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HomeMy WebLinkAbout09-06-94 t t CITY OF LAKEVILLE COUNCIL. MEETING SEPTEMBER 6, 1994 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, Harvey 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. Bellows, Lieutenant;. D. Morey, Planner; F. Dempsey, Associate Planner; C. Friedges, City Clerk. MINUTES The minutes of the. August 15, 1994, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Mr. Erickson asked the Council to consider, under Unfinished Business, the revised preliminary plat of Golden Pond (14a) and receipt of a letter from the Dakota County Highway Department regarding stop signs at 210th Street and Dodd Boulevard. Mr. Erickson also asked the Council to consider, under New Business, receipt of letters from residents in Crystal Ridge Estates requesting a traffic. signal on County Road 46. PRESENTATIONS/INTRODUCTIONS Marjorie Drake, representing the Josiah Edson Chapter of the Daughters of the American Revolution, requested the City Council proclaim September 17, 1994, as Citizenship Day and the week of September 17-23, 1994, as Constitution Week. Mayor Zaun read the proclamation. t CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1994 - PAGE 2 94.163 Motion was made by Mulvihill, seconded by Sindt to proclaim September 17, 1994, as Citizenship Day and the week of September 17-23, .1994, as Constitution Week. Roll call. was taken orr the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmember Harvey commented on the claim for payment from Hewlett Packard in the amount of $3,247.85. 94.164 Motion was made by Harvey, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, August 18 Parks & Recreation Committee, August 17 Environmental Affairs Committee, August 16 Cable TV Board, August 23 c. Appointment of Dennis Miranowski to the Vermillion river Watershed Management Commission.. d. Approve change orders for police station expansion and remodeling project. e. Approve .change orders for Lakeville .Civic Arena project. Resolution No. 94-170 accepting donation from Enggren's Foods. g. Resolution No. 94-171 establishing an absentee ballot board. h. Grant extension of time for completion of Well No. 9, Improvement Project 94-6. • i. Receive bids and approve Resolution No. 94-172 awarding contract for site grading of Fairfield Business Campus, Improvement Project 91-10. .j CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1994 • PAGE 3 j. Receive bids .and approve Resolution No. 94-173 awarding contract for extension of 185th Street watermain, Improvement Project 94-9. k. Resolution No. 94-174 granting temporary easement to Dakota County for County Road 46 reconstruction, Improvement Project 94-9. I. Approve trail and storm sewer credits for Marion Pines 3rd Addition. m. Resolution No. 94-175 approving final plans and specifications and setting a bid date for pumphouse No. 10, Improvement Project 94-9. n. Final acceptance of street and utility improvements, Hypointe Crossing 2nd Addition. o. Final acceptance of street and utility improvements, Dodd Ridge 3rd Addition. p. Resolution No. 94-176 renaming Island Avenue south of 170th Street to Isleton Avenue. q. Special assessment agreement with Dean J. Zweber, 9006-210th. Street West. r. Agreement with North Creek Company for the installation of a wood fence along a public trailway and along Fairgreen Avenue within private property owned by North Creek Company. s. Authorize the installation of stop signs on Howland Avenue at 207th Street. Roll call was taken on the .motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 8 Mayor Zaun opened the public hearing on the proposed modification of Airlake Redevelopment Project No. 1 and establishment of Tax Increment Financing District No. 15, within .Airlake Redevelopment Project No. 1, for Century Refining, Inc. The City Clerk attested that the public hearing notice was duly published. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1994 PAGE 4 Mr. Sobota stated .Century Refining, Inc. is proposing to construct a 22,000 square foot office and recycling/refining operation in Airlake Industrial Park. He explained that the City's redevelopment consultant, Walt Hartman,. has drafted the plan to create a 15 year renewal and renovation district. The 15 year district will defer any Local Government Aid (LGA) penalty until the sixth year of increment. Mr. Jeff Johnk and Mr. Dan Hershberger of Century Refining, Inc. requested Council approval of the proposed modification and establishment of Tax Increment Financing .District No. 15. There were no questions or comments from the audience. 94.164 Motion was made by Johnson, seconded by Harvey to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. Mr. Sobota recommended the City Council tableagenda items 8f and 8g to allow the legal counsel for Century Refining, Inc. to complete their review of the development agreement. 94.165 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 94-177. approving a modification to Airlake Redevelopment Project No. 1 and establishment of Tax Increment Financing District No. 15 (Century Refining) to be located within the redevelopment project, and approving a modified redevelopment plan and tax increment financing plan related thereto; and tabling approval of a development agreement with Century Refining, Inc. and a grant agreement with People's Natural Gas. Roll call was taken. on the motion. Ayes, Mulvihill, Harvey,. Johnson, Zaun, Sindt. ITEM 9 Mr. Mark Cormack, representing the Parker-Hannifin Corporation, requested Council .approval of a conditional use permit to allow the construction of a loading berth at the front of their existing building and proposed expansion at 2.1337 Hemlock Avenue. Mr. Dempsey presented the proposed conditional use permit for a loading • berth., which is proposed to be constructed as part of a planned 19,200 square foot addition onto the existing 25,600 square foot building. He explained that CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1994 PAGE 5 the all weather fire access road must be extended and maintained around the south side of the building, in accordance with applicable fire codes. He also stated that Lots 10, 11 and 12, Block 3, must be combined prior to issuance of a building permit. 94.166 Motion was made by Johnson, seconded by Mulvihill-to receive the Planning Commission's findings of fact and approve a conditional use permit for Parker- Hannifin Corporation. to allow.construction of a loading :berth at the front of the existing and proposed expansion of their building located at 21337 Hemlock Avenue. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. ITEM '10 Ms. Kim Davis requested Council approval of a building setback variance on Lot 7, Block 4, Lakeville Hills, from the. ordinary high water level of Lee Lake for the construction of a new home. Mr. Dempsey presented the proposed variance, which is being requested by Klotz Construction.. He explained that the property was platted. in 1957, which predates the Shoreland Ordinance. The. lot has remained undeveloped until this time. He explained that the City Attorney has reviewed the application and has determined that strict enforcement of the Shoreland Ordinance would deprive the owner of all reasonable right to use of the .property. The Dakota County Soil & Water Conservation District has also reviewed the application. and recommends approval. Councilmember Harvey raised. a concern regarding the. potential for erosion. and sedimen#ation into Lee Lake. Mr. Erickson<stated the Environmental Affairs Committee recommended approval of the variance with-the requirement that if sod cannot be installed because of the time of year, the 3-1 slopes must be seeded and erosion control. blankets installed. Ms. Davis stated they plan to sod the entire parcel Mr. Erickson suggested that sodding be included as a requirement of the variance. 94.167 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact and grant a building setback variance from the ordinary high water level of Lee take on Lot 7, Block 4, Lakeville Hills,. with a CITY OF LAKEVlLLE COUNCIL MEETING SEPTEMBER 6, 1994 • PAGE 6 change in Condition 3e to include a requirement that the entire parcel be sodded. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt. Mulvihill, Harvey. ITEM 11 Mr. Mark Ulfers of the Dakota County H.R.A. requested Council approval of a major expansion project for the Winsor Plaza Senior Housing complex, which includes the construction of 24 units and the conversion of one unit to community space. Mr. Sobota stated the expansion project requires a number of planning actions as follows: • Vacation of a portion of Upper 208th Street, a portion of Howland Avenue and a drainage and. utility easement. • Rezoning from CBD-I, Central Business District-Industrial, to PUD, Planned Unit Development • Planned. Unit Development amendment • Approval of the preliminary and final plat of Downtown Second Addition • Stipulation of Settlement with Despatch Industries, Inc. for the acquisition of additional right-of-way • Resolution awarding contract for street and utility improvements Mr. Ulfers indicated that based on market research studies, the need for senior housing continues to grow in the Lakeville area, pointing out that there is a three to five year waiting list for Winsor Plaza. He stated he hopes this expansion will help meet those needs, and he thanked the City Council and staff for their support. Councilmember Sindt asked if this property will be .platted into one parcel. Mr. Erickson stated he existing. plat will be included. ire the re-plafi along with the adjoining parcels that were acquired for: this. project. Councilmember Harvey asked if the Despatch Industries land that will be used as a truck turn-around area will become public right-of-way after the City constructs the street improvements. Mr. Erickson explained that in determining the value of the land being provided to the City by Despatch Industries, this public improvement project is being constructed in lieu of any payment to Despatch Industries for right-of-way that CITY OF LAKEVILLE C4UNC1t_ MEETING SEPTEMBER fi, 1994 PAGE 7 i the City is acquiring for the 208th Street cul-de-sac. He stated Despatch Industries. will,. however, be responsible for maintenance of this private street section. Councilmembers Sindt and Mulvihill asked about underground parking.. The project architect explained that there will be underground parking below the new building, with additional surface parking.. Motorists will access the underground parking through a tunnel, which will be wide enough for two vehicles to pass. 94.168 Motion was made by Harvey, seconded by Mulvihill to approve the following items with regard to the Winsor Plaza expansion project: • Resolution No. 94-1.78 vacating a portion of Upper 208th Street • Resolution No. 94-179 vacating a portion of Howland Avenue • Resolution No. 94-180 vacating drainage and utility easements • Ordinance No. 531 rezoning property from CBD-I, Central Business District-Industrial, to P armed Unit Development • Development Contract and Planned Unit Development Agreement • Resolution No. 94-181 approving the preliminary and final plat of Downtown Second Addition • Stipulation of Settlement with Despatch Industries, Inc. • Resolution No, 94-182 receiving bids and awarding contract for Improvement Project 93-5. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 12 Mr. Morey presented the final plat of Hypointe Crossing 4th Addition, which consists of 47 single family residential lots south of 165th Street and west of Highview Avenue. As part of he final plat, he explained, the developer is requesting approval: of hevacation of an existing boundary drainage and utility easement on `Lot 14, Block-1, Crystal Lake .Golf Estates 3rd Addition. Mr. Morey stated the final plat of Hypointe Crossing 4th Addition represents the first phase of the three phase preliminary plat approved in 1993 and the sixth phase of the 376 lot Trotter's Ridge .preliminary plat approved in 1987. :The Planning Commission and staff have reviewed the plat, and all recommend approval. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1994 PAGE 8 Councilrnember Harvey asked if there will be any footings constructed on fill. The City Engineer stated six lots in Block 5 and two lots in Block 13 will need just over two feet of fill, which is not substantial 94.169 Motion was made by Johnson, seconded by Harvey to approve Resolution No. 94-183 approving the final plat of Hypointe Crossing 4th Addition;. and Resolution No. 94-184 vacating drainage and utility easements, Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 13 94.170 Motion was made by Harvey, seconded by Mulvihill to set a Council work session for Tuesday, September 27, at 7:00 p. m. Roll call was taken. on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. • UNFINISHED BUSINESS-14A The City Council took up consideration of the revised preliminary plat of Golden Pond. Mayor Zaun explained that the preliminary plat was approved by the City Council on August 15th with a number of stipulations, including the relocation of Hummingbird Avenue. Mr. Sobota presented the revised preliminary plat. A discussion was held regarding the proposed conversion of 210th Street to an urban section in conjunction with this development. Councilmember Sindt was concerned with providing the urban section only to residents who supported it. Mr. Erickson explained that he knows of two residents who are not willing #o provide the necessary right-of-way for an urban section road at this time. He stated the developer is not willing to support the urbanization unless all property owners agree to participate. The City Attorney suggested that the development proceed without the urban section at this time. He suggested the City hold a public improvement hearing at a later date so as not to hold up the plat or set a precedence with the property owners. Mrs. Benolkin stated that they had not agreed with the City Engineer's • recommendation to relocate their driveway to Hyacinth Avenue. Mr. Sobota. CITY 4F LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1994 PAGE 9 • explained that the driveway re-location is being recommended as part of Phase 2 development. He stated staff will work with the Benolkins on this matter. Mr. Ward. Anderson spoke on behalf of the developer, Warren Isrealson of Progress Land Company, and stated the proposed access to the south on Honeycomb Path, which was recommended by the City Engineer, is not acceptable to Mr.1srealson. He stated Mr. Isrealson warfts a paved trail instead of the street extension so that he wi l not. have to give up a lot. Mr. Erickson pointed out that requests made by the residents have been accommodated by the. City and developer. He stated, "We should also accommodate the developer's request". Councilmember Johnson stated he would support the plat as proposed by the developer, since he continues to meet all of the City's subdivision requirements. He feels the plat will be of major benefit to the Gity of Lakeville, particularly the downtown area. 94.171 Motion was made by Sindt, seconded by Mulvihill to approve the revised. • preliminary plat of Golden Pond dated September 1, 1994, with a pavedllandscaped trail in lieu of the street access (Honeycomb Path) to the south. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill In response to Councilmember Harvey's inquiry, Mr. Erickson clarified that the requirements of the developer for the urban section remain the same. It will be .the City's responsibility to work with the. residents in the public. improvement process. UNFINISHED BUSINESS -14B Mr. Erickson presented a letterfrom: David Everds, Dakota County Highway .Engineer,-approving the installation of four-way stop signs at CSAH 9 and 21 Oth Street. The letter states that the County will monitor traffic on Highvi'ew Avenue to determine whether afour-way stop is warranted at that intersection. 94.172 Motion was made by Harvey, seconded by Sindt to receive a letter from the Dakota County Highway Department dated August 25, 1994, .regarding the • installation of four-way stop signs at CSAH 9 (Dodd Boulevard) and 210th Street. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 6, 1994 PAGE 10 Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. NEW BUSINESS 94.173 Motion was made by Mulvihill, seconded by Sindt to receive letters from residents of Crystal Ridge Estates requesting a stop light on County Road 46. Roli call. was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. Mr. Erickson explained that conduits were put in place at lpava Avenue and Jaguar Avenue as part of the recent upgrade of County Road 46. However, the County must determine whether warrants are met before a signal can be installed. He recommended the City Engineer send a recommendation to the Dakota County Highway Engineer to meet with representatives of the neighborhood to review their concems and discuss possible interim solutions. 94.174 Motion was made by Mulvihill, seconded by Johnson to authorize staff to communicate the concerns of the Grystal Ridge Estates residents to the Dakota County Highway Engineer. Roll call was taken on the motion. Ayes, Sindt, Mulvihil ,Harvey, Johnson, Zaun. ANNOUNCEMENTS Next regular Council meeting, September 19, 1994 Special Council meeting, September 14, 1994 Mayor Zaun adjourned the meeting at 9:05 p.m. to an executive session of the City Council to discuss collective bargaining.. Respec#fully submitted, ~ P Charlene Frredges, y Clerk • Du ne Zaun, r