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HomeMy WebLinkAbout11-19-07 CITY OF LAKEVLLLE COUNCIL MEETING NOVEMBER 19, 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: Mayor Dahl and Council Members Swecker, Rieb. and Wulff. Absent: Council Member Bellows. Also present: A. Poehler, Assistant City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks Recreation .Director;. T. Vonhof, Police Chief; D. Volk, Operations 8~ Maintenance Director; D. Morey, Planning Director; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. Mr. Mielke had no additional agenda information. Presentations/Introductions Chief Nelson presented the Lakeville Fire Department 3~d Quarter Report. Mr. Mielke announced. that Don Volk was recently selected as Public Works Director of the Year by the. Minnesota Public Works Association and congratulated Mr. Volk on behalf of the City Council .and staff. Mr. Volk presented the September/October monthly .report of the Operations'& Maintenance Department. Council member Bellows arrived at 7:20 p.m. , Representing Lakeville North High School (LNHS) DECA, Kylee Erickson, Kristin Frame and Thomas Roffers asked the City Council to proclaim the week of December 3-7 Entrepreneurship and Promotion Week in Lakeville. Ms. Frame and Mr. Roffers provided an overview of the events planned at LNHS for Entrepreneurship and Promotion Week. Council Member Rieb read the mayor's proclamation. • CtTY`OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 2007 PAGE 2 Citizens' Comments Brooks Lillehei, 1 1.146 Kenora Way,. asked the Council to .allow residents an opportunity to speak regarding the Kent 46 final plat. Doug Arneson, 11120 Kenora Way, asked the .Council to -consider developing a stricter ordinance regarding the location of establishments that sell and serve alcohol Janet Arneson, 1 1146 Kendra Way, stated she felt the developer of the Kent 46 project should not have .been allowed to do earthwork on Veterans Day, November 1 1. She asked the Council to consider posting signs in their neighborhood restricting all on-street parking to residents and. their guests. Terri Marshik, 16338 Kent Trail, expressed concerns regarding the sale of alcohol and parking associated with. the Kent 46 project. Consent Agenda 07.82 Motion was made and seconded to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the November 5, 2007 City Council meeting. 'c. Receive minutes of the November 13, 2007 .Telecommunications Commission meeting. d. Special assessment agreement vvith Randal 8~ Natalie Knippel, 9925 Iteri Court West, Improvement Project 04-~0. e. .Resolution No. 07-189 establishing rules and rental fees #or the use of City shelters and buildings. f. Resolution No. 07-19.0 establishing rules and rental fees for the .use of City athletic facilities. • g. Change Order No. 1 with- SBF Development Corporation for construction of East .Community. Park, Improvement Project 07-13. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 2007 PAGE 3 , h. Resolution No. 07-191 approving agreements and plans relating to IRS Code Section 125 and Health Reimbursement Arrangement.. Plans. i. Three-year extension of a special home occupation permit for Krista Clatterbuck to operate a personal training business at 16476 Jarrett ..Circle. j. Receive Lakeville Convention and Visitors Bureau financial:. statements for the year ending December 31, 2006. k. Resolution No. 07-192 authorizing the issuance and sale of General Obligation State-Aid Street Bonds, Series2007G. L. Final acceptance of street. improvements in Fieldstone Creek 1st and 2na Addifions. m. Final acceptance of street improvements in ChadwicK Farms 2na and 3ra Additions. n. Resolution No. 07-193 approving advance of state-aid funds for CSAH 7D/I-35 interchange, Improvement Project, 99-23. o. Acceptance of improvements and final- payment to Collins Electrical Construction Company for Cedar Avenue/179th Street traffic signal installation, Improvement Project 06-24. p. Agreement for puppeteering services with Schiffelly Puppets. Roll call was taken on the motion. Ayes, unanimous. Item 7 -Public Hearing on the Issuance of Street Reconstruction Bonds Mayor Dahl opened the public hearing on the issuance and sale of $2.81 million General Obligation Street Reconstruction Bonds, Series 2007H. The City Clerk attested to legal notice publication. Finance Director Dennis Feller explained that the 2007-2011 .Capital Improvement Plan provides for the issuance of street reconstruction bonds to finance the construction of Improvement Project 06-18, Ipava Avenue CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 2007 PAGE 4 from 175t" Street to 185t" Street. The bonds are repaid with property tax levies and are structured over a 20-year period. The first levy in 2007 for collection in 2p08 is for interest only at $139,160. The average annual levy in subsequent years is approximately $219,073. .The proposed bond issue and financing are consistent with the debt policies discussed at the- Council work session on June 11, 2007. Mr. Feller stated .that Minnesota Statutes require the City Council to conduct a .public hearing prior. to issuance of the bonds. A referendum is required if a petition is submitted within 30 days of the public hearing. The Statute also requires the adoption of a five-year street reconstruction plan. The City's 2007-2011 Capital Improvement Plan satisfies that requirement. There were no questions or comments. 07.83 Motion. was. made and seconded to close 'the public. hearing on the .issuance and sale of $2,810,000 General Obligation Street Reconstruction Bonds, Series 2007H. Roll call was taken on the motion. Ayes, unanimous. 07.84 Motion was made and seconded to approve Resolution No. 07-194 authorizing the issuance and sale of $2,810,000 General Obligation Street Reconstruction Bonds, Series 2007H. Roll call was taken on the motion. Ayes, unanimous. Item 8 -Public Assessment Hearing, Street Reconstruction Project 07-02 Mayor Dahl opened the public assessment hearing on Improvement Project 07-02, Dakota Heights, Oak .Hills, Oakridge Heights, Szabo's Addition and Ideal Way street reconstruction. The City Clerk attested that Jegal notices were duly published and mailed. City Engineer Keith Nelson provided an overview of the project. He explained that the feasibility report contained a $1,665,920.39 estimated project cost. The City received very favorable bids, which resulted in an .actual. project cost of $1,280,774.00. • CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 2007. PAGE 5 Finance Director Dennis Feller explained that under the City's street reconstruction policy,.-the City is responsible for 60% of the cost for street reconstruction, while 40% is assessed against the benefiting property. For. this project, a single .family home is assessed $1,255.66, and a condominium or townhome is assessed $627.83. There are .378 single family homes and 60 ownhomes being ,assessed for this project. The assessments are amortized over a 20 year period at 5.65% interest. No interest is charged if the assessment is paid within 30 days from adopt~an of the special assessments. Senior citizens may qualify for assessment deferments. There were no questions or comments. 07.85 Motion was made anal seconded to close fhe public hearing. on proposed assessments for Improvement Project. 07-02. Roll call was taken on the motion. Ayes, unanimous. 07.8.6 Motion was made .and seconded to approve: Resolution No. 07-.195 adopting assessment No. 1201 in the amount of $512,309.60 for Improvement Project 07-02, Dakota Heights,. Oak. Hills, Oakridge .Heights, Szabo's Addition and ideal Way street reconstruction. Roll call was taken. on the motion. Ayes, unanimous. Item.9 -Public hearing on Assessments for Weed and Grass Removal Mayor Dahl opened the public hearing on proposed assessments for weed and grass removal. The City Clerk attested that legal notices were duly published and mailed. Finance: Director. Dennis Feller presented the proposed assessments for removal of weeds and grass on six parcels of property, totaling $1,659..38. He explained- that the .assessment includes the cost of mowing, .legal notice .publication, administrative costs, Dakota County special assessment fees and interest. There were no .questions or comments. 07.87 Motion was made and seconded to close the public hearing on proposed assessments. for weed and grass removal CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 2007 PAGE 6 Roll call was taken on the motion. Ayes, unanimous. 07.88 Motion -was made and seconded to approve Resolution No. 07-196 adopting assessment No. 1218 in the amount of $1,659.38 for weed and grass removal on six parcels of,property. -Roll call was taken on the motion. Ayes, unanimous. item i 0 -Kent 46 Final Plat Planning Director Daryl Morey explained -that the City Council unanimously. approved, at its November 5t" meeting, the Kent 46 preliminary plat, right-of-way vacation, conditional use permits and interim use permit. The City Council tabled action on the final -plat and .directed staff to investigate an access option that would not extend Kent-.Trail to the commercial site from the Kenwood Oaks neighborhood. Following the November 5t" City. Council meeting,- the developer prepared a revised site plan with an internal private loop street running through .the commercial site connecting Kenyon Avenue and CSAH 46; but not connecting. to the existing Kent Trail street sfub in Kenwood Oaks. City staff presented the .revised .site plan to the Dakota County Plat Commission at .its November 13t" meeting. The Plat Commission was opposed to the revised site plan and recommended approval of the final plat based .upon the .site plan presented to them on October 1St, which contains the Kent Trail design recommended by the Planning Commission and considered by the City Council on NovemberSt". Mr. Morey presented four site access options .with respect to the Kent 46 final plat for-the Council's consideration: Option 1 -includes the internal private loop street revised site plan design with no connection to existing Kent Trail, as directed at the November 5t" City Council meeting. This .option will likely not be approved by. Dakota County. Option 2 -includes the Kent Trail extension with the restricted left. turn from the commercial development onto Kent Trail, as recommended by City staff and the Planning Commission and considered at the November 5t" City Council meeting. This option will likely be approved by Dakota Coun#y. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 2007 PAGE 7 Option 3 - includes a one-way northbound Kent. Trail extension. This option provides some interconnectivity to local streets while preventing southbound .trips into the Kenwood Oaks neighborhood. This option is subject to approval by Dakota County. Option 4 - .includes adead-end internal private. street design and no connection to County Road 46 or Kent Trail. This option provides only one way -into and out of the commercial development and is the least desirable. of the four options. Mr. Morey stated .City staff.. recommends. approval of the final plat, Option 2 design. He further stated that approval of either Options 2 or 3 should include approval of the resolution establishing "no parking" on either side of Kent Trail, as presented at the November 5t" City Council meeting. Staff also .recommends approval of the development contract and resolution conveying City-owned land for inclusion in the final plat of .Kent. 46. Council Member Swecker recommended adding -the -four additional federal holidays to the development contract, prohibiting grading, construction activity .and -the use of power equipment. on Martin Luther King Jr. Day, President's Day, Columbus Day and Veteran's Day. Mr. Brooks Lillehei asked several questions in reference to the November 15t" letter from the Dakota County Plat Commission regarding its position on the Kent Trail connection to County Road 46. Plat Commission member Brian K. Sorenson addressed the questions raised by Mr. Lillehei... He explained that the role of the Plat Commission is to review plats that are adjacent to County roads for technical issues and make recommendations to the County Board, who must ultimately approve fhe plat. He explained that the Plat Commission recommended approval of the Kent 46 final plat on October 1, assuming a connection of .existing Kent Trail to County Road 46 and assuming an access at County Road 46 and Kent Trail that would allow left-in and right-in/out movements. Mr. Sorenson explained the importance of interconnection of local streets for safety and efficiency of travel. He also explained that if County Road 5 is improved in the future, it is likely that left turns would not be allowed at 163~~ Street, but would need to take place at l 64t" Street. These access changes result in safety benefits, but if other access options -are not available, such as Kent Trail, they can also result in greater trip lengths and longer travel times. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 2007 PAGE 8 Mayor Dahl .asked what concerns the Plat Commission would have with the Option 3 design. Mr. Sorensen stated that while he cannot speak. for the. other members of the commission, he feels Option. 3 is a better design than Option 1, as it does provide some interconnectivity with the .local streets. Mr. Gene Happe, President of EFH Company, asked the City Council to approve the final plat with Option 3, as he feels it meets the desires of the residents while providing an access onto County -Road 46 from the commercial development. Mr. Mielke explained that Option 3 is .similar to Option 2, but has not yet been .presented to .the Plat Commission. Because Option 2 provides greater flexibility to the neighborhood, he reiterated staff's recommendation to approve. the final plat with Option 2. He also stated that while Option 4 would complete the project. and would not require County approval, since it does not include a connection to County Road 46, staff does not recommend this option, because it only provides one i point of entrance for the commercial :development. s Council Members Wulff and Rieb stated they.do not support .Option 4. They supported Option 3, since. it is more desirable to the residents. than Option 2. Mayor Dahl concurred. Council Member Bellows stated he feels the fundamental issue is compatibility between the proposedcommercial development and the existing residential neighborhood and. feels that Option 1 provides the most safety to the residents and. is the best option for the neighborhood and the city. Council Member Swecker stated she supports. Option 2, as recommended by the Planning Commission and staff. 07.89 Motion was made by Wulff, seconded by Rieb to approve Resolution No. 07-T 97 approving the final plat of Kent 46, with the. one-way northbound Kent Trail extension design (Option 3). Roll. call was taken on the motion. Ayes, Swecker, Rieb, Wulff. and Dahl Nay, Bellows. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 19, 2007 PAGE 9 i 07.90 Motion was made by Rieb, seconded by Swecker to approve Resolution No. 07-198 approving conveyance of City-owned land for inclusion in .the #inal plat of Kent 46. Roll call was taken on the motion. Ayes, Rieb, Wulff, Dahl and Swecker. Nay, Bellows._ -07.91 Motion was made by Rieb, seconded by Wulff to approve Resolution No. 07-199 designating a no parking zone on both sides of Kent Trail between County Road 46 and the south boundary of the Kent 46 plat.. ..Roll call was taken on the motion. Ayes, unanimous. With respect to the .request by the. residents to restrict parking in the Kenwood Oaks neighborhood to .residents and their guests, Mr. Mielke stated staff would need to research that matter to determine how such a parking restriction could be developed and enforced.. New business -none Announcements -Next regular Council meeting, December 3, 2007 Mayor Dahl-.adjourned the meeting at 9:08 p.m. Respectfully submitted, Chq~{ene Friedges, Cit Jerk r / Holly Dah , yor