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Home My WebLink About12-01-14CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES December 1, 2014 Mayor Little called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Mayor Little; Council Members Davis, Swecker, Anderson, LaBeau Staff Present: Allyn Kuennen, Interim City Administrator; Roger Knutson, City Attorney, Jeff Long, Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Dennis Feller, Finance Director; Brett Altergott, Parks and Recreation Director; Daryl Morey, Planning Director; Charlene Friedges, City Clerk 3. Citizen Comments None 4. Additional Agenda Information None 5. Presentations/Introductions Liquor Manager Brenda Visnovec stated Lakeville Liquors participates each year in the Minnesota Municipal Beverage Association's Annual Food Drive. Lakeville Liquors' store customers donated approximately 2,000 pounds of food and over $8,000 cash this past year. The food and cash contributions were divided equally between 360 Communities and Open Door Food Shelf. Representatives of the two organizations were present to accept the contributions. Mr. Petree presented the November Public Works Department monthly report. 6. Consent Agenda Council Member Anderson removed Item 61 from the consent agenda. Motion was made by Davis, seconded by Swecker to approve the following: a. Claims for payment b. Minutes of the November 17, 2014 City Council meeting c. Minutes of the November 12, 2014 Council work session City Council Meeting Minutes, December 1, 2014 Page 2 d. Resolution No. 14-116 approving an off-site gambling permit for the Lakeville Lions e. Resolution No. 14-117 approving the proposed transfer of the cable franchise currently held by CC VIII Operating, LLC, d/b/a Charter Communications f. Joint Powers Agreement with the Dakota County Drug Task Force g. Ordinance No. 930 amending Title 3, Chapter 14 of the Lakeville City Code concerning tree trimming and removal license h. Resolution No. 14-118 authorizing the preparation of a feasibility report for Kensington Boulevard improvements i. Resolution No. 14-119 authorizing the preparation of a feasibility report for Hamburg Avenue improvements j. Silvarum final plat extension k. Resolution No. 14-120 vacating a public road right-of-way and utility easement on property located west of Hamburg Avenue and north of Hartford Way 1. (Removed from consent agenda) m. Resolution No. 14-121 approving the Legacy 11 Addition final plat; and Resolution No. 14-122 approving right-of-way and easement vacation n. Final acceptance of public streets in Tullamore 11 Addition o. Contract addendum with RMR Services, LLC p. Resolution No. 14-123 accepting donation from Dick's Sanitation to the Police Department Voice vote was taken on the motion. Ayes - unanimous Item 61 Council Member Anderson questioned whether the City has, over the years, been consistent with respect to addressing non -conforming issues on lake shore property. He also City Council Meeting Minutes, December 1, 2014 Page 3 questioned whether staff works with the property owners to reduce or eliminate any existing non -conforming issues. Mr. Morey explained that only a very small portion of the proposed house addition on the Kermes property is within the Ordinary High Water Level (OHWL) setback. Also, the existing well and a portion of the driveway are proposed to be removed, which will reduce the non -conformity on this property. He explained that when considering conditional use permit or variance requests, particularly along the lake shore, the Planning Commission and staff will identify any existing non -conformities and work with the property owners on a case by case basis to reduce or eliminate them, where practical. Motion was made by Anderson, seconded by LaBeau to approve findings of fact and a conditional use permit to allow the expansion of a legal non -conforming single family home in the Shoreland Overlay District of Lake Marion; and approve findings of fact and a variance from the 75 -foot setback requirement. Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 7. Truth in Taxation Public Hearing Mayor Little opened the Truth in Taxation public hearing. Mr. Feller provided an overview of the 2015 budget and tax levy. The proposed tax levy is $24.7 million, which represents a 4.5% increase over the current year. Mr. Feller highlighted the major components of the 2015 budget. Operations will increase by 2.5%. Street reconstruction is financed with debt, which is repaid with property taxes over a 10-20 year period. This represents a 2% increase in the tax levy. Mr. Feller explained the market value exclusion (credit) f or residential properties. The amount of credit is reduced as the property appreciates in value. For businesses, only 60% of the market value is taxable for calculating the City's share of taxes, with the remainder being shared as part of the metro wide fiscal disparities pool. When factoring in community growth (new homes and businesses), the net property tax increase is down to 1%. With respect to revenue, Mr. Feller explained that approximately 57% of City financing for the coming year is from non -tax revenues, such as service fees. Approximately 16% of the budget is financed with the issuance of debt, and 43% of the budget is paid for with property taxes. Mr. Feller highlighted a number of non -funded priorities. If non -tax revenues become available, they will be appropriated to these priority projects: City Council Meeting Minutes, December 1, 2014 Page 4 1) $85,000 to replace the Land of Amazement 2) $100,000 for the City's share of the 2015 street reconstruction project 3) $300,000 for equipment and park improvements 4) Any remaining revenues would be allocated to the 2015 street reconstruction project There were no public comments or questions. Motion was made by Davis, seconded by Swecker to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous 8. Tax Increment Financing District No. 3 Mayor Little opened the public hearing on the modification of Redevelopment Project Area No. 1 and the modification of Tax Increment Financing District No. 3. Mr. Olson introduced Mikaela Huot of Springsted, who provided an overview of the proposed modification of Tax Increment Financing District No. 3, which was established in 1987. Because of the age of the district, it is considered a pre -90 tax increment district and has considerable flexibility on the use of the tax increment funds it generates. Effective December 31, 2014, TIF District No. 3 will be decertified and can no longer generate increment. Ms. Huot explained that the City will no longer be able to collect increment; however, it is still able to spend the increment subject to availability and authority. The proposed modification will provide the City with the authority to utilize the remaining fund balance (approximately $164,000) toward qualified projects. There were no public comments or questions. Motion was made by Anderson, seconded by Swecker to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Swecker, seconded by Davis to approve Resolution No. 14-124 approving a modification to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 3. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis 9. Kenwood Hills Matt Hanish of Homestead Partners requested Council approval of the Kenwood Hills preliminary plat, consisting of 45 detached townhome unit lots and two outlots on 17.7 acres of property located west of Kenwood Trail at Jurel Way. A Comprehensive Plan amendment is also being requested to re -guide the property from high density residential to City Council Meeting Minutes, December 1, 2014 Page 5 low/medium density residential, along with a rezoning of the property from RH-1 to Planned Unit Development (PUD). He explained that the PUD zoning allows for creativity and flexibility in the site design due to the severe physical constraints affecting the development of the site. These include steep slopes, wetlands, significant trees and a 75 foot wide electric transmission line easement that bisects the property. The proposed single family detached townhome housing style is consistent with the City's goals to provide a healthy variety of housing types and styles to meet the life cycle needs of the community. Planning Director Daryl Morey presented the planning report for Kenwood Hills. He explained that the two outlots include wetland and ponding areas that will be deeded to the City. The PUD will allow for reduced setbacks and the use of two private drives. The electric transmission line easement provided additional design challenges in that streets can cross through the easement, but house pads cannot be located within the easement. Motion was made by LaBeau, seconded by Anderson to approve findings of fact and Resolution No. 14-125 approving an amendment to the Comprehensive Plan to re -guide property from high density residential to low/medium density residential; adopt Ordinance No. 931 rezoning property from RH- Ito Planned Unit Development; and approve the preliminary plat of Kenwood Hills. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little Unfinished and New Business: None Announcements: Next regular Council meeting - December 15, 2014 Mayor Little adjourned the meeting at 8:10 p.m. Respectfully submitted, Charlene Friedges, City Clerk/// 117 erl�� Matt Little, Mayor