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HomeMy WebLinkAbout06-20-05 '4 ~ CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 2005 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, Wulff, Luick and .Mayor Johnson. Absent: Council Member Rieb. Also present: S. Mielke, 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; Captain Vonhof, Police Department; D. Volk, Director of Operations & Maintenance; D. Morey, Director of Planning; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the June 6, 2005 City Council meeting and the May 7, May 23 and June 6 Council work sessions were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None PARKS & RECREATION DIRECTOR: Mr. Michaud presented the May monthly report of the Parks & Recreation Department. Council Member Bellows asked what, if anything, is being done to improve the parking situation at Antlers Park, particularly with respect to access for emergency vehicles. Mr. Michaud stated staff is aware that the park is exceeding capacity on weekends and holidays, forcing vehicles to park in the neighborhoods. Staff is considering options to control attendance and parking. POLICE CHIEF: Captain Vonhof presented the May Police Department monthly report. CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 2005 Page 2 PRESENTATIONS/INTRODUC'TIONS On behalf of the Police Department's Crime Prevention Program, Captain Vonhof asked the City Council to proclaim August 2, 2005 as National Night Out in Lakeville. Council Member Luick read the proclamation. Pan-O-Prog President. Dave Litzinger provided an overview of the 2005 Panorama of Progress events. CITIZENS' COMMENTS Jack Cole, 25900 Highview Avenue, Lakeville, asked for a response to questions he raised at the June 6~' Council meeting regarding the Dodd Marsh Highlands land. transactions. He requested an opportunity to either comment after the City Attorney's response this evening or to meet with the Council and staff regarding additional information he has with respect to land transactions made by the City. City Attorney Roger Knutson presented a report that was prepared in response to comments and a letter presented by Jack Cole at the June 6, 2005 City Council meeting regarding a certain development. Based upon the analysis by the City's Finance Department, which was reviewed in detail by the City Attorney's office, and all documents pertinent to the transaction in question, Mr. Knutson concluded that no money was wasted, and there was no misuse of taxpayer dollars. He explained that .out of the 45.61 acres purchased by the City, approximately 37 acres remain under public ownership and are being used currently for roads, trails, wetlands, a well site and other public purposes. He explained that Mr. Cole's analysis did not take into consideration that Dodd Boulevard right of way acquisition included the cost of two homes, which had to be demolished. The purchase and sale of the property was, in every respect, consistent with appraised values and city policies. Mr. Knutson pointed out an error in his report. Aland purchase price of $867,000, which was taken from Mr. Cole's information, was incorrect. The land purchase price was actually $948,000. Mayor Johnson stated that this information and all supporting documents are public information and available to the public at City Hall. In light of the fact that no misuse of taxpayer .dollars has been found, City staff will be directed to not spend additional staff time researching further allegations. In response to Mr. Cole's request to form a citizen committee, Mayor Johnson stated the Council feels it is not necessary at this time. CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 2005 Page 3 CONSENT AGENDA Council Members added Item 9 to the consent agenda. 05.54 Motion was made by Luick, seconded by Bellows, to approve the consent agenda items as follows: a. Claims for payment. b. May Investment Report. c. Receive minutes of the June 2, 2005 Planning Commission meeting and the June 1, 2005 Parks, Recreation & Natural Resources Committee. meeting. d. Resolution No. 05-85 acknowledging receipt of Lakeville Arenas 2005- 2006 budget. e. Final acceptance of utility improvements in Spyglass 2"d Addition. f. Resolution No. 05-86 vacating a portion of a public drainage and utility easement at 19823 Iteri Place. g. Resolution No. 05-87 vacating a portion of a public drainage and utility easement at 16411 Kingswood Drive. h. Resolution No. 05-88 approving the final plat of Quail Ridge. i. Receive bids and approve Resolution No. 05-89 calling a special assessment hearing for Appaloosa Farms sewer and water, Improvement Project 04-10. j. Change Order #5 with Progressive Contractors, Inc. for traffic. signals at Kenrick/Junelle/175' Street, Improvement Project 02-07. k. Resolution No. 05-90 adopting the National Incident Management System (NIMS). I. Resolution No. 05-91 authorizing temporary closing of city streets for Pan-O-frog events. CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 2005 Page 4 m. Extension of on-sale liquor license for Babe's Sportsbar & Grill to allow the sale of alcoholic beverages and live entertainment in the fenced-in parking lot on July 8-9, 2005. n. Agreement with Dunbar Armored, Inc. for armored car service. for the liquor stores. o. Resolution No. 05-92 amending position classification and pay plan for exempt and non-exempt positions and setting forth the policy for administration of the pay plan. p. Ninety-day leave of absence for Investigator Mark Holden. q. Resolution No. 05-93 amending non-exempt liquor stores .position salary structure. r. Receive off-sale 3.2 beer license application from Rainbow Foods and call public hearing to be held on July 18, 2005. s. Receive on-sale and Sunday liquor license application from Copper Bleu, LLC, and call a public hearing to be held on July 18, 2005. t. Corrected Ordinance No. 784 amending Title 3, Chapter 1 of the Lakeville City Code concerning alcoholic beverages. u. Set a Council work session to be held on Monday, June 27, 2005, at 5:00 p.m. v. Resolution. No. 05-94 requesting parking restrictions on 202nd Street between Highview Avenue and Hamburg Avenue. w. Gambling permit for the Minnesota Ovarian Cancer Alliance to hold a raffle at Brackett's Crossing Country Club on July 17, 2005. x. Resolution No. 05-95 accepting Fourth of July fireworks donations. y. Resolution No. 05-96 authorizing the Lakeville Police Department to enter into a grant agreement with the Dakota County Traffic Safety Group. z. Contract with Wold Architects for the Police Department Space Needs Study. CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 2005 Page 5 i aa. Resolutions No, 05-97, 05-98 and 05-99 amending the 2005 Water Operating Fund, 2005 Sanitary Sewer Operating Fund and 2005 Surface Water Management Fund Budgets. 9. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit for Designed Cabinets to allow two principal buildings on one parcel located at 7965 - 215th Street and Resolution No. 05-100 vacating a .public drainage and utility easement. Roil call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Luick. ITEM 8 Fire Chief Scott Nelson reported that on May 31, 2005, Renaissance Fireworks, Inc. filed three license applications for outdoor retail sale of fireworks. The licenses were denied in a letter from Chief Nelson dated June 6, 2005.. Lakeville City Code 3-13-8 prohibits transient merchants unless they operate within a building. Denial was also based on non- compliance with zoning ordinance requirements. He explained that Renaissance Fireworks has submitted an appeal to the license denial. Brian Alton, Attorney representing Renaissance Fireworks, Inc. presented the basis for the appeal, stating Minnesota Statutes prohibits municipalities from. restricting the transient sale of fireworks. He pointed out that Lakeville's ordinance does allow outdoor transient sales, and he feels that outdoor fireworks sales fall within that ordinance. He stated they also feel they can comply with the city's zoning ordinance requirements. Mr. Knutson stated the City's ordinance does not single out fireworks sales. Transient merchants are prohibited in the City of Lakeville with the following exceptions: transient merchants operating within a building; the sale of plants, flowers or Christmas trees; and persons selling farm or garden products. The requirement that fireworks sales occur in a building is applicable to the sale of all merchandise by transient merchants. 05.55 Motion was made by Luick, seconded by Wulff to adopt the Findings of Fact and Decision and sustain denial of three license applications from Renaissance Fireworks, Inc. for the retail sale of fireworks. i Roll call was taken on the motion. Ayes, Johnson, Wulff, Luick, Bellows. CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 2005 Page 6 • ITEM 10 Mr. Morey presented the Spirit of Brandtjen Farm, located north of 170"' Street, east of Pilot Knob Road and south of 160t" Street. The developer, Tradition Development, is requesting a comprehensive plan amendment to modify the staged MUSA Expansion Area Map, an ordinance rezoning property from RS-3, single-family residential district, to PUD, Planned Unit Development District, a preliminary plat and Development Stage Planned Unit Development, and an agreement for site grading and sanitary sewer and watermain improvements. He explained that the overall Spirit of Brandtjen Farm PUD will consist of up to 2,109 residential dwellings and 150,000 square feet of commercial uses on 548 acres of land. The project will be developed in multiple phases over roughly a 10-year period. He stated the developer is also requesting to grade the site and install sanitary sewer and watermain prior to final plat. Mr. Rob Wachholz, Tradition Development, provided a detailed overview. of the Spirit of Brandtjen Farm project, including the renovation of the dairy barn into a community center for the Brandtjen Farm .PUD. The proposed development is a multiple phase, mixed use subdivision. .The first phase will consist of 130 single-family lots, five lots comprising the Farmstead Preservation Area, which includes the home and dairy barn of the historic Brandtjen family farm, and 28 outlots. The project includes 75 acres of public park land within the 548 acre PUD area, and. approximately 32 miles of trails and sidewalks. There is also 37 acres of created infiltration and N.U.R.P. water features (not including East Lake), for a total open space area of 28.3 percent of the subject property. Planning Commission Chair Kerrin Swecker stated that over the past 2-~/2 years, the Planning Commission has held eight work sessions and. spent numerous planning hours reviewing this project. They toured the Brandtjen Farm property, as well as developments in other cities with similar design elements. She stated the Planning Commission was extremely focused to assure that the spirit of the City's ordinances were being met with respect to transportation, PUD and land use, and park and open space issues. The Planning Commission is very comfortable recommending a Planned .Unit Development zoning for the Spirit of Brandtjen Farm. Dan Licht of Northwest Associated Consultants presented the planning report. He explained that the main focus in the planning process was to insure that the developer's vision for this project is consistent with the CITY OF LAKEVILLE COUNCIL MEETING JCJNE 20, 2005 Page 7 • City's goals as laid out in its Comprehensive Plan. The Comprehensive Plan itself establishes the general framework for the project in terms of land use types. The northern portion of the property is consistent with the PUD district established for Nordic Square in the 1970's, with a mix of single family, medium and high density residential, as well as commercial uses. The southern portion of the property is guided entirely for low density residential use. When combining the intent. of the Comprehensive Plan for the Nordic Square development and the low density uses to the south, a maximum density of 2,109 dwelling units throughout the entire project is reached. He explained that each phase of the project will be reviewed by the Planning Commission and City Council to insure that there is consistency with the overall goals for the project, as well as compatibility between the different phases of the project. Mr. Licht explained that, in terms of staging, the developer is proposing to start at the southern portion of the site on the Brandtjen property. However, this property is not proposed for MUSA expansion until the year 2010. The northern portion currently consists of gravel mining activities, which are set to expire in 2008 and 2010. The developer has proposed, as part of the Comprehensive Plan amendment, a one to one exchange of .land within the project area, shifting 2005 MUSA land to the southern portion of the property and shifting the 2010 MUSA area to the north to better coincide .with termination of the mining activities. The Planning Commission and staff feel the .land exchange is appropriate and are recommending approval, subject to Metropolitan Council approval. 05.56 Motion was made by Luick, seconded by Wulff to receive the Planning Commission's Findings of Fact and Recommendation and approve the following for the Spirit of Brandtjen Farm: ? .Comprehensive Plan amendment to modify the Staged MUSA Expansion Area Map ? Ordinance No. 787 rezoning property from RS-3, single-family residential district, to PUD, Planned Unit Development district ? Preliminary plat and development stage planned unit development of 130 single-family lots and five farmstead preservation lots ? Agreement with SBF Development Corp. for site grading and sanitary sewer improvements Roll call was taken on the motion. Ayes, Wulff, Luick, Bellows, ]ohnson. CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 2005 Page 8 ITEM 11 Mr. Morey presented a sketch plan for the Winkler properly, (a/k/a Spirit of Brandtjen Farm 2nd Addition), which proposes 39 single family lots and 52 row townhouse units on approximately 40 acres of land located north of 170t" Street, east of Pilot Knob Road and south and west of the Spirit of Brandtjen Farm preliminary plat. The developer is acquiring the Winkler properly and incorporating it into the Spirit of Brandtjen Farm PUD in order to achieve a unified overall development. He explained that the developer is requesting City Council approval to grade and install sanitary sewer and watermain in conjunction with the Spirit of Brandtjen Farm preliminary plat.. The sanitary sewer line must be extended from the west side of the Winkler property to serve the Spirit of Brandtjen Farm preliminary plat. The Winkler property sketch plan identifies the location of the sanitary sewer and watermain improvements, and approval of the sketch plan is needed to accommodate the developer's request to grade the Spirit of Brandtjen Farm preliminary plat. The Planning. Commission recommended approval of the Winkler property sketch plan, subject to five stipulations. The developer has revised the sketch plan to address the Planning Commission's concerns regarding guest parking for the townhouse units. Mr. Wachholz explained that the acquisition of the Winkler property was essential in terms of infrastructure and the extension of utilities through the Winkler property to serve the Spirit of Brandtjen Farm development. He stated the Winkler property will incorporate the amenities and design standards of the Spirit of Brandtjen Farm. Mr. Licht provided a detailed overview of the Winkler properly sketch plan, which will follow the same development standards as the Spirit of Brandtjen Farm. This 40-acre parcel is within the current MUSA and is eligible for immediate development. 05.57 Motion was made by Wulff, seconded by Bellows to approve the Winkler property sketch plan of 39 single-family lots and 52 attached townhouse units located north of 170t" Street, east of Pilot Knob Road and south and west of the Spirit of Brandtjen Farm preliminary plat, subject to the five stipulations listed in the May 27, 2005 planning report. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff. UNFINISHED BUSINESS None CITY OF LAKEVILLE COUNCIL MEETING JUNE 20, 2005 Page 9 NEW BUSINESS Mr. Mielke stated he may be asking the council members to take action, at their June 27m Work Session, on a matter involving employee insurance. ANNOUNCEMENTS Next regular Council meeting, Tuesday, July 5, 2005 Mayor Johnson adjourned the meeting at 9:12 p.m. Respectfully submitted, Charlene Friedges, Ci erk Robert. .Johns ,Mayor