HomeMy WebLinkAboutItem 06.b
CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
January 20, 2015
Mayor Little called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall.
The pledge of allegiance to the flag was given.
Members Present: Mayor Little, Council Members Davis, Swecker and Anderson
Absent: Council Member LaBeau
Staff Present: Justin Miller, City Administrator; Roger Knutson, City Attorney; Jeff Long,
Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic
Development Director; Dennis Feller, Finance Director; Brett Altergott, Parks & Recreation
Director; Allyn Kuennen, Assistant City Administrator; Daryl Morey, Planning Director;
Charlene Friedges, City Clerk
3. Citizen Comments None
4. Additional Agenda Information None
5. Presentations/Introductions
Chief Long presented the December Police Department monthly report.
Mr. Altergott presented the December Parks & Recreation Department monthly report.
Council Member Swecker asked staff to consider installing additional landscaping or a snow
fence along 205th Street and Jacquard Avenue to improve traffic safety during snow events.
Consent Agenda
Motion was made by Swecker, seconded by Anderson to approve the following consent
agenda items:
a. Claims for payment
b. Minutes of the January 5, 2015 City Council meeting
c. Resolution No. 15-05 accepting donations to the Parks & Recreation Department
d. Service Agreement with National Financial Partners, Corp.
City Council Meeting Minutes, January 20, 2015 Page 2
e. Resolution No. 15-06 setting compensation and reimbursement rates for firefighters
f. Resolution No. 15-07 vacating a public drainage and utility easement at 16369 and 16375
Holbrook Avenue
g. Resolution No. 15-08 vacating a public roadway, drainage and utility easement along
Highview Avenue and Hamburg Avenue
h. Resolution No. 15-09 approving Fulford Group 1st Addition final plat; and Resolution No.
15-10 vacating a public drainage and utility easement at 21350 Cedar Avenue
i. Firefighting Service Agreement with Eureka Township
j. Agreement with Kimmes Bauer Well Drilling, Inc. for the sealing of wells at 19740
Kenwood Trail
k. Contract with Archer Mechanical for maintenance of HVAC systems
l. Final acceptance of public streets in Rose Creek
m. Resolution No. 15-11 approving Council committees and interagency appointments
n. City of Lakeville 2015 Legislative Priorities
o. Agreement with Dennis Carney for a performance at the Lakeville Area Arts Center
p. Ordinance No. 933 amending Title 3, Chapter 1 of the Lakeville City Code concerning
cocktail room, brewpub and taproom licenses
q. Resolution No. 15-12 appointing a director and alternate director to the LOGIS Board of
Directors
Voice vote was taken on the motion. Ayes – unanimous
7. Kenyon Avenue Retail
Patrick Sarver, representing Diversified Equity Investment, LLC, requested Council approval
of the Kenyon Avenue Retail preliminary plat located in the southeast corner of Kenyon
Avenue and 162nd Street (CSAH 46).
City Council Meeting Minutes, January 20, 2015 Page 3
Mr. Morey presented the planning report for Kenyon Avenue Retail, which proposes one
commercial lot and one outlot for future development on 4.58 acres. Lot 1 proposes two
buildings totaling 12,000 square feet, which would include multi-tenant retail and restaurant
uses as allowed by the C-3, General Commercial District. The developer is requesting a
conditional use permit to allow two principal buildings on a single parcel, impervious surface
area greater than 25% and a drive-through convenience food establishment.
Mr. Morey explained that a 15-foot roadway easement will be dedicated along the south side
of County Road 46. Access to the site will be off of Kenyon Avenue. The developer will
construct a right turn lane along Kenyon Avenue, as well as restripe Kenyon Avenue to allow
for left turn lanes into the site.
The Planning Commission recommended modifications to the site plan to create a safer
traffic circulation pattern, particularly for vehicles exiting the convenience food drive-through
lane and for delivery trucks. Revised plans have been submitted which offer a less circuitous
traffic pattern for the convenience food drive-through customers and to better accommodate
delivery vehicle turning movements.
Mr. Morey explained that the DNR allows for exceptions to the 25% impervious surface
coverage requirement in the shoreland overlay district by conditional use permit due in large
part to the City’s good stewardship with respect to stormwater drainage and erosion control.
Any planning action within the shoreland overlay district is forwarded to the DNR for review
and comment. The DNR did not oppose this conditional use permit.
Motion was made by Swecker, seconded by Davis to approve the preliminary plat of Kenyon
Avenue Retail, along with findings of fact and a conditional use permit to allow two principal
buildings on a single parcel, impervious surface area greater than 25% and a drive-through
convenience food establishment.
Roll call was taken on the motion. Ayes – Davis, Little, Swecker, Anderson
8. Notice of Appeal to Title 11, Chapter 17, Section 11 of the City Code
Mr. Morey requested the City Council affirm staff’s interpretation of Title 11, Chapter 17,
Section 11 of the City Code concerning exceptions to the setback requirements for terraces,
steps, decks and stoops. A Notice of Appeal was submitted on behalf of property owner, Pete
Weber, 21444 Hytrail Circle, related to staff’s interpretation of this section of the zoning
ordinance concerning setback exceptions for decks. Mr. Morey explained that this section of
the zoning ordinance was established in 2003 and allows a reduced setback for decks that are
30 inches or less above grade. Decks with an elevation greater than 30 inches above grade
must meet the structure setbacks.
City Council Meeting Minutes, January 20, 2015 Page 4
Mr. Morey pointed out that 21444 Hytrail Circle is located in Stone Borough 4th Addition,
which is a re-plat of vacant townhome lots into RS-4 single family lots. Because of the shallow
(100 foot) lot depth and the design and placement of the house, the current setback
requirements do not allow for construction of a substantial deck on the back of the Weber
home.
Council Member Davis stated the RS-4 District is relatively new. He recommended that City
staff and the Planning Commission review the RS-4 lot requirements to determine if changes
need to be made concerning deck setbacks so that these lots fit current market conditions.
Mr. Morey stated he plans to review this matter, along with other potential ordinance
revisions, with the Planning Commission in the upcoming months. If the Planning
Commission directs staff to proceed with an ordinance amendment, a public hearing would
be scheduled and a recommendation forwarded to the City Council as soon as reasonably
possible.
Mark Priore, attorney representing Mr. Weber, pointed out the current wording of the
ordinance and explained why he feels his interpretation is correct.
City Attorney Roger Knutson stated in his opinion staff has made an appropriate
interpretation of the ordinance. He concurred that the ordinance could be made clearer, or
changed, if the Council so chooses.
Council members expressed a desire to amend the setback requirements for the RS-4 lots to
allow for the construction of decks on these homes.
Motion was made by Davis, seconded by Swecker to affirm staff’s interpretation of Title 11,
Chapter 17, Section 11 of the City Code concerning exceptions to the setback requirements
for terraces, steps, decks and stoops.
Roll call was taken on the motion. Ayes – Little, Swecker, Anderson, Davis
9. Ordinance Amending Title 11, Chapter 17, Section 11 of the City Code
Motion was made by Davis, seconded by Anderson to table consideration of an ordinance
amending Title 11, Chapter 17, Section 11 of the City Code concerning setback requirements
for terraces, steps, decks and stoops and direct City staff and the Planning Commission to
address the deck setback requirements in the RS-4 District and forward a recommendation to
the City Council for approval no later than April 20, 2015.
City Council Meeting Minutes, January 20, 2015 Page 5
Roll call was taken on the motion. Ayes – Swecker, Anderson, Davis, Little
10. Unfinished business: None
11. New business: None
12. Announcements: Next regular Council meeting, February 2, 2015
Mayor Little adjourned the meeting at 8:06 p.m.
Respectfully submitted,
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Charlene Friedges, City Clerk
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Matt Little, Mayor