HomeMy WebLinkAbout11-19-12CITY 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 Rieb, Swecker, Little, LaBeau and Mayor Bellows
Members Absent: None
Staff Present: Steve Mielke, City Administrator; Roger Knutson, City Attorney; Tom Vonhof,
Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic
Development Director; Dennis Feller, Finance Director; John Hennen, Interim Parks &
Recreation Director; D. Morey, Planning Director; Char Friedges, City Clerk.
3. Citizen Comments None
4. Additional Agenda Information Mr. Mielke provided a revised engineering report for
Agenda Item 9.
5. Presentations/Introductions
Bob Erickson, Shelly Carney and Eric Brand, representing the Friends of the Lakeville Area
Arts Center, presented the annual update of the Arts Center activities and fundraising.
Chief Vonhof presented the Police Department's October monthly report.
Mr. Hennen presented the October monthly report of the Parks & Recreation Department.
6. Consent Agenda
Motion was made by LaBeau, seconded by Little to approve the consent agenda items as
follows:
a. Claims for payment
b. Minutes 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. Petree stated the project area includes a portion of Valley Park, the Clay's Acres area
and 200' Street just south of Lake Marion. Monica Heil of WSB & Associates explained
that the proposed improvements include, in the Valley Park area, complete street
reconstruction, complete curb and gutter replacement, spot sidewalk replacement and storm
sewer improvements to address localized drainage issues. The project proposes complete
street reconstruction on 204 Street, reducing the width from 36 feet to 32 feet, which is
consistent with the City's current design standards for local streets. The reduced street
width will also minimize tree impacts. With the storm sewer improvements along 200
Street, the City will also investigate opportunities to improve water discharge into Lake
Marion. The project proposes, in the Clays Acres area, complete street construction, spot
sidewalk replacement, new concrete curb and gutter, storm sewer and drain tile
improvements. The project will also include water main improvements in portions of
Valley Park and Clay's Acres. Corrosive soils were identified in Clay's Acres; therefore, all
existing iron water main will be replaced with plastic water main.
The estimated project costs $8,508,000. Of 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, $6,395 per single family unit on 204 Street
and $6,745 per single family unit 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 assessments are spread over a 20 -year period at approximately three
to six percent interest. If the project is awarded, bids would be opened in March, and the
assessment hearing would be held on April 15, 2013.
Council Member LaBeau asked about the proposal to narrow the width of 204 Street. Ms.
Heil explained that maintaining the 36 foot width on 204 Street would increase the project
cost. She further explained that concrete curb and gutter will be installed, which provides
the most efficient and long lasting way to get water off the street and into the storm sewer
system. The project proposes to redirect storm water from the current catch basins to a
drainage ditch system along 204 Street so that the water can be pretreated prior to
discharging 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 preservation.
Jacent Fahlstrom, 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 construction process and timing of repairs
to yards and driveways. He suggested that the paving contractor should be willing to do
extra paving of driveways for the property owners during the project.
Scott Nelson, 16630 Genesee Avenue, asked about the interest rate on the assessment. He
also asked whether the City would assume liability for any damage to vehicles that are
parked on an adjacent street during construction.
Valerie Spickler, 20975 Isle Avenue, asked about the timeline with respect to alternative
mail delivery and vehicle parking.
Diane Johnson, 16245 Glengary Court, asked if the assessment could be paid in two years
without interest.
Georgiana Rischel, 20870 Iteri Avenue, questioned the estimated amount of top soil and sod
that will be needed in Clay's Acres. She also asked about the corrosive soils and what affect
the soil conditions would have on burying utility lines.
James Max, 7425 165 Street, asked if any digging would occur beyond the edge of the
current street curb.
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. Petree 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 style curb is 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 possible. Any trees
within the boulevard that need to be removed will not be replaced. Trees outside of
the boulevard typically have been replaced.
• When replacing driveways, the contractor is required to match the existing material.
• All street restoration is completed at the time of construction, as required by
Minnesota PCA and other permit requirements.
• Interest is at a fixed rate throughout the 20 year term of the assessment.
• Residents will be required to park their vehicles on an adjacent street for about 24
hours when curb and gutter is installed in front of their driveways. However,
driveway access may be restricted for up to five days unless specific needs have
been identified in advance. The City is not responsible for damage to vehicles,
unless the damage was caused by the 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 Acres area, a concrete apron would be installed at the end of the driveway to
better address the soil differentials.
• The soil conditions 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 no plan 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 of this 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 on the patch widths.
Spot sidewalk replacement is proposed within the Valley Park area and on 208
Street in Clay's Acres.
• Property owners should contact City staff regarding specific accessibility issues.
Motion was made by Swecker, seconded by Rieb 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 reconstruction project and authorizing the preparation of plans and
specifications and advertisement for bids.
Roll call was taken on the motion. Ayes — unanimous
8. Conditional Use Permit for Rose Mountain Spiritual Community 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 to install 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.
Motion was made by Little, seconded by LaBeau to approve findings of fact and a
conditional use permit to allow a private community center at 20732 Holt Avenue.
Roll call 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 installed for the
lots that abut Holyoke Avenue and Dodd Boulevard.
Mr. Morey provided information with respect to concerns raised by the owners of three
existing single family lots on Dodd Boulevard. City and Dakota County staff met with the
three property owners to discuss future plans for upgrading Dodd Boulevard to a four lane
urban section. He pointed out that this project is not currently listed in either the City or
County five year capital improvement plan. Based on the concerns raised by the property
owners, Stipulation # 16 was added to the planning report and presented to the Planning
Commission, which states that the Phase 4 development for Lots 11 -16 and Outlot A shall
not occur until options have been explored for purchasing the three existing single family
lots fronting Dodd Boulevard and incorporating the area into the Summerlyn plat. One of
the property owners has since asked for a revision to Stipulation #16 to incorporate the lots
to the east of Lots 11 -16. Mr. Morey asked the City Council to consider modifying
Stipulation #16 to include Lots 11 -24 and Outlot A, which is the entire westerly portion of
the proposed Phase 4 development.
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 intends to 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.
Bernice Overby, 19300 Dodd Boulevard, stated the property owners look forward to
working with the City, County and developer on a plan to acquire their properties in the near
future.
Bruce Wiebe, 19282 Dodd Boulevard, voiced concerns regarding the potential impacts the
Summerlyn development could have on the market value of his property.
Council Member LaBeau suggested that all parties need to be reasonable in the acquisition
of the three properties.
Motion was made by Swecker, seconded by Rieb to approve the Summerlyn preliminary
plat.
City Council Meeting Minutes, November 19, 2012 Page 7
Roll call was taken on the motion. Ayes — unanimous
10. Ordinance Concerning Licensing of Massage Therapy Centers
Motion was made by Rieb, seconded by Swecker to adopt Ordinance No. 896 amending
Title 3 of the Lakeville City Code concerning licensing massage therapy centers.
Roll call was taken on the motion. Ayes — unanimous
11. Unfinished business None
12. New business None
13. Announcements
Council work session, November 26, 2012
Next regular City Council meeting, December 3, 2012
Mayor Bellows adjourned the meeting at 9:35 p.m.
Respectfully submitted,
7
Charlene Friedges, City Cler
Mark Bellows, Mayor