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HomeMy WebLinkAbout11-02-98 ' CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2,1998 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 Ryan, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; R. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Bellows, Lieutenant; D. Volk, Director of Operations & Maintenance; D. Quintus, Recording Secretary. MINUTES The minutes of the October 19, 1998 City Council meeting and the September 28, 1998 Council work session were approved as presented. STAFF ANNOUNCEMENTS • Attorney: None. Engineer: City Engineer Keith Nelson announced that the 185th Street. and Ipava Avenue intersection was officially reopened as of this date, November 2, 1998. Administrator: None. Director of Operations & Maintenance: Mr. Volk presented the October, 1998 Operations & Maintenance Department monthly report. PRESENTATIONS/INTRODUCTIONS Mayor Zaun read the Proclamation for America Recycles Day prepared by the City of Lakeville declaring November 15, 1998 as America Recycles Day. The goal of the 1998 theme, "If you're not buying recycled, you're not really recycling", is intended to heighten the awareness of the public and encourage the purchase of recycled content products. 98.242 Motion was made by Sindt, seconded by Mulvihill to proclaim November 15, 1998 as America Recycles Day. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. VFW Post 210 Commander Al Lefky and Gene and Betty Monson, Chairs of the Voice of Democracy contest, requested, on behalf of the VFW Post Z 10 and its Ladies Auxiliary, that the City Council proclaim November 1St through 7th, 1998 as Voice of Democracy Week in CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 1998 PAGE 2 Lakeville. Mr. Monson presented a brief description of the Voice of Democracy Scholarship Program which encourages 10th, 11th and 12th grade students to write and speak up for the future of democracy in an essay entitled "My Service to America." Mayor Zaun read the proclamation and presented it to the Council for consideration. 98.243 Motion by Ryan, second by Mulvihill to proclaim November 1St through 7th, 1998 as Voice of Democracy Week in Lakeville. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. Mr. Richard Tostenson, Senator Rod Gram's Law Enforcement Liaison, presented an award from the United States Senate to the City of Lakeville to recognize the Lakeville Police Department's crime prevention initiatives. Recent crime prevention efforts include the Police Department's association with the "Town Watch" national organization and the work done in concert with "National Night Out' and other crime watch programs. Lt. Dave Bellows accepted the award on behalf of Police Chief Dave Martens and the Lakeville Police Department. Lt. Bellows extended special recognition to Crime Prevention Specialist Lori Clemmer for the significant work she had done in this area. • CITIZENS' COMMENTS: None CONSENT AGENDA Council Member Ryan asked that a portion of item 7b. Receive minutes of Snowmobile Task Force, October 22, 1998 and item 7f be removed from the consent agenda. Council members added Item 10 to the consent agenda. 98.244 Motion was made by Holberg, seconded by Mulvihill to approve the consent agenda items as amended: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Parks & Recreation Committee, October 14, 1998 Removed from the A enda Neighborhood Planning Districts, October 20 and October 22, 1998 Cable TV Board, July 30, 1998" Ice Arena Committee, Dctober 21, 1998 Planning Commission, October 15, 1998 Environmental Affairs Committee, October 13, 1998 CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 1998 PAGE 3 • c. Resolution 98-227 authorizing speed limit study on 165th Street. d. Resolutions 98-228, 98-229, 98-230, and 98-231 accepting donations from International Chemtex Corporation, Rotation Dynamics Corporation, Babe's Sportsbar & Grill and White Funeral Home, Inc. to the DARE program. e. Resolution 98-232 accepting donation from Lutheran Brotherhood to the Senior Center.. f. Removed from consent a eg nda. g. Resolution 98-233 approving a gambling permit for Bloomington Lions Club. h. Resolution 98-234 for continued participation in the Metropolitan Livable Communities Act. 10. Appointments to Meals on Wheels Advisory Committee. Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. ITEM 8 City Planner Daryl Morey presented the City of Lakeville application for the preliminary and final plat of the Heritage Library Addition. The proposed plat consists of two lots on one block on 14.6 acres located north of 202"d Street (CSAH 50), south of Heritage Drive, and west of Holyoke Avenue. Proposed Lot 1, Block 1 will plat the existing City Hall site (9.3 acres) and Lot 2, Block 1 will plat the site of the proposed Dakota County Heritage Library (5.3 acres). The property is currently zoned B-4, General Business District and the proposed library and existing City Hall are permitted uses in the B-4 District. Planner Morey presented details of the site design and proposed building pad, parking lot, and on-site traffic circulation for the proposed Dakota County Heritage Library facility. A revised site plan submitted in response to Planning Commission recommendations identifies a truck turnaround in the westerly (staff/service) parking lot and a driveway connection to the City Hall parking lot to allow a shared parking and access arrangement between the two uses. Planner Morey indicated that the City will expand the City Hall parking lot to the north and construct an additional driveway access to Heritage Drive from the City Hall parking lot. The. Planning Commission held a public hearing on the preliminary and final plat at their October 15, 1998 meeting. The Planning Commission unanimously recommended approval of the preliminary and final plat subject to the four stipulations listed in the October 9, 1998 Planning Report with the addition of one stipulation that requires the approval of an access variance for the existing City Hall driveway off of 202"d Street (CSAH 50) by the Dakota County Board of Commissioners prior to the recording of the plat. CITY OF LAKEVILLE COUNCIL MEETING • NOVEMBER 2, 1998 PAGE 4 98.245 Motion was made by Holberg, seconded by Sindt to adopt resolution 98-235 approving the preliminary and final plat of Heritage Library Addition. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. Council. member Sindt excused herself from the dais at this time due to potential conflict of interest with agenda item number 9. ITEM 9 Cable Coordinator Jeff Lueders introduced Cable TV Franchise subcommittee members Greg Stattman, Greg Maliszewski, and Robin Selvig; legal counsel Brian Grogan, Mass & Barnett; Jane Bremer, Larkin Hoffinan Daly; Consultant David McKenzie, McKenzie & Associates; Marcus Cable representatives Rob Roeder, Operations Manager, and Darren Helgeson, lead technician. Mr. Lueders indicated that this group, as well as Chris Oace, former City Cable TV Coordinator, and Scott Binder, former Director of Operations for Marcus Cable, were. all instrumental in formulating the proposed Cable TV Franchise, Ordinance, and Transfer Agreements and the Telecommunications Capacity Lease Agreement documents being presented to City Council for consideration and approval. • Mr. Lueders indicated that the City's Cable Commission and its negotiating subcommittee have worked diligently for the past two years to negotiate a new cable television franchise with Marcus Cable. As a result of the combined efforts of Marcus Cable representatives, the .Cable TV negotiating subcommittee, consultants and legal counsel, staff, and with direction from the City Council, Mr. Lueders expressed his opinion that the proposed Franchise Agreement will position the City to .enter the 21St century with a greatly improved communications infrastructure which will serve to enhance commercial opportunities for area businesses and allow residents and cable television subscribers to receive the benefit of the many communications services within Lakeville. Mr. Lueders indicated that the new Cable Television Franchise Agreement and .Cable Television Regulatory Ordinance between the City and Marcus Cable Partners, L.P. provides for the installation of ahigh-speed, fiber-optic communications network that will connect all of the City's operations. The proposed Franchise Agreement .includes an agreement by Marcus Cable to construct a cable system that will provide approximately eighty (80) channels of programming with significant capacity to increase programming options in the future through fiber-optic cable. Mr. Lueders further indicated that the agreements provide the Lakeville community with improved signal quality and enhanced reliability, as well as greater channel capacity to provide quality educational and governmental programming, in addition to traditional cable television programming, and also enhanced data services and, potentially, voice communications over the • cable wire. These agreements also establish regulatory powers to provide for and specify the means for attaining the best possible cable television customer service standards to the community's residents and businesses. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 1998 PAGE 5 • 98.246 Motion was made by Mulvihill, seconded by Holberg to approve the Cable Television Franchise Agreement and Cable Television Regulatory Ordinance No. 636. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Mulvihill. Sindt abstained due to potential conflict of interest. Mr. Lueders presented a request from Marcus Cable Partners, L.L.C. for a transfer of control of the Franchise Agreement to Vulcan Cable, Inc. The new name for Marcus will be Charter. Staff recommends approval of the transfer of control of the franchise. The City has also negotiated with Marcus Cable and its operating subsidiary, Marcus FiberLink, a Capacity Lease Agreement for the telecommunications network which will provide voice and data communications to specified City locations. Through this Agreement, the. City will greatly reduce its costs presently associated with these services and will be one of the first cities in the. state to partner with a cable operator to use the enhanced capacity of the new cable television system to address a variety of communication needs in the community. The Council expressed their appreciation for the Cable TV Board and negotiating subcommittee, .staff, legal counsel, consultants, and cable TV representatives. for their diligence in negotiating these agreements. The Council agreed that the general operations of the City, along with its • residents and businesses, will benefit through the ability to instantly share information. These agreements will provide the community with information-based services in an efficient, timely .and cost-effective manner. 98.247 Motion was made by Mulvihill, seconded by Holberg to adopt resolution 98-236 authorizing transfer of control of the cable television franchise and approval of the Telecommunications Capacity Lease Agreement. Roll call was taken on the motion. Ayes, Ryan, Zaun, Mulvihill, Holberg. Sindt abstained due to potential conflict of interest. Council Member Sindt returned to her seat at the dais. ITEM 7B Council Member Ryan indicated his concern that Motion 98.08 of the October 22, 1998 Snowmobile Task Force Meeting was passed on a one-vote margin with only seven (7) members present for vote. Council Member Ryan stated that the motion, a recommendation to City Council to restrict snowmobiling from streets and sidewalks in designated areas of the northern urbanized sections of Lakeville, should have the benefit of a formal recommendation from the full Snowmobile Task Force membership due to the sensitivity of the subject. Council Member • Ryan referred to a letter he had received from Mr. Jerry Bedeaux who is a member of the Task Force but was unable to attend the October 22, 1998 meeting in which Mr. Bedeaux expresses his concern that snowmobiling is being restricted in the northern areas of Lakeville. CITY OF LAKEVILLE COUNCIL, MEETING NOVEMBER 2, 1998 PAGE 6 • Parks and Recreation Director Steve Michaud responded that, after considerable discussion at an October 1, 1998 Snowmobile Task Force Meeting, the membership recommended continued discussion and formal recommendation on this issue be deferred to the October 22, 1998 meeting to allow the membership additional time to study the issue or, perhaps, to suggest alternate trail routes through northern Lakeville that would have less impact on the northern residential areas. Parks and Recreation Director Michaud indicated that the membership determined that the trail through the Zweber property was no longer viable because the property is currently being developed as residential and permits are not available to continue this trail corridor through the Zweber Woods property. Because of the difficulty in finding acceptable trail corridors through existing residential areas in the northern section of the City, staff recommends that trail locations be identified in undeveloped areas outside- the MUSA where trails have a potential to exist for several years. After further discussion, Mayor Zaun and Council Members Sindt, Mulvihill, and Holberg agreed that the Council is being asked to formally receive the. draft minutes. of the October 22, 1998 Snowmobile Task Force meeting and that, if the Council desires to further discuss this specific issue, a Special Work Session of the City Council would be an appropriate forum for continued discussion. 98.248 Motion by Ryan to direct that the Snowmobile Task Force reconvene prior to their scheduled • meeting in February 1999 to allow additional input regarding the snowmobile trail corridor in northern Lakeville. The motion died for lack of a second. 98.249 Motion by Holberg, second by Mulvihill to accept the November 2, 19981etter from Mr. Gerald Bedeaux for the record and to receive the October 22, 1998 Snowmobile Task Force meeting minutes. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. ITEM 7F Council Member Ryan requested clarification of the City's Wetland Bank, specifically regarding the City's formula for establishing a value on the City-owned wetland bank and City policy for use or distribution of the wetland credits. City Engineer Keith Nelson indicated that the City's 13.75-acre wetland banking site, located in the northeast quadrant of the 185th Street and Ipava Avenue intersection by the City's Water Treatment Facility, was approved by the Technical Evaluation Panel (TEP) for deposit into the State Wetland Bank on September 22, 1998. Mr. Nelson noted that the wetland bank has been . used exclusively for City projects such as Heritage Square. CITY OF LAKEVILLE COUNCIL MEETING NOVEMBER 2, 1998 PAGE 7 The bank has been considered for use by other public entities (County, school districts) for projects that benefit the City, although no specific policy or value has been set. Council Member Holberg suggested that this issue be discussed at a future work session. 98.250 Motion by Sindt, second by Mulvihill to approve the Wetland Bank Application. which will enable the 13.75-acre wetland immediately north of the Water Treatment Facility to be credited into the State Wetland Bank. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan, Zaun. UNFINISHED BUSINESS Council Member Holberg indicated that Dakota County has requested a time to provide the Lakeville City Council with a presentation on the results of the County Road 42 Task Force Study. The Council agreed to place the County Road 42 Task Force. Study presentation on their November 30, 1998 Budget Work Session agenda at 5:00 p.m. NEW BUSINESS Mayor Zaun indicated that .the impending state-wide election for State Representative of District 37B could result in a vacancy on the City Council. Mayor Zaun requested input from City Attorney Roger Knutson regarding the process for filling City Council vacancies that occur before their full term has expired. City Attorney Knutson responded with alternatives that the City has in filling vacancies on city councils. Mr. Knutson indicated he will prepare a document outlining the legal processes that the Council may elect to follow in the event a vacancy does occur. ANNOUNCEMENTS Next regular Council meeting, November 16, 1998. Mayor Zaun adjourned the Council meeting at 9:15 p.m. Respectfully submitted, Donna Quintus,. Recordi g Secretary Duane Zaun, Mayo i