HomeMy WebLinkAboutItem 06.b
CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
November 18, 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 Wheeler and Lee
Absent: Council Members Volk and Hellier
Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney;
Jeff Long, Police Chief; Paul Oehme, Public Works Director; David Olson, Community &
Economic Development Director; Jerilyn Erickson, Finance Director; Daryl Morey, Planning
Director; Charlene Friedges, City Clerk
3. Citizen Comments: None
4. Additional Agenda Information: None
5. Presentations/Introductions: None
6. Consent Agenda
Motion was made by Lee, seconded by Wheeler, to approve the following:
a. Check register review
b. Minutes of the November 4, 2019 City Council meeting
c. Resolution No. 19-140 establishing polling places for the 2020 elections
d. Audit Engagement Letter with CliftonLarsonAllen LLP
e. Amendment to enhanced landscape maintenance contract with VonBank Lawn Care,
Inc.
f. Joint Powers Agreement with Dakota County and ISD 194 for the 175th Street fiber
project
g. Award contract for the rehabilitation of Wells 8 and 11 to Bergerson Caswell, Inc.
h. Resolution No. 19-141 setting dates of regular City council meetings and work sessions
for 2020
i. Resolution No. 19-142 granting Charter Cable Partners LLC a franchise extension to
December 31, 2020
City Council Meeting Minutes, November 18, 2019 Page 2
j. Resolution No. 19-143 accepting donation to the Police Department from Hosanna
Church
k. Conditional use permit extension for Four Square Preschool and Daycare; and final plat
extensions for Timbercrest at Lakeville 8th Addition, Spirit of Brandtjen Farm 22nd
Addition and Berean Baptist church
l. Contract with Rainbow Treecare for 2019 right-of-way and park ash tree and stump
removal
Voice vote was taken on the motion. Ayes – unanimous
7. Improvement Project 20-02 Street Reconstruction
Mayor Anderson opened the public hearing to consider Improvement Project 20-02, the
2020 street reconstruction project.
Mr. Miller stated State Statute requires four affirmative votes on the resolutions ordering
public improvements. Because there are only three council members present, formal
action on the two reconstruction projects will be delayed to the next regular City Council
meeting.
Public Works Director Paul Oehme stated the 2020 street reconstruction project consists of
10.6 total miles primarily within the Lake Villa Golf Estates, Marion Village and 202nd Street
neighborhoods. It also includes 172nd Street and 175th Street near Orchard Lake, which
were initially slated for reconstruction in 2019.
Monica Heil of WSB provided a detailed overview of the project, which includes street
reconstruction, water system improvements, slope stabilization, roadway safety (guardrail)
and drainage improvements along Orchard Lake and shoulder widening along 172nd
Street. Potential improvements to Orchard Lake Park, including boat launch repairs, are
being evaluated as part of this project.
Ms. Heil presented the estimated total project cost of $12,388,370; the actual project cost
will not be determined until the bids are received early next year. Based on the City’s
assessment policy, 40% of the cost of street and storm sewer improvements would be
assessed to the benefiting properties. The estimated assessment per single family unit
varies based on the scope of work and density of each specific neighborhood within the
project.
The following residents asked questions about the project:
City Council Meeting Minutes, November 18, 2019 Page 3
Eric Skoog, 11960 168th Street W., questioned the need for a guardrail on 175th Street near
Orchard Lake. He also asked why no sidewalk is proposed on 172nd Street and why utilities
are not being extended to Kirben Avenue.
Michael Holbrook, 12190 168th Street W., asked about slope improvements along the
lakeshore, questioned the need for a guardrail, and asked whether a concrete curb will be
installed on 175th Street W.
Brian Wasserman,12265 175th Street, asked about the abandoned railroad tracks and
whether the project includes burial of overhead electrical lines.
Tom Healy, 17351 Kodiak Avenue, also questioned the need for the 175th Street guardrail
and asked about potential impacts to yards and boulevards.
Candice Hojan, 17593 Kettering Trail, asked about the assessment payment process.
Bob Flury, 17515 Kodiak Avenue, asked what specific improvements could potentially
occur at Orchard Lake Park.
Frank Steiner, 12135 168th Street W., asked about storm drainage improvements on Upper
167th Street W. and Langley Avenue.
Bruce Johnson, 16755 Langley Avenue, asked about project timeline, road closures and
mailboxes.
Lorenz Harms, 12008 168th Street W., expressed concerns regarding speeding on 168th
Street W.
Ms. Heil responded to all questions and provided additional information regarding the
need for slope stability, concrete curb and gutter and a guardrail on 175th Street. She
explained that there is insufficient right-of-way along 172nd Street at this time to install a
trail or sidewalk. Right-of-way could be acquired at some future time when the parcels
along that roadway are developed. Public utilities are not proposed to be extended to
Kirben Avenue at this time but may be in the future if petitioned by those residents.
Ms. Heil stated the existing railroad tracks along 172nd Street will have a new crossing and
adjustments will be made to the roadway profile as part of this project. Staff will meet
with utility companies, but to date there are no plans to bury electrical lines. Project
phasing and traffic control will be worked out with the final project design. City staff will
work with the US Postal Service regarding placement of temporary mailboxes, and the
contractor will discuss landscaping and yard reclamation with the property owners prior to
beginning construction.
Ms. Heil stated funding for any improvements to Orchard Lake Park is still being evaluated.
Ramp improvements, boat launch parking lot and sidewalk improvements are being
City Council Meeting Minutes, November 18, 2019 Page 4
considered. The cost for these improvements would not be assessed to the property
owners.
Ms. Heil stated the City does not install speed bumps on public streets. Police Chief Long
referred residents to the city’s website where they can request additional traffic
enforcement in any areas of concern.
Motion was made by Wheeler, seconded by Lee, to close the public hearing.
Voice vote was taken on the motion. Ayes – unanimous
Motion was made by Wheeler, seconded by Lee, to continue action on the resolution
ordering improvements for Project 20-02 to the December 2, 2019 City Council meeting.
Roll call was taken on the motion. Ayes – Anderson, Wheeler, Lee
8. Improvement Project 20-04 170th Street Reconstruction
Mayor Anderson opened the public hearing to consider Improvement Project 20-04, the
170th Street reconstruction project.
City Engineer Zach Johnson presented the proposed project, which consists of a one-mile
segment of 170th Street W. from Flagstaff Avenue to Pilot Knob Road. The project includes
street and trail reclamation and full watermain replacement. The estimated project cost is
$2,618,206. There is one benefiting property eligible for assessment.
There were no questions or comments from the public.
Motion was made by Lee, seconded by Wheeler, to close the public hearing.
Voice vote was taken on the motion. Ayes – unanimous
Motion was made by Wheeler, seconded by Lee, to continue action on the resolution
ordering improvements for Project 20-04 to the December 2, 2019, City Council meeting.
Roll call was taken on the motion. Ayes – Wheeler, Lee, Anderson
9. The Moments
Patrick Sarver and Elizabeth Wright requested Council approval of a zoning ordinance
amendment to allow the connection of two principal buildings across a property line at
The Moments of Lakeville memory care facility, 16258 Kenyon Avenue.
Planning Director Daryl Morey presented the staff report. He stated the request is part of a
planned expansion to the memory care facility. The zoning ordinance amendment would
allow the connection of two principal buildings across a property line for interior
pedestrian use. A conditional use permit is needed to allow the building connection and
City Council Meeting Minutes, November 18, 2019 Page 5
to allow a six-foot tall chain link fence to be constructed within the front yard of The
Moments properties.
The summary ordinance requires four affirmative votes.
Motion was made by Lee, seconded by Wheeler, to adopt Ordinance No. 1018 amending
the zoning ordinance; adopt findings of fact and a conditional use permit to allow the
connection of principal buildings across a property line and the construction of six-foot tall
chain link fence in the front yard; and continue action on the summary ordinance to the
December 2, 2019 City Council meeting.
Roll call was taken on the motion. Ayes – Lee, Anderson, Wheeler
10. Bennett Bluffs Preliminary Plat
Rick Osberg of James R. Hill Inc. requested Council approval of the Bennett Bluffs
preliminary plat.
Mr. Morey presented the staff report for Bennett Bluffs, which proposes 24 single-family
lots and three outlots on 23.12 acres of land located south of 202nd Street and west of
Cedar Avenue. The street in Bennett Bluffs will be extended to the west when the adjacent
property develops.
Motion was made by Wheeler, seconded by Lee, to approve Resolution No. 19-146
approving the Bennett Bluffs preliminary plat.
Roll call was taken on the motion. Ayes – Anderson, Wheeler, Lee
11. Zoning Ordinance Amendment
Mr. Morey presented an ordinance amendment that addresses three issues in the zoning
ordinance. Two of the proposed changes pertain to zoning enforcement issues, the
outdoor storage of trailers in the shoreland impact zone and the keeping of prohibited
animals. The other proposed change is in response to a signage issue raised by
representatives of the Park Nicollet medical office building under construction in the
northwest quadrant of the CSAH 50/60 roundabout.
Mr. Morey explained that the section related to the keeping of prohibited animals is being
clarified to remove any perceived ambiguity. The section related to signage eliminates the
O-R District signage section and combines the O-R District with the C-1 District signage
regulations. This allows the Park Nicollet medical office building to have two 64 square
foot wall signs. The section related to outdoor storage would prohibit the storage of
recreational vehicles and equipment, including trailers, within a shoreland impact zone or
a bluff impact zone. The proposed amendment also adds a definition of watercraft and
allows the storage of watercraft within a shoreland impact zone or bluff impact zone.
City Council Meeting Minutes, November 18, 2019 Page 6
John Olson, 10669 202nd Street W., addressed the City Council regarding a trailer that he
uses to store watercraft, which is located on his property between Juno Trail and the Lake
Marion lakeshore. He stated he feels his trailer is not in violation of the city ordinance. He
asked the City Council to delay action on the proposed amendment and refer it back to the
Planning Commission for further review and input from the Lake Marion Association.
Mr. Morey clarified that the Olson’s trailer can be used as an ice fish house, which is
considered an accessory structure. These structures must meet the building setback
requirement, which is 75 feet from the Lake Marion ordinary high-water level.
Mayor Anderson recalled a previous action by the City Council regarding the regulation of
ice houses. The ordinance at that time required ice houses and trailers to be moved away
from the lakeshore, which the Lake Marion Association did not disagree with. He stated he
supports this ordinance amendment as presented.
The City Attorney explained that if the property owners feel they qualify for an exception
to the ordinance due to an ADA issue, they could submit a request for a waiver.
Alternatives could be considered that would maintain the intent of the ordinance as much
as possible.
Council Member Wheeler expressed concern with dealing with ADA matters. He stated he
does not support the proposed ordinance changes pertaining to outdoor storage of
trailers.
Motion was made by Lee, seconded by Wheeler, to adopt Ordinance No. 1019 amending
Title 11 of the City Code, only Sections 3-5 of the proposed ordinance pertaining to signs
and prohibited animals.
Roll call was taken on the motion. Ayes – Wheeler, Lee, Anderson
Council Members Wheeler and Lee stated they would like to continue discussions related
to outdoor storage of trailers in the shoreland impact zone to a later date.
Motion was made by Wheeler, seconded by Lee, to continue action on the summary
ordinance to the December 2, 2019 City Council meeting.
Voice vote was taken on the motion. Ayes – unanimous
12. Unfinished business: None
13. New business: None
14. Announcements: Next regular Council meeting, December 2, 2019
Next Council work session, November 25, 2019
City Council Meeting Minutes, November 18, 2019 Page 7
Mayor Anderson adjourned the meeting at 9:05 p.m.
Respectfully submitted,
____________________________________
Charlene Friedges, City Clerk
____________________________________
Douglas P. Anderson, Mayor