"[Music] welcome everyone to the April 1st city council meeting I call this meeting to order I invite everyone to to rise for a moment of silence and the Pledge of Allegiance United States of America and to the repic for it stands one nation indivisible liy and justice for all M lski roll call please Michelle wul here Joshua Lee here John vermal here danan Walter here all right thank you very much uh next we'll go into citizens comment um this is a time for anyone that's here that has uh an item that they want to bring to the council that's not related to one of our public hearings uh you have up to three minutes to speak up here at the podium is there anyone here or online that is interested in in coming to speak come on up please State your your name and address for the record I'm Cindy Graham and I live at 20480 Holy o Avenue thank you um I have concern about the rising number of panh handlers in Lakeville and just within the last month I mean it's very common to see them on 50 and 35W and the last time I saw two men with a small child in a stroller which I thought was pretty odd mhm um Lakeville West on 50 and Jubilee way there was a family uh Cub uh Cedar North and9 Souther 79th Street there was a young woman she was probably like the age 17 to 20 and she's standing right in the median as you would come out onto Cedar um Target 185th that was weird so you're coming on 85th going west and you take a right to go into Target and she was right on that median too just a young woman again and it's common out at Walmart also um as you enter into Walmart you'll see families sitting there and I was actually approached by one in the store um asking for me to pay for their groceries and I guess this happens a lot so but I'm I'm just noticing the bigger we're getting the more panhandlers we're seeing and I know that a lot of them aren't poor it's a scam type thing so I just have concern about that thank you very much Chief Paulson would you mind uh commenting on this uh I know that this is a concern that has been brought up before but would you mind uh talking a little bit about our approach to this and and what residents should do if they interact with or see this happening sure uh so there's a few different layers to this and and each situation is a little bit differently uh or different but um in general as long as the person is not impeding traffic um they are not violating law if they're on public property so U the center median uh generally we we would count that as impeding tra traffic uh if there's traffic moving both directions we would normally move someone off of that location private property you know businesses things like that that's a different story some businesses will call and ask that ask us to have that person removed from their property some of them allow them to to operate there as well um so it depends a little bit on the situation I I always tell people just air on the site of calling and we can check the situation out we can make contact we also have a um some tools to vet whether the person need some additional resources that we can link them up with if they if they're in need of of housing or or food or whatever it is um or or we may simply move them along if they're just looking to uh to gain some additional funds and they're in a spot that is not safe for them and for a motoring public to be so thank you and thank you for bringing up the concern it is something that I think most of us have noticed and uh uh want to make sure that the folks that do need help get help and that there are ways to to make sure those resources get there too is there anyone else with public comment that's not related to an item on the agenda thank you very much um Mr Miller any additional agenda items mayor and Council item J there's a revised agreement at your desk um same term same cost it's just a a change in the form of the agreement very good thank you very much any comments or I items that need to be removed I'm sorry I've jumped over something first we should probably go to our presentations and introductions first um we have Deb Anderson here today to talk about the National Day of Prayer and our Proclamation today and I have with me Diane Horton because I can't talk today thank you well welcome Diane I'm Diane Horton yeah good evening thanks for having us um uh May 2nd 2024 will be the 72nd observance of the National Day of Prayer there's a National Day of Prayer task force that has been organizing prayer events throughout the country according to the local records National Day of Prayer began to meet outside Lakeville City Hall in 1991 the first known time of recognition was in July 20th 1775 when the Continental Congress issued a proclamation recommending a day of public humiliation fasting and prayer to be observed our first president made a proclamation in 1795 when George Washington proclaimed a day of public Thanksgiving and prayer on April 17th 1952 Congress proclaimed a joint resolution for a National Day of Prayer in which the people of the United States may turn to God in prayer and meditation at churches in groups and as individuals Public Law 82- 324 President Harry S Truman proclaimed a National Day of Prayer to be observed on July 4th 1952 each year since that dat Americans have observed the day in their own way President Ronald Reagan on Thursday May 5th 1988 signed into public into Law Public Law 100-37 the designation of the first Thursday in May as the annual observance for the National Day of Prayer and has been proclaimed each year since then people are asked to turn to God in prayer and meditation the president is required by law to sign a proclamation each year encouraging all Americans to pray on this day whether in times of tragedy or celebration our nation has always been strengthened by the faith of our people this day stands as a critical reminder of how fortunate we are to live in a country where our constitution protects our free exercise of religion thank you for proclaiming May 2nd 2024 as a National Day of Prayer in the City of Lake thank you very much now I'll ask uh council member burmel to read the proclamation Proclamation for National Day of Prayer 2024 National Day of Prayer is an annual observance held on the 1 Thursday of May inviting people of all faiths to pray for the nation and whereas the National Day of Prayer task force a nonsectarian group with no political affiliation encourages citizens to pray for our leadership ship in America especially in the areas of government military media business education church and family therefore the city council of the city of Lakeville does hereby Proclaim Thursday May 2 2024 National Day of Prayer in Lakeville by Joshua Lee acting mayor proclaimed April 1 2024 you very much thank you Diane and de for being here thank you next we'll move to our public works department quarterly report Mr omy good evening acting mayor city council members uh this is the first quarter report for public works so I'd like to start off with some U staff updates so in January uh the Minnesota City engineering Association selected Zach Johnson our city engineer as the city engineer of the year um for 2024 this is a high honor for a city engineer to to receive so um other staff members from Lakeville were there to uh uh witness the uh the ceremony as well so we're really fortunate to have Zack Johnson as our our city engineer um other staff updates our street division uh Doug Aldrich our supervisor um decided after 30 years of uh service to the city is planning to retire in end of May so um we did go through our hiring process and found that Josh uh LEL is uh our candidate to replace Doug so uh Josh is moving up from a straight Street Maintenance 2 position to uh take on the superviser RO so um the street staff uh was honored to help out with the Burnsville Memorial so um in February so about 10 Street um employees helped out with traffic control along the the route in Burnsville and in all about there's 20 or there's about 90 uh Public Works staff members from across the metro area here in cities and counties that helped out with traffic control along the M route from enan Prairie to uh to Burnsville so moving on to some stre projects that are coming up so DOD Boulevard uh the Reconstruction the anticipated project from Cedar Avenue to Pyon abro is is actually going to start this week uh mainly on the East half east of um Flagstaff over to Pilon pil Ro so um the project is is well under way now the trees along the corridor have been removed necessary and and again construction is going to start here it's going to take all summer so it'll be nice when this Project's done we'll have urbanized uh roadway section there new storm sewer and then Trails on both sides of the road as well so forward to that project being completed so moving on to Street division uh as you know we had a very light uh snow event uh season this year so we had about 21 call outs this year only about 17 Ines of snow recorded so very a lot uh lower than average even so it's got to go back about eight years to to a season that's as low as it was um this past uh winter but saving a lot of money so on over time and uh s usage and everything else and then uh we're in high gear for spring activities in our street division so um really uh starting our street sweeping um program for the community are going through all the streets this um this spring and it's going to take several weeks to complete that operation we are completed with our tree trimming along the boulevards um for the year and we're on patch Poole patching is is ongoing as well right now as even so utility staff uh it was busy inspec and cleaning a few of our water towers specifically four of them um about four to 5 years we take the water towers down for internal cleaning and inspection just making sure that maintenance is properly performed on a regular basis and look for any defects and necessary put Capital Improvement projects together based on some of these inspections then we're also rehabbing three of our our our wells um we we pull Wells um every eight to 10 years depending on the well type uh just to make sure that the pump some mots are working properly so we decrease the potential for uh for breakdowns on during high peak demand season and then well 23 that's project the new well is going to is starting this week um and going to be drilled off 190th Street and just east of do Boulevard so that's going to be an all summer project take place there and then what in your packet this evening is uh consideration for applying for a water conservation Grant uh through the mech Council this um annually we we do get Grant dollars from me Council efficiency in the past as you may recall we've worked with HOAs on on irrigation Audits and irrigation monitoring um and this year we're going to change it up a little bit and hopefully if we get the grant dollars we'll use that money for residential rebates for um irrigation um high efficiency or smart irrigation meters uh irrigation heads um Replacements and then also water to toilet Replacements as well then moving on to Environmental Services uh 2023 was a big year for Environmental Services we completed a lot of projects in an all we uh um the city received over $1.3 million with a grant funds uh for several projects throughout the community uh namely um Foxboro Pond replacement uh we did did a fish barrier at East Lake um some um environmental stewardship projects over at Ritter farm and then the realignment and U improvements to uh North Creek as well can I ask where this QR code goes to uh that goes to um I think some of our projects U that just kind of highlight some of the projects and then uh since we had a a mild winter we had a staff that worked in East Lake area and rear prairie area removing like Buckthorn and uh vas of vegetation uh from these parks and these natural areas and in the spring we're going to be hiring um contractors to re replant some of those area for Native grasses and things like that um and uh we saved a lot of money by doing uh the removals in house I'm moving on the forestry division uh as you know uh em asbo is is uh throughout the community now so we're we're struggling to deal with that uh we removed over the winter months 105 trees asash trees from our boulevards it's about 7% of our stock within the community um and those trees will remove the stumps and uh rubbing will take place in this spring in uh the uh we're anticipating to treat um ash trees again um this this summer about 860 of them which is a little down from years past in 2022 when they were last treated those trees so every two years we we treat r Treat the ash trees that we think are are in good quality and uh think they they should be safe and then uh fory staff is working um with private property owners on EAB as well too so we've contacted over 200 um um Property Owners with uh EAB infested trees and working with them to take those trees down for our shade tree ordinance and we did send out over 500 U postcards to property owners that we have identified EAB on their private ash trees as well that they might consider taking them down or injecting them or trying to save them so and just want to let you know that we do still have the uh Rainbow Tree Care partnership where residents can um work with them on all receive some bold discounts for for treating um ash trees on their property um in addition to uh tree removals now we're planting some bunch of trees so in um this spring we're uh planting are about 130 trees throughout the community on boulevards and in in eight different Parks um Arbor Day sales um umed our annual tree sale that was a very successful program again this year that all their trees sold out in about three weeks and they can pick those trees up at our Central maintenance facility uh during um April 20th our um Earth Day event and then um Arbor Day tree planting event this is our annual tree planting event for the community that's going to take place on May 1st at indan uh independent spark for planting some trees and Forestry uh was again wed a Amore um member uh for 2024 and 2025 this is an individual that'll help us out with Community engagement type projects and um notifications in in mailers and those those type of things so we're really excited to have that that member um come back again and then as I indicated um before Earth is our next U environmental activity that's coming up so that's on April 20th from 11 to to 1 and um this year Dakota Valley Recycling is going to be um offering a a swap your garden tool exchange so bring your damaged or not used uh garden tools and they'll exchange them for for some new tools and then uh moving on so there is a free Landscaping in water uh cleanup or water quality um event at Ritter Farm uh going to be held on April 29th and this is discuss if you want to put like a rain Garden or natural um vegetation in your in your property instead of mow areas so and they are getting there is a grant um application if uh that would be offered over $250 for Lakeville residents uh to participate in this event as well so and then there is a a a papers writing event on May 4th at Central maintenance as well from 9: to 9 to noon and with that that's my qu report for public works and I stand for any questions you may have counil yes just that the water efficiency grant we're in a very early process of applying for that but if we were to get it uh what would that look like especially for our citizens so and if the schedule holds uh we potentially would receive the money in um June July time frames so then we first advertise it so we'll get on the website social media blast and those type of things and so the the process would be that the resident whatever type of equipment that they want to upgrade to uh either a toilet or or um uh irrigation um high efficiency um meter or uh irrigation head uh they would purchase that that that equipment on and on our website there will be a list of approved equipment that they can uh um they can uh purchase so it either be at Home Depot or Amazon or some of these other places but it has to be specifically approved by the mech Council um and then they would purchase that that equipment then hand us hand the city the receipt and we would reimburse them for our our our cost thank you so yeah and again it'll be June jul uh or July a August before the program potentially would start if we get the funds okay other questions um in terms of dollars you you talked about the reduction in salt and overtime do you have an estimate of what that looks like in terms of how few how much less we've spent in that area due to the lack of snow so uh if I I don't have the slide back up but we used about uh uh a quarter of the or a quarter of the salt we typically use over a snow or um a winter season so that's a huge cost savings for for salt and I don't I haven't crunched the numbers yet in overtime yet but that's going to be looked it you know for next year's budget as well too and try to offset maybe some some cost for next year especially the sell because we're not going to have to purchase as much sure because the salt is already purchased for this year obviously so it's just a matter of not purchasing as much we purchased the salt from State contract and uh we're obligated to to buy so much Sal every year but next year since we're we're going to have a lot more in the bin so we won't have to buy some gotta great thank you very much all right very good thank you thank you all right on to the consent agenda which are typically routine uh business items for the city are there any items that the council wishes to remove or discuss further great can I have a motion to approve the consent agenda so moved second Motion in the second any further discussion all right all in favor say I I all opposed it passes thank you we'll move on to our three action items for tonight uh starting with the public hearing application for Phoenix Cove Events Center U do we have a staff report on this um yeah I can just quickly explain explain um the Phoenix um applicant Christina Quan is not available this evening she's out of the country but they are applying for a beer and wine license they currently have a consumption in display and they want to start offering um different types of uh delightful dining experience for participants between the hours of 9 and 3 and they want to be able to serve beer and wine with th with that experience so that's the reason for their change um they have been they've gone through their background check and all their application stuff and it is ready for approval so very good thank you very much all right uh so this is a public hearing so I will open this up to the public in case anyone has comment very good is there a motion to close the public hearing I'll move to close the public hearing you have a motion is there a second second motion is second all in favor say I I I any opposed not seeing any the public hearing is closed uh is there any other conversation or do I have a motion what I uh mooved to Grant an on sale wine and on sale 3.2% Malt Liquor License for Phoenix Hall Event Center located at 20732 Holt Avenue thank you there's a motion is there a second second motion is second can we have a roll call please Fulk hi hi vermal I Walter I motion passes always excited to see what the Phoenix Hall Event Center has in store they're always doing really interesting things so uh good luck to Christina Quan and and all that are uh a part of that we'll move on to uh item 7B which is a public hearing uh regarding a contract for the 2024 Street reconstruction acting mayor again and council members so uh the uh so um this is our annual uh uh Street Improvement project that um the city considers every year um our our streets are um um annually we we need to make sure our streets are in um are making improvements on on an annual basis just so we're not falling behind and and making sure our our street system is in in U in in good condition so for this year um it's a little bit smaller project than we have seen in the past um for this year we're looking at about 2.7 miles worth of street that we going to be considered for for reconning and then another 2.7 of streets for rehabbing and um we actually this is the first year we're trying to combine those two projects together for economics scale as well so but we'll focus tonight on just the Recon areas so um there's are several different neighborhoods that we would like to consider for for improvements this year um two of the streets are up in the uh Jaguar area Jaguar path Jaguar Court um off of uh Kenwood Avenue in 185th Street so that's one neighborhood um C Court um off at Kensington Boulevard uh just north south of 205th Street uh culdesac there is in need of of replacement for the streets um Italy Avenue and 10 101st Street uh 205th Street and that's uh kind of a denend street uh just uh north of the downtown um in off of Holio and then um 172nd Street 173rd Street in Ipswich area so just a little background on this project um U the project was um is currently in the CIP um the public engagement process started back in about August 1st we did have a neighborhood meeting to kind of gather information from the property owners on on the project and look for things to include in the feasibility study in terms of like drainage issues or sewer water issues those type of things um so we we completed that uh neighborhood meeting we went on to have another neighborhood meeting on November 9th um and then uh finished up their feasibility study after that and had the public hearing back in November as you recall um during the winter months we did put our plans and specs together and then on February 20th we had did have a bid opening um for this project and we did receive U three bids and then last week we did have another neighborhood meeting on on March 27th so just real quickly uh kind of the scope of the project and mainly involves um Street improvements but there are some utilities that we'd like to improve as as well so um streets we're looking at reclaiming or Milling up the the asphalt um using that granular material that's created from the asphalt as the new base um replacing some of those the soft areas that were we know are out there that we're going to um dig out and replace with some of that reclaim material um there are there's kbon gutter that is need replacing either settled or cracked or or um has moved that uh doesn't um drain very well anymore so we want to replace that as long as we're out here um and then we're looking at uh urbanizing all of Italy Avenue which involves just putting curban gutter on that street there is some drainage issues there it's a very flat Road and we think that adding the the curban gutter will help that situation and then also enhance enhancing some storm sewer um improvements a uh in some of these areas as well um adding additional catch basins or um drain it inlets or Outlets um and then re re reconstructing some of the the storm sewer basins as well for water and utility uh improvements so we um in a lot of these neighborhoods we would like to replace the gate vales and some um or some of the bolts that are out in this area the bolts um in the Vintage of this of these areas for the pipes and the hydrants are such that the bolts are are to the age where they they're going to start failing on us so we want to be proactive and replace those those bullets and some of those hydrant um at this time and then also including uh infiltration barriers on our storm or sanitary system uh just so that we're not getting clear water into our um sanitary um sanitary system so we did like I said we did have a a bid opening in February and um here's what the bid results are re are compared to the feasibility we a little bit higher but we did have to add on um I'll show you later a lot of some more storm sewer improvements um which were I'm not anticipating in the fusibility when we got in the final design so here's kind of the breakdown of the cost um as as compared to the feasibility study so property taxes that's the city share of the the project um the 60% of the the project um cost and those are typically bonded for then special assessments for our assessment policy um and then water improvements and sanitary sewer and storm sewer is um would be paid out of our Enterprise funds for those improvements um and then environmental service uh resource funds that's help with water quality uh throughout some of the the project areas as well we're adding some Trails as well segments as well to the to the project areas especially on like I think 100 or 2001 Street and then based upon our assessment um policy uh we did go through and uh go through the uh the assessment um calculations and here's um the assessments um calculated based upon um the assessment policy and compared to other feasibility studies so we're pretty close in some areas most areas and then just re just to review the assessment policy this is based on the missile statute 429 so again our street reconstruction um um projects are typically or our assessed based on our assessment policy of assessing 40% of the benefiting Street improvements and storm sewer um improvements back to the to the property owners the water main sanitary sewer storm sewer water quality Pond improvements those are not assessed and those are paid through the Enterprise funds and then for the assessment um assessments again um town home are assessed a half of a single family unit and then on this project I don't think there's any commercial units that would be proposed for assessments and just so we're uh just um part of the assessment um policy is you know the assess the we assess per unit not on on front footage or some other calculations um that uh maybe some other communities are would assess for so if the driveway comes off or is is off a street that is proposed for improvement that unit would would would be considered to be included in the assessment role and then um again um urbanizing a street such as Italy Avenue or adding new curban gutter that's not already there um that's 100% benefit for the property owner so we proposed to assess 100% of those costs to the to the property owners so the uh just to uh review the assessment as if they were go to go forward um the assessments again uh would be considered um at this public hearing for tonight uh property owners have several ways to pay uh for the assessments one is to pay the Assessments in full um by November 15th without any interest and there's some other options if you want to pay it off by the end of the year as well on Town Homes since there are lower assessment they those be assessed over a 5year period if the property owner does not want to pay the Assessments in full at this time and then for the residential units um those are assessed between a five and a 10 year um either a five or a 10 or 15E assessment based upon you the cost or the assessment amount and then there is a a assessment interest associated with that but that's basically the city's carrying cost and that's set by the finance department so we're it's a you know that's basically a pass through cost for for us and there um it is a senior discount disability person uh active duty deferral as well so that's part of the the assessment policy so um if any residents would like to uh apply for that just come see me and we can go start working through that process and again it's a senior discount they have to apply within 90 days after the public hearing there's some other stipulations associated with that too but so so um again so if the project were to go forward we'd like to hold a public hearing or assessment hearing tonight so you with the project um approve the contracts for the project um applications for deferrals as I indicated before for senior or um senior military deferrals that would be due in July 1st uh completion of the project we're anticipating this project um to be completed um in October but um 1 of November for sure weather permitting and then uh prepaid assessments uh again would be November 15th if the if the property owner wants to pay them off in full and then certific certification the assessments the assessment role that goes to the county would uh would be delivered in December by the city so at this point um if I would stand for any questions that the council may have but I'd request that a public or assessment hearing be opened and then consideration of the of the resolution for adoption of the assessment assessment role and then the contracts associated with the background as well thank you I I do have a question if we want to go back I want to say it's six or seven slides there's a a slide that compares the feasibility estimate versus the bid results and the costs there can you talk a little bit more and and actually based on property type um I think it might be the one after the there we go can you talk a little bit more about why the estimate and the bid results the difference is different based on the type and and why there would be you know item C is about 133% less versus item D is 10% more what goes into that those calculations and why those those costs are different they so and so these are our best estimates when we put the the cost together for our feasibility study and um so we pretty much average out the streets well how much we think the the streets is going to cost based upon the knowledge that we have on going into the feasibility study um and that's pretty much what the costs we use are from last year's um projects and kind of averaged out over last maybe three years as well so the bid results that we receive a contractor may look at each individual neighborhood a little bit different so our assessment practice or our SE policy is to to calculate the assessments per those neighborhoods so um you know a called the act the con contractor if there's just one call to sack there there might be the contractor may may consider um the cost to mobilize to that on Colac a little bit more and bring his equipment out there and um in work environment maybe a little bit more restrained so he thinks that that area may be taking a little more time to complete so the contractor kind of really dials in what he thinks those costs are going to be to complete each of those neighborhoods so that's why you're seeing the difference in the costs so just another another way to say what you're saying is that the the bid these uh areas are paying for the project in their neighborhood and the cost for that it's not an averaged out uh cost across the board for this upcoming Year's group of projects right yeah that's a great way of putting it very good great thank you any other questions from the council okay yes so the um the 100% for what new kban gutter is is constructed is that state law or is that our policy that's our policy okay that's part of our assessment part policy all right if we don't have any questions this is a public hearing so we will open this up to the public if anyone has uh anything to say regarding this item U similar to the public comment I'll ask that you keep your comments to under 3 minutes and when you come up up to the podium uh state your name and address sir name is Bradley Anderson I work I live on Italy Avenue and I'm a little concerned about uh the cost of this uh it seems like we're not really going to be getting a value for our money uh I've been assessed at $555 and uh I don't see how we're going to recoup that in the value of our homes it's uh it just doesn't seem like it's going to improve our property value at all um the the street is in need of repair but uh we pay taxes for that we shouldn't have a special assessment to put on top of that as far as the gutter system goes that might address a little bit of the surface water but uh we have other water issues that are going on there's Hydraulics involved I don't know if anybody's done an assessment on Hydraulics you know if they if they start packing a road in front of my house and and doing infrastructure you know below grade I'm worried that my uh basement is going to flood I've got drain water coming off a field and and from the other part of the U yard and uh that's not going to improve my property at all also I don't know how it's been surveyed I've heard that the surveys are all over the place I'm also concerned that that road is going to take a lot of my yard that's not going to improve my property value so I wonder how you've addressed any of these issues have you even looked at it thank you um and I'm sure some of these comments can be addressed uh for the good of the public here but some could be done oneon-one after the meeting too is there anything you particular to I guess some of the surveying and you know public benefit to the property might be some places to start yep so I mean we uh we we follow the state statute for making sure that the uh um 429 process is is followed and we can show benefit for for this for the street project now I mean in terms of of uh property evaluation that's kind of out of my control I'm not sure how that all would play in but um in terms of the the the project itself um we did have our consultant survey Italy Avenue uh 21st Street all every every neighborhood um and make sure that we know what the grades are and elevations are so uh we are not moving the street um and um the alignment of the street is going to stay the same on Italy Avenue in 2011 um the align the alignment's not going to change either and the width is not going to change so we're putting the street back right where where it is today you know construction there's going to be a lot of of U you know um construction equipment and materials that are sitting out there and it's going to be a little bit cumbersome for that smaller area but uh in terms of the um the street when it's put back together again it's going to be you know in the same spot it was today with the curban gutter as proposed in terms of um geotechnical um evaluations the city did take um soil samples borings corters out in each of the project areas too we know what the soil types are we designed our pavement sections based on that and then we also are putting in some drain tile and some of the lower areas um by the new catch Basin that we're putting in on on Italy Avenue to trap to try to capture a little bit more of that groundwater as the property owner indicated that the area is very flat there is a lot of high water table out there we acknowledge that it is a difficult area to to get drainage out of but we're trying to do our best to improve the situation comment he's coming up we do have somebody online as well okay thank you good evening my name is Sam Wilson I live at 2066 Italy Avenue I've lived there for 32 years as a homeowner and I rented it before I moved into it now I got to be honest with you you know I came here tonight because I was hoping that I could be convinced that this was a good idea for me and I'll be honest with you I'm not convinced I don't understand why all of a sudden we have to have the curbs down there that have been there for 32 years I mean I don't I don't see how or why it's an older neighborhood most people are senior citizens with the economy the way it is I feel like every time I get the water from my chin to the top of my neck and shoulders somebody comes up with a new way to take it away from me and that's kind of how I'm feeling when I saw this assessment in the mail so I mean uh I don't know how it's going to end but I just want to make sure I had my say to tell you I don't I I'm not convinced that Lake overflows every couple years you got Ducks swimming in a driveway across the street now we want to worry about curbs so I'm just not convinced I'm sorry I I hope that before I leave here I am but uh I'm not holding my breath thank you thank you Mr Omi I I assume that part of the curb is in conjunction with the gutter and and the water improvements with that right correct yeah I mean the the curb and the gutter is integral so it's the um it's we're trying it's a very flat Street um as property owners indicting and the water table is high and we acknowledge that it's you know the the lake level is right there so our again we're trying to do our best to to get the water off the street and off the properties and into uh the storm sewer system as best as we can um with limited you know options I guess so and we did have a neighborhood meeting again like I indicated back in in August of this year and you know we had talked about adding Kirby Gunter it seemed at that time um a lot of the property owners did uh seem like the uh you know curb adding the curbing Gutter and adding additional storm sewer systems out there to help improve them improve the project was a good idea to add into this project Mr Ry so does curb and gutter um you know water likes to take a path so you know if if you just have um your property and there's no curbing gutter then it's going to find a path on your property is the curban gutter going to um for these Property Owners attempt to keep the water off their property and not create other kinds of drain drainage issues that's that's the intent is to try to get the water off the property it doesn't pull on their on their lawn or on the street um and and try to get it into the cbon gutter Into the Storm sewer system as as most as efficiently as we can so basically what you're trying to do is Corral water like you would cows right yeah you know trying to try to main a facilitate a path at least res resistance as you indicated to try to get the water to to move as as as efficiently as we can thank you like to move on to the online uh comment um my name is Jennifer Buie I am a homeowner on Italy a as well um as far as I know I only know of one of my neighbors in that 11 house neighborhood that was for the curb and gutter system um I also um like my other neighbors who have pre previously spoken um I don't see the benefit in this curb and gutter system I honestly feel like um it was just a way for the city to match the improvements at antler's Park um it's a deadend culdesac neighborhood um I just I guess I just don't understand um who were the people that were in favor of this project um it also feels like it's a way to improve the walk for people along the trail system versus the people who live in the neighborhood um so I guess I'd like to understand how many people were in favor of this um before I I turn that question over can you repeat your name and and address the sound was a little uh scratchy at the beginning sure my name is Jennifer Buie um the address that I own is uh 268 in Le Avenue thank you very much uh so the question that I believe I heard is just other comments that were taking place at the the neighborhood meeting it's it sounded like a majority uh I don't know that there's a count of how many people were in favor of it but yeah and Bas just on anecdotal um our discussions with the property owners at that time it seemed like the the property owners were in favor of adding the cbon gutter um to the project so I mean I the the cost to add the carbon gutter um the assessment will go down about $900 if you take the curbing gutter off so just kind of give you context of how much that cost is to the neighborhood MH thank you for the added uh cost analysis too I think that's helpful yes good evening uh my name is Michael mosic I'm living at 2064 Italy Avenue um I Echo what Mr Wilson and Bradley had to say as well I just my concern is there's just not a return on the investment number one number two it's the long-term um show we're looking at that water has been doing what it's been doing for years and I think it's found a path of lease resistance but there may be ways to improve that to get it to the lake quicker um I'm not sure exactly what it is but I just don't feel extending that curb and gutter to the dead end is really going to facilitate that any different than what it is already doing um I guess the other thing I would be concerned with is if the road is raised um that curb will restrict water from leaving those yards on the high side which in turn that water can't flow if there's a curb there um and to Brad's point when you're packing that soil down um you're you're causing a restriction a restriction flow of water a natural process where it can leave the higher ground to find his path of least resistance like Michelle bulk had brought up so um the road was actually when I moved in three years ago not in great shape but it was it was okay um but since at antlers Park reconstruction we've had a lot of big vehicles trailers tractors excavators up and down that road and that road doesn't look like it did three years ago like it's it's it's really beat up I I would be for resurfacing the road like it was and um that would be it that would be my vote if I could have a vote on it I never I don't know where the votes came from that said they were in favor of kbon gutter but I live by almost everybody that's here and I don't think any of us were on that page so uh but anyway that's my that's my opinion on it and I just wanted to make sure I Was Heard as well thank you thank you yeah yes please Cindy Graham 20480 holy o so um you know as I'm listening to everybody and I'm realizing that we're the only ones on a oneway street okay and we're paying quite a bit and my concern is is that it still isn't used as a oneway they'll get people coming up the wrong way and um so our street is going to be used more in a sense because it's not a two-way street it's just a getting extra traffic when we shouldn't okay and there was one time last summer there was a cop sitting out on Holio and some Somebody went down the wrong way turned out right in front of him and he didn't go get him and I went out there and talked to him I said why didn't you go and get that person and he he just didn't really have an excuse but um I go out and stop people to the best of my ability but that road is really bad and if it's going to get double usage because now when it gets done people are going to think well this is great let's use it again or use it more and um it's just going to put more wear and tear on that one-way Street and it's dangerous too I've had two people come flying off a Holy Oak into my yard and a lot of people use that street as a walking path with their kids and I try to warn them be careful because people aren't looking when they're coming off a holy o and um I just hope I don't see something bad happen there someday but it's the more people we get in Lakeville and there's a lot of families with little kids and they just use that street like a walking path and they're not paying attention so but it's a lot of money to um for just a one-way street so that's all I have thank you yes good evening I'm Heather Anderson I live at 2048 Italy Avenue part of the club I'm going to approach this at a slightly different angle I'm opposed to the assessment in general and I think my big opposal to this is city streets are City business I pay my property taxes you maintain my road I would also submit that the road is in disrepair and it's much to the credit of the city of Lakeville uh dereliction of Duty in keeping the road maintained plain and simple we wouldn't be where we are today had this road been maintained properly now it's gotten to the point where it's so disintegrated that you can now assess homeowners to do the fixing for when it comes to the gutters and the curb I'd also like to point out that that's 100% City homeowner assessed that is not a law that is your policy I would like to promote that that that's a beautification in terms of where this is at since we are right next to antler Park and our road goes straight into a trail and walkway that this is more of a beautification project and that this is actually benefiting the city of Lakeville and not the homeowners directly and yet we are 100% responsible for that part of the assessment be it $900 or not it's still not a homeowner benefit and you need to prove to me that this is going to benefit my home my property to the tune of $5500 at 3% interest and I would like to submit that the assessment in general doesn't benefit the homeowner whatsoever at five grand I'm not going to get that return on my investment the city streets is the city problem and we wouldn't be in this situation had the street been maintained properly to begin with thank you is there anyone else I'm kandle Boon I live at 2072 Italy Avenue I've been there with my wife Dr K laoon since uh April 1986 so we've been there 38 years I I want to thank the city for being very transparent about this process I think you've been doing your a good job of keeping us informed even though we don't necessarily all understand all the variables that involved uh the 100% accessibility of the uh to the property owners for kban gutter that surprises me since it is not a state law or you know it's a policy so I think there's some I would think there's some wiggle room in there I I I I sympathize with the Anderson in their comments there um my wife and I have seen this piece of it this our little piece of Italy Avenue underwater four times since we first saw the place in 19 the winter I think it was after the winter of 8384 and the last time I saw it my neighbors two daughters were out on the street in an inflatable canoe paddling around and what briefly we renamed Venice Avenue so I I guess what I haven't heard is how there's going to be any kind of a grade Improvement that's going to cause the new Street surface to shed the water uh I have seen where the ring Eisen The Smiths folks sandbagged with the help of the city and ran pumps for days to get to get the water off of their property this was partly due to the fact the outlet of the lake back in the early 80s was still blocked up to the South but we still have a situation where there are probably six or seven main stormw water sewage surface water grains going into the lake there's only one outlet that that to me is a management problem of significance and I don't hear anything in here about how that's going to be managed in the future I I I expect curban gutter or no carbon gutter that we're going to see this piece of Italy Avenue underwater again and again unless unless that's been addressed in the planning I haven't I haven't seen that and again I confess I'm I'm somewhat ignorant of some of the details so but I would certainly like to know before we you go ahead with a approving this assessment in the project if that has been taken into your plans how do we keep the keep the the street from flooding again and again and again you know I think there is really there's one advocate for this whole project he lives on what was the fals pr property uh between ringis and a Smith he's very vehemently in favor of making the street look as good as any other in Lakeville and I've heard that and I've had conversations with him and he is basically indifferent to the issues about whether this will adversely impact the uh people who the retirees like the ring eens the uh the Smiths the labons the Wilsons you know that doesn't seem to be a factor in his thinking so I'm not sure sure that enough of us were really present at the earliest meetings to bring this forward and I I'm not aware of any real formal vote that was taken among the neighborhood to uh approve or disapprove or register they themselves in favor not in favor so there's some things I haven't heard yet that I would sure like to hear more about but especially how you going to keep this from happening again what what good will curb and gutter and repaving do if the Street's going to be Venice Avenue again that's all thank you for your your time thank you yes sir I live on Jagger path in right be in the Wildwood Oaks area my house is right behind that 18482 Jagger path and I've got a pond behind me there and on the roadside of I think there's some uh Wildlife stuff there and I asked Zach I think it was about two years ago or three I asked them about you know cleaning up the where the water comes down and drains in the pond and going out there's a lot of trees and stuff he says well don't worry about it when we redo the the the whole thing there we're going to do something different there but I can't find any answer to what they're going to do I have no idea with the pond or what they're going to do with it I don't know if they're going to build on it or what and I can't find any answers from anybody can I ask you to clarify your concern with that property is is it is the concern that there is will be development on there or that that no I've got ducks and that animals out there and it's nice looking sure and that if they fill it in or do something with it they building behind me I ain't going to be happy got you right and our streets never been tired I've been there since 2006 and they never tired it yet curves and everything are that's never been tired I think once they put toilet paper on it and a little Tire on top of it but that's been about it what that they're going to do in that area uh we can ask staff if they have an answer to that um and we can probably we can find that I don't know if that have it handy but maybe stay after Paul can talk to you about exactly what the plans are there yeah thank you is there anyone else online I believe that's everyone in the chambers um so because of that um we I am sure Council will have additional questions and followup based on those uh uh questions from the public but should we close the public hearing is there a motion I move to close the public hearing is there is there a second second there's a motion in a second all in favor say I I I anyone opposed all right the public hearing is closed um Council based on public comment is there any question you would like to address I don't remember our policy being that was 100% the homeowners for kban gutter when we make the suggestion so um I'm a little concerned about that but um I guess the other thing is is that I've lived in Lakeville a long time um I want to say close to 40 years at my house and I've only had one time in those 40 years that it was a complete um Street reconstruction and um the way I understood it as a citizen is that um I don't let's see how do I want to put this I don't pay taxes on my property taxes to do a full reconstruction on everybody else's streets in Lakeville I'm only going to be paying for when it happens to be my house but I am paying um taxes as a citizen to have um you know like when they go out and do um what you might what you called tissue paper or a little taring Etc um I've never had to I pay that in my property taxes as a citizen but I don't have a separate bill because they came down my street to do that to um keep it up for so many more years so I think that's kind of the difference of living in this community is that um some other communities you're automatically paying those property taxes for everybody's streets whether yours is getting done or not um and I guess that's one way to share the burden but in my thought process I kind of like it better knowing that I'm only paying for what's being done at my home inead um and as far as the curbing gutter um the cost of the street reconstruction the way I remember it at that that time was I didn't pay for the like the certain curb that was removed because it was not um because it was wear and tear it you know it needed to be replaced as they were coming through but it already existed so then I had to you know it was formulated into the figure that that got replaced for me so I I I like having kbon gutter in my neighborhood it does help you know on my property but um I guess you know we'll have to determine um you know that is a council on that policy for that street questions comments Mr Ry one of the themes that I heard was whether or how I'm interpreting it it is that there's not confidence that this project will alleviate the drainage issues and so one of my questions for you is is is curb required to do the gutter improvements that are needed for this drainage Improvement and and is there are there ways to do that without new curb um we um it's a good question um and it's I acknowledge and staff acknowledges our Consulting acknowledges there's no way we're going to be able to address all the drainage issues in on Italy Avenue in 20ir Street what what's what is the issue is when the lake level comes up that's what governs the drainage in that whole area so if the the lake level comes up to a certain elevation there's nowhere for the water to go and it's going to back up so that we can't do anything with that we're we're talking about the the drainage on a day-to-day basis um you you know on a yearly year basis try to get that water off the PR's property off the street so it's not ponding so it's not soaking into the payment section um as it is right now and you know um deteriorating the the payment structure so we're trying to do our best just to um get the water um away from off the street and and off the off the properties as as best as we can yes yeah on the same line so this is this is a unique piece of road it's near the lake it's a low level um and it's a total redo so aside from the curban gutter is there any other engineering that's going to go into trying to mitigate the water well um so we have the overhead here but um so we are putting in high-capacity inlets and I don't know if we can show that here with the the overhead J or not but we're we're adding some um some beefier catch basins to along the street so uh the catch basins would look something like similar to this right now they're very substantial um undersized structures that are currently out there so we're looking at high-capacity inlets try to get the water off the street as best as we can and then the the outlet to the lake would look something something similar to that um and bigger pipes obviously but um a little bit um beef your head wall and and uh bigger um bigger access and better Flow Design to the lake so but to get the water to where you want it to get yep the first step is let's get it off of the street let's get it off yep would that be what the gutters and the curb exactly that's that's what the that's what the curb and gutters designed for is to try to get the water off the street as most efficiently as we can so the curb would be um placed with string lines and uh and a a curb machine so what that gets you is better tolerances for um for for grades that are out there this this Street's less than a half perc um grade from from the end of the road to the low Point um so we need all you know we need to make sure that the the grades are are such that they're they're flowing as best as we can and that's what the that's what the curb's designed for so if we don't put curb in there then we're left up to the the paving machine to basically determine where um the uh the grades of that of that road and it's there's there's no way that the paving machine can do as good of a job as putting in cbon Gutter and and getting that water to flow so that's that's the reason for us proposing the curban gutter if that makes sense so can I clarify So currently there's not that great in the street there's a little one uh I don't have a picture of it but there it's a much smaller uh structure that's out there and then what do they have for on the sides by their property instead of that you've got that square in the picture it's a big square but they must have some place that the um water goes yeah there there is Storm sewer currently out there uh that ends up at the low point of Italy Avenue to the lake but we're we're proposing to beef up that system and try to get the water um into that catch Basin as as efficient as we can with these bigger structures and when those higher uh storm events happen as well too um you know a 10 year or 50-year storm event these these structures would take that water um very efficiently and get it off the road as quickly as we can as long as the as long as the Lake's not backed up you know this this system would really help the the drainage of of Italy happening can you build that square Basin without curbing gutter next to it we can you so that can actually still be put in yep exactly yep okay so we we can build that is just getting the water from on the road um down to here as efficient as we can but isn't that the way that you would grate the road to make sure that water was going to flow downhill or to your Basin particularly that's the way you design a road right right and then the tolerances come into play you know trying to get those Towners to try to get as much grade out of the road as we can to the low Point that's where the curbing gutter really really helps out Mr Miller did you have yeah I was going Mr Omie would it be fair to say that the condition of Italy in particular is due to the fact that water cannot get off the road as easily as it can and if we simply were to just repave it and not do anything different the city's investment in this of 60% of the cost we'd have to be redo again so it wouldn't necessarily be a good investment on the city's part to just do a resurface and not try to address the drainage at the same time yeah we from a staff's perspective we would like to do all we can to get get the drainage addressed um with what's being proposed tonight because like um Mr Miller had indicated you know the best design is integrate the water off the street and all out out out of the the payment section um in out of the uh off the road as quickly as we can because that's going to lengthen the life of the road um tremendously water is is especially in Minnesota is is the cult prer a lot of prematured um issues with payment [Music] distresses um how often do we reconstruct roads with no carbon gutter in town um it all depends um you know a lot of there are some neighborhoods in um the community where we had to reconstruct uh roads without cbon gutter because there's really no place to put the water um because of of the drink situations out there um but you know typically a road that does not have curbing gutter um doesn't last as long as as one that would have C gutter um I appreciate the the concerns brought up today I I think it's fair to say that this is expensive it's an expensive project and I and I uh recognize the investment that you as residents have to make when these projects come to to light um it's also an investment for the city which you know all taxpayers in the city are are investing money into this as well I think it's I don't believe that there is a tie between the kban gutter and Esthetics for the the park I think those are very separate things and uh were not related um but we talked about this project a while back and and and I trust the assessment of Staff in terms of the need and how to address the the drainage issues um and so I hesitate to based on you know the engineering studies and surveys to to to not heed those uh heed the advice of our engineers and staff who have really looked at this this area um you know our Our Lake is lower than we'd like it to be um I don't know if we're ever going to get back to the the levels that we used to see um at Lake Maran um but big weather systems are going to come regardless of the the lake um level and I think that's what we're trying to manage are is the the water and those big rush rush rushes during storms and and whatnot so um I I'm in favor of continuing with the project as stated um again recognizing that this is expensive but we that's also why we have those uh systems in place to pay over time so that it's more manageable than than one time um trying to pay this all at one time um I haven't quite got a feeling or a sense from the rest of Council of if there are requests for changes or support uh on this so if we could I guess I have one more question and it might be from Mr Miller or M Mr Omi the the 100% to construct a curban gutter I'm just trying I'm new enough I'm trying to figure out what's the rationale for that the 100% um so that's been part of our policy for as long as I've been here that I can think of and I've been here N9 years um the rationale is that it's usually something that um benefits that property more than the city as a whole um and so there are cities that it's all over the gamut it's all over the gamut in terms of assessment practices too um and so um this is something that was has been talked about and addressed over the years and it's just it's more of a local preference and if the so if the curban gutter in front of my house is reconstructed that goes under the normal formula and not the 100% or is it yes that's correct it's just the initial interesting see and that's the part I'm having a little trouble with is because if the resident asks for it as we're coming through and doing a street reconstruction I've heard in years past when I went to my own public hearing as the citizen of the my neighborhood if you didn't have curb and gutter and you wanted it that you would have to pay for that I get that you know you didn't have it you want it you got to pay for it but and then I don't know what our requirements are I I assume we have every developer put it in when the new houses go in you know Etc but I'm just having a little hard time with 100% of something that didn't exist and yet we need it there but how does it become 100% their problem if we've determined that it's part of I would like to see a share in it if it's 6040 again we pick up 60 of it you know or something but I don't understand the philosophy when it's something new for a whole area and they didn't ask for it when it comes to this practice it's a practice right it's not a policy no it's it's not a policy in a policy so that's a policy change uh to change a curb assessment to 40 if we were what I'm hearing you say is to match our other Recon policy potentially of a 40% to the homeowner and 60% but it's no only if the homeowner requested it and it wasn't there and we weren't going to be putting it in and you want it you pay for it MH right you know I mean if that's but does that make sense and I think the policy is there to the problem is you can't just do one a curb in front of one house and according to our staff we did hear from people that are onean in curve in this area too and we did do a project where I think it was around orer Lake where they didn't put curb in there wasn't curb there and they didn't put it in right it is it's spot selective I mean it and it depends on how it benefits the road and like we talked about this one the drainage problems are can significantly impacting the condition of the road and we would be back in this situation again at the cost of the taxpayers if we don't try to do everything we can to try to get the drainage off of the road are we on the same page that the we feel that the curb and gutter should be installed I'm seeing two things right now I honestly I think it should be there I I understand that I'm not you know I'm kind of contradicting myself here but I get that they're coming up with trying to come up with solutions for this street and the water and I think the curbs and the gutter system that they're outling is going to help tremendously I mean it helps in my own neighborhood keep it off my property but um and I live on a little Lake too so I mean I'm I'm you know and I've lived there a long time and of course we all have weather events you know you're going to have standing water for a week or something but um anyway so that so that's separate than my issue with how it's paid for yeah yeah I I agree with the curbing gutter to me that seems like a necessary piece of of making this road best road that it can be um when when's the last time that we've done work on on this stretch Road don't have the maintenance records handy right now I'm sorry but um yeah I I think it was a seal quoted and the normal maintenance but once it gets to a point of you know where the payment condition drops to a certain level it really doesn't make any sense to do some of those minor maintenance techniques anymore because you're not going to get the the value yeah and we experienced that in my neighborhood a couple years ago living a culdesac we had the whole thing redone paid the assessment um but I I in terms of your question about the kban gutter I agree I think the curban gutter is a necessary part of the project I would agree just um being close to a lake the number of you know big rainfalls we have I think that's it's a best practice and that would occur my my concern again is the 100% but it's I don't know that we change policy in this one item but well and I think that's the separate issue I mean we as a council have had a tradition of not um doing oneoff changes uh and but that doesn't mean we haven't changed policy after some discussion and and further investigation of those policies um so it sounds like the project itself the council feels that it's merited as as uh laid out I guess the question is if we look at this after the fact can a potential uh policy change retroactively be applied if this project hasn't started yet and how does making this proposed motion to tonight impact potential costs in the future if we decide to change policy I think I'm on here um so I would not recommend deviating from your policy uh for this project separately unless you had already made the change to the policy um typically you do not do a retroactive policy uh and apply it um to a a prior situation uh that being said you could consider if you do change your policy I suppose you could consider an abatement of that amount from those taxes if you could come up if you're going to allow this you need to come up to the May microphone my name is Bradley Anderson again I live on leue uh I think we have the majority of the homeowners here tonight um I can only think of a couple that are missing so I don't know where you got your information before but it certainly wasn't from us because we are against it so uh I hope you can make a decision based on that and and I appreciate that standpoint I think the just and I'm I don't want to speak on the council on behalf of the council yet until this is voted on but from where I'm sitting part it's not about whether it's a majority of the the neighborhood who wants it or not I think part the majority of where I'm coming from is did the Merit of this proposal does it necessitate the curban gutter um because it's not an aesthetic change it's it's a a drainage change um and so that's where I'm coming from and so I I can again appreciate that yes in terms of numbers I agree with you as I'm counting up the houses on this block it sounds like the majority are against kerb and gutter um but from an engineering standpoint and from a drainage Improvement standpoint I think that's where the city is looking to ensure that that investment is well spent um and and not take out an element of it that's going to impact the street going forward yeah on that same line I we have a responsibility um to all the taxpayers and to the people that are directly affected uh you know if we don't do what we need to do to mitigate the drainage issues on the road which includes the GB curbing gutter we'll be back and'll be doing the same things um my understanding on that and I I this is just how I see it we probably coming back and doing that project again and there would be more assessments because of how it would affect uh the construction would affect the uh the roads all are the uh the properties there and those might happen when the residents that are currently there are still there or long gone um we just don't know the timing on that but I feel I I think when we make these decisions we gather data we have engineers and we try to mitigate things the best way that we possibly can and we have I I feel a great responsibility to do that um that doesn't mean I don't hear which you're saying like I say I I remember when I got assessed it isn't a fun a fun thing and what I hear from you is you're going we don't want this we don't have I mean I had curbing gutter in my area so it's just done but what I'm hearing is is we don't want this but I that isn't necessarily the question the question is what is our greater responsibility to make sure that we do something that's going to be the most uh most beneficial for the entire community and so that's where I'm sitting with it um so I'd like to keep that uh on the agenda for us to look at um the policy and know that that abatement is a an option for us in the future um but I believe we've heard what we need to approve the the uh motion that we have in front of us so is there a motion to approve this can I ask one one question first so one part of the motion is the resolution adopting the assessments correct I'm assuming we need to do all of this is it possible to revisit the policy and then revisit this or does that screw up the whole project does that make sense um just remember there's more than just this street in this assessment role oh good point good point and you need the mechanism for funding the approval that we are putting in front of us so that we're approving the mechanism to pay for what we're approving for knowing that we have another conversation that could you know lead to a change if we if we deem that necessary I appreciate you trying to kind of think around this creatively for somewhat of a solution you know and I know this um I don't want to sound um condescending I don't know what the right word is but um and I don't remember how many years ago my assessment was for our street project but it you know it's roughly about the same and even with inflation Etc so I mean I guess what I'm thinking when I saw your um assessment amounts um it didn't trigger any red flags in my head that you were being severely assessed for the project on your road so I know that for me you know it balanced with what I had already paid so you know for my house in my neighborhood so I um and I understand the theory of because I kind of had those same questions when it came through how does this really benefit my property but you know it was really explained to me that state law says that we can't come in and do something that isn't going to be a benefit you know I mean I guess maybe that's a little broader said but the state law says that basically we have to prove that what we did you know is of value and then um and our city wouldn't go through the process of setting themselves up for a lawsuit that if they couldn't prove that it does um actually um value my you know keep the value of my property and also help to um secure it in the future um so I I trust the you know City coming through to um evaluate the street the condition of it and the engineers have come up with their way of um trying to deal with future problems and um so you know obviously you know I'm going to have to vote for the project I was just hoping that we could have came to some sort of solution on the pricing on the curve and gutter but it is what it is at this point so I mean it'll be a great discussion for the future as you're asking for it to be brought up for another work session topic Etc and and we can debate it and a little bit more length then too yes I'd like to just uh make the motion uh move to approve one a resolution awarding contract to mcneer Contracting Incorporated for the 2024 Street reconstruction Rehabilitation project city project 24-02 and two a resolution adopting the assessments for City Improvement project 242 and three a resolution authorizing funding and 2024 for Budget amendments to fund the transfers and four approved proposals with WSB and Brun Intertech for Professional Services a motion is there a second second motion and a second roll call please vul hi Lee hi verl hi Walter no uh majority uh uh it means that it is approved um I genuinely appreciate you all coming in here today um I hope you don't leave here feeling that we haven't heard you and uh that it was all for not um I do think that there was some thought provocation provocation here that is that a word uh thought provoking um parts of what you were talking about that will facilitate future discussion um and and may lead to other changes uh to this policy so thank you for your time all right so we have another public hearing um so let's move into the public hearing and resolution for assessments of unpaid special charges thank you Mr Mayor members of the council um we are doing this public hearing process for the um adoption of the assessments for unpaid special charges the city minimizes its l es due to bankruptcy by assessing unpaid special charges to the taxes these charges could include costs for um incurred by the city for mowing grass removal of weeds property maintenance on nuisance properties false alarm charges unpaid utility bills and tree removal charges um in order to recover those unpaid special charges we must follow State Statute um in these proceedings and these procedures provide that we must adopt a resolution declaring the unpa paid special charges to be assessed and establishing the date for the assessment hearing which is what we're doing tonight here having this assessment hearing public notice was um a public notice of this hearing was mailed to the customers and also posted on the city website and published in the newspaper so um there's uh four different portions of this we have delinquent utility bills and through this spring certification um this process is actually affecting less than 1% of our Lakeville utility customers we have nuisance abatement and unpaid false alarm charges and then tree removal charges um which Paul uh director Omi talked about the EAB removals so we had our first certification of the tree removals of eabs on customers or on residents property in the fall this is our second time around um so and we'll see more in the fall again as as as residents try and get on top of those removals so the EAB trees that are on their properties um this we are following the Minnesota statute 44475 subdivision 3 and that's what's allowing us to do this um excuse me our city code section title 7 in chapter 5 is also references this ability um for delinquent accounts and gives us authorization to do this um unpaid utility charges and special assessments and real estate taxes are leans against the properties and the leans are then they're enforcable and are not are not impaired by the transfer of ownership so they stay with the property if the property sells um current and previous property owners have both been notified via letter of the delinquency and this whole certification process when we're looking at comparison data um this spring certification compared to last 2023 spring certification or liquent utilities um there was not roughly changed in the number of them there was 29 of them dollar amount is $8,300 so that's up roughly $2,800 from last year's um we are doubled up um the nuisance abatements we've actually doubled that almost from last year's we only had 10 and we have 19 this year um totaling roughly $5,600 uh false alarms were down there's only two false alarm charges on there and then the tree removals like I mentioned um we've got three U for those nuisance EAB tree removals so um the option for the payments that are received prior to the hearing if they were able to come in as well as within 30 days of following the hearing um when interest is not charged will be removed from the final certification list that goes to Dakota County um with that I'll ask if there's any questions before we open it up to the public hearing I believe there's any questions okay thank you this is uh another public hearing um and so same rules apply is there anyone in the audience that wishes to speak on this issue anyone online okay I'll make a motion to close the public hearing there a motion to close the public hearing is there a second second second council member Walter for a second uh all in favor say I I I all opposed all right the uh public hearing is closed is there any additional question or comment from Council hearing none is there a motion uh I move to approve resolution adopting assessments for the unpaid special charges second Motion in a second roll call please vulk hi Lee hi vermel hi Walter all right motion passes thank you thank you all right is there any unfinished business tonight and needs to be discussed hearing none any new business and our announcements for tonight are that the next regular city council meeting is April 15th 2024 at 6 p.m. the next work session is April 22nd 2024 at 6 p.m. um so next uh we are I'm going to need a motion to adjourn to close session as permitted by Minnesota statute 13d f.5 subdivision 3B to hold a confidential attorney client privilege discussion of legal rights and remedies potential settlement and strategy regarding the city of Lakeville versus Julie A Larson I'll make I'll move what you just said I don't have the I don't have the whole thing imprinted in front of me great so there's a motion second and a second all in favor say I I we are adjourned to close [Music] [Music] session [Music]"