HomeMy WebLinkAbout09-06-16CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
September 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; Dave Olson, Community & Economic
Development Director; John Hennen, Parks & Recreation Director; Charlene Friedges, City
Clerk
3. Citizen Comments: Basil Meyer, 17869 Formosa Court, stated he has been notified by the
City's planning department that a portion of his concrete driveway is in violation of the
City's setback ordinance. He asked the City Council to consider allowing him to keep the
driveway at its current location.
Mayor Little referred the matter to City staff for review and recommendation.
4. Additional Agenda Information: Mr. Miller provided an amendment to the August 15,
2016 City Council meeting minutes. He also presented a request by Lakeville Brewing
Company for an outdoor event on September 15, 2016 (item 60.
5. Presentations/Introductions: Chief Long presented the Police Department quarterly
report.
6. Consent Agenda
Motion was made by Davis, seconded by Swecker, to approve the consent agenda items as
follows:
a. Claims for payment
b. Minutes of the August 15, 2016 City Council meeting, as amended
c. Minutes of the August 22, 2016 special City Council meeting
d. Minutes of the August 22, 2016 Council work session
City Council Meeting Minutes -September 6, 2016
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e. Resolution No. 16-112 authorizing VFW Post 210 to conduct off-site gambling at All
Saints Catholic Church
f. Extension of Lakeville Brewing Company on -sale liquor license for outdoor events on
September 9, 2016 and September 15, 2016
g. Agreement with Amanda Ewers, Country Heat Live, for the Recreation Department
h. Resolution No. 16-113 authorizing Lakeville Lions to conduct off-site gambling at
Rudy's Redeye Grill
i. (item removed)
j. Agreement with 121 Benefits for COBRA administration and continuation services
k. Acceptance of improvements and final payment to Veit & Company, Inc. for Hamburg
Avenue water quality improvements, Project 15-17
1. Encroachment Agreements with Marilyn and Guy Stein and with Cory and Kelly Pluta
for installation of private landscaping on public easements
m. Partial release of development contract for Outlot T, Avonlea
n. Kenyon Retail Assignment and Assumption of Development Contract
o. Resolution No. 16-114 approving the final plat of Argonne Fields
p. Resolution No. 16-115 approving the final plat of Spirit of Brandtjen Farm 171 Addition;
and Resolution No. 16-116 designating "no parking" areas
q. Contract with Archer Mechanical for replacement of Lakeville Liquors Kenrick Store
roof top units
r. Resolution No. 16-117 approving the preliminary and final plat of Crossroads East
second Addition; findings of fact and conditional use permit to allow a minor auto
repair facility
s. Resolution No. 16-118 accepting donation from Lakeville Public Safety Foundation
City Council Meeting Minutes - September 6, 2016
t. Authorization to replace Police Squad 469
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u. Agreement with Megan Hennes, Tiny Tots Turf Soccer, for the Recreation Department
Voice vote was taken on the motion. Ayes - unanimous
7. Frontier Communications Cable Franchise
Mayor Little opened the public hearing to consider an application from Frontier
Communications of Minnesota, Inc. for a cable franchise.
Brian Grogan provided a brief overview of cable franchise laws and a background on the
existing Charter franchise, which was granted in 1998. He also provided a background on
the Frontier cable franchise request. He explained that the proposed franchise with Frontier
contains the same general terms and conditions as the draft franchise sent to Charter last
year for franchise renewal. Renewal negotiations with Charter are still ongoing. The
proposed franchise with Frontier was presented to the City's Cable TV Board, who
unanimously recommended approval.
Mr. Grogan explained that the proposed franchise agreement will grant Frontier an initial
five year franchise term. If, after five years, the City is satisfied that Frontier has complied
with the terms of the franchise, it may grant a five year extension. The franchise agreement
requires Frontier to substantially build out its cable system throughout the entire city within
the initial five year term. He pointed out that the system build out requirements in the
franchise are identical to what is provided in state statute. Quarterly meetings are required
to verify compliance with the construction obligations.
Frontier has agreed to provide five PEG channels on or before February 1, 2017. Frontier
has agreed to provide all PEG channels in standard definition and high definition and will
match the PEG fee currently paid by Charter. Frontier is required to provide
complimentary cable service to City and school buildings. Frontier has committed to
provide both the service and equipment at no cost.
Kevin Saville, Vice President and Deputy General Counsel for Frontier Communications,
briefly addressed the City Council, requesting approval of the cable franchise.
On behalf of the Cable TV Board, Robin Selvig recommended approval of the franchise
agreement with Frontier.
City Council Meeting Minutes - September 6, 2016
Tom Bordwell, Director of Government Relations for Charter Communications, listed
several concerns that Charter has with the Frontier application and franchise proposal.
There were no further public comments.
Motion was made by Davis, seconded by Anderson, to close the public hearing.
Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis
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Council Member Anderson questioned Mr. Seville regarding Frontier's financial
qualifications and asked how Frontier would define substantial completion of construction.
Mr. Saville stated Frontier provided, with its initial application, financial information for its
parent company, which indicated a substantial operating profit. He stated, based on his
interpretation, the application requirements allow for submittal of corporate level financial
information. With respect to substantial buildout, he stated Frontier fully expects to be able
to serve a high percentage of households in a short period of time. Frontier has the unique
opportunity to build on and expand its existing infrastructure and will comply with the
requirements of the franchise agreement.
City Attorney Roger Knutson stated he has reviewed the proposed franchise agreement and
feels the potential risks to the City in granting this franchise have been covered very well.
Motion was made by Davis, seconded by Anderson, to approve the following:
• Resolution No. 16-119 regarding an ordinance granting a competitive cable franchise
to Frontier Communications of Minnesota, Inc.
• Ordinance No. 969 granting a franchise to Frontier Communications of Minnesota,
Inc. to construct, operate and maintain a cable system in the City of Lakeville
Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little
Swecker abstained.
Motion was made by Davis, seconded by Anderson, to adopt Summary of Ordinance No.
969 for publication.
Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little, Swecker
9. Unfinished business: None
10. New business: None
11. Announcements: Next regular Council meeting, September 19, 2016
City Council Meeting Minutes - September 6, 2016
Mayor Little adjourned the meeting at 8:15 p.m.
Respectfully submitted,
Charlene Friedges, City
Matt Little, Mayor
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