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Home My WebLink About04-01-2024 MINUTES CITY COUNCIL MEETING Aprll 1,2024-6:00 PM GYh•Hall Council Chambers 1. Call to order,moment of silence and flag pledge Acting Mayor Lee called the meeting to order at 6:00 p.m. 2. Roll Call Members Present: Acting Mayor Lee, Council Members Bermel, Volk, Wolter Members Absent: Mayor Hellier Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; John Hennen, Parks& Recreation Director; Allyn Kuennen, Assistant City Administrator;Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3. Citizen Comments Cindy Graham, 20480 Holyoke Avenue, addressed her concerns with the rising number of pan-handlers in Lakeville. 4. Additional agenda information Council members have a revised Contract tonight for Item J. on the consent agenda. .5. Presentations/Introductions a. National Day of Prayer Proclamation Acting Mayor Lee proclaimed May 2nd as a National Day of Prayer. b. Public Works Department Quarterly Report Public Works Directar Paul Oehme presented the Quarterly Report. 6. Consent Agenda Motion was made by Bermel, seconded by Wolter, to approve the following: Voice vote was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter a. Check Register Summary b. Minutes of the 03/18/2024 City, Council Meeting c. Agreement with Tennts West,LLC for 2024 Court Resurfacing d. Resolution No. 24-037 to Support an Applicatfon of a Metropolitan Council Water Eff3ciency Grant Ciry Council Meeting Minutes April 1, 2024 Page 2 e. NoMhland Collision Conditional Use Permit Amendment f. Agreement with AmeriCorps for Climate Impact Corps Member for Forestr,y Division g. Agreement with Friedges Contracting Company,LLC for General Site Improvements at Avonlea Communit,y Park: CIP#24-20 h. Agreement with Commercial Recreation Specialists, Inc. for Avonlea Community Park Shade Structures and Installation of Custom Shade Sail S,ystem i. Professional Services Agreement with RJM Construction ,�. Agreement wlth EMI Audio for the Antlers Park Building Sound Sj�stem k. Agreement with Commercial Recreation Specialists, Inc. for Avonlea Communitf� Park Splash Pad and Installation 7. Action Items a. Public hearing on the application for Phoenia Cove Event Center,LLC DBA "Phoenig Hall Event Center" for an On-Sale Wine and On-Sale 3.2% Malt Liquor License City Clerk Orlofsky provided a brief background on the application. Phoenix Hall will begin to offer a dining experience from 9:00 a.m. to 3:00 p.m. and would like to offer beer and wine for those events. Acting Mayor Lee opened the public hearing at 6:24 p.m. There were no comments from the public. Motion was made by Volk, seconded by Berniel,to close the public hearing at G:25 p.m. Voice vote was taken on the niotion. Ayes - Lee, Bermel, Volk, Wolter Motion was made by Bermel, seconded by Wolter, to grant an on-sale wine and on-sale 3.2%malt liquor license for Phoenu�Hall Event Center located at 20732 Holt Avenue. Roll call was taken on the motion. Ayes - Lee, Berniel, Volk, Wolter b. Public Hearing and Award of Contract for the 2024 Street Reconstruction/RehaUilitation Improvement Project 24-02 Public Works Director Paul Oehme presented the staff report for the 2024 Street Reconstruction/Rehabilitation Improvement Project 24-02. Council asked staff questions related to assessment charges and the policy requirenients. Acting Mayor Lee opened the public hearing at 6:38 pm. Bradley Anderson, 20048 Italy Avenue, addressed his concerns about the cost of the project. He does not feel this will improve his property value at all. Sam Wilson, 20066 Italv Avenue, asked why the curbs had to be installed with this City Council Meeting Minutes April 1, 2024 Page 3 project. They have not had curb and gutter in this neighborhood for 32 years. Oelune explained that the curb and gutter will help improve some of the drainage issues in the neighborhood. Jennifer Buie, 20068 Italv Avenue, asked how many people were in favor of the curb and gutter in this neighborhood. Public Work's Director Paul Oehme explained tl�at the majority of the neighborhood was in favor of the curb and gutter at the neighborhood meeting. The assessment would be reduced by$900.00 if the removed the curb and gutter. Mil:e Mrozek, 20064 Italy Avenue, echoed his neighbor's comments. There is not a return on investment. The water in the neighborhood has been doing what it does for tlie ' last 32 years. They don't feel the curb and gutter will change or improve the drainage. Gindv Grahm, 20480 Holyoke Avenue, has concerns about more traffic using this street after the project is complete. She is worried there will be a pedestrian accident. Heather Anderson. 20048 Italy Avenue, she is opposed to the assessment in general. She pays taxes and the City should repair her road. Had the road been maintained properly it would not need to be repaired. She added that the curb and gutter is more of a beautification project than an improvement project. Kenneth LaBoone, 20072 Italv Avenue, he thanked the City for being transparent with the residents. He and his wife have seen Italy Avenue flood four tunes since 1984. He would like to better understand how the improvements will help shed the water from the street. Robert McCartv, 18482 Jaeger Path, spoke about the pond that drains near his property. He would like to know how this pond will be impacted during this project. Motion was made by Berniel, seconded by Volk to close the public hearing at 7:01 p.m. Voice vote was taken on the niotion. Ayes -Lee, Bermel, Volk, Wolter Council discussed the cost of assessments, the possibilities to change the City's assessment policy, as well as drainage and grade improvements for Italy Avenue. Director Oehme explained that the current condition of Italy Avenue is due to fact that water cannot escape the road, so the water begins to deteriorate the condition of the road. The addition of curb and gutter will help niove the water off the road and extend the pavements lifetime. The City Attorney�;7ould not recommend deviating from the current policy. The City Council�vould like to keep the policy discussion on a future agenda to see if abatement is an option. City Council Meeting Minutes April 1, 2024 Page 4 Motion was made by Bermel, seconded by Volk, to approve 1) resolution awarding contract to McNamara Contracting, Inc for the 2024 Street Reconstruction!Rehabilitation Project, City Project 24-02; 2)resolution adopting assessments for city improvement project 24-02; 3) resolution authorizing funding and 2024 budget amendments and fund transfers; and 4) approve proposals with WSB and Braun Intertec for professional services. Roll call��as taken on the motion. Ayes - Lee, Bermel, Volk Nay- Wolter c. Public Hearing and Resolution Adopting Assessment For Unpaid Special Charges Acting Mayor Lee opened the public hearing at 7:35 p.m. on the certification for assessmeiits and unpaid special charges. A brief presentation was made by Finaiice Director Erickson. The unpaid charges include delinquent utilities in the amount of$8,320.55, nuisance abateuient on nineteen properties in the amount of$5,686.51, and false alann deeds on two properties in the amount of$1,097.50. The assessment rolls will be forwarded to Dakota County for collection with other taxes. There were no questions or conunents from the public. Motion was made by Volk, seconded by Wolter, to close the public hearing at 7:36 p.m. Voice vote was taken on the motion. Ayes - Bennel, Lee, Volk, Wolter Motion was made by Wotter, seconded by Volk, to approve Resolution No. 24-041 adopting assessments for the unpaid special charges. Roll call was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter 8. Unfmished Business None 9. New Business None 10. Announcements a. Nezt Regular Cit,y Council r7eeting,April 15, 2024 U. Nezt Woi•k Session Meeting,Apri122, 2024 11. Adjourn to a closed session (Minn. Stat. 13D.05, suUd.3(b)(3)) a. Closed Sesslon—Attorne�•-Client Privileged Discussion oi Proposed Settlement Terms in Citl�ofLakeville��. Julie A.Larson et al.,19HA-CV-21-3756.The Cith�Council ma�•close the meeting as permitted b�-�1Zinn.Sta�§ 13D.05,subd.3(b)to hold a confidenttal,sttorney�-ctient prn�ileged discussion of legal rights and remedies, potential settlement,and strate��regarding the above legal action. Motion was made by Volk, seconded by Berniel, to adjourn to a closed session as permitted by Minn. Stat. § 13D.05, subd. 3(b) to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential settlement, and strategy regarding the City of Lakeville v. Julie A. Larson. City Council Meeting Minutes April 1, 2024 Page 5 Roll call was taken on the motion. Ayes - Lee, Bennel, Volk, Wolter Respectfully Submitted, Ann Orlo sky, City Clerk Josh ee,Acting ayor