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HomeMy WebLinkAbout04-20-98 CITY OF LAKEVILLE COUNCIL MEETING APRIL 20 1998 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken.. Present: Councilmembers Ryan, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; B. 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. Krings, Chief Building Official; C. Friedges, City Clerk; J. Hennen, Administrative Assistant. MINUTES The minutes of the April 6th regular Council meeting and the April 7th special Council meeting were approved as presented. STAFF ANNOUNCEMENTS - ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson presented .additional information for consent agenda Item 7d and a letter from Lova Anderson, agenda Item 12. CHIEF OF POLICE: Chief Martens recognized the achievements of Lieutenant Dave Bellows in his recent graduation from the FBI Academy. Lieutenant Bellows expressed his appreciation to the City Council for being given the opportunity to attend the Academy. LIEUTENANT BELLOWS then presented the March Police Department monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the March Parks & Recreation Department monthly report. Mayor Zaun read a letter from Gary Humphrey, Mayor of Apple Valley, expressing appreciation on behalf of the Apple Valley City Council to the CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 .PAGE 2 Lakeville Fire Department for mutual aid assistance at a recent fire at the Lamperts Lumber building in Apple Valley. PRESENTATIONS/INTRODUCTIONS Mr. Michaud introduced Dave Downs, Park Maintenance II employee. Mr. Krings introduced Steve Horsman, Building .Inspector. Mayor Zaun presented a proclamation for Volunteer Recognition Week. He stated the City Council is soliciting nominations for the City's annual community service recognition, which will be held in June. 98.90 Motion was made by Mulvihill, seconded by Holberg to proclaim the week of April 19-25 as Volunteer Recognition Week. Roll call-was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. Sally Custer, coordinator of the Loyalty Day activities in Lakeville, presented a proclamation declaring May 1st as Loyalty Day. She provided an overview of the various activities that students can participate in as a part of Loyalty Day, such as .poster and essay contests, which remind students to respect each other, people of all ages, the flag and our country. 98.91 Motion was made by Sindt, seconded by Holberg to proclaim May 1, 1998, Loyalty Day in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. CITIZENS COMMENTS None CONSENT AGENDA Councilmembers removed Items 7x and 7i from the consent agenda. Councilmembers added Item 11 to the consent agenda. 98.92 Motion was made by Sindt, seconded by Holberg to approve the consent agenda items as follows: a. Claims for payment. b. March Investment Report. CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 PAGE 3 c. Receive. minutes of the following advisory committee meetings: Airlake Airport Advisory Commission, January 15, 1998. Parks & Recreation Committee, April 1, 1998 Meals on Wheels Advisory Committee, March 25, 1998 Planning Commission, April 2, 1998 Environmental Affairs Committee, March 31, 1998 d. Resolution No. 98-65 receiving bids and awarding contract for park improvements, pathways and King Park turn lanes, Improvement Projects 96-4, 97-5, 97-20 and 98-2. e. Resolution No. 98-66 .receiving. bids and awarding contract for widening of Ipava Avenue from 165th S#reet to Co. Rd. 46 (160th Street), Improvement Project 98-9. f. Change Order No. 1 with Keys Well Drilling Company for rehabilitation of Well No. 6, Improvement Project 97-21. g. Final acceptance of utilities in Kingsley Cove 2nd Addition. h. Trunk watermain credits and trunk storm sewer credits for Boulder Village. 1st Addition. i. (Removed from consent agenda) j. Contracts for landscape maintenance services with Aspen Ridge Lawn Maintenance and Jeff Reisinger Lawn Service. k. Resolutions No. 98-68, 98-69 and 98-70 accepting donations from the Lakeville Lions Club for the Meals on Wheels program, 1998 Pan-O-Prog fireworks event and the puppet wagon. I. Resolution No. 98-71 accepting donation from the Sons of Norway to the Senior Center. m. Resolution No. 98-72 accepting donations from. Domino's Pizza, Lakeville Sanitary Service, Inc., Quality Waste Control, Inc. and Arden .International Kitchens for Community Clean-up .Day. CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 PAGE 4 i n. Antenna Site Lease with U.S. West Wireless L.L.C. for the Dakota Heights water tower located at 18050 Jacquard Path. o. Resolution No. 98-73 receiving bid and awarding contract authorizing purchase and installation of playground equipment for Dodd Pointe Park and Dodd Trail Park. p. Resolution No. 98-74 approving a gambling permit for Lakeville Men's Softball Association. q. Special assessment agreement with Thomas & Mary Toner, 16475 Kingswood Drive. r. Real Estate Purchase Agreement with .Jeffrey and Dorothy Barr, 16760 Klamath Trail, Improvement Project 96-9. s. Special assessment agreement with Jeffrey and Lori Barum, 7965 -215th Street West., (Design Cabinets). t. Resolution No. 98-75 authorizing sale of unclaimed and surplus .property. u. Contract between County of Dakota and City of Lakeville for Sentence to Service.Program work crew. v. Resolution No. 98-76 approving a gambling permit for Turn In Poachers, Inc. w. Resolution No. 98-77 terminating Conditional Use Permit No. 89-06. x. (Removed from consent agenda) 11. Special Home Occupation Permit for Amy Smith, 16524 Jaguar Avenue. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEMS 8-9 Mr. Feller explained that the City of Lakeville issued General Obligation Temporary Tax Increment Bonds in 1995 to finance the Fairfield Business Campus improvements. The proposed 1998 bond issue will refinance the $2,401,700 balloon payment on the temporary bonds. The proposed bond • issue will be repaid from tax increments derived from Fairfield Business CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 PAGE 5 • Campus, (New Morning Windows, ITRON, Verified Credentials, Hearth Technologies and Technical Methods, Inc.) Mr. Feller also explained that the 1998 budget anticipated the issuance of certificates. of indebtedness to finance the acquisition of police, fire, street and park equipment that have a useful life exceeding five years. The proposed certificates will mature over afive-year period.. Mr. Feller introduced Springsted Principal Dave MacGillray, who presented bid results from the bond issues. He pointed out that the bond market is experiencing the lowest interest rates since the early 1970s. There were six bids for the $2,495,000 tax increment bond issue, with a low bid from Solomon. Smith Barney Cronin & Company, Incorporated at 5.1033% interest. He explained that the official statement on this issue permitted the underwriters to combine multiple maturity years into a term bond. This provides a large block of bonds that is more attractive to bond funds,and certain pension funds that deal with only large blocks of bonds. In turn, it reduces the risk to the underwriter, allowing them to lower their costs to the city. Since the purchaser designated maturity to be term bonds, the City Council needs to approve a supplemental resolution in addition to the resolution authorizing issuance of the bonds. The $515,000 equipment certificates had seven bids, with a low bid from United Bankers Bank at 4.2942% interest. Mr. MacGillray recommended Council approval of resolutions authorizing the issuance and sale of bonds and the supplemental resolution as presented. 98.93 Motion was made by Mulvihill, seconded by Sindt to approve Resolution No. 98-78 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $2,495,000 General Obligation Tax Increment Bonds, Series 1998A; Resolution No. 98-79 (Supplemental Resolution) relating to $2,495,000 General .Obligation Tax Increment Bonds, Series 1998A; and Resolution No. 98-80 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $515,000 General Obligation Equipment Certificates. of Indebtedness, Series 1998B. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 10 Mr. Sobota indicated that Mr. Giles has a potential buyer for the subject property and is recommending the CitX Council table consideration of a conditional use permit until the May 4t Council meeting. CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 PAGE 6 • 98.94 Motion was made by Holberg, seconded by Mulvihill to table consideration of a conditional use permit to allow an office/warehouse on property located east of Kenrick Avenue and south of 215th Street until the May 4, 1998, City Council meeting. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill ITEM 12 Mr. James Stanton, representing Shamrock Development, Inc. requested Council approval of the Andersons Century Farm Addition preliminary plat, .which consists of 127 single family lots located on the east side of Ipava Avenue, north of East View Elementary School Mr. Morey presented the proposed preliminary. plat . He stated the subject property is currently a metes and bounds description parcel owned by Lova Anderson. Mrs. Anderson intends to continue residing in her existing .house. Her. house will be located on a seven and one-half acre parcel and. will be connected to City sanitary sewer and water. The developer has conceptually shown. a possible future subdivision of the seven and one-half acre parcel, in the event Mrs. Anderson decides to develop the property in the future. Mr. Morey explained that there are eight outlots with this proposed preliminary .plat. Outlot B will include a trail connection to East View Elementary School.. Outlot C covers a wetland area. The Environmental Affairs Committee acknowledged that the developer can leave the wetland. as is. Outlot D will include a future trail connection to the Zweber Farm subdivisions. The trail will eventually connect to the trails along 175th Street to the north and east. Outlot E is a remnant parcel that can become a single family lot in combination with a future development phase of the Zweber Farm subdivision. Outlot F is a temporary ponding area. Outlots G & H cover the two permanent subdivision identification signs that the developer is proposing to install.. The developer will be required to provide a cash escrow for the future upgrade. of Ipava Avenue. The preliminary plat includes the construction of 178th Street, which will provide access to the development fromlpava Avenue. The developer must construct a right turn lane at 178t" Street.. The developer will be required to provide security to guarantee installation of berm/landscaping on three lots that abut Ipava Avenue. Mr. Morey explained that as part of the plat development, Lova Anderson will be required to eliminate her existing driveway on Ipava Avenue and relocate it CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 PAGE 7 onto the proposed Impala Path, which is City policy for metes and bounds property along major and minor arterial streets. A letter was received from Ms. Anderson requesting the driveway be allowed to remain at its present location until the outlot is developed. 98.95 Motion was made by Sindt, seconded by Mulvihill to receive the letter from Lova Anderson dated April 20, 1998. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill,. Holberg.. Councilmember Sindt stated. she would agree to allow Mrs. Anderson's driveway to remain at its present location until her property is developed or the Ipava Avenue parkway is built, whichever occurs first. Councilmembers Mulvihill and Ryan stated they would also be willing to grant Mrs. Anderson's request, Staff recommended that Stipulation No. 17 be worded as follows with regard to the location of Mrs. Anderson's driveway, "Lova Anderson's existing driveway onto.Ipava Avenue shall be relocated to Impala Path when the homestead lot is • subdivided in the future or when Ipava Avenue is reconstructed to a parkway standard, whichever occurs first". Councilmember Holberg asked if staff had any dialogue with ISD 194 officials with regard to the trail connection to East View Elementary. School and coordination with the district in regard to continuation of the trail on their site. Mr. Morey state that had been discussed. Councilmember Holberg asked if plans include a left turn lane on southbound Ipava Avenue at 178th Street so that the shoulder (bike lane) is not used by motor vehicles to get around trafFc making a left turn. Mr. Erickson stated the City's traffic consultant can check the trip generation and traffic counts in that area, and make a recommendation with the final plat. 98.96 Motion was made by Sindt, seconded by Holberg to approve the preliminary plat of Andersons Century Farm Addition. Rolf call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Ryan. Nays, Holberg.. Councilmember Holberg stated she felt the request for a traffic study on southbound Ipava Avenue at 178th Street should be in writing as a part of • the report. CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 PAGE 8 • 98.97 Motion was made by Holberg, seconded by Sindt to direct staff to evaluate the traffic patterns as they relate to Ipava Avenue and stacking on the southbound lane at 178th Street and make a recommendation at the time of final plat consideration for Andersons Century Farm Addition. .Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEM 13. .Bob Wiegert of Paramount Engineering, representing Country Joe, Inc., requested Council approval of the final plat of Harris Acres Second. Mr. Morey presented the Harris Acres Second final plat, which consists of 45 single family lots. on land located south of 170th Street and east of Fieldcrest Avenue. The Harris Acres Second final plat includes three lots that were approved with the adjacent Quail Meadows preliminary plat. The Quail Meadows .developer sold these three lots to Country Joe, Inc. for development with Harris Acres Second. Mr. Morey stated the final plat plans have been: reviewed by the Planning. Commission, Environmental Affarrs Committee and . Parks & Recreation Committee, and all recommend approval.. Mr. Erickson commended the developer with regard to landscaping and. .screening. Councilmember Ryan stated he will abstain from voting on this item due to a conflict of interest. 98.98 .Motion was made by Sindt, seconded by Holberg to approve Resolution No. 98-81 approving the final plat of Harris Acres Second. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Zaun, Sindt. Ryan abstained. ITEM 14 Mr. Erickson asked the City Council to consider the creation of a Human Resources Director position. He explained that during the past several years,. State and Federal mandates have added to the responsibilities of personnel management.: Mr. Erickson outlined the specific duties of the Human Resources Director and a number of special. projects that will require • immediate attention. (See memo from City Administrator dated April 16, 1998) CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 PAGE 9 Mayor Zaun asked. if compensation and funding for this position will be available without jeopardizing other positions.. Mr. Erickson stated funding for thisposition has been identified in the General, Liquor and Municipal Reserves Funds. 98.99 Motion was made by Mulvihill, seconded by Sindt to approve the creation of a Human Resource Director position. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill ITEM 71 Councilmember Holberg asked about correcting the sight lines on 172"~ Street at this time, given the proposed plans to realign 172"d Street. She asked if this portion of the overlay project could be delayed to allow the Council an opportunity to obtain more information with regard to the realignment of 172nd. Street and determine whether funds should be expended at this time. Mr. Nelson stated that portion of the project could be bid as an alternate to the .base bid, and the City Council would have to determine whether the contract should be awarded with or withoutthe alternate. Mr. Erickson stated the 1- 35/Highway 50 traffic report is expected to be available later this week. Councilmember Ryan questioned whether the Highview Avenue overlay should be done this year. He stated he is concerned about bidding with alternates, which could result in the City not- receiving a competitive bid on the alternate. Mr. Nelson explainedthat the contract could be awarded based on the base bid, or base bid plus alternate, which keeps the alternate from getting inflated. He further'explained that the realignment of Highview Avenue could be several years out, if it happens at all, considering the area is environmentally sensitive. Highview Avenue was originally improved under a change orderfor the County Road 46 project. At that time it was considered a temporary improvement and needs the overlay this year. 98.100 .Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 98-67 approving plans and specifications and setting a bid date for 1998 miscellaneous bituminous overlays and street patching, Improvement Project 98-14, including the correction of site lines on 172nd Street as a bid alternate. CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 PAGE 10 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Nays, Ryan. Councilmember Ryan stated he feels it is important for the Councilmembers to know what they want before putting this work out for bids, rather than pushing it through with an alternate situation.. ITEM 7X 98.101 Motion by Holberg, seconded by Sindt to table consideration of a resolution approving consent to transfer DI HED YOKES, INC. interest of real property located at 21467 Holyoke Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. UNFINISHED BUSINESS Councilmember Holberg stated last fall the Personnel Committee had discussed the staffing situation in the Community Development Department. She asked how the staff is doing at this point under the pressure of development and whether any further thought or evaluation has been given to that situation. Mr. Erickson stated he will continue to evaluate the organizational structure and staffing in both the Community Development Department and the Inspections Department and will report back to the Personnel Committee as quickly as possible. NEW BUSINESS Councilmember Ryan voiced his concern with the use of the metric system for competitive bidding, pointing out the inaccurate engineer's estimate in Item 7d which may have been due to the use of metric measurements. He stated some smaller contractors are unfamiliar with the system and may be precluded from bidding on certain projects. He stated he would .like to explore a way to break out of using the metric system for bidding City projects. Mr. Nelson stated that while he agreed with Councilmember Ryan, the Minnesota Department of Transportation uses the metric system for measurement, and all projects that were designed in 1.995 or later have to be in metric so that the City can get state aid approval Mayor Zaun suggested the Council and staff make local legislators aware of the. City's concerns with regard to metric measurements and the possible impacts it has on the bidding .process. • CITY OF LAKEVILLE COUNCIL MEETING APRIL 20, 1998 PAGE 11 • Mr. Erickson suggested the City's engineering consultants make some comparisons in recent bids, working with the two.systems of measurement. ANNOUNCEMENTS: Next regular Council. meeting, May 4,.1998 Council work session, April 29, 1998 Mayor Zaun adjourned the meeting at 9:02 p.m. Respectfully submitted, Charlene Friedges, Ci Clerk G~-,.._ Dua a Zaun, Ma r • •