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HomeMy WebLinkAbout09-18-06 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2006 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 Bellows, Wulff, Rieb, Luick and Mayor Johnson. Also present: S. Mielke, City Administrator; R. Knutson, City Attorney; K. Nelson, City Engineer; D. Feller, Finance Director; D. Morey, Planning Director; T. Vonhof, Interim Police Chief; S. Michaud, Parks and Recreation Director; D. Volk, Director of Operations & Maintenance; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the September 5, 2006 City Council meeting were approved as presented. • STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None PARKS & RECREATION DIRECTOR: Steve Michaud presented the August Parks & Recreation Department monthly report. INTERIM POLICE CHIEF: Tom Vonhof presented the August Police Department monthly report. SPOTLIGHT ON BUSINESS Economic Development Specialist Adam Kienberger presented information on BTD Manufacturing and introduced CFO Dave Welte and Performance Tool & Die General Manager Craig Rix. .PRESENTATIONS/INTRODUCTIONS None CITIZENS COMMENTS None • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER I8, 2006 Page 2 • CONSENT AGENDA 06.72 Motion was made and seconded 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 7,.2006 Parks Recreation & Natural Resources Committee, September 6, 2006 Economic Development Commission, August 29, 2006 d. Receive application of Rocky's Bar and Grill, Inc. for an on-sale 3.2% malt liquor and wine license at 8275 210t" Street West, and call a public hearing to be held on October 2, 2006. e. Resolution No. 06-143 approving plans and specifications and • setting a bid date for Bid Package #1, Ice Arena project. f. Resolution No. 06-144 receiving bids and awarding contract for Well No. 18, Improvement Project 06-15. g. Letter of Understanding with the League of Minnesota Cities for membership in the Minnesota Cities Stormwater Coalition (MCSC). h. Agreements .for recreation program services with Dan McHugh, Tom .Malone, Shelly Gaetr, Glen Morgan, Kim Maxwell and Larry Ablin. i. Minnesota ReLeaf Grant Agreement with the Minnesota Department of Natural Resources. j. Agreement with Wings of the North allowing removal of jet engine and ejection seat from F86-H Sabre Jet for historical display. k. Agreement with Dakota Valley Symphony for 10 performances at the Lakeville Area Arts Center. during the 2006-2007 Season. • C17Y OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2006 Page 3 • I. Resolution No. 06-145 vacating a public drainage and utility easement at McGuire Middle School, 21220 Holyoke Avenue. m. Special home occupation permit for Susan Kewley to operate a massage therapy business at 10150 - 205t" Court West. n. Addendum to the Chadwick Commercial Second Addition development contract. o. Final acceptance of public utilities in Betcher Place. Roll call was taken on the motion. Ayes, unanimous. ITEM 9 Wally Johnson, President of Stonebridge Companies, requested Council. approval of the Kenyon Woods preliminary and final plat, located north of 185t" Street and west of Kenyon Avenue and Interstate 35. Kenyon Woods consists of a three-story apartment building with a total of 76 • units. Mr. Johnson explained that these apartments are designed so that they could easily be converted to condominiums in the future if the market changes to favor condominiums over apartments. .Gary Vogel of BKV Architects presented aerial photos and architectural drawings of the building design and site layout, site access. and parking. He explained that access to the building will be from two private driveways off of Kenyon Avenue. He presented virtual photographs showing the view of the site from the existing Prairie Lake townhomes according to the proposed building design and tree preservation plan. Mr. Vogel indicated that in response to concerns raised by the: neighboring residents at the public hearing, .they plan to enhance the exterior building materials to provide a more residential and uniform appearance. Associate Planner Allyn Kuennen, presented the staff report for- Kenyon Woods. He explained that the property is zoned RH-1, Multiple Family Residential, and has been zoned for multiple family residential development since 1969. The property was platted as an outlot with the Prairie Lake development in 2002. Two apartment buildings were shown conceptually on the Prairie Lake preliminary plat, and .the future apartments were included in the EAW that was completed for the Prairie • Lake development. There is a large wetland area that borders the site to the west within a separate outlot owned by .the City, which will remain CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER I8, 2006 Page 4 • undisturbed by the Kenyon Woods development.. Park dedication requirements were met with the plat of Prairie Lake 1~ Addition; therefore, no additional park dedication is required for this plat. In conjunction with the preliminary and final plat, the developer is requesting a conditional use permit to allow the building height to exceed the 35 foot building height requirement by eight feet, 10 inches. This will allow the building to be constructed with a gabled roof to provide increased building aesthetics and a better fit with the architecture of the surrounding area. Mr. Kuennen explained that the project includes a total of 109 parking stalls, including underground parking. A variance is being requested, as recommended by staff, to allow a portion of the proposed parking lot to be constructed eight. feet into the front .yard setback adjacent to Kenyon Avenue. The proposed parking lot design eliminates originally proposed parallel and compact parking stalls and provides more. parking closer to the front door of the building. It also provides extra space at each access point for improved on-site traffic flow and safety. The tree preservation plan identifies 371 significant trees and proposes to • save 112 (30%) of the significant trees. The landscape plan for Kenyon Woods is similar to the landscape plan for the Emerald Professional Center southwest of this site and will maintain a consistency in landscaping along the Kenyon Avenue corridor. Mr. Kuennen reported that the proposed preliminary and final plat, conditional use permit and variance meet all requirements of the City's .zoning and subdivision ordinances. The Planning Commission adopted Findings of Fact and Recommendation in support of the conditional use permit and variance. Planning Director Daryl Morey provided a detailed overview of the discussion that took place at the Planning Commission's public hearing held on August 17, 2006. Approximately 50 neighboring residents attended the public hearing, and 21 residents addressed the Planning Commission with concerns and questions. about the .project. Mr. Morey outlined the various questions and concerns raised by the residents and the Planning Commission's and staff's responses to them. In response to one of the concerns raised, Mr. Morey explained that the City's Capital Improvement Plan (CIP) currently does not include a trail • connection along Kenyon Avenue between Kerrville Trail and 185t" Street. Staff is recommending the City Council consider adding this trail CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2006 Page 5 .connection to the 2007 CIP to provide a safer. pedestrian connection to 185t" Street and the retail uses on the east side of I-35. City Attorney Roger Knutson explained that this property has been zoned for .multiple family residential development since 1969 and has been guided as such for many years. He pointed out that numerous public meetings had been .conducted on the City's current .comprehensive land use plan and zoning ordinance. He stated the decision as to whether or not this property is properly zoned has already been made, and that is not an issue for the City Council to consider at this time. The City Council must consider, at this time, whether this project meets the standards of the City's zoning and subdivision ordinances. If it does, he stated, there is no reason to deny this project. Mayor Johnson thanked the residents for expressing their concerns related to this project and .the professionalism they exhibited in addressing the Planning Commission and City Council Council. Member. Luick asked if the southern access driveway to this • development could be designated right in/right out only to help control traffic. Mr. Morey stated the City's traffic consultant previously reviewed the proposed site design and recommended the driveway accesses as proposed. Kenyon Avenue, in its current design, should adequately handle traffic until at least the year 2020. Council Member Rieb asked what steps the City should take to accomplish the trail connection on Kenyon Avenue between 185t" Street and Kerrville Trail. Mr. Morey stated the Planning Commission urged staff to bring forward a recommendation to the City Council to include the trail connection project in the 2007 CIP. Council .Member Wulff asked if additional trees will be planted to buffer - the parking lot. Mr. Vogel stated there are a number of .trees that will be preserved along the .northeast corner of the site. The developer intends to save every tree they possibly can and may need to construct a retaining wall to help accomplish that. Mr. Johnson stated they would have no problem with planting additional trees in the northeast corner of the site. 06.73 Motion was made and seconded to receive the Planning Commission's • Findings of Fact and Recommendation and approve. Resolution No. 06-146. approving the preliminary and final plat of Kenyon Woods, a conditional CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2006 Page 6 use permit to allow building height in excess of 35 feet and a variance for parking lot setback; and direct staff to include the construction of a trail connection on Kenyon Avenue between 185tH Street and Kerrville Trail in the 2007 Capital Improvement Plan. Roll call was taken on the motion. Ayes, unanimous. ITEM 10 Richard Wiebe of Westwood Professional Services requested Council approval of Timbercrest at Lakeville 4th Addition, located north of 185tH Street and east of Orchard Trail. He stated the developer, Avalon Group, is proposing to construct a 45,000 square foot Best Buy electronics store on Lot 1. Associate Planner Allyn Kuennen presented the planning report for Timbercrest at Lakeville 4tH Addition. The site is zoned Planned Unit Development and is subject to the C-3 District performance standards consistent with the previously approved PUD for Timbercrest at Lakeville. Access to this site will be from a new private drive off of Orchard Trail Construction of the Best Buy store will include 225 parking stalls, as required by the zoning ordinance. Best Buy is proposing one 375.4 square foot Best Buy wall sign and one 50 square foot Magnolia Home Theater wall sign above the entrance to the building. Best Buy is also proposing to add a 100 square foot sign below the existing Super Target pylon. sign along Interstate 35. The proposed signage is consistent with the Timbercrest at Lakeville PUD. The Planning Commission held a public hearing and unanimously recommended approval of Timbercrest at Lakeville 4tH Addition, subject to 13 stipulations .listed in the August 10, 2006 planning report. 06.74. Motion was made and seconded to approve Resolution No. 06-147 approving the preliminary and final plat of Timbercrest at Lakeville 4th Addition and Resolution No. 06-148 vacating public drainage and utility easements. Roll call was taken on the motion. Ayes, unanimous. ITEM 11 • Planning Director Daryl Morey presented, on behalf of the City of Lakeville, the proposed preliminary and final plat of Valley Lake i~t CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER I8, 2006 Page 7 Addition. He explained that the City is proposing to construct an 11,430 square foot liquor store on two acres of land owned by the City on the south side of 160t" Street at Galaxie Avenue. This new store will replace Liquor Store #3 located at 161St Street and Cedar Avenue. The liquor store site is located adjacent to Valley Lake Park. It has been designed to provide extensive buffering of the proposed commercial use from the existing single family homes to the south through the construction of six to 12 foot tall heavily landscaped berms on the south side of the lot. The location and orientation of the parking lot, loading areas and customer entrance will be on the north side of the lot, away from the existing single family homes. Access to the liquor store will be exclusively from .the CSAH 46/Galaxie Avenue intersection, and the Valley Lake Park driveway access will be relocated to the CSAH 46/Garrett Path intersection. Mr. Morey explained that establishment of a Planned Unit Development district for Valley Lake 1St Addition will ensure that any potential future reuse of the building or site will be compatible with the existing single family homes to the south. • The Planning Commission held a public hearing and unanimously recommended approval of the Valley Lake 1St Addition preliminary and final plat and PUD rezoning. Area residents were invited to a neighborhood meeting on March 28t" and. the Parks, Recreation & Natural Resources Committee meeting on May 8t", where the proposed liquor store development and Valley Lake Park improvements were presented. As a result, there were no questions or comments at the public hearing. 06.75 Motion was made and seconded to receive the Planning Commission's Findings of Fact and Recommendation and approve Resolution No. 06-149 approving the preliminary and final' plat of Valley Lake 1St Addition and Ordinance No. 811 establishing a Planned Unit Development .District for Valley Lake 1St Addition. Roll call was taken on the motion. Ayes, unanimous. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS: Next Regular Council meeting, October 2, 2006 • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2006 Page 8 Mayor Johnson adjourned the meeting at 8:43 p.m. Respectfully submitted, Charlene Friedges, City r Robert D. Joh ,Mayor •