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Home My WebLink About05-03-2021CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES May 3, 2021 Mayor Anderson called the meeting to order at 6:30 p.m. Members Present: Mayor Anderson, Council Members Bermel, Hellier, Lee, Volk Staff Present: Andrea McDowell Poehler, City Attorney; Justin Miller, City Administrator; Jeff Long, Police Chief, David Olson, Community & Economic Development Director; Zach Johnson, City Engineer; Charlene Friedges, City Clerk 3. Citizen Comments: • No citizen comments 4. Additional Agenda Information: • No additional agenda information 5. Presentations/Introductions: • Fire Chief Meyer presented Fire Department quarterly report. • Deb Anderson provided a brief history on the National Day of Prayer and asked the City Council to proclaim Thursday, May 6, National Day of Prayer in Lakeville. 6. Consent Agenda: Motion was made by Hellier, seconded by Lee, to approve the following: a. Check Register Summary b. Minutes of the 4/19/2021 City Council Meeting c. Minutes of the 4/26/2021 Closed City Council Meeting d. The Moments of Lakeville Findings of Fact and Conditional Use Permit to allow expanded parking e. Contract with Visu-Sewer, Inc. for 2021 Sanitary Sewer Manhole Lining Project f. Contract with William Bishop Holdings d.b.a. High -Tech Refrigeration for Galaxie Liquor Reach -in Cooler Mechanicals CITY COUNCIL Minutes, May 3, 2021 Page 2 g. Contract with B & B Commercial Coatings LLC for hydrant reconditioning h. Resolution No. 21-49 approving Amendment to the City of Lakeville and Lakeville Arenas Flexible Benefit Plan i. Resolution No. 21-50 accepting donation to the Lakeville Police Department from Lakeville Public Safety Foundation j. Grant Agreements with Dakota County for Aquatic Invasive Species Program Funding Assistance k. Resolution No. 21-51 approving charitable gambling for Lakeville South Football Association 1. Agreement with Blue Water Science for Professional Services for Lake Management m. Berean Baptist Church Final Plat Extension n. Amendment to Licensed Premises for Meadowlawn Restaurants d.b.a. Northern Taphouse and an Encroachment Agreement with the Trust of William and Patricia Mandel o. Amended Contract with TreeBiz, LLC for Boulevard Tree Inventory Services p. Findings of Fact and Conditional Use Permit for a second detached accessory building at 12117 1971 Street W. q. Resolution No. 21-52 Approving the Redstone Final Plat r. Timbercrest at Lakeville 8th Addition Final Plat Extension s. Contract with TMG Construction for City Hall Bathroom Remodel t. Findings of Fact and Conditional Use Permit Amendment for Dakota Electric Association Substation Expansion at 17709 Cedar Avenue u. Professional Services Agreement for an Enterprise Resource Planning (ERP) Consultant and Resolution No. 21-53 Amending the 2021 General Fund Budget v. Agreement with Metropolitan Council for Volunteer Lake Monitoring Program CITY COUNCIL Minutes, May 3, 2021 Page 3 Roll call was taken on the motion. Ayes - Volk, Bermel, Anderson, Hellier, Lee 7. Public Hearing for 210" Street Reconstruction Project 22-03 Mayor Anderson opened the public hearing on the reconstruction of 210th Street between Kensington Boulevard and Cedar Avenue. Assistant City Engineer Alex Jordan provided an overview of the project, which will include roadway widening, a single lane roundabout at Dodd Boulevard, trails along both sides of the road, and enhanced crossings at Junco Trail and Italy Avenue. He presented the estimated costs and assessments and the city's adopted assessment policy. He explained that the assessment amounts are preliminary at this time. Final construction costs will be determined, and assessments will be calculated, after bids are received and an assessment hearing is held next spring. Mr. Douglas Boedeker stated he owns agricultural property along 2 10 1h Street. He expressed concerns regarding the existing storm drainage through his property and the sizeable amount of his assessment. Mr. Jordan stated he would meet separately with Mr. Boedeker to discuss the project design and proposed assessments. Motion was made by Lee, seconded by Bermel, to close the public hearing. Roll call was taken on the motion. Ayes - Bermel, Anderson, Hellier, Lee, Volk Motion was made by Hellier, seconded by Lee, to approve Resolution No. 21-54 ordering improvements and authorizing preparation of plans and specifications for the 210th Street Reconstruction Project 22-03. Roll call was taken on the motion. Ayes - Anderson, Hellier, Lee, Volk, Bermel 8. Ordinance Amending Title 5 by Adding a New Chapter 9 Relating to and Regulating Targeted Picketing in Residential Neighborhoods Chief Long presented the proposed ordinance. He explained that the ordinance does not prevent picketing or prohibit first amendment rights. It protects residential privacy by prohibiting targeted picketing in front of or about a residential dwelling. Violation of the ordinance could result in a misdemeanor charge. The City Attorney clarified that the ordinance does not apply to public property. Chief Long stated peaceful protests on public property are allowed in the city without a permit. Councilmember Volk stated she does not support the ordinance as she feels it restricts freedom of speech. CITY COUNCIL Minutes, May 3, 2021 Page 4 Motion was made by Hellier, seconded by Bermel, to adopt Ordinance No. 1043 amending Title 5 of the Lakeville City Code by adding a new Chapter 9 relating to and regulating targeted picketing in residential neighborhoods. Roll call was taken on the motion. Ayes - Hellier, Lee, Bermel, Anderson Nay - Volk 9. Annexation Public Hearing Adelmann Property Dan Reagan of Launch Properties requested City Council approval to incorporate 115.57 acres currently located in Eureka Township into the City of Lakeville. Adelmann Family Farms LLC submitted a petition requesting annexation. This property abuts the east property line of the Launch Park industrial development. Mr. Olson presented the staff report. Minnesota Statutes 414.033 provides for a property owner to petition the City to annex up to 120 acres of land that is contiguous to the City. The primary purpose of the annexation is to allow for additional industrial development in Lakeville. The Adelmann Family Farms property will pay $788.08 property taxes to Eureka Township in 2021. Eureka Town Board Chair Donovan Palmquist and Town Board Supervisors Nancy Sauber and Ralph Fredlund stated the Eureka Township Board is opposed to the annexation of both the Adelmann and Ruddle properties. Eureka Township resident Beth Eilers expressed opposition to the annexation. Eureka Township resident Georgie Molitor, who lives on 225`'' Street W., expressed concerns regarding semi traffic on 2251 Street, which is not designed for truck traffic, and the lack of a 20 -foot green space between her property and the industrial area to the north. She also expressed annoyance with the noise and lighting from the industrial area north of her property. Julie Larson, who owns farmland in Eureka Township, spoke in opposition to the annexation. Motion was made by Volk, seconded by Bermel, to close the public hearing. Roll call was taken on the motion. Ayes - Lee, Volk, Bermel, Anderson, Hellier CITY COUNCIL Minutes, May 3, 2021 Page 5 Mr. Olson stated the Metropolitan Airports Commission plans to make improvements to a portion of 2251 Street in conjunction with the future Airlake Airport runway extension, to include realignment and paving. This work is scheduled to be completed in 2023. Council members and staff discussed the concerns raised by residents regarding truck traffic and maintenance of 2251 Street W. Residents were encouraged to contact city staff regarding any development oversights along the northern border of Eureka Township so that they can be addressed. Mayor Anderson clarified that the City did not seek these annexations. The City is responding to the petitions submitted by the property owners. Motion was made by Hellier, seconded by Bermel, to direct the City Attorney to prepare an ordinance to annex the Adelmann Family Farms LLC property located in Section 3 Eureka Township pursuant to Minnesota Statutes 414.033 Subdivision 2(3). Roll call was taken on the motion. Ayes - Volk, Bermel, Anderson, Hellier, Lee 10. Annexation Public Hearing Ruddle Property Scott Moe of Scannell Properties requested City Council approval to annex the 91.37 acres of property located in Eureka Township into the City of Lakeville. This property abuts the south property line of the Interstate South Logistics Park industrial development. Scannell Properties proposes to extend Jacquard Avenue south into this property, and the property also has access to Dodd Boulevard. Mr. Olson presented the staff report. This property also meets statutory requirements for annexation and will address the increased demand for larger lots to accommodate industrial development. The Ruddle property will pay $545.34 in property taxes to Eureka Township in 2021. Beth Eilers, Georgie Molitor and Nancy Sauber reiterated their concerns regarding truck traffic on 2251 Street W. and Dodd Boulevard. Motion was made by Hellier, seconded by Volk, to close the public hearing. Roll call was taken on the motion. Ayes - Bermel, Anderson, Hellier, Lee, Volk Motion was made by Hellier, seconded by Bermel, to direct the City Attorney to prepare an ordinance to annex the Robert and Kathleen Ruddle property located in Section 6 of Eureka Township pursuant to Minnesota Statutes 414.033 Subdvision2 (3). Roll call was taken on the motion. Ayes - Anderson, Hellier, Lee, Volk, Bermel CITY COUNCIL Minutes, May 3, 2021 11. Unfinished business: None 12. New business: None 13. Announcements: Next regular City Council meeting, May 17, 2021 Motion was made by Lee, seconded by Volk, to adjourn. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Bermel, Anderson The meeting adjourned at 8:30 p.m. Respectfully submitted, 611'e� - Charlene Friedges, City C r Douglas P. Anderson, Mayor Page 6