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Home My WebLink About10-04-93 ~ ` ~ i CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4,1993 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 Ruhmann, Sindt, Mulvihill, ..Harvey and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; D. Feller, Finance Director; M. Sobota, Community & Economic .Development Director; S. Michaud, Parks: & Recreation Director; D. Gudmundson, Chief of Police; C. Friedges, City Clerk. MINUTES The minutes of the.September 20, 1993, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS. ATTORNEY: Mr. Knutson requested the opportunity to make a statement under Unfinished Business.. regarding the Apple Valley gravel mining" mediation process. ENGINEER: None. ADMINISTRATOR: Mr. Erickson requested Council consideration of an additional item authorizing advertisement for bids for the Police Station. expansion and remodeling project. The Council placed this item under New Business, 17a. PRESENTATIONS/INTRODUCTIONS Councilmember 5indt read the proclamation for Disability Employment and Awareness Month. 93.254 Motion was made by Sindt, seconded by Harvey to proclaim the month of October as Disability Employment and Awareness Month in Lakeville. Roll call was .taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. Councilmember Harvey: read the proclamation for Brain Injury `Awareness Week. Ms. Darlene Wetterlund was present to accept. the proclamation. 93.255 Motion was made by Harvey, seconded by Mulvihill to proclaim October 4-11 as Brain Injury Awareness Week in Lakeville. Roll call was taken on the motion.. Ayes, Zaun, Sindt, Mulvihill, Harvey,. Ruhmann. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER. 4,1993 PAGE 2 Councilmember Ruhmann presented a proclamation declaring October 1-7 as German-American Week. Councilmember Mulvihill read the English version of the proclamation, and Councilmember Ruhmann read the German version of the proclamation for four visitors from Germany who were present at .the meeting. .93.256 .Motion was made by Ruhmann, seconded by Mulvihill to proclaim October 1-7, - 1993, and every October 1-7, as German-American Week. Roll call was taken on the motion. -Ayes, 5ndt, Mulvihill, Harvey, Ruhmann, Zaun. Police Chief Gudmundson introduced Mr. David .Gisch of the Dakota County Division of Emergency Management, who presented to the City a check from xhe Federal Emergency Management Agency (FEMA}. Mr. Gisch ex lamed that the $83,917 serves as reimbursement for expenses incurred ~.e. personnel, equipment and materials] as a .result. of .heavy rains and flooding that occurred in Lakeville this past summer. Mr. Feller introduced Accountant Joel Scheving, who was responsible for preparation and submittal of documentation to FEMA. City Engineer Keith .Nelson introduced the new Environmental Engineer, Gerry Wind. Utilities Su erintendent Dick Nording introduced the new Utility Maintenance employee, Dana Bjork. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers removed Item 7g, resolution .awarding contract for Improvement Project 93-4, from the consent agenda. Councilmembers added Items 9, 13, 14 and 17a to the consent agenda. 93.257 Motion was made by Harvey, seconded by Ruhmann to approve the consent agenda items as follows: a. Claims .for payment.. b. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, September 14, 1993 Parks & Recreation Committee, September 15,1993 Planning Commission, September l6, 1993 c. Resolution No. 93-191 .appointing election judges for the November 2nd City Election. CITY OF L,AKEVILLE COUNCIL MEETING OCTQBER 4, 1993 . PAGE 3 d. Resolution No. 93-192 calling a public hearing on :assessments for weed and grass removal. e. Special assessment agreement with Alan & Janice Olson,. 16599 Kenwood Trail. £ Resolution No. 93-193 approving plans and specifications and right-of :way ,acquisition on 168th Street Soo Line Crossing, and Resolution No. 93-193A relating to parking restrictions on County Road - 44, Improvement Project 91-5. g. (Removed from Consent. Agenda). h. Enter into General. Engineering Agreement with Short, Elliott, Hendrickson, Inc. i. Authorize Short, Elliott, Hendrickson, Inc. to update the City of Lakeville Comprehensive Sanitary Sewer Plan. j. Authorize Short, Elliott, Hendrickson, Inc. to provide services for GIS data base and acquisition of GIS software. k. Resolution No. 93-195 approving plans and specifications and setting bid date for maintenance check of Wells #4 and #7, Improvement Froject 93-6. 1. Final acceptance of utility .and street improvements, Schweich Znd Addition. m. Change .Order No. 2 with Friedges Landscaping, Inc. far the .Quigley Sime/Hypointe Grassing neighborhood park projects, Improvement Frojeets 93 1 and 93-2. n. Resolution No. 93-.196 vacating a .perpetual flowage. easement south of 160th Street and west of Grove Trail. o. Resolution No. 93-197 vacating street, utility and drainage easements west of Ipava Avenue .and south of 170th Street. p. Authorize City Council to enter:into an easement agreement with Hennepin Parks for the construction and maintenance of a permanent trail. q. Authorize Mayor and City Clerk o sign a deed far transfer of City property to Kristjan and Nancy Jonsson. r. .Resolution No. 93-198 accepting donation from Enggren's Super Valu. s. Authorize Mayor and City Clerk to enter into an agreement with the Minnesota Department of Natural Resources for receipt. of grant monies to • conduct an oak wilt suppression program. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4, 1993 PAGE 4 t. Final acceptance of utility and street improvements, Rolling Knolls. u. Authorize Mayor and City Clerk to enter into an agreement with the Minnesota Department of Natural Resources for 1994 cross country ski and snowmobile trail grant-in-aid program. 9, Resolution No, 93-200 vacating a portion of Mount Curve Boulevard.. 13. Appoint Colette Wanless-Sobel to the Parks & Recreation Committee for the remainder of a term which will expire on January 1, .1995. 14. Appoint $arry Pogatchnik to the Economic Development Commission for the remainder of a term which will ',expire on January 1, 1994. 17a. Authorize advertisement for bids on Bid Package No. One, to be opened at 2:00 p.m. on November 10, 1993, for the. Police Station expansion and remodeling project. Roll call was taken on the motion. Ayes, Mulvihill, Harvey,. Ruhmann, Zaun, Sindt. ITEM 7G Councilmember Harvey asked about the terms and conditions placed on the Jacquard Avenue project and voiced his concern that the project may not be completed in time far the opening of the new school. Mr. Nelson stated the ..project has a June 15th completion date. Councilmember Harvey suggested the use of .incentives .more .often in City. projects, such as the ones placed on the Foxboraugh storm sewer project, to guarantee timely completion. of the work. Councilmember Sindt asked why the bids came in considerablyy higher than'the engineer's original estimate. Mr. ,Erickson explained that the unusually wet weather has placed bituminous contractors behind schedule, which hasresulted in higher unit prices on work currently being bid. 93.258 Motion was made by Harvey,. seconded by Mulvihill to receive bids and approve Resolution No. 93-1.94 ativarding a contract for -grading, .drainage and bituminous paving_of Jacquard Avenue and County Road=64, Improvement°Project 93-4. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, faun, Sindt, Mulvihill. ITEM 8 Mayor Zaun opened the public. hearing far. certification of delinquent utility . accounts at :7:50 p.m. The City Clerk. attested that legal notices .were duly published and mailed. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4,1993 PAGE 5 Mr. Feller presented a revised list of 212 delinquent utility accounts which will be certified to the County Auditor to be collected with the 1994 property taxes. He explained that the purpose of the certification is to minimize the City's losses due to bankruptcies. He explained that in addition #o certifying the delinquent accounts, the City includes a $25 service charge per .account to cover the cost of certification and 12% annual interest. The total amount to be assessed is $53Q30.88. There was no :one present in the audience wishing a comment on the certification. 93.259 Motion was made by Harvey, seconded by Sindt to close the public hearing; 7:55 p.m. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. 93.260 Motion was made by Mulvihill,: seranded by Sindt to approve Resolution No. 93-199- certifying unpaid water, .sewer and.. street lighting charges to the County. Auditor to be collected with other taxes on said property. Roll call was taken on the motion.. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann.. ITEM 14 Mr. Byron Watschke of Fortune Realty, Inc. requested Council approval of the final plat of Lake Villa Golf Estates 8th Addition. He also asked the Council to consider allowing building permits to be issued prior to installation of bituminous surface in subdivisions where utilities. are developer installed, because of the unusually wet weather. Mr. Sobota presented the Lake .Villa .Golf Estates 8th Addition final plat, which consists of 25 single family residential. lots at 179th Trail .and Kingsway Path, west of the .7th Addition.. The .plat represents the final phase of development of the Lake Villa Golf Estates preliminary plat/planned unite development approved in 1979. Mr. Sobota explained that at -the recommendation of <Gity staff, the developer has eliminated one of the twr~ cul-de-sac streets approvad with the preliminary plat. >~As a result,. na wetland filling will oecur,. and additional trees will ' be saved: City staff and advisory committees all recommend approval of the final plat. Councilmember Sndt asked about the possible spread of infectious .disease from: the dead trees that are located in xhe plat. Mr. Sobota stated that a red oak tree was tested for "disease by the Department of Agriculture, and the test results. came back negative. Mr. Erickson stated the development contract includes a $5,000 security to ensure the removal of dead trees from. the site. CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4,1993 PAGE 6 Councilmember Harney raised the question of lot widths in the cul-de-sac. Mr. Sobota stated the surveyor had calculated lot widths at the building setback line, and all lots exceed R-1 standards, except for Lot 3, Block Z, which was allowed under the PUD. Councilmember Harvey asked .about the outlet for the pond in Block 1. Mr. Erickson stated the outlet runs to the north through the 4th addition. Councilmember Harvey was concerned with settling of houses and asked how much fill will be required under the footings. Mr. Nelson stated several lots will require six to eight feet of fill. Mr. Watschke stated that GME and :Braun Intertec will be testing soil for proper compaction, and density tests will also be taken during filling. 93.261 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No. 93-2Q1 approving the final plat of Lake Villa Golf Estates 8th Addition. Roll call was. taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 11 Mr. Feller requested Council appraval of final documents related o the ice arena project.. The final documents are consistent with the Memorandum of Understanding and have been reviewed by .the City's. bond attorney. .Staff recommends appraval of the following documents; - Gaming Revenue Agreement. - Lease Purchase Agreement - Sublease Agreement - Construction Management and Architectural Agreements - Authorization to prepare plans and specifications - Agreement with ISD 194, Lakeville H.R.A., .Lakeville Hockey> Boosters, Inc. (LHA) and Lakeville Community Corporation (LCC} setting forth their understanding of the actions taken by each party in conjunction-with the delivery of the deed from ISD 194 to the Lakeville H.R.A. Mayor Zaun asked if .the City has received he °Use Authorization" opinion.. wetter from the attorneys representing the: LHA and LCC. Mr. Feller stated the City has received a "Use Authorization" opnion'letter from Bill Macklin, attorney far the LHA, and a letter is forthcoming from Randy Spading, attorney for the LCC. The "Use Authorization" letters have been reviewed and approved by the City's bond attorney, John Kirby. Mayor Zaun asked if the wording "government functions related to public recreation" will place limitations on the use of the ice arena facility; and Mr. Erickson stated it will not. CITY OF LAI~EVILLE COUNCIL MEETING QCTOBER 4,1993 PAGE 7 93.262 Motion was made by Mulvihill, seconded by Ruhmann to approve the following documents related to the ice arena project: a. Booster (LHA)/City Gaming Revenue Agreement.. b. Lease Purchase Agreement between City and H.R.A. c. Sublease Agreement between City and LCC. _ d. Construction. Management Agreement with Kraus Anderson. and Architectural Agreement with Pope Associates. e. Resolution No. 93-202 authorizing :preparation of plans and s ecifications for construction. f. Agreement with ISD 194, Lakeville H.R.A., LHA and LCC setting forth their understanding of the actions taken by each party in conjunction. with the delivery of the deed from ISD 194 to the Lakeville H.R.A. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 1Z Danny Barth, Assistant Fire Chief, referenced the request Mr. Watschke made to the City. Council .under -Item #10, and stated that from a public safety standpoint,.. the Fire .Department would not .support the issuance of .building permits on unimproved streets. Mr. Barth presented the one bid received for a triple combination pumper for the Fire Department. Custom Fire Apparatus submitted a bid in the amount' of $205,390.00,. plus the trade-in of .the City's 1976 Ford Pumper. Mr. Barth explained that the contract with .Custom Fire Apparatus contains a clause which gives the City the right to sell the 1976 Ford Pumper up until the delivery date of the new pumper. He stated Custom Fire ..Apparatus is offering $15,000 for the used pumper, and .the City Council recently rejected the $15,000 bid from the Bruno Fire Department. Staff feels a. better price can be obtained. 93.263 Motion was made by Harvey, seconded by Mulvihill to approve Resolution Noy 93-203 awarding. a contract to Custom Fire Apparatus for a triple combination pumper. Roll call. was .taken on .the motion. Ayes, ::Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 1S 93.264 Motion was .made by Harvey, seconded by Sindt to set .Council bud et work sessions. for Tuesday, November 16th, and Monday, November 29th, at ~00 p.m.; and: set a Council work session for 8:00 p.m. on October 6th to discuss the establishment. of a task farce for a possible park bond. referendum. Roll call was taken on the motion.. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. CITY OF LAKEViLLE COUNCIL MEETING OCTOBER 4,1993 PAGE 8 UNFINISHED BUSINESS Mr. Knutson provided an overview of the upcoming Apple Valley gravel mining mediation between the cities of Lakeville and Apple Valley. 93.265 Motion was .made by Sndt, seconded by Mulvihill to appoint Roger .Knutson, David Licht and $ob .Erickson to represent the City of Lakeville in the. Apple Valley gravel mining mediation. Roll call :was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. NEW BUSINESS , Councilmember Sindt addressed a recent "Letter to the Editor"which appeared in the Lakeville Life & .Times. She pointed out inaccuracies in some of the statements regarding Lakeville municipal liquor and the Fairfield .Business Campus. She asked .staff to prepare a history on the City's municipal liquor business. Mr. 'Nelson asked the City .Council to consider authorizing .preparation of , plans and specifications .far the reconstruction of portions of 199th :Street and Orchard Trail above the 1993 Lake Marion flood elevation. He recommended • the project be awarded with a $10,000 incentive for completion of the work this year, in an effort. to .eliminate .the cost: of elevating these streets if flood conditions re-occur next spring. The estimated cost. of the project is $80,000; and Mr. Nelson. stated there would be no assessments to property owners. 93.266 Motion was. made by .Harvey, seconded by Sindt to include an incentive and authorize preparation of plans and specifications for Improvement Project 93-14, the reconstruction of portions of 199th Street and Orchard Trail. Roll call was taken an .the motion. Ayes, Sndt, Mulvihill, Harvey, Ruhmann, Zaun. Councilmember Mulvihill.. suggested that various City reports, .budget documents, etc. should be sent to the area libraries. ANNC}UNCEMENTS Next regular Council meeting, October 18, 1993 Council work session, October d, 1993 Mayor Zaun adjourned the meeting at 9:00 p.m. • CITY OF LAKEVILLE COUNCIL MEETING OCTOBER 4,1993 PAGE 9 • Respectfully submitted, .Charlene Friedges, City rk Duane Zaun, a r •