HomeMy WebLinkAbout06-21-2021CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
June 21, 2021
Mayor Anderson called the meeting to order at 6:30 p.m.
Members Present: Mayor Anderson, Council Members Bermel, Hellier, Lee, Volk
Staff Present: Andrea McDowell Poehler, City Attorney; Justin Miller, City Administrator;
Jeff Long, Police Chief; David Olson, Community & Economic Development Director; Jerilyn
Erickson, Finance Director; Daryl Morey, Planning Director; Allyn Kuennen, Assistant City
Administrator; Paul Oehme, Public Works Director; Charlene Friedges, City Clerk
3. Citizen Comments:
No citizen comments
4. Additional Agenda Information:
Staff recommends removing Item 6s from the consent agenda, a resolution abating special
assessments for Highview Avenue improvements.
5. Presentations/Introductions:
Pan-O-Prog 2nd Vice President Paul Kaus presented information regarding this year's
Panorama of Progress celebration.
Chief Long introduced seven new police officers who joined the department within the
past two years.
• Chief Long presented the Lakeville Police Department 2020 Annual Report.
6. Consent Agenda:
Motion was made by Hellier, seconded by Bermel, to approve the following:
a. Check Register Summary
b. Minutes of the 6/7/2021 City Council Meeting
c. Temporary on -sale liquor license to Lakeville Rotary for Taste of Lakeville
e. Resolution No. 21-77 Establishing No Parking Zone along Icalee Path and 202nd Street
West from Jacquard Ave. to Ipava Ave.
CITY COUNCIL Minutes, June 21, 2021 Page 2
f. Purchase of emergency lighting equipment for replacement fire vehicles
g. Acknowledge Receipt of Lakeville Arenas 2022 Proposed Budget
h. Resolution 21-78 Authorizing Issuance and Sale of General Obligation Bonds, Series
2021C
i. Agreement with Genz -Ryan for Pressure Reducing Valve Installation
j. Goose Lake Second Addition Final Plat Extension
k. Resolution No. 21-79 approving Glacier Creek 3rd Addition final plat
1. Resolution No. 21-80 accepting donation from Lakeville Public Safety Foundation
m. Resolution No. 21-81 authorizing temporary closing of city streets for Pan-O-Prog events
n. Resolutions No. 21-82 and 21-83 Approving the Disposal of Real Property and
Dispensing with Statutory Requirements for Review by Planning Commission
o. Resolution No. 21-84 approving plans and specifications and setting a bid date for
Glacier Way improvements
p. Change Order No. 3 with Bergerson-Caswell, Inc. for 2021 Well Rehabilitation Project,
Well #18
q. The Moments of Lakeville Conditional Use Permits Amendment and findings of fact
r. Change Order No. 1 to Northwest Asphalt and Dakota Electric Trail Lighting for
Highview Avenue Improvements and Resolution No. 21-85 authorizing funding
t. Setback Variance for 10005 - 205th Street W. and findings of fact
Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk
6d. Envision Lakeville Cultivate a Sense of Community Task Force
Councilmember Volk stated she does not support the creation of an Envision Lakeville
`Cultivate a Sense of Community' Task Force. She stated she believes racism exists. However,
she does not believe the City of Lakeville has a role in government to change peoples' minds.
CITY COUNCIL Minutes, June 21, 2021
Page 3
Several Lakeville residents in attendance asked questions and/or made comments about the
conversations on race and establishment of a task force.
Motion was made by Lee, seconded by Bermel, to approve Resolution No. 21-76 creating the
Envision Lakeville Cultivate a Sense of Community Task Force.
Roll call was taken on the motion. Ayes Anderson, Bermel, Hellier, Lee
Nay - Volk
7. Public hearing Mainstreet Coffee LLC wine and beer license
Mayor Anderson opened the public hearing on the application of Mainstreet Coffee LLC for a
wine and on -sale 3.2% malt liquor license at Mainstreet Coffee, 20788 Holyoke Avenue.
The applicant, Scott Van Daalen, introduced himself as the new owner of Mainstreet Coffee
and talked about his plans for the coffee shop and wine bar. Several residents welcomed Mr.
Van Daalen to downtown Lakeville and expressed appreciation and well wishes to the
previous owner, Tracey Hummelgard.
Motion was made by Bermel, seconded by Volk, to close the public hearing.
Voice vote was taken on the motion. Ayes -- Anderson, Bermel, Hellier, Lee, Volk
Motion was made by Bermel, seconded by Hellier, to grant a wine and on -sale 3.2% malt
liquor license to Mainstreet Coffee LLC, 20788 Holyoke Avenue, effective July 1, 2021.
Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk
8. Public hearing Alibi Drinkery LLC on -sale and Sunday liquor license
Mayor Anderson opened the public hearing on the application of Alibi Drinkery LLC for an
on -sale and Sunday liquor license at Alibi Drinkery, 20851 Holyoke Avenue.
The applicant, Jose Colon, introduced himself and requested approval of an on -sale and
Sunday liquor license for the business he is purchasing. He stated he plans to operate the
restaurant as it had been by the previous owners. Due to his lack of experience in the bar
business, he stated he would be hiring Michelle Rene as General Manager. He stated he chose
to keep the name Alibi Drinkery because of community recognition.
Councilmember Lee asked Mr. Colon if he is a proxy owner for the business on behalf of the
previous owners. Mr. Colon stated he will be the sole owner. He explained that under the
terms of the purchase agreement, he has the option to retain the previous owners as
consultants for up to one year because he has no experience operating a bar.
CITY COUNCIL Minutes, June 21, 2021
Page 4
In response to Councilmember Bermel's questions regarding his lack of experience, Mr.
Colon stated he will be supported by friends who own bars, the previous general manager,
and by the previous owners as a consulting agent for up to one year.
Jon Erickson, owner of Angry Inch Brewing, expressed concerns with the issuance of a liquor
license to Mr. Colon, who has a direct relationship with the previous owners. The previous
owners ignored state mandates during the pandemic, and Mr. Erickson stated he has a deep
concern with the health and safety of the community. He asked the City Council to take a
more thorough look at this applicant.
Motion was made by Lee, seconded by Volk, to close the public hearing.
Voice vote was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk
Mayor Anderson questioned the status of the current judicial findings and state action against
the previous owners of Alibi. The City Attorney stated the administrative law judge
recommended revocation of the Alibi liquor license. To date the Minnesota Department of
Public Safety has made no decision on that recommendation.
Chief Long addressed the police background investigation. He stated Mr. Colon assured the
investigating officer that the current owners would have no financial interest in the business.
However, the lease agreement between the property owner and Mr. Colon states that Ms.
Zarza and Mr. Baldazo will be designated to operate the business.
Motion was made by Hellier, seconded by Volk, to postpone consideration of the Alibi
Drinkery LLC liquor license request until the July 6, 2021 City Council meeting.
Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk
9. Raising Cane's Chicken Fingers
Melanie Bagley of Raising Cane's Restaurants LLC requested council approval of a conditional
use permit to allow construction of a Raising Cane's convenience restaurant at 185th Street
and Kenrick Avenue in the Timbercrest at Lakeville 8th Addition.
David Olson presented the staff report. He provided information regarding access to the site
and vehicle stacking for the drive-through lanes. The drive through design will accommodate
more than 20 vehicles, which exceeds the requirements of the subdivision ordinance. Mr.
Olson stated city staff has worked with the developer to assure the drive-through lanes will
function properly.
Ms. Bagley stated the company is aware of the popularity of Raising Cane's and the long lines
observed at its Apple Valley location. She pointed out that this site is much larger than the
CITY COUNCIL Minutes, June 21, 2021
Page 5
Apple Valley site. The company anticipates that this new restaurant, along with a new
restaurant proposed in Burnsville, will disperse the customer base and balance each other out.
Motion was made by Hellier, seconded by Lee, to approve findings of fact and a conditional
use permit to allow construction of a Raising Cane's convenience restaurant at 18477 Kenrick
Avenue and Resolution No. 21-87 approving an assignment and amended and restated
development contract for Timbercrest at Lakeville 8t' Addition.
Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk
10. Authentix Lakeville
In response to comments made by the City Council at the June 7 meeting, Erik Thom of
Continental Properties presented revised exterior elevation drawings for Buildings 1 and 2
and the clubhouse, all of which are located adjacent to CSAH 70 and south of the wetland that
bisects the Authentix Lakeville property. The revised elevations now include composite stone
on the south sides of these three buildings as well as portions of the east and west sides to
provide an enhanced appearance adjacent to the CSAH 70 corridor.
Councilmember Volk thanked the developer for responding to her concerns and making the
exterior design adjustments.
Councilmember Hellier stated he does not support rezoning the property from commercial to
residential, as he feels the city has limited area for commercial growth.
Councilmember Bermel stated he likes the project but struggles with amending the
Comprehensive Plan and rezoning this commercial property to residential.
Mr. Morey provided a brief explanation of the 2040 comprehensive planning process and the
importance of public input. He pointed out that this property was previously guided for high
density residential.
Motion was made by Lee, seconded by Volk, to approve a resolution amending the 2040
Comprehensive Plan related to Authentix Lakeville.
Roll call was taken on the motion. Ayes - Lee, Volk, Anderson
Nays - Bermel, Hellier
The motion did not carry, as it requires a 4/5 affirmative vote.
Motion was made by Volk, seconded by Hellier, to approve a resolution denying an
amendment to the 2040 Comprehensive Plan, deny an ordinance amending Title 11 of the
CITY COUNCIL Minutes, June 21, 2021
Page 7
conversation at a future council work session regarding housing and residential growth.
Council members generally agreed that Comp Plan amendment requests should be
considered on a case by case basis.
13. New business:
No new business
14. Announcements:
• Next Regular Meeting, July 6, 2021
• Next Work Session, June 28, 2021
Motion was made by Volk, seconded by Bermel, to adjourn.
Voice vote was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk
The meeting adjourned at 9:41 p.m.
Respectfully submitted,
Charlene Friedges, City
Douglas P. Anderson, Mayor
CITY COUNCIL Minutes, June 21, 2021
Page 6
City Code and findings of fact in support of denial, deny a resolution approving the Authentix
Lakeville preliminary plat, deny a conditional use permit and adopt findings of fact in support
of denial.
Mayor Anderson asked procedural questions, because those who voted in favor of the
Comprehensive Plan amendment were not willing to support denial of the remaining
applications. The city attorney explained that because the motion to amend the
Comprehensive Plan failed, the council must take action to formally deny all the remaining
applications and approve findings of fact in support of denial.
Councilmember Lee expressed disappointment with the outcome of the vote to amend the
Comprehensive Plan, because he felt it was made based on insufficient information about
available property for this type of development.
Jonathan Adams of Silverstone Realty & Development pointed out the factors taken into
consideration by Continental Properties in choosing this property versus another site.
Volk withdrew her motion, and Hellier withdrew his second to allow for additional discussion
and to possibly allow the matter to be continued if the developer is willing to extend the
approval timeframe.
The City Attorney explained that a motion could be made to reconsider the amendment to
the 2040 Comprehensive Plan, but that motion must be made by a council member who voted
with the prevailing side on the previous motion.
Neither Hellier nor Bermel made a motion to reconsider.
Motion was made by Hellier, seconded by Bermel, to approve Resolution No. 21-88 denying
an amendment to the 2040 Comprehensive Plan related to Authentix Lakeville, deny an
ordinance amending Title 11 of the City Code and adopt findings of fact to support denial,
deny a resolution approving the Authentix Lakeville preliminary plat, and deny a conditional
use permit and adopt findings of fact in support of denial.
Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk
12. Unfinished business:
Councilmember Volk stated she feels the council should provide some direction to the
Timberland Group. This developer submitted to the City a preliminary sketch plan for a
project similar to the Authentix project. Mayor Anderson suggested placing this matter on the
upcoming work session agenda to determine the council's willingness to amend the
Comprehensive Plan for the Timberland Group project. Hellier suggested a broader