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Home My WebLink About11-20-2023 AGENDA CITY COUNCIL MEETING November 20, 2023 - 6:30 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting, Meeting ID: 267 706 322 550 or by calling Toll Number 1-323-433-2142; Conference ID: 848 709 193#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions a. Small Business Saturday Proclamation b. Police Officer Introductions - Oath of Office 6. Consent Agenda a. Check Register Summary b. Minutes of the 11/06/2023 City Council Meeting c. Legal Services Agreement with Taft Law for PFAS litigation d. Bolton & Menk Supplemental Agreement for Professional Services 2024 Collector Road Rehabilitation and Reconstruction e. Purchase of commercial water meters from Ferguson Waterworks f. Labor Agreement with Law Enforcement Labor Services, Inc. Local 384 (Lieutenants) for 2024 - 2025 g. Radio Advertising Agreement h. Labor Agreement with Law Enforcement Labor Services Local 177 (Sergeants) for 2024 - 2025 7. Action Items a. Resolution Ordering Improvements and Preparation of Plans for the 2024 Street Page 1 of 12 City Council Meeting Agenda November 20, 2023 Page 2 Reconstruction Project and Public Hearing b. Sundance Lakeville Comprehensive Plan Amendment and Zoning Map Amendment 8. Unfinished Business 9. New Business 10. Announcements a. Next Work Session Meeting November 27, 2023 b. Next Regular City Council Meeting December 4, 2023 11. Adjourn Page 2 of 12 Date: 11/20/2023 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview A summary of the claims paid during the period 10/25/2023 – 11/09/2023 is as follows: Checks 320734-320877 $1,638,763.45 ACH 14868-14993 $2,434,892.62 Electronic Funds Transfer (EFT) 20230529- 20230561 $1,668,507.89 Total $5,742,163.96 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 11.07.23 CKSUM 2. 11.07.23 CKREG Financial Impact: $5,742,163.96 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 12 Date: 11/20/2023 Legal Services Agreement with Taft Law for PFAS litigation Proposed Action Staff recommends adoption of the following motion: Move to approve legal services agreement with Taft Law contingent on final attorney fee negotiation by the City Administrator. Overview At the October 23, 2023, City Council work session staff presented information on a multi- district litigation case against the manufacture of manmade chemicals Perfluoroalkyl and polyfluoroalkyl or PFAS. PFAS is a large group (more than 5,000) of manmade synthetic chemicals that have been used in a variety of industrial and consumer products since the 1940s. PFAS has been detected in water sources worldwide, leading to concerns about its impact on human health. Scientific studies have shown exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals with prolonged exposure to these chemicals. Multi-District Litigation No. 2873 (“MDL”) includes all the groundwater cases with PFAS contaminants that have been transferred to a U.S. District Court. The MDL are against 3M and Dupont to resolve claims for PFAS contamination in public drinking waters. Virtually all public water systems that have PFAS detections in at least one of their supply sources are eligible to receive funds to recover clean-up costs. Lakeville water has tested positive for small traces of PFAS, so Lakeville is eligible to be part of the class action lawsuit. At the October 23, 2023, work session staff was directed to enlist the services of a law firm to represent the City for PFAS litigation. Staff recommends the city enter into an agreement with Taft Law. Taft Law has extensive experience with the PFAS litigation work. The attorney’s fee would be paid out of any settlement money the city would receive. Staff is still negotiating the attorney’s fee and is recommending the City Council approve the legal services agreement contingent on final attorney fee negotiation by the City Administrator. Supporting Information 1. Taft Law Agreement 2. Resolution Taft Law agreement Financial Impact: $0.00 Budgeted: No Source: Settlement funds Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Paul Oehme, Public Works Director Page 4 of 12 Page 5 of 12 Date: 11/20/2023 Bolton & Menk Supplemental Agreement for Professional Services 2024 Collector Road Rehabilitation and Reconstruction Proposed Action Staff recommends adoption of the following motion: Move to approve Bolton & Menk supplemental agreement for professional services for engineering of the 2024 Collector Road Rehabilitation and Reconstruction, City Project 24-03. Overview The City Council approved a supplemental agreement for preliminary engineering and feasibility report on August 21, 2023. City staff is advancing the 2024 Collector Road Rehabilitation and Reconstruction, City Project 24-03, through final engineering. City Project 24-03 is programmed for construction in 2024 in the adopted five-year Capital Improvement Plan (2024-2028) and includes the reconstruction of Ipava Avenue from Indiana Avenue to 185th Street, the rehabilitation of Indiana Avenue from Ipava Avenue to Dodd Boulevard, and the rehabilitation of 175th Street from Jonquil Avenue to Ipava Avenue. Proposed improvements include roadway rehabilitation and reconstruction, spot curb and gutter replacement, trail improvements, and minor public utility maintenance. Bolton & Menk's supplemental agreement includes the scope of services and estimated cost to complete the preliminary and final engineering for 175th Street and the final engineering for Ipava Avenue and Indiana Avenue, and is subject to the Master Services Agreement dated September 20, 2021. Supporting Information 1. 175th Street Project Location Map 2. Ipava Avenue and Indiana Avenue Project Location Map 3. Bolton & Menk Proposal Financial Impact: $68,300 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Lucas Ritchie, Civil Engineer Page 6 of 12 Date: 11/20/2023 Purchase of commercial water meters from Ferguson Waterworks Proposed Action Staff recommends adoption of the following motion: Move to approve purchase of commercial water meters from Ferguson Waterworks Overview Lakeville provides metered water service to all commercial and industrial businesses. This order replenishes the meter inventory staff uses for repairs and for new construction. The City uses only Neptune meters for all water meters for standardization purposes and Ferguson Waterworks is the only supplier of Neptune meters in the state. Staff was notified there is an 8-to-10-month lead time from the manufacturer of meters. The Utilities Division requested a proposal from Ferguson Waterworks for compatible water meters used in our meter reading system. Ferguson Waterworks provided a proposal of $106,560.00. These meters are anticipated to meet the needs for commercial and industrial applications for 2024. Staff recommends approval of the purchase. Supporting Information 1. Commercial Meter Quote Financial Impact: $106,560.00 Budgeted: Yes Source: Water Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Shane Quade, Utilities Superintendent Page 7 of 12 Date: 11/20/2023 Labor Agreement with Law Enforcement Labor Services, Inc. Local 384 (Lieutenants) for 2024 - 2025 Proposed Action Staff recommends adoption of the following motion: Move to approve the labor agreement between the City of Lakeville and Law Enforcement Labor Services, Inc. Local No. 384 for 2024-2025. Overview A two-year agreement has been reached with the Lieutenant’s union which will take effect on January 1, 2024 and continue through December 31, 2025. This agreement will provide a 3% increase to wages effective January 1, 2024; and a 3% increase effective January 1, 2025. Employees currently at step 7 in 2023 and are meeting performance expectations, will transition to step 8 on July 1, 2024. This agreement provides for health insurance and life insurance identical to non-union employees. They will also receive a $100 annual increase for uniform allowance. Sixteen hours of vacation and Paid Time Off (PTO) were added to the leave accrual schedules beginning at the 25th year of employment. Juneteenth holiday was also added to the agreement. Changes were reviewed by the Personnel Committee. Supporting Information 1. LT Labor Agreement 2024 - 2025 Redline v.3 2. LT Labor Agreement 2024 - 2025 Final Financial Impact: $ Budgeted: Yes Source: Various Funds Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Tammy Schutta, Human Resources Manager Page 8 of 12 Date: 11/20/2023 Radio Advertising Agreement Proposed Action Staff recommends adoption of the following motion: Move to approve the Radio Advertising Agreement for the myTalk 107.1 IMPACT PLAN in the amount of $29,820.00. Overview The 2019 Lakeville Area Arts Center Strategic Plan included a goal to “Diversify our marketing practices”. In 2021 and 2022, LAAC has worked to raise awareness of our programming through a partnership with Hubbard Broadcasting. Building off the success of that program, we look to extend the campaign for an additional 12 months, utilizing funds from the Operating Support Grant through the Minnesota State Arts Board and the LAAC Advertising budget for ads on myTalk 107.1 radio with the goal of raising awareness of the Arts Center and ultimately driving ticket sales and classroom attendance for our upcoming events and programs. Supporting Information 1. Radio Advertising Agreement-2024 Financial Impact: $29,820.00 Budgeted: No Source: Arts Center Operating Grant Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Joe Masiarchin, Arts Center Manager Page 9 of 12 Date: 11/20/2023 Labor Agreement with Law Enforcement Labor Services Local 177 (Sergeants) for 2024 - 2025 Proposed Action Staff recommends adoption of the following motion: Move to approve the labor agreement between the City of Lakeville and Law Enforcement Labor Services, Inc. Local No. 177 for 2024 -2025. Overview A two-year agreement has been reached with the Sergeant’s union which will take effect on January 1, 2024, and continue through December 31, 2025. This agreement will provide a 3% increase to wages effective January 1, 2024; and a 3% increase effective January 1, 2025. Employees currently at step 7 in 2023 and are meeting performance expectations, will transition to step 8 on July 1, 2024. This agreement provides for health insurance identical for non-union employees. They will also receive a $180 annual increase in uniform allowance. Juneteenth holiday was also added. This agreement will provide a cardio exam reimbursement up to $400 for an employee's out of pocket expense not covered by health insurance or other funding sources every 3 years. The changes were reviewed with the Personnel Committee. Supporting Information 1. LELS Sergeants Agreeement 2024-2025 redline v2 2. LELS Sergeants Agreement 2024-2025 - Final Financial Impact: $ Budgeted: Yes Source: Various Funds Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Tammy Schutta, Human Resources Manager Page 10 of 12 Date: 11/20/2023 Resolution Ordering Improvements and Preparation of Plans for the 2024 Street Reconstruction Project and Public Hearing Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution ordering the improvements and authorizing the preparation of plans and specifications for the 2024 Street Reconstruction Project, City Project 24-02. Overview At its October 16, 2023 meeting, the Lakeville City Council received a Feasibility Report for the 2024 Street Reconstruction Project and set a public hearing for November 20, 2023. Notice of the public hearing was published and forwarded to the affected property owners, pursuant to the requirements of Minnesota Statues, Chapter 429 for local improvements. Staff will share a brief presentation prior to the public hearing providing a project summary, estimated project cost, description of the proposed assessment area, estimate of the amount to be assessed and explanation of the City’s Assessment Policy. Supporting Information 1. CP2402_Resolution Ordering Improvements Financial Impact: $3,100,033 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Ferraro, Public Works Coordinator Page 11 of 12 Date: 11/20/2023 Sundance Lakeville Comprehensive Plan Amendment and Zoning Map Amendment Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution amending the 2040 Comprehensive Plan, and 2) an ordinance amending the Zoning Map and adoption of findings of fact for Sundance Lakeville. Overview Timberland Partners, Inc. representatives are requesting approval of an amendment to the 2040 Comprehensive Plan to re-guide property from Commercial and Medium Density Residential to Corridor Mixed Use and Low/Medium Density Residential and a Zoning Map amendment to rezone the property from C-3, General Commercial District and RM-1, Medium Density Residential District to M-1, Mixed Use I-35 Corridor District and RST-2, Single and Two Family Residential District for Sundance Lakeville, which proposes 167 stacked flat townhouse units within 13 buildings, 9 single family residential lots, and two office/commercial lots on 17.25 acres located north of 162nd Street (CSAH 46) and west of Buck Hill Road. The City Council considered a similar development request for this same property in 2021 that included 188 stacked flat townhouse units in 18 buildings and 9 single family lots but no office/commercial lots. The City Council considered the request at its September 7, 2021 meeting and the motion for approval failed on a 3-2 vote; a 4/5th vote is required for Comprehensive Plan amendment approval. The Planning Commission held a public hearing on the Comprehensive Plan and Zoning Map amendment applications at their October 19, 2023 meeting. There was public comment from three neighboring residents at the public hearing. The Planning Commission and staff addressed the resident comments and questions and the Planning Commission unanimously recommended approval of the Comprehensive Plan and Zoning Map amendments. Supporting Information 1. Resolution and Supporting Documents Financial Impact: $0.00 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Frank Dempsey, Associate Planner Page 12 of 12