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HomeMy WebLinkAbout09-16-02~. '`_ CITY OF LAKEVILLE COUNCIL MEETING .SEPTEMBER 16, 2002 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 piedge of allegiance to the flag was. given. Roll call was taken. Present: Council Members Bellows, Rieb, Luick and Mayor Johnson: Absent: Council Member Mulvihill. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Feller, Finance Director; S. Michaud, ,Parks. & Recreation Director; D. Olson, Community & Economic Development Director; D. Martens, Chief of Police; D. Morey, .Planning Director;. D. Volk, .Director of Operations & Maintenance; 1. Hennen, Assistant to City Administrator; C. Fr-iedges, City Clerk. • MINUTES The minutes of the September 3, 2002 City Council meeting were approved as presented. SPOTLIGHT ON BUSINESS Economic Development Commission member Barry Pogatchnik introduced Ron Theis, Manager of Super 8 Motel Council Member Mulvihill arrived. STAFF. ANNOUNCEMENTS ATTORNEY None ENGINEER None ADMINISTRATOR Mr. Erickson asked the City Council to table agenda Item 16. CHIEF OF POLICE Chief Martens presented. the August Police Department monthly report. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 2 PARKS & RECREATION DIRECTOR Mr. Michaud presented the August monthly report. of the Parks & Recreation Department. PRESENTATIONS/INTRODUCTIONS Arts Center Coordinator Jim Urie presented information on upcoming events at the Lakeville Area Arts Center. .Pete Martin introduced cast members of Giant Step Theatre's production of Pinocchio. Representatives of the Dakota Valley Symphony introduced the upcoming symphony season; and representatives of Applause Community Theatre presented its upcoming season at the Lakeville Area Arts Center. Mayor Johnson honored the 16-year old Babe Ruth Baseball Team. for its outstanding accomplishment, earning the second-place trophy in the recent Babe Ruth World Series held in Russellville, Arkansas. CITIZENS' COMMENTS None CONSENT AGENDA Council members added Item 16 to the consent agenda. 02.116 Motion was made by Mulvihill, seconded by Luick to approve the consent agenda items as follows: a. Claims for payment. b. August Investment Report. c. Receive minutes of the following advisory committee meetings: Parks, Recreation & Natural Resources Committee, September 4, 2002 Lakeville Area Arts Center Advisory Board, September 5, 2002 Planning Commission,. September 5, 2002 Economic Development Commission, August 27, 2002 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 3 • d. Agreement with Administration Resources Corporation for Flexible Spending Account Administration Services. e. Resolution No. 02-180 accepting donation of $500 from Wells Fargo for the 2002 Safety Camp. f. Final acceptance of utility and street improvements, Lakeville Family Housing Second Addition. g. Receive application of Wilkus Pizza Company, Inc. (d.b.a. Carbones Pizzaria) for an on-sale and Sunday liquor license at 7670 West 160t" Street, and call a public hearing to be held on October 21, 2002. h. Conditional use permit amendment for Minnesota Valley Free Lutheran Church to allow the construction of an addition to the existing church building, located at 16075 Highview Avenue. ~, i. Certificate. of Plat Correction for Timbercrest At Lakeville. j. .Senior Citizen Assessment Deferment for Dorraine Dircks, 20835 Holiday Avenue.. k. Agreements with Minnesota Department of Natural Resources for Snowmobile Trail Maintenance Funding. I. Resolution No. 02-181 approving Malmberg & Bond Associates Wetland Replacement and Wetland Banking Application. m. Resolution No. 02-182 .approving a gambling permit for Bloomington .Lions Club.. 16. Table consideration of the Prairie Lake subdivision. Roll call was taken on the motion. Ayes, Bellows, 7ohnson, Mulvihill, Rieb, Luick. ITEM 9 Mr. Feller presented the proposed 2003-2004 budget. (See CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 4 budget narrative dated September 12, 2002, on file in the City Clerk's office) Mr. Erickson provided .additional highlights of the proposed .2003/2004 Budget. 02.117 Motion was made by Luick, seconded by Mulvihill to approve the following budget documents:. Resolution No. 02-183 adopting the preliminary 2003 General Fund Budget. Resolution No, 02-184 adopting the preliminary 2003 Cable TV Fund Budget. Resolution No. 02-185 adopting the preliminary 2003 Environmental Recycling Fund Budget. Resolution No. 02-186 adopting the preliminary 2003 Employee Benefit Fund B udget. Resolution No. 02-187 adopting the preliminary 2003 GIS Fund Budget. Resolution No. 02-188 adopting the preliminary 2003 Surface Water Management,Utility Fund Budget. Resolution No. 02-189 adopting the preliminary 2003 E-911 fund Budget. Resolution No. 02-190 adopting the preliminary 2003 Economic Development Revolving Loan Fund. Budget. Resolution No. 02-19T adopting the preliminary 2003 Municipal Reserves Fund. Budget. Resolution No. 02-192 adopting he preliminary 2003 Equipment Fund Budget. .Resolution No. 02-193 .adopting the preliminary 2003 Building Fund Budget.. Resolution No. 02-194 adopting the preliminary 2003 Liquor Fund Budget. Resolution No. 02-195 adopting the preliminary 2003 Water Operating Fund Budget. Resolution No. 02-196 adopting the preliminary 2003 Sanitary Sewer Operating Fund Budget. Resolution No. 02-197 adopting the preliminary 2003 payable tax levy. Resolution No. 02-198 setting budget hearing dates. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 5 Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. ITEM 10 Victor Sacco, Holiday Companies, Inc., requested Council approval of a conditional use permit to allow the construction and operation of a convenience store with motor fuel sales and automatic car. wash. located in the southwest corner of 160t" Street and Garrett. Path. Mr. Dempsey presented. the conditional use permit request. He explained that the property would be administratively subdivided to also allow the construction of a new Provincial Bank with drive- up service. The bank facility is a permitted use that is subject to administrative site plan and building permit review. Mr. Dempsey explained that the City Council approved the final plat of Dakota Plaza Second Addition in 1995. The lot was platted for. development of a full service restaurant (Ole Piper). Since that time, the owner of Ole Piper has decided not to relocate the restaurant from its current location at Cedar Avenue and 167t" Street. The Planning Commission held a public hearing on the conditional use permit request. Concerns were raised at the public hearing by an Apple Valley resident, and a letter was submitted by the City of Apple Valley, which raised a number of concerns. The Planning Commission unanimously recommended approval of the ..conditional use permit for Holiday Companies, subject to 18 stipulations listed in the planning report and the addition of Stipulation 19. The additional stipulation requires a wood fence as a screening material for the condensers on the west side of the building instead of a chain link fence with slats as previously identified.: Council Member Mulvihill asked if the Planning Commission addressed the resident's concern regarding vacuum cleaner and speaker noise. Mr. Dempsey explained. that the City's ordinance contains various controls. that address these concerns. He .pointed out that the noise from the vacuum cleaner would be off-set by other noise from the environment, particularly traffic along County Road 46. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 6 • Council Member Bellows asked about the process in Holiday stores choosing this particular location. Mr. Sacco explained that .they feel. access will be very good at this location. The previous fuel station at County Road 46 and Cedar Avenue did not have sufficient access or traffic control signals. Mr. Sacco explained that. in choosing this site, they took into consideration the recent extension of County Road 46 to the east and the residential growth in the area. 02.118 Motion was made by Rieb, seconded by Mulvihill to accept the Planning Commission's .Findings of Fact and Recommendation and approve a conditional use permit to allow the construction and operation of a convenience store with motor fuel sales and automatic car wash (Holiday Stationstore), located in the southwest corner of 160t" Street and Garrett Path. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. • ITEM 11 Mr. Olson presented a proposed Community Development Block Grant (CDBG) Agreement with J & J Holdings for the Ben Franklin building. He explained. that the Downtown Code Improvement Program requires that public funds be matched with private funds on a 1:1 ratio or greater. The owners have received three bids for the project, all of which are $140,000 or greater. All three. bids meet the requirements. of the CDBG program. A maximum of $70,000 in CDBG Downtown Code Improvement Program funds would be provided to address the code issues and subsequently required renovation of the Ben Franklin fagade. Funds would be provided on a reimbursement basis once the entire project is completed. Mr. Olson explained that staff is working with the owners of the Ben Franklin business, Scott and Cindi Erickson, on new signage for the building, as the current wail signage cannot be accommodated on the proposed new building design. .Since the existing signage is part of the overall code improvements .being made to the building, staff is recommending additional CDBG assistance not to exceed .$5,000 to assist with the installation of new signage. The Ericksons are in the process of obtaining CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 7 • proposals for the installation of new signage. The project is anticipated to be completed by December 31,.2002. 02.119 Motion was made by Mulvihill, seconded by Rieb to approve a Community Development Block Grant Agreement with J & J Holdings for the Ben Franklin building; and authorize up to $5,000 in additional CDBG assistance for wall signage that is consistent with the Historic Fairfield District of .Downtown Lakeville Design Guidelines. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill. ITEM 12 Wayne Lamoreaux, Pioneer Engineering, requested Council approval of the preliminary and final plat of Shady Oak Grove. Mr. Morey presented the proposed preliminary and final plat, which consists of 21 single family lots and five outlots on 14.9 acres of land located south of 185t" Street and west of Ipava Avenue. Streets and utilities will be extended from the adjacent Spring Hill development into Shady Oak Grove. The developer is dedicating a 75-foot future .greenway trail corridor that will connect with the greenway trail corridor in the Spring Hill development. The Planning Commission unanimously recommended approval of the preliminary and final plat of Shady Oak Grove subject to 14 stipulations listed in the August 9, 2002 planning report. The Planning Commission amended Stipulation No. 11 to include a landscaping security for Lots 1 and 2, Block 1. Mayor Johnson asked about access. Mr. Morey stated access is off of Ipava Avenue through the Spring Hill development. 02.120 Motion was made by Luick, seconded by Bellows to approve Resolution No. 02-199 approving the preliminary and final plat of Shady Oak Grove. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 8 ITEM 13 Bruce Tschida requested Council approval of a conditional use permit amendment to allow an expansion of the Lake Marion Collision automobile repair facility located at 20120 Dodd Boulevard. Mr. Mullenbach presented the proposed conditional use permit amendment. He explained that the building was constructed in 1989 with. anon-conforming. side yard setback along the northern property line. Expansion of anon-conforming commercial building and expansion of a major automobile repair facility are. allowed by conditional use permit in the C-3 District. The applicant also requested a variance to allow construction of the proposed expansion consistent with the existing non-conforming side yard setback. The Planning Commission held a public hearing on the conditional use permit amendment and variance request. Concerns were. raised regarding the appropriateness of the variance.. After some discussion, the applicant agreed to withdraw the variance request and revise the plans so that the building expansion. meets the required 20-foot side yard setback. Thee Planning Commission recommended approval. of the conditional use permit amendment subject to 21 stipulations. 02.121 Motion was made by :Bellows, seconded by Rieb to accept the Planning Commission's Findings of .Fact and Recommendation and approve a conditional use permit amendment to allow an expansion of an existing non-conforming major automobile repair facility (Lake Marion Collision), located at 20120. Dodd Boulevard. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. ITEM 14 Ken Henk of Paster Enterprises, LLC, requested Council approval of a comprehensive .sign plan for Lakeville Crossing, located on Lot 10, Block 1 of the Cedar 160 Addition, and a variance to allow i more than one retail use to display a business sign on a single freestanding sign. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 9 Mr. -Morey presented the application of Paster Enterprises for a comprehensive sign plan for Lakeville Crossing, which is located near the Cedar Avenue and County Road 46 intersection. The comprehensive sign plan proposes wall signs for the individual tenants of the multi-tenant commercial building, as well as a freestanding sign. He explained that Paster Enterprises is also requesting a variance for the freestanding sign to allow four tenants to be identified on the freestanding sign. The Planning Commission did not support the variance for the freestanding sign, as it did not meet the hardship criteria outlined in the Findings of Fact as required by State .Statute and City Ordinance. The Planning Commission directed staff to review the sign ordinance to possibly allow more than one retail use in a multi- tenant. building to be identified on a freestanding sign. The Planning commission recommended approval of the comprehensive sign plan subject to two stipulations listed in the August 28, 2002 planning report. Council members agreed with the Planning Commission's recommendation to review the sign ordinance to possibly allow more than one tenant to be identified on a freestanding. sign. They were concerned with setting a precedent by granting the variance at this time. It was suggested that the owner could list the name of the. center at this time and add the tenant names if and whenthe sign ordinance is amended. 02.122 Motion was made by Luick, seconded by Mulvihill to approve a comprehensive sign plan for Lakeville-Crossing, located at 7660 160t" .Street West. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, .Luick, Bellows. 02.123 Motion was made by Luick, seconded by Rieb to approve a variance. to allow more than one retail use to display a business sign on a single freestanding sign at Lakeville Crossing, 7660.- 160t" Street West. Roll call was taken on the motion. Ayes, none. Nays, Mulvihill, Rieb; Luick, Bellows, Johnson. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 10 02.124 Motion was made by Luick, seconded by Rieb to accept the Planning Commission's Findings of Fact and Recommendation for denim of the variance. Roll call was taken on the motion.- Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. ITEM 15 ]im Connelly, representing Southfork Animal Hospital, requested Council approval of a condi ional use permit to allow the :construction of a veterinary clinic on property located west of Junelle Path and north of 175th Street. Mr. Mullenbach presented the proposed conditional use permit request. The project area includes an existing metes and bounds description parcel that is proposed to be administratively subdivided into two parcels. The Southfork Animal Hospital will be .located on thee. southerly parcel. The current owner will.: maintain the` northerly portion of the property. The two parcels will share a driveway to }unelle Path. Mr. Mullenbach explained that the project is exempt from the CSAH 50/I-35 .commercial moratorium, because the conditional use permit application was submitted prior to Council .action on the moratorium. The Planning Commission held a public hearing and recommended approval subject to nine stipulations. 02.125 Motion was .made by Bellows, seconded by Rieb to accept the - Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a veterinary clinic on property located west of Junelle Path and north of 175th Street. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill. ITEM 17 Wayne Lamoreaux requested Council approval of the preliminary and final play of Crystal. Knoll. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 11 Mr. Mullenbach presented the proposed preliminary and final. plat of Crystal Knoll, located west of Ipava Avenue and south of Innsbrook Drive. He stated the developer is also requesting the vacation of existing public easements in conjunction with the preliminary and final plat. The Planning Commission held a public hearing, and adjacent property owners raised concerns related to tree preservation. The developer has agreed to plant and/or transplant trees in the rear of Lot 2 to provide additional landscape screening for the existing homes to the south. The Planning Commission recommended approval subject to nine stipulations and the additional screening along the rear of Lot 2. 02.126 Motion was made by Rieb, seconded by Mulvihill to approve Resolution No. 02-200 approving the preliminary and final plat of Crystal Knoll.. and Resolution No. 02-201 vacating public street,. drainage and utility easements.. Roll call was taken on the motion.. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. NEW BUSINESS Mr. Erickson presented a letter regarding the Metropolitan Council Blueprint 2030 process. He asked for the Council's authorization to send the letter to 180 cities, encouraging their thorough review of the draft. plan material and active participation in the public comment process. 02.127 Motion was made by Mulvihill, seconded by Bellows to direct staff to send the letter dated September 16, 2002 regarding the Metropolitan Council Blueprint 2030 to 180 Metro Area Communities. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. 02.128 Motion was made by Bellows, seconded by Mulvihill to hold a Council work session on October 7, 2002 at 5:45 p.m. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, Luick, Bellows. v~ • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 16, 2002 PAGE 12 Mayor Johnson adjourned the meeting at 9:52 p.m. Respectfully submitted, harlene Friedges, ity Clerk ~. Robert D. J nson, Mav r •