HomeMy WebLinkAbout05-02-16CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
May 2, 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 and LaBeau
Absent: Council Members Anderson and Swecker
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, Parks & Recreation
Director; Daryl Morey, Planning Director; Allyn Kuennen, Assistant City Administrator;
Charlene Friedges, City Clerk
3. Citizen Comments: Sandy Raines spoke on behalf of her daughter Mikayla Raines. She
stated her daughter is in the process of obtaining the appropriate DNR licenses and would like
to begin wildlife rehabilitation for the State of Minnesota at her home. Wildlife would be
limited to bunnies, birds and squirrels. Ms. Raines asked for clarification as to why her
daughter must obtain another conditional use permit before she is allowed to take in these
animals. Mayor Little stated the interim use permit approved for Ms. Raines on April 41 was
specifically for the keeping of foxes. He directed her to contact planning staff for additional
information.
4. Additional Agenda Information: Mr. Miller asked the City Council to table Item 6j,
Amendment to Real Estate Purchase Agreement for property located at 9210-202°d Street W.
until the May 161 meeting.
5. Presentations/Introductions
On behalf of Lakeville Rotary, Mark Priori and Greg LaMere provided an overview of the 14th
annual Taste of Lakeville event. This year's event will be held on Thursday, May 19, at the
Lakeville Area Arts Center.
John Hennen introduced Linda Fischer of Post Consumer Brands. Ms. Fischer presented a
donation in the amount of $50,000 to the City of Lakeville for Land of Amazement 2.0.
Mr. Hennen presented the Parks & Recreation Department first quarter report.
City Council Meeting Minutes -May 2, 2016
Page 2
6. Consent Agenda
Council members removed Item 6j from the consent agenda.
Motion was made by LaBeau, seconded by Davis, to approve the consent agenda items as
follows:
a. Claims for payment
b. Minutes of the April 18, 2016 City Council meeting
c. Authorize installation of Lakeville Rotary Club and Lakeville Lions Club signage on City
entry signs
d. Resolution No. 16-54 approving a lawful gambling premises permit to Lakeville Hockey
Association at Baldy's BBQ
e. Agreement with Tracy Nannenga for recreation programs
f. Conditional use permit amendment to allow the construction of a classroom addition to
the North Trail Elementary School building located at 5580 - 170' Street W.
g. Variance to allow a six foot tall privacy fence in the front yard of a single family residential
corner lot located at 18490 Jasper Path
h. Resolution No. 16-55 authorizing demolition of a house at 11311 - 178'' Street W.
i. Resolution No. 16-56 approving the continuation of Cooperative Agreement for the
Dakota County Community Development Block Grant, Home Investment Partnership,
and Emergency Solutions Grant Programs
j. (Removed from consent agenda and tabled)
k. Agreement with Allied Blacktop Company for trail crack sealing
1. Agreement with Prior Lake Blacktop, Inc. for Oak Shores Park tennis and basketball court
reconstruction
m. Resolution No. 16-58 approving First Amended and Restated Joint Powers Agreement for
the Dakota County Domestic Preparedness Committee
City Council Meeting Minutes - May 2, 2016 Page 3
n. Agreement with Friedges Contracting for King Park stormwater improvements
o. Contract with Water Tower Clean and Coat, Inc.
p. Amendment to the on -sale and Sunday liquor license for Lakeville Brewing Company,
8790 Upper 2081' Street W., to include an outdoor patio
Voice vote was taken on the motion. Ayes - unanimous
7. Hy -Vee, Inc.
Mayor Little opened the public hearing to consider the application of Hy -Vee, Inc. for an on -
sale and Sunday liquor license at Hy -Vee Market Grille and an off -sale 3.2% malt liquor
license at Hy -Vee Market Gas.
Jennifer Knesel, Director of the Lakeville Hy -Vee store, briefly explained the company's
policies with respect to training employees who sell and serve alcohol.
Chief Long stated the application has been reviewed and meets all City and State
qualifications for the licenses requested.
There were no questions or comments.
Motion as made by Davis, seconded by LaBeau, to close the public hearing.
Voice vote was taken on the motion. Ayes - unanimous
Motion was made by Davis, seconded by LaBeau, to grant an on -sale and Sunday liquor
license to Hy -Vee Market Grille, 16150 Pilot Knob Road, and an off -sale 3.2% malt liquor
license to Hy -Vee Market Gas, 16144 Pilot Knob Road.
Roll call was taken on the motion. Ayes - Davis, Little, LaBeau
8. Certification of Delinquent Utilities
Mayor Little opened the public hearing on the certification of unpaid water, sanitary sewer
and storm sewer charges to the County Treasurer/Auditor to be collected with other taxes on
said property and the assessment of unpaid street light charges.
Ms. Erickson stated there are 22 accounts proposed to be certified to the 2017 property taxes.
The certification includes a $35 service charge per account and 18% interest.
City Council Meeting Minutes -May 2, 2016 Page 4
There were no questions or comments.
Motion was made by LaBeau, seconded by Davis, to close the public hearing.
Voice vote was taken on the motion. Ayes - unanimous
Motion was made by Davis, seconded by LaBeau, to approve Resolution No. 16-58 certifying
unpaid water, sanitary sewer and storm sewer charges to the County Treasurer/Auditor to be
collected with other taxes on said property and assessing unpaid street light charges.
Roll call was taken on the motion. Ayes - Little, LaBeau, Davis
9. Klotz Variance
Glen Klotz requested Council approval of a variance to allow the construction of a single
family home on a vacant lot located just south of the Lakeville/Burnsville city limits on the
west side of Judicial Road. He stated he feels the property is adequate in size and meets all
criteria of the City's zoning ordinance. He explained that this 1.29 acre parcel was subdivided
in 1980 and recorded with Dakota County without the City's involvement which, he stated,
was not required at that time.
Mr. Morey explained that in 1977, the City Council adopted an ordinance requiring all lots
without city sewer to be 10 acres in area and 300 feet in width. When the subject property was
subdivided in 1980, the legal non -conforming "grandfather" rights were forfeited. Because of
this, a variance is now required. The zoning ordinance requires that a variance must address
and meet seven specific criteria. In reviewing these criteria, staff has determined that this
variance request does not meet all seven. The Planning Commission held a public hearing on
the variance request and unanimously recommended denial. Staff recommends adoption of
the findings of fact and decision to deny the variance.
Council Member LaBeau expressed concern that this property may be landlocked. Mr. Morey
stated it has road frontage and could be developed when City sewer is extended to it. He
further stated that the current Comprehensive Plan does not anticipate sewer to be extended
to this area of the City before the year 2020. In the past, residents have overwhelmingly
expressed desire to maintain the rural character of the area.
Motion was made by Davis, seconded by Little, to adopt Findings of Fact and Decision to
deny a variance allowing the construction of a single family home on PID number 22-13600-
00-043.
Roll call was taken on the motion. Ayes - Davis, Little; Nay - LaBeau
City Council Meeting Minutes -May 2, 2016
10. Berres Ridge 2" Addition
Page 5
John Anderson, representing Berres Ridge Development, requested Council approval of the
Berres Ridge 2nd Addition preliminary plat and rezoning a portion of the property from RS -3
to RS -4, Single Family Residential District. He stated the second addition represents a
reconfiguration of the original Berres Ridge preliminary plat. He asked the Council to
consider allowing a reduction in the right-of-way width for Hiawatha Court and 1991 Court
from 60 feet to 50 feet. The reduced right-of-way width on Hiawatha Court is needed to
minimize the impact on the large pine trees to the west of Hiawatha Court. Because of the
steep slopes on the north side of 1991 Court, a reduction in the right-of-way width would
provide for larger back yards for those homes.
Mr. Morey presented the planning report for Berres Ridge 2nd Addition. He clarified that the
developer is not required to bury the existing overhead utility line on the west side of
Highview Avenue, as was stated in the planning report. Staff also concurs that the developer
shall be reimbursed for grading and restoration of the trail on the east side of Highview
Avenue.
Mr. Morey addressed the cul-de-sac street width, stating the subdivision ordinance allows for
a reduction in the right-of-way width in environmentally sensitive areas. Staff has determined
that this property is not environmentally sensitive and, therefore, the right-of-way width
reduction is not warranted. Staff does support the proposed rezoning of a portion of the
preliminary plat from RS -3 (85 foot wide lots) to RS -4 (70 foot wide lots).
Council members discussed the 60 foot cul-de-sac right-of-way width versus the 50 foot right-
of-way width and whether this plat fits the definition of environmentally sensitive, warranting
the reduction as requested by the developer. Council members also questioned the detriment
to a 10 foot reduction in the right-of-way. Mr. Morey explained that a reduction in the right-
of-way reduces the area for snow storage and limits the area for work on utilities and streets, if
needed. He suggested the City Council consider whether the subdivision ordinance should be
amended to allow a 50 foot cul-de-sac right-of-way width.
Council members felt that the Hiawatha Court cul-de-sac meets the definition of
environmentally sensitive due to the large pine trees. They felt that a right-of-way reduction
on 1991 Court was not justified.
Motion was made by Davis, seconded by LaBeau, to approve the following:
City Council Meeting Minutes -May 2, 2016
Page 6
• Resolution No. 16-59 approving the Berres Ridge 2nd Addition preliminary plat,
modifying Condition No. 4 to read, "The developer shall modify the plat to show 199th
Court with a 60 foot right-of-way width."
• Findings of Fact and Decision, and Ordinance No. 963 rezoning property from RS -3
to RS -4
Roll call was taken on the motion. Ayes - Little, LaBeau, Davis
11. Unfinished business: None
12. New business: None
13. Announcements: Next regular Council meeting, May 16, 2016
Mayor Little adjourned the meeting at 8:26 p.m.
Respectfully submitted,
(12
Charlene Friedges, City C01
Matt Li e, Mayor