HomeMy WebLinkAbout05-15-95 GITY OF LAKEVILLE COUNCIL MEETING
.MAY 15, 1995
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 Johnson, Sindt, Mulvihill,
Harvey and Mayor Zaun. Also present: R. Knutson, City Attorney; B.
Erickson, City Administrator; K. Nelson, Gity 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; L. Gustafson, Assessment Clerk; C. Friedges, City
Clerk.
MINUTES
The minutes of the May 1, 1995, City Council meeting were approved as
presented.
STAFF ANNOUNCEMENTS
ATTORNEY: None.
ENGINEER: Mr. Nelson provided copies of a letter from the Vujovich Law Firm
representing Mr. & Mrs. Wade Lowry, Agenda Item No. 8.
ADMINISTRATOR: Mr. Erickson provided additional. information for Agenda
Items No. 10 and 12. He also asked-the Council to consider, under New
Business, a letter of resignation from Planning Commission member Christine
Steigerwalt.
ADMINISTRATIVE ASSISTANT: John Hennen presented the 1994 Recycling
Program Annual Report.
PARKS & RECREATION DIRECTOR: Steve Michaud presented the April,
1995, monthly Parks & Recreation Department Report.
.CHIEF OF POLICE: Chief Martens presented. the April Police Department
monthly report. Chief Martens introduced Police Reserve Ron Maynard, who
serves as the Police Department's chaplain. Mr. Maynard provided a brief
overview of his recent trip to Oklahoma Gity, where he provided assistance to
victims' families and emergency personnel
CITY OF LAKEVtLLE COUNCIL MEETING
MAY 15, 1995
PAGE 2
PRESENTATIONStINTRODUCTIONS
Chief Martens. introduced Lieutenant Dave Bellows and Reserve Chief Ahr,
who presented retirement plaques to Police Reserve Officers Janet Schatzlein
.and Milo Stephens,
Representative Bill Macklin provided a legislative update which included the
following issues: Orfield legislation, Metropolitan Livable Communities Act, tax
increment financing reform bill, interest on municipal and state bonds, and
consideration of a proposal by the. Tax Conference Committee on a property
tax. freeze.
Councilmember Sindt presented to the City Council, on behalf of ALF
Ambulance, a proclamation for Emergency Medical Services V1/eek.
95.96 Motion was made by Harvey, seconded by Mulvihill to proclaim the week of
May 14-20, 1995, as Emergency Medical Services Week in Lakeville.
• Roll call was taken on the motion.. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey..
Ms. Shannon Bai ey, Lakeville's representative to the Dakota Alliance for
Prevention, .presented the 1994 Dakota Alliance for Prevention Annual .Report.
Liquor Manager Judy Perron introduced Ms. Lyn Olson, Head Sales
Clerk/Cashier at Liquor Store No. 3.
Cable Coordinator Chris Oace introduced Ms. Cecile Finley, Production
Assistant.
CITIZENS' COMMENTS
Mr: Gene-Rechtzigel, 19799 Juno Traii, read a letter to the City Council voicing
his opposition to the condemnation of his neighbor's land and the City's use of
condemnation for park land acquisition. He requested the City Council
consider allowing him to purchase the Christian house and buildings on
approximately 1-1 /2 acres.
95.97 Motion was made by Harvey, seconded by Mulvihill to receive the letter from
• Gene Rechtzigel.
CITY OF LAKEVILLE COUNCIL MEETING
MAY 15, 1995
. PAGE 3
Roll call was #aken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
CONSENT AGENDA
<Counc'rlmembers removed item 7ffrom he consent agenda. Councilmembers
added° item 18a, resignation of Planning Commission member Christine
Steigerwalt, to the consent agenda. '
95.98 Motion was made by Mulvihill, seconded by Sindt to approve the consent
agenda items as follows:
a. Claims for payment.
b. April, 1995, investment report.
c. Receive minutes of the following advisory committee meetings:
.Planning Commission,. May 4th
Parks & Recreation Committee, April 26th and May 3rd
Environmental Affairs Committee, May 2nd
Cable N Board, April25th
Snowmobile Task Force, April 26th
d. Change Order No. 3 with NewMech Companies, Inc. for Pumphouse No.
10, #mprovement Project 94-98.
e. Resolution No. 95-92 receiving feasibility report, authorizing SEH to
prepare plans and specifications and calling a public hearing for District
2A sealcoating, Improvement Project 94-8.
f. .(Removed from consent agenda).
g. Resolution No. 95-94 approving plans and specifications for Phase One
park bond referendum projects and etting a bid:date.
fi. Resolution No. 95-95 establishing no fishing/no parking on Icalee Path
and 202nd Street.
i. Receive letter #rom Marcus Cable regarding renewal of the cable TV
franchise.
CITY OF LAKEVILLE COUNCIL MEETING
MAY 15, 1995
PAGE 4
j. Resolution No. 95-96 accepting donation from the Lakeville Lions Club to
the Parks & Recreation Department.
k. Resolution No. 95-97 accepting donation from the Knights of Columbus to
the Parks & Recreation Department.
1. Authorize sabmittal of 1:995-96 snowmobile and cross country ski trail
grant applications.
m. Joint Showmobile Agreement between the City of Farmington and the City
of Lakeville.
n. Professional Services Agreement with Gene L, Jacobson, Land Surveyor.
o. Tree Service Operator license for Asplundh Tree .,Expert Company.
p. Resolution No. 95-98 accepting donation from VFW Post 210 for the
Meals on Wheels program.
q. Cigarette license for Budget Mart-Lakeville South, 8333-210th Street W.
r. Stipulation of Settlement with Edward and Ellen McMenomy and Samuel
and Shirley Hertogs, Improvement Project 89-1.
s. Change orders for Lakeville Ames Arena project.
t. Resolution No. 95-99 appointing members to the Employee.Relations
Evaluation Committee.
18a. Accept letter of resignation from Planning Commission member Christine
Steigerwalt.
Roll call was taken on he motion.Ayes,: Sindt Mulvihill, Marvey, Johnson,.
Zaun.
ITEM 7F
95.99 Motion was made by Sindt, seconded by Mulvihill to table consideration of a
resolution awarding contract for Liquor Store point of sale cash registers until
the June 5, 1995, Council meeting.
•
CITY OF LAKEVILLE COUNCIL MEETING
MAY 15, 1995
. PAGE 5
Roll cal! was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sundt.
ITEM 8
Mayor Zaun opened. the continued-public hearing on sanitary sewer,
wa#ermain and street improvements to 202nd Street in the Marion Heights
area, Improvement Project 93-12. City Engineer Keith Nelson reported that as
of this evening, all Right of Entry/Waiver of Assessment Appeal forms have
been returned from property owners involved, including a letter from the
Vujovich Law Firm on behalf of Mr. & Mrs. Lowry. Staff recommends ..approval
of the resolution ordering public improvements and preparation of plans and
specifications.
There were no comments or questions from the audience.
95.100 Motion was made by Johnson, seconded by Harvey to close the public hearing
on Improvement Project 93-12.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sundt,
Mulvihill
95.101 Motion was made by Harvey, seconded by Sindt to approve Resolution No. 95-
100 ordering public improvement and preparation of plans and specifications
for sanitary sewer, watermain, street and trail improvements, 202nd Street in
the Marion Heights area, Improvement Project 93-12.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 9
Mayor Zaun, opened the public fiearing on the application of Twin Cities
Stores, Inc. for an :off-sale :non-intoxicating malt liquor license for the Fina store
at 7468-167th Street W. The City Clerk attested to legal notice publication.
Police Chief Martens stated background investigations have been completed
on the officers of the company and manager of the store, and all are in good
standing. The police department has no objection to the granting of the
license. as requested. There were no questions or comments from the
• audience.
CITY OF t.AKEVILLE COUNCIL MEETING
MAY 15, 1995
PAGE 6
95.102 Motion was made by Mulvihill, seconded by Johnson to close the public
hearing.
Roll call was taken. on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,.
.Johnson.
95:103 Motion was made by Sindt, seconded by Mulvihilfito grant an off-sale non-
intoxicating malt liquor license to Twin Cities Stores, Inc. for the Fina store at
7468-167th Street West.
Roll. call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
ITEM 10
Mr. Feller presentedresolutions awarding the sale of four General Obligation
Improvement Bonds as follows:
. Series 1995A, for financing of the downtown improvement projects;
Series 1:9958, for financing Fairfield Business Campus improvements;
Series 1995C, for financing land acquisition and grading associated with
Fai~eld Business Campus and the New Morning Windows project;
Series 1995D, for financing the construction of pumphouse and well No. 9 and
10, watermain construction and the North Park water. tower.
Mr. Ron Langness of Springsted, Inc. presented the bid results. He reported
that Moody's fins confirmed the City's A bond rating for these bond issues.
Councilmember Harvey pointed out that the LakeviNe and Farmington school
district bond ratings have been lowered to a Baa rating. In light of the fact that
purchasers of the 1.995 Series A, C & D bonds acquired bond insurance to
establish a AAA rated bond, .Councilmember Harvey asked about the cost for
insurance on these bond issues ifithe City of Lakeville-.had a Baa rating
instead of its A rating.
Mr. Langness stated it would have cost the City approximately $15,000 to
$20,000 more per bond issue if it had a Baa rating.
95.104 Motion was made by Johnson, seconded by Harvey to approve the following:
. Resolution No. 95-101 relating to $4,450,000 General Obligation
Improvement Bonds, Series 1995A; awarding the sale, fixing the form and
CITY OF LAKEVILLE COUNCIL MEETING
MAY 15, 1995
i PAGE 7
details and providing for the execution. and delivery .thereof and security
therefor.
• Resolution No. 95-102 relating to $2,350,000 General Obligation
Temporary Tax Increment Bonds, Series 19958; awarding the sale, fixing
the form and details and .providing for the execution .and delivery thereof
and ecurity therefor.
• Resolution No. 95-103 relating to $1,415,000 General Obligation Taxable
Tax Increment Bonds, Series 1995G; awarding the sale, fixing the form and
details and providing for the execution and delivery thereof and security
therefor.
• Resolution No. 95-104 relating to $2,850,000 General Obligation Water
Revenue Bonds, Series 1995D; awarding the sale, fixing the form and
details and providing for the execution and delivery thereof and security
therefor.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
ITEM 11
Mr. Feller presented a resolution calling for redemption of the outstanding
General Obligation Tax Increment Refunding Bonds, Series 19878. He
explained that in 1981 the City issued $775,000 of G.O. Tax Increment bonds
for the construction. of Fire Station No. 1. The tax increments from the
Despatch Industries expansion were pledged to the repayment of the bonds.
The debt service fund currently has enough cash and receivables to pay all
outstanding bonds and accrued interest. Any remaining balance and future
increments from the Despatch Industries TIF district will be pledged to the
1995A bond issue, which is being utilized to finance the downtown
improvements.
95..105 .Motion.-was made by Harvey, seconded by Mulvihill to approve Resolution No.
95-105 cal ing for redemption of the outstanding General Obligation Tax
Increment Refunding Bonds, Series 19876.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
ITEM 12
Mr. Bart Winkler, representing Winkler Development, requested approval of
the final plat of Lakeview Estates, which consists of 37 single family residential
CITY OF LAKEVILLE COUNCIL MEETING
MAY 15, 1995
PAGE 8
lots located on the south side of 205th Street and east of Kenrick Avenue. Mr.
Dale. Pexa requested Council consideration of the. acquisition of a portion of
his property for a park and street right-of-way..
Mr. Sobota explained that as an integral part of this development, staff met
with the adjacent property owners, the Pexas, regarding acquisition of future
right-of-way for205th Street, Kensington Boulevard and a neighborhood park.
Staff is recommending approval of a purchase agreement with the Pexas for
the 9.0406 acre park parcel and right-of-way for 205th Street and Kensington
Boulevard (east half) in the amount of $122,577. Mr. Sobota .pointed out that
the park dedication fees for the first phase of Lakeview Estates ($24,050) will
be used by the City as down payment for acquisition of the Pexa parcels. The
transaction also includes a credit for future park dedication for the proposed
Pexa residential subdivision south. of the park and north of Fairfield Business
Campus. Staff recommends approval of the final plat of Lakeview Estates.
Mr. Michaud presented a proposed concept. plan for the Pexa property
neighborhood park. He stated that three or four concepts wil be presented to
the Parks & Recreation Advisory Committee and the nearby residents for their
review and recommendation. A formal. master plan will then be developed
based on the inputreceived.
Councilmember Sindt asked how residents will safely cross 205th Street to
access the .neighborhood park.. Mr. Michaud explained that there will
eventually be several crossing areas available.
Councilmember Harvey asked how many house pads in Lakeview Estates will
be constructed on fill. The City Engineer stated that two lots will have a
maximum of three to four feet of fill under :portions of the house pads.
Councilmember Harvey recommended that lot 1, block 2, be allowed to go
through one freeze/thaw cycle before a home is built on it to allow for any
-settling. (This lot being in the first development phase.) The developer
concurred with this. recommendation.
95.106 Motion was made by Johnson, seconded by Harvey to approve Resolution No.
95-106 approving the final plat of .Lakeview Estates, with the understanding
that lot 4, block 2, will not be built on until the spring of 4996.
Roll call. was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mul ihitl,
Harvey.
CITY OF LAKEVtLLE COUNCIL MEETING
MAY 15, 1995
• PAGE 9
95.107 Motion was made by Mulvihill, seconded by Sindt to approve the Real Estate
Purchase Agreement with Dale and Frances Pexa.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ITEM 13
Mr. Curtis Craig, 19710 Jersey Avenue, requested Council approval of the
vacation of a portion of public alley located in Block 22, Antlers Park.
Mr. Sobota explained that Mr. Craig intended to construct a new split rail fence
to replace the existing fence located in the alley. Upon receipt of a survey,
staff identified the encroachment of the Thomas and Annette Wahl detached
garage-into the public alley. A survey of the entire alley in Block 22 showed
the encroachment of Mr. Craig's fence, the Wahl garage, three wooden and
one chain link fence. City staff encouraged the Craigs and Wahls to seek
vacation of the entire alley. However, Mr. Ernest DarFlinger, a property owner
adjacent to the alley, expressed. opposition to the alley vacation.
Upon final analysis by the staff and Planning Commission, it was
recommended that one-half of the alley adjacent to the_Craig .property be
vacated. subject to the City receiving a public drainage and utility easement,
and the City enter into an encroachment agreement with the Wahls, which
would allow the encroaching garage to remain in its present.location until such
time as the garage is destroyed or removed.. A variance application for the
garage, which was previously submitted by the Wahls, has been withdrawn.
Staff recommends approval of the alley vacation and encroachment.
agreement.
Councilmember S'indt asked how many alleys are left in the Gity. Mr. Sobota
stated there are still some alleys in the older subdivisions around Lake Marion
and Orchard. Lake. Staff feels that the best solution in dealing with hese alleys
is to vacate them as issues arise.
Councilmember Johnson asked if alley vacations have caused,problems in the
past. Mr. Erickson stated they have not.
Mayor Zaun asked if there was opposition to the vacation of the entire alley by
property owners other than Mr. Darflinger. Mr. Erickson stated there was
• opposition expressed by a number of property owners, which would have
raised some interesting legal issues.
CITY OF LAKEVILLE COUNCIL MEETING
MAY 15, 1995
. PAGE 10
95.108 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No,
95-107 vacating the west 1 /2 of a 16-foot wide public alley Located .adjacent to
19710 Jersey Avenue; and an Encroachment Agreement with Thomas &
Annette Wahl
Roll. call was taken on the .motion. Ayes, Sindt, Mulvihill,':Harvey, Johnson,
Zaun.
ITEM 14
Mr. Sobota presented the proposed Comprehensive Plan amendment for the I-
35/County Road 46 interchange area. Northwest Associated Consultants
prepared a Comprehensive Interchanges Land Use study, which included
interviews with existing property owners, a comprehensive review of natural
resources, existing land uses and existing and proposed utilities and
roadways. The City of Burnsville and Dakota County Highway Department had
a number of comments on the proposed amendment; and a compromise was
worked out between the cities of Lakeville and Burnsville on an access to the
neighborhood off of County Road 5 and the alignment of Kent Trail in Lakeville
and Dupont Avenue in Burnsville. Staff recommends approval of the
Comprehensive Plan amendment and resolution authorizing the City
Administrator #o submit the Interchange Land Use Study dated May, 1995, to
the Chairman of the Metropolitan Council for review under Section 473.175 of
the Metropolitan Planning Act.
Councilmernber Sindt stated she felt the street name change between Dupont
Avenue in Burnsville and Kent Trail in Lakeville should be made. at County
Road 46, which would be less confusing to the traveling public. Mr. Sobota
agreed. that this.. issue will need to be addressed when the area develops.
95.109 Motion was made by Johnson, seconded by Mulvihill to approve Resolution
No. 95-108, certification of pre-review requirements, City of Lakeville
Lnterchange Land Use Study, May 1995.
Roll call was taken on the motion.. Ayes, Mulvihill, Harvey, Johnson:, Zaun,
Sindt.
ITEM 15
City Engineer Keith Nelson presented a letter from Short Elliott Hendrickson,
• Inc. (SEH} regarding the City of Lakeville 10-year Capital Improvement Plan for
collector streets. He outlined the anticipated street reconstruction projects for
CITY OF LAKEVILLE COUNCIL MEETING
MAY 15, 1995
• PAGE 11
the: period of 1995-2009, which include the Dakota County Highway CIP (1995-
. 2000) and improvements from the 1994 City of Lakeville. Transportation Plan
not in the Dakota County CIP. (See SEH report dated April 21, 1995, Tables 2
and 3, on file in the City Clerk's office.)
Mr. Feller. provided an overview. of the proposed financing sources for the 10-
year GIP and pavement management program. He explained that the current
cash balance of $411,:394, from the 1980 Special Assessment Improvement
Bond Funds,. Series A and B, along with future special assessment
receivables, will be transferred to the Public Works Reserve Fund.. Cash
escrows in the amount of $518,052, which are collected from developers for
improvements to collector streets, will be transferred as a loan to the Public
Works Reserve Fund.
Mr. Erickson pointed out that the 10-year CIP and pavement management
program will be done. with no increase in property tax .levy.
Councilmembers discussed the future realignment of Highview Avenue at
County Road 46. Staff acknowledged he oversight in the SEH plan, and
• stated the alignment will be constructed as identified in the transportation plan.
Councilmembers discussed the need for realignment of the Highview Avenue
and Dodd Boulevard intersection, which staff indicated is being driven by the
Town & Country: development of the Zweber property. Staffalso indicated that
an additional streefi Fight will be installed at that intersection.
Councilmember Mulvihill raised concerns about traffic signals at 164th Street
and Griffon Traii not being insta led until the Year 2004. Staff indicated that
signals could be installed earlier if traffic warrants are met.
95.110 Motion was madeby Johnson, seconded by Mulvihill to approve Resolution
No. 95-109 authorizing fund transfers, receipt of a report, ordering preparation
of Pavement Management Plan, and ordering preparation of plans and
specifications for the 1995 street overlay improvement project.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
ITEM 16
• City Attorney Roger Knutson presented a proposed ordinance amending Title
5, Chapter 3, of the Lakeville City Code concerning a curfew for juveniles.
CITY OF LAKEVILLE COUNCIL MEETING
MAY 15, 1995.
PAGE 12
This ordinance would adopt Dakota County's form curfew ordinance. The
only difference between the County's ordinance and this proposed ordinance
is that the County is not allowed to set a curfew for 17 year olds. The City is
allowed, and encouraged, to do so.
95.111 Motion was made by.Harvey, seconded by Mulvihill to adopt Ordinance No.
552 amending Title 5, Chapter 3, of the Lakeville City Code concerning a
curfew for juveniles.
Roll call was taken on the motion. Ayes, Johnson,. Zaun, Sindt, Mulvihill,.
Harvey.
UNFINISHED BUSINESS None.
NEW BUSINESS
95.112 Motion was made by Sindt, seconded by Mulvihill to authorize City staff to
comment on the third paragraph of the letter submitted by Gene Rechtzigel
under Citizens' Comments.
i
Roll call was taken on the motion. Ayes, ,Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ANNOUNCEMENTS
Next regular Council meeting, June 5, 1995
.Council work session, May 30,.1995
Mayor Zaun adjourned the meeting at 10:00 p.m.
Respectfully submitted,
n,
harlene Fredges, ty Clerk
Dane Zaun, or