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Home My WebLink About10-05-15CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES October 5, 2015 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; John Hennen, Interim Parks & Recreation Director; Charlene Friedges, City Clerk 3. Citizen Comments: None 4. Additional agenda information: None 5. Presentations/Introductions Liquor Manager Brenda Visnovec presented a check in the amount of $8,973 to the Lakeville Yellow Ribbon Group. The money was collected during the month of July from Lakeville Liquors customers. Ellen Able accepted the donation on behalf of Lakeville Yellow Ribbon. Mr. Petree presented the September Public Works monthly report. Consent Agenda Motion was made by Davis, seconded by Swecker, to approve the following consent agenda items: a. Claims for payment b. Minutes of the September 21, 2015 City Council meeting c. Minutes of the September 21, 2015 Council work session d. Resolution No. 15-112 vacating drainage and utility easements in Spirit of Brandtjen Farm Commercial 1St Addition e. Resolution No. 15-113 approving the final plat of Pheasant Run of Lakeville City Council Meeting Minutes, October 5, 2015 Page 2 f. Joint Powers Agreement with City of Farmington for sanitary sewer construction at Pheasant Run of Lakeville g. Construction Cooperation Agreement with Metropolitan Council for sanitary sewer meter construction at Pheasant Run of Lakeville h. Joint Powers Agreement with Dakota County for 1791h Street construction at Pheasant Run of Lakeville i. Resolution No. 15-114 approving the proposed transfer of the cable franchise currently held by CC VIII Operating, LLC, DBA Charter Communications j. Resolution No. 15-115 calling a public hearing on the imposition of a service charge in Special Service District No. 1 k. Resolution No. 15-116 ordering repair or removal of hazardous conditions 1. Separation Agreement and Release of Claims with Brett Altergott m. Encroachment Agreements with Joshua and Sara Getty and Sarah and Daniel Wellcome for private drain tile on public easements n. Joint Powers Agreement with Dakota County for Dodd Boulevard reconstruction o. Joint Powers Agreement with the City of Farmington for fire inspection services p. Resolution No. 15-117 requesting a speed zone study on 2101 Street W. from Holyoke Avenue to Kensington Boulevard q. Resolution No. 15-118 authorizing the sale of City assets r. Contract with One Way Building Services for cell tower reinforcement at Airlake and Georgetown Way s. Resolution No. 15-119 authorizing the acquisition of real property described as Outlot G, Argonne Village t. Resolution No. 15-120 authorizing the sale of City vehicles City Council Meeting Minutes, October 5, 2015 Page 3 u. Resolution No. 15-121 amending the 2015 Equipment Fund Budget Voice vote was taken on the motion. Ayes - unanimous 7. Joy's Thai Cuisine Mayor Little opened the public hearing on the application of Joy's Thai Cuisine for a wine and on -sale 3.2% malt liquor license at a restaurant located at 7704 - 160`'' Street W. Chief Long presented the police report on the applicant, Joy Mueller. The Police Department recommends approval of the licenses as requested. There were no questions or comments from the audience. Motion was made by Anderson, seconded by LaBeau, to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Swecker, seconded by Davis, to grant a wine and on -sale 3.2% malt liquor license to Joy's Thai Cuisine, 7704 - 160th Street W. Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 8. Northern Tier Retail, LLC Mayor Little opened the public hearing on the application of Northern Tier Retail LLC for an off -sale 3.2% malt liquor license at SuperAmerica #5007, 18450 Orchard Trail. Daniel Cariveau, Regional Manager for SuperAmerica, provided an overview of the company's best practices policies which have been implemented to prevent the sale of alcohol and tobacco to underage persons. Chief Long stated the Police Department recommends approval of the license as requested. There were no questions or comments from the audience. Motion was made by LaBeau, seconded by Anderson, to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by LaBeau, seconded by Davis, to grant an off -sale 3.2% malt liquor license to Northern Tier Retail LLC, d.b.a. SuperAmerica #5007, 18450 Orchard Trail, subject to the issuance of a certificate of occupancy. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis City Council Meeting Minutes, October 5, 2015 Page 4 9. Certification of Delinquent Utilities and Assessment of Street Light Charges Mayor Little opened the public hearing on the certification of unpaid water, sanitary sewer and storm sewer charges, and the assessment of unpaid street light charges. The City Administrator reported that the City Council is being asked to certify/assess 753 accounts for a total of $318,450.10. He noted that the certification amount could change, as property owners may pay the certification/assessment, without interest, within the next 30 days. There were no questions or comments from the audience. Motion was made by Anderson, seconded by Swecker, to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Davis, seconded by Swecker, to adopt Resolution No. 15-122 certifying unpaid water, sanitary sewer and storm sewer charges to the County Treasurer/Auditor to be collected with other taxes on said property, and assessing unpaid street light charges. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little 10. Acquisition of Property - 20088 Kenwood Trail Mr. Olson presented purchase agreements for the acquisition of four parcels of property along County Road 50/Kenwood Trail. These acquisitions are consistent with the Joint Powers Agreement between the City of Lakeville and Dakota County, which calls for the acquisitions to be completed by the City with the County reimbursing the City 55%. The commercial property located at 20088 Kenwood Trail consists of 2.9 acres and contains two commercial buildings. The property was appraised at $960,000. The property owners have signed a purchase agreement for the appraised value. This purchase agreement includes a rent back agreement, which allows the current owners and their tenants to remain in and occupy the property until June 30, 2016. 11. Acquisition of Property - 20116 Kenwood Trail The property located at 20116 Kenwood Trail consists of a vacant rental single family home on a 13,000 square foot lot. The appraised value of the property is $142,000. A negotiated settlement amount of $155,200 was based on a recent sale of comparable property and Dakota County's valuation of the property at $160,000 for 2015. The City also proposes a back rent payment to the property owner in the amount of $7,120 in addition to the purchase price. 12. Acquisition of Property - 20157 Icenic Trail The property located at 20157 Icenic Trail consists of a vacant 4,048 square foot medical office building located on a 22,651 square foot commercial lot. The property owners have signed a purchase agreement in the amount of $420,000. A negotiated settlement was based on the City Council Meeting Minutes, October 5, 2015 Page 5 City's appraisal ($385,000) and the property owner's appraisal ($440,000). This agreement also proposes a back rent payment in the amount of $28,700 in addition to the purchase price. In addition, the City and County are required to reimburse the property owners $3,500 for the cost of their appraisal. 13. Acquisition of Property - 20042 Kenwood Trail The property located at 20042 Kenwood Trail consists of an owner occupied single family home on a 9,979 square foot lot. The appraised value of the property is $205,000. A negotiated settlement in the amount of $229,900 was based on the required available comparable replacement housing analysis completed by Wilson Development Services and a more recent comparable sale. The City proposes to provide the property owners with a six month rent back agreement at no cost. The owners will also be eligible for relocation and moving cost reimbursements. Mr. Miller explained that the County Road 50 improvement project is identified in the 2014- 2018 Capital Improvement Plan. The City's portion of the acquisition and demolition is proposed to be financed from Municipal State Aid Street funds. The City and Dakota County will enter into a joint powers agreement prior to commencing construction, at which time the Council will reimburse the City 55% of these acquisition costs. With respect to uniform relocation of residential property, Mr. Olson explained that the roadway type and traffic volume have an impact on the appraised value of the property. However, the Uniform Relocation Act takes into account the size and type of dwelling when determining comparable property. It does not take into account the location. Motion was made by Swecker, seconded by Anderson to adopt the following: Resolution No. 15-123 approving the acquisition of property located at 20088 Kenwood Trail Resolution No. 15-124 approving the acquisition of property located at 20116 Kenwood Trail Resolution No. 15-125 approving the acquisition of property located at 20157 Icenic Trail Resolution No. 15-126 approving the acquisition of property located at 20042 Kenwood Trail Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little, Swecker 14. Unfinished business: None 15. New business: None Announcements: Next regular Council meeting, October 19, 2015 City Council Meeting Minutes, October 5, 2015 Mayor Little adjourned the meeting at 8:04 p.m. Respectfully submitted, Charlene Friedges, City Cl C Matt Little, Mayor Page 6