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Home My WebLink About09-03-02CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 2002 A complete video tape of the City Council proceedings is retained. for one year. Mayor Johnson called the meeting to order. at 7:00 p.m. The pledge of allegiance to the flag was given. Roll calf was taken. Present: Council Members Bellows, Mulvihill, Rieb, Luick and Mayor Johnson. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; ]. Rubash, Assistant. City Engineer; S. Michaud, Parks & Recreation Director; D. Olson, Community & Economic. Development Director; D. Morey, Planning birector; R. Mullenbach, Associate Planner; F. Dempsey, Associate Planner; D. Volk, Director of Operations & Maintenance; J. Hennen, Assistant to City Administrator; G Friedges, City Clerk. 1 MINUTES The minutes of the August 19, 2002, City Council meeting were approved as presented. SPOTLIGHT ON BUSINESS Economic Development Commission member ]im Emond introduced Norman Oberto, .Owner and President of .Imperial Plastics. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson reported that the developer of Shady Oak Grove has requested that Item 16 be tabled this evening. F I'~ L~ CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 2002 PAGE 2 PRESENTATIONS/INTRODUCTIONS Council Member Rieb read'a proclamation for Women of Today Week, September 22-28. Cindy Langer, President, accepted the proclamation. on behalf of .the Lakeville Women of Today. CITIZENS' COMMENTS None CONSENT AGENDA Council members added Items 12 and 15 to the consent agenda. 02.106 Motion was made. by Luick, seconded by Rieb to approve the consent agenda items as follows: a. Claims for payment. b. :Receive minutes of the following advisory. committee meetings: Planning Commission, August 15, 2002 .Parks, Recreation & Natural Resources Committee, August 14, 2002 Telecommunications Commission, August 13, 2002 Economic Development Commission/City Council Joint Work Session, August i2, 2002 c. Final acceptance of utility and street improvements, Town & Country Estates Third Addition. d. Resolution No. 02-170 authorizing the sale of assets. e. Resolution No. 02-171 accepting donation to the Police Department from Star Headlight & Lantern. Company, through the firm of R.J. Wagner Marketing, Inc. f. Resolution No. 02-172 accepting donation of $100.00 from Knights of Columbus, Lakeville Council No. 8367,. to the Parks & Recreation Department. • 7 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 2002 PAGE 3 g. Resolution No. 02-173 approving a gambling permit for .VFW Auxiliary Post 210 for bingo of the VFW Club on October 5 and November 23, 2002. h. `Three-year extension of a special home occupation permit to operate. a massage therapy business at 17217 Idlewood way. i. Accept resignation of Kevin Manias from the Parks, Recreation & Natural Resources Committee. j. Ordinance No. 719 amending Title 3 of the Lakeville City Code concerning on-sale liquor licenses. 12. Conditional use permit to allow the construction of a detached accessory building at 7825 - 202nd Street West. 15. Conditional use permit. amendment to allow the construction of more than one detached accessory building at 12295 - 197t" Street West. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb, Luick. .ITEM 9 Kelli Kolquist, Store Manager for Target,. requested Council approval of an off-sale 3.2% malt liquor license at Target Store T-1484,. located at 18275 Kenrick Avenue. Ms, Kolquist stated the store is planning an October 13t" opening. Chief Martens presented the application of Target Corporation fora 3.2% malt liquor License. All necessary documents have been submitted, and procedures are in place to prevent underage sales. The Police Department recommends. that issuance of the license should be contingent upon receipt of a Certificate of .Occupancy. from the Building. Inspection Department. Mr. Erickson explained that the Council made a strong commitment to the area residents that the 185t" Street/County Road 60 construction project would be completed prior to the CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 2002 PAGE 4 opening of the Target store. At this time, the project is behind schedule. Staff will meet with Target representatives, the contractor, .anal the Dakota County Engineer on September 4t" to discuss the project timeline. At this time, however, the City cannot support an October 13t" opening date. There were no questions or comments .from the audience. 02.107 Motion was made by Mulvihill, seconded by Rieb to close the public hearing on the, application of Target .Corporation .for an off-sale 3.2% malt liquor license at 18275 i<enrick Avenue. Roll call was taken on the motion. Ayes., Johnson, Mulvihill, Rieb, Bellows. Luick abstained due to a conflict of interest. 02.108 Motion was made by Rieb, seconded by Bellows to grant an off- sale 3.2% malt liquor license to Target Corporation for Target Store T-1484, located at 18275 Kenrick Avenue, contingent upon issuance of a certificate of occupancy for the building. from the City's Building Officiaf, site improvements on Lot 1, Block 1, Timbercrest at Lakeville, and completion of Phase I interchange improvements consistent with the Timbercrest at Lakeville EAW. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Bellows, Johnson. Luick abstained due to a conflict of interest. ITEM 10 Mayor Johnson opened the public hearing to consider a Business Subsidy in excess of $100,000 to assist in the development of a new commercial building in the Fairfield Business Campus Redevelopment TIF District. The City Clerk attested to Legal :notice publication. Mr. Olson .presented the proposed Second Amendment to the Contract for Private Redevelopment between the City of Lakeville and Coons Family LLC (Advanced Wireless Communications). Mr. Olson explained that the. City Attorney and staff are recommending a Second Amendment to the original Contract for Private Redevelopment to incorporate an additional source of funding to the project. Thies source is the • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 2002 PAGE 5 City's Revolving Loan Fund that was created with the repayment of the DTED funded loan that was approved for the New Morning Windows project.. This proposed loan would be a forgivable loan to Coons Family LLC in the amount of $116,450 and would be paid to the. City as the new purchase price for the proposed site in Fairfield Business Campus. This option would benefit the Fairfield Business Campus TIF District and provide possible funding for future interchange improvements at CSAH 70. The Economic Development Commission reviewed this matter at its August 27t" meeting and recommended approval. The City Attorney explained that the lender's attorney has requested that in addition to subordinating the Contract for Private Redevelopment and the mortgage, they also .want to subordinate the Redevelopment Property Deed. The e appropriate language, as requested, has been .incorporated into.. Paragraph 2 of the Contract Amendment. Mr. Coons requested City Council approval of the Second Amendment to Contract for Private Redevelopment. There were no comments or questions from the audience. 02.109 Motion was made by Mulvihill, seconded by Luick to close the public hearing to consider a Business Subsidy in excess of $100,000 to assist..in the development of a new commercial building in the Fairfield Business Campus Redevelopment TIF District. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson,. Mulvihill. 02.110 Motion was made by Mulvihill, seconded by Luick to approve .Resolution No. 02-174 approving the Second Amendment to the Contract for Private Redevelopment .between the City of Lakeville and Coons Family LLC. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill,. Rieb. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 2002 PAGE 6 ITEM. 11 Jack Matasosky requested Council approval of the preliminary and final plat of Airlake Development Sixth Addition. Paul Schmidt and Bill Black spoke on behalf of Boise Cascade, which proposes to construct a 72,000 square. foot office/warehouse building and outdoor storage area on Lot 1, Block 1 of the final plat. Mr. Mullenbach presented the preliminary and final plat of Airlake Development Sixth Addition, which consists of two lots and one block on approximately 22 acres of land. The subject property is located south of County Road 70 and west of the CP Rail line. The plat has been reviewed by the Dakota County Plat Commission, the Parks, Recreation & Natural Resources Committee and the Planning Commission. All recommend approval. Staff recommends approval subject to 1l stipulations, which have been incorporated into the development contract. 02.111 Motion was made by Luick, seconded by Bellows to approve Resolution No. 02-175 approving the preliminary and final plat of Airlake Development Sixth Addition. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Mulvihill, Rieb. ITEM 13 Terry Wensmann requested Council approval of the final plat of Heritage Walk. Mr. Mullenbach presented the final plat of Heritage Walk, which consists of 148 attached townhome unit lots, four common area lots on four blocks and four outlots. The subject property is located north of 202"d Street and east of Holyoke Avenue on approximately 32 acres of land. In conjunction with the Heritage Walk final plat, Mr. Mullenbach explained, the Gity Council is being asked to authorize the conveyance of a portion of existing Highview Avenue, which was once deeded to the Village of Lakeville, to Wensmann CITY OF LAKEVILLE COUNCIL MEETING. SEPTEMBER 3, 2002 PAGE 7 Realty for Highview Avenue right-of-way. Also, a MUSA (Metropolitan Urban Service Area) amendment is proposed that would allow the connection of the Kristina Berres home, 20182 Highview Avenue, to public sanitary sewer after construction of the Heritage Walk improvements. Weissmann Realty has agreed to connect the .Berres home to the sanitary sewer. system in exchange for deeded Highview Avenue right-of-way. A public hearing was held at August 15t" Planning Commission meeting, and the Planning Commission unanimously recommended approval.. The final plat of Heritage Walk is .consistent with .the previously approved preliminary plat. 02.112 Motion-was made by Rieb, seconded by Luick to approve the following with regard to Heritage Walk: a. Resolution No. 02-176 concerning a Comprehensive Plan Amendment amending the MUSA Boundary; b. Resolution No. 02-177 approving the final plat of Heritage Walk; r c. Resolution No, 02-179 approving conveyance of City- owned land. for inclusion in the final plat of Heritage Walk. Roll call was taken on the motion. Ayes, Bellows, Johnson, Mulvihill, Rieb,. Luick. ITEM 14 Steve Ahlbrecht, project engineer, requested Council approval of the final. plat of Morgan Square, along with an ordinance rezoning property from RM-1, Medium Density Residential District, to Planned Unit Development. Mr. Dempsey presented. the final plat of Morgan Square, which consists of 36 attached townhouse unit lots, four common area lots and six outlots on land located south of 205t" Street, north of 210t" Street and west of Keokuk Avenue. The Morgan Square final plat represents the first phase of the two-phase, 76 attached townhouse unit lot preliminary plat approved by the City. Council on July iS, 2002. The final plat is consistent with the previously approved preliminary plat. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 2002 PAGE 8 02.113 Motion was made by Luick, seconded by Rieb to adopt Ordinance No. 720 amending Title 11 of the City Code rezoning property from RM-1, Medium Density Residential District to Planned Unit Development District; and Resolution No. 02-178 approving the final plat of Morgan Square. Roll call was taken on the motion. Ayes, Johnson, Mulvihill, Rieb, .Luick, Bellows. ITEM 16 02.114 Motion was made by Luick, seconded by Rieb to table consideration of the preliminary and final plat of Shady Oak Grove. Roll call was taken on the motion. Ayes, Mulvihill, Rieb, Luick, Bellows, Johnson. UNFINISHED BUSINESS None • NEW BUSINESS Mr. Erickson asked the City Council. to consider retaining the services of the Kennedy & Graven law. firm for legal representation on the Metropolitan Council, proposed Elko-New Market Interceptor. He explained that the Campbell .Knutson law firm is unable to represent the City of Lakeville on this matter due to a conflict of interest. 02.115 Motion was made by Bellows, seconded by Mulvihill to approve a proposal dated August 29, 20:02 from Kennedy & Graven. for legal representation on the Met Council Proposed Elko-New Market Interceptor. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Mulvihill. ANNOUNCEMENTS Next regular Council meeting, September 16, 2002... • Mayor Johnson adjourned the meeting at 8:13 p.m. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 3, 2002 PAGE 9 • Respectfully submitted, Charlene Friedges, ty Clerk -/~`J- Robert D. Joh on, Mayor •