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CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
March 6, 2017
Mayor Anderson called the meeting to order at 7:00 p.m. in the Council Chambers at City
Hall. After a moment of silence, the Pledge of Allegiance to the flag was given.
Members Present: Mayor Anderson, Council Members Wheeler, Hellier and LaBeau
Absent: Council Member Davis
Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney;
Jeff Long, Police Chief; Chris Petree, Public Works Director; David Olson, Community &
Economic Development Director; Jerilyn Erickson, Finance Director; Daryl Morey, Planning
Director; Charlene Friedges, City Clerk
3. Citizen Comments
Eric Ecklund, representing Support the Dan Patch Line, urged the City Council to support the
Dan Patch rail line.
Jeff Vandenbusch, 19371 Jersey Avenue, spoke on behalf of Lakeville residents who do not
support the Dan Patch rail line.
4. Additional Agenda Information None
5. Presentations/Introductions
Judy Johnson and Dale Lokkesmoe spoke on behalf of the PATH Coalition. They highlighted
the work that the coalition has been doing over the past several years to prevent youth
chemical use and improve mental health.
City Administrator Miller introduced the following new employees: Tierney Helmers,
Communications Manager; Brandon Oppelt, Parks Supervisor and Tasha Barker, Facility
Attendant.
6. Consent Agenda
Motion was made by Hellier, seconded by LaBeau, to approve the consent agenda items as
follows:
a. Claims for payment
City Council Meeting Minutes, March 6, 2017 Page 2
b. Minutes of the February 21, 2017 City Council meeting
c. Accept the 2017-2019 Strategic Plan for Economic Development
d. Joint Powers Agreement with the Dakota County Community Development Agency for
the Open to Business Program
e. Resolution No. 17-33 approving a land exchange agreement involving property located at
20094 Kenwood Trail
f. Resolution No. 17-34 approving the Berres Ridge 3rd Addition final plat
g. Resolution No. 17-35 approving a gambling permit for VFW Post 210
h. Acceptance of improvements and final payment for Improvement Project 16-13
i. Resolution No. 17-36 approving Summerlyn 6th Addition preliminary and final plat; and
Resolution No. 17-37 vacating a public drainage and utility easement
j. First Amended and Restated Joint Powers Agreement with Dakota County for
engineering, right-of-way acquisition and construction of Kenwood Trail from Dodd
Boulevard to 185th Street
Voice vote was taken on the motion. Ayes – unanimous
7. Dakota Curling – Club Liquor License
Mayor Anderson opened the public hearing on the application of Dakota Curling for a club
on-sale liquor and Sunday liquor license at 20775 Holt Avenue.
Dakota Curling President Darcy Ellarby requested approval of a club on-sale and Sunday
liquor license for the club’s new facility in downtown Lakeville. The club currently has about
400 members. Ms. Ellarby stated they intend to serve alcohol only to club members and their
guests, in addition to members of other curling clubs who participate in tournaments and
special events.
Chief Long presented the police report and stated the applicant meets all requirements of
State Statute and City Code for the requested license.
There were no questions or comments from the public.
City Council Meeting Minutes, March 6, 2017 Page 3
Motion was made by Hellier, seconded by LaBeau, to close the public hearing.
Voice vote was taken on the motion. Ayes – unanimous
Motion was made by LaBeau, seconded by Hellier, to grant a club on-sale liquor and Sunday
liquor license to Dakota Curling, 20775 Holt Avenue.
Roll call was taken on the motion. Ayes –Anderson, Wheeler, Hellier, LaBeau
8. Holyoke Avenue Improvement Project 17-04
Mayor Anderson opened the public hearing on the proposed improvements to Holyoke
Avenue between Heritage Drive and County Road 70, Improvement Project 17-04.
Monica Heil of WSB & Associates provided an overview of the Holyoke Avenue project,
which includes mill and overlay, sidewalk replacement, streetscape improvements and street
light replacement. The project also includes a city message sign, wayfinding signs and
gateway signs at the entrances to the downtown area. The total estimated cost is $2,348,205.
Properties benefiting from the improvements will be assessed in accordance with the City’s
assessment policy. A meeting was held with a subcommittee of the Downtown Lakeville
Business Association, and the consensus reached at that meeting was to move forward with
the project as proposed. Future meetings will be held to discuss final design options prior to
bidding the project.
Jerry Tongen, 20275 Holyoke Avenue, asked if the City would control the dandelions on the
corner of Holyoke Avenue and County Road 50. He also stated he is concerned about the
safety of children who play near the drainage ditch south of his property.
Mr. Petree stated landscaping improvements will be made with the installation of signage at
the Holyoke Avenue intersection. He stated City staff is aware of the drainage issue south of
Mr. Tongen’s property. While it is not a component of this improvement project, staff is
looking at options to reduce the amount of flooding in that area.
Dave Callaway, 7952 Grinnell Way, spoke on behalf of Cross of Christ Community Church
regarding the gradual curb located at 210th Street and Holyoke Avenue. He asked that the
curb not be removed or changed.
Ms. Heil stated Mr. Callaway’s request will be taken into consideration when final plans for
the project are drawn.
Motion was made by Hellier, seconded by LaBeau, to close the public hearing.
Voice vote was taken on the motion. Ayes – unanimous
City Council Meeting Minutes, March 6, 2017 Page 4
Motion was made by Hellier, seconded by Wheeler, to approve Resolution No. 17-38 ordering
the Holyoke Avenue improvement project and authorizing the preparation of plans and
specifications and advertisement for bids.
Roll call was taken on the motion. Ayes – Wheeler, Hellier, LaBeau, Anderson
9. City Code Amendment – Mayor’s Term of Office
Mr. Miller presented an ordinance that would change the mayor’s term of office from two
years to four years beginning with the 2018 election. He pointed out that this ordinance does
not affect the mayor’s current two year term.
Motion was made by Hellier, seconded by Wheeler, to adopt Ordinance No. 975 amending
Title 1, Chapter 8, of the Lakeville City Code concerning the mayor’s term of office.
Roll call was taken on the motion. Ayes – Hellier, LaBeau, Anderson, Wheeler
10. Spirit Place at Brandtjen Farm
Barbara Schneider of Border Foods, representing Marvin Development, requested Council
approval of Spirit Place at Brandtjen Farm 2nd Addition. This project includes the
construction of a Taco Bell restaurant at Pilot Knob Road and County Road 46 near the Hy-
Vee grocery store.
Planning Consultant Dan Licht presented the planning report for Spirit Place at Brandtjen
Farm 2nd Addition, which proposes the construction of a 2,800 square foot Taco Bell
restaurant with a drive-through window. The vacation of an underlying public drainage and
utility easement is being processed in conjunction with the preliminary and final plat. The
landscaping plan has been modified to include recommendations by the Planning
Commission. Off-street parking and signage are consistent with the City’s zoning ordinance
requirements.
Motion was made by LaBeau, seconded by Wheeler, to approve Resolution No. 17-39
approving the preliminary and final plat of Spirit Place at Brandtjen Farm 2nd Addition; and
Resolution No. 17-40 vacating a public drainage and utility easement.
Roll call was taken on the motion. Ayes – LaBeau, Anderson, Wheeler, Hellier
11. City Code Amendment – Titles 3, 4 and 11
Mr. Licht presented an ordinance amending Titles 3, 4 and 11 of the City Code. He
highlighted the major components of the ordinance, which proposes the following:
City Council Meeting Minutes, March 6, 2017 Page 5
• Increase the rate of change for electronic signs from seven seconds to 15 seconds based
on recommendations contained in a Federal Highway Administration report.
• Reduce required trash pick-up for single family, detached townhome and two-family
dwellings from once per week to once every two weeks.
• Reduce the rear yard setback for all single family homes from 30 feet to 20 feet and
clarify buffer yard setbacks.
• Prohibit sanitary sewer connection to detached accessory buildings for single family
uses.
• Allow residential subdivision identification signs to be located at an entrance off of a
minor collector street, as well as off of a major collector or arterial street.
• Limit the number of model home permits in residential subdivisions that are issued
prior to completion of the infrastructure improvements, including the first lift of
asphalt, to one per home builder or 10% of the lots in the final plat, whichever is less.
• Allow waste and recycling transfer stations by conditional use permit in the I-1 and I-2
districts.
Council Member LaBeau questioned the recommendation to limit the number of model
home permits in a residential subdivision. Mr. Miller explained that the ordinance currently
allows the construction of model homes prior to completion of infrastructure improvements.
However, builders have been using this provision to begin construction of homes that they do
not intend to be used as model homes. This situation causes concern from a public safety,
construction access and observation standpoint.
Mr. Morey clarified that the proposed limitation applies just until utilities are installed and
the first lift of asphalt is completed on the public street accessing the lot.
After further discussion, the council members agreed to table Section 9 of the ordinance
related to model homes to allow for additional discussion at their March 27 work session.
Council members and planning staff then discussed the Planning Commission’s
recommendation to increase the rate of change on dynamic display signs from seven seconds
to 15 seconds. Council members stated they do not support the proposed change given there
are no known issues or safety concerns with the current seven second rate of change. They
agreed to remove Section 1 related to dynamic display signs from the ordinance.
Motion was made by Hellier, seconded by LaBeau, to remove Section 1 and Section 9 of the
proposed ordinance and adopt Ordinance No. 976 amending the Lakeville City Code; and
remove Title 3 and Title 11, Chapter 27, of the proposed summary ordinance and adopt
Summary Ordinance No. 976 for publication.
City Council Meeting Minutes, March 6, 2017 Page 6
Roll call was taken on the motion. Ayes – Anderson, Wheeler, Hellier, LaBeau
12. Unfinished business: none
13. New business: none
14. Announcements: Next regular Council meeting, March 20, 2017
Motion was made and seconded to adjourn the meeting at 8:35 p.m.
Respectfully submitted,
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Charlene Friedges, City Clerk
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Douglas P. Anderson, Mayor