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HomeMy WebLinkAbout05-24-04 CITY OF LAKEVILLE COUNCIL MEETING MAY 24, 2004 Mayor Johnson called the meeting to order at 4:30 p.m. The pledge of al egiance to the flag was given. Roll call was taken. Present: Council Members Bellows, Wulff, Rieb, Luick and Mayor Johnson. Also present: R. Knutson, City Attorney; R. Erickson, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; S. Strachan, Police Chief; D. Volk, Director of Operations & Maintenance; D. Morey, Planning Director; B. Anderson, Assistant to City Administrator; J. Hawkins, Deputy City Clerk. MINUTES The minutes of the May 13, 2004 Special City Council meeting were • approved as presented. CONSENT AGENDA 04.78 Motion was made by Luick, seconded by Rieb to approve the consent agenda items as follows: a. Receive minutes of the May 13, 2004 Planning Commission meeting. b. Resolution No. 04-106 approving the final plat of Spyglass 2~d Addition. c. Stipulation of Settlement between the City of Lakeville and Parcel I, Family of Christ Lutheran Church; and minor variance for parking setback and sign. height. d. Termination of Declaration of Restrictive Covenant involving the former Taco Bell property. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. i CITY OF LAKEVILLE COUNCIL MEETING MAY24, 2004 PAGE 2 • ITEM 4 Tip Enebak of Tradition Development thanked Council and staff for the cooperative efforts and .insight in helping the Brandtjen Farms development move forward to this phase. The mixed-use planned unit development is located between 160th Street and 170"' Street, east of Pilot Knob Road. City Council is being asked to review and approve the sketch plan prior to commencing work on the required Environmental Assessment Worksheet (EAW). Mr. Jake Enebak added that the restoration of this 520-acre site would include removal of a considerable amount of a valuable natural resource, gravel, in order to accommodate the asphalt plant until 2008. Mr. Enebak compared future plans for. this site to opportunities in other communities, such as the Centennial Lakes development in Edina. The historical perspective of the site's farmstead will be integrated into the development. Jake Enebak introduced Rob Wachholz, project manager. Mr. Wachholz stated that the combination of the Brandtjen Farm (south 200 acres) and Nordic Square (north 320 acres) properties presents a unique opportunity. • The farmstead is the jewel of the property and its architecture will be repeated in columns, porches, and other rural characteristics in the development. The City currently owns East Lake Community Park adjacent to the site and an additional wooded site will be dedicated for open space. A considerable amount of water on the site also adds to the open space. The transportation network and landscaping plans were also presented for review. The Brandtjen Farm properly is planned to be developed in the first phase, with development of the Nordic Square property occurring following the removal of the gravel mining operation. The developer is requesting some flexibility from zoning ordinance standards with respect to uses within the Farmstead Preservation Area to preserve its historic value. It is anticipated that the homeowners association might use the buildings, or possibly some other uses such as commercial or retail might be implemented to .maintain the historical characteristics of the site. Dan Licht of NAC gave an overview of the proposed project. The purpose of the sketch plan review is to receive feedback from Council and other advisory committees. Due to the extensive acreage and number of dwelling units an EAW is required on the south 220 acres of the site. The Environmental Quality Board approved the gravel mine restoration plan in i 1974 and has determined that no further review is required for that area. CITY OF LAKEVILLE COUNCIL MEETING MAY24, 2004 PAGE 3 • A total of 1,400 dwelling units will be allowed in the north area and 376 in the south area. Three different home styles are proposed, with lot size determining the style. The developers are asking for a zoning change to Planned Unit Development to encourage the best use of the land into mixed use, residential, commercial, office and service uses. The Dakota County Plat Commission reviewed the sketch plan and will further review transportation issues at the time of the preliminary plat. The Parks, Recreation and Natural Resources Committee reviewed the sketch plan and was receptive to public and private open park space and pedestrian access to regional trails as well as Apple Valley parks. Nearby. properly owners had the opportunity to review and comment at the Planning Commission meeting on May 13, 2004. No public comments were received. Staff concurs with the Planning Commission and recommends City Council approve the Brandtjen Farm sketch plan subject to the five stipulations recommended by the Planning Commission. Mayor Johnson commented on the remarkable progress in the sketch plan since the first time it was presented. to staff, over one year ago. City Administrator Bob Erickson stated that this is a landmark development for • the City of Lakeville and for the subregion. City of Apple Valley staff agrees that this development will compliment Cobblestone Lake in Apple Valley, on the north side of 160th Street across from this development. .Brandtjen Farms will include a natural parkland area. Apple Valley is providing an athletic complex in the northwest quadrant of Pilot Knob Road and County Road 46. 04.79 Motion was made by Rieb, seconded by Wulff to approve the sketch plan of Brandtjen Farms subject to the five stipulations recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 5 Lonnie Smith, Director of Business Services for ISD #194, requested Council approval of amendments to several existing conditional use permits for ISD #194 schools. CITY OF LAKEVILLE COUNCIL MEETING MAY24, 2004 PAGE 4 Joel Dunning of Wold Architects addressed the parking lot expansion at Cherry View Elementary School. The CUP amendment would allow an additional 35 parking stalls, plus paving of 12 other existing gravel stalls. Eric Lipner, representing Wold Architects, provided a brief overview of the addition of a gymnasium and an addition to the music/industrial tech area at the existing high school. This addition would correspond with the opening of the new high school. Chris Traiser of T-Mobile provided information regarding their application for a CUP amendment to allow a personal wireless service antenna 75 feet in height at Lakeville High School. Mr. Traiser stated this tower would better serve neighbors and other customers with wireless service. At the recommendation of the Planning Commission, ISD #194 has agreed to place the wireless tower on the edge of an existing grove of trees to better screen it from neighbors and to take advantage of the higher grade. Associate Planner Frank Dempsey stated that the new stalls and additional • paving will bring the total parking spaces at Cherry View to 152. This will help alleviate parking shortage they experience during special events. Mr. Dempsey stated that the stand-by generator units are approximately 11 feet high, 25 feet long and 10 feet wide. Each generator is powered by a diesel engine and is designed with ahospital-grade muffler package. The Planning Commission held a public hearing for the conditional use permit amendments at their May 13, 2004 meeting. There were no comments from the public regarding the school projects. The Planning Commission recommended approval subject to the ten stipulations listed in the planning report including amendments to stipulations 3, 6 and 7 and the addition of stipulation no. 11 to include the graphics lab and music/industrial tech area. .Council Member Wulff asked if the addition to Lakeville High School would have any effect on the school's capacity. Lonnie Smith responded that it would not, however it would increase the potential participation in those programs. Council Member Bellows asked how audible the generator noise would be inside the school building. Scott Kurtz from Energy Alternatives explained that at 20 feet away, the generator operates at 65-75 decibels, or about CITYOFLAKEVILLE COUNCIL MEETING MAY 24, 2004 PAGE 5 at normal conversation level. The noise level on the other side of the brick wall has not been measured, but he is confident it would be minimal. 04.80 Motion was made by Luick, seconded by Bellows, to approve ISD #194's conditional use permit amendments for Cherry View Elementary, McGuire Junior High, Kenwood Trail Junior High, Century Junior High, Lakeville Senior High and Lakeville South Senior High, subject to the 10 stipulations listed in the planning report including amendments to stipulations 3, 6 and 7, and the addition of stipulation #11. Roll call was taken on the motion. Ayes, Wulff, Rieb, wick, Bellows, Johnson. . ITEM 6 Stellar Properties, LLC is asking for a conditional use permit to allow an industrial use on an unsewered lot. The property is the former Equine Medical Center, a large animal veterinary clinic, and is located at 21900 Kenrick Avenue, south of CSAH 70. Vince Markel from APPRO .Development gave a brief description of the request. • Planning Director Daryl Morey provided the Council with an overview of the application. This is the first phase of a three-phase project. Phases II and III will require amendments to this CUP. Mr. Morey stated that a conditional use permit is required with the change of use because it is an unsewered lot. The existing septic system has been inspected and is in compliance with code requirements. Stellar Properties will be using the properly for office, warehousing and outdoor storage for their concrete and masonry business. A drainage and utility easement has been submitted by the developer for the drainage swale serving the offsite area. A $16,000 cash security has been submitted for landscaping, site cleanup and removal of the animal pens, the stormwater treatment basin, and the erosion control and grading certificate as identified in the engineering report. The Planning Commission and staff unanimously recommend approval of the conditional use permit subject to the outstanding stipulations. 04.81 Motion was made by Bellows, seconded by Rieb, to approve a conditional use permit for Stellar Properties, LLC to allow an industrial use on an unsewered lot subject to the stipulations recommended by the Planning Commission. CITYOFLAKEVILLE COUNCIL MEETING MAY24, 2004 PAGE 6 Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. ITEM 7 Mike Suel, representing DR Horton, stated that Council previously reviewed the sketch plan for Chadwick Farms and is now requesting Council approve a preliminary plat, rezoning, and a comprehensive plan amendment for the property, located east of the new Lakeville High School, south of 210th Street, and north of County Road 70. There are 216 single-family lots planned on 141.85 acres. A letter was sent to homeowners along 210th Street asking if they were interested in relocating their driveways. No property owners came forward. Associate Planner Allyn Kuennen gave an overview of the proposed plat. A rezoning is being requested from RST-2 to RS-3 in order to provide the same zoning throughout the residential portion of the development. The development will include an 8.69-acre neighborhood park with sidewalk and trail connections. A trail and greenway corridor is also proposed • along the north side of South Creek. Because the development of this property is necessary to extend the permanent trunk sanitary sewer facilities to the second high school, the area must be brought into the current MUSA. The extension of the trunk sanitary sewer through the Chadwick Farm development will eliminate the need for a temporary lift. station for the high school. The Metropolitan Council is currently reviewing the Comp Plan amendment request. The upgrade and extension of Jacquard Avenue will also enhance transportation to the new high school The Dakota County Plat Commission has reviewed the preliminary plat and recommends approval. They will review the plat again when the remaining outlots are developed. The Parks, Recreation and Natural Resources Committee recommended approval with future development of a neighborhood park and trails/sidewalks throughout the development. Staff and the Planning Commission are recommending approval of the preliminary plat, rezoning and comprehensive plan amendment to bring .the property into the current MUSA subject to the 15 stipulations and Findings of Fact. Mayor Johnson stated that eliminating the need for a lift station at the new high school is a positive aspect of this development. CITY OFLAKEi~ILLE COUNCIL MEETING MAY24, 2004 PAGE 7 • Council Member Wulff asked if this park layout is a concept or if this will be the actual park design. Parks and Recreation Director Steve Michaud stated that there are. not too many opportunities for change. Council Member Wulff asked if there was adequate parking for this amount of ballfields. Mr. Michaud stated that typically not all fields are scheduled at the same time, (i.e., baseball and soccer) and this is a standard number of parking spaces provided at other City parks. 04.82 Motion was made by Wulff, seconded by Rieb to receive the Planning Commission's Findings of Fact and Recommendation and approve the preliminary plat, Ordinance No. 768 rezoning a portion of the property from RST-2 to RS-3, and a Comprehensive Plan amendment to bring the property into the current MUSA. Roll call was taken on the motion. Ayes Luick, Bellows, Johnson, Wulff, Rieb. ITEM 8 Allyn Kuennen stated that the Council is being asked to approve the preliminary plat of Pine Grove, located north of Dodd Boulevard, east of Highview Avenue, south of 175th Street, and west of Cherryview Park. Country Joe Homes is proposing to combine two properties, which will result in a plat containing 128 single-family lots on 81.28. acres. Outlot A is proposed as a regional storm water treatment basin. Outlot C will be reserved as a buffer between the homes and the existing Cherryview Park hockey rink. As part of the real estate exchange agreement with Country Joe Homes related to the purchase of property for the new maintenance facility, Lakeville has agreed to bring Phase I of the preliminary plat into the current MUSA at this time. The preliminary plat complies with the existing RS-2 Single Family Residential zoning, the comprehensive land use plan, and meets the requirements of the zoning and subdivision ordinances. The engineering staff has reviewed the plan and recommends approval subject to the stipulations in their report. The Dakota County Plat Commission has also reviewed the plat and recommends approval. The Parks, Recreation and Natural Resources Committee recommended approval of the plat at their May 12, 2004 meeting. There is no additional parkland to be dedicated as part of this plat. At the Planning Commission's public hearing, the only inquiry had to do with timing of the development. CITY OF LAKEVILLE COUNCIL MEETING MAY24, 2004 PAGE 8 Council Member Wulff commented that she was pleased to see the extensive use of sidewalks within the plat. 04.83 Motion was made by Wulff, seconded by Rieb to approve the preliminary plat of Pine Grove subject to the ten stipulations listed in the May 13, 2004 planning report. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 9 Lakeville, LLC is requesting approval of the preliminary and final plat of Gopher Mini Storage Third Addition and the vacation of a portion of public road right-of-way and public drainage and utility easements located within the plat. Amulti-tenant retail building is proposed for the property, which is located north of 165t" Street, east of Kenrick Avenue. Associate Planner Frank Dempsey gave an overview of the proposed plat. • The property is currently zoned C-3, General Commercial District, and no rezoning will be required. The right-of-way vacation will help the plat. meet its green space requirements. There is one ingress/egress from the property onto Kenrick Avenue. The proposed masonry building materials meet ordinance requirements. The developer has submitted a signed development contract, an appropriate letter of credit, the required cash payment, and a certificate of insurance. There was no public comment at the Planning Commission public hearing on April 26, 2004. City staff and the Planning Commission are recommending approval of Gopher Mini Storage Third Addition. 04.84 Motion was made by Luick, seconded by Rieb to approve Resolution No. 04-107 approving the preliminary and final plat of Gopher Mini Storage Third Addition and Resolution No. 04-108 vacating the public road right- of-way and drainage and utility easements. Roll call was taken on the motion. Ayes: Johnson, Wulff, Rieb, Luick, Bellows. ITEM 10 Planning Director Daryl Morey explained that the zoning map amendments • represent the final "cleanup" of the recent zoning ordinance update. The CITY OF LAKEVILLE COUNCIL MEETING MAY24, 2004 PAGE 9 RS-3 rezoning of property located east of Cedar Avenue and south of 202nd Street will avoid, any future confusion regarding the zoning of the Spyglass single-family plat.. Also in order to eliminate encroachments of the Ardmor Manufactured Home Park into the Spyglass development, a strip of land was deeded to Ardmor, making rezoning of that strip of property to RSMH necessary. Rezoning of property located west of Jonquil Avenue and north of 175t" Street was in response to a previous CUP request for an oversized garage on property with two different zoning designations. The zoning map amendment will correct this zoning inconsistency. The Planning Commission and staff recommend approval of the ordinance amending the Zoning Map as presented. 04.85 Motion was made by Bellows, seconded by Luick to accept the Findings of Fact and Recommendation and approve Ordinance No. 769 amending the Zoning and Land Use Map in conjunction with the Zoning Ordinance Update. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. • ITEM 11 City Attorney Roger Knutson distributed a draft Employment Agreement prepared at the direction of the City Council at the May 13, 2004 Special Council meeting. The agreement is consistent with the approved pay plan and employment practices. The candidate, Steven Mielke, is excited about the opportunity to become Lakeville's new City Administrator and has signed the document. 04.86 Motion was made by Rieb, seconded by Wulff to approve the Employment Agreement with Steven C. Mielke as presented. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. Council Member Luick discussed the recent newspaper article that reported the Council was divided by a 3-2 margin. Luick stated that it is not unusual for Council Members to have a difference of opinion and for ahem to express their viewpoints in a work session setting. It would be unusual for a Council or any other decision-making group to agree on things all the time. The Council unanimously decided to move forward with the employment agreement. Mr. Luick wished to reinforce that the CITY OF LAKEVILLE COUNCIL MEETING MAY 24, 2004 PAGE 10 i process was a very good one and the Council will continue to support all of the staff in being successful and providing an effective program to meet the services desired and expected by the citizens. Mayor Johnson added that diverse ideas are one of the strengths of the Council and what each of them brings to the meetings. He expressed his compliments to the City Council for the efforts they have put into this process. He feels Steve Mielke will do an outstanding job for the City of Lakeville. ANNOUNCEMENTS Next regular Council meeting, June 7, 2004 Council work session, June 2, 2004 Mayor Johnson adjourned the meeting at 6:25 p.m. Respectfully submitted, Ju ith R. Hawkins, Deputy City Clerk n Robert D. Joh on, Mayor