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HomeMy WebLinkAbout03-02-87 ~ ~ • CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1987 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Nelson, Enright, Sindt, and Mayor Zaun. Absent: Councilman Harvey. Also present: Darrell Schneider and Daryl Zuelke, Engineering Consult- ants; James Robinette, Community Development Director; Barry Christen- sen, Fire Chief; Richard Radermacher, Chief of Police; Patrick McGarvey, City Administrator/Clerk. Staff announcements: There were three items listed under Other Business by the City Administrator. Citizen Comments: Mayor Zaun presented a resolution for the Council to adopt proclaiming Campf ire Girl Week. 87.96 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 87-17 proclaiming Campf ire Girl Week. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Whitey Whitehouse asked which council members were up for election in 1987, and whether or not they intended to run for office. He also asked when the filings for office opened. He was advised that the filings opened in late September and that the Mayor and Councilmembers Sindt and Harvey are the seats for election in November of 1987. Councilmember Sindt answered that she will decide in September whether or not she intends to run for another term on the council. Mayor Zaun indicated that as of now he plans to run for re-election as mayor. 87.97 Motion was made by Sindt, seconded by Nelson to add Other Business items 20a, b, and c to the consent agenda. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. 87.98 Motion was made by Enright, seconded by Nelson to approve the full consent agenda as amended. (Counci.l Agenda attached hereto is incorporated by reference and specifically made a part hereof . ) Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. • . • CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1987 At this time the Fire Chief, Mr. Christensen, recommended that the low bid received from Fullerton Construction Company be approved and the award of the contract be made to the company for the construction of Fire Station No. 3, based on the investigation made by the architect's off ice and the fire chief on their performance. Mr. Christensen also presented a memorandum recommending that the contract be in the amount of $531,800, which would include the cost for alternate items we added for the building sprinkler system and central air conditioning. 87.99 Motion was made by Enright, seconded by Nelson to receive the bids and award the contract to Fullerton Construction Company in the amount of $531,800, including the sprinkler system and air conditioning. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. At this time Mayor Zaun skipped over Item ~~6, a presentation from Goodwill Industries on their recycling center relocation request due to the fact that their representative had not arrived at the council meeting. At this time Mr. Larry Frank, representing Meritor Mortgage Corporation, presented the preliminary plat of Logarto Third Addition and reviewed lt. 87.100 Motion was made by Nelson, seconded by Sindt to approve the preliminary plat of Logarto Third Addition and each of the recommendations of the city staff and Planning Commission regarding the plat. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. At this time Mayor Zaun opened the continued public hearing on the economic development district and tax increment financing plan for the Power Center property located next to Highway 50 and east of I-35. The City Administrator explained that the developer, Dallas Development Company, had not yet secured a lease agreement for the proposed family restaurant. Because of that, the company is not prepared at this time to enter into the development contract with the City for the project and to cover its part of the financial obligations in securing, clearing and redeveloping the site as proposed in the tax increment financing plan. The administrator pointed out that the option the City has on the property with the owner, Mr. Tingelhoff,. will expire on April 1, 1987, unless an extension is approved by the parties involved. He also pointed out that Dallas Development Company would have no objection if the City found another developer to take over the project in the event they are unable to come up with the family restaurant portion of the project. 2 4 ~ 1~ CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1987 87.101 Motion was made by Nelson, seconded by Sindt to continue the public hearing until such time as the City has a qualified developer ready and willing to meet the terms the City requires for its participation in the tax increment financing project, the Power Center property. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. At this time, Mr. Darrell Gonyea presented the preliminary plat called Parkview Estates located south of 185th Street and west of I-35 in an area which is not proposed to be served with city sanitary sewer. Mr. Gonyea presented the proposed 10 acre per lot plat and explained how each of the proposed house building sites on the lots would be effi- ciently above the high water mark of Lake Marion to not cause any potential water problems for the home. Councilman Nelson emphasized the importance of keeping the houses in an area on each lot so they could not be affected by any high water level of Lake Marion . 87.102 Motion was made by Enright, seconded by Nelson to approve the prelimi- nary plat of Parkview Estates, as recommended by the staff and Planning Commission. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. 87.103 Motion was made by Enright, seconded by Sindt to table approving the final plat of Dodd Pointe Fourth Addition until the survey situation and plan is resolved. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. At this time, Mr. Rick Murray from Builders Finance presented the final plats of the Meadows West 2nd and 3rd Additions and reviewed them with the Council. 87.104 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 87-18 approving the final plat of the Meadows West 2nd Addition and authorizing the mayor and clerk to execute the development agreement on behalf of the City. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. 87.105 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 87-19 approving the final plat of the Meadows West 3rd Addition and authorizing the mayor and clerk to execute the development agreement on behalf of the City. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. 3 ' ~ . • CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1987 At this time, Mr. Robert Stegmaier Jr. and Tom Ryan addressed the City Council concerning the Planning Commission's recommendation that their property not be included in the Year 2,000 Urban Service Area located in a part of District 7 in the northeast area of Lakeville. Mayor Zaun indicated he felt the Planning Commission should enumerate reasons for their recommendation that the property was premature and should not be included in the Year 2,000 Urban Service Area. Council- member Sindt indicated she felt that Exhibit H, Option I, presented by Northwest Associated Consultants, should be further studied by the Planning Commission in the area possibly qualified to be included in the Year 2,000 Urban Service Area in a portion of Planning District 7. Mr. Stegmaier requested the City Council to refer the matter back to the Planning Commission for further study and recommendation. 87.106 Motion was made by Sindt, seconded by Nelson to refer the matter back to the Planning Commission and request that the Planning Commission look specif ically at the area as shown in Exhibit H, Option I, from the City planning consultant for inclusion in the Year 2,000 Urban Service Area in a part of District 7. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. 87.107 Motion was made by Enright, seconded by Sindt to receive the bids on Project 86-10, Oak Shores 3rd Addition utilities and street improvement project, and adopt Resolution No. 87-20 awarding the contract to Rice Lake Contracting in the amount of $342,414.80 as recommended by the City engineering consultant. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. At this time Mayor Zaun asked the City Administrator to present the staff recommendations concerning the proposed increase in the potential security requirements the City would expect for participation in financing the land development activities of developers in Lakeville. The administrator presented a report from the Finance Director of the City analyzing past development activity and financial security on it and recommended the Council adopt Ordinance No. 309 amending Title 10 of the City Code, which would increase the financial requirements and security to the City when the City makes the public improvements to 100% of the outstanding principal plus one year's interest on special assessments, and with the agreement that the letter of credit must cover estimated taxes on the property when there are any special assessments. 87.108 Motion was made by Enright, seconded by Nelson to adopt Ordinance No. 309 amending Title 10 of the City Code giving the financial security requirements for payment of special assessments. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. 4 • CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1987 At this time the City Council reviewed with the staff the proposed lease with T. F. James Company on the expansion and remodeling of off -sale liquor store number two. The City Administrator pointed out that the terms of the lease did not include stipulations on requiring all tenants in the building to take delivery of goods at the rear of the building or control the possible future expansion of gasoline or diesel fuel pumps on the ,property, because the City had adequate legal authority to control those activities through the conditional use permit. He also pointed out that the lease included a clause proposed by the City that would provide for the replacement of the oldest heating and air condi- tioning unit on the oldest part of the existing building, which the City rents. The cost for that would need to be negotiated, as it was not originally required by the City when James proposed the terms of the lease for the remodeling and expansion. 87.109 Motion was made by Enright, seconded by Sindt to approve the lease with T. F. James Company for the remodeling and expansion of off -sale liquor store number two and authorize the mayor and clerk to execute it on behalf of the City. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. At this time, the City Administrator presented a draft of the proposed lease with MGB Enterprises for off-sale liquor store number one and reviewed some suggested changes in wording on the latest draft, which would require the attorney to re-draft it one more time. 87.110 After reviewing the lease and the proposed wording changes, motion was made by Enright, seconded by Sindt to approve the lease agreement with MGB Enterprises for off-sale liquor store number one, including the recommended changes discussed at the Council meeting. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson. Nays, none. Zaun abstained due to the fact his wife works for the parent company of MGB Enterprises. 87.111 Motion was made by Enright, seconded by Sindt to receive the report from the City Park and Recreation Director concerning the activity and future schedule for the citizen task force on the multi-purpose recreation center with the projected date for the committee to present its com- pleted report to the Council of April 6, 1987. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun, 87.112 Motion was made by. Enright, seconded by Sindt to table the matter until the April 6, 1987, council meeting. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. 5 • CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1987 87.113 Motion was made by Enright, seconded by Sindt to receive the petition from the Lakeville Hockey Boosters with approximately 910 signatures on it and place it on file in the City Clerk's office. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. 87.114 Motion was made by Sindt, seconded by Nelson to table consideration of the Goodwill Industries request to relocate their recycling center, as the representative was not present at the Council meeting. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. 87.115 Motion was made by Nelson, seconded by Sindt to approve termination of Paul Swiger as Head Cook at the Lakeville Food & Spirits for reasons set forth in the Liquor Store Manager's report dated February 12, 1987, effective February 20, 1987. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun. 87.116 Motion was made by Sindt, seconded by Nelson to forward information received by Councilmember Sindt from the City of Eagan on solid waste to the Natural Resources Committee for study and recommendation. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Enright. 87.117 Motion was made by Nelson, seconded by Sindt to adjourn the Council meeting. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Time: 9:30 p.m. Respectfully submitted, atrick E. McGarvey, City Clerk D ane Zaun, yor 6 • CITY OF LAKEVILLE AGENDA COUNCIL MEETING MARCH 2,1987 7:00 P.M. Call to order. Flag pledge. 1. Roll call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the February 17, 1987, council meeting. b. Approval of the minutes of the February 19, 1987, special council meeting. c. Approval of the claims for payment. d. Receive the minutes of the following advisory committee meetings: Planning Commission, February 19, 1987 Park and Recreation Committee, February 18, 1987 Natural Resources Committee, February 17, 1987 Cable TV Board, February 24, 1987 e. Approval of an antenna lease agreement with Med Plus Transportation Services. f. Receive the environmental assessment worksheets on the Cedar Glen and Chapel Hill preliminary plats and authorize distribution. g. Authorize an engineering feasibility report for Stewart Properties' proposed Village By The Lake plat north of County Road 64 and east of I-35. h. Authorize an engineering feasibility report for Valley Park 8th Addition, phase 4. i. Approval of a non-intoxicating malt liquor license to MMA Investment Co., DBA Mr. D's Pizza. CITY COUNCIL AGENDA March 2, 1987 5. Receive the bids and staff recommendation on the award of a contract for construction of fire station three. a. Award of the contract. 6. Report from the Goodwill Industries on the operation of their recycling center and request to relocate. 7. Approval of the preliminary plat of Logarto Third Addition located north of County Road 46 and southwest of Bluebill Bay Road. 8. Continued public hearing on the economic development district and tax increment financing plan for the Power Center district adjacent to Highway 50, east of I-35. a. Attest to the legal notice. b. Presentation of the project plans. c. Questions and comments. d. Motion to close the hearing. e. Resolution approving the project and plan. 9. Approval of the preliminary plat of Parkview Estates located south of 185th Street and west of I-35. 10. Resolution approving the final plat of Dodd Pointe Fourth Addition; approval of an ordinance rezoning Lot 1, Block 1, Dodd Pointe 4th, from B-3 to B-4; approval of a conditional use permit for a convenience food and fuel store; and approval of the development agreement. 11. Adopt resolution approving the final plat of Meadows West Second Addition, and approval of the development agreement. 12. Adopt resolution approving the final plat of Meadows West Third Addi- tion, and approval of the development agreement. 13. Receive staff/consultant reports and Planning Commission recommendation on amending the year 2,000 Urban Service Area boundary to include additional land in planning district seven in the northeast corner of the city. a. Decision on the amendment of the year 2,000 Urban Service Area. 14. Receive the bids and recommendation from the City Engineer on project 86-10, Oak Shores Third Addition utilities and street improvements. a. Award of the contract. 15. Receive the staff report and recommendations on terms for financial security requirements for land development. a. Ordinance amending Title 10 of the City Code. 2 • CITY COUNCIL AGENDA March 2, 1987 16. Approval of a lease agreement with James Ref rigeration Company for the expansion of off-sale liquor store ~~2. 17. Approval of a lease agreement with MGB Enterprises for a new on-sale liquor store ~~1 at the corner of Dodd Road and Highway 50. 18. Receive preliminary report from the Citizens Task Force studying the need for a multi-purpose recreational center. 19. Recommendation on the termination of employment for a liquor store employee. 20. Any other business. a. Approve settlement agreement with Loren D. Hoppe, et al. b. Approve bike trail easements with Barretts. c. Authorize engineering feasibility study for Cooley property. 21. Adjourn. 3