HomeMy WebLinkAboutItem 06.cCITY OF LAKEVILLE
CITY COUNCIL WORK SESSION MINUTES
February 24, 2014
Mayor Little called the meeting to order at 6:30 p.m. in the Marion Conference Room, Lakeville
City Hall.
Members Present: Council Members Swecker, LaBeau, and Davis, and Mayor Little
Council Member Anderson participated via videoconference. (
Staff Present: Steve Mielke, City Administrator; Chris Petree, Public Works Director; Daryl
Morey, Planning Director; Brett Altergott, Parks and Recreation Direct6gAllyn I Mennen,
Administrative Services Manager; Judi Hawkins, Deputy-C'ity Clerk
2. Citizen Comments
There were no citizen comments.
3. Townhome Assessment Policy (Sunrise Village)
Chris Petree stated that in response to immen'ts re arding the special assessments for Sunrise
Village which were received at the Novembe 18,' 20 3 public hearing, Council discussed this
item at their January 28 work session and ased staff provide additional options for calculating
special assessments within unrise Village Property owners in Sunrise Village compared their
assessment to those in,ad)oining Niakwa Village 2nd Addition.
Proj et manager Monica Heil o`f�WSR provided a brief overview of the assessments of both
d�vielopments; Niakwa Village 4ssessments were estimated at $1,083; in the Sunrise Village
reconstruction area, t1 estimated assessments were based on half of a single family home, or
$2,235`pcj townhome 4nit Assessments are based on driveway access onto Flagstaff Avenue
from Sunrise Village ,and Flagstaff Courts North and South from Niakwa Village, which were
receiving different improvements. Ms. Heil provided four methodologies for consideration by
Council and discussed how they each relate to current policy, how they would be calculated for
Sunrise Village, any potential funding gaps, and alternatives for bridging any funding gaps.
Option #1: Calculate Sunrise Village townhome units as described in the feasibility report and
current policy at one -half that of a single - family home. This is consistent with past practice and
there is no change in funding.
Option #2: Several unique characteristics exist as a result of Sunrise Village's close proximity to
County Road 46. If the driveway location could have been moved to intersect with Flagstaff close
to County 46, the density of the development could have been 20 units. Original estimations
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February 24, 2014
Page -2-
were based on the actual 16 units, however if those assessments were spread over 20 units, the
cost would be $1,788. This method would create an estimated funding gap of $7,100 compared
to what was proposed in the feasibility report. This gap could be funded with street
reconstruction funds or redistributed among all the properties in the reconstruction area.
Option #3: Use current methodology used to calculate assessments for institutional or public
properties, i.e., Parkview Elementary, or the number of potential single - family lots based on
zoning in the area. In Sunrise Village, four single - family lots could have been created with the
405 feet of front footage along the west side of Flagstaff. Those four units would each have an
estimated assessment of $4,471. This would recalculate the existing 16 units to $1,117 or $1,145
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each if Council determined these costs would be shared ,by all properties within the street
reconstruction area. The result is a $17,884 funding gap from the proposed. amount.
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Option #4: Calculate assessments on a front footage basis, similar to mixed pse and,eommercial/
industrial areas. Recalculating using 405 feet of froril footage on Flagstaff Avenue and based on
$40 per front foot, this would result in a net assessment of a$16,200 to the development, or
about $1,012 per townhome unit and a funding gap of $19;572.
If Council chooses not to move forward with assessments as outlined in the feasibility report,
staff recommends Option #2, due to thq ruque ituation created by the proximity of a county
road. Council would need to determine if funding gads would be funded with street
improvement funds or by redistributing cosP to all the properties within the project area. Mr.
Mielke stated that choosing."Option #3 or Option #4 could change the assessment policy for
current and future townh f es developments: "Option #2 provides for this unique situation.
Council "Member LaBeau agree§ wits staff s recommendation of Option #2 due to the county
roa&and believes,that Options k and,4 would create more future funding gaps. She believes it is
very important for buyers to be aware of future responsibilities.
Council Member Davis asked for a clarification on some figures. Mielke added that an increase
in the single = family rate would require further discussions with the single - family homeowners.
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Darren Anderson, president of Sunrise Village HOA, distributed materials for Council and staff
and provided examples of properties that were used in past assessment calculations, specifically
the definition of private drive. He believes the costs are unfairly shifted from one development
to the other when two different zoning densities are combined.
Mayor Little stated that assessment policies attempt to be as fair as possible and believes Option
#2 is a fair compromise to this situation. Council members believe it is a unique situation and
appreciate the different perspectives the options have provided. There was a consensus to
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February 24, 2014
Page -3-
support Option #2 and use street improvement funds for the funding gap. This will result in an
estimated savings of approximately $447 per townhome unit.
Bids will be opened on March 7, 2014. Council will be asked to accept bids and set an assessment
hearing at their March 17 meeting. Actual assessments will be calculated at that time.
8. School Road Safety Task Force
Mayor Little asked that citizen appointments, Council representation, and rules of operation be
discussed. Brent James is a citizen recommended by Mr. Ettl who has experience working at 3M
in traffic safety and technology. Little has contacted a student why was recommended by LNHS
deans; she is considering the appointment but has not�et confirmed her
articipatilan After
discussion it was determined that Council Member Travis and LaBeau wvill serve or! the Task
Force, with Swecker as an alternate. At their first r ' eeting the task force will ect `a chair; they
will operate under Roberts Rules of Order. N
4. Proposed 2015 and 2016 Street Reconstruction Projects
Chris Petree stated that staff is asking for Council support to move forward with neighborhood
meetings on 2015 and 2016 Street Reconstruction projects. This will provide some additional
time for staff to prepare for some unique challenges with the planning of the 2016 projects.
Monica Heil of WSB, project manager'for 201'5'arid Street Reconstruction Projects,
provided an overview of the, i0je -cts.
Estimated project costs in the CIP are $11.2M for both years. Of that, $2.6M of water main
improvements will be funded with utility funds. Approximate $5.2M will be funded with street
improvement funds, $3.4M w th special assessments. Council Member Davis asked about
i 4_1 provements to burg Avo me. This is planned to be urbanized on the west side and rural
orb the east side. Swecker asked if the Kenrick Avenue project would move ahead given the
unfinished. I -35. Mr. Puree stated that at their March 17 meeting Council will be asked to
authorieadvertising for bids for miscellaneous repairs and collector road overlays, and
approving plans and specifications including overlay and improvements on Kenrick Avenue
between 185`'' and 205t
Mr. Petree stated that Kenrick would not be done prior to the work being completed on I -35 by
MnDOT. Council will be discussing the 50/60 traffic diversion study which might have a greater
impact on Kenrick. LaBeau asked how the CSAH 50 traffic study from Dodd to Cedar impacts
the Hamburg Avenue design. Petree stated that due to the poor soils Hamburg is costly to
maintain and a long -term solution is needed. Reclamation rather than overlay might be
necessary on some collectors due to the conditions. It is recommended that due to the 50/60
traffic diversion, these major projects do not take place in 2015.
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February 24, 2014
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Heil discussed the 2016 Street Reconstruction Project which includes streets off of CSAH 50 in
the north Lake Marion area. This is an older platted area with very narrow streets, some of
which are not located within the right -of -way. Additional design considerations will be needed
as well as discussions with residents regarding street width, curb type, etc. Watermain
improvements proposed as part of the project will be funded by water operating funds. The
project provides an opportunity for storm water improvements which would improve water
quality of Lake Marion. Mielke asked if this means it is optional. Heil stated that discussions are
being held with the watershed district regarding future changes to their.licy regarding this
issue. Currently there are no obligations for the City to install storrnwater improvements, but
there could be future requirements.
Council Member Anderson agreed there will be a n rber,of challenges in this area and asks that
long -term impact on any existing structure would beiinimized. Petree stated that this is a
unique project area and looks forward to input from iIe, ps dents and working through the
challenges. Meetings with the 2015 property owners will be,�eld in .early summer of 2014;
meetings for the 2016 property owners will be held in later s eref
Council directed to staff to begin prelin u surveIywork in advance of neighborhood meetings,
and evaluation of both project areas to`'determine utq'ty replacement needs, easement needs,
right of way issues, etc. so infdrmation will be available neighborhood meetings.
5. Residential Boarders Ordinance
Daryl Morey stated that a retivest for. an ordinance change was the result of some complaints that
had been received from residents regarding rooms being rented on a daily basis and the number
of guests who canvay at a home.' It was found that there are rooms in single family homes being
avertised for daily rental on certain websites, specifically airbnb.com and craigslist.com Staff
believes there are somei,compatibility issues with the practice of renting rooms on a short -term
basis in residential neighborhoods. And there are conflicts within the zoning ordinance,
including definitiori of hotels and compatibility with single - family homes in the neighborhoods.
This was originally brought to the Council as part of a larger zoning ordinance amendment to
make some minor housekeeping changes. Morey explained that a permitted accessory use allows
an activity outright, provided the use is in compliance with the ordinance. An administrative
permit requires an application and staff review and approval. Mayor Little stated that one of his
main concerns is using Police resources for enforcement. Swecker supports adding this to the
zoning ordinance along with language to define "boarding ". Council Member Davis asked if this
same ordinance would regulate a B &B. Morey stated that bed and breakfasts are allowed by CUP
in agricultural areas.
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February 24, 2014
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Dan Licht of The Planning Company stated that the requirement for an administrative permit
adds an enforcement tool for staff. Davis agrees that people should be able to do what they want
with their property to a certain extent but also agrees with staff s recommendation to allow this
use with an administrative permit to help regulate. Boarders would be limited to two and must
rent for at least 30 days. Licht explained that the 30 day minimum provides a homeowner an
opportunity for a non - family rental as a secondary income.
Anderson asked if this would affect home trades and exchange programs` and does not want the
amendment to restrict these activities. He believes "boarding" needs to be more clearly defined
in the ordinance. Licht stated that other provisions of the zoning Ordinance exempt exchange
programs from this amendment. Anderson asked for information "abotit ether cities' ordinances.
LaBeau asked about short -term temporary housing needed for people in transit. This would only
apply if the room was being turned over in less than �0 days. Morey stated that the definition of
"family" might also come into the situation in rental situations; ,however the ordinance's intent is
to not allow the commercial rental of residential homes which Would impact existing neighbors.
Little stated there are several scenarios that do94 fit and the ordinance is too broad. He would
support incidental rental of single - family homes but of as a consistent long -term commercial
business. Anderson believes the current ordinance s``h6uld be sufficient to not allow nightly
rental of single family homes when it is already restricted to B &Bs in proper zoning with a CUP.
He believes the amendment will create unintended consequences. Swecker supports the
amendment and believes ifresolves unintended consequence, clarifies other language in the
ordinance, and provides additionafprotection for the homeowners and the neighbors.
Davis stated that it is not the intent to eliminate foreign exchange or home trades, but to provide
a stronger enforcement tool; however, he believes that further definition and clarifications could
be added\ r. Mielke.asked if an exchange student or a situation where the family receives
compensation,would be defined as a boarder. Licht believes the exception for foster care in the
ordinance allows for that; however, an additional exception could be added.
Council directed staff to continue to review and refine the language of the proposed ordinance
and to allow the Planning Commission an opportunity to review revisions before bringing the
amendment back to Council.
6. Chickens in Residential Zones
Council received information from Associate Planner Frank Dempsey outlining the question of
allowing residents to have chickens in an urban area, a topic which has come up for discussion
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February 24, 2014
Page -6-
several times previously. Farm animals including chickens, goats, horses, bees, etc. are currently
only allowed in agricultural zoned areas, which are generally larger in size and where there is less
potential to impact a neighborhood. The Planning Commission's most recent discussion about
this was in 2011 when they reviewed several zoning ordinance items based on feedback from the
developers' forum. At that time the Planning Commission chose not to recommend a change.
Mayor Little stated that he has received requests to allow chickens in residential areas mostly as a
learning tool for children, as pets, and for urban farming. An online poll indicated stronger
support for allowing chickens, and the Mayor would support allowing u} to two chickens - hens
only, not roosters - with some guidelines. IN
Council Member Anderson would also support up to two chickens; with §tandards /'including
eggs being for personal consumption only and not f6r.commercial sale. Council Member
Swecker asked if there are regulations on rabbits or ducks. Morey stated that ducks are poultry
and would be a farm animal, but rabbits could be a pticanimal if contained in the principle
structure. Swecker would support a maximum two chickens. (hens) .and the owner must reside
on premises and produce is for their own consumption on ly C3puncil Member LaBeau is
concerned about use of police resources
chickens. Little wants the ordinance tW'
neighbors' rights to enjoy their property,l inclfid
Council Member Davis is not in favor of ch {eke
up requests for other considerations and wo d
will discuss this with communities which have
nor cdnflicis created by dogs and
ire that chickens do not infringe on
irds for cleanliness and setbacks.
ns iri residential areas and believes it would open
be difficult to enforce. Council Member LaBeau
similar ordinances.
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Counldirected staff to bring t item back for discussion at a future Planning Commission
wgrk session for the purpose ofating performance standards, restrictions, etc. and return to
Council, possibly at i* April work session.
Council Member Anderson signed off from the meeting.
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7. Parks, Trails and Open Space Plan
Parks and Recreation Director Brett Altergott stated that at the January 21 meeting Council
requested an opportunity to highlight any issues or concerns prior to the Parks, Recreation and
Natural Resources Committee's review of the Parks, Trails and Open Space Plan. Dan Licht of
The Planning Company has been working with the committee and staff on the update. Council
is being asked to provide comments and concerns to be used as a basis for the Parks & Rec.
Committee to address issues that are of importance to Council.
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February 24, 2014
Page -7-
Mayor Little would like more focus on playground maintenance and a long -term plan for
replacement of older equipment. Altergott stated that the life -cycle for a park playground is
approximately 20 years and there are currently 14 that need to be replaced. The Parks
Department is also working on a document outlining goals and timelines for general park
maintenance. Little would also like to focus on water quality in the city's lakes.
Council Member LaBeau believes neighborhood parks are not used to capacity; more creative
park uses will be needed for an aging population. The Envision Lakeville results showed that
changes to the amenities will be needed to create parks that attract a layer segment of the
population and are more heavily utilized, such as King Park. There is a high cost for maintaining
a large number of parks which are all used for the same" urpose but are not used to `their
capacity. Instead of adding more parks, some of th� parks nee�"tp be repu posed;
additional styles of parks would serve a larger varie of the°community demographics.
Mayor Little agreed that if some of the parks could bo useo for other purposes such as open space
the cost for maintenance would be lower. LaBeau stated iii')Aer areas there are parks for a more
mature age group that include trails or fitness stations. Alter gott added that park use often cycles
through peoples' children then grandchildren using the same `.park.
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Council Member Davis stated that he supports Mt. Licht assisting with the update based on what
was learned with the Envision Lakeville pros. Sw "er would like to take a look at emerging
trends and demographics aid come up withtreative uses for parks. LaBeau believes it is
important to make people aware of the actual cost of park maintenance and equipment
replacement. Many homes °lso have,their own play equipment installed in their yards and she
suggested amenities like pickle all courts or gardens be installed in place of playgrounds.
Mr. Mielke stated that the plan identifies an additional wooded area to be acquired for
conservation purposes J Swecker believes the trails are the most popular and important amenity
in the community. LaBeau is concerned that trails are under - utilized and maybe don't need to
be built on both sides a street. Davis agrees that not all trails are heavily used; however many
are very busy. I4e believes this depends on destinations and demographics.
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Mr. Mielke asked if ongoing maintenance costs are incorporated into trail development policies.
Mr. Licht stated this needs to be discussed with the Parks, Recreation and Natural Resources
Committee from a policy standpoint, taking into account the trail as transportation and
recreation, and how maintenance is built into the cost of the trail. Mr. Mielke believes the cost
element should be added to this plan. Other comments included installation costs of box
culverts versus building a trail on both sides; and the numerous requests for a dog park.
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February 24, 2014
Page -8-
Parks, Recreation and Natural Resources Committee member Jeanne Peterson stated that the
demographics of some of neighborhoods are changing with lower numbers of children and other
neighborhoods have attracted young families and are exploding with children.
Council directed staff to place the contract for The Planning Company on the next agenda.
9. Other
Only three applications have been received for advisory committee openings. The Chamber will
also recruit from their membership and the article will remain irr Messages and on the website.
Staff will continue to advertise for applicants in Messages and on °tie Cable channel.
The DLBA has requested a meeting with the Mayor`and'Economic Devel prnent Director to
discuss the possible update of the Downtown Develppment Guideplan.
10. Adjourn
Mayor Little adjourned the meeting at 9:10 p.m.
Respectfully submitted,
Judi Hawkins, Deputy Clerl
Matt Mayor