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HomeMy WebLinkAbout09-05-00CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 5, 2000 Mayon 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. trussing, Community 8v Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations 8v Maintenance; D. Morey, Planner; C. Friedges, City Clerk. MINUTES The minutes of the August 21, 2000 .City. Council meeting were approved as presented. • STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson provided a status update on the Kenyon Avenue/ 185 Street County highway. project. ADMINISTRATOR: None DIRECTOR OF OPERATONS & MAINTENANCE: Mr. Volk presented the August monthly activities report of the Operations 8s Maintenance Department.. . PRESENTATIONS/INTRODUCTIONS Mayor. Zaun read a proclamation declaring :September 17 as "Citizenship Day and September 17-23 as'Constitution Week. Marjorie Drake, of the Josiah Edson Chapter of the Daughters of the American Revolution, accepted the proclamation. 00.142. Motion was made by Sindt, seconded by Mulvihill to proclaim September 17 as Citizenship. Day and September 17-23 as Constitution Week. • • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 5, 2000 PAGE 2 Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. Members of the Lakeville Women of Today asked the City Council to proclaim September 24 - 30 as Women of Today Week. Mayor. Zaun read the proclamation. Cindy Kuhlman and Jean Vatnsdal accepted the proclamation on behalf of the Lakeville Women of Today and presented an historic quilt tothe Ctyfor..display at -City Hall. 00.143. Motion was made by Mulvihill, seconded by Johnson to proclaim the week of September 24-30 as Women of Today Week. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. Parks 8v Recreation Director Steve Michaud introduced the Lakeville Area Arts Center Coordinator, Jim Urie CITIZENS' COMMENTS .None CONSENT AGENDA Council members added items 9 and 11 to the consent agenda, 00.144 Motion was made by Luick, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following. advisory committee meetings: Environmental Affairs Committee, August 15, 2000 Planning Commission, August 17, 2000 Arts Center Advisory Board, August I5, 2000 c. Resolution 2000-197 approving plans and specifications and setting a bid date for the Water Treatment Plant .Expansion, Improvement Project 00-3. LJ • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 5, 2000 PAGE 3 d. Special Assessment Agreement with Samuel and Katherine Branan, 16394 Klamath 'Trail. e. Resolution 2000.-198 approving a gambling permit for VFW Auxiliary to Post 210. f. Non-Disclosure .Agreement with Metropolitan 91-1 Board. g. Resolution 2000-199 calling a public hearing. for consideration of a special service charge in the Downtown Special Service District.. h. Resolution 2000-200 accepting a donation to the Parks 8s Recreation Department from People's Natural Gas. i. Resolution 2000-201 approving plans and specifications and setting a bid date for structural steel, Bid Package #4, Improvement Project 00-18, City Hall. expansion/renovation. 9. Resolution No. 2000-20:2 approving the final plat of Lakeway Park East Campus. 11. Conditional use permit to allow the construction of a second detached accessory building at 20480 Holyoke Avenue. Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. ITEM 8 Mayor Zaun opened thepublic hearing on the application of WideOpenWest Incorporated for. a cable franchise. .The. City Clerk attested to publication of the legal notice. Brian Grogan of Moss 8v Barnett presented the application of WideOpenWest Incorporated (WOW) for a cable communications franchise. WOW was the only company to submit an application. He explained that. the purpose of the public hearing,. which is required by State Statute, is todetermine whether the applicant possesses certain legal, technical and financial qualifications. The next step in the process would be to direct City staff to negotiate a cable television franchise, which would be presented to the City Council for consideration at a later date. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 5, 2000 PAGE 4 Chris Julian, Vice President of WOW, provided a detailed overview of the company's background and services it provides.. Ellen Martin, Operations Manager. for Charter Communications, stated Charter Communications wishes to :keep open communication with the City and with the prospective communications provider and, most importantly, to protect Charter's -assets as WOW moves forward. Greg Stattman, representing the. City's Telecommunications .Commission negotiating subcommittee. stated the subcommittee concurs with Moss & Barnett's report with respect to the legal and technical qualifications of WOW and further finds that WOW does possess the requisite financial qualifications to operate a cable television system within the :City. The subcommittee bases its recommendation regarding financial qualifications on the fact that WOW's business plan has been received. favorably in both the equity and-debt markets, and the City can protect itself by requiring a sufficiently :high construction/performance bond. In . this way,. the City :can protect its public rights-of--way in the event WOW causes damage that it is unable or unwilling to repair. Whether WOW ultimately becomes a successful competitor. to ...Charter Communications is a matter which, they believe, should be left to the marketplace. so long as adequate protections are in place with respect to the City's rights of way. He further stated. that WOW meets the legal, technical and financial qualifications. necessary to receive a franchise within the City of Lakeville. The subcommittee will present these same results to the Telecommunications Commission at its meeting on September: 12,.2000., at which time a draft resolution will be reviewed and-a recommendation will be forwarded to the City Council fore consideration on September 18, 2000. A citizen: in the audience. asked about high speed Internet access and its security in a cable environment. Ms. Martin stated there is software available that consumers can purchase to protect their. computers.. Council Member Sindt asked about public access, government and educational. channels and how they would. be worked out between. the two cable companies. Mr. Lueders explained that WOW would also provide a public access, government and • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER S, 2000 PAGE 5 educational channel,. just as Charter Communications provides. WOW would be .obligated to meet the same. equipment provisions as the incumbent telecommunications provider. Council Member Luick asked if a performance bond can be used by the City to offset any costs incurred by staff with regard to overseeing the protection of the City's rights of way. Mr. Grogan explained that WOW submitted an application fee up front to help offset the City's costs to process the application. Any costs not addressed by a bond would be included in a franchise document. Council Member Johnson asked about WOW's download speed. Mr. Julian clarified they have a 10 meg download and 3 meg upload. • Council Member Mulvihill asked if there :had been any recent discussion regarding tubing. a conduit system. to minimize disruption to neighborhoods, yards. and roadways. Mr. Grogan stated that had been discussed at a Council work session and would eventually be a part of franchise negotiations. Mayor Zaun referenced an FCC report of 1999 with regard to .increased competition and the long-term viability of competitors. He also referenced the FCG's observation that the benefits of competition. may be short lived. Mayor Zaun asked about timing within the Minneapolis area and a projected 60-month construction period. Mr. Grogan stated the' .application that WOW submitted to the City of Lakeville is very similar to applications submitted by WOW throughout the Metro area. Where Lakeville falls within that schedule' needs to be negotiated between the City Council and the applicant. Mr. Erickson asked if WOW has factored in the possibility of HickoryTech coming to Lakeville with regard to its business plan and. success in the market,. with particular emphasis on Internet. service. Mr. Julian stated .probably not. Mr. Erickson stated that HickoryTech is serious about bringing long distance and Internet service to the City, and staff will be finalizing negotiations with that company this week. This competition, he added, would not be under a franchise. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 5, 2000 PAGE 6 Mr. Lueders asked Mr. Julian if there are a number of franchises that need to be captured in the metro-plex in order for WOW to be successful. Mr. Julian stated they expect to get many . franchises within the next six weeks.. While they have no magic number, they have. a plan and do not expect: to deviate :from that plan.. 00,145 Motion .was made by Johnson, seconded by Luick to close the public hearing on the application of WideOpenWest Incorporated for a cable franchise. Roll call was taken on the motion. Ayes, Mulvihill, Luick, Johnson, Zaun, Sindt. Council Member Johnson stated he would like to refer WOW's application to the. City's Telecommunications Commission. for a recommendation.. Mayor Zaun suggested the Commission obtain references from individuals in the communities that are currently served by WOW (Denver and Boulder, Colorado). 00.146 Motion by Johnson seconded by Sindt to refer the application of WideOpenWest Incorporated to the Telecommunications Commission for a resolution and recommendation to the City Council. .Roll call was taken on the. motion. Ayes, Luick, Johnson, Zaun, Sindt, Mulvihill. ITEM 10 Bob Wiegert of .Paramount Engineering, representing Country ..Joe, Inc., requested Council approval of the preliminary plat of Hawthorne Heights. ~. Mr. Morey presented the preliminary .plat, which consists of 68 single-family lots and three outlots on 38.78 acres of land located south of 160 Street and east of Highview Avenue. He explained that Outlots A and B include existing wetlands and a trail connection to Highview Heights Park.. Outlot C covers a proposed nutrient removal basin .and park land dedication on the south .side of the preliminary plat adjacent to Highview Heights Park. Outlot C will be deeded to .the. City with the, Hawthorne Heights CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 5, 2000 PAGE 7 l..l • final plat.. A metes and bounds parcel, which includes the Eisele greenhouses, is proposed to be administratively subdivided to include the extension of Harvard Drive. and a tier of six single- famly lots in the Hawthorne Heights plat. Mr. Morey explained that Highview Avenue will be realigned at County .Road 46 across from Garden View Drive when the adjacent Vermillion. Springs plat is developed. Because the existing Highview Avenue is located within Lots 4, 5, 6 and 7, Block 1, and Lot 1, Block 2 of Hawthorne Heights, these lots cannot be developed until Highview Avenue is realigned. These lots, therefore, must be designated as outlots on the Hawthorne Heightsfinal plat. The Planning Commission and City staff recommend approval of the preiirninary plat subject to 20 stipulations..The Park 8v Recreation Committee is scheduled to review the plat on September 6~. 00.1.47 Motion was made by Luick, seconded by Sindt to receive. the Planning Commission's Findings of Fact and Recommendation andapprove the preliminary plat of Hawthorne Heights. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Luick. ITEM 12 Mr. trussing presented a proposed agreement with Anderson,. Niebuhr & Associates to conduct a labor force study o€ Lakeville employers. The Economic Development Commission (EDC) formed a subcommittee, which determined that the most appropriate method ofgatherng information was through the use of focus groups. Three focus groups will be conducted on September 25-27, 2000 at City Hall. An executive .summary of the data collected will be prepared by October 6, 2000. Bob Vogel, EDC Subcommittee member, .explained the reasons why the .subcommittee recommended the use of focus groups rather than a typical survey.: The subcommittee believes, he stated, that the most qualitative and global information will be garnered through the focus group process. • 00.148 Motion was made by Mulvihill, seconded by Johnson to approve an'agreement with Anderson, Niebuhr 8v Associates for a labor .force study... CITY OF LAKEVILLE COUNCTL MEETING SEPTEMBER 5, 2000 PAGE 8 Roll call. was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Johnson. ITEM 13 Mark Ulfers, of the Dakota County Community Development .Agency, requested Council approval of the Lakeville Senior Housing Addition.. He emphasized the need for senior housing in Lakeville, with almost 200 persons presently on the waiting `list for Winsor Plaza. Kim Bretheim, project architect, provided an overview of the proposed senior housing project, which consists of athree-story: building along Holyoke Avenue with commercial space and underground parking, Mr. Dempsey presented the Lakeville Senior Housing Addition, which includes a rezoning of the property from C-CBD, Central Business District Area Commercial District, to PUD Planned Unit Development; a Real Estate Transfer Agreement with the Dakota County Community Development Agency and a Cooperation Agreement between the City of Lakeville and the Dakota County Community Development Agency. He explained that. the. proposed parking meets ordinance requirements and is consistent with the. Downtown.. Parking Study. Council Member Sindt asked how many parking spaces are designated for business use. Mr. Bretheim. explained that the proposed number of on-site parking. spaces. exceeds the minimum: requirements. Council Member Johnson what types of commercial uses are anticipated and whether lease rates have been determined. Mr. Ulfers stated they anticipate a mixture. of xetail and service ..uses, with more emphasis on retail, as recommended by the Downtown Lakeville Business Association. The lease rates are expected to be competitive with the market. 00.149 Motion was.made by Sindt, seconded by Mulvihill to receive the Planning Commission's Findings. of Fact and Recommendation .and approve the following with regard to the Lakeville Senior Housing Addition: CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 5, 2000 PAGE 9 I~ L~ + Resolution No. 2000-203 vacating permanent driveway, highway and parking easements; • Ordinance No. 677 rezoning property from C-CBD, Central Business District Area Commercial District, to PUD, Planned Unit Development; • Resolution No. 2000-204 approving the preliminary and final plat of Lakeville Senior Housing Addition; • Real Estate Transfer Agreement with Dakota County Community Development.: Agency; and • Cooperation Agreement between the Dakota County .Community Development Agency. and the City of Lakeville. Roll call was. taken on the motion. Ayes, Sindt, Mulvihill, Luick, Johnson, Zaun. 00.150 Motion was made by Mulvihill, .seconded by Sindt to hold a groundbreaking for the Lakeville Senior Housing project on September 25, 2000 at 3:30 p.m. Roll call wastaken on the motion. Ayes, Mulvihill, Luick, Johnson,. Zaun, Sindt. UNFINISHED BUSINESS None NEW BUSINESS Council Member. Sindt asked about the. recent painting of the exterior at the McDonald's restaurant on Dodd Blvd. 8s County Road 50 and whether the conditional use permit for that property allows it. Mr. Erickson stated the City Attorney: would review the files to determine whether it is allowed. ANNOUNCEMENTS: Next regular Council meeting,. September 18, 2000 Special Councilmeeting, September 13, 2000 Mayor Zaun adjourned the. meeting at 9:17 p.m. Respectfully submitted, CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 5, 2000 PAGE 10 Charlene Frie ges, Ci Clerk Duane Zaun, or