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CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
April 18, 2016
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 and Anderson
Absent: Council Member LaBeau
Staff Present: Justin Miller, City Administrator; Roger Knutson, City Attorney; Lieutenant
Jason Polinski; Chris Petree, Public Works Director; David Olson, Community & Economic
Development Director; Jerilyn Erickson, Finance Director; Daryl Morey, Planning Director;
Allyn Kuennen, Assistant City Administrator; Charlene Friedges, City Clerk
3. Citizen Comments: Bob Erickson, 18224 Justice Way, addressed the City Council regarding
concerns he and other Lakeville residents have with respect to the potential development of
high density housing in Lakeville.
4. Additional Agenda Information: None
5. Presentations/Introductions
Council Member Swecker read the proclamation declaring April 23, 2016 Arbor Day in the
City of Lakeville.
City Administrator Miller provided an Envision Lakeville status update.
6. Consent Agenda
Motion was made by Anderson, seconded by Davis, to approve the consent agenda items as
follows:
a. Claims for payment
b. Minutes of the April 4, 2016 City Council meeting
c. Minutes of the April 11, 2016 Council work session
d. Joint Powers Agreement with Dakota County for a household hazardous waste drop-off
day event
City Council Meeting Minutes – April 18, 2016 Page 2
e. Contract with Minnesota Dirt Works for the construction of Summerlyn Park
f. Resolution No. 16-42 accepting donations to the Parks & Recreation Department
g. Accept proposal from SRF Consulting Group, Inc. for engineering services associated with
the 2016 pedestrian crossing improvements, City Project 16-12
h. Notice of Intent to Consider a Cable Communications Franchise
i. Kenyon Retail final plat extension
j. Confirmation of Planning Commission Chair Jason Swenson
k. Findings of fact and decision and amendment to conditional use permit No. 09-02 to
allow the Minnesota Center for Advanced Professional Studies program to locate in the
Minnesota School of Business building located at 17685 Juniper Path
l. Findings of fact and decision and Ordinance No. 961 rezoning property located at 19784
Kenrick Avenue (Safety Properties, LLC) from RM-2, Medium Density Residential
District, to Planned Unit Development
m. Resolution No. 16-43 establishing a no parking zone on Dodd Boulevard from 194th Street
to 184th Street
n. Water meter installation, maintenance, reading and testing policy
o. Easements and Quit Claim Deed with Dakota County for Dodd Boulevard reconstruction
p. Resolution No. 16-44 establishing a no parking zone along 172nd Street from CP Railroad
tracks to County Road 5 (Kenwood Trail)
q. Resolution No. 16-45 approving Municipal State Aid (MSA) System revisions
r. Joint Powers Agreement with Dakota County for Dodd Boulevard and Pilot Knob Road
intersection improvement
s. Contract with E.H. Renner & Sons, Inc. for rehabilitation of Well No. 19
City Council Meeting Minutes – April 18, 2016 Page 3
t. Resolution No. 16-46 awarding contract and Change Order No. 1 for the 2016
miscellaneous roadway repairs and overlays, City Project 16-01
u. Joint Powers Agreement with Dakota County Community Development Agency for
development of the County wide fiber systems plan
v. Resolution No. 16-47 approving preliminary plat of Spirit of Brandtjen Farm 16th
Addition
w. Resolution No. 16-48 authorizing disposal of assets (computers)
Voice vote was taken on the motion. Ayes – unanimous
7. Northern Tier Retail, LLC
Mayor Little opened the public hearing to consider the application of Northern Tier Retail,
LLC, for an off-sale 3.2% malt liquor license at SuperAmerica #5011, 17546 Kenrick Avenue.
Lieutenant Jason Polinski presented the police report. District Manager Sean Sullivan stated
Northern Tier Retail has an employee training program and strict policies related to the sale
of alcohol to underage persons.
There were no questions or comments.
Motion was made by Swecker, seconded by Davis, to close the public hearing.
Voice vote was taken on the motion. Ayes – unanimous
Motion was made by Davis, seconded by Swecker, to grant an off-sale 3.2% malt liquor license
to Northern Tier Retail, LLC, doing business as SuperAmerica #5011, 17546 Kenrick Avenue.
Roll call was taken on the motion. Ayes – Davis, Little, Swecker, Anderson
8. Street Reconstruction Project 16-02
Mayor Little opened the public hearing to consider proposed assessments for the 2016 street
reconstruction project, Improvement Project 16-02. Operations & Maintenance Engineer
Monica Heil provided a brief background and overview of the project and assessments. Based
on the bid prices received, the total cost for this project is expected to be $12,105,408. This
represents a 6.4% reduction from the feasibility report estimate. The total cost to be specially
assessed to the benefiting property owners is $3,018,419.73. Ms. Heil provided an overview of
the City’s assessment policy, which follows Minnesota Statute Chapter 429 for public
City Council Meeting Minutes – April 18, 2016 Page 4
improvements. Assessments can be paid without interest by November 15, 2016, and
deferments are available to qualifying property owners.
Jeff Vandenbusch, 19371 Jersey Avenue, asked the City Council to consider a compromise on
the assessment for his property and the other five properties off of Jersey Avenue that share a
driveway. He requested the compromise due to the fact that he and his neighbors have a
considerable amount of money invested in maintaining this driveway easement.
There were no additional comments from the audience.
Motion was made by Anderson, seconded by Swecker, to close the public hearing.
Voice vote was taken on the motion. Ayes – unanimous
Council Member Anderson stated he appreciates the perspective expressed by Mr.
Vandenbusch with his unique situation and further appreciates the money that these property
owners have spent to maintain the driveway easement and protect the lake. He pointed out,
however, that it is the responsibility of all property owners to share the burden of maintaining
City streets. He stated that while there could possibly be changes in the future, he supports
the City’s current assessment policy.
Mayor Little explained to Mr. Vandenbusch that the City Council gave this request serious
consideration. However, council members felt it would not be possible to allow a
compromise without setting a precedent.
Motion was made by Swecker, seconded by Anderson, to approve Resolution No. 16-49
adopting assessments and Resolution No. 16-50 awarding contract for Improvement Project
16-02.
Roll call was taken on the motion. Ayes – Little, Swecker, Anderson, Davis
9. Highview Avenue Project 16-04
Ms. Heil presented a resolution calling a public hearing on proposed assessments for
Highview Avenue, Improvement Project 16-04. She provided a brief overview of the project.
Seven bids were received for the project. Based on the low bid prices received, the total cost
for this project is expected to be $324,180. This amount is $92,355 less than what was
presented in the feasibility report, resulting in a 22.2% reduction to the special assessment
amounts that were estimated last fall. The assessment hearing will be held on May 16, 2016.
Motion was made by Davis, seconded by Swecker, to approve Resolution No. 16-51 calling a
public hearing on proposed assessments for Improvement Project 16-04, Highview Avenue.
City Council Meeting Minutes – April 18, 2016 Page 5
Roll call was taken on the motion. Ayes – Swecker, Anderson, Davis, Little
10. Argonne Fields
Steve Embretson of Baton Homes requested Council approval of the Argonne Fields
preliminary plat, Comprehensive Plan amendment and an ordinance rezoning property from
RS-2 to Planned Unit Development. He stated the project will include single level
townhomes. Their buyers tend to be retirees and empty nesters.
Planning Director Daryl Morey provided an overview of the Argonne Fields preliminary plat,
which consists of 20 twinhome units and four outlots on 9.66 acres of land located east of
Kenwood Trail and south of 175th Street. In conjunction with the preliminary plat, the
developer is requesting an amendment to the Comprehensive Plan to re-guide the property
from Low Density Residential to Low/Medium Density Residential and to rezone the property
from RS-2, Single Family Residential District, to Planned Unit Development.
Mr. Morey explained that the flexibilities being requested by the developer as part of the
Planned Unit Development rezoning, which are supported by City staff, include the number
of units allowed on a private drive and the setbacks from the private drive. Another flexibility
being allowed is the 20 foot setback in between buildings. Mr. Morey stated the main reason
for supporting these flexibilities is because of the environment/wetlands on this parcel of
property.
Mr. Morey stated the developer and City staff discussed possible site layouts and street
configurations, both of which had challenges due to the large wetland on the south end of the
property and the rising grade on the property between Junelle Path and the east property line,
particularly in the north part of the subject property. Therefore, the possibility of making a
street connection to the east was deemed not feasible.
Charlie Gerk, 10466 W. 175th Street, stated he supports the project but feels there is a lack of
planning for the remaining parcels of property in the area. He asked that the developer work
with his engineer to make sure the sewer inverts and water elevations are at good locations so
that they work with his property when it develops in the future. He questioned the City’s
PUD guidelines with respect to converting a public roadway into a private roadway.
Mr. Morey responded to Mr. Gerk’s questions regarding PUD guidelines and private roads.
He stated the City’s ordinance requires that as development occurs, utility connections must
be made available to the adjoining properties. Staff will assure that the developer’s engineer
work with Mr. Gerk’s engineer on this matter.
City Council Meeting Minutes – April 18, 2016 Page 6
Motion was made by Davis, seconded by Anderson to approve the following:
Resolution No. 16-52 approving the Argonne Fields preliminary plat
Resolution No. 16-53 approving a Comprehensive Plan amendment
Ordinance No. 962 rezoning property from RS-2 to Planned Unit Development
Roll call was taken on the motion. Ayes – Anderson, Davis, Little, Swecker
11. Unfinished business:
12. New business:
13. Announcements: Next regular Council meeting, May 2, 2016
Council work session, April 25, 2016
Mayor Little adjourned the meeting at 8:10 p.m.
Respectfully submitted,
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Charlene Friedges, City Clerk
____________________________________
Matt Little, Mayor