HomeMy WebLinkAbout11-02-15CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
November 2, 2015
Mayor Little called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall. The
Pledge of Allegiance to the flag was given.
Members Present: Mayor Little, Council Members Davis, Swecker, Anderson and LaBeau
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, Interim Parks &
Recreation Director; Daryl Morey, Planning Director; Charlene Friedges, City Clerk
3. Citizen Comments: Dustin Dennisen, speaking on behalf of Harley Horsager, 17141 Jaybell
Court, addressed the City Council regarding recent developments and anticipated growth in
renewable (solar) energy within Lakeville and the State of Minnesota.
Robert Erickson asked the City Council to consider removing Item 6r, a resolution supporting
the Dakota County Transportation Capital Improvement Program, from the consent agenda.
4. Additional agenda information: None
5. Presentations/Introductions
Chief Meyer presented the Lakeville Fire Department Third Quarter Report. He then
introduced three new firefighters who have recently completed their two-year probationary
period. Chief Meyer administered the oath of office to the new firefighters.
Mr. Petree presented the October Public Works monthly report. In response to Mr. Erickson's
request to remove Item 6r from the consent agenda, Mr. Petree provided an overview of the
Dakota County 2016-2020 Transportation Capital Improvement Program.
Consent Agenda
Motion was made by Anderson, seconded by LaBeau, to approve the following consent agenda
items:
a. Claims for payment
b. Minutes of the October 19, 2015 City Council meeting
City Council Meeting Minutes - November 2, 2015 Page 2
c. Minutes of the October 26, 2015 City Council work session
d. Resolution No. 15-132 authorizing the sale of vehicles
e. Snow removal contract with Fenne's Outdoor Services
f. Purchase of playground equipment from Minnesota/Wisconsin Playground for the Land of
Amazement
g. Convention and Visitors Bureau 2016 budget
h. Deferment of special assessments for senior citizens and residents with disabilities
i. Resolution No. 15-133 approving Chokecherry Hill 4rh Addition final plat and Resolution
No. 15-134 vacating easements
j. Resolution No. 15-135 approving Legacy 2nd Addition final plat
k. Encroachment Agreement with Christian and Kelly Jones for a private patio on public
easements located at 17171 Jackpine Trail
1. Final acceptance of public utilities in Fulford Group I,` Addition
m. Final acceptance of public streets and utilities in Haven at Highview
n. Amendment to FedEx Lakeville development contract
o. Joint Powers Agreement with Dakota County for Kenwood Trail reconstruction between
Dodd Boulevard and 1851 Street
p. Joint Powers Agreement with Dakota County for 2151 Street (CR 70) and Heath Avenue
intersection improvements
q. Joint Powers Agreement with Dakota County for 2151 Street (CR 70) and Humboldt Court
intersection improvements
r. Resolution No. 15-136 supporting the Dakota County 2016-2020 Transportation Capital
Improvement Program
City Council Meeting Minutes - November 2, 2015 Page 3
s. Resolution No. 15-137 accepting donations to the Parks & Recreation Department
t. Resolution No. 15-138 approving employee health and dental insurance rates for 2016
u. Resolution No. 15-139 approving the sale of property located north of 183rd Street and west
of Dodd Boulevard to KRB Development IV, LLC
v. Final acceptance of public streets and utilities in Crescent Ridge 2nd, 31 and 4d' additions
Voice vote was taken on the motion. Ayes - unanimous
7. Downtown Special Service District
Mayor Little opened the public hearing on the imposition of a service charge in the downtown
special service district for taxes payable 2016. Finance Director Jerilyn Erickson presented the
proposed service charge of $27,500. She explained that the allocation of the total service charge
to the downtown properties is based on the net tax capacity of the commercial values of the
properties in the district. The minimum charge levied against a property shall be $100, and the
maximum charge shall be $6,000.
Anne Kutzler, Director of the Downtown Lakeville Business Association, presented the DLBA
annual report. She highlighted several new initiatives that were implemented this past year,
including social media campaigns. She explained that the DLBA Board of Directors researched
other ways to assess the special service district and voted to continue the current system, as the
other methods reviewed were not a true measure of the value of the property.
Council Member LaBeau stated she feels the current assessment places a heavier burden on
some downtown businesses compared to others. She felt that the addition of new residential
development in the area will bring more business to downtown, and she asked how this could
help reduce the burden on the existing property owners.
Paul Haglund, DLBA Board of Directors President, stated the DLBA chose to continue the
current system based on the premise that if downtown improves, the value of the properties
will increase. He explained that small businesses benefit from the service charge, as the DLBA
provides marketing services for those who may not have the time or resources to do it on their
own.
Mayor Little pointed out that, based on social media statistics, the DLBA has been successful in
promoting downtown.
City Council Meeting Minutes - November 2, 2015
Page 4
Dean Simon, Ace Hardware and Paint, spoke in opposition to the downtown special service
district. He asked the City Council to consider disbanding the district and allow downtown to
create its own business district for those who choose to participate. He stated he feels the
downtown dynamics have changed since the district was created and the DLBA has outlived its
usefulness. He felt that the service charge was not intended to last indefinitely.
Don Seiler, Lakeville Brewing Company, spoke in support of the DLBA and the special service
district.
Tracy Hummelgard, Mainstreet Cafe, spoke in support of the DLBA and special service district.
Motion was made by Swecker, seconded by Davis, to close the public hearing.
Voice vote was taken on the motion. Ayes - unanimous
Council Members Swecker, Davis and Anderson spoke in support of the DLBA and
continuation of the downtown special service district.
Council Member LaBeau stated that, after hearing from several downtown business owners
who oppose the special service district, she does not support the current system and imposing
this additional tax on businesses.
Motion was made by Anderson, seconded by Davis, to adopt Resolution No. 15-140 imposing a
service charge for Special Service District No. 1 for taxes payable 2016.
Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson; Nay, LaBeau
8. Avonlea
Mayor Little opened the public hearing on the application of Mattamy Homes for the vacation
of public drainage and utility easements in Avonlea 2°d Addition. Ryan Bluhm of Westwood
Planning and Engineering requested approval on behalf of the developer.
Mr. Morey presented the final plat of Avonlea 2°d Addition, which is a re -plat to correct an
error in the layout of the row townhomes located on the east side of Cedar Avenue, south of
181St Street. He explained that the error occurred when the row townhome layout on the
Avonlea final plat did not take into account modifications to the width of the row townhomes
approved with the Avonlea preliminary plat/Planned Unit Development.
There were no questions or comments from the audience.
City Council Meeting Minutes - November 2, 2015 Page 5
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 Anderson, seconded by Swecker, to adopt Resolution No. 15-141 vacating
drainage and utility easements and Resolution No. 15-142 approving the Avonlea 2"d Addition
final plat.
Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis
9. Kenyon Retail
Patrick Sarver, representing Diversified Equity Investment, LLC, requested Council approval of
two commercial lots and one outlot to be known as Kenyon Retail.
Mr. Morey presented the planning report for Kenyon Retail, located in the southeast quadrant
of County Road 46 and Kenyon Avenue. The proposed development consists of two multi -
tenant commercial buildings for retail and restaurant uses on one lot and two residential care
facility buildings on the second lot. Mr. Morey explained that, along with the preliminary and
final plat, the City Council is being asked to approve conditional use permits to allow more
than one principal building on a commercial lot, impervious surface area greater than 25%, and
a residential care facility in the C-3 District. In addition, a stormwater management and
easement agreement is required to allow the developer to construct and maintain the storm
water facilities located partially on the City owned property adjacent to the plat and to set forth
maintenance responsibilities and standards and establish an easement for potential
maintenance purposes.
A release of deed restrictions recorded in 2001 would allow additional options for development
of the property, such as driveway access locations, gasoline sales and fast food restaurant uses.
A traffic study determined that the proposed location of the driveway access to Kenyon Retail is
safe and reasonable for the proposed commercial uses and meets the requirements of the City's
zoning and subdivision ordinances. The two lots will share the one driveway access, thereby
reducing the number of driveway accesses to Kenyon Avenue.
In reference to the proposed senior memory care facility, Council Member Anderson asked the
City staff and/or developer to consider some type of speed barrier (guard rail) on the south side
of County Road 46 at the southbound exit ramp, given the steep grade at that location. Mr.
Morey stated he would forward Council Member Anderson's request to City and Dakota
County engineering staff.
City Council Meeting Minutes - November 2, 2015 Page 6
Motion was made by Davis, seconded by LaBeau, to adopt the following:
• Resolution No. 15-143 approving the preliminary and final plat of Kenyon Retail
• Findings of fact and conditional use permit to allow more than one principal building
on Lot 1, Block 1, total impervious surface area greater than 25%, and a drive-in and
convenience food establishment in the C-3 District;
• Findings of fact and conditional use permit to allow more than one principal building
on Lot 2, Block 1, total impervious surface area greater than 25%, and a residential care
facility in the C-3 District
• Stormwater Management/Best Management Practice Facilities and Easement
Agreement
• Resolution No. 15-144 recommending release of certain deed restrictions by Dakota
County
Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little
10. Unfinished business: None
11. New business: None
Announcements: Next regular Council meeting, November 16, 2015
Mayor Little adjourned the meeting at 8:34 p.m.
Respectfully submitted,
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Charlene Friedges, Ci ' Clerk
Matt Little, Aayor