HomeMy WebLinkAbout04-15-19CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
April 15, 2019
Mayor Anderson called the meeting to order at 7:00 p.m. in the Council Chambers at City
Hall. After a moment of silence, the Pledge of Allegiance to the flag was given.
Members Present: Mayor Anderson, Council Members Volk, Wheeler, Hellier and Lee
Staff Present: Justin Miller, City Administrator; Andrea McDowell-Poehler, City Attorney;
Paul Oehme, Public Works Director; David Olson, Community & Economic Development
Director; Jerilyn Erickson, Finance Director; John Hennen, Parks & Recreation Director;
Daryl Morey, Planning Director; Zach Johnson, City Engineer; Charlene Friedges, City Clerk
3. Citizen Comments: Larry Jones, 12450 2101 Street W., raised questions and concerns with
respect to the following: 1) handicap accessible parking space at a local business that he felt
was not completed properly, 2) City's environmental resource rates for storm water, and 3)
metro mobility taxes being paid by the City. Mayor Anderson advised Mr. Jones that he and
City staff would be in touch to provide information and respond to his questions and
concerns.
4. Additional Agenda Information: City Administrator Miller requested the City Council
remove Item 6m from the consent agenda and add a new Item 11 to the agenda.
Motion was made by Lee, seconded by Hellier, to approve the agenda as amended.
Voice vote was taken on the motion. Ayes - unanimous
5. Presentations/Introductions
Richard Henderson, representing Lakeville Rotary, provided a brief overview of the upcoming
Taste of Lakeville event.
City Forester Emily Ball asked the City Council to proclaim Saturday, April 27, Arbor Day.
Council Member Lee read the proclamation.
Kevin McCarney asked the City Council to proclaim Thursday, May 2, National Day of
Prayer in Lakeville. Council Member Volk read the proclamation.
6. Consent Agenda
Motion was made by Volk, seconded by Wheeler, to approve the following:
City Council Meeting Minutes, April 15, 2019
a. Check register review
b. Minutes of the April 1, 2019 City Council meeting
c. Minutes of the February 25, 2019 Council work session
d. Minutes of the January 28, 2019 Council work session
e. Minutes of the March 25, 2019 Council work session
f. Amended Fire Station Facility Use Agreement with Allina Health Systems
g. Debt policy amendment
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h. Proposal from QC Companies for repair of trench drains at the Water Treatment Facility
i. Resolution No. 19-38 accepting donations to the Parks & Recreation Department
j. Temporary Utility Easement Agreement with EREP Heritage Commons I, LLC
k. Three-month extension of the Cedar Crossings final plat
1. Amended and Restated Parking Deferment Agreement with KJPL Lakeville, LLC (The
Edison at Spirit)
m. (Removed from consent agenda)
n. First Amendment to Joint Powers Agreement with Dakota County for County Road 50
reconstruction; Agreement with Xcel Energy for street lighting; and Agreement with MP
Nexlevel for fiber relocation
o. Resolution No. 19-40 awarding contract for miscellaneous roadway repairs, Improvement
Project 19-01; Resolution No. 19-41 authorizing funding; and Joint Powers Agreement
with Vermillion River Watershed Joint Powers Organization for an organics drop-off
facility
p. Confirm re-election of Planning Commission Chair Pat Kaluza
City Council Meeting Minutes, April 15, 2019 Page 3
q. Acceptance of public streets and utilities in Berres Ridge 3rd Addition
Voice vote was taken on the motion. Ayes - unanimous
7. Airlake Development Seventh Addition
Jim Connelly of APPRO Development requested approval of Airlake Development Seventh
Addition, consisting of two industrial lots and one outlot located east of Hamburg Avenue
and south of Lakeville Boulevard. The property is in the City's General Industrial and
Shoreland Overlay districts.
Mr. Olson presented the staff report. He stated the Airlake Development Seventh Addition
final plat will include the dedication of 3.4 acres of an undevelopable portion of the property
(Outlot A) to the City as permanent open space. This wetland area is in the Vermillion River
tributary. Because Outlot A is being dedicated to the City for preservation, Lots 1 and 2 will
not be subject to the DNR's impervious surface area requirements. Mr. Olson stated the
Planning Commission held a public hearing and unanimously recommended approval of the
preliminary and final plat and a conditional use permit allowing impervious surface area
greater than 25%.
Motion was made by Wheeler, seconded by Lee, to approve:
• Resolution No. 19-42 approving the preliminary and final plat of Airlake Development
Seventh Addition
• Findings of fact and conditional use permit for impervious surface area
Roll call was taken on the motion. Ayes - Volk, Anderson, Wheeler, Hellier, Lee
8. The Moments of Lakeville
Patrick Sarver, representing The Moments of Lakeville, requested approval of a conditional
use permit to allow the expansion of The Moments of Lakeville memory care facility. The
applicant, Elizabeth Wright, is proposing a two-story building expansion of 78,000 square feet
consisting of 60 memory care units on property located at 16258 Kenyon Avenue.
Mr. Morey presented the staff report for the project. The property is zoned General
Commercial District. He explained that the conditional use permit allows the expansion of
the memory care facility approved in 2015, with building height greater than 35 feet and
impervious surface area greater than 25% in the Lee Lake Shoreland Overlay District. He
explained that the undeveloped lot has been combined with the existing developed site, and
both lots are now owned by Ms. Wright. Because the lots have been combined, the drainage
City Council Meeting Minutes, April 15, 2019
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and utility easement between Lots 1 and 2 is proposed to be vacated. The applicant proposes
to connect the new building to the existing building through a covered pedestrian walkway.
Mr. Morey explained that the expansion project proposes a total of 46 parking spaces for the
60 -unit building, which meets zoning ordinance requirements. Vehicle access and parking lot
drive aisles also meet zoning ordinance requirements. A variance was approved by the City
Council in 2015 for the construction of a privacy fence along 162nd Street. Mr. Morey stated
the fence has not yet been constructed; however, the applicant plans to install it with this
second phase. The project also includes a black vinyl coated chain link fence around the
entire perimeter of the site to provide safety and security for the residents.
Council members asked questions related to the proposed privacy fence, parking, vehicle
circulation, signage, sight lines along Kenyon Avenue and storm water management. Mr.
Morey, Mr. Sarver and Amit Sela (on behalf of Ms. Wright) responded to all questions and
concerns.
Motion was made by Hellier, seconded by Wheeler, to approve:
• Findings of fact and conditional use permit to allow expansion of The Moments of
Lakeville memory care facility
• Resolution No. 19-43 vacating public drainage and utility easement
• Site Improvement Performance Agreement and Amended and Restated Stormwater
Maintenance Agreement
Roll call was taken on the motion. Ayes - Anderson, Wheeler, Hellier, Lee, Volk
9. Public Assessment Hearing, Improvement Project 19-02
Mayor Anderson opened the public hearing on proposed assessments for Improvement
Project 19-02, the 2019 street reconstruction project. Monica Heil of WSB provided a brief
overview of the project, as well as project costs and funding sources. The City's estimated
total project cost, after reimbursement from the City of Burnsville for its portion, is
$8,475,944, which is 5.36% below the feasibility report estimate. Ms. Heil provided an
overview of the City's assessment policy. She presented the single-family unit assessment
rates for this project, which vary based on the type of street that the properties are located on.
Assessments can be paid without interest by November 15, 2019. Assessment deferral is an
option for senior citizens, disabled persons and persons on active military duty. Ms. Heil
reported that a written intent to appeal the assessment has been submitted by Evergreen
Church, 16165 Kenwood Trail.
At this time, Mayor Anderson invited questions and comments from the public.
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John and Nancy Gross, 16126 Joplin Way, asked if their property is within the project area,
and they requested information regarding senior citizen deferment. Ms. Heil confirmed that
their property is within the project area and directed them to the City's website for additional
information.
Motion was made by Volk, seconded by Wheeler, to close the public hearing.
Voice vote was taken on the motion. Ayes - unanimous
City staff discovered an error in the proposed resolution adopting assessments and requested
additional time to make the appropriate revisions.
Motion was made by Volk, seconded by Wheeler, to table further consideration of this item
until later in the meeting when a revised resolution is provided.
Roll call was taken on the motion. Ayes - Wheeler, Hellier, Lee, Volk, Anderson
10. Public Assessment Hearing, Improvement Project 19-05
Mayor Anderson opened the public hearing on proposed assessments for Improvement
Project 19-05, Hamburg Avenue. City Engineer Zach Johnson provided an overview of the
project, funding sources and assessments. The total estimated project cost is $1,806,115,
which is 35.1% below the feasibility report estimate. He explained that the watermain
assessment for this project will be deferred up to eight years without interest. Property
owners have until November 15, 2029 to connect to the watermain. Mr. Johnson briefly
outlined the City's assessment policy and deferment option for senior citizens, disabled
persons and persons on active military duty. Mr. Johnson reported that a written intent to
appeal the assessment has been submitted by Gervase J. Langer & Christine Zweber, 20200
Hamburg Avenue.
Mr. Johnson provided a revised resolution adopting assessments for this project. He
explained that both assessment resolutions (Items 9 and 10) have been modified to provide
clarification regarding payment of assessments and calculation of interest.
At this time, Mayor Anderson invited questions and comments from the public.
Christine Zweber, 20200 Hamburg Avenue, asked if pre -payment of her assessment could be
extended until after the eminent domain on her property is settled with Dakota County. The
City Attorney stated an extension could not be granted, as the two proceedings are separate.
City Council Meeting Minutes, April 15, 2019
Scott Schlink, 20483 Hamburg Avenue, questioned the project timeline with respect to
removal and replacement of the pavement. Mr. Johnson responded.
Motion by Volk, seconded by Wheeler, to close the public hearing.
Voice vote taken on the motion. Ayes - unanimous
Motion was made by Hellier, seconded by Volk, to approve:
• Resolution No. 19-47 adopting assessments (as revised)
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• Resolution No. 19-48 awarding contract to Friedges Contracting Co.
• Resolution No. 19-49 authorizing funding, budget amendments and fund transfers
• Grant of Permanent Easement with Minneapolis Meeting Rooms, Inc.
Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Anderson, Wheeler
Motion was made by Volk, seconded by Hellier, to remove Item 9 from the table for
consideration at this time.
Voice vote was taken on the motion. Ayes - unanimous
Motion was made by Volk, seconded by Wheeler, to approve:
• Resolution No. 19-44 adopting assessments (as revised)
• Resolution No. 19-45 awarding contract to McNamara Contracting, Inc.
• Resolution No. 19-46 authorizing funding, budget amendments and fund transfers
• Accept professional service proposals from Braun Intertec and WSB
Roll call was taken on the motion. Ayes - Lee, Volk, Anderson, Wheeler, Hellier
11. Mr. Oehme asked the City Council to approve a resolution awarding a contract to McNamara
Construction, Inc. for replacement of a culvert on Kenyon Avenue. City staff solicited quotes
to replace the culvert when a sink hole formed last week. McNamara Construction submitted
the low quote, which is not to exceed $60,000.
Motion was made by Wheeler, seconded by Hellier, to approve Resolution No. 19-39
awarding a contract for the Kenyon Avenue culvert replacement to McNamara Construction,
Inc.
Roll call was taken on the motion. Ayes - Volk, Anderson, Wheeler, Hellier, Lee
Unfinished business: None
City Council Meeting Minutes, April 15, 2019
12. New business: None
13. Announcements:
Next regular Council meeting, May 6, 2019
Council work session, April 22, 2019
Mayor Anderson adjourned the meeting at 9:02 p.m.
Respectfully submitted,
Charlene Friedges, City k
Douglas P.Ander son, Mayor
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