HomeMy WebLinkAboutItem 06.b
CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
May 15, 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 introduced the following Police Reserves: Marc Cleary, Craig Burris, Matthew
Irlbeck, Collin Jespersen, Deborah Marzahn, Travis Ladwig and Nicole Gephart.
6. Consent Agenda
Motion was made by Hellier, seconded by Wheeler, to approve the following:
a. Claims for payment
b. Minutes of the May 1, 2017 City Council meeting
c. Minutes of the April 24, 2017 Council work session
d. Temporary on-sale liquor license to Lakeville Lions for Pan-O-Prog events
e. Receive bids for construction of Wells 21 and 22 and award contracts to Traut
Companies and Pember Companies, Inc.
f. Receive bids for purchase of residential water meters and award contract to Ferguson
Waterworks
g. Resolution No. 17-58 authorizing a Minnesota Green Corps member for the city’s
forestry department
h. Resolution No. 17-59 approving a Settlement Agreement with Dakota County and John
L. and Rose A. Harrison for property located at 20171 Icenic Trail
City Council Meeting Minutes, May 15, 2017 Page 2
i. Resolution No. 17-60 approving a Land Exchange Agreement with White Funeral
Homes, Inc. for property located at 20134 Kenwood Trail
j. Terminate contract with Energyscapes, Inc. and approve contract with Minnesota
Native Landscapes, Inc. for rain garden and shoreline maintenance services
k. Encroachment Agreement with Jason and Krista Botterill for private improvements in
public easements
l. Partial Release of Development Contract for Lot 1, Block 1, Kenrick Corner (Porterhouse
Steak & Seafood Grill, 11211 205th Street W.)
m. Resolution No. 17-61 authorizing sale of forfeited vehicles
n. Resolution No. 17-62 approving the Launch Park First Addition final plat
o. Resolution No. 17-63 approving preliminary plat of Spirit of Brandtjen Farm 18th
Addition
p. Resolution No. 17-64 authorizing temporary closing of city streets for Pan-O-Prog
events
Voice vote was taken on the motion. Ayes – unanimous
7. Launch Properties Business Subsidy – Continued Public Hearing
Dan Regan, Launch Properties, requested Council approval of a Contract for Private
Development with Lakeville 222nd 2017 and Menasha Packaging Company. Launch
Properties requests tax increment financing assistance for the construction of a 286,000-
square foot warehouse-office building on approximately 19 acres east of Cedar Avenue
and Airlake Airport.
Mr. Olson stated the City would provide pay-as-you-go reimbursements consisting of 80%
of the captured tax increment for a period of up to nine years beginning with taxes
payable in 2019, with a not-to-exceed amount of $1,000,000. This assistance is contingent
on Launch Properties constructing the 286,000-square foot multi-tenant warehouse office
building. Menasha Packaging is required to create at least nine new jobs, retain 60 jobs
recently transferred to Lakeville over the next two years and must maintain its operation in
Lakeville for at least five years.
There were no questions or comments from the audience.
Motion was made by LaBeau, seconded by Wheeler, to close the public hearing.
Voice vote was taken on the motion. Ayes – unanimous
City Council Meeting Minutes, May 15, 2017 Page 3
Motion was made by Davis, seconded by Wheeler, to approve Resolution No. 17-65
approving a Contract for Private Development by and between the City of Lakeville and
Lakeville 222nd 2017, LLC and Menasha Packaging Company, LLC
Roll call was taken on the motion. Ayes – Davis, Anderson, Wheeler, Hellier, LaBeau
8. Lee Lake Subdivision
Ross Malinski, Guardian Development of Wyoming, LLC, requested Council approval of the
Lee Lake Subdivision located east of Lee Lake, west of I-35 and south of 162nd Street.
Dan Licht presented the request for a preliminary plat of three lots and one outlot, a
conditional use permit to allow the transfer of 63 dwelling units from the residential
shoreland density reserve to the Lee Lake Subdivision and an ordinance establishing a
Planned Unit Development (PUD) District. The PUD District would allow the construction
of a 120-unit apartment building, a 62,400-square foot enclosed self-storage facility and a
future multiple tenant commercial building. Access to the site will be off Kenyon Avenue,
which will be upgraded to an urban section as part of this development. An eight-foot
concrete sidewalk will be constructed along the south and west side of Kenyon Avenue to
the Kent 46 development.
Motion was made by LaBeau, seconded by Davis, to approving the following:
• Resolution No. 17-66 approving the Lee Lake Subdivision preliminary plat
• Findings of fact and conditional use permit for a planned shoreland development
• Ordinance No. 978 establishing a Planned Unit Development District
Roll call was taken on the motion. Ayes – Anderson, Wheeler, Hellier, LaBeau, Davis
9. Mikayla Raines Interim Use Permit
Mikayla Raines, 12110 – 210th Street W., addressed the City Council regarding her violation
of Interim Use Permit No. 16-04 granted by the City Council last year. She apologized for
keeping more than the allowed three foxes on her property. She stated she currently has
only three foxes and pledged to strictly abide by the conditions of the interim use permit if
the Council would agree to not revoke the permit. She expressed a desire to come before
the City Council after she remains in compliance for a long period of time to educate the
Council and present her future plans for rescuing foxes. She stated she is open to random
inspections of her property by City staff. In addition, she informed the Council that while
she has only three foxes on her property, she owns and visits additional foxes at other
locations and plans to post photos of these animals on social media.
Mr. Morey stated the Planning Commission unanimously recommended revocation of the
interim use permit based on the testimony presented at the public hearing. He reiterated
that the current interim use permit allows up to three foxes, of any age, on the property.
Any more than three foxes at any given time would be in violation of the permit.
City Council Meeting Minutes, May 15, 2017 Page 4
Council members acknowledged Ms. Raines’ compassion and caring nature when it comes
to these animals. However, they reiterated the importance of following the conditions of
the permit that was granted to her and coming to the City in advance of making any
changes. Mayor Anderson pointed out that the current ordinance does not allow foxes in
Lakeville. An interim use permit allows the City Council to go beyond the ordinance for
what the Council believes is an acceptable use. Council members expressed a willingness
to give Ms. Raines another chance by not revoking the interim use permit. However, they
acknowledged that any further non-compliance would result in revocation.
Mayor Anderson allowed several residents to comment and/or ask questions regarding
this issue.
The City Council took no action. Therefore, Interim Use Permit No. 16-04 remains in effect.
10. Zoning Ordinance Amendment
Mr. Licht presented amendments to the zoning ordinance as recommended by the
Planning Commission and City staff. This ordinance update includes amendments to
industrial exterior building materials, non-conforming unsewered lots, single family
detached accessory buildings, parking requirements for fast food restaurants and
coffee/doughnut shops, model home permits and the keeping of animals. He highlighted
some of the more significant elements of the ordinance amendment.
The proposed ordinance allows the keeping of bees in residential districts subject to
meeting certain performance standards. Mr. Licht explained that staff proposed the
requirement of a solid fence around the bee hives, which attempted to address a concern
raised at the March 27th City Council work session. The Planning Commission
recommended removal of that requirement. The proposed amendment has been revised
to lessen the extent and financial impact of the fencing requirement.
The proposed ordinance also prohibits the keeping of certain animals, including foxes. This
section becomes effective the date the ordinance is adopted.
Several student members of the Beest Mode Team, and their parents, spoke in support of
backyard beehives. They urged the City Council to follow the Planning Commission’s
recommendation and eliminate the requirement for a fence within a 10-foot perimeter of
the colony hives.
After a brief discussion regarding the flight path of bees, Mr. Licht suggested the City
Council could replace the current text in Section 11, Paragraph D.2.c (2), with the
following, “A solid fence, wall, or dense vegetative barrier capable of interrupting the
direct flight of bees shall be used to redirect the bee’s flight pattern and prevent a direct
line of flight from the hive entry into neighboring properties. The barrier shall start at the
ground, be a minimum of six feet in height, and shall extend beyond the direct line of sight
from the entrance to the hive to the adjacent property.”
City Council Meeting Minutes, May 15, 2017 Page 5
Motion was made by Hellier, seconded by Davis, to accept the amended language to
Section 11, Paragraph D.2.c (2) of the proposed ordinance as suggested by Mr. Licht.
Roll call was taken on the motion. Ayes – Wheeler, Hellier, LaBeau, Davis, Anderson
Motion was made by Davis, seconded by Hellier, to adopt Ordinance No. 979 amending
Title 11 of the City Code, as amended, and the summary ordinance for publication.
Roll call was taken on the motion. Ayes – Hellier, LaBeau, Davis, Anderson, Wheeler
11. Unfinished business: none
12. New business: none
13. Announcements: Next regular Council meeting, June 5, 2017
Council work session, May 22, 2017
Motion was made and seconded to adjourn the meeting at 8:45 p.m.
Respectfully submitted,
____________________________________
Charlene Friedges, City Clerk
____________________________________
Douglas P. Anderson, Mayor