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HomeMy WebLinkAbout08-04-03~,, ~ . CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 2003 A complete video tape 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 Bellows, WuIfF, Rieb and. Mayor Johnson. Absent: Council Member Luick. 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 July 21, 2003 City Council meeting were approved as presented.. The minutes of the July 23, 2003 Council work session were approved with one correction (deletion) on Page 2. SPOTLIGHT ON BUSINESS Economic Development Commission member Tom Smith introduced Fran Caulfield, Service Center Manager for Parker Hannifin Corporation. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided additional information for Agenda Item 10, conditional use permit for Cloverleaf Cold Storage. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the July monthly report of the Operations & Maintenance Department. U CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 2003 .PAGE 2 PRESENTATIONS/INTRODUCTIONS Chief Martens introduced .Investigator Mike Sheady, who was recently promoted. Chief Martens also introduced Police Officer Nic Stevens. Mayor Johnson administered the oath of ofFce to Officer Stevens. CITIZENS' COMMENTS None CONSENT AGENDA Council members added Item 9 to the consent agenda. 03.83 Motion was made by Wulff, seconded by Rieb to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: • Planning .Commission, July 17, 2003 •3 Parks, Recreation & Natural Resources Committee, July 16, 2003 • Lakeville Area Arts Center Board, July 10, 2003 c. Resolution No. 03-130 accepting donations to the Bike Safety and Senior Safety Camps. d. Resolution No. 03-131 authorizing execution of grant agreement with the Minnesota Department of Public Safety for'~Safe & Sober Communities". e. Final acceptance of public utilities in Hosanna. 2nd Addition. f. Special assessment agreements; Resolution No. 03-132 approving plans and specifications; and First Amendment to Development Contract for Village Creek Znd Addition to accommodate the installation of .sanitary sewer on Hamburg Avenue, Improvement Project 03-06. C. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 2003 PAGE 3 g. Temporary Easement with Frontier Communications for Dodd Boulevard reconstruction, Improvement Project 02-14. h. Resolution No. 03-133 supporting Dakota County's 2004-2008 Capital Improvement Plan. i. Authorize WSB & Associates to prepare preliminary design for trunk sanitary sewer and Jacquard. Avenue extension for Lakeville High School No. 2. j. Resolution No. 03-134 calling public hearing on the certification. of delinquent utility accounts. k. Fire Relief Minimum Municipal Contribution, 2004 tax levy. L Resolution No. 03-135 authorizing the sale of forfeited vehicles. m. Agreement with Retailers :Protection Association for participation in a check diversion program. • n. Three-year extension of a special home occupation permit to allow the operation of a hair salon business at 9286 - 178t" Street W. o. Resolution No. 03-136 approving final plat of Lone Tree Point. p. Resolution No. 03-137 accepting donation from Great Western Supply/Progressive Rail to the Parks & Recreation .Department. q. Resolution No. 03-138 accepting donation from Watkins Family Chiropractic. to the Parks & Recreation Department. r. Resolution No. 03-139 accepting donation from Terra Products to the Parks & Recreation Department. s. Resolution No, 03-140 receiving bids and awarding .contract for Village Creek Park/Greenway Trail, Improvement Project 03-07. t. First Amendment to Development Contract for Lakeville High School No. 2. • 9. Resolution No. 03-141 approving the final plat of Fox Meadows 2na Addition. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 2003 PAGE 4 Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb. ITEM 10 Bill Feiges, representing CCS Realty Co. (d.b.a. Cloverleaf Cold Storage), requested Council approval of a conditional use permit to allow the construction of a freezer storage addition onto the former Merillat facility, located at 21775 Cedar Avenue. Mr. Mullenbach explained that representatives of Cloverleaf Cold Storage are proposing to acquire and redevelop the former Merillat facility into a freezer and dry storage/warehouse facility. The applicants are proposing to remove the front portion of the. facility and construct a 124,000 square foot freezer storage addition in its place. The .existing rear warehouse portion would be maintained for dry. storage. A potential second phase of construction would add 75,000 square feet of freezer storage space. Mr. Mullenbach explained that the City's zoning ordinance includes a provision to allow buildings to have greater than 50% of its exterior elevations to be • finished .with exposed steel wall panels by conditional use permit. The proposed steel panels .will be painted a sandstone color, and the existing dry storage building will be re-painted a color to match or compliment the sandstone-colored steel panels. The Planning Commission held a public hearing on the conditional use permit request and recommended approval subject to the stipulations listed in the July 11, 2003 planning report as amended by the Planning Commission. Staff is recommending an additional stipulation requiring the $1,811.70 Cedar Avenue assessment and a $40,000 security to be collected prior to issuance of a building permit to guarantee installation of the required infiltration area, berming and .landscaping. Mr. Erickson asked the City Council to consider an additional stipulation (h) to address .concerns raised. by the owner of Ryt-Way Foods regarding the storage and/or parking of rail cars adjacent to the building. Stipulation (h) reads, "Storage and/or parking of rail cars on the rail. siding located on the property shall be limited to those being used in conjunction with the principal use of the building." Mr. Feiges stated they cannot support the proposed stipulation (h), as the • railroad has an easement to the site, and the railroad. controls the easement. He stated what the railroad does with the tracks is .beyond CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 2003 PAGE S their control. He pointed out that there are two exits on the Ryt-Way Foods property. The City Attorney stated the easement document would be reviewed to determine whether the railroad has control over the easement .and whether Cloverleaf Cold Storage can enforce the proposed stipulation. Council Member Rieb asked for clarification as to who has control over the railroad easement and why, if he easement is owned by Progressive Rail, is the condition being placed on a conditional use permit for Cloverleaf Cold Storage. Mr. Erickson explained that the conditional use permit is tied to the property, and the best way to rectify the problem is through this stipulation. He stated this is consistent with the City's long-standing practice of using a conditional use permit to address these types of unique issues. Council Member Rieb asked if the railroad tracks are located on the • Cloverleaf Cold Storage properly. Mr. Erickson stated they are located within an easement between the Cloverleaf property and the Ryt-Way Foods property; however, the City Attorney. needs to clarify how the easement reads. Mr. Knutson :stated the City is not asking the applicant to do something that is out of their control .Council Member Wulff asked if language in stipulation (h) should be changed to reflect the fact that the easement needs to be reviewed by the .City Attorney before it can be enforced by Cloverleaf Cold Storage. Mr. Erickson stated there is no hardship being created for the applicant by the addition of this stipulation, as the City is the entity that needs to enforce it. However, he stated stipulation (h) can be removed from the document if the City-Attorney determines, after reviewing the easement,. that it is not legally enforceable by the applicant. The other option would be to table this item to a later date. Mr. Feiges requested the Council proceed with approval of the conditional use permit as recommended by the City Administrator. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 4, 2003 - PAGE 6 03.84 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 for Cloverleaf Cold Storage to allow a building expansion using steel wall panels at 21775 Cedar Avenue, with the addition of Stipulation (h) subject to wording to be provided by the City Attorney consistent with our discussion. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Bellows. ITEM 11 Jennifer Wagner requested Council approval of the preliminary and final plat of Wagners View, located at 19019 Orchard Trail. Mr. Dempsey presented the preliminary and final plat of Wagners View, which consists of one single-family lot on one block. The properly is being platted in order to combine two metes and bounds parcels, remove the property line between the parcels and allow for the construction of a new single-family home. The existing house will be removed. Mr. • Dempsey explained that the properties are located in Sections 13 and 24, Range. 21. Dakota County will not combine metes and bounds parcels that are located in two different sections. The Planning Commission held a public hearing and unanimously recommended approval. 03.85 Motion was made by Bellows, seconded by Rieb to approve Resolution No. 03-142 approving the `preliminary and final plat of Wagners View. Roll call was taken on the motion. Ayes, Wulff, Rieb, Bellows, Johnson. ITEM 12 Mr. Morey presented a proposed ordinance amendment concerning transient merchant sales. He .explained that the City currently restricts outdoor produce sales to property on which the produce was grown. However, that restriction conflicts with State Statues, which requires cities to allow for produce stands. The Planning Commission reviewed the ordinance. amendment and unanimously recommended approval. 03.86 Motion was made by Wulff, seconded by Bellows to adopt. Ordinance No. 741 amending Title 11 of the Lakeville City Code concerning .transient. merchants. CITY OF LAKEVILLE COUNCIL 11~IEETING AUGUST 4, 2003 PAGE 7 i Roll call was taken on the motion. Ayes, Rieb, Bellows, Johnson, Wulff. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS. Next regular Council meeting, August 18, 2003 National Night Out, .August 5, 2003 Mayor Johnson adjourned the meeting at 8:10 p.m. Respectfully submitted, ~ ~ ,~ Charlene Friedges, City~erk • Robert D. Johns ,Mayor •