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HomeMy WebLinkAbout04-06-15CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES April 6, 2015 Mayor Little called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Mayor Little, Council Members Davis, Swecker, Anderson and LaBeau Staff Present: Justin Miller, City Administrator; Roger Knutson, City Attorney; Jeff Long, Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Julie Werner, Interim Finance Director; Brett Altergott, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Daryl Morey, Planning Director; Charlene Friedges, City Clerk 3. Citizen Comments None 4. Additional Agenda Information None 5. Presentations/Introductions Kevin McCarney requested the City Council proclaim May 7, 2015 National Day of Prayer in Lakeville. Council Member Anderson read the proclamation. Chris Petree presented the March Public Works Department monthly report. Consent Agenda Mr. Miller stated staff is recommending the City Council table item 6y. Motion was made by Anderson, seconded by Davis to approve the following consent agenda items: a. Claims for payment b. Minutes of the March 16, 2015 City Council meeting c. Minutes of the March 21, 2015 City Council retreat d. Minutes of the March 23, 2015 Council work session e. Minutes of the March 5 and March 9 Council work sessions City Council Meeting Minutes, April 6, 2015 Page 2 f. Maintenance Agreement with ThyssenKrupp Elevator Corporation for the Lakeville Area Arts Center g. Performance agreements with Pamela McNeill Productions, Zorongo Flamenco Dance, and ECE-The Hunts for the Lakeville Area Arts Center h. Accept resignation of Doug Thompson from the Cable TV Board i. Temporary on -sale liquor license for Lakeville Rotary Club/Taste of Lakeville j. Ordinance No. 937 amending Title 3 of the Lakeville City Code concerning wine licenses k. Ordinance No. 938 amending Title 2, Chapter 1 of the Lakeville City Code concerning the Planning Commission 1. Appointment of Tom Thorstenson as an alternate to the Planning Commission m. Resolution No. 15-35 approving the acquisition of tax forfeited parcels of real property and dispensing with statutory requirements for review by the Planning Commission n. Final acceptance of the 168`h Street bridge improvements, Improvement Project 12-04 o. Accept bids for building janitorial services and award contracts to FBG Service Corporation p. Joint Powers Agreement with City of Farmington for dynamic speed display signs along Flagstaff Avenue q. Resolution No. 15-36 authorizing the sale of vehicles r. Final acceptance of public streets and utilities in Kingsley Shores s. Agreement with Blue Water Science for lake management t. Findings of fact and conditional use permit for Northern Natural Gas Company to allow the installation of a natural gas transmission pipeline u. Resolution No. 15-37 approving the final plat of Autumn Meadows 41 Addition v. Resolution No. 15-38 approving the preliminary and final plat of Minnesota Blue Skies Addition; and Resolution No. 15-39 vacating public drainage and utility easements City Council Meeting Minutes, April 6, 2015 Page 3 w. Resolution No. 15-40 approving the final plat of Kenwood Hills x. Agreement with WSB for 2015 zoning enforcement services y. Table consideration of a Professional Services Agreement with SPC Marketing for digital marketing at the Arts Center z. Community Development Block Grant budget amendment for the 2101 Street sidewalk project Voice vote was taken on the motion. Ayes - unanimous 7. Public Hearing - Heavy Metal Grill Wine and 3.2% Malt Liquor License Mayor Little opened the public hearing on the application of Heavy Metal Grill LLC for an on - sale wine and 3.2% malt liquor license at 20851 Holyoke Avenue. The applicant, Martin Richie, requested approval of the on -sale wine and 3.2% malt liquor license for Heavy Metal Grill, a new restaurant he plans to open in downtown Lakeville. Chief Long presented the Police Department's investigative summary and recommended approval of the licenses as requested. There were no public comments. Motion was made by Anderson, seconded by Swecker to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Council Members questioned the current regulations related to outdoor patio hours. Under the current ordinance, there is no limitation on patio hours for patios that are located more than 150 feet from a residential district. Patios located in the C -CBD District that are within 150 feet of a residential district are restricted to the hours of 7:00 a.m. to 10:00 p.m. It was explained that Main Street Manor, which is located across the street from the proposed Heavy Metal Grill and within 150 feet of the proposed patio, has a mixed use containing both residential and commercial. It is currently zoned PUD, not residential. Council members expressed a desire to maintain consistency for downtown businesses with respect to patios and their proximity to residential homes, which they stated was their intent when the patio hours were amended last year. Mr. Morey stated this can be accomplished by changing the term "District" in the ordinance to the term "use". If the Council so chooses, an ordinance amendment could be placed on the next City Council meeting agenda. City Council Meeting Minutes, April 6, 2015 Page 4 Mayor Little stated he is hesitant to change the ordinance, given that the applicant signed a lease for this property under certain assumptions. He felt the Council should proceed with this application under the current ordinance; and an overall discussion with respect to uniformity downtown should take place at a later date. The City Attorney recommended the City Council either grant approval of the liquor licenses and patio as presented, based on the current ordinance, or table the patio portion until after the Council adopts an ordinance amendment as suggested by Mr. Morey. He pointed out that changing the term "District" to "use" in the ordinance will restrict the patio hours at Heavy Metal Grill. Motion was made by Anderson, seconded by Swecker to grant an on -sale wine and 3.2% malt liquor license to Heavy Metal Grill, 20851 Holyoke Avenue, and to allow the sale and consumption of alcoholic beverages on an outdoor patio until 10 p.m. (consistent with the C - CBD District), subject to receipt of a certificate of liquor liability insurance. Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 8. Public Hearing - Delinquent Utilities and Street Light Charges Mayor Little opened the public hearing on the certification of delinquent utilities and assessment of delinquent street light charges. Interim Finance Director Julie Werner presented the list of accounts proposed to be certified. The total amount delinquent is $2,055.92. In addition, the City collects a $35 service charge to cover the cost of certification and 18% interest. Therefore, the total amount proposed to be certified or assessed is $4,170.46. Ms. Werner explained that this certification/assessment contains only those delinquent utility accounts that have had a change in ownership. All remaining accounts will be certified or assessed in October. There were no public comments. Motion was made by Swecker, seconded by Anderson to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Davis, seconded by Swecker to approve Resolution No. 15-41 certifying unpaid water, sanitary sewer and storm sewer charges to the County Treasurer/Auditor to be collected with other taxes on said property and assessing unpaid street light charges. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis City Council Meeting Minutes, April 6, 2015 Page 5 9. Public Assessment Hearing — Street Improvement Project 15-02 Mayor Little opened the public hearing on the proposed assessments for street improvement project 15-02. Ms. Heil provided a brief overview of the project, projected costs, bid results and funding sources. Based on the bid results, the project cost has been reduced .6% from the original estimate. The total cost to be specially assessed to the benefiting property owners is $6,365,213. The single family assessment rate is $8,098.24; and the townhome assessment rate is $4,049.12. The City will finance street and storm sewer improvements ($9,560,319) with debt, sanitary sewer repairs ($200,375) from the Sanitary Sewer Operating Fund, and watermain replacement ($7,151,348) from the Water Operating Fund. Ms. Heil provided an overview of the City's assessment policy and the proposed assessment phasing. For property owners living in Phase 1, where construction will take place in 2015, assessments will be payable with 2016 property taxes. For property owners living in Phase 2, construction will take place in 2016, and their assessments will be due with taxes payable in 2017. Property owners who reside in Phase 1 can pay their assessment without interest by November 13, 2015; those residing in Phase 2 can pay their assessment by November 15, 2016. Property owners have the option of choosing a 20 year or a 29 year assessment period. The interest rate is 4.0% for the 20 -year assessment and 4.5% for the 29 -year assessment. These interest rates are determined by the City's bond consultant. The City Council will not adopt the assessment roll until May 18th to allow residents an opportunity to choose the 20 -year or 29 - year assessment option. Senior citizens and residents with disabilities may defer special assessments under certain circumstances. Residents have the option of paying their assessment in whole within 30 days of this assessment hearing. A two percent discount will be applied to those accounts, which represents the cost incurred by the City to issue debt to finance the project. A resident who lives on Grinnell Way, which is in the Phase 2 construction area, asked what level of maintenance would be performed on his street this year. Mr. Petree stated the City will perform minor maintenance, including street sweeping this spring and some minor patching to eliminate any liabilities or safety issues. Dan Curtin, 16262 Greenbriar Court, presented his written objection to the assessment. A resident of Griffon Trail urged the Police Department to continue to enforce traffic calming on Griffon Trail until this project is completed next year. William Miller, 16828 Glencoe Avenue, asked if other Metro area suburbs have had to deal with the corrosive soils issue. Ms. Heil stated Lakeville is not the only city facing this issue. City Council Meeting Minutes, April 6, 2015 Page 6 Motion was made by Davis, seconded by Swecker to close the public hearing. The City Administrator asked the City Council to table approval of resolutions awarding the construction contracts to allow staff more time to review the bid tabulations. He stated this will not, in any way, change the amount of the assessments. Motion was made by Davis, seconded by Swecker to table approval of resolutions awarding a construction contract for Improvement Project 15-02, Contract 1, and Improvement Project 15-02, Contract 2. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little 10. Avonlea Daren Laberee of Mattamy Homes requested Council approval of the Avonlea preliminary plat and Planned Unit Development (PUD) development stage plan for a 469 acre project, including the first development phase of 204 single family lots and 47 attached townhome units. Mattamy Homes is requesting flexibility in the standards for the townhome unit garage square footage. Mr. Laberee provided a townhome garage square footage analysis to support that request. Council Member LaBeau asked if the covenants for this development will include restrictions related to over -night and off-street parking. Mr. Laberee stated there is off-street parking available within the townhome development area. Mattamy Homes does not allow over -night parking in most of their communities. Mayor Little stated he supports some flexibility for these residents. Planning Consultant Dan Licht presented the staff report for Avonlea. The Planning Commission held a public hearing on March 19, 2015 to consider a Comprehensive Plan amendment to modify the 2030 Land Use Plan, Transportation Plan and Staged MUSA Expansion Areas Plan; a zoning map amendment to rezone the property to PUD; a Planned Unit Development District; and a preliminary plat and PUD Development Stage Plan of 204 single family lots, 47 attached townhome units and one common area lot. The Planning Commission and City staff recommend approval subject to 14 stipulations outlined in the April 2, 2015 planning report. Council Member Davis stated he supports the developer's request for flexibility in the townhome unit garage sizes, based on the market analysis presented by the developer and due to the fact that this project is zoned PUD. City Council Meeting Minutes, April 6, 2015 Page 7 Mayor Little stated he feels this project provides some density in the housing stock for Lakeville, which the Council has expressed a desire for. He feels the garage size variation being requested is minimal, and he supports the developer's request. Council Members LaBeau, Swecker and Anderson also expressed support of the smaller garage sizes as requested. Motion was made by Anderson, seconded by LaBeau to approve the preliminary plat and Planned Unit Development (PUD) development stage plans for Avonlea, subject to the 14 stipulations listed in the April 2, 2015 planning report, striking the words "garage size" in Stipulation No. 4, Resolution No. 15-42 approving an amendment to the Comprehensive Plan, Ordinance No. 939 rezoning property to PUD, and findings of fact. Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little, Swecker 11. Unfinished business: None 12. New business: None 13. Announcements: Next regular Council meeting, April 20, 2015 Mayor Little adjourned the meeting at 8:54 p.m. Respectfully submitted, Charlene Friedges, City Cjfrk Matt Little, Mayor