HomeMy WebLinkAbout02-17-98 CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 17, 1998
The meeting was called to order by Mayor Zaun at 7:00 p.m. 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. Volk, Director of Operations & Maintenance; J.
Hennen, Administrative Assistant; C. Friedges, City Clerk.
MINUTES
The minutes of the February 2, 1998, City Council meeting were approved as
presented.
STAFF ANNOUNCEMENTS
ATTORNEY: None
ENGINEER: None
ADMINISTRATOR: Mr. Erickson provided additional information for agenda
Item 9. Mr. Erickson asked the Counciltoconsider, under New Business,
establishing a work session to be held during the week of March 16tH
PARKS & RECREATION DIRECTOR: Mr. Michaud presented the January,
1998, Parks & Recreation Department monthly report.
CHIEF OF POLICE: Chief Martens presented the 1997 Police Department
Annual Report.
PRESENTATIONS/tNTRODUCTiONS
Keith Nelson, City Engineer, re-introduced Heidi Hamilton and recognized Heidi
for recently achieving Professional Engineer status.
Don Volk, Director of Operations & Maintenance, recognized Brian Anderson
on completion of a Minn: Public Works Association Public Works Certificate.
CITY OF LAKEVILLE COUNCIL MEETING.
FEBRUARY 17, 1998
PAGE 2
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CITIZENS' COMMENTS
John Young, 16275 Hudson Avenue, President of the Lakeville Small Business
Association, submitted a letter. requesting disclosure of all City employees of
their business ownership and land ownership interests within the City of
Lakeville (except for their homes) and set a policy requiring ali City employees
to disclose business ownership and. land ownership interests to the City.
Council for review. He further requested information regarding the City's policy
of prohibiting City Council members from attending City staff meetings.
Gene Hokenson, 6872-162"a Street West, stated he and his wife would .like to
go on record opposing any video taping of Council work sessions, as they do
not want their tax dollars paying the additional costs for cable access and staff
time. He asked if the Lakeville Small Business Association has given the City a
membership list and ownership list of their members' assets; he also asked if
any of the Small Business Association members have ties with City Council
members or staff persons.
John Boland, 10241 205th Street, stated it was his understanding that the cable
franchise fees pay for televising Council meetings. Mr. Boland also voiced a
concern regarding a snow pile at the Muller Theatre which obstructs the view of
the theater. Mr. Knutson stated the City has no authority to tell property
owners where to pile. their snow. Mr. Erickson stated the City will be posting
signs at the I-35 exits to help direct motorists to the theatre.
CONSENT AGENDA
Mayor Zaun asked that Item 7m be removed from the consent agenda and
considered after Item 12 on the agenda. Councilmembers also removed Items
7g and 7o for consideration after the regular agenda items.
98.37 Motion was made by Sindt, seconded by Holberg to approve the consent
agenda items as follows:
a. Claims for payment.
b. December investment report.
c. Receive minutes of the January 27th and February 5th Economic
.Development Commission meetings.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 17, 1998
PAGE 3
d. Resolution No. 98-18 calling a public hearing on the certification of
delinquent utility accounts.
e. Request for Proposals for architectural services for construction of a
second sheet of ice adjacent to Lakeville Ames Arena.
f. Contract amendment with Cramer Building Services for City Hall HVAC.
g. (Removed from consent agenda)
h. Resolution No. 98-20 approving a gambling permit for Ducks Unlimited,
Chapter 152..
i. Resolution No, 98-21 approving a gambling permit for Dakota Great
Swamp Chapter of Minnesota Waterfowl Association.
j. Resolution No. 98-22 authorizing reimbursement for use of personal auto
on City business and establishing the policy, requirements and conditions
for the claim.
i k. Final acceptance of utility improvements, Interlachen Glen Addition.
L Resolution No. 98-23 accepting a donation from St. John's Lutheran
Church to Meals on Wheels.
m. (Removed from consent agenda)
n. Election of Danny Barth as Assistant Fire Chief for a three year term.
o. (Removed from consent agenda)
p. Resolution No. 98-25 accepting the donation of flags from Lakeville VFW
Post .210.
Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg.
ITEM 8
Dakota County Commissioner Paul .Krause introduced Mike Turner, County
Commissioner and President of the I-35W Solutions Alliance. Mr. Turner
explained that one of the primary goals of the 1-35 Solutions Alliance was to
provide transit alternatives and alternate routes for motorists in order to relieve
CITY OF LAKEVtLLE C®UNCIL MEETING
FEBRUARY 17, 1998
PAGE 4
the congestion on I-35. He outlined specific items included on the I-35W
Solutions Alliance legislative agenda, such as transit stations at designated
locations along I-35W, a new bridge at 1-35 and County Road 70 in Lakeville, a
transit way in the Hiawatha corridor and express lanes on I-35W from I-494
north to I-94.
Bob Tennesson, former State legislator, explained that a group of cities,
counties, and representatives. of the construction industry and trade
organizations have formed a coalition which is trying to emphasize to the State
legislature and public the need for sufficient funding to meet the infrastructure
needs across the state. He stated the I-35W Solutions Alliance supports the
following:
• A constitutional amendment dedicating the motor vehicle sales tax to a
multi-modal transportation fund, funded by dedication of the motor vehicle
sales tax to be allocated between transit and highway by statute.
• Increasing the motor fuels tax of $.05 per gallon to fund roads and bridges.
• Transferring funding of the state highway patrol from the highway trust fund
to the general fund.
• Appropriating $100 million from the budget surplus for capital
improvements, $50 million for trunk highway turnbacks and an additional $9
million for the state infrastructure bank.
• State bonding of $34 million for local bridge replacement, and $30 million
for trunk highway bridge replacement.
• Creating an annual minimum base for transit appropriations from the multi-
modal fund.
• Continued dedication of the current level of motor vehicle registration fees
for use of the .trunk highway fund.
Mr. Turner indicated that within the $106 million dedicated for the Hiawatha
corridor is money for a transit way along Cedar Avenue and a new bridge and
..reconstruction of the intersection at County Road 70. They hope to accomplish
these projects during the current legislative session.
ITEM 9
Mr. Erickson introduced Luiji Bernardi, :President of Aurora Investments, who
requested Council consideration of their request to develop a retail center in
Town Square, which would include a major grocer and several other tenants.
Jack Amdahl of KKE Architects presented site plans and photographs of similar
retail centers built by Aurora Investments, Aurora Village in Burnsville and their
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 17, 1998
PAGE 5
most recent project, Chaska Commons. in Chaska. Rainbow Foods is the
anchor tenant at both of these retail centers.
Bob Vogel, Chairman, spoke on behalf of the Economic Development
Commission in support of this project. He highlighted some of the comments
made by members of the Commission. at its recent meeting. He emphasized
the Commission's expectation that the proposed Town Square project be
strategically tied to the historic downtown. (See Economic Development
Commission meeting minutes of February 5,1998, on file in the City Clerk's
office. )
Mr. Sobota provided an historical perspective of the "Town Square" concept
plan for the area north and west of City Hall. The concept was developed as
the: future center of the community for commercial, entertainment, institutional
and civic uses.. (See Memorandum from Robert Erickson, Dennis Feller and
.Michael Sobota dated. February 13, 1998, on file in the City Clerk's office.)
The site, he explained, will include the new Dakota County Heritage Library,
the Heritage Square condominium and townhouse units, drainage and ponding
improvements with a water feature to serve as a community focal point, the
retail center, City Hall, Police and Fire Stations.
Dennis Feller, Finance Director, presented a resolution for Council
consideration, consistent with action taken earlier this evening by the Lakeville
HRA, approving an amendment to the tax increment financing plan for Tax
Increment Financing (TIF) .District No. 3. Approval of the resolution would
approve a Redevelopment Agreement between Aurora Investments, Lakeville
Five and the City of Lakeville for this project. He explained that Aurora
Investments. will pay Lakeville Five $1.7 million as down payment for the land.
Pursuant to terms of the agreement, Aurora Investments will allow Lakeville
Five to receive the $1,897,000 from tax increment for land write-down on a
pay-as-you-go basis. Aurora Investments will construct all infrastructure within
the development and assume payment of all special assessments and storm
sewer connection .charges. They will also pay, in cash, the park dedication fee.
Mr. Erickson explained that after the resolution is approved, the developer and
land owner would close on the property, and Aurora Investment Group would.
proceed with infrastructure improvements this year. With the use of turnback
funds, 202"d Street will be upgraded this summer, with a full intersection at
Iberia Avenue to serve the retail center. The library is scheduled to open in
1999, and the retail center would be constructed in 1999. He asked the Council.
to consider naming the center, as proposed by the Bernardi family, Heritage
Commons.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 17, 1998
PAGE 6
Councilmember Sindt asked if the 202"d Street/Iberia Avenue improvement
would help the traffic situation on the south side of the street. Mr. Erickson
explained that 202"d Street would be expanded to a four-lane divided highway;
with expansion to the north. The south urban section would remain in tact.
The intersection would be signalized when warrants- are met.
Mayor Zaun stated he feels it is important to keep the downtown viable and link
this project to downtown, as expressed by members of the Economic
Development Commission.
Councilmember .Ryan expressed. his appreciation to the volunteer members of
the Economic Development Commission and commended their work. Mr.
Ryan questioned the requirement for a minimum 45,000 square foot grocery
store to be located in the retail center. He pointed out that the current grocery
store in downtown Lakeville is considerably smaller and, if they were to
.relocate, he asked if the minimum could be broken down. so that part of the
45,000 square feet can be sublet on a temporary basis until a grocery store of
that size is needed.
Mr. Bernardi indicated that the grocery stores today are typically larger than
45,000 square feet, .and they feel it should be 45,000 square feet at a
minimum.
Mr. Erickson explained that according to current markef information, in 1995
85% of Lakeville residents were grocery shopping in either Apple Valley or
Burnsville. In 1997 32% of the residents surveyed stated they would shop
regularly in Lakeville if it had a full service, "big box", grocery store, and an
additional 52% stated they would try it.
Councilmember Ryan asked staff to clarify the use of tax increment financing
for this. project.. Mr. Erickson explained that the increment is being generated
from the 96 units of condominium and townhouse units by Mr. Wensmann and
a small two-acre commercial parcel. This will pay for part of the previously
approved improvements in downtown, the upgrade of 202"d Street from
Holyoke to Dodd, and the land write-down provided to Lakeville Five, Inc.
Lakeville Five would get an annual increment on apay-as-you-go basis
through the year 2013.
Councilmember Holberg stated she feels that Lakeville residents are looking for
a large grocery. store. She pointed out that members of the Economic
Development Commission cautioned against under-sizing this project, due to
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 17, 1998
PAGE 7
the rapidly growing demand.
Mark Zweber presented a site plan for the proposed 18-hole executive golf
course, Emerald Greens, to be located just east of Holyoke Avenue and south
of 195th Street..
John Boland, 10241 205' Street West, asked about tax increment financing. for
this project and whether it benefits the community as a whole. Mr. Erickson
explained that the Wensmann project is generating the increment, along with
the two-acre parcel at the future intersection of Heritage Drive and Iberia
Avenue. Other than that, all of the tax revenue from this commercial center will
go directly to offset costs of School District 194, Dakota County and the City of
Lakeville.
98.38 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No.
98-26 approving amendment to Tax Increment Financing Plan for Tax
Increment Financing District No. 3; approving the execution of a
Redevelopment Agreement among the City of Lakeville, Lakeville Five, lnc.
and Aurora Investments, LLC; approving the issuance of a Tax Increment
Revenue Note and execution of a Tax Increment Pledge Agreement related
thereto; and authorizing the execution of related documents.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan.
Mr. Erickson stated the Bernardi group had previously recommended naming
the retail center, "Heritage Village". However, it was determined that the name
would compete with the existing Dakota City Heritage Village at the
fairgrounds. It was later recommended by KKE Architects that the retail center
be named, "Heritage Commons".
Economic. Development Commission members who were present indicated
that Heritage Village was preferred by the Commission in an effort to create a
village atmosphere and the strong commitment to tie this project into
downtown. However, they agreed to name the retail center Heritage
Commons, as the name "heritage" would still reflect an extension of downtown.
98.39 .Motion was made by Sindt, seconded by Holberg to name the retail center
proposed by Aurora Investments at County Road 50 and Dodd Boulevard
Heritage Commons.
.Roll call was taken on the motion. Ayes, Sindt, Mulvihill., Holberg, Ryan. Zaun
abstained due to his involvement with the Dakota City Heritage Village.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 17, 1998
PAGE 8
ITEM 10
Mr. Erickson presented a Site Lease Agreement with US West Wirelessy LLC,
for the placement of a PSC antenna on the Fairfield/McStop water tower. This
.type of antenna primarily serves the cellular industry. Mr. Erickson stated the
City encourages the use of water towers for placement of antennas in lieu of
having individual antennas located throughout the community. The proposed
lease includes an initial term of five years with two five-year renewal terms.
The rent payment for the initial term is $40,000. Mr. Erickson stated that the
City has seven antennas on Lakeville water towers, with another in the
planning stages, and will generate close to a million dollars in revenue from
them.
98.40 Motion was made by Holberg, seconded by Mulvihill to approve a Site Lease
Agreement with U.S. West Wireless, L.L.C., dated February 17, 1998.
Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt.
• ITEM 11
Mr. Nelson presented a resolution approving the dissolution of the Credit River
Water Management Organization. He explained that Scott County has
indicated a willingness to administer the watershed activities in accordance
with the Metropolitan Surface Water Management Act, as they have done for:
all other WMOs in Scott County. Mr. Nelson explained that- if the watershed
district boundary is changed,. the portion of the CRWMO that is not located in
Scott County, (Lakeville at 7.4% of the land area and Burnsville at 4.8% of the
land area), could join the Blackdog WMO since Scott County does not have
taxing authority in Dakota County. This would have to be approved by the.
Board of Water & Soil .Resources.
Mayor Zaun asked if the Scott County Comprehensive Plan will now reflect the
concerns of the Credit River WMO, since the comprehensive plans of Credit
River and. New Market Townships have not yet been commented on or
approved by the Metropolitan Council. He was concerned that the goals and
objectives established over the years by the Credit River WMO are not lost in
this process. Councilmember Ryan shared those concerns.
Mr. Knutson explained that if this part of Lakeville joins the Black Dog WMO,
the City would be participating in a more active organization with a more
professional staff than-the Credit River WMO.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 17, 1998.
PAGE 9
98.41 Motion was made by Holberg, seconded by Sindt to approve Resolution No.
98-27 approving the dissolution of the Credifi River Water Managemenfi
Organization.
Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill.-
ITEM 70
Councilmember Sindt suggested that the word "Marcus" in Paragraph 3 of the
proposed resolution be removed so that it reads, "...in the cable franchise
area..." She indicated that this would avoid having to amend the resolution if
the cable franchise is sold to another company.
98.42. Motion was made by Sindt, seconded by Mulvihill to approve Resolution No.
98-24 amending Resolution No. 90-30 concerning the Cable TV Board.
Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg.
ITEM 12
98.43 Motion was made by Holberg, seconded by Mulvihill to appoint Bruce Skipton
as an alternate member of the Planning commission for a term which will expire
on January 1, 1999.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan.
98.44 Motion was made by Mulvihill, seconded by Sindt to appoint William Rosselit
and Clay VanDeBogart to the Environmental Affairs Committee for terms which
will expire on January 1, 2000.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun.
98.45 Motion was made by Sindt, seconded by Holberg to appoint ISD 192
representative Rosalyn Pautzke and alternate Robert Crumpton to the Cable
TV Board for terms which will expire on January 1, 1999.
Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun,~Sindt.
ITEM 7G
Councilmember Ryan asked about funding for the proposed trail along 205"'
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 17, 1998
PAGE 10
Street to the Muller Theatre. Mr. Erickson explained that it was identified at
approximately $75,000 to extend the trail from its present terminus at Kansas
Avenue to Keokuk Avenue. When the Capital Improvement Plan budget is
brought to the City Council in March, staff will identify the funding source so
that the trail can be constructed as quickly as possible in 1998. He pointed out
that funding will most likely come from the Public Works Reserve Fund.
Councilmember Ryan also asked about funding that was identified for the trail
along the east side of Ipava Avenue. Mr: Erickson stated the trail is already in
place, and the trail fund is providing the final payment for the project.
98.46 Motion was made by Ryan, seconded by Holberg, to approve Resolution No.
98-19 approving. the 1998 trail dedication fund budget.
Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill...
ITEM 7M
Mayor Zaun asked Chief Martens to explain the purpose behind the proposed
lease agreement with Gopher. Outside Storage. Chief Martens explained that a
new State law regarding DWI enforcement requires the Police Department to
seize the vehicle involved in a third offense DWI arrest. The seized vehicles
must be held a minimum of 30 days, prior to expiration of the owner's right to
challenge the forfeiture. He indicated that the Police Department has seized
seven vehicles since January 1st and, based on previous years' DWI arrests,
can anticipate 30 to 50 such seizures per year. Gopher Outside Storage
provides adequate security for storing these vehicles, and they have quoted a
very reasonable rate.
98.47 Motion was made by Mulvihill, seconded by Holberg to approve an Agreement
:with Gopher Outside Storage.
Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg.
UNFINISHED BUSINESS
Mayor Zaun discussed a request from Pat Harvey at the February 2"d Council
meeting to obtain an Attorney General's opinion regarding conflict of interest
relative to City Council members. Councilmember Ryan stated that he and his
attorney had done extensive research on this matter prior to his taking office, of
which they received approximately 16 opinions from the Attorney General. He
offered his research to the City Attorney or anyone else who would request this
CITY OF LAKEVILLE COUNCIL MEETING
.FEBRUARY 17, 1998
PAGE 11
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information.. He expressed his desire to bring this subject to closure. Mayor
Zaun indicated that he felt Councilmember Ryan's information could be
submitted to the City Attorney, in lieu of the City Council seeking an additional
Attorney General's opinion on the matter.
Councilmember Sindt stated that although she respects Councilmember
Ryan's research, she would prefer that the Council proceed in obtaining an
Attorney General's opinion, as this information is being requested of the City
Council from the general public. Councilmember Holberg stated she feels
these questions need to be answered and would be willing to allow the City
Attorney to initially review the research compiled by Councilmember Ryan.
Councilmember Mulvihill stated she feels the conflict of interest issue affects all
Councilmembers, possibly more so than was recently realized... She was also
willing to forward Councilmember Ryan's information to the City Attorney and
agreed that this matter should be resolved.
Councilmember Mulvihill went on to voice her disappointment with comments
and. requests made by John Young, representing the Lakeville Small Business
Association, under Citizens' Comments. She explained that the job of the
Lakeville City Council is to set policy but not administer the City; and the
Council has made it a policy not. to interfere with the day to day working of the
staff. She stated formal city policies of this nature are generally not necessary.
She stated she feels that as a group, the City Council and staff try very hard to
do what is right for the community as a .whole, and she does not appreciate the..
staff bashing and innuendoes that have cast a shadow over the Council and
staff the past few months.
98.48 Motion was made by Sindt, seconded by Mulvihill to allow Councilmember
Ryan's research to be given to the City Attorney, and anyone else that
requests it, and direct the City Attorney to work with the Attorney General's
office to address the questions and clarify the laws with regard to conflicts of
interest.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg. Ryan
abstained.
NEW BUSINESS
Councilmember Ryan asked what could be done to obtain a traffic signal on
County Road 46 at the (-35 south exit ramp, which has become a very
dangerous situation. Mr. Erickson stated a resolution requesting a traffic signal
at that location could be drafted for the Council's consideration and then
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 17, 1998
PAGE 12
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forwarded to the appropriate state officials.
98.49 Motion was made by Holberg, seconded by Sindt to direct staff to draft a
resolution requesting the installation of a traffic signal on County Road 46 at
the I-35 south exit ramp.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun.
98.50 Motion was made by Holberg,. seconded by Mulvihill to hold a Council work
session on Wednesday, March 18th, from 8:00 to 10:30 a.m.
Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt.
Mayor Zaun adjourned the meeting at 10:18 p.m.
Respectfully submitted,
Charlene Friedges, City CI k
Dua a Zaun, Ma o
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