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HomeMy WebLinkAbout04-06-98 s' CITY OF LAKEVILLE COUNCIL MEETING APRIL 6, 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; Chief Martens, Police Department; D. Volk, Director of Operations & Maintenance; R. Mullenbach, Planning Assistant; B. Christensen, Fire Chief; J. Hennen, Administrative Assistant; L. Gustafson, Deputy City Clerk. MINUTES. The minutes of the March 16, 1998, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS • ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson provided a list of accounts deleted from the certification of delinquent utility accounts and an amended resolution certifying the delinquent amount. Mr. Erickson provided a handout on information pertaining to Item 11, stating Paul Allen has agreed to purchase Marcus Cable. DIRECTOR OF OPERATIONS & MAINTENANCE: Mr. Volk presented the March, 1998, Operations & Maintenance report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the March, 1998, Parks & Recreation monthly report. FIRE CHIEF: Chief Christensen presented the 1997 Lakeville Fire Department Annual Report. The Chief reported that the annual dollar loss would actually be under the average if not for the Strout Plastics-fire loss of 7.2 million dollars.. The Fire Department responded to 654 calls for service during the year, which was slightly lower than 1996. PRESENTATIONS/INTRODUCTIONS • CITY OF LAKEVII..LE COUNCIL MEETING APRII, 6, 1998 PAGE 2 • Parks & Recreation Director Mr. Michaud introduced the new Senior Center Assistant Jean Mahowald. Mayor Zaun presented a .plaque to Mr. Howard Amborn for his service to the City of Lakeville as a member of the Planning Commission. Mr. Al Rolek representing the Minnesota Government Finance Officers Association (GFOA) announced that the City of Lakeville has achieved a milestone in excellence in financial reporting and public accounting, .The Comprehensive Annual Financial Report (CAFR) is the highest form of recognition in the area of government accounting and financial reporting and its attainment represents a significant accomplishment for the City of Lakeville. Mr. Al Rolek presented the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting to Mr. Kempa, Mr. Lang and Mr. Feller on behalf of the City of Lakeville for its financial report for the year ending December 31, 1996. CITIZENS' COMMENTS None . CONSENT AGENDA Councilmembers removed items 7a, 7j, 7o and 7aa from the consent agenda. Councilmember Sindt recommended adding the Planning Commission appointment under new business. 98.72 :Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda. items as follows: a. .(Removed from consent agenda). b. Receive minutes of the following advisory committee meetings: • Environmental Affairs Committee, March 17, 1998 • .Parks & Recreation Advisory Committee, March 18, 1998 • Planning Commission, March 19, 1998 • Ice Arena Advisory Committee, March 25, 1998 c. Resolution No. 98-48 accepting donation from First National Bank Lakeville to .Safety Camp and ZooMobile. d. .Resolution Na 98-49 accepting a donation from Elko Baseball Club to Awaken to the Arts Concert Series. CITY OF LAKEVILLE COUNCIL MEETING APRIL 6, 1998 PAGE 3 e. Resolution No. 98-50 acce tin a donation from Northern States Power Com an to p g p Y Safety Camp.. f. Resolution No. 98-51 approving sale of assets. g. Agreement with Lakeville Baseball Association for construction of a storage/concession/restroom building at Quigley-Sime Park. h. Approval of a "Stride for Strive" race to be sponsored by the Lakeville/Farmington Rotary at Antlers Park on May 16, 1998. i. Change Order No. 3 with McNamara Contracting for paving of 195th Street and Juno Trail, Improvement Project 96-7. j. (Removed from consent agenda). k. Final acceptance of utility improvements in Kenridge 2nd Addition. 1. Final acceptance and final payment for District 2B repairs, Improvement Project 97-2. m. Resolution No. 98-52 prohibiting parking on CSAH 5; and Resolution No. 98-53 approving plans and specifications and Highway Design and Construction Agreement, Improvement Project 97-7. n. Resolution No. 98-54 authorizing preparation of plans and specifications for Ipava Avenue/185th Street intersection improvements, Improvement Project 98-7. o. (Removed from consent agenda). p. Resolution No. 98-56 authorizing preparation of plans and specifications for rehabilitation of Lift Stations 1, 6, 12 and 13, Improvement Project 98-12. q. Joint Powers Agreement between the cities of Lakeville, Apple Valley, Rosemount and Farmington to contract with SKB Environmental for operation. and maintenance of a yard waste compost facility. r. Authorize participation in the Dakota County Environmental Education Wetland Evaluation Project. s. Resolution No. 98-57 approving a gambling permit for Lakeville VFW Post 210. t. Resolution No. 98-58 requesting consideration of a county roadside directional signage program. CITY OF LAKEVII.LE COUNCIL MEETING APRII.6,1998 PAGE 4 u. Resolution No. 98-59 amending the Lakeville Employee Handbook modifying the Safety and Health Policy. v. Agreement authorizing disbursement of Custom Design Builders escrow and letter of credit for Kingsley Cove 2nd Addition. w. Grant Agreement with the Metropolitan Council and Assignment and Assumption with the Dakota County HRA for the Lakeville Family. Townhome project. x. Cigarette license for Ole Piper Inn. y. Resolution No. 98-60 vacating a portion of a drainage and. utility easement at 9777 - 171 st Street West in Stonebriar 2nd Addition. z. Resolution No. 98-61 amending the 1998 General Fund Budget. aa. (Removed from consent agenda). Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. ITEM 8 Mayor Zaun opened the public hearing on the certification of delinquent utility accounts. The Deputy City Clerk attested to legal notices being duly published. and mailed. Mr. Feller presented the list of delinquent accounts proposed to be certified. Mr. Feller explained that utility customers received a penalty notice and letter. in addition to the legal notice. In addition to the delinquent .amount being certified, the City collects a $25 service charge and interest at the rate of 18% per annum. Mr. Feller recommended approval of the resolution certifying delinquent utility accounts in the amount of .$72,242.91.. Mr. Feller commented that this is lowest amount to be certified in over two years. 98.73 Motion was made by Holberg, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. 98.74 Motion. was made by Sindt, seconded by Holberg to approve Resolution No. 98-62 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer/Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 9 CITY OF LAKEVII,LE COUNCIL MEETING APRIL 6,1998 PAGE 5 • Mr. Dan Thornton, President of the Lakeville Hockey Association (LHA), stated Mr. Feller's memo dated October, 1997, outlined the proposed financing. for the construction and operation of a second sheet of ice. The LHA donated $35,850 in December, 1997, to defray the issuance cost associated with the $1,135,000 General Obligation Ice Arena Bonds. which were issued by the City. The City was recently awarded a $250,000 Mighty Ducks Grant by the Minnesota Amateur Sports Commission. Mr. Thornton stated the City Council had previously approved the Request for Proposals (RFP'sj for Architectural services related to the construction of the second sheet of ice. The Lakeville Ames Ice Arena Committee reviewed the five architectural proposals submitted and selected three for interviews. The Committee is recommending City Council approval of an architectural services agreement with DLR Group. The Committee also recommends approval of the Construction Management Agreement with Kraus Anderson, Inc., and finally, the Resolution authorizing execution of an Agreement for $250,000 Mighty Ducks Ice Arena Grant.. Mr. Thornton presented Mr. Feller with a check from the LHA for $20,000 as a down payment for .the architectural services.. Mr. Feller reviewed the financing. and recommendations for the construction of the second sheet of ice. Subject to City .Council approval of the Architectural and .Construction Management. Agreements, the Lakeville Ames Ice Arena Advisory committee will commence planning. and- design of a second sheet of ice on April 22, 1998. Construction bids are • proposed to be awarded in February, 1999, with a October 31, 1999. completion date. 98.75 Motion was made by Holberg, seconded by Mulvihill to approve the Architectural Services Agreement with DLR Group, approve Construction. Management. Services Agreement with Kraus Anderson, Inc. and to approve. Resolution No. 98-63 authorizing. execution of agreement fora $250,000 Mighty .Ducks Grant subject to the staff report dated March 30, 1998. Roll call was taken on the motion. Ayes, .Holberg, Ryan, Zaun, Sindt, Mulvihill. ITEM 10 Mr. David Licht stated .the Planning Tactics. and Planning Inventory Reports are part of Phase I of the Comprehensive Guide Plan. update. process. The Planning. Tactics Report document is subjective. based on interviews with specific representatives. With the. inclusion of the urban areas an addendum may be included following the next set of neighborhood meetings. The Planning Inventory Report document is objective; it is a statement of facts and figures about the community and its trends. Both.. documents are critical to the next stages.. of the. update when the policy plan. is put together and become the basis, both factual and objective, of the direction the community wants to go in the future. • Mr. Sobota indicated the first round of neighborhood meetings for the rural service areas were very successfizL He stated the Phase II process for the urban service areas will start with the Council's. approval of the Contract .for Professional Planning Services with NAC. CITY OF LAKEVILLE COUNCIL MEETING APRII, 6,1998 PAGE 6 He introduced Mr. Ron Mullenbach who identified the ro osed ei ht urban fanning district p p g p boundaries and the preliminary neighborhood meeting dates,. times and locations for the urban area along districts. Mr. Mullenbach stated the first round of neighborhood meetings are to identify issues in each district. Staff is proposing to notify residents and property owners in the urban service areas of the neighborhood meetings with an insert in the Life & Times, Cable TV broadcasting, letters to neighborhood associations and civic groups, and letters to Lakeville businesses. Mr. Sobota said staff is recommending approval of :the proposed Contract for Professional Planning Services with Northwest Associated Consultants, including the Work Plan for Phase II of the Comprehensive Guide Plan update. The Council discussed various ways in which property owners could be notified of the neighborhood meetings. Mr. Erickson stated staff will investigate methods to reach non- . resident property owners. Mr. Erickson said that subject to Council's approval, a letter will be sent to urban area property owners not residing. in Lakeville and an insert will be included in the Life & Times on Apri125, 1998, Mr. John Boland, 10241 205' Street West asked if notice of neighborhood meetings could be placed on the Internet and how much the contract with NAC is for. Mr. Erickson responded that notice would be posted on Lakeville's website. Councilmember Holber asked the Cit Council to consider a 'oint School Board and Cit g Y J Y Council meeting to discuss the location of a new high school. She feels it is important that the City has an opportunity to plan for a second high school. Councilmember Ryan .asked if the contract with NAC states the amount is not to exceed $52,000.. Mr. Erickson explained that the $52,000. amount is for the technical work, public meetings held as a result of the project are a part of the current NAC agreement. 98.76 Motion was made by Mulvihill,. seconded by Sindt to receive the Planning Tactics Report dated March, 1998, the Planning Inventory Report dated March, 1998, approve the proposed planning district boundaries and the proposed dates, times, and locations of the urban service area neighborhood meetings and proposed notification methods as identified, and approve Contract for Professional Planning Services with Northwest Associated Consultants. Roil call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 11 Mr. Lueders recommended the Council approve a six week extension of the current Cable TV Franchise Agreement to allow the necessary time to finalize the franchise agreement. He explained that. since the extension previously granted by the Council the list of outstanding issues has been reduced. Mr. Lueders stated if the extension is approved and negotiations between the City and Marcus Cable proceed as expected, a tentative agreement could be CITY OF LAKEVILLE COUNCIL MEETING APRIL 6,1998 PAGE 7 • presented to the Council for their approval at the May 18, 1998, City Council meeting. Mr. Erickson stated that in a press release issued today Microsoft co-founder, Paul Allen purchased Marcus Cable. Mr. Allen indicated that he may be able to knit together enough smaller cable systems to allow him to build a big platform for bringing new services such as internet access over cable lines. Marcus Cable is installing the .fiber-optic cable throughout the community.. The City is pursuing access to this system to establish awide-area network. Under the aforementioned scenario, the. City may be able to achieve the list possible terms with Marcus Cable and its subsidiary, Marcus Fiberlink on utilization of the fiber optic system. Councihnember Sindt suggested a three or six month franchise extension agreement. Mr. Lueders stated that if an agreement was not reached with Marcus Cable by the second week of May, the sub-committee would consider recommending a one or two year extension to the current franchise agreement. With the news concerning the possible sale of Marcus, Cable, Mr. Lueders anticipated knowing in the next several weeks whether the City can finalize the terms of the new franchise agreement, or if a longer extension is required. 98.77 Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 98-64 extending .the Cable TV Franchise Agreement subject to the staff report dated March 31, 1998.. • Roll call was. taken on the motion. Ayes, Zaun, Mulvihill, Holberg, Ryan. Abstained, Sindt. Councilmember Sindt abstained due to a possible conflict of interest as her daughter-in-law works for the law firm that represents Marcus Cable. ITEM 12 98.78 Motion was made by Mulvihill, seconded by Sindt to set a City Council work session for Wednesday, April 29, 1998 at 7:30 a.m.. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan,. Zaun. ITEMS 7A & 7J Councilmember Ryan stated he asked these two items. be removed from the consent agenda as he wished to abstain due to his company being involved with these two items. 98.79 Motion was .made by Holberg, seconded by Mulvihill to .approve consent agenda items 7a, claims for payment and. 7j, reimbursement for Heritage Drive improvements and trunk storm sewer improvements in Heritage Square Addition Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Zaun, Sindt. Abstained, .Ryan. CITY OF LAKEVII..LE COUNCIL MEETING APRII.6, 1998 PAGE 8 Councilmember Ryan reiterated that he wished to abstain due to his company being involved in these two items. ITEM 70 Councilmember Ryan removed Item 7o because he had questions relating to the engineer's estimate for piping at a cost of $250,000. He asked why the collection pipe for Well No. 12 was $150,000.less than the estimate for Well No. 13. Councilmember Ryan stated he did not feel this was the best possible use. of the property when there are .other open land sites available that could be purchased for much less than the cost of the property at 175th Street and Ipava Avenue. Mr. Nelson responded that the $250,000 included engineering and indirect construction cost of 25 percent. After deducting the 25 percent indirect cost the price is comparable to other projects. Mr. Nelson stated the CIP included the preliminary cost estimate. There will be no pump house and the well. site will be identical to the King Park and Eastview sites. Councilmember Holberg stated the Comprehensive Water. Plan identifies the need for future wells and how they are spaced. .She said that when the property was purchased, the local residents were told this property would be used as a well site, and that it would not be fair to those residents to sell the property for a different use. 98.80 Motion was made b Sindt seconded b Mulvihill to a rove Resolution No. 98-55 Y Y Pp authorizing plans and specifications for Well No. 13, Improvement Project 98-1 lA, and Well No. 13 collection pipe, Improvement Project 98-11B. Ayes, Holberg, .Zaun, Sindt, Mulvihill Nay, Ryan... Councilmember Ryan voted nay as he is opposed to spending in excess of $350,000 to locate a well at that site and as a result opening a door to locate a future well. in North Park. ITEM 7AA Mayor Zaun read a letter dated April 3, 1998, from Mr. Wahlstrom requesting Item 7aa be removed from the consent agenda and be tabled pending further School Board consideration.. 98.81 Motion was made by Sindt, seconded by Mulvihill to table to Apri120, 1.998, Item 7aa. Ayes, Ryan, Zaun, Sindt, Mulvihill. Nay, Holberg. Councilmember Holberg voted nay because she had spoken with the City Attorney concerning the time ne and that he informed her the City is no longer constrained to the 60 day timeline because the School District asked the City Council to table the item. 98.82 Motion was made by Sindt, seconded by Mulvihill to reconsider the. previous motion. CITY OF LAKEVII.LE COUNCIL MEETING APRIL 6, 1998 PAGE 9 The Council asked Mr. Knutson for clarification on the 60 day time line. Mr. Knutson stated that to table an item to a date certain or with no time line is the decision of the City Council... It is not an automatic rule and because of the School District's request to remove and table the item, the decision as to a date certain or no time line is the Council's choice. 98.83 Motion was made by Sindt, seconded by Mulvihill to table Item 7aa until ISD 194 requests the City take further action. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. UNFINISHED BUSINESS -None NEW BUSINESS Councilmember Sindt indicated the Council had interviewed Planning Commission candidate • Karl Drotning prior to tonight's meeting. 98.84 Motion was. made by Sindt, seconded by Mulvihill to appoint Karl Drotning to fill a vacancy on the Planning Commission for the remainder of a term. which will expire on January 1, 1999. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ANNOUNCEMENTS: Next regular Council meeting, April 20, 1998. Board of review April 7, 1998 at 7:00 p.m. Mayor Zaun adjourned the meeting at 9:05 p.m. Respectfully submitted, es a Gustafson, Deputy Cit Clerk Duan •Zaun, Mayo •