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HomeMy WebLinkAbout04-04-05 F CITY OF LAKEVILLE COUNCIL MEETING APRIL. 4, 2005 Mayor Johnson called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council Members Bellows, Wulff, Rieb, Luick and Mayor Johnson. Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; S. Strachan, Police Chief;. B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MFNUTES The minutes of the March 21, 2005 City Council meeting were approved as presented. ® STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None PARKS & RECREATION DIRECTOR: Mr. Michaud presented the Parks & Recreation Department 2004 Annual Report PRESENTATIONS/INTRODUCTIONS Jon Ridge, Executive Director of the Minnesota Council of Hostelling International, provided a brief summary of the .2005 Ironman Bike Ride, scheduled to take place on Sunday, April 24cn Senior Center Coordinator Linda Walter requested the City Council proclaim April 17-22, 2005 as National Volunteer Recognition Week at the Lakeville Senior Center. Council Member Wulff read the proclamation. . , r. CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 2005 PAGE 2 Finance Director Dennis Feller introduced Lakeville Community Corporation Board of Directors Rick Dale, Steve Boerboon and Tony McDonald. LCC President Mike Watters was not in attendance. Mayor Johnson presented plaques to the Board members of the Lakeville Community Corporation in recognition of their leadership role in the construction and management of the Lakeville Ames Arena. CITIZENS' COMMENTS None CONSENT AGENDA 05.28 Motion was made by Luick, seconded by Bellows to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the March 17, 2005 Planning Commission and the March 16, 2005 Parks, Recreation & Natural Resources Committee meetings. c. Resolution No. 05-28 approving plans and specifications and setting a bid date for playground upgrades, Improvement Project 05-06. d. Resolution No. 05-29 approving donation of snacks from Con-Agra Foods to the Parks and Recreation Department. e. Final acceptance of utility improvements, Lakeville Town Office Park. f. Resolution No. 05-30 receiving bids and. awarding contract for 2005 miscellaneous roadway repairs, Sealcoating District 2B, Improvement Project 05-02. g. Resolution No. 05-31 authorizing re-advertisement for bids for 175' Street widening, Jonquil Avenue to Ipava Avenue, Improvement Project 05-01. h. Acceptance of improvements and final payment for Well No. 17, Improvement Project 03-11. i. Three-year special home occupation permit extension for the operation of a hair salon business at 16524 Jaguar Avenue. CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 2005 PAGE 3 j. Three-year special home occupation permit extension for the operation of a yoga instruction business at 16560 Laigle Avenue. k. Resolution No. 05-32 approving the final plat of Chadwick Farm 2"a Addition. I. Resolution No. 05-33 approving the final plat of Creekside Business Park. m. Resolution No. 05-34 approving the final plat of Spyglass 3rd Addition. n. Resolution No. 05-35 approving the final plat of Crossroads 7th Addition; and Resolution No. 05-36 approving the final plat of .Crossroads 8th Addition. o. Telephone Services Agreement with Frontier Communications of Minnesota. p. Joint Powers Agreement between Dakota County and the City of Lakeville for Household Hazardous Waste Collection. q. Liquor license amendment for the Chart House Restaurant to allow live outdoor entertainment on Saturday, June 11, 2005. r. Gambling permit for All Saints Church to hold a raffle on May 8, 2005. s. Resolution No. 05-37 appointing advisory board for Special Service District No. 1. t. Resolution No. 05-38 revising the MIS Policy of the City of Lakeville Employee Handbook. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 8 Mayor Johnson opened the public hearing on sewer and water improvements to Appaloosa Farms (Iteri Avenue, Iteri Court East, Iteri CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 2005 PAGE 4 to .Court West and 194 Street West), Improvement. Project 04-10. The City Clerk attested to legal notices being duly published and mailed. Mr. Nelson introduced Brett Weiss, WSB, who presented the feasibility report for the proposed installation of sanitary sewer, :watermain and street improvements in the Appaloosa Farms unplatted subdivision located south of 192"d Street along Iteri Avenue, 194th Street West and Iteri Courts East and West. He explained that following receipt of a petition from 18 of the adjacent property owners, a neighborhood meeting was. held. Sixteen out of 23 property owners attended the meeting, and a majority of the property owners were in favor of the City proceeding with a feasibility study. A draft feasibility study was prepared and mailed to all affected property owners,. and a second neighborhood meeting was held. A majority of the residents who attended that meeting were in favor of the project. Mr. Weiss explained that the project. includes the installation of sanitary sewer and watermain to replace the existing septic and well systems, some of which are failing, and the reconstruction of the existing gravel roadwaysto 24-foot wide paved rural section roads with gravel shoulders. S The project would also include the extension of Iteri Court East from the existing cul-de-sac to connect to the stub street off Ireland Way in the Paradise Hills development. Various options were considered; and Option 3 is being recommended, which allows a potential for 27 new lots as a result of platting or administrative subdivision, without construction of additional streets.. The estimated cost for this option is $767,200, which includes 35% indirect costs. Assessments for future lots are proposed to be deferred until they are developed. Funding for the project is provided 100% from assessments to the benefiting properties; however, the City wilt temporarily front-end .the financing for the deferred assessments, approximately $428,800. Mr. Weiss explained that Option 3 allows some property owners to subdivide their lots, creating additional lots along existing roads within the .development. This helps lower the overall project costs on a per lot assessment. Some property owners, hestated, are not able to subdivide along existing roads and sell off a portion of their property to offset the cost of the assessment. It maybe possible for those owners to subdivide if they cooperatively worked to add additional roads or cul-de-sacs. Staff feels, however, that this is the right time to deal with the number of septic systems that are failing in this unplatted subdivision. CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 2005 PAGE 5 Mr. Weiss explained that property owners have expressed concerns regarding cut-through traffic between the high school and Kenwood Trail, and they are concerned that the street connection to Paradise Hills will increase traffic in their neighborhood.. He pointed out that there are traffic control measures that could be implemented to remedy this concern.. He further pointed out that the City should not allow any subdividing south of 194t" Street .without completing the roadway connection and eliminating the existing non-conforming cul-de-sac.. The connection also allows for a looped system watermain to provide better circulation and fire protection .flows. It also provides better accessibility for emergency vehicles. .The City Engineering Department is recommending 24-foot wide streets with no .curb & gutter, storm sewer or additional ponding in an effort to make this project work, while maintaining the existing character of the neighborhood. If the City Council decides to proceed with the project, it is anticipated that a contract can be ordered in early. June, with substantial completion in the fall of 2005. A public assessment hearing would be held in the fall of 2006 after the project is completed. Council. Member WuIfP asked if the lack of a formal storm sewer system wily create any drainage problems when the additional homes are built. Mr. Weiss stated there are existing. wetlands that will be able to handle storm water. He pointed out that even with the additional lots on .one and one-quarter acre, the area is still low in density when compared to a development with one-third acre lots. Randy Knippel, 9925 Iteri Court West, stated he does. not need or want this project because of the costs. He doesn't feel his property. will appreciate enough to justify the assessment. Reinhard Lampat, 19520 Iteri Avenue, stated the proposed cost of the project has increased since the project was originally presented to the property owners. He stated he does not want to subdivide his properly, and .feels the costs are too high. Mr. Weiss explained that staff prepared a rough estimate after the petition was received from the property owners. That estimate was presented at the first neighborhood meeting. A detailed feasibility report was then completed, which provided a more accurate cost estimate. He explained CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 2005 PAGE 6 that in addition to the construction cost, each property owner is responsible for connection charges, which vary for each lot, depending on the distance between the home and the sewer/water lines. .Property owners are also responsible for disconnecting their existing wells and septic systems from their homes. Wells can continue to be used fior irrigation purposes; however, the septic tanks need to be pumped, crushed and filled with dirt. Mr. Weiss explained that there are some lot line issues in this area, because when the irons were originally put in place, the surveyor used a different monumentation than what is currently used. He stated there are several different ways to rectify these issues, and the property owners will need to deal with them individually. Keith Poets, 9945 Iteri Court West, stated his lot cannot be subdivided, and he is not in favor of the project. Blaine Eggum, 19390 Iteri Avenue, stated he is opposed to the project, because he built his home a year and a half ago and installed a well and septic system on his property. He stated that before he built his home, he asked City staff whether sewer and water would be extended to this area any time soon. He was told it was not likely to happen for at least five years. He stated it doesn't make sense to proceed with this project without a storm water system with curb & gutter to accommodate future development. He was also concerned with the additional cut-through traffic that this project will create. Michael Freeman, 9830 Iteri Court East, stated he currently lives on a cul- de-sac and asked about noise, traffic and safety precautions during. the construction phase. Mayor Johnson assured Mr. Freeman that extensive measures are taken. to keep neighborhoods safe during construction. Carol Monter, 9975 West 194t" Street, stated she has recently retired and will not be able to subdivide her property to help off-set the cost of the assessment. She requested an assessment deferment. Mayor Johnson reminded the residents that the primary purpose of this project is to provide sewer and water to the existing homes, not to provide opportunities for residents to sell their land and make money. CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 2005 PAGE 7 Kathy Fitzpatrick, 19455 Iteri Avenue, stated she is in favor of the project because of the deteriorating wells and septic systems. She stated the plan being proposed will maintain the culture and feel of the neighborhood. Wayne 7agow, 19553 Iteri Avenue, stated he is in favor of the project because of his failing septic system and problems with his well. He stated he does not intend to subdivide his property at this point in time. Bob Lane, 9875 194' Street, stated he is in favor of the project, as he sees this as an opportunity to be competitive with the surrounding area and capture the market value of the property in this area. Robert Marberry, 9850 Iteri Court West, stated he is against the project as presented, because he cannot afford the hook up charges, because his house is 600 to 700 feet from the sewer and water lines. He would, however, support the road improvements. Conrad Curren, 9835 Iteri Court East, stated he is in favor of the project; however, he would prefer to keep the cul-de-sac to avoid additional traffic. He stated he feels the City has prepared a good plan for this area while keeping expenses to a minimum. 05.29 Motion was made by Luick, seconded by Wulff to close the public hearing. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. Council Member Wulff asked Mr. Weiss to outline the proposed project costs and clarify the per lot assessment. Mr. Weiss explained that if the costs are divided equally between the existing parcels, it would cost about $34,000 for sewer, water and street improvements. As presented, .showing the additional lots that could be created, it would cost about $16,000 per lot, which is less than what a new development would pay for sewer, water and streets. Because there is a potential for additional lots, it reduces the cost to the individual property owners, keeping in mind that if a property owner subdivides and creates an additional lot, that property owner pays twice as much as a property owner who cannot subdivide. Council Member WuIfF asked about the deferred assessments on the newly created lots. Mr. Nelson stated the assessments would be deferred for 20 years, with interest, until the property is subdivided; however, the r CITY. OF LAKEVILLE COUNCIL MEETING APRIL 4, 2005 PAGE 8 statutory maximum is 30 years. The City Attorney explained that deferments can continue up to 30 years, and then they are abated. Council Member Rieb stated it appears that a majority of the property owners are against the project. If that's the case, she asked why the. City should proceed. Mr. Weiss pointed out, as explained at the neighborhood meetings,. that this is likely to be the best deal the City would offer for improvements to this area.- Mayor Johnson suggested additional discussion of this item at an upcoming Council work session. 05.30 Motion was made by Bellows, seconded by Wulff to table consideration of a resolution ordering public improvement and preparation of plans and specifications for Appaloosa Farms sewer and water, Improvement Project 04-10, until the April 18, 2005 City Council. meeting. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. ITEM 9 Rick Cotter, representing 84 Lumber Company, requested Council approval of the 84 Lumber First Addition. Mr. Morey provided an overview of the preliminary and final plat of 84 Lumber First Addition, which is located west of Grenada Avenue and north of 220th Street in Airlake Industrial Park. The 10.45-acre preliminary and final plat proposes the construction of a wholesale lumber supply building with three accessory storage buildings. The property is zoned I-2, General Industrial District. The development involves the combination of two metes and bounds .parcels into one platted lot, and includes the dedication of right-of--way for Grenada Avenue adjacent to the proposed development. Mr. Morey stated the development includes a 34,500 square foot principal building and a 10,000 square foot enclosed accessory building, along with two 8400 square foot storage buildings. In addition to the principal building and accessory/storage buildings, there are areas identified on the .site plan for outdoor storage. .The developer is proposing extensive CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 2005 PAGE 9 landscaping around the entire perimeter of the properly to screen that outdoor storage area. At .the request of the Planning Commission, the developer has. added additional trees along the north and west sides of the properly. Mr. Morey stated the preliminary and final plat of 84 Lumber First Addition meets all requirements of the zoning and subdivision ordinances. Staff recommends approval 05.31 Motion. was made by Rieb, seconded by Wulff to approve Resolution No. 05-39 approving the preliminary and final plat of 84 Lumber First Addition. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. ITEM 10 AI Grazzini and Dave Oswald, representing the Lakeville Rotary Club, requested Council approval of a temporary on-sale liquor license for the Lakeville Rotary Club to host the "Taste of Lakeville" event on May 5, 2005. The event will, again, be held at the Lakeville Area Arts Center from 5:00 to 9:00 p.m. Alcohol distributors will serve sample portions of beer and wine, and approximately 14 restaurateurs and caterers will offer specialty food items. The event will be restricted to persons 21 years of age or older. The event will also include outdoor entertainment. and.a live and silent auction. 05.32 Motion was made by Rieb, seconded. by Luick to approve a temporary on- sale liquor license for the Lakeville Rotary Club to host the "Taste of Lakeville" event on May 5, 2005. Roll call was taken on the motion. Ayes, Luick, .Bellows, Johnson, Wulff, Rieb. ITEM 11 The City Administrator- outlined several items for the Council's review and consideration at an .upcoming work session, including the Appaloosa Farms sewer, water and street improvement project,. as recommended this evening. He stated the Council is also being asked to set a date for a Council/Staff retreat to establish goals and objectives for the next two to five years. CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 2005 PAGE 10 05.33 Motion was made by Luick, seconded by Wulff to hold a Council work session on Tuesday, April 12, beginning at 4:30 p.m.; and aCouncil/Staff retreat on Saturday, May 7, beginning at 7:30 a.m. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS: Next regular Council meeting, April 18, 2005 Mayor Johnson adjourned the meeting at 8:49 p.m. Respectfully submitted, T arlene Fri dges, i Clerk Robert D. Jo son, Mayor