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HomeMy WebLinkAbout10-04-04 . I~ • CITY OF LAKEVIL~E COUNCIL MEETING OCTOBER 4, 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: E. Knetsch, Assistant 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; T. Vonhof, Police Department; D. Volk, Director of Operations & Maintenance; D. Morey, Planning Director; 6. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the September 20, 2004 City Council meeting were approved as presented. At the request of the City Administrator, the • City Council tabled consideration of the September 13t" Council work session minutes until corrections can be made. SPOTLIGHT ON BUSINESS Economic Development Commission member Bob Brantly presented information on Performance Office Papers and introduced Vice President Jim Kyne. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the September monthly report of the Operations & Maintenance Department. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4, 2004 Page 2 • PRESENTATIONS/INTRODUCTIONS Donna Tilsner, Recreation Supervisor for the City of Edina and Chair of the MRPA Awards Committee, presented an Award of Excellence to the City Council for the 2003 Lakeville Area Arts Center Playbill. Parks & Recreation Director Steve Michaud recognized and thanked the Arts Center staff and playbill sponsors. CITIZENS' COMMENTS None CONSENT AGENDA Council members added item 12 to the consent agenda. 04.127 Motion was made by Luick, seconded by Wulff to approve the consent agenda items as follows: a. Claims for payment. . b. Receive minutes of the following advisory committee meetings: ? Planning Commission, September 23, 2004 ? Telecommunications Commission, September 21, 2004 ? Snowmobile Task Force, September 16, 2004 c. Resolution No. 04-198 appointing election judges for the November 2, 2004 General Election. d. Ordinance No. 771 amending Title 3 of the Lakeville City Code concerning the licensing of peddlers and transient merchants. e. Resolution No. 04-199 amending the fee schedule with respect to police services. f. Resolution No. 04-200 authorizing the issuance and sale of General Obligation Water Revenue Refunding Bonds, Series 20048. g. Resolution No. 04-201 adopting Comprehensive Water Plan Addendum and Irrigation Well Study. h. Table acceptance of Award of Commissioners on the Jungels property, 18945 Knollwood Avenue. CITYOFLAKEVILLE COUNCIL MEETING OCTOBER 4, 2004 Page 3 i. Lakeville High School No. 2 development contract amendment. j. Snow plowing contract with Jeff Reisinger Lawn Service and Snow Plowing for liquor stores #3 and #4. k. Special assessment agreement with Winston Christensen, 10695 - 175t" Street West. I. Set a Council work session to be held on Thursday, October 7, 2004, at 5:30 p.m. m. Rental Agreement with St. Joseph Equipment, Inc. for a Case 3- yard loader. 12. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the installation of exterior metal panels on an existing building at Alcorn Beverage Company, 21725 Hanover Avenue. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 9 Mayor Johnson opened the public hearing on the certification of delinquent utility accounts. The City Clerk attested to legal notices duly published and mailed. Mr. Feller presented the list of delinquent utility accounts being certified to the County Treasurer/Auditor. The total amount being certified is $55,492.64. This amount, he explained, includes a $25 service charge and 18% interest. No interest is charged if the entire amount is paid within 30 days of adoption of the assessment. He explained that the City avoids the loss of revenue through bankruptcy by semi-annually certifying delinquent utility accounts to taxes. There were. no questions or comments from the City Council or members of the audience. 04.128 Motion was made by Wulff, seconded by Luick to close the public hearing on the certification of delinquent utility accounts. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4, 2004 Page 4 04.129 Motion was made by Luick, seconded by Rieb to approve Resolution No. 04-202 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer/Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 10 Mayor Johnson opened the public hearing on the application of GM Lakeville, LLC, for an on-sale and Sunday liquor license at Green Mill, 17733 Kenwood Trail. The City Clerk attested to publication of the legal notice. Mr. Paul Dzubnar, representing Green Mill, requested Council approval of an on-sale and Sunday liquor license. He indicated they plan to open the restaurant on approximately February 1, 2005. Sergeant Knutson presented the police report for Green Mill. He explained that background checks were conducted, and the application meets the requirements of State Statute and City ordinance. Prior to issuance of the license, the on-site manager must be identified and successfully pass a background investigation. He stated the Police Department has no objection to the issuance of an on-sale and Sunday liquor license, subject to identification of a qualified on-site manager and issuance of a certificate of occupancy by the City's Building Inspection Department. Will Anderson, also representing Green Mill, introduced himself to the City Council and thanked the Council members and staff for considering their liquor license application. There were no questions or comments from the City Council or members of the audience. 04.130 Motion was made by Luick, seconded by Wulff to close the public hearing on the application of GM Lakeville, LLC, for an on-sale and Sunday liquor license at Green Mill, 17733 Kenwood Trail. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. 04.131 Motion was made by Rieb, seconded by Wulff to grant an on-sale and • Sunday liquor license to GM Lakeville, LLC, subject to identification of a CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4, 2004 Page S qualified on-site manager and issuance of a certificate of occupancy for the restaurant located at 17733 Kenwood Trail Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. ITEM 11 Kelly Murray of Wensmann Homes requested Council approval of the preliminary and final plat of Betcher Place. Associate Planner Erin Seeman presented the preliminary and final plat of Betcher Place, which consists of four single family lots on 2.2 acres located north of Kendale Drive and east of Dupont Avenue. In conjunction with the preliminary and final plat, the developer is also requesting the vacation of a portion of a roadway, drainage and utility easement. The developer is also requesting rezoning of the property from RM-1 and RST-2 to RS-3, Single Family Residential District. She explained that the rezoning would .allow a uniform zoning classification for the subject property. An administrative subdivision is required prior to recording the final plat to split the 2.2-acre parcel off of the parent parcel. She stated the planning and engineering department staff, the Parks, Recreation & Natural Resources Committee and the Planning Commission have reviewed the preliminary and final plat plans, and all recommend approval 04.132 Motion was made by Luick, seconded by Rieb to receive the Planning Commission's Findings of Fact and .Recommendation and approve Resolution No. 04-203 approving the preliminary and final plat of Betcher Place, Ordinance No. 772 rezoning property from RST-2 and RM-1 to RS-3, Single Family Residential District, and Resolution No. 04- 204 vacating public roadway, drainage and utility easements. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 13 Dan Opitz of Four Crown, Inc., requested Council approval of a conditional use permit to allow the construction of a 3,819 square foot Wendy's fast food restaurant in .Argonne Village. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4, 2004 Page 6 i Associate Planner Erin Seeman explained that the subject site is zoned PUD, Planned Unit Development District, and is subject to the C-3, General Commercial District, requirements and the terms and conditions of the approved Argonne Village PUD. The Planning Commission held a public hearing on the conditional use permit and recommended approval on a 5-1 vote subject to 11 stipulations. Ms. Seeman explained that the developer has submitted, as recommended by the Planning Commission and staff, a comprehensive sign plan, a revised plan identifying adequate service truck delivery movements and a revised landscape plan that includes berm and additional landscaping along Kenrick Avenue to screen headlight glare. A $21,650.00 letter of credit has been submitted for landscaping and grading. Staff recommends approval 04.133 Motion was made by Bellows, seconded by Wulff to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a Wendy's fast food restaurant on Lot 1, Block 1, Argonne Village. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 14 Mr. Michaud introduced Mike Stuber, Snowmobile Task Force Chair. Mr. Stuber requested Council approval of the 2004-2005 Task Force Goals and snowmobile trail map. He pointed out that there'have been no changes to the snowmobile trail map since last year's season. The Task Force. is recommending a continued public information campaign regarding safe snowmobiling, which will be provided by the SnoTrackers Snowmobile Club. City staff will conduct a mass mailing prior to the opening of the snowmobile season, distributing the Task Force goals and trail map to all registered snowmobilers. A snowmobiling hotline will continue to offer current information, and the Police Department will continue to monitor complaints and enforce a zero tolerance policy for violations. Mr. Michaud recognized and thanked the Task Force members, SnoTrackers Snowmobile Club and the many land owners who provide snowmobile trail access on their property. Mayor Johnson asked how many snowmobiles are registered in the city. Mr. Stuber stated there are approximately 1400 registered. snowmobiles in Lakeville. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4, 2004 Page 7 04.134 Motion was made by Rieb, seconded by Wulff to approve the Snowmobile Task Force 2004-2005 goals and snowmobile trail map. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS: Next regular Council .meeting, October 18, 2004 Mayor Johnson adjourned the meeting at 7:51 p.m. Respectfully submitted, Charlene Friedges, City Jerk Robert D..lohn ,Mayor •