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HomeMy WebLinkAbout02-20-07 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007. Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of .allegiance to the flag was given. Attendance was noted. Present: Council Members Bellows, Wulff, Luick and Mayor Dahl. Absent: Council Member Rieb. Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community 8~ Economic Development Director; D. Morey, Planning Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; T. Vonhof, Interim Police Chief; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. Mr. Mielke had no additional agenda information. Presentations/Introductions Interim Chief Vonhof introduced representatives from the Dakota County MADD Chapter, Jack & Jo Baker, and. Lisa Holien from Lakeville North High School, who presented a national award to the City. of Lakeville for the 2005 production of the Underage Drinking Town Forum. Officer Rick Bussler and LPD Journal Producer Jim Schiffman accepted the award on behalf of the City. Interim Chief Vonhof presented a Police Chief's Award of Merit to employees of Wells -Fargo Bank for notifying law enforcement and providing complete and accurate information that resulted in the arrest of a bank robber. Those recognized were Kari Fritzke, Kelly Johnson and Lisa Bohlen. interim Chief Vonhof presented the January Police Department monthly .report. Parks 8~ Recreation Director Steve Michaud presented the January monthly report of the Parks. & Recreation Department. Citizens' Comments There were no Citizen Comments. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 2 Consent Agenda City Administrator Mielke highlighted Consent Agenda Items f, k, and t for the public's awareness. 07.9 Motion was made and seconded to approve the consent agenda items as follows: a. Approve claims for payment. b. Approve minutes of the February 5, 2007, City Council meeting and the February 12, 2007 Council work session. c. Receive January 2007 Investment Report. d. Receive minutes of the following advisory committee meetings: Planning Commission, February 1, 2007 Parks Recreation & Natural Resources Committee, January 31, 2007 Economic Development Commission, January 30, 2007 e. .Resolution No. 07-20 approving a grant agreement with Dakota County for public health preparedness planning. f. Resolution No. 07-21 receiving bids and awarding. contracts for Galaxie Liquor Store. g. Resolution No. 07-22 receiving bids and awarding contracts for Lakeville Arena Bid Package #3. h. Gambling permit for National Wild Turkey Federation, Dakota Strutters Chapter, for a raffle at Brackett's Crossing on March. 10, 2007. i. Resolution No. 07-23 receiving bid and awarding contract for flow metering devices. j. Resolution No. 07-24 approving plans and specifications, setting a bid date and approving a Joint Powers Agreement with Dakota County for traffic signal installation at Cedar Avenue and 179th Street, Improvement Project 06-24. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 3 k. Resolution No. 07-25 approving plans and specifications and setting a bid date for Dakota Heights sanitary sewer rehabilitation, Improvement Project 07-03. L Authorize Barr Engineering to prepare anon-degradation plan, Improvement Project Ob-10. m. Resolution No. 07-26 approving. plans and specifications and setting a bid date for 2007 overlays and miscellaneous pavement repairs, Improvement Project 07-01. n. Agreement with Dakota County for construction on City-owned property, CSAH 70/I-35 interchange, Improvement Project 99-23. o. .Authorize S.E.H., Inc. to complete Phase II of an infiltration/inflow analysis of the sanitary sewer system in North Creek, Improvement Project 06-19. p. Final acceptance of public utility and street improvements in Argonne Estates 1 st anal 2nd Additions. q. Final acceptance of public utilities in Morgan Square l5t Addition. r. Resolution No. 07-27 requesting speed zone study on 170t" Street. s. Lakeville Liquor Department premium disbursement policy. t. City of Lakeville 2007 legislative agenda policies. u. Resolution No. 07-28 approving the final plat. of Double E Crossings 2nd Addition. v. Resolution No. 07-29 approving the preliminary and final plat of Shady Oak Grove Second Addition; and Resolution No. 07-30 vacating easements. Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 4 Item 7-Dakota Heights Area Street Reconstruction and Streetlights Mayor Dahl opened the public hearing to consider street reconstruction and installation of street lights in the Dakota Heights area, Improvement Project 07-02. The City. Clerk attested that legal notices were duly published and mailed. City Engineer Keith Nelson presented the proposed street reconstruction .project, which includes the reclamation of public streets within Dakota Heights, Oak Hills, Oakridge Heights, Szabo's First Addition and Ideal. Way in the Viking Square subdivision. The streets in these neighborhoods are 25 to 30 years old and have deteriorated to a point where maintenance is quite extensive. The proposed street reconstruction work includes reclaiming the pavement surface, correcting any areas of poor sub .grade, removing and replacing broken or deteriorated curb and gutter, repairing sections of deteriorated storm sewer, re-grading the resulting gravel to provide a 0.5 foot street crown, removing any excess gravel and installing two new lifts of bituminous asphalt pavement. Ison stated the ro'ect also ro oses the installation of street li hts Mr. Ne p j p p g in the Dakota Heights and Szabo's First Addition subdivisions. The street light installation was discussed at a neighborhood meeting on January 9, 2007. Some residents expressed support, while others were opposed. At the request of the residents, a survey was conducted. Out of -211 surveys mailed, 156 property owners responded. Forty-seven percent expressed support, while 53~ were opposed. Mr. Nelson explained that the estimated cost for the street reconstruction is .$1,665,920.39. The project will be 60~ funded by the City and 40% from assessments to the. benefiting properties. The amount proposed to be assessed to each single-family lot is $1,633.26. That amount is proposed to be assessed over 10 years at six percent interest. The estimated cost for the street lights is $41,428.89. That portion of the project is to be funded 100 from assessments to the benefiting properties. The street light assessment is $193.60 per single family lot. Finance Director Dennis Feller provided an overview of the proposed. assessments and financing options available to eligible residents, such as senior citizen deferments. He explained that residents. may choose to prepay their assessment to avoid interest charges. After the project is CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 5 completed, residents will receive a notice of their actual assessment, and a public assessment hearing will be held. Council Member Wulff asked. if a senior citizen deferment continues to accrue interest. Mr. Feller stated it does. Mayor Dahl opened the hearing to questions and comments from the audience. -She explained. that questions would be recorded and answered after all residents have had an opportunity to speak. Ernie Andrews, l 7810 Irons Court, stated he is opposed to street lights. He asked who pays for the electricity if street lights are installed. (1) Roger Sandhoff, 10020 178th Street W., spoke in favor of street lights. Greg Stattman, 17965 Italy Path, spoke in favor of street lights. Alan Krane, 17605 Isleton Avenue, spoke in favor of street lights. He asked if the formula for determining assessments is unique. to this project, or if improvements to other areas of Lakeville would be assessed in the same manner. (2) Janet Friday, 17845 Ixonia Avenue, stated she is opposed to streetlights. Mark Lapham, 17875 Italy Path, stated he is opposed to street lights. Wayne Bruns, 17840 Isle Avenue, stated he is opposed to street lights.. He asked if the Police Department has statistics that show this area is less safe and has a problem with crime due to the lack of street lights. (3) Brenda Wimmer, 9925 - 180th Street West, stated she is opposed to street lights. 07.10 Motion was made and seconded to close the public hearing. Roll call was taken on the motion. Ayes, unanimous. Staff provided the following responses to questions asked by the residents: (1) Residents will pay a $6 energy charge on their utility bill CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 6 (2) Assessments for improvements to other areas of the city have been, and would be, handled in the same manner as this project; this is not a unique situation. (3) The Police-Department does not keep statistics based on lighting conditions; street ligh#s do increase pedestrian safety, however, the Police Department has no record of pedestrian danger in this area. Council Member Wulff pointed out that the survey map provided by staff shows pockets of streets where residents want lights and other areas where residents do not want them. She asked if the street lights could be installed only in those areas where residents have expressed a desire for them. She also asked if lights could be installed only at the intersections. Mr. Mielke explained that the difficulty with this scenario would be in disbursing the electrical charges among the residents. He felt that all residents in the neighborhood would still have to pay the street Fight charges on their utility bills, .regardless of where the lights are located. 07.1.1 Motion was made and seconded to approve Resolution No. 07-31 ordering Dakota .Heights area/Ideal Way street reconstruction and preparation of plans and specifications, Improvement Project 07-02. Roll call was taken on the motion. Ayes, unanimous. 07.12 Motion was made and seconded to approve a resolution authorizing installation of street lights in Dakota Heights 1St - 6t" Additions and Szabo's 1 St Addition, Improvement Project 07-02. Roll call was taken on the motion. Nays, unanimous. Motion failed. Item. 8-Park Dedication Fees Mayor Dahl .opened the public hearing on a proposed amendment. to Title 10 of the Lakeville City Code, .the subdivision ordinance. The City Clerk attested to legal notice publication. Steve Michaud presented the proposed amendment, which updates the ordinance language to meet new legislative requirements and sets. the park dedication fees for 2007 and 2008. According to a recently completed Park Capital Improvement Financing Plan, staff is recommending an immediate increase in park dedication fees of 9~ in CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 7 2007 and 9% in 2008. Mr. Michaud explained that a community survey will be conducted to determine residents' support in acquiring priority open. space properties and a potential bond referendum for park improvements. The City Council will be asked to evaluate the survey results and determine the next course of action. Finance Director Dennis Feller provided a detailed overview of the. Park Capital Improvement Financing Plan, which is based on the 2006 Comprehensive Park and Trail System Plan approved by the City .Council last fall. The Plan includes approximately $54 million for land acquisition, approximately $37 million for park improvements and approximately $9 million for other park related costs. The two primary revenue sources are park dedication fees, which are paid by developers, and a park bond referendum, which is paid by property owners (taxes). He presented several financing options, and explained that the City Council will need to determine which option is most plausible based on the survey results. The ordinance before the City Council this evening proposes a 9~ increase in park dedication fees in 2007 and a 9% increase in 2008, effective immediately. There were no questions or comments. from the audience. 07.13 Motion was made and seconded to close the public hearing to consider an ordinance amending Title 10 of the Lakeville City Code concerning park dedication fees. .Roll call was taken on the motion. Ayes, unanimous. 07.14 Motion was made .and seconded to adopt Ordinance No. 817 amending Title 10 of the Lakeville City Code, the subdivision ordinance, concerning park dedication fees. Roll call was taken on the motion. Ayes, unanimous. Item 9-Meadowlark Wren First Addition. Mark Ulfers, .Executive Director of the Dakota County Community Development Agency, requested Council approval of the Meadowlark. Wren First Addition. This development would consist of 40 affordable townhome units .located north of 210t" Street, east of Holt Avenue and CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 8 south of 209th Street. He introduced Dan Rogness and Kari Gill from the Dakota County CDA and Kim Bretheim from LHB Architects. Council Member Wulff asked about the proposed soil compaction and what impact. it will. have on the nearby homes. Mr. Rogness explained that the compaction is being proposed due to site contamination. He stated they plan to notify the nearby residents before beginning the compaction and would be responsible for any damage to homes or foundations. They may also vse monitoring devices and video cameras, if advised by their engineer, so that any impacts to the nearby homes can be monitored and recorded. Council Member Wulff asked about an existing fence and tree cover in the northeast portion of the site. Ms. Gill stated she believes it is located on the adjacent property. Council Member Wulff asked them to make sure that the .existing tree cover and fence remain in place to provide as much screening as possible between this site and the adjacent property. Planning Director Daryl Morey presented the planning report for Meadowlark Wren First Addition. He explained that there are three planning actions involved. with this project. They include a preliminary plat, Comprehensive Plan amendment to change the land use designation from low density residential and commercial to medium/high density residential, and rezoning of the entire property to Planned Unit Development. He explained that staff hosted two neighborhood meetings last summer to review the project and address neighborhood concerns. The Planning Commission held a public. hearing on the proposed project and unanimously recommended approval .Staff recommends approval. 07.15 Motion was made and seconded to approve the following for Meadowlark Wren First Addition: ? Resolution No. 07-32 approving a Comprehensive Plan amendment to change the land use designation of property from low density residential and commercial to medium/high density residential; ? Ordinance No. 818 rezoning property to Planned Unit Development; ? Preliminary plat/development stage PUD for Meadowlark Wren First Addition; and ? Findings of Fact in support of the rezoning.. CITY Of LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 9 Roll call was taken on the motion. Ayes, unanimous. Item 10-Heritage Commons 3rtl Addition Luigi Bernardi, Heritage Commons LLC, requested Council approval of Heritage Commons 3~d Addition. Bob Knudson, Senior Project Manager for Super Valu, stated the proposed development includes the construction of a 69,680 square foot Cub Foods store, with an additional 44,500 square feet of attached retail space, along with a 4,000 square foot freestanding building and motor fuel facility accessory to the Cub Foods store. He stated the two smaller tenants have. not yet been identified. David Olson, Community 8~ Economic Development Director, stated the developer is proposing to rezone the entire Heritage Commons development from C-3, General Commercial District, to Planned Unit Development. The PUD zoning enhances the City's ability to ensure that the remainder of Heritage Commons is developed in a consistent manner. The Cub fuel center is taking the place of a previous larger gas convenience store at the corner of Dodd Boulevard and CSAH 50 that was removed when the Bernardis purchased that property. No other motor fuel sales will be allowed in the Heritage Commons PUD. Mr. Olson pointed out that there will be underground infiltration chambers .constructed underneath the parking lot, which will allow for infiltration of rainfall on site and meet the requirements of the South Creek Watershed Management .Plan. This underground system is the first of its kind in Lakeville. Mr. Olson also pointed out that the property owners immediately to the north have. agreed to eliminate their existing driveway off of Dodd Boulevard and consolidate their driveway with the access to this site. Dan Licht of Northwest Associated Consultants provided a detailed overview. of the planning actions required for this development. They include an ordinance establishing a Planned Unit Development District; resolution approving the preliminary and final plat; development and final stage planned unit development; and a resolution vacating all drainage .and utility easements on Outlot A, Heritage Commons 2nd Addition. The CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 10 Planning .Commission held a public hearing and unanimously recommended approval subject to 20 stipulations. Staff recommends approval. Mr. Mielke asked about the timing and architecture of the two additional buildings. Mr. Bernardi stated they have financial incentives to construct those buildings before the end of the year, and they. plan to match the existing architecture. 07.16 Motion was made and seconded to receive the Planning Commission's Findings of Fact and Recommendation and approve the following for Heritage Commons 3rd Addition: ? Ordinance No. 8T9 establishing a Planned Unit Development District for Heritage Commons; ? Resolution No. 07-33 approving the preliminary and final plat of Heritage Commons 3rd Addition; ? Development stage and final stage Planned Unit Development Plans; ? Resolution No. 07-34 vacating all public drainage and utility . easements on Outlot A, Heritage Commons 2nd Addition. Roll call was taken on the motion. Ayes, unanimous. Item 11-Appointment to the Lakeville Area Arts Center Board Mr. Mielke stated the City Council has interviewed the final applicant for the Lakeville Area Arts Center Board. He also stated that the Council would be reviewing the resolution establishing a Lakeville Area Arts Center Board at a future date. 07.17 Motion was made and seconded to appoint Ann T. Huhn to the Lakeville Area Arts Center Board for a three year term expiring on December 31, 2009. Roll call was taken. on the motion. Ayes, unanimous. New business -None CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 20, 2007 Page 11 Announcements Mr. Mielke announced that a series of public meetings will be held in each of Lakeville's 12 planning districts to discuss the Comprehensive Land Use Plan. Update. Residents are encouraged to attend the neighborhood meeting for their planning district or any other district where they would like to provide input. Residents can also obtain information by visiting City Hall or by logging onto the City's website. Council Member Wulff announced her recent attendance at a Metro Cities Transportation Forum and a meeting of the Downtown Lakeville Business Association. Mayor Dahl stated she was appointed to the Executive Committee of the Regional Council of Mayors, and she attended the Recreation Department's Youth Ice Fishing Contest. Next regular Council meeting -March 5, 2007, 7:00 p.m. Mayor Dahl adjourned the meeting at 9:25 p.m. Respectfully submitted, Charlene Friedges, t Clerk 1 , Hol Dahl, a or