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Home My WebLink About09-07-2021CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES September 07, 2021 Mayor Anderson called the meeting to order at 6:30 p.m. Members Present: Mayor Anderson, Council Members Bermel, Hellier, Lee, Volk Staff Present: Andrea McDowell Poehler, City Attorney; Justin Miller, City Administrator; Jeff Long, Police Chief, David Olson, Community & Economic Development Director; Daryl Morey, Planning Director; Allyn Kuennen, Assistant City Administrator; Charlene Friedges, City Clerk 3. Citizen Comments: • Howard Schneider presented information on the Tour of Lakeville bicycle ride, which will be held at Pioneer Park on Saturday, September 18. 4. Additional Agenda Information: • No additional agenda information 5. Presentations/Introductions: • Mayor Anderson recognized and congratulated Lakeville Olympian Regan Smith and Paralympians Josh Cinnamo and Ian Seidenfeld. • The City Administrator presented a 2020 Census Update for the City of Lakeville. Lakeville experienced a 24% population growth during the past decade, up to 69,490. Lakeville is now the largest city in Dakota County and the 111 largest city in Minnesota. 6. Consent Agenda: Motion was made by Bermel, seconded by Lee, to approve the following: a. Check Register Summary b. Minutes of the 8/16/2021 City Council Meeting c. Minutes of the August 23, 2021 City Council work session d. Minutes of the August 30, 2021 City Council work session e. Resolution No. 21-111 requesting a speed limit study along County State Aid Highway 50 from Holyoke Avenue to County State Aid Highway 23 CITY COUNCIL Minutes, September 07, 2021 f. Fiscal Agent Agreement with Dakota Communications Center (DCC) g. Resolution No. 21-112 accepting the Coronavirus Local Fiscal Recovery Funds established under the American Rescue Plan Act h. Lot Size Variance on property located at 12030 205th Street W. i. First Industrial, L.P. - Uponor Stormwater Maintenance Agreement j. Resolution No. 21-113 approving charitable gambling by Lakeville South Football Association k. Appointment of Aaron Huus to the Technology Workgroup 1. Resolution No. 21-114 appointing the Envision Lakeville Cultivate a Sense of Community Taskforce m. Temporary on -sale liquor license to International Jiu Jitsu Education Fund n. Convention and Visitors Bureau 2022 Budget Page 2 o. The Moments of Lakeville findings of fact and conditional use permit amendment p. Resolution No. 21-115 issuing Negative Declaration of Need for an EAW for the Brookshire Residential Project Voice vote was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk 7. Sundance Lakeville Comprehensive Plan and Zoning Map Amendments Ryan Sailer of Timberland Partners, Inc. requested approval of an amendment to the 2040 Comprehensive Plan and a Zoning Map amendment for Sundance Lakeville. The development proposes 188 stacked flat townhouse units within 18 buildings and 9 single family residential lots on 17.25 acres located north of 162nd Street (CSAH 46) and west of Buck Hill Road. He explained that the site, which is zoned for commercial development, is adjacent to single- family residential and has been vacant for 20 years. He stated the site is challenging for commercial development because of topography and access and is better suited as an infill residential use. CITY COUNCIL Minutes, September 07, 2021 Page 3 Dan Licht of The Planning Company presented the staff report for the proposed Sundance Comprehensive Plan and Zoning Map amendments. A majority of the property is guided by the 2040 Comprehensive Plan for commercial uses, with the western portion being guided for low to medium density residential and medium density residential land uses to provide an improved land use transition to existing single-family dwellings to the west and north. The developer proposes to re -guide the property from Commercial and Medium Density Residential to Corridor Mixed Use and Low/Medium Density Residential with a corresponding zoning map amendment. Mr. Licht explained that the proposed land use amendment is appropriate due to the transitional elements of this property and its proximity to transit facilities. The Economic Development Commission recommended commercial properties for possible multiple family development to help meet the City's life -cycle housing needs, and this site was specifically identified. The Planning Commission reviewed the request and determined that the proposed development is consistent with the goals and policies of the 2040 Comprehensive Plan. Hellier asked why this property was not guided for residential with the latest Comprehensive Plan amendment. Mr. Licht explained that when the 2040 Comprehensive Plan was adopted, this site was left as commercial, recognizing that if a development proposal is presented, it could be reviewed in that context. Hellier stated a recent media article on residential housing in Minnesota reported that 12% of land in Lakeville is currently zoned for multi -family residential. He stated this data is inconsistent with the data provided by city staff. Volk stated she feels the current traffic on Buck Hill Road is substantial, and she does not support rezoning this property to residential. Lee stated he supports this project, as it transitions well with the adjacent communities and the interstate corridor; and it provides market rate and needed multi -family housing. Anderson stated he feels the project is appropriate for this site, as it provides a buffer between commercial and single-family homes. Bermel stated he feels the project fits the general area given the established commercial businesses and housing. The City Administrator clarified, based on the Comprehensive Plan, that the amount of acreage dedicated to high density residential in Lakeville is approximately 4%. CITY COUNCIL Minutes, September 07, 2021 Page 4 Motion was made by Lee, seconded by Bermel, to approve a resolution amending the Sundance Lakeville Comprehensive Plan. Roll call was taken on the motion. Ayes - Anderson, Bermel, Lee Nays - Hellier, Volk Hellier and Volk stated they are not in favor of amending the 2040 Comprehensive Plan. A four/fifths affirmative vote was needed; therefore, the motion failed. The City Attorney explained that because the motion to amend the Comprehensive Plan failed, the request to amend the zoning map must be denied. Motion was made by Volk, seconded by Lee, to adopt an ordinance amending the zoning map and findings of fact for Sundance Lakeville. Roll call was taken on the motion. Nays - Anderson, Bermel, Hellier, Lee, Volk 8. 2021 Zoning Ordinance Update Mr. Licht presented an ordinance which represents Phase 2 of the 2021 annual review and update of the Lakeville Zoning Ordinance. It includes amendments pertaining to residential shelters, motor fuel facility signs, swimming pool fencing and commercial temporary outdoor sales events. Phase 2 also includes items that were removed by the City Council from the Phase 1 update such as: RST -2 District single family lot allowances, RM -3 District exterior material requirements, the allowance of townhomes in the M-1 District, and clarifications to RM and RH development densities, detached townhome homeowners association requirements, townhome garage size requirements, and affordable housing provisions. Motion was made by Lee, seconded by Bermel, to adopt Ordinance No. 1052 amending Title 11 of the Lakeville City Code and summary ordinance for publication. Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk 9. Preliminary 2022 Property Tax Levy and 2022 Budget; 2021 Budget Amendments Finance Director Jerilyn Erickson presented the preliminary 2022 Property Tax Levy in the amount of $36,456,100 and the preliminary 2022 General Fund Budget in the amount of $34,955,553. Since 2013 growth from new constructed has added $1.69 billion to the taxable market value, of which $1.12 billion or 66% of the growth has occurred in the past five years. Due to that growth, additional resources are needed. CITY COUNCIL Minutes, September 07, 2021 Page 5 The proposed 2022 levy represents a $2.5 million increase over the 2021 levy. Staff will continue to review expenditure budgets and other funding sources to try and reduce the tax levy prior to adoption of the budget on December 6, 2021. Staff is recommending the use of reserves for one-time or long-term purchases. Motion was made by Hellier, seconded by Lee, to approve Resolution No. 21-116 approving the Preliminary 2022 Property Tax Levy and 2022 Budget and setting the budget public hearing; and Resolution No. 21-117 amending the 2021 Budgets, authorizing transfers and establishing the Compensated Leave Fund. Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk 10. Unfinished business: No unfinished business 11. New business: Hellier suggested a future work session discussion regarding diseased trees and the City's response to visible signs of infected trees. 12. Announcements: • Next Regular Meeting, September 20, 2021 Motion was made by Volk, seconded by Bermel, to adjourn. Voice vote was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk The meeting adjourned at 7:52 p.m. Respectfully submitted, Charlene Friedges, City ler Douglas P. nderson, Mayor