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HomeMy WebLinkAboutItem 06.bCITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES November 19, 2012 Mayor Bellows called the meeting to order at 7 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Council Members Rich, Sweeker, Little, LaBeau and Members Absent: None Staff Present: Steve Mielke, City Administrator; Roger Knutson, f Chr Police Chief; � i iio Pe ree, FUblTC Works Direeior; David Olson" C Development Director; Dennis Feller, Finance Director; John Hen: Recreation Director; D. Morey, Planning Director; Char hedges,, 3. Citizen Comments None 4. Additional Agenda Information Mr. Mielke provided a Agenda Item 9. 5. Presentations /Introductions in nny Interim I Clerk. engineering report for Bob Erickson, Shelly Carney and Eric Brand, representing the Friends of the Lakeville Area Arts Center, presented tbe update ©£the Arts Center activities and fundraising. Chief Vonhofpresented the Police Department's October monthly report. Mr. Hennen presented t" October monthly report of the Parks & Recreation Department. 6. was made by LaBeau, seconded by Little to approve the consent agenda items as b. MiiiI s of the November 5, 2012 City Council meeting c. Minutes of the November 9, 2012 special Council meeting d. Stipulation of Facts and Civil Sanction with Rudy's Redeye Grill e. Performance agreements with Old Friend Productions for the Lakeville Area Arts Center f. Professional Services Agreement with Craig Rapp, LLC for the Community Vision Plan City Council Meeting Minutes, November 19, 2012 Page 2 Roll call was taken on the motion. Ayes — unanimous 7. Public Hearing to Consider Improvement Project 13 -02 Mayor Bellows opened the public hearing to consider Improvement Project 13 -02. The City Clerk attested to legal notices being duly published and mailed. Mr. Peirce stated the project area includes a portion of Valley Park, the Clay's Acres area and 204` Street just south of Lake Marion. Monica Heil of WSB & Associates explained that the proposed improvements include, in the Valley Park area, complete street i ^ reconstruction, complete curb and gutter replacement, spot sidewalk replacement and storm sewer improvements to address localized drainage issues. Thc`� rojeet pr ses complete street reconstruction on 204 Street, reducing the width from 36 feet to 32 fee —W ich is x.� consistent with the City's current design standards for IocaI streets. The reduced street width will also minimize tree impacts. With the storna''sewer improvements along 204` Street, the City will also investigate opportunities Ett raprove water discharge into Lake Marion. The project proposes, in the Clays Acres area 'tiplete street construction, spot sidewalk replacement, new concrete curb and gutter, stormm Sewer -and drain file improvements. The project will also include water main irtzppvements in portions of Valley Park and Clay's Acres. Corrosive soils were identifcd in Clay's Acres; therefore, all existing iron water main will be replaccdiwifh plastic water main. The estimated project costs S8,508,000.,- that amount, approximately $2,611,600 will be assessed to the benefiting property owners. Assessments are estimated at approximately $4,343 per single family unit`in Valley Park, S6,395 per single family unit on 204` Street and $6,745 per sing]e,:familyiunit in Clay's Acres. Properties not zoned for single family use (commercial /industrial) are assessed 150% of the single family unit rate. Corner lots are assessed one unit , The asses4n& are spread over a 20 -year period at approximately three to six percent mteresi €If the project is awarded, bids would be opened in March, and the assessment hearing would �e held on April 15, 2013. icil Member aBeau asked about the proposal to narrow the width of 204 "' Street. Ms. explained that` maintaining the 36 foot width on 204"' Street would increase the project She furtherexplained that concrete curb and gutter will be installed, which provides lost efficierYi and long lasting way to get water off the street and into the storm sewer m,, The, project proposes to redirect storm water from the current catch basins to a agu�tch system along 204 "' Street so that the water can be pretreated prior to arging into Lake Marion. Jim Gronvall, 20914 Ixonia Avenue, stated he felt the proposed assessment is too high, given the fact that he was previously assessed for street improvements in 1985. He felt that the properties that were assessed for a new storm sewer system in 1985 should not be assessed to have the storm sewer system replaced now. City Council Meeting Minutes, November 19, 2012 Page 3 Verdale Kenneberg, Galena & 163` Street, asked about burying the phone and electric lines as part of the project. Jim Pendergrass, 20915 Iran Avenue, asked if the curve in his street will be straightened and, if so, how it would affect the slope of his driveway. Jay Wolff, 20843 Iran Avenue, voiced a concern with getting a low profile accessible van in and out of his street and driveway during construction. Lucy Gaylor, 20899 Isle Avenue, asked if lawn sprinklers would be repaired or replaced and who covers the cost. Paul Baker, 20814 Ixonia Avenue, asked about tree Jacent Fahistrom, 16555 Genesee Avenue, stated he was concerned with accessibility for the elderly and disabled and the reconstruction of driveways. Mark Miller, 20950 Isle Avenue, questioned the consfinc to yards and driveways. He suggested that the paving col extra paving of driveways for the property owners during Scott Nelson, 16630 Genesee Aver, also asked whether the City would parked on an adjacent street during process and timing of repairs tor,should be willing to do protect. rest rate on the assessment. lie damage to vehicles that are Valerie Spickler, 20975 Isle .Avenue, asked about the timeline with respect to alternative mail delivery and vehicle parking. Diane Johnson, 162 Glengary Court, asked if the assessment could be paid in two years without interest. ta Ris6he1, 20870 Iteri Avenue, questioned the estimated amount of top soil and sod be needed in Clay's Acres. She also asked about the corrosive soils and what affect soil conditions would have on burying utility lines. Max, 742 165 Street, asked if any digging would occur beyond the edge of the Leroy Pavek, 20884 Iran Avenue, indicated that he replaced his curb stop and driveway a couple years ago and asked if the contractor would restore his driveway to its current condition. He also asked about paying off the assessment after it is levied. Ms. Heil and Mr. Pence provided the following responses: • Drain tile will be installed in the Clay's Acres area with new service to each property; and the City is proposing to fund the entire cost of drain tile improvements. City Council Meeting Minutes, November 19, 2012 Page 4 • The estimated design life for the new street surface is 40 to 50 years; design standards are evolving. • The City will hold a pre - design meeting with all utility providers in the area to coordinate their infrastructure improvements with this project. The utility companies do not charge the homeowners for these improvements. • It is proposed that title work would be completed on Iran Avenue to determine the exact location of the right -of -way. Realignment of Iran Avenue is not proposed. • The City and contractor make every attempt to accommodate specific needs of residents with respect to access to their property. A barrier stylecurbs proposed to be installed in the 204' Street and Clay's Acres areas; a surmountable curb, which is currently in place, will be installed in the Valley Park area. • The contractor is responsible for repair and/ or replacement of sprinkler systems. • The City and contractor will work to preserve as many trees as posy ble,,,Any trees within dic boulevard that need to be removed will t o be replaced. Trees outside of the boulevard typically have been replaced. • When replacing driveways, the contractor is required td match the existing material. • All street restoration is completed at the tirYie of-construction, as required by Minnesota PCA and other permit requirements • Interest is at a fixed rate throughout the 20 year ter x.o£the assessment • Residents will be required to park their vehicles on an adjacent street for about 24 hours when curb and gutter is inseiled in front of their driveways. However, driveway access may be restricted for UP, 'fiye days unless specific needs have been identified in advance. The - City is not for damage to vehicles, unless the damage was caused by4he City. • Mailboxes would be temporarily relocated to an area that is predetermined by the Postmaster. • Driveways in the Valley Park and 204` Street areas will be replaced in kind. In the Clay's Acre,5' area, a cxri er el: e apron would be installed at the end of the driveway to better addressthc soil differentials. • The soil conditi6ns in the Clay's Acres area are inconsistent. Any information related to soil conditions is provided to the utility companies. Restoration, in areas where the water main is replaced, requires a significant amount of sod. • There is nbplan to widen the streets in the Valley Park area. • It is proposed to replace all curb stops and water services, and the driveways will be replaced to the next expansion joint. • , Property owners have until December 31, 2013 to pay their entire assessment, or a portion of it, without interest. Assessments may be paid in full at any time after they are levied. Mr. Larson, 7315 167 Street West, expressed concern regarding drainage across from Bunker Hill Park. Ron Birkmeyer, 16411 Gannon Avenue, requested clarification on driveway replacement. City Council Meeting Minutes, November 19, 2012 Page 5 Nathan Green, 7405 Upper 167"' Court W., asked if sidewalks on 167"' Court will be replaced. He also asked who pays for removal of trees. Mike Kostecki, 7337 — 167 Street W., asked about accessibility to his home during construction. Petree and Heil responses: The entire Bunker Hill Park drainage area will be cleaned as part, ofthis project. Future improvements are also planned for the entire drainageway. The cost for tree removal is part of the overall assessment. Concrete driveways are patched to the next joint pattern, although there is variability oh the patch widths. Spot sidewalk replacement is proposed within the Valley Park area and on „ 208 th Street in Clay's Acres • Property owners should contact City staff regarding sp jfic accessibility issues. Motion was made by Sweeker, seconded by Rich to close the public hearing. Roll call was taken on the motion. Ayes — unanimous Motion was made by LaBeau, seconded by Little to approve Resolution No. 12 -127 ordering the 2013 street reconstructionpr6ject and authorizing the preparation of plans and specifications and advertisement for bids. Roll call was taken on the motion. Aves"—Iunanim'bus ° o. Conditional [Tse Permit for nose R,onntuit Spiritual Comnruruty Center Mr. George Maverick requested Council approval of a conditional use permit to allow the operation of Rose Mountain Spiritual Community Center at 20732 Holt Avenue. He indicated that he has offered tzi insfialf additional landscaping to screen his property from the adjacent residential properties. Mr. Morey stated the current zoning allows for private community centers subject to approval of a conditional use permit. He stated the proposed facility will function similar to the previous use as'a senior center. The Planning Commission held a public hearing and unanimously recommended approval subject to five stipulations. Moffat was blade by Little, seconded by LaBeau to approve findings of fact and a conditi'zinAfuse permit to allow a private community center at 20732 Holt Avenue. Roll ca13 was taken on the motion. Ayes — unanimous 9. Preliminary plat of Summerlyn Joe Jablonski of Lennar requested Council approval of the Summerlyn preliminary plat. Mr. Morey presented the proposed preliminary plat, which consists of 139 single family residential lots on approximately 75 acres north of 194 Street, west of Holyoke Avenue and east of Dodd Boulevard. The westerly portion of the proposed preliminary plat is zoned City Council Meeting Minutes, November 19, 2012 Page 6 for medium density residential, and the easterly portion is zoned for single family residential. Outlot D consists of approximately 4.5 acres intended for a future neighborhood park. In conjunction with the park, there are plans for a greenway corridor trail that will connect with the existing trail on the north side of 194 Street and will continue to the north with the development of the adjacent property. In total, approximately nine acres in the Summerlyn plat and Outlot A of Donnelly Farm will be designated for park/trail use, consistent with the City's Parks, Trails and Open Space Plan. Buffer yard landscaping will be,nstalled for the lots that abut Holyoke Avenue and Dodd Boulevard. Mr. Morey provided information with respect to concerns existing single family lots on Dodd Boulevard. City and three property owners to discuss future plans for upgradin urban section. He pointed out that this project is not currk County five year capital improvement plan. Based on the owners, Stipulation #16 was added to the planningrgport Commission, which states that the Phase 4 developme -nt f, not occur until options have been explored for purchasing I ots fronting Dodd Boulevard and incorporating the area is the property owners has since asked f: to the east of Lots 11 -16. Mr. Morey Stipulation #16 to include Lots 11 -24 the proposed Phase 4 development -d ly the rrvners of three )!'a County staff met with the ,dd Boulevard'ta a four lane Iy listed in either the City or mcerns raised by the property d Presented to the Planning Lots 11 -16 and Outlot A shall e three existing single family 3 the Summerlyn plat. One of to Stipulation #16 to incorporate the lots ty Council to consider modifying which is the entire westerly portion of Mr. Mielke stated the City and County initiated discussions with the residents, recognizing the potential impacts to their property as a result of this development and the future road expansion. The City yintends io work with Dakota County and the three property owners to find a way to purchase their property; if that is what the property owners want. The developer has indicated a willingness to work with the City if that is accomplished. Mr. Mielke pointed out that if the properties remain, they would continue to have access onto Dodd Boulevard after it is eXpanded; however, access may be restricted. ce Overby, 1'9300 Dodd Boulevard, stated the property owners look forward to ng with the County and developer on a plan to acquire their properties in the near e, 19282 Dodd Boulevard, voiced concerns regarding the potential impacts the development could have on the market value of his property. Motion was made by Swecker, seconded by Rieb to approve the Summerlyn preliminary plat. Roll call was taken on the motion. Ayes — unanimous City Council Meeting Minutes, November 19, 2012 Page 7 10. Ordinance Concerning Licensing of Massage Therapy Centers Motion was made by Rich, seconded by Swecker to adopt Ordinance No. 896 amending Title 3 of the Lakeville City Code concerning licensing massage therapy centers. Roil call was taken on the motion. Ayes — unanimous 11. Unfinished business None