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HomeMy WebLinkAbout03-21-11CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 21, 2011 Mayor Bellows called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Present: Mayor Mark Bellows Council Member Laurie Rieb Council Member Kerrin Swecker Council Member Matt Little Council Member Colleen LaBeau Also Present: Roger Knutson, City Attorney Steve Mielke, City Administrator Tom Vonhof, Police Chief Keith Nelson, City Engineer David Olson, Community & Economic Development Director Dennis Feller, Finance Director Daryl Morey, Planning Director Steve Michaud, Parks & Recreation Director Charlene Friedges, City Clerk Citizens' Comments Robert Nichols, 20532 Javelin Circle, expressed his support for keeping Lakeville's off -sale liquor operation, which he believes serves a valuable role in the community. Kevin Delk, 21355 Heywood Avenue, stated he owns a business in Lakeville and expressed appreciation that the City Council is making good decisions for the community. Charlie Gerk, 20920 Idaho Avenue, stated he feels the City Council is doing a good job, but he reminded them that they can always do better. Presentations /Introductions Ace Hardware & Paint was featured as the Spotlight on Business. Economic Development Commission member Jim Emond, Sr. introduced owner Dean Simon. Chief Vonhof and Kathy Lewis announced that Lakeville has successfully achieved the Heart Safe Community designation by developing and CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 21, 2011 Page 2 implementing a community action plan that includes providing CPR with Automated External Defibrillator (AED) training. Kim Harkins, Allina Heart Safe Communities Supervisor, congratulated the City of Lakeville for being designated a Heart Safe Community. She presented to the City Council a plaque and two roadway signs. Chief Vonhof recognized Police Officers Adam Stier and Brad Wubben for their efforts in improving traffic safety in Lakeville. He presented to Officers Stier and Wubben the Mothers Against Drunk Driving (MADD) Law Enforcement Outstanding Service Award for 2010. Chief Vonhof presented the February Police Department monthly report. Steve Michaud presented the February monthly report of the Parks & Recreation Department. Consent Agenda 1 1.17 Motion was made by Little, seconded by LaBeau to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the March 7, 2011 City Council meeting and the February 28, 2011 Council work session. C. Renewal of a tree work license for Oleson's Tree Service. d. Joint Powers Agreement with Dakota County for a one -day household hazardous waste collection event. e. Land Lease Agreement with Miller Farms. f. Instructor agreement with Erica Magnus and performance contracts with New Folk Booking and Travis LeDoyt for the Lakeville Area Arts Center. g. First Amendment to Development Contract and Planned Unit Development Agreement with DMAC Real Estate Management Company, LLC for Clemmer Second Addition. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 21, 2011 Page 3 h. Resolution No. 11-26 receiving bids and awarding contract for 2011 miscellaneous roadway repairs and overlays, Improvement Project 11-01, and Dodd Boulevard trail extension, Improvement Project 10- 02. i. Authorize Barr Engineering Company to prepare amendments to Parts 1 and 2 of the Wellhead and Source Water Protection Plan. j. Resolution No. 1 1 -27 accepting donations to the Police Department. k. Agreement with Tender Care For You, LLC, for foot care services at the Lakeville Senior Center. I. Set a joint meeting of the City Council and Planning Commission to be held on Monday, April 4t", at 6:00 p.m. Roll call was taken on the motion. Ayes, unanimous. Item 7 - Lakeville Court Apartments Richard Hennings, Sand Companies, Inc., requested Council approval of a conditional use permit amendment to allow modifications to the approved site and development plans for Lakeville Court Apartments, located at 20390 Dodd Boulevard. He described the proposed interior and exterior building and site improvements. Planning Director Daryl Morey explained that Lakeville Court Apartments includes 52 workforce rental housing units within seven buildings. The developer plans to make various site improvements, including additional off - street parking spaces, a new storage building and exterior trash enclosure, basketball court and picnic area, and additional landscaping. A rain garden will be established in the existing low area on the north side of the property to reduce erosion and provide treatment and infiltration for the added impervious surfaces. The Planning Commission held a public hearing and unanimously recommended approval subject to six stipulations including the construction of a new six foot tall fence along the south side of the property. 11.18 Motion was made by Swecker, seconded by Rieb to adopt Findings of Fact and a Conditional Use Permit Amendment for Sand Companies, Inc. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 21, 201 1 Page 4 to allow modifications to the approved site and development plans for the Lakeville Court Apartments, 20390 Dodd Boulevard. Roll call was taken on the motion. Ayes, unanimous. Item 8 - Malt -O -Meal Company Conservation Easement Paul Holzhueter, representing Malt -O -Meal Company, provided an overview of the company and its short and long range expansion plans for its facility in the Fairfield Business Campus. The company recently converted existing warehouse space into a two -story office, which requires additional parking and associated drainage. To accommodate this, Malt -O -Meal is requesting the use of a portion of a conservation easement on the 4.5 acres it acquired from New Morning Windows. Use of the conservation easement would also allow the company an opportunity to construct additional office space in the future. He indicated that Malt-0- Meal Company officials have responded to neighborhood concerns regarding the use of the conservation easement. They have revised their site plans with additional buffers, addressed parking lot lighting concerns and agreed to limit the size of the future building to two stories. Stephen Mastey, Landscape Consultant, and Kevin Rolfes, Design Consultant, stated the company's main objective for their expansion plans is to preserve the buffer area along the north property line. They are also proposing to enhance the buffer area by strategically planting some large evergreen trees. They explained that the proposed lighting, the building and parking lot setbacks, and the additional landscaping would exceed the City's zoning ordinance requirements. In response to Council Member LaBeau's concerns that the large evergreen trees may not survive, they indicated that they are cognizant of the soil conditions and have chosen a species that does well in this type of soil and this climate. Also, the trees will be under warranty and will be replaced if needed. Mr. Olson discussed the existing parking layout and the recommendation of the Planning Commission to maintain a consistent 50 -foot parking lot setback along the entire north property line. He also explained that the City approved a parking deferment agreement last fall with the company's phase II remodeling, providing Malt -O -Meal additional time to bring forward their short and long range expansion plans. He pointed out CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 21, 2011 Page 5 that parking for the phase II expansion could have been accomplished without utilizing the conservation easement; however, it would have precluded any future building expansion on the property. The Planning Commission held a public hearing on the request to vacate the conservation easement and recommended denial. At the advice of the City Attorney, the Planning Commission recommends the City Council consent to conduct certain activities within the conservation easement, subject to several conditions and restrictions, as allowed by the existing conservation easement document. Richard Henderson, 20664 Jutland Place, stated that while he feels the revised site plan is a step in the right direction, he hopes there is more room for compromise, as he feels all possible alternatives to minimize the impact on the conservation easement have not been adequately explored. Jim Reitter, 20690 Jutland Place, quoted selected provisions in Minnesota Statute, the City of Lakeville 2008 Comprehensive Plan and the City Code with respect to conservation easements. He asked why the plan and layout submitted by Malt -O -Meal that does not impact the conservation easement has not been mentioned or included in the Planning Commission or City Council handouts. He also asked what specific State Statute, Comprehensive Plan or City ordinance justifies the recommendation and decision to violate the intent of the conservation easement. City Attorney Roger Knutson quoted a provision in the existing conservation easement document, which allows the things that would otherwise be prohibited by the conservation easement to take place with the written consent of the City. Mayor Bellows questioned the number of parking stalls identified on the site plan and whether that number exceeds the company's needs. He indicated that he would be willing to consider a variance on the parking. Mr. Olson stated the proposed parking is within 10 stalls of the zoning ordinance requirements. In response to Mr. Reitter's question, Mr. Olson explained that the site plan submitted by Malt -O -Meal last fall with their phase 11 expansion plans and CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 21, 2011 Page 6 parking deferment application does not impact the conservation easement; however, it would preclude any future growth and potential building expansion on the site. 11.19 Motion was made by Swecker, seconded by LaBeau to approve Resolution No. 1 1 -28 concerning consent to conduct certain activities within a conservation easement. Roll call was taken on the motion. Ayes, unanimous. Item 9 - Resolution Amending the 2011 Budget Mr. Feller presented a resolution which reflects the 2011 budget adjustments as directed by the City Council at the February 28, 2011 work session. The total reduction in the 2011 budget is $132,322. Council Member LaBeau recommended that the resolution be revised to eliminate the $23,650 transfer from the Liquor Fund to the General Fund for the Police Department Records Technician position. She stated she feels that line item expenditure should remain in the General Fund. She further stated she would support the resolution, recognizing that the Council's work on the budget has not been completed and further adjustments can still be made. 11.20 Motion was made by LaBeau, seconded by Little to approve Resolution No. 11 -29 amending the 2011 budgets, with a revision that $23,650 for the Records Technician position come out of the General Fund instead of the Liquor Fund. Roll call was taken on the motion. Ayes, unanimous. Unfinished business - none New business - none Announcements - Open House on the County Road 50 and 60 Intersection - March 22nd Senior Center Belgian Waffle Breakfast - April 3rd City Council Work Session - March 28th Next regular City Council meeting - April 4th CITY OF LAKEVILLE COUNCIL MEETING MINUTES MARCH 21, 2011 Page 7 Mayor Bellows adjourned the meeting at 9:22 p.m. Respectfully submitted, YW Charlene Friedges, ( y Clerk Mark Bellows, Mayor