Loading...
HomeMy WebLinkAbout11-15-04 ~ ' ~ CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 15, 2004 Mayor Johnson called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council Members Bellows, Wulff, Rieb, Luick and Mayor Johnson. Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; Captain Vonhof, Police Department; D. Morey, Planning .Director; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the .November 1, 2004 City Council meeting and the November 4, 2004 special Council meeting were approved as presented. SPOTLIGHT ON BUSINESS Economic Development Commission member Jeannie Schubert presented information on Lakeville Townoffice Park and introduced President Tom Dunsmore. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson provided an engineering project update. ADMINISTRATOR: None PARKS & RECREATION DIRECTOR: Mr. Michaud presented the October monthly report of the Parks & Recreation Department. POLICE CHIEF: Captain Tom Vonhof presented the October Police Department monthly report. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER I5, 2004 PAGE 2 PRESENTATIONS/INTRODUCTION S Captain Vonhof introduced Debra McNaughty of Apple Valley Wal-Mart, who presented a $2000 donation from Wal-Mart Corporation to the Lakeville Police Department. She stated the donation is being given in support of the Project Heart Re-Start Program created by the Lakeville Police and Fire Departments, along with ALF Ambulance and the American Heart Association. Captain Vonhof presented certificates of appreciation to Advanced Wireless and Celebration Church, two local businesses who have already purchased Automated External Defibrillators for their locations. Captain Vonhof introduced Jolene Cemensky, Police Dispatcher. CITIZENS' COMMENTS None CONSENT AGENDA Council members added Items 10 and 12 to the consent agenda. 04.147 Motion was made by Luick, seconded by Wulff to approve the consent agenda items as follows: a. Claims for payment. b. October Investment Report. c. Receive minutes of the following advisory committee meetings: ? Planning Commission, November 4, 2004 ? Parks, Recreation & Natural Resources Committee, November 3, 2004 ? Economic Development Commission, October 26, 2004 ? Telecommunications Commission, November 9,.2004 d. Resolution No. 04-232 accepting donation from Applebee's Restaurant to the Fire Department. e. Resolution No. 04-233 accepting donation from Wal-Mart Foundation to the Police Department AED Program. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER I5, 2004 PAGE 3 f. Resolution No. 04-234 accepting donation from Equine Medical Center to the Police Department. g. Resolution No. 04-235 accepting donation from Domino's Pizza to the Police Department. h. Resolution No. 04-236 authorizing sale of Sage SL6 37 mm Kinetic Energy Weapon System. i. Change Order No. 2 with Ryan Contracting Company for .jacquard Avenue, Improvement Project 03-12. j. Grant of Permanent Easement with Northern States Power Company, Improvement Project 99-12. k. Grant of Permanent and Temporary Utility and Drainage Easements with Dakota County Highway Department for Parcels 7 and 9 on Right-of--Way Map #284 and Parcels 6 and 7 on Right-of-Way Map #285, Improvement Project 02-15. I. Tanker truck lease a reement with AVR Inc. 9 m. Lease agreement with Williams Scottsman, Inc. for three warming houses for the 2004-2005 skating season. n. Contracts with Eagan Men's Chorus and Eagan Women of Note and Schiffelly Puppets for performances at the Lakeville Area Arts Center. o. Dakota County 2005 Community Landfill Abatement Base Fund Application. p. Cable Television Franchise Compliance Verification of Franchise Fees Engagement Letter with HOB Tautges Redpath. q. Employment Agreement between the City of Lakeville and Annie Felix. r. Resolution No. 04-237 setting water, sanitary sewer and street light rates and surface water management fee. • s. Firefighting service agreement with Eureka Township. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 15, 2004 • PAGE 4 t. Table consideration. of Change Order No. 1 with CM Construction for the Central Maintenance Facility. u. Agreement for Puppettering Services with Schiffelly Puppets. v. Resolution No. 04-238 adopting response to comments, findings of fact and record of decision on the Environmental Assessment Worksheet (EAW) for the Brandtjen Farm development. w. Maintenance contract with Mactek Systems for Police Department TEAC voice logger and associated software. x. Gambling permit for Orchard Lake Elementary School PTO to conduct a raffle on February 4, 2005. 10. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment to allow the expansion of an existing non-conforming single-family dwelling located at 9926: -199t" Street W. 12. Resolution No. 04-240 approving the preliminary and final plat of Zweber Farm Tenth Addition. 16. Table consideration of an ordinance licensing and regulating the sale of tobacco, providing for compliance checks and providing civil and criminal penalties for violations until. the December 20, 2004 City Council meeting. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick, ITEM 9 Mayor Johnson opened the public hearing on the proposed assessments for weed and grass removal. The City Clerk attested to notices being duly published and mailed. Mr. Feller presented the proposed assessment to three parcels of property for weed and/or grass removal. The parcels are located at • 20460 Howland Avenue, 19334 Ireland Court and 18134 Jarl Court. The CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER I5, 2004 PAGE 5 total amount proposed to be assessed is $882.80, which includes legal .notice publication, administrative fees and interest. There were no questions or comments. 04.148 Motion was made by Luick, seconded by WulfF to close the public hearing on the proposed assessments for weed and grass removal. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. 04.149 Motion was made by Luick, seconded by Rieb to approve Resolution No. 04-239 adopting assessments for weed and grass removal .Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 11 Jim Merchlewitz, Ryan Companies, requested Council approval of a conditional use permit to allow outdoor sales and display of motorcycles at Motoprimo Motorsports, 16640 Kenrick Avenue. Associate Planner Frank Dempsey explained that the zoning ordinance allows an area up to 30% of the gross floor area of the building to be used for outdoor sales and display. The City Council approved the preliminary and final plat for Lakeville Motoprimo at the November 1St Council meeting, subject to the recommendations of the Planning Commission and an additional stipulation prohibiting test-driving of motorcycles on the future building expansion area. The developer has agreed to this stipulation. Mr. Dempsey stated the developer has revised the landscape plan to propose conifer trees instead of oak trees in the northeast corner of the site, and the grading plan has been revised to extend the screening berm approximately 30 feet to the north, as recommended by the City Council at its November 1St meeting. The Planning Commission and staff recommend approval subject to five stipulations as outlined in the conditional use permit. Council. Member Reib asked if the motorcycles would be displayed outdoors only during store hours. Mr. Merchlewitz stated they would be moved back indoors when the store closes in the evening. CIT>' OF LAKEVILLE COUNCIL MEETING NOVEMBER 15, 2004 PAGE 6 04.150 Motion was made by Bellows, seconded by Rieb to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow an outdoor sales and display area at Motoprimo Motorsports, 16640 Kenrick Avenue. Roll call, was taken on the emotion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. ITEM 13 Allyn Kuennen presented a conditional use permit amendment to allow the construction of an elevated water tank at the central maintenance facility site. The elevated water tank is proposed to be constructed on approximately one acre of land in the northwest corner of the property, which is located north of 179t" Street and west of Cedar Avenue. Mr. Kuennen explained that access to the site would be from a driveway placed directly across from the employee driveway for the Central Maintenance Facility. This access point will be relocated when 179t" Street is extended to the west or when the area to the west is developed. The entire perimeter of the elevated tank site will be enclosed with an 8 to 10 foot tall black vinyl coated chain link fence. The Planning Commission held a public hearing on the construction of the elevated water tank, and there were no public comments. The Planning Commission and staff recommend approval City Engineer Keith Nelson explained that the water tank is proposed to have a 1.5 million gallon capacity and is approximately 125 feet high. This project has been identified in the City's five-year Capital Improvement Plan. The tank will be painted a blue color similar to the North Park tank and possibly include the City's logo on the exterior face. An alternate would be included to provide a tanker fill area on the site for construction contractor access to city water. The base will be 60 feet in diameter, and the tank will be 86 feet in diameter. This elevated tank will replace the current Valley Park standpipe located east of Cedar Avenue. The specifications will include a base bid for an all steel base and tank similar to the Fairfield Business Campus water tank, and an alternate bid for a composite structure. The composite structure will have a steel tank on top of a concrete base. The interior of the base will include an area for storage and a mezzanine area that may be used for lease space for electrical transmitters and a future generator to provide emergency power for the transmitters. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER Z5, 2004 PAGE 7 Mayor Johnson asked what benefit/advantage the tanker fill would provide. Mr. Nelson stated the contractors would be limited to access city water at that one location. Currently, the use fire hydrants located throughout the city. They would be required to provide identification prior to entering, and the water would be metered. Council Member Luick asked about a time line for installation of the stand-by generator. Mr. Nelson explained that the generator would be for the transmitters. It is not currently budgeted, although all the conduits will be put into place. Council Member Luick suggested staff consider the installation of an emergency generator similar to what currently exists at the Water Treatment Facility. 04.151 Motion was made by Rieb, seconded by Wulff to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment to allow the construction of an elevated water tank adjacent to the Central Maintenance Facility, located north of 179t" Street, south of Dodd Boulevard and west of Cedar Avenue. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. ITEM 14 Dave Olson presented a draft interim ordinance that temporarily prohibits development in the designated area adjacent to the I-35 and CSAH 70 interchange. The ordinance would place a 12-month moratorium on any development of the identified parcels to allow the City and Dakota County to officially map the road alignments for reconstruction of the interchange. The official mapping is anticipated to be completed by the end of 2005. Mr. Olson explained that owners of larger undeveloped parcels adjacent to the interchange have been informed that development of their properties would have to take place concurrent or after reconstruction of the interchange, based on the fact that the existing interchange cannot accommodate additional significant trafFc volumes. He further stated that Dakota County will handle right- of-way acquisition, which will commence upon completion of the official mapping. Council Member Rieb asked why the designated area does not extend further. to the north on the west side of I-35. Mr. Olson explained that CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER I5, 2004 PAGE 8 Keokuk Avenue would be left in tact with the current interchange design. Staff has been working with Mr. Cooley, the owner of the undeveloped commercial property, who is cooperating with the City and County in terms of setting aside the necessary right-of-way for the interchange and delaying any large scale development. 04.152 Motion was made by Wulff, seconded by Rieb to adopt Ordinance No. 775, an interim ordinance temporarily prohibiting development in a designated area of the city. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 15 Assistant to City Administrator Brian Anderson presented an amendment to Title 3, Chapter 1, of the Lakeville City Code concerning liquor licenses. He explained that the proposed amendment would eliminate the current $825,000 initial investment requirement for on-sale liquor licenses, which has proven to be difficult for entrepreneurs to open a new restaurant in certain areas of the city. In its place, staff is recommending that beginning on or after January 1, 2005, all newly established on-sale licensees must be required to show proof that gross food and non-alcoholic beverage receipts represent at least 50% of the total receipts for the establishment annually. All existing licensed establishments would be exempt from this requirement. Mr. Anderson also provided some suggested housekeeping items within Title 3, Chapter 1, which involve the elimination of the language ~~other than a hotel" and elimination of the number of on-sale liquor licenses that a city can issue. He explained that State legislation. passed in 2003 offers cities an infinite number of on-sale liquor licenses to distribute to restaurants and hotels. Mr. Brett Duncan, who plans to open a restaurant in downtown Lakeville, spoke in support of the ordinance amendment. Council Member Luick asked how this ordinance amendment would interface with the City's sexually oriented business ordinance. The City Attorney stated it will have no affect on the City's sexually oriented business ordinance, which prohibits that type of business from being held in the same room where alcoholic beverages are sold or consumed. CITY OF LAKEVILLE COUNCIL MEETING , NOVEMBER 15, 2004 PAGE 9 Council Member Luick asked why the ordinance previously limited the number of available Liquor licenses, and why it is being eliminated afi this time. Mr. Knutson stated it was a requirement of State law, and that requirement no longer exists. Council Member Luick asked if this would alter in any way the parking requirements in the downtown area. Mr. Morey stated this would not alter the downtown. parking ordinance whatsoever. He explained that the parking requirement for downtown is based on square footage for restaurants. In other areas of the City, parking is based on square footage with respect to seating. 04.153 Motion was made by Rieb, seconded by Wulff to adopt Ordinance No, 776 amending Title 3, Chapter 1, of the Lakeville City Code concerning alcoholic beverages. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 16 TABLED ON THE CONSENT AGENDA UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS: Next regular Council meeting, December 6, 2004 Mayor Johnson adjourned the meeting at 8:10 p.m. Respectfully submitted, harlene Friedg s, City rk Robert D. Joh on, Mayor