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HomeMy WebLinkAbout05-17-10CITY OF LAKEVILLE COUNCIL MEETING MINUTES MAY 17, 2010 Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Present: Mayor Dahl Council Member Mark Bellows Council Member Kerrin Swecker Council Member Laurie Rieb Council Member Kevin Miller Also Present: Roger Knutson, City Attorney Steve Mielke, City Administrator Tom Vonhof, Police Chief Keith Nelson, City Engineer Dennis Feller, Finance Director David Olson, C.E.D. Director Daryl Morey, Planning Director Steve Michaud, Parks & Recreation Director Chris Petree, Operations & Maintenance Director Charlene Friedges, City Clerk Additional agenda information - Mr. Mielke provided a revised Addendum "B" to Development Contract and Planned Unit Development Agreement for Donnelly Farm Addition (Item 8) and a letter from Dan Remes, 18631 Knollwood Circle (Item 9). Presentations /Introductions Chief Vonhof announced that a Chief's Award of Merit is being presented to Yvonne Winger for assisting a patron at the Buckboard Restaurant. Ms. Winger observed a male patron choking on food and performed the Heimlich maneuver, which cleared the victim's airway and saved his life. Ms. Winger was unable to attend the City Council meeting to receive her award. Ted Billy, President of the Lakeville Senior Citizens, and Candice Hojan, Vice President, asked the City Council to proclaim May 26, 2010 as National Senior Health and Fitness Day. Council Member Swecker read the proclamation. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MAY 17, 2010 Page 2 Steve Michaud presented the April monthly report of the Parks & Recreation Department. Chief Vonhof presented the 2009 Police Department Annual Report. Citizens' Comments None Consent Agenda 10.25 Motion was made by Miller, seconded by Rieb to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the May 3, 2010 City Council meeting and the April 26, 2010 Council work session. C. Resolution No. 10 -38 authorizing continued participation in the Dakota County Community Development Block Grant Program. d. Temporary on -sale 3.2% malt liquor license for the Lakeville Lions to host Beer, Brats & Bingo on July 8, 2010. e. One year extension of the sign variance for Comfort Inn, 17605 Kenrick Avenue. f. Contract addendum with RMR Services, LLC, for meter reading services. Roll call was taken on the motion. Ayes, unanimous. Item 7 - Ordinance Adopting Fees Mayor Dahl opened the public hearing to consider an amendment of the ordinance containing the building permit fee schedule to remove any reference to the State of Minnesota surcharge. The City Clerk attested to legal notice publication. Community & Economic Development Director David Olson explained that the State has approved an increase in the minimum surcharge collected on fixed fee building permits from $.50 to $5 effective July 1, CITY OF LAKEVILLE COUNCIL MEETING MINUTES MAY 17, 2010 Page 3 2010 to June 30, 2011. The State surcharge is collected by the City with its building permit fees and forwarded to the State of Minnesota. Mr. Olson explained that the proposed ordinance eliminates all reference to the State surcharge in the City's fee schedule. This will eliminate the need to amend the ordinance when the State surcharge amounts are changed in the future. The City's portion of these building permit fees will not change with this ordinance amendment. There were no questions or comments. 10.26 Motion was made by Bellows, seconded by Swecker to close the public hearing. Voice vote was taken on the motion. Ayes, unanimous. 10.27 Motion was made by Rieb, seconded by Swecker to adopt Ordinance No. 865, an ordinance adopting fees, and Summary of Ordinance No. 865 for publication. Roll call was taken on the motion. Ayes, unanimous. Item 8 - PUD Amendment for Donnelly Farm Matthew Weiland, Project Manager, requested Council approval of Addendum B to the Development Contract and Planned Unit Development Agreement for Donnelly Farm Addition. Mr. Weiland provided a detailed overview of the PUD amendment, which proposes a modification to the design standards for the restricted single family lots to allow front facing garages. He explained that the side loaded garages, as previously required, has limited the variety of architecture and the ability to market the restricted lots. The PUD amendment would apply to the remaining vacant single family lots in Donnelly Farm. Associate Planner Allyn Kuennen stated staff believes that the proposed amendment reflects the spirit and intent of the Donnelly Farm PUD. The amended standards will encourage architectural diversity and provide increased flexibility for the developer and builders to market these lots. He explained that the developer is proposing to include increased architecture standards and monotony code requirements in lieu of the side entry garage requirement. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MAY 17, 2010 Page 4 10.28 Motion was made by Swecker, seconded by Rieb to adopt Findings of Fact and approve Addendum B to Development Contract and Planned Unit Development Agreement for Donnelly Farm Addition. Roll call was taken on the motion. Ayes, unanimous. Item 9 - Zoning and Subdivision Ordinance Amendments Planning Consultant Daniel Licht presented a proposed ordinance amending Title 10 of the City Code, the subdivision ordinance, and an ordinance amending Title 11 of the City Code, the zoning ordinance. He explained that with the adoption of the 2008 Comprehensive Land Use Plan by the City Council in December of 2008, the next step in the process, as required by State Statute, was to update the City's development regulations, including the zoning map, zoning ordinance and subdivision ordinance to reflect the goals outlined in the Comprehensive Plan. Mr. Licht summarized the proposed zoning and subdivision ordinance revisions. Consistent with the 2008 Comprehensive Land Use Plan, the Planning Commission and staff recommend approval of a resolution requesting the reclassification of the west bay of Lake Marion from Recreational Development to Natural Environment. Mr. Licht explained that the reclassification was initiated because the characteristics of the shoreland and the west bay of Lake Marion fit more with the definition of a Natural Environment Lake than a Recreational Development Lake. It is consistent with the policies and land use designations of the 2008 Comprehensive Plan, which establishes that area as permanent rural (unsewered) and limited to 10 -acre minimum lot sizes. Council Member Swecker asked Mr. Licht to explain how the proposed reclassification of the west bay of Lake Marion would affect the property owners. Mr. Licht explained that the lake reclassification would not affect the existing residents' use of their property until the point that a subdivision of the property is proposed. He pointed out that any subdivision of the property would require a Comprehensive Plan amendment, since that area is classified as permanent rural. The use of the lake would not be affected by this reclassification. Mr. Licht also pointed out that the CITY OF LAKEVILLE COUNCIL MEETING MINUTES MAY 17, 2010 Page 5 grandfather provisions of the ordinance remain with the property, not the property owner. Council Member Bellows asked Mr. Licht to explain the purpose of the reclassification. Mr. Licht explained that this portion of Lake Marion is more consistent with a natural environment lake as defined by Minnesota Rules. The purpose of the reclassification is to have the designation of the lake and the corresponding zoning regulations match the characteristics of the lake. Mayor Dahl asked Mr. Licht to explain the role of the DNR in this process. Mr. Licht explained that the City is responsible for administering its shoreland ordinance; however, the DNR oversees the shoreland rules and ordinance and has final jurisdiction over them. Mr. Mielke explained that the recommendation to reclassify the west bay of Lake Marion at this time is to bring the zoning ordinance regulations in line with the previously approved Comprehensive Plan update. If this reclassification is not approved, the City will need to amend the Comprehensive Plan to reverse the reclassification decision that was included with the Comprehensive Plan update over a year ago. The City Attorney assured the Council that the proposed reclassification is lawful and constitutional. Garry Krebs, 18885 Knollwood Circle, stated he does not agree that the west bay of Lake Marion fits the State's definition of a Natural Environment Lake. He stated he feels there is no legal authority to apply multiple classifications on a single lake. He also stated he would lose the ability to treat weeds if this reclassification is approved. Mr. Mielke clarified that the Council does have the legal authority to request reclassification, and the DNR has the legal authority to approve the reclassification. The DNR has agreed that the character of the lake meets the definition of a Natural Environment Lake. Mr. Licht explained that mechanical treatment of weeds is allowed for Natural Environment Lakes, but chemical treatment is not. He added that in a situation where a lake is reclassified, if the property owners have obtained the necessary permits prior to the reclassification, the DNR would typically allow them to continue to chemically treat for weeds. CITY OF LAKEVILLE COUNCIL MEETING MINUTES MAY 17, 2010 Page 6 10.29 Motion was made by Rieb, seconded by Swecker to adopt the following: a. Ordinance No. 866 amending Title 10 of the Lakeville City Code and Summary of Ordinance No. 866 for publication; b. Ordinance No. 867 amending Title 11 of the Lakeville City Code (including Zoning Map) and Summary of Ordinance No. 867 for publication; C. Resolution No. 10 -39 requesting the reclassification of the west bay of Lake Marion from Recreational Development to Natural Environment. Council Member Bellows referenced a letter that the Council members received just prior to this City Council meeting from Daniel Remes, who lives on the west bay of Lake Marion. Mr. Bellows pointed out that Mr. Remes has threatened legal action against the City if the Lake Marion reclassification is approved. He suggested the Council table Item 9c to allow the property owner's attorney and the City Attorney to resolve the issues raised by Mr. Remes. Mr. Mielke stated that the letter submitted by Mr. Remes was reviewed by City staff, as well as the City Attorney, and they concur that the City has the legal authority to take this action. The staff will send a written response to Mr. Remes. Roll call was taken on the motion. Ayes, Rieb, Miller, Dahl, Swecker. Nay, Bellows. New Business - None Announcements - Monday, May 31 st - Memorial Day Holiday Council work session - May 24, 2010 Next regular Council meeting -June 7, 2010 Mayor Dahl adjourned the meeting at 8:46 p.m. Re!�5ectfully submitted, Charlene Friedges, Oty Clerk