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HomeMy WebLinkAboutItem 06.b CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES March 21, 2016 Mayor Little called the meeting to order at 7:02 p.m. in the Council Chambers at City Hall. Boy Scout Troop 111 presented the colors and led the Pledge of Allegiance. Members Present: Mayor Little, Council Members Davis, Anderson and LaBeau Absent: Council Member Swecker Staff Present: Justin Miller, City Administrator; Roger Knutson, City Attorney; Jeff Long, Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Jerilyn Erickson, Finance Director; John Hennen, Parks & Recreation Director; Daryl Morey, Planning Director; Allyn Kuennen, Assistant City Administrator; Charlene Friedges, City Clerk 3. Citizen Comments: Mark Lenertz, 3810-210th Street, Farmington, stated he owns property in southwest Lakeville. He expressed concern regarding a request by Mikayla Raines to allow the keeping of up to three domesticated wild foxes on residential property located south of 210th Street and west of I-35. He stated that, according to Ms. Raines, the building on her property will be used to house wild animals that people no longer want. He stated that, if approved, the City should be prepared to monitor this business. Mr. Morey explained that the Planning Commission, at its March 17th meeting, held a public hearing on the interim use permit request by Ms. Raines to allow the keeping of up to three foxes. The City Council will consider this request at its April 4th meeting. 4. Additional Agenda Information: None 5. Presentations/Introductions Chief Long presented an appreciation plaque to Officer Jason Jensen and his retired K9 Zeus. Chief Long stated the Lakeville Public Safety Foundation welcomes donations which help support the City’s K9 program. Chief Meyer presented the Lakeville Fire Department 2015 Annual Report. 6. Consent Agenda Item 6k was removed from the consent agenda. City Council Meeting Minutes – March 21, 2016 Page 2 Motion was made by Anderson, seconded by LaBeau, to approve the consent agenda items as follows: a. Claims for payment b. Minutes of the March 7, 2016 City Council meeting c. Minutes of the March 7, 2016 special Council meeting d. Agreement with Friedges Landscaping, Inc. for Kenrick Avenue trail slope erosion repairs e. Resolution No. 16-33 approving Interstate First Addition final plat, Resolution No. 16-34 vacating easements, and Stormwater Management Facilities and Easement Agreement with Lakeville Property, LLC f. Accept a proposal by WSB & Associates, Inc. to provide zoning enforcement services g. Resolution No. 16-35 calling a public hearing on the certification of delinquent utility accounts h. Contract with MP Nexlevel, LLC for fiber optic cable and conduit labor and materials for the Holyoke tower project i. Joint Powers Agreement with Dakota County for CSAH 5 (Kenwood Trail) intersection improvements at 172nd Street and Kenyon Avenue j. Advisory committee appointments: Arts Center Board: Michelle Gensinger, Susan Landberg, Robert Erickson Economic Development Commission: Lowell Collman, Daniel Vlasak, James Emond, Sr., Thomas Smith Finance Committee: Darrel Mullenbach Parks, Recreation & Natural Resources Committee: Robert Swan, Thomas Goodwin, Lori Bovitz, Holly Weberg, Jim Storms Planning Commission: Jason Swenson, Jason Kelvie, Elizabeth Bakewicz, Officer Nic Stevens k. (Removed from consent agenda) l. Labor Agreement between the City of Lakeville and MN Teamsters Local No. 320 City Council Meeting Minutes – March 21, 2016 Page 3 Voice vote was taken on the motion. Ayes – unanimous 6k. Motion was made by Anderson, seconded by LaBeau, to approve Funded HRA Successor Trustee Change Documents. Roll call was taken on the motion. Ayes – Little, Anderson, LaBeau Davis abstained due to a potential conflict of interest 7. Lenihan’s Lots Antlers Park (Warweg Property) Assistant City Administrator Allyn Kuennen presented an amendment to the purchase agreement with George Warweg for 5.99 acres of property adjacent to Antler’s Park. He explained that while Mr. Warweg’s attorney was preparing the documents for closing and through Dakota County’s plat check process, several easements on the property were identified that must be vacated prior to recording of the final plat. These easements were previously thought to have been vacated. Completion of the easement vacations will extend beyond the scheduled March 31 closing. Extending the closing to May 20 will provide the time needed to process the easement vacations. As such, the filing of the Warweg Addition final plat must also be extended to May 20. Mayor Little opened the public hearing on the vacation of a right-of-way easement labeled as Tulane on the Lenihan’s Lots Antlers Park plat. There were no questions or comments from the audience. Motion was made by Anderson, seconded by LaBeau, to close the public hearing. Voice vote was taken on the motion. Ayes – unanimous Motion was made by Davis, seconded by Anderson, to approve the following: • Third Amendment to Purchase Agreement with George W. Warweg • Grant of easement to Ronald and Marian Knutson, 9653-202nd Street • Extension of the Warweg Addition final plat to May 20, 2016 • Resolution No. 16-36 vacating public street easement right-of-way Roll call was taken on the motion. Ayes – Davis, Little, Anderson, LaBeau 8. Ordinance Amendments Mr. Morey presented an ordinance amending Titles 3 and 11 of the City Code. The proposed ordinance represents the annual review and update of the zoning ordinance by the Planning Commission and City staff. He stated that most of the changes proposed this year represent corrections or clarifications which make the regulations easier to follow. The more significant changes include: City Council Meeting Minutes – March 21, 2016 Page 4 Electronic signs – reducing the rate of change from 60 seconds to 30 seconds; the Planning Commission noted potential negative impacts, such as driver distraction and community esthetics, from the cumulative effect of electronic signs in close proximity to high traffic corridors; Community gardens – allowing them in commercial and industrial districts as a permitted use, in response to requests from business owners in Airlake Industrial Park; Wall signage – allowing one wall sign on a commercial building on a corner lot in the Freeway Corridor District to face the freeway, in response to a request by Candlewood Suites; Setback reduction between detached townhome buildings from 20 feet to 14 feet, consistent with the side yard setback requirements in the RS-4 District; Allowing public and private schools by conditional use permit in the O-R, Office- Residential Transition District. Mr. Morey stated the Planning Commission recommended repealing the existing ordinance allowing wild or exotic animals by interim use permit. The Planning Commission noted the challenge of establishing performance standards for the various animals, in addition to the challenge of determining what types of animals may or may not be allowed in the City. Council members discussed whether to repeal the ordinance allowing wild or exotic animals, as they felt it may be appropriate to allow certain types of animals with conditions. It was recommended that this section be removed from the proposed ordinance for further consideration. The Council generally supported the current interim use permit process for the keeping of animals and directed the Planning Commission to review this matter further and establish a possible list of criteria and guidelines. The Council then discussed electronic signage. Council Member LaBeau stated she felt the rate of change for messages should be less than 30 seconds. Mr. Miller stated the rate of change on the electronic sign at the Lakeville Area Arts Center is currently set at 15 seconds. When the message contains two lines of text, it is set to change every 7.5 seconds. Council Member Davis stated he would support a 15 second rate of change, which provides more flexibility for businesses and is consistent with the sign at the Lakeville Area Art Center. He suggested working toward consistency on all electronic signs throughout the City. City Council Meeting Minutes – March 21, 2016 Page 5 Council Member Anderson concurred with the recommendation to reduce the rate of change for electronic messages to 15 seconds or less. He also requested the Planning Commission review the issue of electronic sign scrolling. Mayor Little stated he would go along with the consensus of the other council members; however, he does not feel there are potential negative impacts to the rate of change on electronic signs. He stated he feels there is nothing to substantiate the suggested rates. When asked if electronic signs cause traffic accidents, Chief Long stated he did not recall any specific cases; however, anything that distracts a driver’s attention away from the road causes accidents. Motion was made by LaBeau, seconded by Anderson, to reduce the rate of change on electronic signs from 60 seconds to seven seconds. Roll call was taken on the motion. Ayes – Anderson, LaBeau, Little; Davis voted Nay Motion was made by Anderson, seconded by LaBeau, to adopt Ordinance No. 958, and a summary ordinance for publication, amending the rate of change on electronic signs from 60 seconds to seven seconds and removing Section 23 related to keeping of animals. Roll call was taken on the motion. Ayes – LaBeau, Davis, Little, Anderson 9. Nicholas Estates Bill Ryan of KRB Development IV, LLC, requested Council approval of the Nicholas Estates preliminary plat. He addressed the recommendation by the Planning Commission to consider a pedestrian trail connection between the northerly and southerly portions of the plat. Due to the existing wetlands in this area, and the direction by City staff to avoid any impact to the wetlands, a trail was not included when the project was designed. Mr. Morey presented the proposed preliminary plat of 44 single family lots and one outlot on land located north of 183rd Street and west of Dodd Boulevard. The development includes a request to rezone portions of the project from RS-2 to RS-3 and from RS-3 to RS-4 and a variance for cul-de-sac length due in large part to the environmental constraints on this site. He explained that the plat includes installation of sidewalks and a trail connection from 179th Street to the Eastview Elementary School property. Mr. Morey stated the Planning Commission asked City staff to follow up with the developer on a possible trail connection between the northerly and southerly portions of the plat. He City Council Meeting Minutes – March 21, 2016 Page 6 explained that a street connection between these two areas is not proposed, in order to minimize impacts to the wetland. The council members discussed the merits of a trail extension as recommended by the Planning Commission and agreed that staff should continue to investigate trail options with the developer prior to submittal of the final plat. Motion was made by Anderson, seconded by Davis, to approve the following: • Resolution No. 16-37 approving the preliminary plat of Nicholas Estates • Findings of fact and Ordinance No. 959 rezoning property from RS-2 to RS-3 and from RS-3 to RS-4 • Findings of fact and cul-de-sac length variance Roll call was taken on the motion. Ayes – Davis, Little, Anderson, LaBeau 10. Improvement Project 16-02 Ms. Heil provided an overview of the 2016 street reconstruction project and asked the City Council to approve a resolution calling a public hearing on the proposed assessments. The City received one bid for the project. Based on the bid prices submitted, the overall cost of the project has been reduced by 6.4% from the feasibility report estimate. A public assessment hearing is scheduled to be held at the April 18, 2016, City Council meeting. Motion was made by Davis, seconded by LaBeau, to approve Resolution No. 16-38 calling a public hearing on proposed assessments for City Improvement Project 16-02. Roll call was taken on the motion. Ayes – Little, Anderson, LaBeau, Davis 11. Unfinished business: None 12. New business: None 13. Announcements: Next regular Council meeting, April 4, 2016 Council work session – March 28, 2016 Mayor Little adjourned the meeting at 8:42 p.m. Respectfully submitted, ____________________________________ _________________________________ Charlene Friedges, City Clerk Matt Little, Mayor