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HomeMy WebLinkAbout09-18-00.b • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2000 .Mayor Zaun called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council Members Johnson, Sindt, Mulvihill, Luick and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; A. Grussing, Community 8v Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks 8s Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations 8s Maintenance; R. Wawrzon, P.D. Research Analyst; C. Friedges, City Clerk. MINUTES The minutes of the September 5, 2000 City Council meeting were approved as presented. • STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None CHIEF OF POLICE: Chief Martens presented the August Police Department monthly report. . PARKS 8v RECREATION DIRECTOR: Steve Michaud presented the August monthly report of the Parks 8v Recreation Department. PRESENTATIONS /INTRODUCTIONS Steve Michaud introduced the new Parks 8~ Recreation .Department Secretary, Pat Vinje. Mayor Zaun presented awards to the Cable TV Department recognizing the Lakeville Kids and Government show. The awards included a Telly Award from the 21St Annual Telly Awards CITY OF LAKEVILLE COUNCIL .MEETING SEPTEMBER 18, 2000 PAGE 2 Competition in the Cable Program for Children category; Alliance for Community Media's Hometown Video Festival Awards in the Children and Municipal categories; and Award of Distinction. in the 2000 Videographers Competition. Jim Schiffman, Video Producer, accepted the awards on behalf of the Cable Department. Cable Coordinator Jeff Lueders introduced Assistant Video Producer, Chris Vogt. CITIZENS' COMMENTS CONSENT AGENDA Council members added Items T0, 11 and 13 to the consent agenda. 00.154 Motion was made by Luick, seconded by Mulvihill to approve the consent agenda items as follows: . a. Claims for payment. b. August Investment Report. c. Receive minutes of the following advisory committee meetings: Planning Commission, September 7, 2000 Parks 8v Recreation. Committee, September 6, 2000 Parks 8v Recreation/Hunting Subcommittee, September 6, 2000 Lakeville Area Arts Center Board, September 7, 2000 Telecommunications Commission, August 8 and September 12, 2000 d. Final acceptance of public utility, street and trail improvements, Heritage Commons. e. Resolution 00-225 calling a public assessment hearing for Districts 5 and 6 sealcoating, Improvement Project 00-1. • f. Resolution 00-226 deferring special assessments on remnant parcels for County Road 46, Improvement Project 91-3. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 20D0 PAGE S g. DARE Services Agreement with School District 196. h. Resolution 00-227relating to snowmobile and cross-country- ski trail grant-in-aid programs. i. Tree service operator license for Busy Bee Tree Service. j. Tree service operator licensefor R 8v J Tree 8v Landscape. k. Resolution 00-228 awarding contract for structural steel bid package #4, City Hall. expansion/renovation, Improvement. Project 00-18. 1. Resolution 00-229 approving plans and specifications and setting a bid date for. bid packages, City Hall expansion/renovation, Improvement Project.00-18. m. Receive resignation of Glenn.B. Miller from the Telecommunications Commission and authorize staff to advertise the vacancy . . . n. Authorize submittal of a grant application to the Metropolitan Regional Arts Council for contractual services to assist the Arts Center Advisory Board. " o. Resolution 00-230 authorizing sale of surplus equipment and unclaimed. property. p. .Adopt Findings of Fact and Recommendation. and approve a minor variance for an entrance deck at 20630 Hollins Avenue. q. Special assessment. agreement with Joseph and Gail Kittock, 1677.1 Judicial Road. r. Senior citizen 2001 assessment deferments for Rhena Benolkin and Dorraine Dircks. 10. Receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the expansion of an existing non-conforming single- family dwelling located. at 19839 Jersey Avenue. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2000 PAGE 4 • 11. Receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow the expansion of an existing non-conforming single- . family dwelling located at 12226 - 168 Street West. 13. Resolution No. 00-233 vacating public drainage and utility easements in Stonebriar 2nd Addition; receive the Planning .Commission's Findings of Fact and Recommendation and approve a variance for sideyard setback at 17150 Jackson Trail. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. ITEM 8 Mr. Lueders presented a resolution, which is being forwarded to the City Council by the Telecommunications Commission, regarding findings of fact with respect to WideOpenWest (WOW) Minnesota LLC's proposal for a cable communications franchise.. He stated the Telecommunications Commission concurs with the report by Moss 8v Barnett that WOW possesses the requisite legal, technical and financial qualifications to construct, own and operate a cable communications system within the City. As requested by the City Council at its September 5~ public hearing, staff contacted City officials in Boulder and Denver Colorado, where WOW has signed franchises, to confirm that WOW is following through with its franchise obligations. Mr. Lueders indicated that a financial study was done to determine whether WOW is financially capable of accomplishing the goals it has set forth in Denver. Findings indicated that WOW is financially capable of meeting its goals. Council Member Johnson spoke in support of offering more options to the city's business community in the areas of technology and communications. Mr. Erickson stated if the Council proceeds as recommended by the Telecommunications Commission, the Telecommunications Commission Franchise Subcommittee, along with Special Counsel Moss 8v Barnett and City staff, would begin negotiations with WOW on the terms of the franchise agreement. Staff will keep the Council apprised of those negotiations. CITY OF LAKEVILLE COUNCIL. MEETING SEPTEMBER 18, 2000 PAGE 5 n 00..155 Motion was made by Sindt, seconded by Johnson to approve Resolution No. 00-231 regarding findings of fact with respect to WideOpenWest Minnesota LLC's proposal for a cable communications franchise. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. ITEM 9 Mayor Zaun opened the public hearing to consider a Tax Increment Financing Plan for redevelopment of land in Fairfield Business Campus. The City Clerk attested to publication of the legal notice. Mr. trussing presented the application of D.R. Horton, Inc. for tax increment financing for an office building to be constructed on Lot 2, Block 1, Fairfield Business Campus 3rd Addition. The D.R. Horton parcel, which is 5.79 acres in size, is the last piece of property to be redeveloped in the Fairfield Business Campus. The proposed single-story office building will be approximately 23,000 square feet in size. As provided in the Contract for Private Redevelopment, Mr. trussing explained, the building would need to be at least 50% complete by January of 2001 in order to capture the tax increment, thus creating adequate revenue to pay off DR Horton's portion of the district within nine years. The City would fund $252,255 for the land, another $50,000 for landscaping and. $34,033 for the storm sewer area charge, for total tax increment of $336,288. Council Member Johnson asked if the building is designed for future phases. Mr. Matula, representing D.R. Horton, stated there are no plans to add on to the building, as there is room for expansion within the 23,000 square feet. Mayor Zaun asked about the term of .the tax increment schedule. Mr. trussing stated the Contract for Redevelopment is for nine years and would expire on December 31, 2009. The captured tax increment is expected to be approximately $44,800 annually. Mayor Zaun asked if School District 194 and .Dakota County support this project. Mr. Erickson stated the school district and CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2000 PAGE 6 • county have been supportive of this district since it was originally created. He explained that if this districtwere to go to its conclusion (year 2020), it would generate an excess increment of $2.8 million.. Having met with School District 194 and Dakota County officials, there is a great deal of interest in considering the possible use of those funds to assist Dakota County with the reconstruction of the bridge and intersection at County Road 70. This would eliminate the need for an area-wide assessment and would help. make the intersection project a reality. 00.156 Motion was made by Johnson, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. 00.157 Motion was made by Mulvihill, seconded by Johnson to approve Resolution No. 00-232 relating to the business subsidy for D.R. Horton Incorporated of Minnesota and approving the Contract for Private Redevelopment between the City of Lakeville and D.R. Horton, Inc.-Minnesota. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Johnson, Zaun, Sindt. ITEM 12 Darrin Helgeson of Charter Communications requested Council approval of a conditional- use permit amendment to allow outside storage at 16900 Cedar Avenue. Mr. Dempsey presented the proposed conditional use permit amendment, which would allow Charter Communications to remove eight of their 11 existing satellite dishes and replace them with a single simulsat satellite dish. .Three of the existing satellite dishes would remain. The project also includes a 7,600 square foot expansion on the east side of the existing building for additional technical support and "head-end" electronic component space. Mr. Dempsey explained that the removal of eight satellite dishes will result. in an overall reduction in the number of non-conforming satellite dishes on the property, which were installed prior to the City's adoption of the new zoning ordinance. The Planning Commission recommended approval of CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2000 PAGE 7 C the conditional use permit amendment with two additional stipulations related to landscaping and exterior building materials. 00.158 Motion was made by Luick, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and approve a .conditional use permit amendment to allow outside storage on the Charter Communications property located at 16900 Cedar Avenue. Roll call was taken on the motion. Ayes, Luick, Johnson, Zaun, Sindt, Mulvihill. ITEM 14 Steve Michaud introduced Arts Center Coordinator Jim Urie. Mr. Urie provided a progress report on the Lakeville Area Arts Center facility. He stated the Arts Center Advisory Board has met three times, and a strategic planning retreat has been scheduled for September 30~. Architectural plans are 95% complete, and the building renovation should be completed by June' 15, 2001. ITEM 15 Ron Wawrzon presented a revised Hunting Map as recommended by the Hunting Subcommittee of the Park 8a Recreation Committee. As recommended by the Hunting Subcommittee, an area of land located west of Dodd Boulevard, north of 195 Street and south of 185 Street was removed from the designated hunting zone. The removal of this area comes as a result of the Ipava Avenue extension and development of the Paradise Hills residential subdivision.. Mr. Wawrzon reviewed with. the Council the hunting related complaints received during the 1999/2000 season. Ten hunting related complaints were received from.the northeast area of the city. Hunters had previously been given special permission to hunt in that non-designated area; however, due to .the nature and frequency of those complaints, special permission will not be granted this season. 00.159 Motion was made by Johnson, seconded by Mulvihill to approve the 2000/ 20b 1 Hunting Map and authorize publication of the map. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 18, 2000 PAGE 8 Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. ITEM 16 00.160 Motion was made by Johnson, seconded by Mulvihill to hold. a Special Council meeting on Monday, October 9, 2000 at 5:00 p.m. to award contracts for the City Hall addition/renovation project and hold a Council work session immediately following. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. UNFINISHED BUSINESS Council Member Sindt asked for the City Attorney's response to the concern she raised regarding the exterior painting at McDonalds. Mr. Knutson stated he would respond in writing. NEW BUSINESS Council Member Luick provided an overview of the Dan Patch commuter rail meeting that was held on September 14~ at Lakeville City Hall. The next meeting will be held on Wednesday, September 20~ at Burnsville City Hall. ANNOUNCEMENTS Next regular Council meeting October 2, 2000 Mayor Zaun adjourned the meeting at 8:30 p.m. Respectfully submitted, Charlene Friedges, Ci lerk Dua e Zaun, M r •