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HomeMy WebLinkAbout01-21-97 CITY OF LAKEVILLE COUNCIL MEETING JANUARY 21, 1997 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 Johnson, Sindt, Mulvihill,. Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Krings, Chief Building Official; J. Perron, Liquor Manager; C. Friedges, City Clerk. MINUTES The minutes of the January 6, 1997, regular Council meeting, December 16, 1996, continuation Council meeting, and the November 15, 1996, Council work session were approved as presented. . STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson asked the Council to consider, under New Business, a resolution authorizing condemnation of private property for the extension of 175th Street east of Highview Avenue. ENGINEER: None. ADMINISTRATOR: Mr. Erickson announced that the Annual HRA meeting will be held immediately following tonight's Council meeting. He also indicated that the Director of Operations & Maintenance was not able to be at the meeting, and presentation of the December monthly report will take place at a subsequent meeting. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the December monthly Parks & Recreation Department report. PRESENTATIONS/INTRODUCTIONS Liquor Manager Judy Perron introduced the new Assistant Manager of Operations at Lakeville Liquors, Chet Marek. • CITY COUNCIL MEETING MINUTES JANUARY 21, 1997 PAGE 2 Chief Building Official Dave IUings introduced the new part-time secretary in the Building Inspections Department,. Barb Guck. Police Chief Martens introduced the new part-time receptionist/typist in the Police Department, Barbara VanEps. Chaplain Barbara Linderwas not able to attend the meeting; her introduction will-take place at a subsequent Council meeting. Chief Martens presented a Commendation Award to Officer David Watson from the International Narcotic Enforcement Officers Association. He explained that Officer Watson was responsible for 21 felony narcotic arrests and 23 additional misdemeanor drug arrests in an 18 month period during 1995-96. CITIZENS COMMENTS None. CONSENT AGENDA 97.18 Motion was made by Sindt, seconded by Johnson to approve the consent agenda items as follows: a. Claims for payment. b. December Investment Report. c. Receive minutes of the following advisory committee meetings: Economic Development Commission, January 7, 1997 Environmental Affairs Committee, January 7, 1997 Parks & Recreation Committee, January 8, 1997 Planning. Commission, January 9, 1997 d. Resolution No. -97-5 accepting donation from Armac Computers to the Police Department. e. Confirmation of 1997 Planning Commission Chair, Laurie Rieb. f. Resolution No. 97-6 vacating a drainage and utility easement on the Hosanna! Lutheran Church property at 165th Street and Ipava Avenue. g. Resolution No. 97-7 approving application for 1997 Community Development Block Grant funding. CITY COUNCIL MEETING MINUTES JANUARY 21, 1997 PAGE 3 h. Ci arette license for u g S perAmenca #4490, 21070 Glade Avenue. i. Trunk storm sewer credits and multi-purpose trail reimbursement, Hypointe Crossing 5th Addition. j. Trunk storm sewer reimbursement, Country Creek Estates 2nd Addition. k. Preliminary engineering and right-of--way pre-acquisition agreement with Dakota County for reconstruction of CSAH 5 from 170th Street to County Road 46, Improvement Project 97-7. I. Agreement with Dakota County for construction and turnback of County Road 58 (170th Street) and CSAH designation for County Road 46. m. Preliminary engineering and right-of-way pre-acquisition agreement with Dakota County for reconstruction of Cedar Avenue (CSAH 23) from Dodd Boulevard to south City limits, Improvement Project 97-9. n. Resolution No. 97-8 accepting a donation from Hosanna! Lutheran church to Meals on Wheels. o. Resolution No. 97-9 accepting a donation from. St. John's Lutheran Church to Meals on Wheels. p. Re-appointment of Wendy Wulff and ex-officio member David Bellows to one-year terms on the Planning Commission. q. Resolution No. 97-10 amending the General Fund budget; Resolution No. 97-11 amending the Cable TV Fund Budget; Resolution No. 97-12 amending the GIS Fund budget; Resolution No. 97-13 amending the Motor Vehicle Fund budget; Resolution No. 97-14 amending the Water Fund budget; Resolution No. 97-15 amending the Sanitary Sewer Fund budget. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 8 Mayor Zaun opened the. public hearing on the proposed modification of the Downtown Redevelopment Project and modification of Tax Increment Financing Districts No. 2 and 3 within Redevelopment Projects established by CITY COUNCIL MEETING MINUTES JANUARY 21, 1997 PAGE 4 the Housin and Redevelo ment Authorit of 9 p y Lakeville. The City Clerk attested that the required legal notice was duly published. Mr. Feller explained that each year, the state legislature imposes tighter restrictions on the use of tax increment financing. In order to preserve the City's future flexibility and utilization of,tax increment financing, it is being recommended #hat TIF District No. 2 {Senior Citizen Housing) and TIF District No. 3 (DKM-Professional Building) budgets be modified. Mr. Feller described the two proposed modifications as follows: • TIF District No. 2: Senior Housing. District was created in 1984 to provide a and write-down to enable the construction of Fairfield Apartments and the Senior Citizen Center. The last increment for the payment of the debt will be in 2003. However, this redevelopment district is entitled. to utilize all increments up to and including 2011. The proposed modification amends the budget and appropriates the 2004-2011 increments (approximately $120,000) to a future senior housing project. • TIF District No. 3: DKM Holyoke Professional Building was created in 1987, and the increment is pledged to help finance the downtown improvement project. The original TIF plan included parcels immediately north and west o CityHalL The parcels were taken out of the district due to lack of activity. The proposed modification re-activates the parcels and appropriates the tax increments for land acquisition, building demolition and infrastructure improvements for the Town Square project. Mayor Zaun asked. if Dakota County and School Districts 194 and 917 support the plan modifications. Mr. Feller stated the school districts have received the document and have not expressed opposition to the proposed plans. The plans are being forwarded to the Dakota County Board for approval at its next meeting. There: were no questions or comments from the. audience. 97.19 Motion was made by Johnson, seconded by Mulvihill to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. 97.20 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 97-16 approving a modification of the CBD Downtown Redevelopment Project No. 1, modification No. 1 of Tax Increment Financing District No. 2 and CITY COUNCIL MEETING MINUTES JANUARY 21, 1997 PAGE 5 Modification No. 2 of Tax Increment Financing District No. 3, all located within the Redevelopment Project, and the approval and adoption of a modified redevelopment plan and tax increment financing plans relating thereto. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 9 Mayor Zaun opened the public hearing on the application of SuperAmerica Group, a Division of Ashland, Inc., for an off-sale 3.2 percent malt liquor license at 21070 Glade Avenue. Chief Martens reported that background checks were conducted on the manager and are clear. Property taxes have been paid, and a liquor liability insurance certificate has been submitted. He indicated that SuperAmerica anticipates completion of the building within the next two to three weeks. It was requested, therefore, that the issuance of the 3.2 beer license be contingent upon the issuance of a certificate of occupancy by the Lakeville. Building Inspection Department. There were no questions or comments from the audience. 97.21 Motion was made by Sindt, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. 97.22 Motion was made by Sindt, seconded by Johnson to grant an off-sale 3.2 percent malt liquor license to SuperAmerica Group, a Division of Ashland, Inc., located at 21070 Glade Avenue, contingent upon issuance of a certificate of occupancy by the Lakeville Building Inspections Department. Roll cal 'was taken on-the-motion. Ayes,-Holberg, Johnson,-Zaun, Sindt, Mulvihill ITEM 10 Mr. Pat Cline, Community Service Manager for Northern States Power Company, requested Council approval of rezoning. and conditional use permits to allow the expansion of their electrical substation at the corner of Hamburg Avenue and County Road 50. CITY COUNCIL MEETING MINUTES JANUARY 21, 1997 PAGE 6 Mr. Sobota ex lained that a conditional use ermit was not re uired at the time P p q the substation was constructed in 1969. A conditional use permit is now required in order to expand the facility. The property is located in the shoreland overlay district of the north branch of South Creek. A rezoning to B- 1, Limited Neighborhood Business District, would allow the expansion of the ..,.:.impervious surface area of the property to exceed 25 percent. An_impervious surface area of more-than 25 percent is allowed by conditional use permit in the B-1 district. Mr. Sobota explained that .NSP is seeking approval of a two-phase expansion. The first phase is proposed to occur immediately in 1997. The second phase is anticipated to occur within 10 years. The Environmental Affairs Committee recommended that storm water retention ponds be constructed with the first phase. The Committee met prior to this evening's Council meeting and recommended approval of revised plans for the storm water retention ponds. Mr. Sobota explained that easement agreements dedicating seven feet of additional Hamburg Avenue right-of-way have not been signed by NSP. Staff recommends approval of the rezoning and conditional use permits subject to the easements being signed and recorded by NSP. Councilmember Sindt raised a concern that the amount of impervious surface could cause a change in the temperature of the trout stream. Mr. Erickson stated the DNR shoreland regulations currently allow 25% impervious surface. Recent DNR correspondence has indicated that 10 to 20% impervious surface in the entire watershed may effect slight changes in the temperature. He stated there is a limited amount of technical data available; however, the Economic Development Commission and Environmental Affairs Committee intend to address this issue and will be meeting with DNR officials, along with Barr Engineering, in February. Councilmember Johnson asked if electrical distribution from the substation will be overhead or underground. Mr. Joe Manser of the NSP Planning Department explained that the distribution circuits that exit the Airlake substation will be underground. However,. once they are beyond the substation property, they are both underground and overhead. Mayor Zaun asked if the B-1 zoning designation, from a planning point of view, is reasonable for this property if, in the future, the property is no longer needed for an electrical substation. Mr. Sobota explained that the B-1 zoning is a very limited use, and staff feels comfortable with the rezoning. Mr. Erickson stated CITY COUNCIL MEETING MINUTES JANUARY 21, 1997 PAGE 7 staff feels the ro ert is ositioned a ro riatel for the B-1 zonin iven the p p Y p pp P Y 9.9 adjacent channel and roadways. 97.23 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No, 594 rezoning property from R-5, single and two-family medium density residential district, to B-1, limited neighborhood business district; and approve •a conditional use permit'to allow an impervious surface area exceeding 25 percent in the shoreland overlay district and to allow the expansion of an existing electrical substation located north of County Road 50 and west of Hamburg Avenue, contingent upon Northern States Power Company signing and recording the roadway,. drainage and utility easements and agreeing to a special assessment agreement for storm sewer area charges if not paid in cash. Roll call was taken on the motion.. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 11 Mr. Jack Matasosky of Appro Development, Inc., representing Schubert Properties, LLC, .requested. Council approval of a conditional use permit and variance to allow the. construction of an Atlas Specialized Transport office/warehouse truck terminal facility on the north side of 213th Street at Heywood Avenue. Mr. Morey explained that approval of a conditional use permit would allow impervious surtace coverage greater than 25% in the South Creek shoreland overlay district. The Zoning Ordinance allows, by conditional use permit, a maximum of 75% impervious surface coverage within all industrial zoning districts located on tributaries. The variance would allow two driveway curb cut accesses on less than 250 feet of street frontage. Mr. Morey explained that -staff upports the variance request for the following reasons: • -The Atlas Specialized Transport property consists of two platted lots; if each of these lots developed separately, there would be two driveway accesses at this location. • The property is narrow at the. street frontage and wide in the middle. • Two driveway curb cut accesses are needed for efficient and safe on-site circulation, given the proposed design of the facility. • The two driveway curb cut accesses will not create a traffic safety problem for either Heywood Avenue or 21 Oth Street. CITY COUNCIL MEETING MINUTES JANUARY 21, 1997 PAGE 8 Councilmember Johnson asked where major run-off will accumulate. Mr. Morey explained that a storm water retention pond will be constructed on the north side of the parking area, south of the drainage channel, which will include an oil skimming device to provide treatment of the run-off. Councilmember Sindt asked .what the daily traffic volume on Heywood Avenue is expected to be. Mr. Matasosky stated they expect no more than 6 to 8 semi vehicles per day. Councilmember Sindt questioned whether there will be adequate parking space for employee vehicles when the business expands in the future. Mr. Morey reviewed the criteria that must be met before a permit for deferred parking can be issued, including a guarantee by the property owner that additional parking shall be constructed if parking demand exceeds the actual on-site parking supply. Councilmember Holberg asked if two-way traffic will be allowed on both driveways. Mr. Matasosky stated it will 97.24 Motion was made by Mulvihill, seconded by Holberg to receive the Planning Commission's Findings of Fact and Recommendation and. grant a conditional use permit and variance to allow the construction of an Atlas Specialized Transport, Inc. office/warehouse truck terminal facility on the north side of 213th Street at Heywood Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 12 Mr. Jack Matasosky of Appro.Development, Inc., representing the owners of First Heri#age Bank, requested Council actions relating to the creation of a lot for. construction of the First Heritage Bank. Representatives of the bank and Roger Gilb of Roger's Auto Service, were also present. Mr. Morey explained that the First Heritage Bank is proposed to be constructed on land that consists of the northerly (undeveloped) portion of the existing Roger's Auto Service parcel and an adjacent parcel (9030-202nd St. W.) on which anon-conforming single family house is located. In order for construction of the bank to occur, the following actions must take place: CITY COUNCIL MEETING MINUTES JANUARY 21, 1.997 PAGE 9 • An amendment to Roger s Auto Service conditional use permit 94-07 to revise the property boundaries and allow the required 30% green space to be deferred; • A Comprehensive Land Use Plan amendment to change the current land use designation from mid-density residential to commercial; • Vacation. of easements on the Roger's Auto Service property; • Administrative ubdivision to split off the northerly 157 #eet of the Roger's Auto Service property and combination of that property with the 9030-202nd Street West parcel. Mr. Morey explained that Mr. Gilb has an option to purchase an adjacent eight- acre parcel to the west which, when combined with the Gilb property, would fulfill the 30% green space requirement. However, staff does not feel that the green space at the rear of the property meets the intent of the ordinance to provide a buffer of the automobile repair activities from public view. Therefore, Mr. Gilb is required to post security. in .the amount of $30,000 that will guarantee completion of the following: • Remove existing pavement in front of auto service building; • Restoration and installation of landscaping in front of building; • Acquisition of the eight-acre parcel; • Reconstruction/relocation of the paved and curbed parking spaces to the rear of the building. Mr. Morey. stated that a shared private driveway, , "frontage road" ,easement and maintenance agreement has been entered into between Roger's Auto Service and First Heritage Bank. He explained that when the property to the west develops, the developing. property owners shall be included in the shared private driveway access easement and maintenance agreement, if requested by the City, and the private driveway access shall be extended by the developing property owners. He pointed out that the words, "if requested by the City", are not currently included in this condition, (Condition F of the Amendment to Conditional Use Permit No. 94-07), and should be added.. Councilmember Johnson .raised a concern that the $30,000 escrow for green space at Roger's Auto Service may be excessive, due to the fact that the business will be shielded from Highway 50 by the new bank, and it may not need this amount of green space along Iberia Avenue if some creative landscaping could be used that is acceptable to the neighborhood. Mr. Morey explained that due to the nature of the business, there can be a tendency for a large number of vehicles and equipment to be parked in the CITY COUNCIL MEETING MINUTES JANUARY 21, 199? PAGE 10 front of the building along Iberia Avenue, and the green space would soften the look of this commercial use. Councilmember Holberg asked what the percentage of green space is on the bank property. Mr. Morey stated perimeter landscaping is proposed adjacent to the future parking area. Councilmember Holberg asked if Roger's Auto Service intends to continue the fencing and landscaping that currently exists along the southern property line to the newly acquired property, maintaining continuity in landscaping for the entire site. Mr. Gilb indicated that the fencing was put in place to buffer his business from the adjacent group home. He stated he has no objection to planting additional shrubs or trees along the entire property line. Councilmember Holberg. asked about circulation in relation to the private driveway area . Mr. Matasosky explained the shared driveway access and signage for bank drive-up traffic. .97.25 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve an amendment to Conditional Use Permit No. 94-07, with additional wording in Stipulation F as follows, "When the property to the west develops, if requested by the City...", a Comprehensive Land Use Plan amendment, and Resolution No. 97-17 vacating easements for Appro Development/Roger's Auto Service/First Heritage Bank, located in the southwest corner of 202nd Street. and Iberia Avenue. Roll call was°taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 13 97.26 Motion was made by Mulvihill, seconded by Sindt to set a Council work session for February 12, 1997, at 5:00 p. m. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. CITY COUNCIL MEETING MINUTES JANUARY 21, 1997 PAGE 11 UNFINISHED BUSINESS None. NEW BUSINESS .97.27 Motion was made by Holberg, econded by Mulvihill #o approve Resolution No. 97-18 authorizing condemns#ion of private property for the extension of 175th Street east of Highview Avenue. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. Councilmember Mulvihill voiced her concerns regarding snowmobiling in residential areas of the City. She pointed out that snowmobile complaints are increasing. She stated she feels that in order to avoid endangering the safety of residents, consideration should be given to restricting snowmobiling in residential areas. She suggested that the City's Snowmobile Task Force be asked to convene and consider areas where snowmobiling should be restricted. She suggested that snowmobiling should be banned at Ritter Farm Park. Councilmember Johnson stated he feels that tougher enforcement and higher fines may be a way of getting the word out to those who chose to disregard safety. Councilmember Holberg stated. she agreed that the task force should examine the issue, but she would not want to see restrictions imposed on all snowmobilers based on the actions of the minority. Mr. Erickson stated that in addition to the Snowmobile Task Force examining this issue, the City will re-survey the community regarding its feelings on this issue. That citizen survey is expected to be completed later this winter. Mayor Zaurrpointed out that snowmobile trails within the Gity are limited today from what hey were years ago, which may be causing some confusion to snowmobilers. He suggested the task force look at building in more points along the trail where snowmobiles can be trailered and dropped off. He agreed that the City may need to, some day, restrict snowmobiling in residential areas of the City, particularly in the northern section. 97.28 Motion was made by Mulvihill, seconded by Sindt to refer the concerns raised this evening regarding snowmobiling to the Snowmobile Task Force and ask that they convene to discuss these issues. CITY COUNCIL MEETING MINUTES JANUARY 21, 1997 PAGE 12 Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ANNOUNCEMENTS Next regular Council meeting, February 3, 1997. Mayor Zaun adjourned the meeting at 9:35 p.m. Respectfully submitted, Charlene Frie ges, Cit lark Dua a Zaun, May r