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HomeMy WebLinkAbout12-06-99 CITY OF LAKEVILLE COUNCIL. MEETING DECEMBER 6, 19.99 Mayor Zaun called the meeting to order at 7:OO p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present:. Council Members Ryan, Sindt, Mulvihill, Luick and Mayor Zaun. Also present: R. Knutson, City Attorney; R. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. AMENDMENT TO AGENDA Mayor Zaun indicated that Agenda Item`9A should read, "Approve Memorandum of Understanding with ISD 194 relating to All Saints School", rather than, "Receive Memorandum of Understanding..:.". MINUTES The minutes of the November 15, 1999 City Council meeting were .approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson asked the Council to consider authorizing a traffic study on Highview Avenue. This matter will be considered under New Business. ADMIMSTRATOR: None DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the November Operations & Maintenance Departmenfi monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud .presented the October Parks &.Recreation Departmentmonthly report. • CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 6, 1999 PAGE 2 PRESENTATIONS/INTRODUCTIONS Several DECA members from .Lakeville Senior High School, along with their. adviser, Mike Zweber, requested the City Council to proclaim the .week of December 12 through 18 as Free Enterprise Week.. 99.227 Motion was made by Luick, seconded by Mulvihill to proclaim. December 12-18, 1:999 as Free Enterprise Week in Lakeville. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, :Mulvihill, Luick. - CITIZENS' COMMENTS: None CONSENT AGENDA Council Member Ryan requested removal of Items 7h and 7k, and .Council Member Mulvihill requested removal of Item 7cc from the consent agenda.. The Council concurred. 99..228 Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receiveminutes of the following advisory committee meetings: Telecommunications. Commission, November 9, 1999 Environmental Affairs Committee, .November 16, 1999 Parks & Recreation Committee, November 17, 1999 Planning Commission, November 18, 1999. -c. Attorney Contract with Walsten, Walston. & Te Slaa, P.A. d. Resolution No; 99-271 accepting donation from People's Natural Gas to Lakeville Ames Ice Arena. e. Amendment to Convention and Visitor's Bureau Agreement. f. Set a special Councilmeeting for Monday, December 13, 1999 at + 7:00 p.m. to consider the 2000/2001 budget. g. Seta public hearing for Monday, December 20, 1999 on the • renewal of liquor, club liquor, Sunday liquor,. wine and 3.2% malt liquor licenses. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER.6, 1999 PAGE 3 h. Removed from consent agenda. i. Final payment .and acceptance of Glacier Way utility and street improvements, Improvement Project 97-11. j, Final payment and acceptance of Ipava Avenue widening, Improvement Project'98-9. k. Removed .from consent agenda. L Renewal of billboard licenses for 2000. m. Special assessment agreement with Ralph and Shirley Schultz, .16380 Kenwood Trail n. Renewal of Standard Engineering Agreements and 2000 fee .schedules with Barr Engineering; Orr-Schelen-Mayeron Associates, Inc., Short Elliott Hendrickson, lnc., SRF Consulting Group, Inc. and Tolz, King, Duvall, Anderson & Associates. o. Resolution No. 99-272. establishin 200Olateral sanita sewer and g rY watermain access charges. p. Resolution No. 99-273 establishing 2000 sanitary sewer unit and sanitary sewer area connection. charges. q. Resolution No. 99-274 establishing 2000 watermain unit connection .charges. r. Resolution No. 99-275 establishing 2000 street assessment policy (rates) for collector and arterial roadways. s. Resolution No. 99-276 establishing 2000 storm sewer area charge. Resolutions No. 99-277 and 99-278 accepting donations from ARMAG Computer, Inc. and APPRO Development, Inc. to the Police Department. u. Tanker truck rental agreements with McNamara Contracting and Brown & Cris, Inc. v. Resolution No: 99-279 accepting donation of four evergreen trees .from Beth and Daniel-Remarcke. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 6, 1999 PAGE 4 w. Resolution No. 99-280 awarding contract for a street flusher. x. Contract for Professional Planning Services with Northwest Associated Consultants for the :year 2000. y. Amendment to development contract for St. Francis Woods 7tn Addition. z. Agreement with Dakota County to apply for. Juvenile Accountability Incentive Block Grant Funds. aa. Resolution No. 99-281 adopting- the position classification and pay plan for exempt and non-exempt. positions and setting forth the policy for administration of the pay plan. bb. Agreement with Two Way Communications, Inc. to provide after- hours emergency public safety radio repair. cc. Removed from consent agenda. dd. Renewal of mixed munici al solid waste and rec clable material p Y collector licenses for 2000. Roll call was taken on the motion. Ayes,. Zaun, Sindt, Mulvihill, Luick, Ryan. ITEM 7H 99.229 Motion was made by Luick, seconded by Sindt to approve final acceptance of utility and street improvements.,. Lakeview .Estates 3ra Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Zaun. Ryan abstained due to a conflict of interest. ....ITEM 7K 99.230 :Motion was made by Luick, seconded by Sindt to approve final payment and acceptance of Klamath Trail,. Improvement Project 98-17. Roll call was taken on the motion.. Ayes, Mulvihil Luick, Zaun, Sindt. Ryan. abstained due to a conflict of interest. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 6 1999 PAGE 5 .ITEM 7CC Council Members felt it was premature at this point to advertise the :vacancy on the Planning Commission, since the Council is considering the possibility of restructuring/combining the Planning Commission and Environmental AfFairs Committee. 99.231 Motion was made by Mulvihill, seconded by Luick to accept the resignation of Chris Moates from the Planning Commission.. Roll call was taken on the motion.. Ayes, .Luick, Ryan, Zaun, Sindt, Mulvihill. ITEMS 8-9 Mr. Feller. presented a proposed resolution authorizing issuance,, awarding sale, prescribing the form and details and providing the payment of $590,000 General Qbligation Equipment Certificates of indebtedness, Series 1999A. He explained that certificates of indebtedness are short-term debt instruments issued to finance police, fire, street .and park maintenance equipment. Mr. Feller also presented a proposed resolution authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $2,575,000 General Obligation Tax Increment Bonds, Series 19996. These bonds are proposed to finance the land acquisition and site improvemen#s for the downtown senior housing/retail projecf and land acquisition and improvements for the Lakeville Area Arts Center. Tax increments from Southfork Tax Increment Financing District No. 8 are pledged to the .payment of these bonds. A Memorandum of Understanding has been prepared between the City of Lakeville, Lakeville HRA and ISD 194 for the acquisition and financing of the All Saints elementary school property. Mr. Feller explained that. under the terms of the Memorandum of Understanding, the City would transfer title of the elementary school to the Lakeville HRA. The HRA will obtain. lease/purchase financing from a financial institution for: acquisition of the elementary school property ($416,000),. renovation of the school to school district standards. ($900,000), along with issuance costs of $10,000. The HRA will sublease the property and improvemen#s to ISD 194. 'The term of the lease and sublease will be 15 years with an estimated interest rate of 6% per year. ISD 194 will take . possession of the property on May 1, 2000. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 6, 1999 PAGE 6 Jerry Shannon of Springsted, Inc. presented the bid results for $590,000 General Obligation Equipment Certificates of Indebtedness. Six bids were received for this bond issue. John G. Kinnard & Company submitted the lowest bid with an interest cost of $74,592.50, for a net. effective rate of 4.6387%. Springsted recommends award of the bid.. Mr. Shannon also presented the bid results for the $2,575,000 General Obligation Tax Increment Bonds. Eight bids were. received for this issue. Robert W. Baird & Company, Inc. submitted the lowest bid with. an interest cost of $1,128,455.83, for a net effective rate of 5.1453%. Springsted also recommends award of this bid. 99:232 Motion was made by Ryan, seconded by Mulvihill to approve Resolution No. 99-282 authorizing :issuance, awarding sale, .prescribing the form and details and providing the payment of $590,000 General Obligation. Equipment Certificates of Indebtedness, Series 1999A, to John G. Kinnard & Company Incorporated. Roll callwastaken on the motion. Ayes, Ryan, Zaun, Sundt, Mulvihill, Luick. 99.233 Motion was made b Ran seconded b Mulvihill to a rove .Resolution Y Y Y pp No. 99-283 authorizingissuance, awarding sale, prescribing the form and details and providing for the payment of $2,575,000 General Obligation Tax Increment Bonds, Series 1999B, to Robert W. Baird & Company, Incorporated. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill., ..Luick. ITEM 9A 99.234 Motion was made by Sindt, seconded by Luick to approve a Memorandum of Understanding for AlI Saints School between the City of Lakeville, the Lakeville Housing and Redevelopment Authority and.. Independent School District No. 194, Rolf call was taken on the motion. Ayes, Zaun, Sundt, Mulvihill, Luick, Ryan. ITEM 10 Roger. Gilb, representing G & F Holdings, Dave Johnson, of Shorewood ...Oaks Development and Murk Hbtzler and. Jannis Blumentals, CITY.OF LAKEVILLE COUNCIL MEETING DECEMBER 6, 1999 PAGE 7 representing New Horizon Daycare, requested Council approval of the preliminary and final plat of Gilb Fitzpatrick Addition. Mr. Gilb also requested an easement vacation and a conditional use permit to allow the construction of a child care facility on lot 2, block 1 of the final. plat. Mr. Sobota presented the proposed .development, which consists of two commercial lots on one block and one outlot located south of CSAH 50 (202"a Street West) and west of Iberia Avenue. The proposed preliminary plat, consisting of 10.64 acres of land, will include the dedication and construction of 203`a Street West and the future location of 205th Street West as a cul-de-sac. Mr. Sobota explained that 203`a Street West will serve as a local access road for current and future. development west of the plat boundary and. will provide full access onto CSAH 50. The project also includes the administrative subdivision/lot combination to deed :remnants of Land next to 203`a Street West to adjoining property owners and an administrative subdivision to split off future right-of-way for 205th Street West from an adjoining property owner. A 10,200 square foot New Horizon childcare facility is proposed on lot 2, block 1. Right of way will be platted for future 203`a Street West and an existing portion. of 205th Street. West. The project also includes the vacation of a portion of a drainage and utility easement on the west side of the current Roger Gilb Auto Service lot. Outlot A will be reserved for future medium density residential development, consistent with the 2020 Land Use Plan:. The extension of 2051 Street West would occur when Outlot A develops. The,Planning Commission held a public hearing and recommended ..approval subject to the revision of Stipulation No. 10 involving exterior light fixtures and the addition of Stipulation No. 17 regarding snow storage. Staff recommends approval Mayor Zaun asked if Dakota County has reviewed the plat with .regard to access .off of CSAH 50. Mr. Sobota stated the Dakota County Plat Commission has agreed to provide a temporary access during construction. That access would be closed when 203`a Street opens. Council Member Ryan asked about an additional access for UBC in the future. Mr. Sobota stated UBC representatives have not indicated whether they intend to use the new road. It was explained to them that the new road could be used now, or it can serve the future redevelopment of their site. While a number of different access options were considered, the 203~tl Street`location was found to be the best . solution for UBC. .CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 6, 1999 PAGE 8 Mr. Erickson stated the City is providing a credit to the developer for the extra width of 203~tl Street, which will be a 40-foot wide street. The City felt the extra width would be important to UBC. 99.235 Motion was made by Sindt, seconded by Ryan to approve Resolution No. 99 284 vacating a permanent public drainage and: utility easement;. and Resolution No. 99-285 approving the preliminary and final plat of Gilb Fitzpatrick Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. 99.236 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the construction of a day care facility in the B-4, General Business District, on Lot 2, Block 1, Gilb-Fitzpatrick Addition. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Ryan, Zaun, Sindt. ITEM.11 Joan Johnson, Jack Matasosky and Mike Watters, representing the Lakeville Area Chamber of Commerce, addressed the City Council with regard to Interstate 35 interchange access at County Roads 50, 60 and 70. Mr. Matasosky read the following statement issued by the Chamber of Commerce .Board. of Directors at its November 10, 1:999 monthly meeting: "The Lakeville Area Chamber of Commerce agrees in principle and supports the City of Lakeville and Dakota County application for funding the highway improvements at County Roads 70, 60 and 50. The support of this .application is based on the applicant's commitment to aiming and interim access .during construction, including advance construction of County Roads 60 and Interstate 35 south ramps. The completion of the project's interchanges with respect to the critical impact they have to the. viability of the operations of businesses located on the 35W corridor and Airlake .Industrial Park is paramount. The Chamber's support is consistent with the applicant's ability and assurance toprovide adequate access for businesses during the construction. period." .CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 6, L999 PAGE 9 ITEM 12 City Engineer Keith Nelson provided an overview of the proposed reconstruction of 160t" Street {County Road: 46) from 1300 feet east of Pilot Knob Road to a point on CSAH 48 approximately one mile east of Trunk Highway 52. A four-lane divided roadway wi61 be constructed through Lakeville/Apple Valley into Rosemount. Lakeville's share of the project cost is estimated to be $258,000, based on 80% Federal funding. Thee City's Capital Improvement Plan includes $50,000 for engineering in 1999 and an additional $287,000 for year 2000 construction. The County anticipates the project to be phased over two years, with substantial completion late in the year 2001. Mr Nelson explained that 160t" Street would be lowered approximately 25 feet to accommodate future development in Nordic Square. Camas, Inc. will have until April 15, 2001 to complete the mining. of aggregate to the design roadway elevations. Due to the fact that 1601h Street will be closed for minim, :Diamond Path was recently .completed .for. traffic to detour. from 160 Street to County Road 42. After 160t" Street is reconstructed, it will.:become CSAH 46 and will be maintained by Dakota County. Dakota Countyhas also agreed to plow 160t" Street east of :Pilot Knob Road this winter until it inclosed for mining. Mr. Erickson stated the Planned Unit Development for Nordic Square that has been in place for two decades would continue, based on the language in the proposed mining agreement.. Council Member Ryan asked about the railroad crossing near Highway 3 in Rosemount. Mr. Nelson stated.. he believes it will be a bridge, but will look .into it and report back. 99.237 Motion was made by Luick, seconded by Mulvihill to :approve the following with regard to the" construction and widening of 160t" Street_ (proposed County Road 46), Improvement Project 97-8: a. Agreement for Engineering, Highway Construction and Right-of-- Way Acquisition .between the County of Dakota, the City of Apple Valley, the City of Lakeville_and the. City of Rosemount; b. Agreement for Right-of-Way and Mining among the County of Dakota, the City of Lakeville, the-City of Apple Valley, Nordic Square Limi#ed Partnership and .Camas, Inc. c. Resolution No. 99-286 approving plans and specifications for 160t" Street (proposed County Road. 46) east of Pilot Knob Road, Improvement Project 97-8. CITY OF LAKEVILLE COUNCIL MEETING DECEMBER 6, 1999 PAGE 10 Rolf call was taken on the motion. Ayes, Luick, Ryan, .Zaun, Sindt, Mulvihill UNFINISHED BUSINESS None .NEW BUSINESS Mr. Erickson asked the Council to consider authorizing SRF Consulting Group, Inc. to prepare a traffic study on Highview Avenue. He explained that area residents submitted a petition on the need to address vehicle, bicyclist and pedestrian safety on Highview Avenue.. The #raffic study would determine the need for additional traffic control at the intersection of Highview Avenue and 165th Street and would investigate the :possibility of constructing a trail along Highview Avenue. Following completion of a preliminary draft, .staff would hold. a neighborhood meeting with the Highview Avenue residents:.. Based on comments and suggestions, SRF would complete the study and present it to the City Council at the Council's retreat early next<year. 99.238 Motion was made by Sindt, seconded by Mulvihill to authorize SRF Consulting Group, Inc. to prepare a traffic study on Highview Avenue, based on the proposal by SRF dated December 6, .1999. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Luick. ANNOUNCEMENTS: Next regular Council meeting, December 20, .1999 .Special Council meeting, December 13, 1999 Mayor Zaun adjourned the meeting at 8:30 p.m. .Respectfully submitted, Charlene Friedges, C' Clerk D ne Zaun, May r