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HomeMy WebLinkAbout11-18-13CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES November 18, 2013 Mayor Little called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall. Members Present: Mayor Little, Council Members Davis, Swecker, Anderson and LaBeau Staff Present: Steve Mielke, City Administrator; Roger Knutson, City Attorney; John Kornmann, Interim Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Dennis Feller, Finance Director; Brett Altergott, Parks & Recreation Director; Allyn Kuennen, Administrative Services Manager; Daryl Morey, Planning Director; Charlene Friedges, City Clerk 3. Citizen Comments: None 4. Additional Agenda Information: Mr. Mielke provided copies of a letter from Jennifer & Kevin Chou, along with a revised resolution, for Item No. 8. 6. Consent Agenda Motion was made by Swecker, seconded by Davis to approve the consent agenda items as follows: a. Claims for payment b. Minutes of the November 4, 2013 City Council meeting c. Minutes of the November 4, 2013 Special Council meeting d. Minutes of the October 28, 2013 Council work session e. Resolution No. 13 -97 accepting donation from Minnesota Department of Public Safety, Office of Traffic Safety f. Resolution No. 13 -98 approving Dakota County 2014 Community Funding Application g. Accept resignation of Anna Johnson from the Lakeville Area Arts Center Board h. Agreement with Blue Water Science for engineering services City Council Meeting Minutes, November 18, 2013 Page 2 i. Adoption of the Lakeville Comprehensive Water Plan Update j. Acceptance of the Lakeville Water Treatment Facility Expansion Study k. Resolution No. 13 -99 supporting the Dakota County 2014 -2018 Transportation Capital Improvement Program 1. Findings of fact and conditional use permit to allow an automatic car wash attached to an existing convenience store building located at 9290 - 202 " Street W. m. Snow removal contract with Fenne's Outdoor Services for 2013 -2015 winter seasons n. Resolution No. 13 -100 authorizing the sale of city vehicles o. Snowmobile Trails Assistance Program Maintenance and Grooming Grant Agreement with the Minnesota Department of Natural Resources p. Revoke tree work license issued to Tree Masters q. Table until the December 2, 2013 City Council meeting: Findings of Fact and Decision related to Charter Cable Partners, LLC Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 5. Presentations /Introductions Bill Hammes of the Minnesota Department of Public Safety, Office of Traffic Safety, recognized the Lakeville Police Department for its efforts in traffic safety and awarded a Kustom Signals LIDAR (traffic safety laser) to the City of Lakeville. Interim Chief Kornmann presented the October Police Department monthly report. Brett Altergott presented the Parks & Recreation Department October monthly report. 7. Public Hearing - Downtown Special Service District Mayor Little opened the public hearing on the imposition of a service charge for the Downtown Special Service District. Community & Economic Development Director Dave Olson stated the Special Service District Advisory Board has requested the City Council consider levying a service charge in the amount of $27,500 for taxes payable 2014. The City Council Meeting Minutes, November 18, 2013 Page 3 allocation of the total service charge to the downtown district is based on the net tax capacity of the commercial value of the properties in the district. He explained that the service charge establishes the annual budget for the activities of the Downtown Lakeville Business Association. Judy Tschumper provided an overview of the events and activities sponsored by the Downtown Lakeville Business Association during the past year, as well as events and activities planned for the upcoming year. Donald Speiker, owner of Lakeville Family Bowl, stated that while he has had to pay this special tax since the district was established, his business has seen no benefit from it. Motion was made by Davis, seconded by Anderson, to close the public hearing. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis Motion was made by LaBeau, seconded by Swecker, to approve Resolution No. 13- 101imposing a service charge for Special Service District No. 1 for taxes payable 2014. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little 8. Public Hearing - Weed /Grass Removal and Property Maintenance Code Violations Mayor Little opened the public hearing on the adoption of assessments for weed and grass removal and property maintenance code violations. Finance Director Dennis Feller presented the proposed assessment for violations on 18 parcels of property. The total amount proposed to be assessed is $3,297.83, which includes administrative fees and interest. He stated the City Clerk received a written objection from Jennifer & Kevin Chou, 16186 Logarto Lane. The Chous are objecting to the assessment, as the violation occurred before they purchased the property from HUD. Mr. Feller explained that HUD has expressed a willingness to pay the assessment. The assessment will not be levied against the Chou property if payment is received prior to December 31St Sheila Ehrich, 6565 Lower 169t Street W., stated she was unable to get her back yard mowed due to a financial hardship. She stated the contractor mowed the prairie grass on her property, which was demarcated and should not have been mowed. She stated she is opposed to paying the interest and asked if the City could allow her to pay the bill in installments. Mr. Feller recommended the City Council remove this parcel from the assessment at this time to allow him an opportunity to meet with the property owner and City staff. Motion was made by Davis, seconded by LaBeau, to close the public hearing. City Council Meeting Minutes, November 18, 2013 Page 4 Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little, Swecker Motion was made by Swecker, seconded by Anderson, to approve Resolution No. 13 -102 adopting assessment for weed and grass removal and property maintenance code violations, removing Parcel ID Number 22- 21174 -03 -110 from the assessment and directing staff to meet with the property owner, and acknowledge receipt of the letter from Jennifer & Kevin Chou dated November 13, 2013. Roll call was taken on the motion. Ayes - LaBeau, Davis, Little, Swecker, Anderson 9. Public Hearing - Improvement Project 14 -02 Mayor Little opened the public hearing on the 2014 street reconstruction project, Improvement Project 14 -02. Public Works Director Chris Petree and Monica Heil of WSB & Associates provided an overview of the project, which includes traffic calming improvements along Flagstaff Avenue. In addition, it is proposed to replace the existing 48 -inch sidewalk with a 60 -inch sidewalk along Flagstaff Avenue. The widening would take place on the street side of the existing sidewalk. Also, in response to a request by the residents, the 170d' Street sidewalk is proposed to be extended to Gerdine Path in order to provide a connection to the other sidewalk systems in the area. In Niakwa Village 2 nd Addition, roadway surface improvements are proposed in addition to spot concrete curb and gutter replacement. Water main replacement and storm sewer rehabilitation is proposed in Cedar Highlands 5t'' Addition. Proposed improvements in the remainder of the project area include complete street reconstruction, curb and gutter replacement, spot sidewalk replacement and storm sewer improvements to correct some localized drainage issues. The total estimated project cost is $10,236,050, and at this time $3,055,350 is estimated to be assessed to the benefiting property owners. Ms. Heil explained the City's assessment policy and provided estimated assessments for each project area. Project costs are assessed at 40 %; water main and sanitary sewer improvements are paid by the City and not assessed. With respect to the sidewalk expansion, Mr. Petree explained that only that portion of the sidewalk that would otherwise be replaced, regardless of the widening, is proposed to be assessed to the benefiting property owners. Questions /comments from the audience: Gordon Lundquist, 6299 Lower 161s' St. W, questioned the need for curb and gutter replacement. City Council Meeting Minutes, November 18, 2013 Page 5 Pam Rosenow, 6270 161 St. W, also asked about curb and gutter replacement, as she feels it is unnecessary in some areas. Ms. Heil explained that curb and gutter replacement estimates are based on structurally deficient curb and underground storm sewer improvements that would necessitate removal of the curb. It is often more cost effective for a contractor to continue with curb and gutter replacement on an entire block as opposed to piecemeal or spot replacement within the project area. Council Member Anderson also expressed concern with unnecessary replacement of curb and gutter and asked how the curb deficiencies are identified. Ms. Heil explained that, beyond visual inspection, surveys are currently being conducted in this area to more accurately determine street grades and any localized drainage issues that would require removal and replacement of curb and gutter. Mark Anderson, 16522 Fishing Avenue, asked how surveys for drainage are done. Mr. Petree stated survey work will take into account the grades and different elevations to better determine what improvements need to be made to improve drainage. In addition, he pointed out that in order for the streets to last 40 to 50 years, it is important that the concrete curb and gutter is built to also last that long. Thomas Mielke, 16039 Excelsior Drive, stated he agrees that the streets in his neighborhood need to be replaced but questioned the need for replacing the water and sewer. Kent Joyner, 17008 Georgetown Way, asked for a copy of the soil test and ground contamination reports and questioned why the residents have to pay for replacing infrastructure that, in his opinion, wasn't done right when the development was built. Ms. Heil stated it is not proposed to replace the water main or sanitary sewer on Excelsior Drive. She explained that tests are performed to determine if soils are corrosive to the metal pipes in the ground. The soils are not contaminated. Installing plastic pipe is one way to deal with corrosive soils. She noted that the cost associated with replacing the pipes will be funded by the City. Mr. Petree explained that back in 1994, when Cedar Highlands 5t' Addition was developed, engineers did not have the tools that they have today to test for corrosive soils. Michael Dronen, 16424 Flagstaff Avenue, asked about an 8 -10 inch hole that was drilled in the street. City Council Meeting Minutes, November 18, 2013 Page 6 Mr. Petree explained that the City's geotechnical contractor did investigative borings at several locations earlier this fall in preparation for this project. Joseph Leech, 16004 Excel Way, stated he plans to widen his driveway in the future and asked about the design of the curb. He also asked about the breakdown on the assessments. Mr. Petree stated the City would work with Mr. Leech with respect to his driveway and make accommodations for the additional width when the curb is installed. The new curb design will be consistent with whatever curb style currently exists. Chris Johnson, 16082 Flagstaff Avenue, asked about the traffic calming plan and whether it is more detailed with respect to the 160t Street /Flagstaff Avenue intersection than what was presented a few weeks ago. Darin Anderson, who owns multiple properties in the Sunrise Village development, questioned the City's policy related to developments with privately owned streets and asked why the properties in Sunrise Village are being assessed for the Flagstaff Avenue improvements when their streets are owned and maintained by their association. He further pointed out that the proposed assessments to Sunrise Village, compared to the Niakwa Village assessments, do not seem equitable. With respect to traffic calming and additional bump -out improvements on Flagstaff Avenue, Ms. Heil stated those suggestions will be considered, pending authorization from the City Council to begin work on the final design of the project. Ms. Heil explained that the proposed assessment to Sunrise Village is consistent with the City's assessment policy, given that the only access for residents in that development is on Flagstaff Avenue. She also explained that Niakwa Village, which has two public streets, is being assessed for street improvements. The amount varies between the two townhome developments because of the concrete curb and gutter and storm sewer improvements that are proposed for Flagstaff Avenue. Mr. Mielke suggested the Council analyze the City's policy related to townhome developments prior to the assessment hearing on this project. The Council concurred and requested a review of this matter at an upcoming work session. Myron Drellack, 6340 Lower 161 Street, stated he supports the project, but only the work that needs to be done, and asked the Council to be sensitive to residents with fixed incomes. City Council Meeting Minutes, November 18, 2013 Page 7 Sheila Ehrich, 6565 Lower 169 Street W, asked if the new road would be able to withstand the number of garbage trucks that travel through her neighborhood. Kim Gulliver, 16384 Flagstaff Avenue, stated she is selling her home and will have to put money in escrow to cover the assessment. She asked when the final cost will be determined and when the first payment can be made. Mr. Petree stated the streets are designed to sustain overweight vehicles. He also reiterated the proposed project and assessment schedule. Final costs will not be determined until the assessment hearing in April of 2014. Payments can be made at that time. Motion was made by Davis, seconded by Swecker, to close the public hearing. Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau Motion was made by Davis, seconded by LaBeau to approve Resolution No. 13 -103 ordering the 2014 street reconstruction project and authorizing the preparation of plans and specifications and advertisement for bids. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis 10. Unfinished business: Council Member Anderson apologized that the City Council did not respond to Donald Speiker's comments regarding the Downtown Lakeville Business Association service charge, and he encouraged Mr. Speiker to work with the DLBA. 11. New business: none 12. Announcements: Next regular City Council meeting, December 2, 2013 Council work sessions, November 19 and November 25 Mayor Little adjourned the meeting at 9:26 p.m. Respectfully submitted, Charlene Friedges, City Matt Little, Mar - - --