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HomeMy WebLinkAbout06-01-09CITY OF LAKEVILLE COUNCIL MEETING MINUTES JUNE 1, 2009 Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Present: Mayor Holly Dahl Council Member Mark Bellows Council Member Kerrin Swecker Council Member Laurie Rieb Also Present: Roger Knutson, City Attorney Steve Mielke, City Administrator Tom Vonhof, Police Chief Keith Nelson, City Engineer David Olson, CED Director Dennis Feller, Finance Director Steve Michaud, Parks & Recreation Director Chris Petree, Operations & Maintenance Director Daryl Morey, Planning Director Brian Anderson, Assistant to City Administrator Charlene Friedges, City Clerk Additional agenda information None Presentations/Introductions Mr. Petree presented the May monthly report of the Operations & Maintenance Department. Mr. Mielke recognized Assistant to City Administrator Brian Anderson, who has accepted the position of City Administrator with the City of Newport, Minnesota. Mr. Anderson will begin his new position on June Stn. Citizens' Comments None Consent Agenda 09.33 Motion was made by Bellows, seconded by Swecker to approve .the consent agenda items as follows: a. Claims for payment. CITY OF LAKEVILLE COUNCIL MEETING MINUTES JUNE 1, 2009 Page 2 b. Minutes of the May 18, 2009 City Council meeting and the May 27, 2009 special Council meeting. c. Receive minutes of the May 21St Planning Commission meeting and the May 20t" Parks, Recreation & Natural Resources Committee meeting. d. Acknowledge receipt of Lakeville Arenas 2010 Budget. e. Approval of ALF Ambulance 2010 Budget. f. Resolution No. 09-38 authorizing the sale of city. vehicles and a forfeited vehicle. g. Temporary on-sale 3.2~ malt liquor license for Lakeville Lions to conduct their annual Pan-O-Prog events at the Lakeville VFW. h. Resolution No. 09-39 approving the final plat of Shady Oak Grove Third Addition; Resolution No. 09-40 vacating public right of way and drainage and utility easements; and one year extension of the Shady Oak Grove Second Addition preliminary plat. One year extension of the Spirit of Brandtjen Farm 3rd Addition preliminary plat. j. Conditional use permit amendment to allow an existing detached accessory building to remain following the subdivision of the property located at 12299 Lucerne Trail k. Resolution No. 09-41 authorizing infrastructure improvements for the Safe Routes to School program and authorizing SRF Consulting Group, Inc. to prepare plans and specifications. Roll call was taken on the motion. Ayes, unanimous. Item 7 -Ordinance Adopting Fees .Mayor Dahl opened the public hearing to consider a fee schedule amendment by ordinance pursuant to Minnesota Statutes 462.353, subdivision 4, and Minnesota Rules 1300.0160, subp. 2. The City Clerk attested to legal notice publication. CITY OF LAKEVILLE COUNCIL MEETING MINUTES JUNE 1, 2009 Page 3 Mr. Feller presented the proposed amendments to the fee schedule, which include fees for building permit activities and planning activities. He pointed out that building permit fees have not increased since 1999. The building permit fees, as proposed, remain to be the lowest of any city in Dakota County. Several planning and zoning fees are also proposed to be increased, based on the approximate cost of providing the service. There. are also proposed increases in escrows, which are meant to protect the City and taxpayers. Mayor Dahl opened the public hearing to questions and comments from the audience. Todd Bornhauser, Executive Director of Lakeville Area Chamber of Commerce, stated he was not aware of the proposed fee schedule amendment and, therefore, does not have an official statement regarding .the proposed fees from the Chamber members. He expressed disappointment that the Chamber of Commerce and the Economic Development Commission were not given an opportunity to review and comment on the proposed fees. Mike Suel, DR Horton Homes, stated he was also unaware of the proposed fee schedule amendment and requested the ordinance be delayed to allow an opportunity to meet with City staff to discuss the rationale behind the proposed increases. He questioned the timing, as fee schedule amendments are normally effective on January 1St. 09.34 Motion was made by Bellows, seconded by Rieb to close the .public hearing on the consideration of an ordinance adopting fees. Roll call was taken on the motion. Ayes, unanimous. Mr. Feller explained that the City Council held discussions regarding these proposed fees in the summer and fall of 2008. It was decided at that time to complete the first quarter budget adjustments before implementing the adjusted fee schedule. Mayor Dahl suggested that City staff and the Chamber of Commerce find ways to improve communication with the Chamber and development community on future matters such as this. CITY OF LAKEVILLE COUNCIL MEETING MINUTES JUNE 1, 2009 Page 4 Council Member Bellows stated that in light of the fact that building and development activity is at an all-time low, this is an opportune time to continue the dialogue with those who may be affected by the proposed fees. Council Member Bellows asked Mr. Bornhauser for a list of businesses that have left the City or gone out of business in the past two years. 09.35. Motion was made by Bellows, seconded by Rieb to table consideration of an ordinance adopting. fees and direct staff to have a dialogue with the Chamber of Commerce, Economic Development Commission and the business community and report back to the City Council at a future work session.. Roll call was taken on the motion. Ayes, Dahl, Rieb, Bellows. Nay, Swecker. Council Member Swecker stated she feels the proposed fees are reasonable. Item 8 -Conditional Use Permit / 12428-167th Street West The applicant, Mrs. Laura Miler, addressed the City Council regarding Stipulation 3 of the conditional use. permit that requires the removal of the existing platform pool deck from the drainage and utility easement. She requested permission to keep the platform deck in their yard, as it has no foundation and can be easily moved if necessary. She explained that the platform- is at ground level and sits on a drain field. The platform allows her family to use the space next to their pool as a sitting area. Mr. -Morey presented the conditional. use permit request to allow more than one detached accessory building and to allow one detached accessory building to be greater than 15 .feet in height. The request includes the construction of two new detached accessory buildings. Mr. Morey explained that the platform pool deck structure lies within an existing drainage and utility easement. When reviewing a conditional use permit request, City staff must consider existing non-conformities on the property. The ordinance states that structures may not encroach upon a drainage and utility easement; therefore,. staff recommends that the platform pool deck structure be removed. Mr. Morey stated the Planning Commission held a public hearing on the conditional use permit request and recommended approval subject to 11 CITY OF LAKEVILLE COUNCIL MEETING MINUTES JUNE 1, 2009 Page 5 stipulations. Three of the 11 stipulations recommended by staff were amended by the Planning Commission. They related to the height of the detached garage, additional landscaping (evergreen trees) along the south property line, and screening of the existing pool equipment.. Mr. Morey stated the applicant has revised the site plan to include the pool equipment screening as recommended. Council Member Swecker stated that because the ordinance requires the pool deck structure be removed; she would not be willing to grant the applicant's request to keep the platform deck. Council Member Swecker stated she feels the recommended 24 foot height for a detached garage in a sewered residential area is excessive and supports the 20 foot height as recommended by City staff. She suggested the Planning Commission be directed to review the zoning ordinance requirements for accessory building height, as the ordinance does not give direction as to what an appropriate maximum height should be. Mr. Morey stated one of the points the Planning Commission could look at is how the height. of accessory buildings is measured as required by the zoning ordinance. Mayor Dahl stated she would support the 24 foot height as proposed by the Milers. Mr. Mielke asked Mr. Morey to explain the logic behind not allowing structures to encroach on an easement. Mr. Morey explained that if there are utilities within the easement, the City or a private utility company would have to deal with removing the structure in the event work needs to be completed within the easement area. The City Attorney suggested the Council could. stipulate in the conditional use permit that the platform pool deck must be removed, unless the property owner enters into an encroachment agreement with the City, taking full responsibility for removal of the deck if necessary. Mrs. Miler stated she would be willing to enter into an encroachment agreement with the City as described. Mr. Mielke suggested that the Planning Commission and. City staff explore this approach on a policy basis and do some research on what other CITY OF LAKEVILLE COUNCIL MEETING MINUTES JUNE 1, 2009 Page 6 cities allow for encroachments into public easements and the type of agreement that would be necessary. 09.36 Motion was made by Rieb, seconded by Bellows to adopt Findings of Fact and a Conditional Use Permit to allow more than one detached accessory building and one accessory building to be more than 15 feet in height on property located at 12428 - l 67t" Street West, with a modification to 3c that the existing platform pool deck shall be removed from the drainage and utility easement by October 1, 2009, unless the City enters into an encroachment agreement with the property owner to allow the platform pool deck to remain. Roll call was taken on the motion. Ayes, unanimous. The City Council directed-staff and the Planning Commission to review the accessory building height requirements of the zoning ordinance and also look at allowing. encroachments into drainage. and utility easements for certain structures through an encroachment agreement. Item 9 -Joint Powers Agreement /Cedar Avenue Transitway Kristine Elwood, Dakota County Transportation Department, presented the Joint Powers Agreement with Dakota County for final design of Cedar Avenue between the proposed 181St Street Park and Ride Station to the City of Lakeville's northern city limits at CSAH 46. Necessary improvements along Cedar Avenue -have been identified to improve corridor mobility and maximize the movement of people along the corridor. She explained that improvements along Cedar Avenue will involve widening of the shoulders to accommodate buses and several access modifications. The existing traffic signal at Dodd Boulevard will be removed following the realignment of Dodd Boulevard to 1791h Street. Prior to that realignment, traffic signals will be installed at Glacier Way and Griffon Trail. The traffic signal at 162nd Street is not warranted and will be removed, and a partial access will be constructed at this intersection. The preferred alternative is CSAH 46 and Granada Avenue; however, a signal is not currently warranted at this intersection but would be installed when certain conditions are met. A letter from Paster Enterprises was received by the City asking for additional assurances that the signal would be installed at CSAH 46 and Granada Avenue when warranted. Mr. Mielke suggested that the CITY OF LAKEVILLE COUNCIL MEETING MINUTES J U Nf 1, 2009 Page 7 concerns of Paster Enterprises could be addressed in later agreements with the County if deemed appropriate by the City Council and County Board. Ms. Elwood stated an implementation plan would be completed by October of 2009. Roadway construction would begin in 2010, and station to station service would be operational by the year 2012. 09.37 Motion vvas made by Swecker, seconded by Rieb to approve the Joint Powers Agreement between the City of Lakeville and Dakota County for final design of the Cedar Avenue Transitway, Improvement Project 08-12. Roll call was taken on the motion. Ayes, unanimous. New business None Announcements: • Planning activities are moving forward on 4th of July and Pan-O- Prog celebrations • "Warrior to Citizen" committee efforts are progressing. The purpose is to demonstrate support to those who have served our country in the military • Next Regular City Council. meeting, June 15, 2009 Mayor Dahl adjourned the meeting at 8:45 p.m. Respectfully submitted, f`` 'a ~,~ Charlene Friedges, i y Clerk