HomeMy WebLinkAbout01-08-98 City Of Lakeville
PLANNING COMMISSION MEETING MINUTES
January 8, 1998
The January 8, 1998 Planning Commission meeting was called to order by Chair Rieb at
6:00 p.m. in the City HaII Council Chambers.
Roll call of members was taken:
Present; Miller, Kot, Wanner, Rieb, Cecchini, Wulff..
Absent: Amborn, Ex Officio Member Bellows.
Also present: Michael Sobota, Community and Economic Development Director; Daryl
Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City
Engineer; Roger Knutson, City Attorney; and Donna Quintus, Recording Secretary.
The minutes of the December 11, 1.997 Planning Commission Meeting were approved as
presented.
ITEM 4At ANNOUNCEMENTS
The .Planning Commission agreed to an amendment to the January 8, 1998. Planning
Commission Agenda to add under NEw BusiNESS: Election of 1998 Planning Commission
Officers.
ITEM 5: CONSENT AGENDA
98.01 MOTION by Miller, Second by Wulff to recommend to City Council approval of the January
8, 1998 Planning Commission Consent Agenda as follows:
5a. Approve the application of LV Development for the Lakeview Estates 3rd Addition final
plat, a'development consisting of 27 single family residential lots on land located south
of 205th Street, west of Juno Trail, and northeast of the Fairfield Business Campus.
Roll call vote was called on the motion.
Ayers Kot Wanner, Rieb, Cecchini, Wulff, Miller.
Nays: o.
ITEM 6: PUBLIC HEARING: Tutor Time Day Care: Rezoning, Conditional Use Permit, final Plat
Chair Rieb opened the public hearing for consideration of the application of Tutor Time
Day Care and the City of Lakeville for: 1) rezoning of property from B-2, Retail Business
District and R-5, Single and Two Family, Medium Density Residential District to R-B,
Residential Business Transition District; 2) consideration of the application of Tutor Time
.Day Care for a conditional use permit to allow a day care facility in the R-B, Residential
Business Transition District; and: 3) final plat. City Attorney Roger Knutson attested that the
..legal notice had been mailed and published as required by state statute.
Associate Planner Frank Dempsey presented an overview of the proposed development of a
Tutor Time Day Care facility on property located north of 176th Street, adjacent to the east
side of Ipava Avenue, and west of the Sanasha Knolls townhouse development. Planning.
actions required to allow the development of the daycare facility on this site include a
rezoning, final plat, and conditional use permit. 'The City of Lakeville is a co-applicant of
the rezoning and final plat as the City will own proposed Lot 1, Block 1 of the development.
for use as a future municipal well site.
Regular Planning Commission Meeting Minutes
January 8, 1998
Page 2
Included in the review of the rezoning and conditional use permit is consideration of the
application of Tutor Time. Day Care and the City of Lakeville for a final plat of two lots to be
known as Tutor Time Addition.
Rezoning:
Associate Planner Frank Dempsey noted that the subject property is currently zoned B-2,
Retail Business District on the north half and R-5, Single and Two Family, Medium
Density Residential District on the south half. The entire property is guided for
commercial land use in the Comprehensive Land Use Guide Plan. The proposed R-B
zoning designation is a less intensive zoning district than the City's 6-1 to B-4 business
districts.
Associate Planner Dempsey indicated that the requested rezoning is also consistent with
the City's 1993 B-2 Study, .conducted by Northwest Area Consultants, which analyzed all
the existing B-2 zoned properties in the City for consistencyand compatibility with the
Comprehensive Plan's land. use guidelines. The B-2 Study recommended adown-zoning
of this property.
Dempsey stated that the request to rezone the entire parcel to R-B, Residential Business
Transition District will allow the day care use via a conditional use permit. The City's use
of a portion of the property as a municipal'well site is also permitted in the R-B District.
Therefore, Community and Economic Development staff recommends approval of the
• rezoning request.
Tutor Time Addition Final Plat:
Associate Planner Dempsey indicated that the subject property was platted in 1973 as
Outlot A, Dakota Heights 7th Addition.. The proposed Tutor Time Addition involves the
replatting of the existing outlot into wo lots and one block. Lot 1 (1.7 acres) will be
owned by the City and used as a municipal well site and Lot 2 (1.3 acres) will
accommodate the proposed .Tutor Time Day Care facility.
Assistant City Engineer Tim Hanson indicated that development of the proposed
subdivision utilizes existing sanitary sewer, watermain, storm sewer, and streets. A
detailed review. ofthe utilities, grading and drainage, erosion control and tree preservation
is provided in his memo dated December 31, 1997. The Environmental Affairs
Committee (EAC) reviewed the Tutor Time final-plat at their meeting January 6, 1998 and
recommended approval.
Associate Planner Dempsey also noted that the Parks and Recreation Committee reviewed
the proposed Tutor Time final plat at their January 7, 1998 meeting .and has
recommended a cash contribution to satisfy park and traildedication requirements.
Upon review of the Tutor Time final plat, the Community and Economic Development
staff has determined thatthe proposed plat meets minimum subdivision ordinance
standards and, therefore, recommends approval of the Tutor Time Addition final plat.
Tutor Time Conditional Use Permit:
Associate Planner Dempsey presented a review of the application of Tutor Time Day Care
for a conditional usepermit to allow a day care facility in the R-B, Residential Business
Regular Planning Commission Meeting Minutes
January 8, 1.998
Page 3
Transition District. A day care use is permitted in the R-B District viva conditional. use
permit. The conditional use permit is being requested for proposed Lot 2, Block 1, Tutor
Time Addition.
Associate Planner Dempsey stated that the proposed day care building and use consists of
the construction of an approximate 10,000 square foot single story building, 42 parking
spaces, and a total of 12,329 square feet of outdoor play area. The exterior of the building
is treated with masonry and vinyl which is compatible with surrounding area residential
land uses. The proposed building meets ordinance setback requirements for the R-B
District.
Associate Planner Dempsey presented an overview of the proposed landscaping and
screening, loadinglunloading area, and signage.
Mr. Gary Humphrey, Andtt Building Partnership, LLP and representative for Tutor Time Day
Care, was present and indicated his agreement to the stipulations for approval of the
development.
Commissioner Wulff requested additional details regarding the design of the proposed
freestanding sign and. questioned the reason fora "pole" sign rather than a "monument"
sign, The Commission concurred that a monument sign would be preferred indicating their
belief that a monument sign would be more compatible with the residential neighborhood.
Mr. Humphrey indicated his agreement to revise the proposed sign design and submit a
• proposal for a monument sign for City staff review prior to City Council action.
Commissioner Wulff also requested clarification as to whether sufficient room. is provided
for delivery and. garbage truck maneuverability and turnaround on the site. Assistant City
Engineer Tim Hanson responded that enough space is providedfor typical delivery and
garbage trucks. When questioned. as to whether school buses would be picking up and
delivering children to the day care center, Mr. Humphrey indicated that school buses are
sometimes used. However, it was not determined whether full-sized buses were used.: If
so, Assistant City Engineer Hanson. indicated that with the existing site elevations, final
grading, and proposed retaining wall. at the end of the south parking lot it may benecessary
to provide a second access to the site for child pick-up and drop-off. Mr. Humphrey stated
his willingness to work with the City's engineering staff to determine whether a second
access to the site is warranted to improve vehicular maneuverability on-site.
There were no questions or comments from the audience.
98: 02 MOTION by Wulff,. Second by Cecchini to close the public hearing.
Roll call. vote was called on the motion.
Ayes: Wanner, Rieb, Cecchini, Wulff, Miller, Kot.
Nays: 0.
The. Planning Commission agreed to add to City staff's recommended stipulations for
approval of the development proposal by amending the following stipulations: No. 3v:
The developer shall work with City staff to develop a sign design that .will be more in
character with the neighborhood and submit for stafif approval. prior to City Council action;
and No. 11: The developer will work with the City Engineering Department to determine
Regular Planning Commission Meeting Minutes
January 8, 1998
Page 4
whether a second access off .176th Street to the site is warranted to facilitate on-site
vehicular maneuverability prior to City Council action.
98.03 MOTION by Cecchini, Second by Wanner to recommend to City Council approval of the
applications of Tutor Time Day Care and the City of Lakeville for:
1) rezoning of the subject property from B-2, Retail Business District and R-5, Single and
Two Family, Medium Density Residential District to R-B, Residential Business
Transition District;
2) Tutor Time Addition final plat; and
3) a conditional use permit to allow a day care facility on Lot 2, Block 1, Tutor Time
Addition in the R-B, Residential Business Transition District,
subject to the ten (10) conditions as listed in the Planning Report dated December 31, 1997
with the amendment to Stipulation No. 3d. regarding signage and the addition of Stipulation
No. 11 regarding access as listed above and approval of the Findings of Fact for the
rezoning and .conditional use permit dated January 8, 1998.
Roll call vote was called on the motion.
Ayes: Rieb, Cecchini, Wulff, Miller, Kot, Wanner.
Nays: 0.
ITEM 7: PUBLIC HEARING: Gateway First Addition Easement .Vacation
Chair Rieb opened the public hearing for consideration of the application of Gateway
Development, LLC for the vacation of existing drainage and utility easements located within
Outlots D and E, Gateway First Addition. City Attorney Roger Knutson attested that the
legal notice had been published as required by state statute..
City Planner Daryl Morey presented an overview of the request from Gateway
Development, LLC representatives for the vacation of existing drainage and utility
easements located within Outlots D and E, Gateway First Addition. Gateway Second
Addition, approved by City Council on December 1, 1997, consisted of the replat of
Outlots C and D, Gateway First Addition into four commercial lots. However, the
developer inadvertently neglected to submit this drainage and utility easement vacation
request with their submittal of the final plat of the Gateway Second Addition.
.The existing drainage and utility easements will be replaced by new drainage and utility
easements when the final plat of Gateway Second Addition is recorded.
Community and Economic Development Department staff recommends approval of the
requested Gateway Development drainage and utility easement vacation.
There was no public comment.
98.04 MonoN by Wulff, Second by Cecchini to close the public hearing.
.Roll call vote was called on the motion.
Ayes: Cecchini, Wulff, Miller, Kot, Wanner, Rieb.
Nays: 0.
Regular Planning Commission Meeting Minutes
January 8, 1998
Page 5
.98.05 MOTION by Wulff, Second by Miller to recommend to City Council approval of the
application of Gateway Development, LLC for the vacation of existing drainage and utility
easements located within Outlots D and E, Gateway First Addition.
RoII call vote was .called on the motion.
Ayes: Wulff,. Miller, Kot, Wanner, Riela, Cecchini.
Nays: 0.
ITEM 8A: PUBLIC HEARING: All God's Children Day Care
Chair Rieb opened the public hearing for consideration of the application of All God's
Children Day Care and South Twin Cities Church of Christ for a conditional use permit to
allow a day care facility in the R-4, Single and Two Family Residential District.. City
Attorney Roger Knutson attested that the legal notice had been duly mailed and published
as required by state statute.
Associate Planner Dempsey presented an overview of the request .for a conditional use
permit amendment for a proposed day care facility to be located in the basement level of
..the existing South Twin Cities Church of Christ church building located at 16120 Cedar
Avenue. The property is zoned R-4, One and Two Family Residential District which,
according to City Ordinance regulations, allows day care facilities by conditional use
permit.
Associate Planner Dempsey reviewed the details of he proposal including parking, access,
• outside play area, and signage as outlined in his memorandum dated December 31, 1997.
Planner Dempsey indicatedthatthe-daycare use will be in operation between Monday and
Friday only. and will not conflict with normal Sunday church services.
Building Official Dave Krings and Fire Marshal James Michel have reviewed the proposed
Day Care Center for compliance with State Building Code and Fire Code regulations. A list
of requirements from both the Building and Fire Departments has been submitted to the
developer noting what must be completed prior to issuance of a Certificate of Occupancy.
Mr. Scott Wollmering, All God's Children Day Care Director, was in attendance and
indicated he is in agreement to the conditions for approval as recommended by staff.
Commissioner Miller requested clarification as to-the location of the proposed outside play
area, pedestrian access to the area, and plans, if any, for visual or physical separation from
the parking lot area.. Staff responded that an enclosed outdoor play area is proposed to be
located east of the church building and is recommended to be completed no later than dune
20, 199$. The City is requiring a security to guarantee completion of the outdoor play area.
However, the developer did not propose to modify existing site conditions. to delineate a
pedestrian walkway to and from the play area or separation of the play area from the
.existing parking lot.
There was no public comment.
8.06 MoTiorv by Miller, Second by Wanner to close the public hearing.
Roll call vote was called on the motion.
Ayes: ,Miller, Kot, Wanner, Rieb, Cecchini, Wulff.
.Nays: 0.
Regular Planning Commission Meeting Minutes
January 8, 1998
Page 6
• The Planning Commission concurred that additional. landscaping and concrete curb stop
treatment be included in the site plan to address the walkway and .play area/parking lot
delineation that would direct vehicular traffic away from the play area.
Community and Economic Development Director Sobota suggested an amendment to
Stipulation e) by adding the following sentence:. "Concrete curb barriers and/or landscaping
shall be installed on the south side of the east parking area."
98.07. MonoN by Miller, Seeand by Wulff to recommend to City Council approval of the
application of South Twin Cities Church of Christ for a conditional use permit to allow a day
care facility in the R-4, Single and Two Family Residential District located at 16120 Cedar
Avenue, legally described as Lot 1, Block 2, Dakota Plaza subject to the six (6) conditions as
Listed in the Planning Report dated December 31, 1997, with the amendment to Stipulation
e) as noted above, and approval of the Findings of Fact dated )anuary 8, 1998..
Roll call vote was called on the motion.
Ayes: Kot, Wanner, Rieb,. Cecchini, Wulff, Miller.
Nays: 0.
ITEM 9: PUBLIC HEARING: Zoning Ordinance Amendment
Chair Rieb opened the public hearing for consideration of the City's application for an
ordinance amending the City's Zoning Ordinance concerning the criteria for rezonings,
• variances, and conditional use permits. City Attorney Roger Knutson attested that the legal
notice had been published as required by state statute.
City Planner Daryl Morey presented an ordinance, drafted by City Attorney Roger Knutson,
concerning the criteria for considering rezoning,. variance, and .conditional use permit
:.requests. The proposed Zoning ordinance amendment eliminates the property value
depreciation criteria from the required findings for considering rezoning, variance, and
conditional use permit requests.
Community and Economic Development Department staff and the City attorney's office
recommend adoption of the. attached Zoning Ordinance amendment.
Commissioner Cecchini indicated that his original reservations regarding the proposed
.ordinance amendment that he expressed at the December 11, 1997 meeting were no longer
an issue for him. He stated his support of the ordinance amendment as .proposed.
There was no public comment.
98.08 MorioN by Miller, Second by Wanner to close the public hearing.
Roll call vote was called on the motion.
Ayes: Wanner, Rieb, Cecchini, Wulff, Miller, Kot.
Nays: 0.
8.09 MOTION by Cecchini, Second by Wulff to recommend to City Council approval of an
amendment to the City's Zoning Ordinance concerning the. criteria for rezonings, variances,
and conditional use permits.
Roll call vote was called on the motion.
Regular Planning Commission Meeting Minutes
January 8, 1998
Page 7
• Ayes: Rieb, Cecchini, Wulff, Miller, Kot, Wanner.
Nays: 0.
ITEM 11C: Election of 1998 Planning Commission Officers
Community and Economic Development Director Michael Sobota indicated that the City
Code requires that the Planning Commission elect a officers at the first meeting of the year.
Sobota requested Planning Commission nominations and election for the offices of
chairperson, vice chairperson, and secretary for 1998.
98.10 MOTION by Wulff, Second by Wanner to nominate Laurie Rieb as Planning Commission
Chair for 1998.
98.11 MOTION by Miller, Second by Kot to close nominations for Planning Commission Chair for
1998.
98.12 MOTION by Wulff, Second by Rieb to nominate Dennis Miller as Planning Commission Vice
Chair for 1998.
98.13 MOTION by Kot, Second by Cecchini to close nominations for Planning Commission Vice
Chair for 1998.
98.14 MOTION by Rieb, Second by Miller to nominate Dick Cecchini as Planning Commission
Secretary for 1998.
•98.15 MOTION by Rieb, Second by Miller to close nominations for Planning Commission Secretary
for 1998.
98.1.6 MOTION by Rieb, Second by Kot#o cast a white ballot for the 1998 Planning Commission
Chairperson, Vice Chair, and Secretary.
Roll call vote was called on the motion.
Ayess Cecchini, Wulff, Miller, Kot, Wanner, Rieb.
Nays: 0.
The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, January 22,
1998.
There being no further business, the meeting was adjourned at 7:20 p.m.
Respectfully submitted,
onna Quintus, Rec ding Secretary
ATTEST:
La ne Rieb, Chair
CONFLICTS OF INTEREST
I. CONTRACTS - A CITY COUNCIL MEMBER MAY NOT HAVE A
PERSONAL FINANCIAL INTEREST INA SALE, LEASE, OR CONTRACT
WITH THE CITY. (Minn. Stat. ~ 471.87).
A. EXCEPTIONS:
1. Official newspaper if a city council member. owns the only qualifying
Paper.
2. Volunteer fire fighter.
3. Contract with no bids required.
i
B. CONTRACTS NOT REQUIRING BIDS.
1. Resolution by the city council finding the contractprice is as low or
lower than the goods could be obtained elsewhere.
2. Affidavit by city council member:
(a) the name of the officer and the office held by the officer;
(b) an itemization of the commodity or services furnished;
(c) the .contract price;
(d) the reasonable value;
(e) the interest of the officer in the contract; and
i
(fl that to .the best of the officer's knowledge and belief the
contract price is as low as, or lower than, the price at which
the commodity or services could be obtained from other
sources..
C. ABSTAINING FROM VOTING DOES NOT ALLOW THE CONTRACT
TO BE MADE.
D. .PENALTY. Violation of the prohibitions on contracting with the city is a
gross misdemeanor punishable by a fine up to $3,000 and imprisonment for
up to one year.
II. CONFLICTS OF INTEREST IN NON-CONTRACT SITUATIONS.
A. ANY OFFICIAL WHO HAS PERSONAL FINANCIAL INTEREST IN A
NON-CONTRACT ACTION IS GENERALLY DISQUALIFIIED FROM
PARTICIPATING IN THE ACTION.
B. THE COURTS BALANCE THE FOLLOWING FACTORS:
• nature of decision
• nature of financial interest
•
2
• number of interested officials
• the need for the interested official to make .the decision
• other .means available
C. TYPICAL CONFLICT ISSUES:
• voting on your own salary OK
• voting on the valuation of property your own PROIiIBITED
• voting on a public improvement that affects your own property
DEBATABLE. Depends upon circumstances.
• zoning issues
- if it is community wide OK
-.specific to .our ro NO
Y P PertY
• licenses and permits NO
• affecting a church. you belong. to OK
• voting concerning a fraternal organization you belong to OK
• voting on a plat or zoning :issue where .you will have a financing
interest NO
• voting on a business competitor's. proposal DEPENDS UPON
THE CIRCUMSTANCES.
•
3
D. ABSTAINING REDUCES THE SIZE OF THE COUNCIL FOR THE
REQUIRED .VOTES TO PASS.
III. SAFE HARBOR.
A. IF YOU HAVE AN ACTUAL OR POTENTIAL FINANCIAL INTEREST
IN A .DECISION TO BE MADE, DISCLOSE. THE CONFLICT,
ABSTAIN FROM VOTING, AND DON'T PARTICIPATE IN THE
DISCUSSION.
B. IF YOU HAVE ANY CONCERNS, DISCUSS IT WITH THE CITY
• ATTORNEY.
C. AVOID EVEN THE APPEARANCE OF A CONFLICT.
4
.A
r^
OPEN MEETING LAW
..(Minn.. Stat. ~ 471.705)
I. SUBJECT TO A FEW EXCEPTIONS, ALL MEETINGS OF THE CITY
COUNCIL AND CITY COMMITTEES MUST BE OPEN TO THE PUBLIC.
II. WHAT CONSTITLT'I'ES A MEETING?
A meeting exists when a quorum of the city council (3 members) are together and:
A. Make a decision concerning city business; or
B. Discuss. city business; or
C. Obtain information on city business.
•
III. SERIAL COM11Ri71VICATIONS ARE PROHIBITED.
IV. NOTICE REQUIREMENTS.
A. .Regularly scheduled meetings on your adopted meeting schedule require no
additional notice.
B, Special meetings require mailed and posted notice at least three days before
the day of the meeting.
C. Emergency meetings - as much notice as possible.
.t?
V. .CLOSED MEETINGS
A. Labor negotiations.
B. Threatened or pending litigation.
C. Preliminary consideration of charges against an employee.
D. Notice of the meeting is required stating why the meeting will be closed and
the subject of the meeting.
VL PENALTIES
A. $300.00 per occurrence for an intentional violation.
B. Three intentional violations in three separate actions can result in removal
from office.
• C. Attorney's fees up to $13,000.00
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.GIFT LAW
(Minn. Stat. ~ 471.89
"An interested person may not give a gift or request another to give a gift to a .local
official. A local official may not accept a gift from an interested person. "
• Local Official means an elected or appointed. official of a city.
• Interested Person means a person who has a direct financial interest in a decision
that a local official is authorized to .make.
• G~i
t, means money, real or personal property, a service or loan, forgiving a debt,
or a promise of future employment without the giver being paid equal value.
ExceptlOnS:
- campaign contributions
- plaques or mementos recognizing. service
- trinket of insignificant value
- food if you appear to make a speech
- gifts given because of your membership in a group , a majority of whose
members are not local officials
- gifts by a member of your family