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Lakeville City Council Meeting 8-5-24

Lakeville City CouncilFriday, May 9, 2025
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e [Music] flag of the United States of America the repic for it stands one nation God indivisible andice for all okay movi roll call please Joel vulk here Luke kellier here John burmel here Dan w here Joshua Lee here okay moving on to item number three citizens comments is an opportunity for citizens to address this Council about issues uh if you have a um issue you can come up and stay your name and address you have three minutes if you are here for an item that's on the agenda later we typically will have a public comment so you don't have to come up now okay sir uh my name is Dan griggsby I live at 8315 177th Street West Mr Mayor city council members and staff thank you for the opportunity to speak to you today as my visual aids uh clearly indicate I'm here to speak with you about uh businesses illegally advertising on the public right of way chapter 23 of the Lakeville city code says that the city finds quote exterior signs have a substantial impact on the character and quality of the environment and in establishing an ordinance to police them says that you intend to regulate the signs to quote maintain enhance and improve the aesthetic environment of the City by preventing V visual cluster that is harmful to the appearance of the community the code specifically prohibits placing signs in the public right away it states only those signs installed at the direction of the Minnesota Department of Transportation the Dakota Dakota County and the City of Lakeville shall be located within the public right away yet yesterday um I collected the 102 signs that you see here before you in less than an hour uh I did all of this within a couple of miles of my home entirely in Lakeville and entirely in uh city streets so I've collected illegally posted signs councilwoman thank you I've I've collected illegally posted signs uh since the spring done it 10 times each time I fill my trunk with 100 signs that's a thousand signs this year um and that's just a small part of Lakeville according to the the Lakeville comprehensive land use plan neighborhoods and parks and the places that people live excluding the rural areas make up about a third of Lakeville so the back of the envelope math says that at uh every at any moment thousands of signs clutter our intersections in our parks and they're illegal and the code provides for both enforcement and um penalties for violating it it says City reserves the right to require the removal at the owner's expense when the require ments of this chapter are not completely followed or adhered to and it stipulates that any person who violates disobeys omits neglects or refuses to comply with this chapter or resist the enforcement of any of the provisions of this chapter shall upon conviction thereof be fined or penalized not more than a maximum level established by state misdemeanors well I've contacted some of the worst offenders informing them that they're violating the law and asking them to stop posting them um most of them have continued to do so despite knowing that it's illegal Adam minimum excuse me uh I firmly but respectfully ask you to enforce the law um the responsibility of which lies with the zoning administrator at a minimum the city should identify those who are posting the signs notify them that they are in violation of the law provide a grace period um we don't have to be monsters about this um in order to let them uh remove them and I'd say a month would be reasonable and then issue penalties with enough teeth to discourage further violations the Minesota state statute that sets the maximum for a misdemeanor offense is $1,000 and that's in line with I'm seeing in other states uh so that is enough to provide uh teeth uh and then pursue those who don't pay so I wrote to the council earlier this year about this and only Dan responded and I thank you for that Council councilman Walter um given the proliferation of signs since I can only assume that this hasn't been taken up so so I hope you will begin and then continuously enforce uh the code because it's the right thing to do but if you don't with sadness and regret in accordance with chapter 586 of the Minnesota statutes I will file a RIT of mandamus asking for the courts to compel the city to do so 30s there's an established a wellestablished practice in Minnesota case law uh that requires cities to enforce their own zoning laws I don't want it to come to it um and it would be disruptive not only of the staff but also of the mayor and the council because all of you have responsibilities I'll close just by giving a few suggestions about how you might update the ordinance in their advice to municipalities the league of Minnesota cities differentiates between commercial and non-commercial speech updating the code to allow some leeway for non-commercial organizations like the scouts or the Knights of Columbus that enrich the community would be well considered additionally I think having a carve out for things like garage sales when citizens themselves are uh hosting uh these things they're good at picking them up and finally my last ask is Lawn Doctor for example who I contacted has placed more signs in uh in Lakefield than anyone else and yet they they marched in the ppra parades so my last request is that you deny entry to uh companies that uh uh violate this this ordinance uh so thank you and uh I'll clear my M thanks very much thanks appreciate you coming in and we will mayor yeah um I just wanted to make a comment for the audience that I wasn't trying to be rude I was ask asking the attorney a question whether it was legal for a citizen to be picking up signs in the community um so that is is it probably not okay so you're not enforcing and I and I get in trouble for doing so mayor I'm I'm not trying to argue with the yeah I just wanted to allow the citizens to know that I wasn't trying to be rude I was just trying to get clarification on an issue thank you any other citizen comments this evening evening Mr Ericson good evening I'm Bob Ericson 1 19081 indel drive that's within the Trevor on the greenway neighborhood which ad joins aava Avenue uh good evening mayor helier and council members and administrator Miller thanks for providing me this opportunity to share my interest in maintaining a quality design feature for aava Avenue I provided you a handout this evening which has the two photos the top photo represents the embossed color concrete median design feature um as a member of our uh HOA board I observed uh during the 2023 apava construction Improvement project uh this section uh median section had been removed and replaced maintaining the long-standing comedian design feature as a side note there are over miles of city and county roads within Lakeville um by the way that that would be 185 Kenrick aava DOD Boulevard High View Avenue and uh that feature is prominent in in all of those uh roads and streets more recently I observed the embossed color concrete median being removed and replaced with a standard concrete um and I've shared that photo with you and that's part of the 2024 apav Avenue Improvement project as a side note this design was established more than 20 years ago and has been used as recently as when thead Boulevard project uh was undertaken also included with this design element colored median um has Landscaping landscape plantings Boulevard trees uh just to name a few of the aesthetic features and traffic calming elements that go with this design The Institute of Transportation Engineers Federal Highway Administration and mot all recognize the value of these traffic calming features please consider maintaining maintaining these existing Lakeville infrastructure features as a side note again I've spoken with the assistant city engineer and Public Works um director Lakeville should be proud of the traffic cing elements it's one of the only communities in Dakota County that exhibits that and use that in their design features uh more recent traffic caling elements or features are our landscaped roundabouts which are just spectacular and serve a useful purpose in calming the traffic as they use those Transportation features also the school speed zones thanks for considering maintaining uh the median design feature that was brought to the community some 20 years ago Mr will'll follow up any other public comment okay uh moving on to item number four additional agenda information Mr Miller mayor and Council there's a revised item at your desk it's for for item 60 it's a a change order project on a down on County Road 70 the change there is just simply in the dates it's not anything other substantive than that okay um and then moving on to item 5A presentation and we'll have a presentation from Bridger Powers about the tast of Lakeville good evening and welcome good evening thank you for having me I am Bridget Powers the chair of the taste of this year and I'm just going to give you a quick summary of what we have planned for this year so far um as far as sponsorship goes we've raised over $443,000 in with um 28 sponsors we also have in-kind sponsors such as Helm electric uh Midwest fence people that just donate materials and labor for us and we have raised over $40,000 with that as well and you know the nice thing about everything we raise is it goes back into the community and into the International Community to help others food vendors so far we have four food trucks and another 32 food vendors that will be at the event we have a roving selfie photo booth that will be there this year we're also going to add some a couple bean bag toss just for something for the some of the people to do while they're there that's something new this year we are going to have the same band branded hot country they were very popular last year and I thought they did a good job you know pleasing everyone um we will again have the pulled Hab booth and we have received the temporary Gambling License for that we're going to be having Bucket drawings for this year we added a a Vikings ticket game so the December 19th Monday night Viking versus Bears we will be doing a bucket raffle for that we will also be raffling off a Trager Grill and then another package which will be alcohol and gift cards so we're just going to have three different bucket Raffles this year uh one thing we added on the request of people last year was as people are coming to the event we are asking them to bring a donation to 360 communities in the form of either food or personal hygiene items and then for everyone that brings a donation we will give them a ticket they can put in a separate bucket raffle and we will be giving them State Fair tickets um we are also new this year we're going to have inside the Lakeville Art Center 12 to 15 of the nonprofits that we support both internationally and locally and they'll have an opportunity just because a lot of people don't know what rotary does and what we support so we think this is a good way to give them some extra exposure that they'll be able to um answer questions for people or people can just see the types of things that we support in rotary the event is next Thursday August 15th from 5: to 9: so any questions how can people get tickets the tickets are good question tickets can be on the taste of lakeville.mn we also have them at um Lake View bank has actual hard copy tickets the Lakeville liquor stores have tickets and then some I believe Ace Hardware but I'm not sure um they were I believe a said they would do it but again if you're buying from a different business you have to pay cash so they can keep that separate from their own retail funds uh one thing to note that if you buy online there is a $6 service charge if you buy from one of the rotary members there is not so that's just a little incentive to to uh get to know your fellow rotary members very good other questions thank you we're looking forward to it thank you have a good week okay moving on to our next item our Public Works quarter report and I'll turn over to Mr Omi all right uh good evening mayor city council members uh this is the second quarter report for Public Works so start off with a couple County projects that we're currently partnering with and working on the dod Boulevard Street reconstruction project that's ongoing right now um we're making great progress there uh the first stage of the project um that section of road from Flagstaff Avenue to Pilot Knob Road that's anticipated to be open um end of August here now about the week of um August 23rd I think so that that section will be open to traffic here very soon uh the second stage um from Cedar Avenue to Flagstaff that's um our our last stage and that's going to be anticipated to be opened mid October so this is a a joint project again between the county and the and the city uh it's we're urbanizing the rural Section Road here putting cban Gutter and storm sewer on putting Trails on both sides of the road and eventually this this County Road is going to be turned over to the city for operations and maintenance in the future after the uh project is complete the uh second project the county road overlay project the annual project they have um this this year it's going to be on County Road 70 um from about uh kendrik uh to the the county um the West uh County uh limits uh this project includes replacing of some damage kerbing gutter um some storm sewer improvements and and then Mill and overlay of that that that Corridor that that County Road and that this project is anticipated to start um right around uh September 5th then moving on to some of our street projects that we have um currently under construction our collector Road Improvement project uh iava Avenue from 185th down to 192nd Street Indiana from iava to DOD Boulevard 175th Street um on the west side of um of ipave is under construction at this time so um ipave Avenue was just um reclaimed this uh Friday and Saturday we're getting ready for Paving on that section of roadway the Indiana uh westbound traffic is currently closed at this time but that we're anticipating to open that section of Road um and the end of the week here and we're anticipating we're working towards having all the roads open to traffic or through traffic um by the end of the month here then for a street reconstruction project this is about 4 and a half miles worth of streets we're currently working on for improvement this project is about 40% complete um this project is delayed a little bit because due to the weather there but we're making some good Pro good Pro um progress on the project uh we are anticipating the project to be complete in of September or early October for our surface seal project this year we're going to be surface uh sealing about 30 miles of streets this project is uh start will start this week it's about two weeks worth of work um and this again the uh surface seal is the pen penetrator it seals the roads and extends the life of of our roadway systems moving on to the street division we've been having a busy year this year um um one the major um operations was um helping out with panoprog with traffic control um maintenance and and operations during the during the festival uh we've been removing a lot of emerald ashbo trees from Parks and the RightWay uh within the community and lots of patching and sign Replacements this summer so far um the street Division and also the utility division did assist with um Waterville with their flood um mitigation efforts this year at end of June we sent down um a few folks to help out with with that operation uh this was a joint operation um between a lot of communities dakot not just in Dakota County but in the state as well um this operation was through the mutual Aid agreement that we have um through the state the mov on to utilities um uh this is a graph showing the Water Production that we have um so far this year we're down 30% from uh from this year versus last year this going to be attributed to you know the uh the wet year that we have couple projects from the utility division that we're working on repainting the central maintenance facility water tower off of 179 Street that project did start last year uh last week with um the uh containment system um putting that that up um this week we're going to be starting to remove the paint uh from the tower and uh and some interior uh work as well um and the the project is uh anticipated to be CLE uh first week in October the new well 23 which is being constructed on 190th Street uh is going um going pretty good we are finish wrapping up our drilling operations at this time after the drill um drilling operations we're going to be test pumping the well um and then after that this fall we're going to be getting going on the site work uh restoration and installing the pump um electrical panels and buildings and those type of things and getting it ready for operation so this will be this project will be substantially complete in the spring of 2025 the sewer lining project that is currently taking place in their downtown right now is wrapping up uh we did line a 30in and 42 in U large diameter sanitary sewer system that runs through our our our community this is a trunk main that that Services a large portion of our community we did uh Identify some infiltration and some deterioration of the pipe so we wanted to line that pre uh just to U eliminate some of that infiltration and uh potentially uh future failures of that pipe so this project will be complete um by the end of the week um the uh the city did receive a grant from the Metro col Council this year uh earlier this year for a water efficiency uh rebate program so we're using this money uh uh to um for for replacement of U of inefficient toilets irrigation controllers irrigation sprinkler systems that the residents have um that they would if they'd like to uh upgrade those those that that equipment um you can check out our website uh and check out the rebate program for more information then moving on to envir Environmental Services um one of the big bigger projects that we're working on this year was the East Lake invasive uh fish removal Pro program this is a partnership between Vermillion River Watershed uh Dakota colony and the city we did receive a grant um a little over $337,000 for this project we did put in a fish barrier at the aled of the lake to stop migrating um rough fish from entering the lake in this summer we u in Spring we removed um uh carp and other um rough fish from the lake and we're going to planning to do that in 2025 again this this project is again to reduce the phosphorus loadings in the lake improve the habitat for Native fishes and then also enhance the recreational U um abundance of of the lake and and the Watershed then moving on to forestry uh forestry has been very busy with the Emeral dashboard infestation uh we just re removed 91 uh stumps from our RightWay these trees were um taken down this year and in last winter um and we're still have a bunch more to to go here but uh we we did uh inject 836 trees this uh this year um uh for U Emeral ashbo to try to protect some of those trees that's down 18 six uh trees from what we've did in 2022 um and then we're going to again we're going to be doing a a survey this summer and looking at trees um for removal in the fall and winter for ML ashor um we are partnering with u our local residents uh to help them uh uh address their Emeral ashbo trees on their property uh to date through the ordinance we've removed 185 trees from private properties um the property owner has removed those trees we're just um helping facilitate that um and partnering with the property owners on that we're going to be doing another survey again in um this fall or August uh to identify additional trees and and work with property owners on removing those trees um Rainbow Tree Care does still provide um residents with a bulk rate discount for treating trees uh ash trees on their property that uh Property Owners would like to to treat and help protect from in the Emeral ashor so you can check our City website for that as well um a little update on the emerald ashbo grants that we received in 2022 we did receive almost $100,000 for Emerald ashor um tree removal and re re replanting uh that Grant has now been completed for working on Final paperwork with the DNR for that project um in 2023 earlier this year actually we were notified about 338 ,000 grant that we receive for um removal and replanting of Ash or replanting of trees in Parks um so we're working on that Grant right now we're going to be starting to remove some some uh trees this fall um in conjunction with that that program or that that Grant this is a three-year Grant so um be divided up about evenly uh uh one uh a third a third a third uh for the next three years so that grant money so be a lot of trees um that will be removed and replaced in our parks and then additionally um forestry has been working on a lot of construction projects making sure that the contractor is putting in trees correctly for the longevity of those trees uh removing trees that may have fallen in our out Lots or next to private property owners uh that may cause damage or uh safety issues or working on a bunch of those trees right now and then also uh lastly uh the fa facilities division uh we did receive a grant from Dakota County CDA for the upgrade of um service windows at the city hall here there was three service windows that we upgraded um this was 100% funded by the CDA uh the project was to address the Ada deficiencies at those windows and then also uh address some security concerns as well too so that project is uh substantially complete now so and with that that's my update if I have any questions I'll stand for you on two different topics of questions because your report always encompasses a lot of information um the first thought that just crossed my mind is when you were talking about um the County Road 70 and that's not going to start till September um do we notify the bus company on projects that are going to be um you know problematic for them for getting students Etc correct yeah that good question so yeah we do work with the county on any notifications that may impact the traveling public um especially the the bus systems um the bus companies and the school districts and let them know that the this Project's coming up and make sure that they're aware of of any impacts um that may take place because of the project now there I don't think there's going to be any detours with this project but we'll let them know that there's going to be U maybe some slowdowns and some issues getting through that quor in the future right um then the other thing is is that um going to the signs that um that are getting replaced in the city um my question to you is can we partner with Dakota County Dakota county is so huge that they probably don't even realize that some of their signs are fading out Etc is there a way for us to partner with them in that we can replace some of those signs for them in charge them or um or how do we notify them that some of their uh signs are sulated out so so every agency is supposed to uh complete a survey um I think it's every three years making sure that their signs are the Retro reflectivity is up to standards so M County have should have a policy on that I don't know exactly what their policy is but uh if there's any specific signs that you see that should be re um should be replaced that you think we can always let them know about about those signs but I'll I'll keep an eye on that as well too and um well I just didn't know what so what is our process at the in early spring to determine which signs are going to be um replaced over the summer yeah so so we do a survey um U break out our city about um what's a survey a survey was we we drive around and look at all the all the signs within our community and we we look at the how reflective those signs are we have a database uh through cograph that identifies how old every sign is within our community so based on that we have a uh an idea of how how old those signs are how how good the reflectivity is so um but we go around and and physically inspect those signs and if necessary we mark them down for replacement in the spring so um and again we we survey about a fourth of the city every year and I know that that keeps you busy to be able to you know to do that but I I think it would be helpful if you just even had a side tab that said we noticed these signs as we were doing our survey and notify the county okay y we'll keep that in mind thank you questions I said one question on the paving seal there it looked like around uh Crystal Lake you're going to do payment ceiling but they're also doing the lift station are we going to time that together uh yep we will definitely it's a good point yeah I'll make sure look at at that so yeah okay very good awesome thank you thank thank you all right moving on to the consent agenda um any items to highlight Mr Miller thank you mayor and Council a couple tonight item 6 e f and g are all temporary liquor licenses for different issue or different events that are going on across the city and then items H M and T are all related to the development of Grand Prairie Park and installation of different uh facilities that are going along with that okay very good any um item that anyone else in the council wants to yeah I just like to I don't want to pull up I want to highlight item I which was the uh Amendment to the uh rental registration ordinance I just want to say thanks to City's staff uh since we approve that ordinance you have a system in place we're getting registrations it's real easy to understand and then you c a uh an issue and and corrected that so I just want to uh say Kudos that's an important ordinance that will allow to uh work with our rental housing both multi- housing and Rental housing that occurs in single family neighborhoods so thank you very good is there a motion to approve the consent agenda I'll moved is there a second second any further discussion about the consent agenda see none all those in favor say I I post okay consent agenda passes we'll now move on to item seven Sundance Lakeville second edition and I don't Frank are you going to go for first the applicant okay good evening good evening Mr Mayor uh members of the council my name is Ryan Syler vice president of development with Timberland Partners uh probably no stranger at this point I've I've been here a few times um here in late fall 2023 for as part of the rezoning um and reiding of the property so uh after working with the city um and staff and working through the plan here tonight to request uh approval of the plinary plat and the conditional use permit for Sundance um I'll try to keep it brief I know um Mr Dempsey is going to give a longer staff report but I'll just try to go through the highlights here uh the site is 4.74 Acres uh 176 total units 167 um stacked flat town homes and nine single family rentals uh 5,000 foot Clubhouse fronting 162nd and then uh that'll contain our fitness center yoga studio Club room um we'll have on-site management and leasing outdoor pool dog park Pet Spa that rendering you're looking at is an actual rendering of uh what the project will look like so um consistent with City uh standards um requiring brick and Class A finishes this is an aerial the site looking from the um Southwest of the site across the site to the be the Northeast see the nine single family homes and the 3 acres on the northwest corner there um Clubhouse along County Road 46 and then the town homes um and then the 32t uh Private Road road with the public easement kind of cutting across from kale to Buck Hill Road and then Davis Medicals uh recently approved buildings there on the corner um not here really to weo over the use of the property or whether it's appropriate or not we dealt with that in November but just to kind of give you an idea of the quality of the development and some demographics um one two and three-bedroom town homes with rents ranging from um $1,800 on the one-bedrooms to 2700 on the three bedrooms and then the single family rentals from 2,900 to $3,900 100% market rate uh project um no uh subsidy involved and no request or ask from the city for anything this is uh actual photos from existing projects the one on the left is a project that's been completed in Omaha Nebraska the one on the right is is a clubhouse that we completed of a sandance project in Dallas sat and SE um nice finishes um well thought out and as I showed on the rendering the the project in Lakeville would actually have more brick um and more quality finishes on the exterior than the the Omaha project this is a existing deal here in the Woodburry um I just brought this up uh for a couple reasons I think probably the the private roadway with the public eement might um Drive have some questions tonight um what's proposed in Lakeville is 32 uh Foot Road this is Woodbury um I don't know if you can tell but in the back uh call it left corner of the photo there's a large uh senior multif family housing deal that actually connects to the to the road Network through um the Sundance project and then there's a town home Community to the you can't see it it's off screen to the right but actually connects through so this was purply purposely connected to the city street grid um in Woodbury and those uh neighborhoods have the ability to access through this this road that you're looking at uh is um 24 ft wide compared to 32 proposed in Lakeville this is a deal we recently finished in uh Omaha I put this up here for the same reason this is uh connected those two main roads you see through the project connected two single family neighborhoods um the city Omaha required that we connect to the city grid those uh roads in Omaha are 25 ft wide and that that is kind of a like scenario to what we're looking at these dump onto a main arterial road which then dump onto the freeway system which you could see on the um right of your screen so some key points tonight um the site was rezoned in 2023 for the contemplated uses um it was actually down zoned as you remember um previous viously it was commercial had the ability to put something with much higher density much higher traffic uh on the site um we did some we looked at the traffic of those potential uses uh if it would have been a grocery store or um fast food or something it it could have generated 5 to 10,000 more um daily trips than what this project is anticipated to generate so quite a bit more the project conforms with all the current code requirements it meets or exceeds the setback requirements exceeds the parking requirements by over 40 stalls it's well below the maximum height limitation by about 17 ft um based on what the current code would allow since the Planning Commission meeting uh a few weeks ago we've resubmitted plans to the city that show additional screening um to the neighboring properties and we've also added a six- foot privacy fence all around the northern and uh Western boundaries of the site so basically anything that's touching a residential um single family home will have a privacy fence uh we're not requesting as I mentioned any state county or um City subsidy um we feel it's a good land use transition especially compared um you know you could go up to 48 ft here um like I said we're 17 ft below what what could be built here it's a nice transition from single family across um to two-story multif family to then the commercial uh along County Road 46 uh the private roadway with public easement um I I just want to make it very clear and I'm sure it'll come up that the party the city is a party to this agreement so this isn't just something that's nice to have the city's an actual party on this agreement um we are welcome to all enforcement rights that means no parking or anything the city would like to enforce um this is for the benefit of not just the city but for us um there were some questions the Planning Commission about setbacks uh from the road um so we we pulled that information so uh 28 ft to the nearest unit entry and so I will say that there are some garages that are closer to the street um but they're garage units and I think the closest one is about 16 ft uh from the roadway but the closest unit entry is 28 ft um and then that goes back to building 2 is 47 to 6 62 ft uh the unit entries off that street and then um building 3 is about 27 ft off the street so um I think the traffic and Engineering reports um which in the packet support the layout they support the 32 uh foot wide um Street both in terms of uh streets um limiting the ability for on street parking um and we will post no parking signs on the street um and then also um any wider streets the my understanding um backed by our traffic professionals is that streets like this constrict and make it they deter speeding when you have roads like this width so uh cont complimentary uses with the medical and then a locally based ownership and development team um brought this up before but all the team members are local um we're based in Bloomington we will develop own and manage this property for the long term we plan on being neighbors here for uh a long long time uh Architects locally based as our civil engineer who's been in business over 25 years as local and then RT residential uh part of the tradition companies so I think uh everyone in Lakeville is pretty familiar with will be building this they have a great reputation for building quality product and we're excited to partner with them on this and so apologize for taking up as much time as I did and without alter it over to any questions or Mr Dempsey any questions before we moving on to okay Mr Dempsey thank you good evening Mr Mayor and Council the request uh from Timberland uh Partners is the construction of um 167 uh stacked flag town home units um the preliminary plat is uh what's being considered tonight together with the conditional use permit so the preliminary plat uh proposes uh 13 town home buildings um on one lot there's a clubhouse proposed nine single family residential lots and the acreage is just under 16 the property is located at Buck Hill Road uh north of 162nd Street which is County Road 46 and K drive to the West conditionally use permit is required uh to allow the multiple uh town home buildings on a single parcel um a little bit of background um the in 2022 the uh Timberland Partners same group had requested a comprehensive plan Amendment uh to allow rezoning of the property uh to M1 mixed use District uh this would have allowed 188 town home units also the same single family lots nine of them on the entire 18 acre property uh the city council chose not to support that uh that request uh some of the comments that were raised had to do with um uh the number of units uh on the on the property the density uh for the entire property and then also uh the impact of some of the commercial zoning which is uh which would have eliminate all the commercial zoning on the property so uh the developer has now submitted this revised plan it's 67 units uh and the same single family lots of nine and then a 3 Acre commercial property which uh was recently approved by the city council of the two medical buildings um on the property uh that was approved in July 1st uh so excuse me so they did resubmit uh the the plans and that's what we have before us this evening um there was a traffic study that was done for uh for this project at the request of City staff to get an understanding of the the traffic movements and impact to the surrounding neighborhoods get an idea of the daily traffic coming through and accessing to and from County Road 46 uh this was the original plan if I could just back up again this is the original plan that was submitted and not supported by the city in 2022 uh at this point this is the current zoning of the property the purple represents the proposed Development Area today as well as the green area for the single family homes uh and then the commercial area down the South uh east corner of the property U this is an aerial view uh of the site this represent area here represents the first edition which is the medical uh buildings uh the larger outline is the property we're talking about this evening uh this property did actually go on the other side of Kendall Drive Kendall Drive was constructed um 2004 is I'm guessing in that vicinity uh that time frame but um this was constructed as a a roadway easement um this Kendall Aven drive would be uh dedicated now as as Road R of way to the north is the city of Burnsville City Limits uh to the east is commercial zoning this remains an undeveloped commercial Pro uh property uh and um this neighborhood to the north is constructed sometime I believe in the early 80s and uh strein Edition was uh again just after a few years after year 2000 uh this is a layout of the property it shows 13 town home buildings with this preliminary plat um there's various Siz buildings that range between 11 and 16 units within this development uh there's a uh clubhouse property that's located in this corner here A Private Drive is proposed to uh divide the property um North and South to allow east and west traffic between Kendall Drive to and from Buck Hill Road there'll be no access directly from this development onto um County Road 46 um this is uh the site plan it shows the building layouts you'll see that there's three Private Road accesses onto the private Street for the town homes there's a single driveway that will serve the two parking lots for the two buildings with the Medical Building Development [Music] um and then access to kendle drive and that's also going to be the access to the single family homes uh this is an up close uh view uh from Buck Hill Road here in the far right uh the location of the buildings approximately 22 fet for building three uh you get to building two it's approxim just over 20 ft um further going further west past this driveway building one has 12 units this is approximately 13 ft from uh the private Street Edge um May getting the clubhouse in this location here one of the comments was raised by the Planning Commission was concerns about uh access or crossing locations uh across the street here to um uh the clubhouse area and Park area and City staff is going to be working with the developer on determining the best location and the means of providing uh safe visible Crossing uh locations this uh the architectural Design This is a 12 unit building uh it shows primarily the main access points to the garages from the sides uh this represents the front and rear views of the building typically in this area being the North and South views also a 12 unit building um this is the the clubhouse building um the the one of the comments that was raised by the neighborhoods to the North in in the city of Burnsville here these single family residences um was a concern about uh landscape SC some sort of screening landscape screening a potential of residents from this development trespassing into uh the neighborhood and also uh there's a transmission line easement that runs north and east and west through the North End of the property and uh City staff had comments from Great River Energy that which owns that transmission line in the easement and they had concerns about some of the tall trees that were being proposed this uh landscape plan here represents an amendment to that uh that plan there are some some uh spruce trees that are located in this area outside of the easement and there's a um a large number of Arbor V trees which are cedar trees that tend not to grow as high and if they need to be trimmed they can be trimmed fairly easily uh the developer is also proposing a 6ft solid fence along the north property line it doesn't show on this drawing but it also continues to the single family homes further to the east uh to the West rather uh that same fence um this as a continuation of the landscape plan for the site I wanted to point out uh because one of the topics in this disc discussion with the public was uh the proposed private Street and the question did arise does everywhere in Lakefield do we have a similar Street uh not similar necessarily in residential design but a private street that allows access from one neighborhood to a large collector Street uh there are some other parts of the city that are similar to this but this one is uh is one of the first ones I recall uh in my time at the city here about year 2000 or so this uh private Street was uh extended from IDE idelia Avenue in fact Google Maps shows it as idilia Avenue but this is a private drive that comes cross Heritage Drive in south of 202nd Street uh sometimes the city uh will come through with a plow but it's typically maintained by uh by the developer or the owner of the property I should say at this point uh there was a traffic study that was done for this development as I mentioned uh I'll just go over the primary topics here is that uh the proposed layout has determined that the service level the function level of the street will remain at at uh now and through future years rating from a level to C Level if you have questions regarding what those mean um there Traffic Engineers present to answer any of those questions but I want to just point out that the study determined that its minimal impact to uh the the U um traffic um number of vehicles on the streets as they're designed uh the parks recreation and natural resources committee uh did meet to discuss this um request and they s recommended additional landscape screening to the north and west I wanted to point out that the developer did respond to that that he will and uh provided a fence along that boundary um an important part of the discussion was also uh result of the Dakota County plaque commission making the determination that uh that Kendall Drive could sometime in the future be uh restricted from its current full not full because you can't Cross County Road 46 but the ability to go make left turns primarily on from Kendall on to County Road 46 may be restricted if the county determines there's warrants in the future for doing that the traffic study uh went all the way out to 2040 and determined that it's not likely that there'll be enough traffic um through that period of time um and not with this development to require that restricted left turn movement out onto County Road 46 from um uh from Kendall so the Count's identified it as a possibility which is common typical with their development reviews um and um it's not part of this project that that that access would be would be eliminated if it is the left turn movements are determined by the county uh to be restricted then uh the tra the traveling public would then uh be forced either to go through to uh the private drive to Buck Hill Road or turn right to County Road uh five and do a U-turn uh to go eastbound on County Road 46 uh so the Planning Commission held a public hearing July 18th they did recommend approval of the preliminary plat and also the conditional use permit and 12 stipulations stipulation 12 should point out does uh stipulate no parking be allowed on the private Street and that uh would also require signage for such I'll take any questions Council any questions for Mr Dempsey in terms of the uh the private road how is that going to be designated or named or identified is it going to sound like a regular City street or um commission or commissioner councilman Burell thank you um uh the street will look like a public Street it'll be a 32ft wide Street which is a common um local Street and it will not have parking so it look like a wider Street um it um it will have uh uh no driveways coming out onto that street except for the for the town home area and the uh commercial area to the South so it it will be probably named 1601 Street and I don't know about the signage for that whether they'll have a different design to it but it will look like a public Street and it'll be named as a public Street you know that's the purpose of that access to this area being from uh uh not being addressed off of Buck Hill Road or Kendall Avenue so we thought it was wise to have that as a name street thank you Joshua one of the concerns that kept coming up at the Planning Commission meeting was in regard to a an agreement about Authority and Power in terms of Maintenance and and I think we've talked about enforcement and and easements and that kind of thing but I guess in terms of maintenance is there a reason why we haven't been able or or shouldn't have an agreement before this is approved as opposed to because it sounds like the plan is to to formalize this agreement after this PL is finalized um is there a reason why that has to happen in that order as opposed to having that agreement ready to go the agreement uh is an easement that is being dedicated to uh to the city and the city will not have to formally approve it meaning the city council City staff did uh work with the draft of the of the easement uh with the assistance of the City attorney Public Works uh Community Development and we have drafted that easement um and the that that I should say the easement that we had drafted is for the commercial portion of this roadway um we have not drafted the uh the for the sundad Lille second edition we could have that ready for the final plaque consideration of the city council with the development contract but at this point we have not sure I imagine that will look similar to what's already in place yes it will include language regarding public access to across the roadway uh pedestrian access to the sidewalks um expectations on on maintenance U main maintenance is to follow the city's um use the proper term but the program and the calendar for uh certain Services uh certain condition of the roadway to St take action for repair Etc and the city will have some enforcement over that details beyond that I would defer to the City attorney to comment sure and that timeline is helpful to me and I think you know certainly as we get to that final plat I think that agreement would help ease concerns about how this is going to maintain access and maintenance throughout time so thank you there questions just have a comment um I know there's really nothing you can do about this Mr dumy but the one thing that's like the biggest pet peeve of mine personally just as a citizen is um creating a road system system where that forces you to make um u-turns and so you know I can see it when somebody misses um that they don't realize that the freeway is going to be only on their right or only on their left type of thing so they need to get to the next light to be able to make the U-turn but when you're actually forcing citizens to make a uturn because that's their only means to be able to get someplace it's just a huge pet peeve and I don't know that there's anything we can do about it but um I don't like it when it happened on do you know that you were forced to make u-turns to be able to get someplace it just especially when it's higher traffic like County Road 5 County Road 46 these things that are heavily traveled um it causes issues and um you know it just it doesn't make for a very pleasant drive but um that's kind of a pet peeve um and then the other thing is is that I'm going to assume that because the private road will be north of 160th that if you're going to number it that it would get lower um just an assumption on my part I literally live on 164 so it just keeps getting lower as it gets to 160th so I but 160th sometimes is considered 162 so you know it is the goofiest um Cy Road 46 is Goofy when it comes to trying to figure out if you're on 160th or if you're on 162nd so I get that it might be nice just to have a name street instead of because for me personally if I'm lost someplace I'm looking at those numbers trying to determine how do I get myself out of the situation before ending up in a you know totally lost situation if I could uh commiss commissioner I'm sorry council person vul uh this is 158th I believe up here uh to the north uh this is 162nd at County Road 46 here County Road 46 turns to 160th Street near uh cryst Leake Golf Course area in pava yeah because of the because of the curve but this this would be 162 161st and then the next numbered Street would be 158 so it does fall within the County's County's grid all right well it's just a little confusing oh yeah it's a lot less confusing than the coming up with the uh the named Street the [Laughter] alphabet uh Joshua um another question about the the northern boundary uh I really appreciated the responsiveness to the privacy fence um that the neighbors were looking for and the land additional Landscaping um the concern I didn't quite understand and and maybe you can help me understand what the resident was looking for as well as maybe how that was addressed was about the power lines and how is it about the existing trees or the future trees and and how those are going to potentially mesh with the power lines uh yeah it it was a long present presentation but I think the two things that were of of concern excuse me was the loss of the existing natural growth of trees along that area that the count that the uh Power Company had been trimming but not removed which is on this property uh those being removed and and replaced with uh smaller trees um that those that issue and as well as some of the elevation issues concerning the the elevation of these properties to the elevation of this property I think these are slightly somewhat higher um that and then the possibility of people trespassing under the North and and the person that did make that presentations here this evening so so just to be clear the the existing uh mature growth will need to be removed for this project uh but it will be replaced placed with this Landscaping plan that's correct gotcha all right thank you okay um oh yeah another quick question about so the clubhouse access uh one of the concerns that I've heard is town homes are across the uh the street from the clubhouse kids live in a town home kids are going to want to go to the clubhouse um there's a pedestrian walkway on the sidewalk that'll be built but that's right at the intersection with Kendale is there any plans for any kind of a Crossing uh closer to the uh the clubhouse we haven't had that discussion yet exactly where that Crossing would be between this intersection at Kendall or near this driveway uh or in this location here typically you don't want to have those on Corners it could potentially be in this location uh but that's something we haven't determined but we did indicate that City staff would work with the developer to find a safe location for that Crossing so it's clearly marked from people that are coming east and west on the private Street it'll be it'll be designated uh a crosswalk is what was discussed that that's all I can tell you without knowing for sure typically for any kind of a Crossing you're going to have may perhaps signage and a crosswalk yeah this is this is more of a developer question but that Clubhouse it's not a playground so it's not as though children are going across the street in the same way as this Clubhouse is this open access for can you just go into the pool without an ID is it is the building just freely available or generally speaking are children going to be with parents yeah so um thank you generally speaking so it'll be on a on a lock system a card system both to get into the clubhouse and then also through the gate to get into the pool for safety reasons so it's it's meant for the residents and it's locked on purpose um unless you have card access or access to unlock the gates I do think that has an impact on the type of traffic that's coming across but um yeah I don't see there's nothing over there just to draw kids over there to play so to speak thank you yeah Okay I uh it's not a public hearing but I'm going to open it up to uh public comments and you have up to three minutes I'm going to really hold you to that but uh show your name and address for the record and we'll start your number one hi mayor hi Council I'm Tara wear at 15939 Kendell Circle you can see I'm in that culdesac kind of directly left of Sundance and I appreciate a lot of my concerns have been addressed by the developer and by the city planner and some of your questions so I really appreciate that um my un the unfortunate obstacle here is that the county is eventually going to prevent us from taking that quick left to get on to Interstate 35 and otherwise this development looks beautiful it's going to be gorgeous better than all of the junk trees there now and we expected it to be developed so um it's just the public road thing I feel like when our subdivision was developed they punched through Dupont that's a public road they let all those people come through this area so all those people are now going to be going through this private road we already have problems on Dupont with speed and actually stopping at the stop sign and so those people are going to be the same offenders through this private road so I did send you guys a handout and I got lost on the way to the new Goodwill and I encountered this Keystone Avenue which is um there's some tow houses and then some rentals and they required an 80 foot ride of way public ride of way in between that and that's that second picture and you notice when you're driving on that street it's nice and wide feels safe it doesn't feel like someone's going to come shooting out of the yard and dogs aren't going to be running across the road and it just feels a lot safer for both existing residents and the new residents If This Were to be a public road and then a couple of the other concerns that we haven't talked about yet tonight would be the city can't tag and toe for enforcing no parking so if a big moving truck is parked on that Street who do we call the city can't tag and toe same with speeding and I like I said the DuPont problem is just going to be escalated to this road and the city can't do anything about it and I for one like Miss vulk said I will be taking five and doing a U-turn I do not feel comfortable driving through this neighborhood it just it just feels too confined and and too unlike a regular subdivision I feel like I'm invading their privacy going through their their little neighborhood and then the last thing would be inconsistent snow removal we all know you look out the window in the morning to see if the cities come through to see if you can get to the county road so I'll look out my window the city will come through and if I were to go through that subdivision it might not be plowed that's a factor and those are all my points thank you for your time thank you I think your points are well taken for our agreement on the road other comments Sam hos 15729 Bryant Avenue Court good evening mayor council members uh yeah I uh came here tonight I'm one of the members to the north of the property and uh I did like the mention of the uh the privacy fence and uh squeezing the pine trees in there I hope it works out well um I do want to speak for my neighbor just to the east of me right here the Samuelson they are at the lowest point here um on the property and it does look like from the topology lines that I could glean from the drainage uh view that it will be built up not much maybe about four to 5et there and so I'm just uh I'd like to speak on their behalf since they're out of town saying that that they already have a 6ot fence but as it slopes down and so I it seems like they're still going to see a majority of the uh the building there at least until maybe the pine trees grow in or whatnot if those if those stay up and ideally I think um I think for for for my side um you know 8 to 8 to 12T would be preferred but it's still I'm liking what I'm seeing there um uh but yeah definitely for these guys um you know I remember I remember Neil talking about you know if he could build a 20ft fancy wood uh just just to be able to have that screening because they have as you can see the uh the pool there in the back and it everything this whole hill dips down significantly um from about 18 ft to about 1 foot in that topology view there so that's all I really have thank you very much for your time thank you Mr hos any body else I do know there's one person I believe online Mr Miller Chelsea if you'd like to go ahead hello Mr Mayor and and the city council can you hear me yep um my name is Chelsea V I live at 15956 kale Drive property back to this land hold on we could hear you but now we can't okay my name is Chelsea V live at 15956 Kendale drive and my property backs up to this land I do appreciate um the the developer deciding to put privacy fences along the north and the West residential area um my other concern that I can back up with of my residents is is turning making that uturn like Miss Bach said forcing us to do that and the amount of traffic that will be coming from that development if back Buck Hill Road is backed up in the winter time due to the ski hill and everything they'll they'll be coming down that private drive and trying to come through Dupont and up out to five um so my concern with that is the traffic the traffic that's going to be present I do have a question about the sidewalks because they're currently not on the development plan um I learned that the sidewalks will be continued all the way down to Kendale to uh my question is what's going to happen with the current landscaping and trees that are there um I have several trees in my front yard that are right up in that easement um I don't want to be charged to have to take them out so question with that and then lastly I just wanted to point out that I would look for the fact of findings for the 2040 comprehensive plan for Lakeville and in that comprehensive plan it states at district one that we have the opportunities for targeting development of high density residential dwellings and mixed use will be considered within the transit node of a half mile existing this proposed development is one from the Metro Transit Henrik Avenue meet that comprehensive plan okay thank you those are my thoughts okay thank you um Mr Dempsey if you could just answer the questions related to sidewalks and then also um just overall on landscaping near indale if you please uh Mr Mayor I'm familiar with the situation regarding uh the sidewalk extension in to the point that there is existing trees um along that sidewalk route on both of those par those Parcels before Dupont Avenue uh the city engineering division has been uh involved in the design work of that I don't know exactly what that impact will be but given the line of the sidewalk it like it's likely to include removal of some of those trees uh I think if the um I'm sorry the last name but Chelsea I do recall speaking with you at the Planning Commission public hearing um you might want to speak with uh Zach Johnson our city engineer regarding that question they've that division has been working on that potential sidewalk extension design uh any other public comments about the project okay see none um Council any further discussion questions or uh motion um thank you Mr Mayor um the uh Private Road issue was the was the big concern for me and I want to thank Mr Dempsey today for kind of helping me put that in perspective in terms of the dimensions of it and and such and also Miss uh wear for your um your material too I thought that was very helpful um as I think discussed at the last the approval of the commercial buildings I was concerned about that plat commission uh issue as well and was pleased to hear that that's um not imminent with the construction of this this project so um I feel like those issues have been addressed one of my big concerns would be if we are you know using that private road as as the the only way for people to get on to um Eastern County Road 46 um at least that's not the case um right now so um again thanks to staff for for helping in that putting that in perspective going off that I think it was helpful to to know that this development is not part of I guess the it's not increasing the traffic to the point that's causing a trigger for that closure and I think of this part of town as fairly developed so in in my mind I'm thinking that that closure is not imminent because the growth is not that extensive in this part of town unless there's complete reconstruction of neighborhoods into higher density uh housing um that's just a a personal uh observation but it sounds like it it's not foreseen for at least 20 40 um but I don't see immense growth in that time in this part of town either so um I I'm I'm thinking maybe even uh this intersection may not need to close um but until that point we we've got a plan for creating an agreement before the final plat submission which is helpful um and and that'll be in place well before a potential closure in the future so um so with that I think the developer came to the table with answers to many of the concerns that that we had um of course with with anything um going from Woods to a development in your backyard it is not uh what many people want but we all know that this is a property that needed or was going to be developed um and I think the product is going to uh be high quality and these residents are going to be a great addition to our community so um just thanks to the staff and developers and our residents for uh for making this a better project as we went um so I'm ready for a motion unless others have comments I uh I just want to make a comment as you guys were talking and I was thinking about this this has been uh we've reached this point it's been a couple year long process and I really like the point that we have the develop M at that the project at now uh but I really want to encourage and say thank you to the citizens that came and spoke at the Planning Commission meetings uh I I saw every one of those comments that any City Council meetings that people came up to because this is really how this gets done and and I agree the developers has been really responsive uh to the questions that have been asked and to the concerns that have been raised and um I mean full agreement with the uh County Road 46 issue I at first it seemed like that was imminent and now it's more like well it could be a few years or many years uh so I feel good about um about the uh the design of the project and uh and the feedback that we've gotten to get to this point um just one small comment is you know I'm I um I am pleased with who the developer is the companies that are going into this to be able to make it a good product I happen to live um over in the area around the um bowling alley so and a in a very old neighborhood my house was built in like 75 or something like that my neighborhood's very old so we watched the bowling alley go up well before that the golf dome that is now a church um uh you know with the bowling alley came McDonald's and the memory care unit you know all these things were commercial right backed up to Old neighborhoods type of thing um however the fears that we had as um citizens you know when these things were going up worrying about what was going to come into our neighborhood Etc have not come to pass thank goodness and I'll knock on wood on that one um the companies have done a really good job of making sure that they have blocked off like this privacy fence that's going to you know take place so um I think that everybody does the best that they can to be able to take care of the concerns of some of the older um neighborhoods and sometimes it just happens to be that you've got residential coming right up against um commercial and I think we're trying to that they're doing a good job of trying to transition the both so I'm comfortable with how things have moved forward and um I'm very comfortable of how they listen to the neighborhoods and um try to accommodate their needs mayor I move to approve the preliminary plat of Sundance Lakeville second edition a number two a conditional use permit to allow more than one multif family principal building on one lot and three adopt findings of fact second second okay any further discussion I just uh would like to add you know I we had a very robust Planning Commission meeting I I watched that um I think think so one I'm grateful for the residents and neighbors that wait in and but also I'm pleased to hear from the developers that a lot of the things that were brought up were addressed so I appreciate the willingness of the neighbors and the developers uh to do that so uh with that I will take roll call please burmel I Walter I Lee hi vulk I Hellier I uh the motion passes thank you we'll now move on to to items eight and N unfinish a new business okay seeing none uh next announcements our next city council meeting is Monday August 19th right here at City Hall our next work session is Monday August 26th and just a reminder tomorrow night is National Night Out And if you go to the city's website uh you can find the closest uh neighborhood Gathering and hope to see you around town and with that I'll take a motion to adjourn so moved there a second second all those in favor say I hi hi we are adjourned [Music] [Music]