HomeMy WebLinkAbout12-07-81
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cz~Y o~ ZAkCEVILLE couraclz ME~TINr
December 7,.1981..
's'he meeting was called to order by mayor -,Tensen at 7 :30 pem. "'he pledge
of allegiance to the flag;was given.
.Roll. call was taken. Present: Counclmerdbers Nelson, Zaun, Sindt, Enright
and r2ayor Jensen.
Also present: Roger I:nutson, Citp Attorney; Keith Nelson, Consta~.tinq Gity
Engineer; Patrick McGaree~', City Administrator/C1er~; Ja.mss Robinette,.
Public Works Director; Adrian Herbst and Garv Matz,;smecial legal counsels
of the City for the-cable television franchise.
81.573 Motion was made by Zaun, seconded.~iy Windt to ax~prove the minutes of the
November 16, 19.81 council meeting.
Roll call was taken on the motion. Ayes, Nelson, Jensen,- Zaun, Sindt & Enright.
81s57~ ..Motion was made by Zaun, seconded by Nelson to.a*~nrove the claims for payment
as presented.
Roll call was `taken an the motion. flees, Jensen, Zaun, Sindt, Enright & Nelson.
Staff reports:
The Gity Attorney.,... Roger Knutson, noted that. the Cite and school district can
enter into joint powers cooperative agreements for matters such as development
of recreational facilities and ax~portion the costs thereto.
The council discussed having a joint meeting with the Z,akeville school district
school board and-suggest that the meeting be arranged for 6'.p.m, on December.
21, 1981 in the City Council chamber..
81..575 Motion was madeb~r Sindt, seconded by Zaun to-..receive the three advisory
committee meeting minutese
Roll 'call was taken on the motion. Ayes, Zauin, Windt, Enright, Nelson & Jensen.
81.576 ".Motion.-was made. by Zaun,•seconded by Sindt to edoot Resoli2tian No. 81-100
vacating .the x~ortion of_ Beach Avenue between ,Tersev Avenue ~~est and U~a~er
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196th Street subject to the City retai.nincs a 10 foot uti?it~~.easement down
.the new common lot line running •ca-?roue~h th.e :3~ac~z Avenue a.r_ea being vacated,
Roll call was taken on the. notion.. Ayes, Sindt, Enright,_,~~elson, Jensen & Zaun.
81.577 Motion was made by Sindt, s+~concled by Nelson to table to the ~Tanuary 18,..;1982
council meeting any council action on ordering or denying the proposed utility
~aroject along County Road 64 to the„caest Sider>of I-35 and along Kenrick'
Avenue due to requests from some of tae lap,? owners involved with the ??roject:
Roll. call was taken on the motion.. A~~e~., Enright, Nelson, ~7ensen, Zaun & Sindt.
The. City Administrator gave the counci'_ a brief background rex~ort on the
City comprehensive planning process-and the recommended amendments to-the
City comprehensive plan documents, which were given a public hearing in front
of the Plannincy Commission. on November 19, 198:1 after their ax~x~roval by the
*~Ietropolitan council bn September 2~, 19£31,
81.578 Motion was made by Zaun, seconded by Nelson to adopt Resolution No. 81-101
approving the Lakeville Comprehensive Plan and adopting it with the revisions.
Ro11 call was 'taken on the motion.`-Ayes, Nelson, Jensen{ Zaun, Sndt & Enright.
81.579 Motion was made by Nelson, seconded by Enright to acce~?t the immrovertents
in-the Niakwa Village 2nd Addition sub`}ect to receipt of the bond from the
develaper for the. one year mantenance~period and the as-built glans.
Roll..call was taken. on the motion. 'Ayes, Jensen, Zaun, Sindt® Enright & Nelson.
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.CITY OF LA3CEVILLE COUNCIL MEEaING.'
December 7,.1981
81.5,80 Motion was made by Nelson, :seconded by Zaun to approve a time extension to
June 1, 1982 for entering into a contract with Fredrickson Excavating for
;the improvements to the Valley Park 8th Addition,-.Phase 3A, as requested
by the developer and the 'contractor.
Roll call was `taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson & Jensen.
The. City Administrator and City Engineer .explained the request from .Despatch
Industries to construct a storm sewer from Hull Avenueeasterly to Huahes
Avenue across the City mark and a request for the. City Council to allow
Consulting Engineers Diversified to work directly for the company on `the
rolans far. the installation....
81.581 Motion was made by Zaun, seconded by .Enright to a~?prove the installation of
the storm sewer from Hull Avenue over to Hughes Avenue across the City
park and to allow Consulting; Engineers Diversified to work directly for
Despatch Industries in designing and supervising the. construction of the
improvement, all at theexx~ense o~,Despatch Industries.
Roll call was aken on the motion. 'Ayes, $indt, Enright,. Nelson, .Jensen & Zaun.
81.582 Motion was made by Nelson, seconded by Sint to approve change order No, 4
on Project 80-6 in the amount:<of $18,660.15 for work in the wldwood Ponds
Addition street improvements
Roll. call was taken 'on the motion; Aves, Enrght,`Nelson, Jensen, Zaun & Sindt.
`81.583 Motion was made by Zaun, seconded by; Nelson to accent the Cedar Avenue
bikeway project 8J-14 and release the maintenance bond.
Roll Call was taken on the motion. Ayes.,. Ne~.san, ;:Jensen, Zaun, Sindt & Enright.
81.584.. Motion was made by Sndt seconded`bu Enright to accept the Bassett's 2nd
and 3rd Addition i~aiprovea~aents, project. 79-13, and release the maintenance bond.
Roll call was taken on the motion. Aeys, ,7ensen, Zaun, Sindt, Enright & Nelson.
81,585 Motion was made by Zaun, seconded by Nelson to accent the Orchard Trail
street improvement project No. 79-8 and release the: maintenance k~ond.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Enright, Nelson & Jensen.
81."586 Motion was'~a.de by Zaun, seconded by Nelson to accept the improvements in
the Dodd. park Addition subject to receipt of the as-built engineering plans
and the one-year maintenance bond.
Roll `call was taken on the motion. Ayes,. Sndt, Enright, Nelson,-:Jensen & Zs.un.
81.587 Motion. was .made by Nelson, seconded ~y Enright to ax~prove the classification of
tax forfeited. lands as recommended by Dakota County, with the exception of
lots 11 and 14 in Block-3 of Lakeville Hills Addition, :which the City. wishes ,
to acquire .
Roll call was taken on the motion. .Ayes Enright, :Nelson, Jensen, Zaun & Sndt.
81.588 Motion was made by Zaun, seconded by Nelsom to adox~t Resolution No. 81-102
stating the City Council's position on the reseal of limits imposed on the
sale of municipal bonds-interest rates and the sunset srovision under present;'
state law.
Roll call was taken on t he motion . Ayes , Nelson , Jensen , Zaun , Sindt & Enright .
At this time Mayor Jensen o~aened the public hearing on determining whether
Metro Cable, Inc, has combled with all the terms. and conditions of its
franchise"ordinance. The City Clerk-attested to the legal notice for the
hearing in. the `official city newsnaper._
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CITY OF LAI:EVIL7~E COUNCIL METING
Decem'oer 7, 1981
At this.time, Duane Zaun, Chairman of the Cable T.V. Committee, gave a
report. on the wark of the committee. beginning early in 1981 ua~ to tkae date
of the hearing. James Robinette, Public 4~orks Director, gave a braef history
of the Cable T.V: franchise in Lakeville from 1968 uz~ to the present time.
It was poanted out that R4etro Cable, Inc.. bought out Electronics Consultants
an 1974,'
At thas time, Councilman Zaun explained the options available to the Ctv`
Council in considering the franchise ..for the future. One o~otion would be
a short term renewal,. such. as .two .years, and the continued exploration
nossibly'on a joint basis. for a new franchise. Another option would be'
,
the long term renewal, of the franchise wath Metro Cable, Inc. up to 15 years.-
Another:option is to e~uand the Gable T.V. Committee to exx~lore the
.:assessment of needs fort/ the city during a short term renewal .such as twa
years.
Another oution would be to terminate the present cab~.e franchise holder.
The Caty:Administrator explained the options to the City_ as:.outlined by
Councilman Zaun, It was .also explained that the public hearing could be
closed or continued, and that once the hearing is closed,. the matter should
be referred back to the Cable T.V. Committee for a recommendation to the
City Council early in January of-1982.
At this .time n2ayor Jensen cal~.ed upon t~tr. Fran7c ~.~oytek from' Metro Cable,::
Inc. to address the City Council concerninn the franchise.' Mr. PTovtek
stated that Metro Cable had purchased the franchise and'com?~any in 1974
and. has invested $1,3' million in the cable T.V'. sy_stem`since then in the
cities of,Lakevalle, At~ple Valley, Farmington .and Rosemount.. Mr. [^IoYtek
read a prepared statement outlining the;propased service expansion in Lakeville
if the franchise is renewed with T•4etro.Cable. Mr. ~~oytek presented a map
showing ho~a the system would be expanded by extending the system in the years
.1982:and-83 in Lakeville.
P!ir. [~Joytek stated that :Metro Cable proposed to upgrade the oresent existing
system in Lakeville to 33O 1~dH by 1985 a.nd then to take the system up to
440 MH when-41 channels arefullo Mr. G~7oytekindcated that they expect to
invest $400,000 in the next two years in Lakeville to expand and upgrade
the s~rstem and ervices .
At-this time-the mayor. opened the r~ublic hearing to questions and comments
from those. present in he audience.
Mr. Vern Nelson, representing the Lakeville School District, thanked the
council for allowing their input into the franchise renewal ~roeess and
-indicated the system had worked closely with the school district.
PRr. Craig Finch asked if the system would be shut ..off of the franchise was
not renewed. ~ ,
Mr. Adrian Herbst, legal. counsel to'the City,. stated that that could ha!open,
but that all the parties were taorking to avoid that either through the
issuance of a two-year renewal or a possible variance from the State
Cable Board. Mr. Herbst indicated. that the. operator of the system may
not choose to acce?at thosealternatztres if offered by the City.
Mr. Don`P+IOSS asked what the Bost of the ...expansion of the system in Lak.evil~e
would bee Mr. Woytek explained that the cost would be $35:0.,000 or more,
Mr. Craig Finch stated that he was very'satsfied with the present system
.and.. ervice.
Mr. Vern Nelson stated that the Lakeville School Distract had received
very good maintenance service at the schools .from `Metro Cable.
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CITY OF LAKEVILLE COUNCIL l~'IEETING
December 7, 1981
Mary Jean Tonser indicated that they'had lived in Lakeville previousln
in a Hart of the city that had this': service,: and that they en-j-Dyed it.
They now live in Lakeridge Addition and would like very much to have
this service within the near future.
n~ir. Donald stated that he .was very satisfied c~ith the service.
Mr. Larry Oreschnick stated that then wanted the service in their area
c~fthe city and he questioned how tocontrol R-rated movies on cable T.V.
Mr, woytek explained that there is a lock box which can be purchased fore
$20, including the box and install~aicn, which can lockout those tyz~e
of movies...
Mr. Bruce .McBride .stated: that he had received good service from the system.
Pair: Vern;: Nelson questioned: what 4v~e o` service Lakeville now. has from
22etro Cable.
Mr. t~.oytek stated that the system presently has capacity for 27 channels
with 18 in :use. Mr. L~Tovtek stated that to have a system ca*~able of
more titian ~l channe~.s in the future, will require the installation of
new cable as well as, electronics.. - 4`
Mr. David DeBuhr asked- when Dakota Heights ~,aould receive -service:
tdr. V~oytek explained that it„ w€auld be t~h~o ~~ears .before all of the residents
in Dakota`Heights would have service, under his ~roz~osal:
At this time, members of. the Gity Council raised.. questions or comments.
Counclmember Sindt asked about the service to the Farmington schools-
b~r Metro Cable and use o the system by none-profit civic.grouns. Mr.
Woytek statedthat they ,could use the system for free on"a particular
channel.'
Mr. Charles Johnson asked about the origination of programs from the
school buildings themselves.
Mr.`Woytek indicated that for now"they would probably have to use the
broadcast facilities available at the ~'~etro Cable offices.
Ann Davis of the Minnesota State Cable Board stated that the board would
not. shut off an existing operating system. She stated that an opinion
from the Attorney General°s'office states it would be ~o Bible to ...levy.
injunctions or fines`againSt either the City: or the cable o~aerator
not in compliance with state cable reruirer.~ents, but the system .would
not be shut off by the state.
8L. 589 Potion was made by Zaun, .seconded by ,7ensen to continue the public' hearing
to, the December 21® 1981 .council meeting, after which the Cable T.V.
Committee-will meet to make a recomtatendation to the full City_ Council
at the January 18,.1982 council meeting:
Roll call was taken onthe motion. Aves,'Jensen, Zaun, Sindt, Enright & Nelson.
81.590 Motion was made. by Jensen, seconded by Sindt to table to''the December 21,
1981 council meeting council action on the fire fighting service agreement
with the Eureka. town board.
Roll call was .taken on the motion. Ayes, Zaun, Sindt? Enright, Nelson & Jensen.
At this time Mr. Robert Norden was interviewed for a position on the .Park
and Recreation_Advisory Committee.
81.591 Motion was made by Zaun, seconded by Nelson ;to apz~ont Mr. Robert Norden
ao the vacancy bn the ?'ark and` Recreation` Advisory Committee for a term
expiring on January 1, 1983.
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cz~rx o~ ~,Aac.~vzLLE couNr_z~ r~tEETzNc
December -7, 198~t
Roll call .was taken on the motion. Ayes, Sindt,'Enright, Nelson, Jensen & Zaun.
81.592 .Motion was made by Sindt, seconded by Zaun to authorize. the City Administrator
to forward the 'Environmental Assessment [~Torksheet on the Argonne Park
.subdivision to the Minnesota Environmental Quality Board with a finding
of no significant imaact.
Roll call was taken on the motion; Ayes,;Enright, Nelson, Jensen, _Zaun & Sindt.
At this time Councilman Nelson left the council meeting to go to work.
At this time the City Council took up consideration of the alternatives
available from the',Minnesota Legislature to deal. with the state budget
financial crisis. The consensus of the City Council was that the council
favored the removal of levy limits on City. government so that elected
officials of the city could have the-flexibility to provide cit~T servioes
they determine are necessary and to oppose cuts in municipal state aid
to the City as proposed in the magnitude recommended by the governor's
office..
81,593 Motion was made. by Zaun, seconded by Jensen to adox~t Reso3:ution No. 81-103
stating the Lakeville City Council's views to the r~innesota Legislature
on levy limits and cuts in municipal state aid.
Roll call was taken on the motion. Ayes, Jensen, Zat1n, Sindt & Enright.
81.594 Motion was made by Jensen, seconded by Zaun to authorize the City'Administrator
and Finance Director to appear before the legislative committees to present
the City's.. position on levy limits and cuts in municipal state aid.
Roll call was taken can the anotion. Ayes, Zaun, Sindt, Enright & Jensen.
81.595 Motion was made by Sindt, seconded by Zaun to authorize the installation of
stop signs at the intersectsorz of '~run3z Hic}hway 50 and Cedar. Avenue and
the expenditure of up to :$1,000 on beha~.f of the City to accomplish the
flashing four-way stop signal at the intersection..
Roll call was taken on the. motion. Ayes, Sindt, Enrighto Jensen &Zaun'.
Mayor Jensen presented a plaque to the City Council that k~e received .from
the Dakota County Soil and water Conservation District for the outstandinq_
cooperation by-the City of Lakeville, its Natural Resources Committee and
the Public T~lorks Director in protecting the natural resources of the
community; .and 'the mayor acknowledged the award received by Steve Michaud,
Parkand.Recreation :Director,°for his outstanding service..
81.596 F~oton wasmade by Sindt, seconded°by Zaun to adopt Resouton:No. 81-.104
congratulating the Lakeville High School girls 'volleyball team.
Roll ea11 was taken. on he motion. Ayes® Enright,`Jensen,'.Zaun &-Sindt.
81.5:97 Motion was made:.by Zaun® seconded by Enright to approve payments. to
David R, and Sandra Grommesch in the amount of $408, Henrq r, and Margaret
H. Buerlce in the amount of: $346', Robert and Elizabeth Angus in the amount
of $473, and C.R. and Arlene Helkenn`n the amc7unt of $..1,000 for permanent
easements and settlement on they Forest'Hi~ls improvement protect. ,
`Roll call was taken on the motion. Ayes, Jensen, Zaun, Sindt & Enright.
81.598 Motion was made by ,Zaun, seconded by'Sindt to ~.djot~rn the. council. meeting.
Roh call wastalsen on. the motion. Ayes, Zaun, Sindt Enright & Jensen..
Time : ` 10:30 para.
Respectfully submitted,...
Robert Jens Ma~~or Patrick E. McGa vey, City Cle
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