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HomeMy WebLinkAbout11-01-04 s CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 1, 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; S. Strachan, Police Chief; D. Volk, Director of Operations & Maintenance; D. Morey, Planning Director; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk.. MINUTES The. minutes of the October 18, 2004 City Council meeting and the October 7, 2004 Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the October monthly report of the Operations & Maintenance Department. PRESENTATIONS/INTRODUCTIONS Don Volk introduced Ken Seurer, Utilities Superintendent, who was recently awarded a Meritorious Service Award by the American Water Works Association. Mr. Volk re-presented the award to Mr. Seurer. Chief Strachan introduced Jim Puncochar, who was recently promoted to the rank of Sergeant. Chief Strachan also recognized Lieutenant Richard Schwartz on his retirement. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 1, 2004 Page 2 • CITIZENS' COMMENTS Todd Bornhauser, Lakeville Area Chamber of Commerce, thanked City staff for their support and assistance with the Chamber's candidate forums. CONSENT AGENDA 04.142 Motion was made by Luick, seconded by Bellows to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: ? Planning Commission, October 21, 2004 ? Parks, Recreation & Natural Resources Committee, October 20, 2004 ? Lakeville Area Arts Center Board, October 14, 2004 ? Telecommunications Commission, October 12, 2004 c. Change Order No. 1 with Progressive Contractors, Inc. for CSAH 5- 50/I-35 interim improvements, Improvement Project 02-07. d. Resolution No. 04-220 accepting donation from the Huntington Path-Hubbard Trail neighborhood to the Fire Department. e. Receive bid and award contract for Fire Department hydraulic rescue equipment. f. Resolutions No. 04-221 and 04-222. receiving bids and awarding contract for water treatment chemicals. g. Cross Country Ski Traditional Grant Agreement with the Minnesota Department of Natural Resources for Ritter Farm Park. h. Resolution No. 04-223 accepting .donation of improvements from Lakeville Rotary Club to Land of Amazement at North Parka i. Resolution No. 04-224 accepting donation of three park benches and two commercial dog clean-up bag dispensers from Lake Marion Association for Juno Trail parkway. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 1, 2004 Page 3 j. Resolution No. 04-225 accepting donations from area businesses for the Haunted Forest. k. Agreement with Dakota Valley Symphony for afive-concert season at the Lakeville Area Arts Center. 1. Resolution No. 04-226 accepting donation of construction services by Rosti Construction as part of the Lakeville Area Arts Center "Walkway to the Arts" paver project. m. Resolution No. 04-227 accepting donation from the Lakeville Baseball Association for outfield fences and dugout roofs at the King Athletic Complex. n. Resolution No. 04-228 setting 2005 dental insurance rates. o. Special home occupation permit extension for Laura Johnson to allow the operation of a hair salon at 17069 Georgetown Way. • p. Ordinance No. 773 amending Title 11 of the Lakeville City Code concerning RS-3 District standards in the Heritage Commons Central Area Planned Unit Development. q. Set a special Council meeting to be held on Thursday, November 4, at 5:30 p.m. r. Set a Council work session to be held on Wednesday, November 10, at 4:00 p.m. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 8 Scott Winer, representing Cheese Louise, LLC, requested Council approval of a conditional use permit to allow the construction of a restaurant with copper as the primary exterior building finish. The building will be located at 17516 Dodd Boulevard, in the Crossroads development. Community Development Director Dave Olson presented the conditional use permit request. He explained that the restaurant is intended to be a CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 1, 2004 Page 4 high-quality, upscale dining experience. Natural stone has been incorporated into the design of the restaurant as an accent. The ratio of copper to natural stone will be 75% to 25%. The developer and architect intend to let the copper develop a rich brown patina. Once the brown patina has been achieved through the natural oxidation process, it will be subdued with sealers to prevent the building from turning green. The Planning Commission recommended a $20,000 security to guarantee the copper sealant and installation of perimeter and foundation landscaping. Staff recommends approval of the conditional use permit. Council Member Luick asked how long it would take the copper to reach the desired color and how long after that would the sealant need to be applied. Mr. John Hempel from Hempel Properties stated the aging process takes anywhere from six to 18 months, depending on the elements. He stated the sealant can be applied during the winter months. 04.143 Motion was made by Wulff, seconded by Rieb to receive the Planning Commission's findings of fact and recommendation and approve a conditional use permit to allow the construction of a restaurant with copper as the primary exterior building finish at 17516 Dodd Boulevard. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 9 Jeff Kupka of Ryan. Companies requested Council approval of the preliminary and final plat of Motoprimo Motorsports, located in the northeast corner of Kenrick Avenue and 167th Street, south of the Harley Davidson dealership. Frank Dempsey explained that the developer is proposing to construct a 27,455 square foot retail and service commercial building on 4.17 acres of property. The plans propose a future 15,000 square foot addition on the north side of the first phase of the building. The property currently consists of two separate parcels. Approval of this plat would combine the two parcels so the site can be developed. for a single commercial use. The building will have a single driveway access off of Kenrick Avenue, as recommended by the City's traffic consultant. Mr. Dempsey explained that the landscape plan has been revised to include eight-foot CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 1, 2004 Page 5 tall conifers along the east property line, along with a three to five foot tall retaining wall, adjacent to the single-family homes. The Planning Commission held a public hearing on the preliminary and final plat, and all concerns .raised at the public hearing have been addressed. Staff recommends approval Council Member Wulff asked about the elevations of the retaining wall and driveway on .the south side of the property and whether there is sufficient screening to prevent headlight glare on the adjacent homes. Mr. Kupka stated the retaining wall and landscaping would be sufficient to block headlight glare. Mr. Kupka pointed out that the business would only be open until approximately 6 p.m. Council Member Wulff was concerned that the overstory trees in the northeast corner of the site would not be sufficient to block headlight glare. She suggested a mixture of overstory and evergreen trees might be more effective. Council Member Luick asked what assurance they have that the future expansion area would not be used as a motorcycle test driving area. Mr. Kupka stated the type of motorcycle sold at Motoprimo is more of a high-end bike, rather than a dirt bike. He felt it would be highly unlikely that a person would take that type of bike into the dirt and/or mud. Mr. Mielke referenced Paragraph 28.0 of the development agreement, which prohibits test driving of vehicles on Kentucky Avenue and 167"' Street. He suggested the future expansion area could be added to this stipulation. Mr. Kupka agreed to that condition. Mr. Dempsey stated the Planning Commission will consider a conditional use permit to allow an outdoor sales and display area, which will be forwarded to the City Council for approval at a later date. The Planning Commission could include a stipulation in the conditional use. permit prohibiting the use of this future expansion area for test driving motorcycles. 04.144 Motion was made by Bellows, seconded by Wulff to approve Resolution No. 04-229 approving the preliminary and final plat of Motoprimo Motorsports, including an amendment to Paragraph 28.0 of the development agreement prohibiting test driving of vehicles in the future expansion area on the north side of the properly. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 1, 2004 Page 6 Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, .Bellows, Johnson. ITEM 10 Mr. Morey presented the final. plat of Donnelly Farm, located. east of Dodd Boulevard, west of Holyoke Avenue and north of Heritage Drive. The development is proposed to have 125 single-family lots and 135 attached townhouse units. The property is currently zoned Planned Unit Development. The final plat is consistent with the preliminary plat approved by the City Council on September 20, 2004. Front porches and side entry garages will be included on homes to be constructed on lots less than 85 feet in width. Outlot D is proposed to be rezoned from C-3, General Commercial District, to OR, Office/Residential Transitional District, to provide a better transition between adjacent commercial properly and the residential uses in the Donnelly Farm plat. A one-acre portion of Outlots B and E currently zoned C-3 will be rezoned to PUD, consistent with the remainder of the Donnelly Farm plat. Also included with the final plat is the vacation of a small public drainage and utility easement in the northwest corner of the site. The easement will no longer be needed, since the drainage area will be dedicated to the City with Outlot B. The developer is proposing a combination of land dedication and cash to satisfy the park dedication requirement. Mr. Morey stated the City Council is also being asked to approve a conditional use permit to allow the developer to place fill within the floodway to accommodate the construction of Itea Avenue. Action on the conditional use permit was tabled at the September 20, 2004 City Council meeting. 04.145 Motion. was made by Luick, seconded by Rieb to approve the following: Resolution No. 04-230 approving the final plat of Donnelly Farm ? Resolution No. 04-231 vacating drainage and utility easements ? Ordinance No. 774 rezoning property from C-3 to O-R and from C-3 to PUD ? Conditional use permit to allow the construction of Itea Avenue and placement of fill within the floodway . Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 1, 2004 Page 7 UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, November 15, 2004 Mayor Johnson adjourned the meeting at 8:16 p.m. Respectfully submitted, arlene Friedges, City rk Robert D. Johnso ,Mayor