Loading...
HomeMy WebLinkAboutItem 06.b CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES May 1, 2017 Mayor Anderson called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall. After a moment of silence, the Pledge of Allegiance to the flag was given. Members Present: Mayor Anderson, Council Members Davis, Wheeler, Hellier and LaBeau Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, 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; Charlene Friedges, City Clerk 3. Citizen Comments None 4. Additional Agenda Information None 5. Presentations/Introductions Chief Long presented unit citation awards to Sergeants Jason Jensen and Jason Haider and Officers Nick Jacobson, Casey King, Chad Loeffler, Corey Maus, Casey Pahl, Sara Urman and Scott Frame for situations involving males armed with knives. Chief Long also presented a Chief’s Award of Merit to Paul Swedin and Rahonda Kvale for providing lifesaving medical attention and care to a severely injured neighbor. The City Administrator presented an Envision Lakeville Update. The Parks & Recreation Director presented the Parks & Recreation quarterly report. 6. Consent Agenda Motion was made by LaBeau, seconded by Wheeler, to approve the following: a. Claims for payment b. Minutes of the April 17, 2017 City Council meeting c. Confirmation of Planning Commission Chair, Jason Swenson d. Construction agreement with Xcel Energy, Inc. for street lighting facilities, Improvement Project 17-04 e. Findings of fact and conditional use permit to allow the construction of a detached accessory building at 19848 Highview Avenue City Council Meeting Minutes, May 1, 2017 Page 2 f. Mixed municipal solid waste & recyclable material collection license to GarbageMan, Inc. g. Temporary on-sale liquor license to Lakeville Brewing Company and Angry Inch Brewing for the Downtown Block Bash h. Temporary on-sale liquor license to Lakeville Baseball Association for the All Star Light Celebration at King Park i. Resolution No. 17-56 approving changes implemented by the Personnel Committee j. Contract with Blue Earth Environmental Company, Inc. for abatement and demolition of structures at 9649 202nd Street West and 17395 Kenwood Trail k. Joint Powers Cost Share Agreement with Dakota County for Pictometry licensed products l. Agreement with Metropolitan Council for the volunteer lake monitoring program m. Resolution No. 17-57 approving plans and specifications and setting a bid date for 222nd Street improvements, Project 17-07 n. Professional services agreements with Short Elliott Hendrickson, Inc. and SRF Consulting Group, Inc. for the 2040 Metropolitan Council Comprehensive Plan update Voice vote was taken on the motion. Ayes – unanimous 7. Launch Properties, LLC Mayor Anderson opened the public hearing to consider a business subsidy agreement with Lakeville 222nd 2017 LLC and Menasha Packaging Company LLC. Mr. Olson stated the City, Lakeville 222nd 2017 and Menasha Packaging are working to finalize the business subsidy agreement. It is anticipated that an agreement will be reached in time for the May 15 City Council meeting. There were no questions or comments. Motion was made by Davis, seconded by Wheeler, to continue the public hearing to consider a business subsidy agreement with Lakeville 222nd 2017 LLC and Menasha Packaging Company LLC to the May 15, 2017 City Council meeting. Roll call was taken on the motion. Ayes – Davis, Anderson, Wheeler, Hellier, LaBeau City Council Meeting Minutes, May 1, 2017 Page 3 8. Deck Structure Variance 12245 – 175th Street W. Sandi Raines requested approval of a variance to allow her to keep a deck pergola and to increase the impervious surface area on her property located at 12245-175th Street W. She provided photos of the deck and pergola that she built on the east side of her house after receiving a conditional use permit in 2015. She provided photos of her property and adjacent properties on the south side of Orchard Lake that encroach into the setback from the Ordinary High Water Level (OHWL). She cited several reasons why she believed she should be allowed to keep the deck pergola as it currently exists. Mr. Morey presented the planning report. He explained that the conditional use permit issued by the City Council in November 2015 allowed the construction of a deck on the east side of the house provided the deck met the setback requirements. The pergola was constructed in violation of what was allowed by the conditional use permit and building permit. He explained that the setback violation pertains to approximately 12 feet of the north end of the pergola and the pergola posts that encroach into the setback from the Orchard Lake OHWL. Mr. Morey explained that the variance as requested does not meet all seven criteria required for approval by the zoning ordinance. He went on to state that approval of the variance would be inconsistent with the requirements for eliminating non-conformities. Approval would also establish a precedent reversing consistent enforcement and property owner compliance with the Shoreland Overlay District regulations for lakeshore properties, which have been in place since1978. The Planning Commission held a public hearing and unanimously recommended denial of the variance as requested by Ms. Raines. City staff also recommends denial. In response to questions by council members, Mr. Morey clarified zoning ordinance provisions related to shoreland regulations, setbacks from the Orchard Lake OHWL, pergola versus retractable awning and structure versus non-structure. Council Member LaBeau stated that while she agrees that the pergola looks nice and is a better option than an awning, she is concerned with setting a precedent, especially on lakeshore property. Council Member Davis stated he feels this after-the-fact variance request does not meet the intent of the zoning ordinance. He pointed out that the zoning ordinance provisions related to variance criteria was amended several years ago to align with State law. Jesse Swanson, 17555 Heidelberg Way, expressed frustration and disappointment with staff’s recommendation to deny this variance. He pleaded with the City Council to allow Ms. Raines to keep the two pergola posts. City Council Meeting Minutes, May 1, 2017 Page 4 Mr. Morey explained that if the variance is denied, Ms. Raines would be required to remove the portion of the pergola that is within the 50-foot setback. Staff will work with Ms. Raines on an appropriate timeframe. Mayor Anderson and Council Members Hellier and Wheeler stated that while they, too, agree that the pergola looks nice and is an improvement to the property, they support denial of the variance based on the current ordinance. Motion was made by Davis, seconded by Anderson, to adopt findings of fact and deny a variance to allow Sandi Raines to keep a deck pergola and to increase the impervious surface area on her property located at 12245 – 175th Street W. Roll call was taken on the motion. Ayes -- Anderson, Hellier, LaBeau, Davis Nay -- Wheeler 9. Unfinished business: none 10. New business: none 11. Announcements: Next regular Council meeting, May 15, 2017 Motion was made and seconded to adjourn the meeting at 8:27 p.m. Respectfully submitted, ____________________________________ Charlene Friedges, City Clerk ____________________________________ Douglas P. Anderson, Mayor