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HomeMy WebLinkAbout09-20-04 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 2004 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 Wulff, Bellows and Mayor Johnson. Absent: Council Members Rieb and Luick. Also present: R. Knutson, City Attorney; S. Mielke, 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. Morey, Planning Director;. B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the September 7,2004 City Council meeting and the September 13, 2004 special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None PARKS & RECREATION DIRECTOR: Mr. Michaud presented the August monthly report of the Parks & Recreation Department. POLICE CHIEF:. Chief Strachan presented the August Police Department monthly report. FIRE CHIEF: Chief Nelson presented the eight-month report of the Lakeville Fire Department.. PRESENTATIONS/INTRODUCTIONS Assistant Fire Chief Jim Kill and District Chief Mike Meyer accompanied Chief Nelson in introducing 14 firefighters who recently completed their. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 2004 PAGE 2 two-year probationary period. The new firefighters were given their helmet shields and badges. Chief Strachan introduced Rachael Bond, Police Department Secretary/Receptionist. CITIZENS' COMMENTS None CONSENT AGENDA 04.120 Motion was made by Wulff, seconded by Bellows. 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: • ? Planning Commission, September 9, 2004 ? Parks, Recreation & Natural Resources Committee, September 8, 2004 ? Lakeville Area Arts Center Board, September 9, 2004 ? Ames Ice Arena Committee, August 10 artd September 7, 2004 d. .City of Lakeville Emergency Operations Plana e. Easement settlement with Joel Frank, 210th Street and Jacquard Avenue. f. Resolution No, 04-197 supporting the .Dakota .County 2005-2009 Capital Improvement Plan. g. Grant of Permanent Easement and Temporary Construction Easement with ISD 194. h. Resolutions No. 04-187, 188, 189, 190 and 191 accepting donations for National Night Out. i. Tree Trimming and Removal licenses for Hendrickson Tree Care and Tree Masters. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 2004 PAGE 3 j. Contract for Sale of Trees with Richard and Judith Tonak. k. Gambling permit. for VFW Auxiliary to Post 210 for gambling events at the Lakeville VFW on October 23 and November 20, 2004. L Snowmobile Trail Performance Based Maintenance Grant Agreement with Minnesota Department of Natural .Resources.. m. Minnesota ReLeaf Grant Agreement with the Minnesota Department of Natural Resources, Forestry Division. n. .Receive August 2004 Lakeville Arena Study. o. Resolution No. 04-192 acknowledging receipt of proposed 2005 ice arena budget and mandating additional reasonable actions. p. Resolution No. 04-193 accepting donation from the Lakeville Hockey Association for Rink 2 seating. q. Resolution No. 04-194 calling a public hearing for Special Service District No. 1. r. Rental agreement with Ziegler, Inc. for a motor grader. s. Merchant Processing Application with Heartland Payment Systems for the Liquor Stores and Park & Recreation Department. t. Temporary on-sale Liquor license for All Saints Church for an event being held on Saturday, September 25, 2004. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff. ITEM 8 Mr. Feller introduced Mr. Dan Etling from the firm of Eide Bailly LLP. Mr. Etling provided an overview of the City of Lakeville Comprehensive Annual Financial Report for fiscal year ended December 31, 2003. He reported that, in their opinion, the financial statements as presented fairly represent the financial position of the City of Lakeville as of December 31, 2003. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 2004 PAGE 4 04.121 Motion was made by Bellows, seconded by Wulff to acknowledge receipt of the City of Lakeville Comprehensive Annual Financial Report for fiscal year ended December 31, 2003, Roll call was taken on the motion. Ayes, Johnson, Wulff, Bellows. ITEM 9 Jim Connelly of Appro Development, representing Richard. and. Mary Ann Clemmer, requested Council approval of the Dick's Sanitation expansion project at 8984- 215' Street West. Mr. Morey explained that the project includes .the preliminary and final plat of Clemmer First Addition, rezoning of approximately one acre of land from I-1, Limited Industrial District, to PUD, Planned Unit Development District, development and final stage Planned Unit Development and the vacation of a public drainage and utility easement. He explained that on May 3, 2004, the City Council approved an amendment to the Lot 1, Block. 1, Airlake Development Fifth Addition Planned Unit Development to allow the expansion of an existing building on the site. Since that time, the applicant decided to modify the master plan of the Dick's Sanitation site to includethe addition of one acre of land to the east, which requires the preliminary and final plat of Clemmer First Addition. The development and final stage Planned Unit Development is required to modify the Airlake Development Fifth. Addition Planned Unit Development to include the additional one acre of land from the property to the east. The developer is vacating the existing easterly boundary drainage and utility easement in conjunction with the preliminary and final. plat. Anew boundary. drainage and utility easement is being dedicated with Clemmer First Addition. The Planning Commission held a public hearing and unanimously .recommended approval. There was no public comment at the hearing. Staff recommends approval. 04.122 Motion was made by Wulff, seconded by Bellows to approve Resolution No. 04-195 approving the preliminary and final plat of Clemmer First Addition; Ordinance No. 770 rezoning property from I-1, Limited Industrial District, to PUD, Planned Unit Development District; and Resolution No. 04-196 vacating a public drainage and utility easement. Roll call was taken on the motion. Ayes, Wulff, Bellows, Johnson. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 2004 PAGE 5 ITEM 10 Carl Tollefson of Tollefson Development requested Council approval of the preliminary plat of Donnelly Farm. He also asked the City .Council to consider allowing either side loaded or front loaded garages on the 80- foot wide lots. He stated the Planning Commission recommended that all lots less than 85 feet wide have side-loaded garages. Gary Wollschlager of Tollefson Development presented photos showing a front loaded garage on an 80-foot wide lot for this particular housing style. Associate Planner Allyn Kuennen presented the planning report for Donnelly Farm, located east of Dodd Boulevard, west of Holyoke Avenue and north of Heritage Drive. The development is proposed to have 125 single-familylots and 135 attached town home units. The property is zoned Planned Unit Development. Mr. Kuennen explained that the single-family portion of the Donnelly Farm development was initially presented by the developer with 75-foot wide lots. At their September 4, 2003 work session, the Planning Commission stated that they would. not support 75-foot wide lots. The Planning Commission indicated they would support 80-foot wide lots. only with unique house design features, such as side or rear loaded garages and prominent front porches.. The developer then submitted a preliminary plat that included.75-foot wide single-family lots. At its August 5, 2004 meeting, the Planning Commission motion to approve the preliminary plat failed because the preliminary plat did not reflect the Planning Commission recommendations related to the design of the single family lots. The developer submitted a revised preliminary plat that eliminated a majority of the 75-foot wide lots but still included lots that did not meet the minimum 80-foot lot width recommended by the Planning Commission. After reviewing the revised preNminary plat, the Planning Commission recommended approval contingent upon the developer revising the preliminary plat to include minimum 80-foot wide lots with aseven-foot side yard setback, provided that all 80-foot wide lots include a side loaded garage and a front porch along the width of the home with a minimum depth of six feet. Mr. Kuennen stated the developer has .now. revised the preliminary plat to meet the Planning Commission's recommendations: CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 2004 PAGE 6 - Mayor Johnson asked staff to clarify`the Planning Commission's position on front loaded versus side-loaded garages. Mr. Kuennen stated the Planning Commission would only support single-family lots less than the standard 85-foot width if they have unique design features, side loaded garages and prominent front porches. Council Member Wulff asked if the developer is willing to provide a 10- foot side yard setback for the 80-foot wide lots with a front loaded garage. Mr. Tollefson stated they would like the option of allowing either front loaded or side. loaded garages utilizing aseven-foot side yard setback. Council Member Wulff stated it appears the developer wants flexibility without providing. higher design standards or other amenities unique to the properly, which is required in a Planned Unit Development. Mr. Morey pointed out that a standard single-family lot size is 85 feet, (RS-3 District), and the Planning Commission felt the RS-3 District requirements should be followed. However, because Donnelly Farm is a Planned Unit Development, the Planning Commission was willing to . consider a smaller (80 foot) lot size only if side or rear loaded garages and prominent front porches were included on these lots. Council Member Wulff asked Mr. Tollefson if they were willing to redesign their preliminary plat to include all 85-foot wide lots. Mr. Tollefson stated they would agree to provide side loaded garages on all. lots less than 85 feet wide. 04.123 Motion was made by Bellows, seconded by Wulff to approve the preliminary plat of Donnelly Farm as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, Bellows, Johnson, WuIfF. Mayor Johnson indicated that because a conditional use permit requires a 4/5 vote of the Council for approval, this item should be tabled until. there is a full Council present. 04.124 Motion was made by Wulff, seconded by Bellows to table consideration of the conditional use permit for Donnelly Farm until the final. plat is submitted for Council consideration. Roll call was taken on the motion. Ayes, Johnson, Wulff, Bellows. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 2004 PAGE 7 ITEM 11 Mr. Morey presented the Brandtjen Farm Development Environmental Assessment Worksheet (EAW). He asked the Council to consider receiving the EAW for. the Brandtjen Farm mixed use development and authorize its distribution consistent with Minnesota State Statues and Environmental Quality Board (EQB) Rules. He explained that the Brandtjen Farm development is located south of 160"' Street, east of Pilot Knob Road and north of 1701h Street. The Brandtjen Farm sketch plan was approved by the City Council on May 24, 2004. Following a 30-day comment period on the EAW, the Council would be asked to adopt a resolution and record of decision on the. need for an Environmental Impact Statement on the Brandtjen Farm development. 04.125 Motion was made by Bellows, seconded by .Wulff to receive the Environmental Assessment Worksheet for the Brandtjen Farm development and authorize its distribution consistent with Minnesota State Statutes and EQB Rules. • Roll call was taken on the motion. Ayes, Wulff, Bellows, Johnson. UNFINISHED BUSINESS None NEW. BUSINESS 04.126 Motion was made by Wulff, seconded by Bellows to hold a Council work session from 5:30 to 7:00 p.m. on either September 29t" or September 30t", depending on which evening best fits the Council's schedules. - Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff. ANNOUNCEMENTS Next regular Council meeting, October. 4, 2004 Mayor 7ohnson adjourned the meeting at 8:40 p.m. Respectfully submitted, • Charlene Fnedges, ty Clerk CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 20, 2004 PAGE 8 Robert D. Johnson ayor