HomeMy WebLinkAbout03.07.94 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
MARCH 7, 1994
1. Mayor Kuchera called the meeting to order at 7:00 P.M..
Members Present: Kuchera, Ristow, Orr, Rotty, Galler.
Members Absent: None.
Also Present: Administrator Thompson, Attorney Grannis.
2. Mayor Kuchera led the Council and audience in the Pledge of
Allegiance.
3. MOTION by Rotty, second by Orr to approve the agenda with the
following changes:
a. Remove item 5a - Minutes - from the consent agenda for
discussion.
b;Remove item 51 - Sidewalk and Trail Policy - from the consent
agenda for general discussion.
c. Remove item 5n - Fire Hall Expansion - from the consent agenda
for general discussion.
d. Remove item 5q - Westview Drainage Feasibility Study - from the
consent agenda for general discussion.
APIF, MOTION CARRIED.
4. Citizens Comments. None.
5. MOTION by Rotty, second by Ristow to approve the Consent Agenda
as follows:
a. Adopt RESOLUTION NO. R20-94 authorizing the preparation of a
feasibility report for 1994 Sealcoating.
b. Approve new Fire Department members - Ron Lindstrom, Jeff
Smith, Bob Ellingsworth.
c. Receive Annual Sewer Use Report.
d. Approve hiring of Civil Engineer I - Richard Schindler per memo
dated March 4, 1994.
e. Approve School/Conference Request - OSHA Course - Fire
Department.
f. Approve School/Conference Request - Fire/Rescue Sectional
School.
g. Approve 1994 AFSCME Labor Agreement.
h. Set Public Hearing - March 21, 1994 at 8:00 P.M. - Consider
Transfer of CATV Franchise.
l. Approve Capital Outlay Request - cellular phone for Fire
Department - $382.34.
j. Classify tax forfeited lands as nonconservation - Hillview 5th
Addition.
k. Approve Capital Outlay Request - Administrator's office
furniture - $5,418.08.
1. Approve Capital Outlay Request - trash pump - Public Works.
m. Approve School/Conference Request - LMC Legislative Meeting.
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Council Minutes - 3/7/94 - Page 2
n. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
6. February 22, 1994 Minutes. MOTION by Galler, second by Rotty
to amend the minutes of February 22nd with the following
corrections:
a. Paragraph 4 - Dave Pettis rather than Dale Pettis.
b. Paragraph 21 - Motion should indicate that Councilmember Ristow
abstained.
APIF, MOTION CARRIED.
7. Sidewalk and Trail Policy. Questions/Comments:
- Is the City locked into all proposed sidewalks and trails? No.
- Twelve foot primary trail? Recommended by Parks and Recreation
Director.
MOTION by Galler, second by Orr to approve the Sidewalk/Trail
policy as presented. APIF, MOTION CARRIED.
8. Fire Hall Expansion. Tabled until later in the meeting.
9. Westview Drainage Project. City Engineer Kaldunski presented a
brief overview of the proposed study area. Discussion followed
regarding the project. MOTION by Rotty, second by Orr to adopt
RESOLUTION NO. R21-94 authorizing a feasibility study relating to
the Westview area drainage. APIF, MOTION CARRIED.
10. Southern Car Cruisers. Tabled until the next regular meeting.
11. Budget Impact - Early Hire of Police Officer. (Memo dated
March 4, 1994) Concern was expressed regarding the unfunded costs
balanced against safety. It was agreed that the Chief should
further study funding and report back at the next meeting. The
Chief should stay on track for an early hire until the Council
reaches a final decision.
12. Westview Townhome Preliminary Plat
Lot Building Coverage in R-3 Districts.
public hearing. Administrator Thompson
the project noting:
Public Hearing/Increasing
Mayor Kuchera opened the
presented an overview of
a. the zoning ordinance would need to be amended to increase lot
coverage from 20% to 30% (4/5 vote);
b. traffic concerns;
c. access onto Hickory Street;
d. proposed housing types; and
e. drainage requirements.
Council Minutes - 3/7/94 - Page 3
2,19
Engineer Kaldunski presented an overview of the proposed drainage
systems and Clean Water Act requirements. The following testimony
was heard:
Cm. Galler:
Are these ponds used in other
developments?
Eng. Kaldunski:
Yes, Riverside, East Farmington and
Prairie Creek.
Cm. Rotty:
What will the ponds look like?
Eng. Kaldunski:
Swales which would hold water only
during rain events.
Cm. Rotty:
Are there any legal problems with the
change? (2 less units.)
Atty. Grannis:
No problem.
Cm. Ristow:
Who will maintain the drainage
easements?
Eng. Kaldunski:
The City.
Herb Nivala:
What is the rear yard setback?
Eng. Kaldunski:
Approximately 10 feet. That is
adequate space to build a swale.
Herb Nivala:
Aren't the driveways too close to the
intersection?
Eng. Kaldunski:
It occurs in other places in the
City.
Herb Nivala:
It will make the intersection
dangerous.
Eng. Kaldunski:
I've recommended a 4 way stop.
Joel Scheving:
Visitors would have to park on the
street.
Eng. Kaldunski:
Hickory Street was designed for on
street parking.
Steve Swenson:
How is lot coverage calculated?
Adm. Thompson:
By building area.
Terry Stapf:
Francis Blaha said parking in the
private drive would create a fire
hazard.
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Council Minutes - 3/7/94 - Page 4
Adm. Thompson:
The plat has been reviewed by the
Fire Chief.
Rick Schultz:
Temporary parking would be allowed on
the private drive.
Adm. Thompson:
The Fire Chief can establish fire
lanes if a problem is noted.
Rich Schultz:
There is more space available in
front of my house for parking than in
front of the units.
Dave Pettis: We have been told that Ash Street is
moving 17 feet to the north. Will
the area still accommodate a pond? Also, the pond won't hold 1
foot with an 8" pipe.
Eng. Kaldunski:
The runoff going into the pond would
exceed an 8" discharge.
Dave Pettis:
(Went over his runoff calculations.)
The pond would not handle the runoff.
Eng. Kaldunski:
It won't handle total runoff, but it
will take care of peak runoff.
Steve Swenson:
Only one house in the area is over
20% (presented findings). How big
are the units?
Dennis Griswold: 36 x 42 including the garage (squared
off) .
Joel Scheving: Has the parkland dedication been
established?
Adm. Thompson: The City will take a payment in lieu
of land dedication.
Joel Scheving: Why wasn't the area rezoned when
access was limited on Ash Street?
Adm. Thompson: The entire area was zoned R-3 at one
time. The only changes made in the
area were at owners' requests.
Joel Scheving: It bothers me that the Planner called
the use compatible.
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Council Minutes - 3/7/94 - Page 5
Dennis Griswold: (Reviewed the project.) Densities
could be higher. We are trying to be
a good neighbor and provide a transitional area. We are providing
additional guest parking. (Lengthy discussion on amenities.)
Cm. Orr:
Could you turn the townhomes on the
north to the east?
Dennis Griswold:
It would work, but it would limit
access to the common space.
Cm. Ristow:
How much room do you have from the
driveway to the intersection?
Dennis Griswold:
35 feet.
Cm. Galler:
Can units in the northeast corner be
turned to face the private drive.
John Breckert:
Couldn't it be rezoned to R-2? Why
wasn't the problem corrected when
access was limited.
Terry Stapf:
The neighborhood would be in favor
if.access would be allowed on Ash
Street.
Cm. Orr:
We haven't petitioned it because we
don't have a project yet.
Adm. Thompson:
The County has already turned down
the request.
John Breckert:
If the County won't allow the traffic
on Ash Street, why should it be
allowed onto Hickory?
em. Orr: It is not the amount of traffic but
the access points.
John Breckert: I asked to close down one of the
Westview apartment accesses and not
action was taken. I'm frustrated.
Dennis Griswold: I was at the meeting and the Planning
Commission indicated the closing of
the access was not feasible.
Mayor Kuchera:
Does Ash Street have to be moved to
the north?
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Council Minutes - 3/7/94 - Page 6
Eng. Kaldunski: The road doesn't have to be moved.
We are just obtaining additional
right of way for future road expansion.
Herb Nivala:
Can you move some of the driveways on
Hickory.
Dennis Griswold:
There is a potential.
Rick Schultz:
Try to keep the neighborhood at 20%
Don't chqnge the lot coverage to 30%.
Dennis Griswold:
You would get smaller units on the
site.
Herb Nivala:
Maybe it just doesn't fit on the
site.
Dennis Griswold:
The project fits the zoning and has
over 50% green space.
Steve Swanson:
What is the proposed lot coverage?
Dennis Griswold:
26% without porches, 28% with
porches.
Herb Nivala:
What is the rear yard setback?
Adm. Thompson:
10 feet.
Mayor Kuchera:
Can units ln the northeast be turned.
Dennis Griswold:
They would have to be connected to
the units to the south.
Joel Scheving:
Lakeville has already taken steps to
lower lot densities.
Steve Swanson:
I think anything over 20% coverage is
too much.
MOTION by Galler, second by Orr to close the hearing. APIF, MOTION
CARRIED.
Council Comments:
Cm Galler:
In order to remain consistent with
other zoning, we should go to 30%.
Cm. Rotty:
My concern is neighbors being too
close but I agree with Councilmember
Galler's argument.
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Council Minutes - 3/7/94 - Page 7
Cm. Orr:
I tend to favor 30% in order to be
consistent.
Cm. Ristow:
The major objection seems to be
access onto Hickory.
MOTION by Galler, second by Orr to adopt ORDINANCE NO. 094-328
increasing lot coverage to 30% in the R-3 Districts as recommended
by the Planning Commission. APIF, MOTION CARRIED.
Development -
Cm. Rotty: Four of the six driveways should be
turned to the private drive. I'm not
so sure I agree with the pond on site.
Cm. Galler:
I would recommend units 3 and 4
(Block 1) and units 1 and 2 (Block 5)
drive, the Council ask for a variance
and, at a minimum, get construction
have access onto the private
for the access to Ash Street
access onto Ash Street.
Cm. Orr:
What happens if we downzone?
Atty. Grannis:
You could be exposed to a lawsuit.
You would have to show why it needs
to be downzoned.
A lengthy discussion followed regarding zoning densities and
potential uses. MOTION by Galler, second by Orr to direct staff to
prepare a resolution approving the plat and developer's agreement
addressing the following:
a. units 3 and 4 (Block 1) and Units 1 and 2 (Block 5) have access
on the private drive;
b. stop signs off of private drive;
c. additional landscaping at the intersection to the private
drive;
d. no signage identifying the townhome development;
e. drainage plan that meets all State and Federal regulations;
f. petition County for permanent access to CSAH 74 and close the
Hickory access.
VOTING FOR: Orr, Galler. VOTING AGAINST: Ristow, Kuchera Rotty.
MOTION FAILED.
MOTION by Orr, second by Kuchera to direct staff to prepare a
resolution similar to the aforementioned but to make the plat
contingent upon access onto CSAH 74. VOTING FOR: Orr, Kuchera,
Rotty, Ristow. AGAINST: Galler. MOTION CARRIED.
13. Fire Hall Expansion. MOTION by Rotty, second by Ristow to
approve the funding for the fire hall expansion planning per the
Fire Chief's February 25, 1994 memo. APIF, MOTION CARRIED.
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Council Minutes - 3/7/94 - Page 8
14. Spring Survey. It was decided not to do a Spring Survey.
15. Upcoming Meetings. It was the consensus of the Council to set
the following meetings:
a. East Farmington PUD Workshop - March 17, 1994 at 7:00 P.M..
b. Meeting with Lakeville City Council. Staff to set (in June) .
c. Meeting with ISD 192. Staff to set (noon meeting).
16. Roundtable:
a. Ditch cleaning near North Creek.
b. MOTION by Galler, second by Orr to appoint Councilmember Ristow
to the AWEG. VOTING FOR: Kuchera, Rotty, Galler, Orr.
ABSTAIN: Ristow. MOTION CARRIED.
17. MOTION by Galler, second by Ristow to adjourn at 10:45 P.M..
APIF, MOTION CARRIED.
Respectfully,submitted,
drcT i/~
Larry Thompson
City Administrator
Approved 3/;;LYcrt