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Home My WebLink About06-06-16CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES June 6, 2016 Mayor Little called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Mayor Little, Council Members Davis, Swecker, Anderson and LaBeau Staff Present: Justin Miller, City Administrator; Roger Knutson, City Attorney; Jeff Long, Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Jerilyn Erickson, Finance Director; John Hennen, Parks & Recreation Director; Daryl Morey, Planning Director; Charlene Friedges, City Clerk 3. Citizen Comments: None 4. Additional Agenda Information: None 5. Presentations/Introductions Shayne Ratcliff presented the Lakeville Arenas 2015 Annual Report and the proposed 2017 Budget. 6. Consent Agenda Motion was made by Anderson, seconded by LaBeau, to approve the consent agenda items as follows: a. Claims for payment b. Minutes of the May 16, 2016 City Council meeting c. Minutes of the May 23, 2016 Council work session d. Agreement with Dave Carroll, Softball Tournament Director e. Lakeville Arenas 2017 Budget f. ALF Ambulance 2017 Budget g. City of Lakeville Purchasing Policy City Council Meeting Minutes - June 6, 2016 Page 2 h. Temporary on -sale liquor license for Lakeville Lions Club for Pan-O-Prog events at the Lakeville Area Arts Center on July 7-9, 2016 i. Resolution No. 16-71 approving an off-site gambling permit for the Lakeville Lions Club j. Extension of Babe's Sportsbar & Grill on -sale liquor license for Pan-O-Prog events on July 7-9,2016 k. Extension of Lakeville Family Bowl on -sale liquor license for outdoor events on July 2, 2016, August 18, 2016 and May 29, 2017 1. Resolution No. 16-72 authorizing temporary closing of city streets for Pan-O-Prog events m. Resolution No. 16-73 authorizing the sale of forfeited vehicles n. Performance agreements with Schiffelly Puppets, Relativity the Band, Sawtooth Brothers, East Coast Entertainment, Robert Meany, GL Berg, Ted Manderfeld and The Farmer's Daughters for the Lakeville Area Arts Center o. Addendum to Purchase Agreement with Moses Family Limited Partnership for future well site p. Agreement with Metropolitan Council for a volunteer lake monitoring program q. County Road 5/172nd Street intersection improvement project: • Agreement with ATL Holdings, LLC for permanent and temporary easements • Grant of permanent and temporary easement with Jordan Drilling Solutions, LLC • Grant of temporary easement with Lakeville Property, LLC • Resolution No. 16-74 accepting donation of property from Lakeville Property, LLC • Grant of permanent easement with RVP Hospitality, LLC r. Encroachment Agreements with David and Patricia Rigoni and Patrick Gansmoe for installation of private drain tile on public easements s. Resolution No. 16-75 ordering correction or removal of hazardous building located at 6649 - 1671 Street W. City Council Meeting Minutes - June 6, 2016 Page 3 t. Resolution No. 16-76 accepting donation to the Fire Department from Lakeville Public Safety Foundation u. Release of Contract for Private Development with LTF Real Estate Company, Inc. v. Accept bid and award contract to Quality Flow Systems, Inc. for pump replacement and control upgrades at Lift Station 7 Voice vote was taken on the motion. Ayes - unanimous 7. El Parian Mexican Restaurant of Lakeville, LLC Mayor Little opened the public hearing to consider the application of El Parian Mexican Restaurant of Lakeville, LLC for an on -sale and Sunday liquor license at El Parian Mexican Grill, 17557 Glasgow Avenue. Chief Long stated the application has been reviewed and meets all City and State qualifications for the licenses requested. The applicant, Jose Rodriguez -Alvarez, requested Council approval. There were no questions or comments. Motion as made by Swecker, seconded by LaBeau, to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Anderson, seconded by Swecker, to grant an on -sale and Sunday liquor license to El Parian Mexican Restaurant of Lakeville, LLC, 17557 Glasgow Avenue. Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 8. Sawa Japan Lakeville, Inc. Mayor Little opened the public hearing to consider the application of Sawa Japan Lakeville, Inc. for an on -sale and Sunday liquor license at Sawa Japan Steakhouse & Sushi, 18453 Orchard Trail. Chief Long stated the application has been reviewed and meets all City and State qualifications for the licenses requested. The applicant, Lin Xiong Li, requested Council approval. There were no questions or comments. City Council Meeting Minutes - June 6, 2016 Page 4 Motion was made by LaBeau, seconded by Swecker, to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Davis, seconded by LaBeau, to grant an on -sale and Sunday liquor license to Sawa Japan Lakeville, Inc., 18453 Orchard Trail. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis 9. Argonne Hills Senior Housing Mayor Little opened the public hearing to consider the vacation of a public drainage and utility easement in conjunction with the Argonne Hills Senior Housing project located northeast of Junelle Path and south of 175' Street. Planning Director Daryl Morey stated the existing outlot contains a 30 foot wide public drainage and utility easement along the east property line, which was established with the Argonne Village commercial plat. The easement is proposed to be vacated and re-established with the Argonne Hills final plat. The Argonne Hills final plat is consistent with the approved preliminary plat. There were no questions or comments Motion was made by Swecker, seconded by LaBeau, to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Anderson, seconded by Swecker, to approve Resolution No. 16-77 approving the final plat of Argonne Hills Senior Housing; and Resolution No. 16-78 vacating a public drainage and utility easement. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little 10. Frontier Communications of Minnesota, Inc. Mayor Little opened the public hearing to consider the application of Frontier Communications of Minnesota, Inc. for a cable communications franchise. Brian Grogan of Moss & Barnett, representing the City on this matter, provided a brief overview of the application process. He cited a portion of the Federal Cable Act, which promotes competition in cable communications. He explained that the City is the franchising authority and may award one or more franchises within its jurisdiction. A franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise. Minnesota Statute states that no municipality shall grant an additional franchise for cable service for an area included in an existing City Council Meeting Minutes - June 6, 2016 Page 5 franchise on terms and conditions more favorable or less burdensome than those in the existing franchise. This requirement pertains to the area served, public, educational or governmental access requirements, and franchise fees. Mr. Grogan outlined the process for franchising as required by Minnesota Statute 238.081. May 16, 2016 was the closing date for submission of applications, and the City received one application from Frontier Communications of Minnesota, Inc. The statute requires that the City Council conduct a public hearing to receive input from all parties. The City and Frontier Communications can now begin negotiations with respect to a cable franchise. Jack Phillips, representing Frontier Communications of Minnesota, Inc. provided an overview of his company and its desire to introduce a new cable service in the City of Lakeville. Leann Herrera, representing Charter Communications, stated Charter does not oppose franchise competition as long as the process is fair and maintains a level playing field. She stated Charter feels the content of the application submitted by Frontier is deficient under state and local laws and fails to show the applicant's legal, technical and financial qualifications. She stated Charter's initial review of the Frontier application indicates that it has not provided full responses on several issues; and Charter respectfully requests that the City require modifications to the application and not permit a franchise that bestows competitive advantages on new entrants. Mr. Grogan explained that if the City were to negotiate an acceptable franchise with Frontier, the franchise would be adopted in the form of an ordinance, which would require a separate public hearing. There were no additional comments. Motion was made by Davis, seconded by LaBeau, to close the public hearing. Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little Swecker abstained. 11. Linden Ridge Preliminary Plat Bob Wiegert, Paramount Engineering, requested Council approval of the Linden Ridge preliminary plat, consisting of 93 single family residential lots and three outlots on property located east of Hamburg Avenue approximately one-quarter mile north of 210`h Street. Mr. Morey presented the planning report for Linden Ridge. He explained that the preliminary plat meets the lot area, lot width and building setback requirements of the RS -4 City Council Meeting Minutes - June 6, 2016 Page 6 District, which is the standard for single family homes in the RST -2 District. Staff recommends approval of the preliminary plat subject to 12 conditions. Mr. Morey reiterated the discussion held at the Planning Commission meeting related to the existing condition of Hamburg Avenue, which is proposed to be resurfaced in 2018. He explained that Dakota County is reviewing the Hamburg Avenue/County Road 50 intersection and the Cedar Avenue/County Road 50 intersection for possible future improvements. He pointed out that the construction of 205th Street between the Cedar Crossings subdivision and Linden Ridge will provide full access at Cedar Avenue. Motion was made by Swecker, seconded by Anderson, to approve Resolution No. 16-79 approving the Linden Ridge preliminary plat. Roll call was taken on the motion. Ayes - Anderson, Davis, Little, Swecker LaBeau abstained. 12. Issuance of 2016B Bonds Finance Director Jerilyn Erickson presented a resolution authorizing the issuance and sale of $24,145,000 General Obligation Bonds, Series 2016B. The bonds are being issued to fund four projects: the 2015 street reconstruction (phase 2), the 2016 street reconstruction, Highview Avenue and Lift Station #6 rehabilitation. Ms. Erickson briefly outlined the bond structure and call provisions. Motion was made by Anderson, seconded by Swecker, to approve Resolution No. 16-80 authorizing the issuance and sale of $24,145,000 General Obligation Bonds, Series 2016B. Roll call was taken on the motion. Ayes - LaBeau, Davis, Little, Swecker, Anderson 13. Unfinished business: None 14. New business: None 15. Announcements: Next regular Council meeting, June 20, 2016 Mayor Little adjourned the meeting at 7:51 p.m. Respectfully submitted, Charlene Friedges, City Cler Matt Little, Mayor