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Home My WebLink About05-05-03CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2003 A comp/ete 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,luick, Rieb, WuIfP 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; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Morey, Planning Director; R. Mullenbach, Associate Planner; D. Volk, Director of Operations & Maintenance; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the April 21, 2003 City Council meeting were approved with one correction on Page 2, paragraph one. The words °and rental" were added. SPOTLIGHT ON BUSINESS Dave Olson, Community & Economic Development Director, introduced the business spotlight, Cedar 70 Limited Partnership and Scott I_aFavre, President of Equity Holdings, LLC. Mr. Olson provided information on Cedar 70 Limited Partnership, which provides commercial/industrial rental space at the southwest corner of Cedar Avenue and County Road 70. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson provided an engineering project update. ADMINISTRATOR: Mr. Erickson provided two amendments to the development agreement for Gander Mountain, Agenda Item 9. CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2003 PAGE 2 • DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the April monthly report of the Operations & Maintenance Department. PRESENTATIONS/INTRODUCTIONS Mr. Volk asked the City Council to proclaim May 3-10 National Drinking Water Week. Council Member Luick read the proclamation. Chief Martens asked the City Council to proclaim Safe & Sober May Mobilization. Council Member Rieb read the proclamation. Keith Nelson introduced Ann Messerschmidt, Environmental Resources Technician. Council Member Luick presented a plaque to Thomas Walkington for dedicated service to the Black Dog Watershed Management Commission from June 2000 to December 2002. Todd Bornhauser and Jeanne Britton, representing the Lakeville Area Chamber of Commerce and Convention and Visitors Bureau, requested the City Council proclaim the week of May 12-18 National Tourism Week in Lakeville. Council Member Wulff read the proclamation. CITIZENS' COMMENTS None CONSENT AGENDA Council members added Item 12 to the consent agenda. 03.54 Motion was made by Rieb, seconded by Wulff to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the April 17, 2003 Planning Commission and the April 22, 2003 Economic Development Commission meetings. c. .Resolution No. 03-74 accepting donation from VFW Post 210 to the DARE Program. n f~J CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2003 PAGE 3 • d. Conditional Use Permit, Interim Use Permit and Parking Deferment Agreement Amendment to allow the release of documents recorded against properly located at 19740 Kenrick Avenue. e. Resolution No. 03-75 authorizing submittal of grant applications to the Minnesota Department of Natural Resources for cross-country ski trail and snowmobile trail programs. Resolution No. 03-76 authorizing temporary pedestrian crossings at Holyoke Avenue and 208t" Street. g. Special Assessment Agreement with Pedro Molina and Shelle M. Casmey, 11065 - 181 Street W. h. Encroachment Agreement with Dakota County Community Development Agency for the Main Street Manor clock. i. Receive petition and approve Resolution No. 03-77 authorizing preparation of a feasibility report for Hamburg Avenue sanitary sewer • extension, Improvement Project 03-06. j. Joint Powers Agreement with Dakota County for the Wetland Health Evaluation Program. 12. Conditional use permit amendment to allow the expansion. of an existing non-conforming single-family dwelling located at 17401 Kodiak Avenue. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 9 Dennis Crowe of Oppidan, Inc. provided an overview of the Gander Mountain project and requested Council approval of the preliminary and final plat of one lot and two outlots. Mr. Mullenbach presented the staff report for the proposed 86,000 square foot Gander Mountain store located along the west side of Kenyon Avenue, north of HOM Furniture. In conjunction with this project, he explained that the developer is requesting approval of the preliminary and final plat and the vacation of a public roadway, drainage and utility easement. Mr. Mullenbach CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2003 PAGE 4 • stated there is an outlot for future development between the Gander Mountain site and HOM Furniture, which is owned by HOM Furniture. The wetland along Kenyon Avenue has been preserved .and will be used as a focal point at the entryway to Gander Mountain. A driveway access on the south side of the property will be used for truck traffic, and the driveway on the north side of the property will be used mostly by customers driving recreational vehicles. Additional parking will be provided for those vehicles. Mr. Mullenbach stated there is significant landscaping proposed along the west property line, and landscaping will be installed along Kenyon Avenue, consistent with existing plantings on the HOM Furniture property. The Planning Commission held a public hearing on the preliminary and final plat of Gander Mountain and recommended approval subject to 17 stipulations listed in the planning report. Staff recommends approval 03.55 Motion was made by Luick, seconded by Rieb to approve. Resolution No. 03- 78 approving the preliminary and final .plat of Gander Mountain; and Resolution No. 03-79 vacating a public easement. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 10 Mr. Morey presented an ordinance amending Title li of the Lakeville City Code concerning the construction of decks. He explained that the existing. ordinance language allows decks constructed to the height of the ground floor level of the house to encroach to within five feet of a side lot line and 10 feet of a rear lot line. Staff and the Planning Commission reviewed this language and felt that some decks on walkout houses could be elevated six or more feet above the ground at the reduced setback, which does not meet the spirit and intent of the ordinance. The Planning Commission agreed to a grandfather provision that would allow decks constructed. prior to City council approval of the Zoning Ordinance revisions (March 17, 2003) to remain or be reconstructed utilizing the current reduced setback provision. However, the Building Inspections staff has received deck permit applications that they have reviewed using the new ordinance language, which staff has. determined could cause homeowners to have difficulty constructing. a deck onto their existing houses under the new ordinance language. and could result in two different deck setback requirements being applied in the same • subdivision. Staff is recommending that approved preliminary plats and lots of record be allowed to utilize the deck setback requirements existing prior to CITY OF LAKEVILLE COUNCIL MEETING MAY 5, 2003 PAGE 5 • City Council adoption of the zoning ordinance amendment on March 17, 2003. 03.56 Motion was made by Rieb, seconded by Bellows to adopt Ordinance No. 739 amending Title it of the Lakeville City Code. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 11 03.57 Motion was made by Rieb, seconded by Bellows to adopt a summary of Ordinances No. 730, 731, 732, 737 and 739. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. UNFINISHED BUSINESS None • NEW BUSINESS Mr. Erickson provided information regarding the House Tax Bill. including the loss of LGA, reductions in MVHC and the Governor's Levy Limit Proposal. He explained the adverse impacts this proposed bill will have on the City of Lakeville which includes the elimination of the Implicit Price Index. ANNOUNCEMENTS Next regular Council meeting, May 19, 2003 Mayor Johnson adjourned the meeting at 8:30 p.m. Charlene Friedges, Respectfully submitted,