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HomeMy WebLinkAbout09-02-034' CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2,2003 A complete video tape of the City Council proceedings is retained for one year Mayor Johnson .called the meeting to order at 7:D0 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. Erickson, City Administrator; R. Knutson, City Attorney; K. Nelson,. City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; D. Martens, Chief of Police; D. Morey, Planning Director; R. Mullenbach, Associate Planner; F. Dempsey, Associate Planner; D. Volk, Director of Operations & Maintenance; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. • MINUTES The minutes of the August 18, 2003 City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided additional information for agenda item # 12 Parks & Recreation Director Steve Michaud presented "artrageous" buttons to the City Council and provided a brief overview of the Lakeville Art Festival, scheduled at the Lakeville Area Arts Center on September 13 and 14, 2003. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 2003 PAGE 2 PRESENTATIONS INTRODUCTIONS Todd Bornhauser, Executive Director of the Lakeville Area Chamber of Commerce, presented the recently completed Lakeville Community (street parks) Map. CITIZENS' COMMENTS None CONSENT AGENDA 03.93 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: •3 Planning Commission, August 21, 2003 • Parks, Recreation & Natural Resources Committee,. August 20, 2003 • Lakeville Area Arts Center Board, August 7, 2003 • c. Receive a lication of A le American Limited Partnershi of pp pp p Minnesota, d/b/aApplebee's Neighborhood Grill & Bar, for an on- sale and Sunday liquor license at 18404 Kenrick Avenue, and .call a public hearing to be held on September 15, 2003. d. Joint Powers Agreement for Dakota County Domestic Preparedness Committee. e. Agreements with Voice Trek, Sheldon Theatre Brass Band, Marcoux Corner, C Willi Myles, Just Add Water a nd Michael Monroe for performances at the Lakeville Area Arts Center. f. Agreement with Dakota ~alleySymphonyfor the 2003-2004 season at the Lakeville Area Arts Center. g. Resolution No. 03-149 amending the 2003 General Fund Budget. h. Resolution No. 03-150 authorizing the sale of assets. i. Lakeville Convention and Visitors Bureau 2004 Budget. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 2003 PAGE 3 j. Resolution No. 03-151 designating "no parking" zones on the west side of Klamath Trail from Orchard Lake Elementary School to the intersection of County Road 46 and County Road 5. k. Trunk storm sewer, trail construction and land acquisition reimbursements for Marion Fields Fourth Addition. I. Change Order No. 1 and final paymentto Keys Well Drilling for the construction of Well No. 16, Improvement Project 01-11. m. Change Order No. 1 with Minger Construction, .Inc. for Improvement Projects 01-02, 02-04 and 02-05. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 8 Mayor Johnson opened the public hearing on the application of Steaming Bean Lakeville, Inc. for anon-sale 3.2% malt liquor and wine license at i 7704.-160t" Street West. The City Clerk attested to publication of the legal notice. Mr. Timothy Igo, Manager of Steaming .Bean Coffee, requested Council approval of a 3.2 beer and wine license. He explained that Steaming Bean is a new coffee concept, offering a typical coffee shop in the morning/afternoon, with a beer and wine bar in the evening. Chief Martens presented the police report. He stated background checks were conducted on the four major owners of Steaming Bean, Inc. All related documents have been reviewed and are in order. A certificate of insurance has been submitted. The Police Department has no objection to the issuance of a wine and 3.2% malt liquor license, contingent upon. the. issuance of a certificate of occupancy from the Building Inspection Department. There were no comments or questions from the audience. 03.94 Motion was made by Wulff, seconded by Rieb to close the public hearing. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 2003 PAGE 4 Council Member Wulff asked about parking.. Mr. Erickson stated the offsetting uses within the commercial center would accommodate this particular use. 03.95 Motion was made by Bellows, seconded by Wulff to grant a 3.2% malt liquor and wine license to Steaming Bean Coffee, 7704 - 160t" Street West, subject to the issuance of a certificate of occupancy from the Building Inspection Department. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 9 Mr. Morey presented an ordinance amending Title 11, Chapter 37 of the. Lakeville City Code concerning motor fuel facilities. He explained that the City Council tabled action on this item atthe August 18~' meeting because of concerns related to the placement of sale items in close proximity to the fuel pumps. Mr. Morey stated. the City's Fire Inspector has indicated that according to the International Fire Code, combustible materials must be kept at least 10 feet from the fuel pumps. Based on the Fire Code restriction, staff recommends revisions to the proposed zoning ordinance amendment presented at the August 18t" Council meeting. The revised ordinance would eliminate the display area at the ends of and between the fuel pumps to comply with Fire Code requirements. It would also decrease the area that can be devoted to outdoor sales from 10% of the floor area of the principle building to 5% of the floor area of the principle building. The amendment does not include. a 200 square foot cap in conjunction with the 5% floor area allowance. Mr. Morey indicated that one of the local operators has expressed support of the 5% outdoor sales area requirement. Mayor Johnson asked if 5% would be within the 200 square foot area for those businesses that currently exist. Mr. Morey stated the 200 square foot cap would fall within that requirement for all except two or three existing businesses. It would apply more to the newer facilities coming in. Council Member Luick stated he feels the 200 square foot cap is important and should remain in the ordinance. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 2003 PAGE 5 Council Member Wulff agreed, stating the.200 square. foot cap was a well thought out recommendation by the Planning Commission. Council_Members Bellows. and Rieb agreed that the 200 square foot cap should be included. Mr. Morey explained that the current operators would need to obtain a conditional use permit, with a public hearing in front of the Planning Commission and subsequent approval by the City Council, prior to utilizing their .outdoor areas for display and sales. Mr. Erickson suggested that the operators be allowed a reasonable amount of time to sell any product that is currently displayed outdoors. He indicated that staff would work with the operators to expedite the conditional use permit .process. Mr. Bob Krogeman of the Minnesota Petroleum Marketers Association questioned the Fire Marshal's interpretation of the State Fire Code with respect to dispensers and combustible materials on the pump islands. • Council Member Wulff stated the fire issue is irrelevant in her opinion.. She feels that from a safety standpoint and good visibility, large pallets of materials should not be stored around the pump islands. The City Attorney stated if the City Council feels it is safer to keep the storage of materials away from the pump islands, the Council has the prerogative to make that decision, based on the information presented and regardless. of interpretation of the State Fire Code.. 03.96 Motion was made by Luick, seconded by Rieb to adopt Ordinance No. 743 amending Title 11 of the Lakeville City Code making allowance for and regulating outdoor sales for motor fuel facility uses, with an amendment to Paragraph 3a by adding the wording, "or 200 square feet, whichever is less". Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. ITEM 10 Ralph Kloiber of HOM Furniture requested Council approval of the preliminary and final plat of HOM Furniture Second Addition. He stated CITY OF LAKEVILLE COUNCILMEETING SEPTEMBER 2, 2003 PAGE 6 the plat consists of a 13,110 square foot multi-tenant retail building located between HOM Furniture and Gander Mountain. Hirschfield's, a paint. and wall-covering store, will occupy the north half of the building. The tenant for the southerly half has not yet been identified. Associate Planner Ron Mullenbach presented the preliminary and final plat of HOM Furniture Second Addition, located along the west side of Kenyon Avenue. He stated all public infrastructure is in place, and no new driveway accesses are proposed. The developer is proposing one wall sign for each of the two proposed tenant spaces, consistent with the Sign Ordinance requirements. The. exterior building materials will be consistent with the existing HOM Furniture store. The Planning Commission held a public hearing and unanimously recommended approval subject to five stipulations listed in the planning report. 03.97 Motion was made by Luick, seconded by Bellows to approve Resolution No. 03-152 approving the preliminary and final plat of HOM Furniture Second Addition. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, • Rieb. ITEM 11 Vince Markell of APPRO Development requested Council approval of several planning actions related to the construction of a parking lot accessory to the existing Lakeville Tire and Auto property, located at 20909 Holyoke Avenue. Mr. Mullenbach explained that the parking lot expansion is proposed in conjunction with the upgrade of the roof and facade on the Lakeville Tire and Auto building. The owner is proposing to remove an existing dilapidated single-family home and construct a: parking lot to serve his existing. minor automobile repair business. The two properties are completely separated by a platted public alley. Construction of the parking lot requires the vacation of the alley, a comprehensive land use plan amendment, rezoning and a variance from the required. parking lot setbacks. Upon completion of these planning actions, the two existing parcels and portions of the vacated alley will be combined into a single lot. Mr. Mullenbach explained that City staff is working with the developer to utilize Community Development Block Grant funds for the demolition. of .the single-family home. The variance would allow afive-foot parking lot CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 2003. PAGE 7 i setback along 209t" Street. The Planning Commission held a .public hearing and recommended approval subject to stipulations contained in the August 15, 2003 planning report. 03.98 Motion was made by Rieb, seconded by Bellows to approve the following for Lakeville Tire and Auto, 20909 Holyoke Avenue: • .Resolution No. 03-153 approving the Lakeville Tire and Auto Comprehensive Plan Amendment re-guiding property from Medium Density Residential to Commercial Land Uses; • Ordinance No. 744 rezoning property from RM-1, Medium Density Residential District, to C-CBD, Central Business District Area Commercial District; • Variance from the required parking lot setbacks; • Resolution No. 03-154 vacating a public alley Roll call was taken. on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. Mayor Johnson acknowledged. and thanked Ron Mullenbach for six years . of dedicated service. to the City of Lakeville, as he recently accepted a position in the private sector. ITEM 12 Mr. Glen Klotz requested Council approval of one commercial lot known as Klamath Glen, located in the southwest corner of Kenwood Trail and Klamath Trail Mr. Dempsey presented the planning report for Klamath Glen. He explained that this plat involves the combination of two metes and bounds parcels to accommodate the construction of a 4,807 square foot office building. The driveway will be located off of Klamath Trail; and parking is sufficient to accommodate the proposed office building.. The Planning Commission held a public hearing and recommended approval subject to the stipulations listed in the planning report. The Planning Commission also recommended an extended sidewalk along the front of the building and additional landscaping in accordance: with the City's Corridor and Gateway Design Study. 03.99 Motion was made by Wulff, seconded by Rieb to approve Resolution No. 03-155 approving the preliminary and final plat of Klamath Glen, CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 2, 2003 PAGE 8 Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS: Next regular council meeting, September 15, 2003 Budget work session, September 3, 2003 Mayor Johnson adjourned the meeting at 8:05 p.m. • • Respectfully submitted,