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HomeMy WebLinkAbout08-18-03~ * ~~ CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 2003 A complete videotape of the City Council proceedings is retained for one year 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 WuIfP, Rieb, Luick and . Mayor Johnson. Absent: Council Member. Bellows. Also present: R. Erickson, City Administrator; R. Knutson, City Attorney; D. Feller, Finance Director; J. Rubash, Assistant City Engineer; D. Olson, Community Development Director; D. Morey, Planning Director; F. Dempsey, Associate Planner; S. Michaud, Parks & Recreation Director; Lieutenant Vonhof, Police Department; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. • MINUTES The minutes of the August 4, 2003, City Council meeting were approved as presented. SPOTLIGHT ON BUSINESS: Economic Development Commission member Steve Gehrke .introduced Walgreens store manager, Scott Connley. STAFF ANNOUNCEMENTS ATTORNEY.' None . ENGINEER: None ADMINISTRATOR; Mr. Erickson announced that the City of Lakeville is asking residents to voluntarily participate in odd/even lawn watering due to the continued hot weather and lack of rain. .Staff is distributing information on a recommended water conservation policy. .Mayor Johnson pointed. out that the DNR controls .the amount of water that the City is allowed to pump. He emphasized that residents should ~, CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 2003 PAGE 2 • pay special attention to watering. only their yards, and not waste water by allowing it to run into the street. PARKS & RECREATION DIRECTOR:. Mr. Michaud presented the July monthly report of the Parks & Recreation Department. PRESENTATIONS/INTRODUCTIONS Pan-O-Prog President Sue Rogers presented a $5,000 donation to the City of Lakeville from Pan-O-Prog. She stated the donation is being made to assist the. City of Lakeville with costs incurred by the City for the 2003 celebration. Ms. Rogers then introduced the 2004 Pan-O-Prog President, Dave Litzinger. CITIZENS' COMMENTS None CONSENT AGENDA Council members added Item 9 to the consent agenda. 03.87 Motion was made by Wulff, seconded by Luick to approve the consent agenda items as follows: a. Claims for payment. b. Investment report. c. Receive minutes of the following advisory committee meetings: • Planning Commission, August 7, 2003 • Parks, Recreation & Natural Resources Committee, August 6, 2003 d. Resolution No. 03-143 accepting donation from Panorama of Progress. e. Change Order No. 1 to Valley Paving, Inc. for miscellaneous roadway repairs, Improvement Project 03-04. f. Temporary construction easements for Parcels J and K, County Road 60/I-35 Interchange, Improvement Project 03-10. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 2003 PAGE 3 • g. Resolution No. 03-144 authorizing Barr Engineering_to prepare plans and specifications for Well No. 2 rehabilitation, Improvement Project 03-10. h. Resolution No. 03-145 accepting donation from Eskimo Pie Distribution Company for Safety Camp. i. Receive application of Steaming Bean Lakeville, Inc. for an on-sale 3.2% malt liquor and wine license at 7704 - 160t" Street, and call a public hearing to be held on September 2, 2003. j. Three year extension of a special home occupation permit to ,operate sewing classes at 9391- 178t" Street West. k. Resolution No. 03-146 vacating a permanent public drainage and utility easement at 10285 - 170t" Street West. L Ordinance No. 742 amending Section 9-3-7 of the Lakeville City Code concerning the sign ordinance. m. Set a Council budget work session to be held on September 3, 2003 at 5:00 p.m. 9. Resolution No. 03-147 approving the final plat of Crossroads 2na Addition. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 10 Diane Lindo and Lara Kelley requested Council approval of a conditional use permit to allow the operation of a cosmetology school (Minnesota School of Beauty) in the Heritage Commons development at 20186 Heritage Drive. Mr. Dempsey explained that the cosmetology school would occupy the vacant 8,800 square foot end unit in the northerly Heritage Commons retail. building. A cosmetology school is considered an adult education .facility in the C-3, General Commercial District, which requires a conditional use permit. Mr. Dempsey explained that the recommended stipulations include caps on the number of students,. employees and CITY OF LAKEVILLE COUNCIL MEETING AUGUST Y8, 2003 PAGE 4 • clients in order to address parking concerns. desires to exceed these caps in the future, conditional use permit and additional paved required. The Planning Commission held a conditional use permit request and unanimously subject to seven stipulations. If the business owner an amendment to the parking spaces will be public hearing on the ~ recommended approval 03.88 Motion was made by Rieb, seconded by Luick to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow an adult education facility on property located at 20186 Heritage Drive. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Johnson. ITEM 11 Mr. Rob Wachholz of Tradition Development requested Council approval of an interim use permit to allow mining of aggregate. on .property located north of 170' Street and east of Pilot Knob Road. Mr. Dempsey presented the request of Tradition Development to operate a 39-acre sand and gravel mine on an existing 196.91-acre parcel. He explained that Tradition Development plans to mine approximately 2,000,000 cubic yards of material until December 31, 2005, with restoration completed by June 1, 2006. The end use of the 39-acre. mining area will be a sand bottom manmade lake. The 2020 .Land Use Plan in the Comprehensive Plan guides the 196.91-acre parent parcel for future low-density residential development. The Planning Commission held a public hearing and unanimously recommended approval subject to 16 stipulations. 03.89 Motion was made by Luick, seconded by Wulff to receive the Planning Commission's Findings of Fact and Recommendation and approve an Interim Use Permit to allow the mining of aggregate on property located north of 170' Street and east of Pilot Knob Road. Roll call. was taken on the motion. Ayes, Rieb, Luick, Johnson, Wulff. ITEM 12 Mr. Morey presented a proposed ordinance amending Title 11, .Chapter 37 of the Lakeville City Code (the zoning ordinance) concerning motor CITY OF LAKEVILLE COUNCIL MEETING AUGUST I8, 2003 PAGE 5 • fuel facilities. He explained that the City Council adopted a temporary moratorium for motor fuel facilities in November of 1996. Northwest Associated Consultants completed a motor fuel facilities study in 1997, and recommendations were made. The Planning Commission held a public hearing on the proposed zoning ordinance amendment, and .the City Council. adopted a new ordinance in 1997 for motor fuel facilities. The new ordinance limited outdoor display at motor fuel facilities to, mainly, propane tanks. The new ordinance contained afive-year sunset to allow the operators time to bring their facilities into compliance. City staff contacted motor fuel facility operators last summer regarding compliance with the new regulations. Soon after, several motor fuel owners and managers raised .concerns that the regulations were too strict and asked thatthe issue be reconsidered. The Planning Commission reviewed the ordinance requirements, and staff .suspended enforcement of outdoor display regulations. Thee Planning Commission held a public hearing on June 5, 2003, which followed several work sessions to. review the current Zoning Ordinance requirements and draft proposed changes based on comments and concerns raised by industry representatives. The City Council tabled consideration of the. ordinance amendment on June 16, 2003 and referred the ordinance amendment back to the Planning Commission for further review of specific .written comments and recommendations from industry representatives. Staff drafted a revised amendment based on Planning Commission recommendations. On August 7, 2003, the Planning Commission recommended approval of the revised zoning ordinance amendment on a 4-3 vote. Mr. Dan Licht of Northwest Associated Consu tants explained .that the ordinance amendment before the City Council this evening modifies the original proposed amendment to: 1) increase the area. that can be devoted to outdoor sales from 5% of the floor area of the principal building with a 200 square foot cap to 10% of the floor area of the ..principle building with no cap; 2) increase the height of the display area at the ends of the fuel pumps from three feet to four feet; and 3) not require that the allowed outdoor display at the ends of the fuel pumps be located on a raised pump island for all existing facilities. The proposed ordinance amendment requires each existing motor fuel facility to obtain City approval of a conditional use permit amendment, which must include a site plan showing the specific proposed outdoor sales and display areas, prior to allowing the outdoor display allowed under the new ordinance. As part of the conditional use permit amendment .CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 2003 PAGE 6 process, a public hearing is required at a Planning Commission meeting, and the surrounding property owners within 500 feet must be notified. Mr. Licht explained that the four Planning Commission members who voted in favor felt that the amendment .represented a reasonable compromise between staff's concerns and the motor fuel .industry's recommended changes. The three- Planning. Commission memberswho voted against the revised amendment felt that it did not .reflect their expectations because it allows too much outdoor sales and display area.. Mayor Johnson pointed out that by adopting this ordinance amendment, the City is going from a zero tolerance to allowing some level of outdoor display and -sales at motor. fuel facilities. He stated the question is not whether to allow outdoor sales and storage. The question is what percentage will be allowed. Council Member Luick asked how the proposed guidelines compare with. those- of neighboring cities. Mr. Morey stated staff observed a lack. of outdoor display at these types of facilities in the cities of Apple Valley and Burnsville. They appear to be more restrictive than this proposed ordinance. The City of Farmington seems to have fewer restrictions. Other cities of comparable size to Lakeville allow outdoor storage and sales with restrictions similar to what is being proposed. Council Member .Luick asked if outdoor storage of flammable materials such as wood chips in close proximity to motor fuel is in compliance with state fire codes. Mr. Morey did not know and stated he would. research that with the City's fire marshal. Council Member Rieb asked if these facilities have the space available for up to 10% of outdoor storage. Mr. Morey stated it would .have more impact on existing facilities, because they were .built under different rules and regulations.. All. of them, however, can incorporate one or more element of the proposal that is before the City Council. Council Member Wulff stated she feels 10% is excessive. She stated she is also concerned about the storage of flammable materials. Mr. Morey pointed out that the Planning Commission, in its review of this over the past eight months, has placed first and .foremost the health, safety and welfare of the public as the primary reason. for establishing these restrictions. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 2003 PAGE 7 Mayor Johnson stated zero tolerance is not acceptable in his opinion. He stated he feels the City should establish a standard that is acceptable to the businesses and to the community. After that standard has been in .place, if it is found to be too restrictive, amendments can be considered at that time. Mr. Erickson stated. Council Member Bellows indicated in a telephone message today that he would support outdoor display and sales at a percentage lower than 10%. Council Member Luick recommended tabling this matter to allow staff to respond to the storage of flammable materials with respect to fire codes. 03.90 Motion was made by Luick, seconded by Wulff to table consideration of an ordinance amending Title 11, Chapter 37 of the Lakeville .City .Code concerning motor fuel facilities. to the next regular Council meeting, or until such. time as City staff reviews fire codes with respect to outdoor storage of flammable materials and review of outdoor storage adjacent to .fuel pumps at motor fuel facilities. Roll call was taken on the motion. Ayes, Luick, Johnson, Wulff, Rieb. ITEM 13 Brian LeMon of Barr Engineering presented a proposal for preparation of plans and specifications for Well No. 17. The City's `Capital Improvement Plan includes $550,000 for the design and construction of Well No. 17, which is intended to be located. in North Park. He explained that construction of the well would start late this year, with substantial completion by May 7,.2004. Incentives and rotary drilling alternatives may be included in the specifications to ensure early completion. Well No. 17 will be similar to We11 No. 14, which is located. in King Park. Council Member Wulff asked about a water appropriations permit from the Minnesota Department of Natural Resources for this well and also Well No. 16. Mr. Erickson stated that since the well collection pipe for Well No. 17 is already installed and sized for yields from the Prairie du Chien ..formation, the DNR .has agreed to allow the City to proceed as planned, with a commitment that subsequent wells would be drilled into the FIG (Franconia and Ironton-Galesville) formation. Well No. 16 is a part of this appropriations permit.. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 18, 2003 PAGE 8 Mr. LeMon explained that the DNR is recommending the City investigate an aquifer system that is directly beneath the Jordan aquifer, called the FIG aquifer system. The DNR feels that system is under utilized. and. would have less potential interference issues with other wells. However, drilling. into the FIG system would be more expensive and would .yield less water. Council .Member Rieb recommended the City Council direct staff to send a letter to the surrounding neighborhoods informing residents of the well construction. 03.91 Motion was made by Wulff, seconded by Rieb to approve Resolution. No. 03-148 authorizing .Barr Engineering Company to prepare plans and specifications for construction of Well No. 17, Improvement Project 03- 11. Roll call was taken on the motion. Ayes, Johnson, WuIfF, Rieb, Luick. ITEM 14 Mr. Michaud presented. the proposed Hunting Map for the 2003-2004 hunting season. The Hunting Subcommittee of the Parks; Recreation & Natural Resources Committee recently met and reviewed 2002 hunting activity in Lakeville. As a result, the committee is recommending that four areas be removed from the legal hunting zones as a result of new development within those areas. He explained that most hunting related calls are from residents who are not aware of the legal. hunting zones. There were no serious hunting related incidents in 2002, and car/deer accident totals are down for a third consecutive year. Staff is recommending approval of the 2003 Hunting Map as presented by the Hunting Subcommittee. Council Member Luick pointed out that hunting on private property is prohibited without advance written permission from the property owner. 03.92 Motion was made by Luick, seconded by Rieb to approve the 2003 Hunting Season. Map. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Johnson. UNFINISHED BUSINESS None • • CITY OF LAKEVILLE COUNCIL MEETING AUGUST I8, 2003 PAGE 9 NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, Tuesday, September 2, 2003 Mayor Johnson adjourned the meeting at 8:30 p.m. Respectfully submitted, ~nariene rrieages, Robert D. Mayor •