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HomeMy WebLinkAbout03-07-94 V~ CITY OF LAKEVILLE COUNCIL MEETING MARCH 7, 1994 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was lead by local Camp Fire boys and girls. 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; Lieutenant Bellows, Police Deppartment; L. Gustafson, Assessment Clerk; D. Krings, Chief Building .Official; C. Friedges, City Clerk. MINUTES The minutes of the February 22, 1994, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson asked the Council to consider approval of a Settlement Agreement with Brian & Jacquelyn Seemann. The Council placed this matter under Unfinished Business. . ENGINEER: Mr. Nelson stated an informational meeting was held prior to the Council meeting for residents involved in the County Road 46 improvement project. ADMINISTRATOR: Mr. Erickson provided additional information for agenda items 9 and 10. He asked the Council to consider, under new business, setting a work session to receive recommendations from the Park Bond Referendum Task Force. PRESENTATIONS/INTRODUCTIONS Councilmember Sindt read a proclamation for AFS Host Family Recognition Week. A local AFS host family, Ken and Mary Dwier, accepted .the proclamation. Councilmember Harvey read a proclamation for Camp Fire Birthday Week. Local leaders Diane McAvoy and Nancy Borgert, and several troop members, accepted the proclamation. Dave Krings introduced building inspector Benny Svien. Gene VanOverbeke, Finance Director for the City of Eagan, presented the Certificate of Achievement for Excellence in Financial Reporting. Dennis Feller accepted the certificate on behalf of the City of Lakeville.. CITIZENS' COMMENTS None. CITY OF LAKEVILLE COUNCIL MEETING March 7,1994 Page 2 i CONSENT AGENDA 94.32 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Parks & Recreation Committee, February 16 Planning Commission, February 17 Cable TV Board, January 25 Park Bond Referendum Task Force, February 24 c. Approve change in contract amount with Bituminous Roadways from $37,515 to the revised amount of $37,290 for the police station remodeling project. d. Resolution No. 94-43 approving gambling permit for the Lakeville Hockey Boosters for pull. tabs at Towers Lounge.. e. Approve Change Order No. 15-1 with K & K Sales, Inc. in the amount of $95 for the police station e~ansion and remodeling project. £ Authorize OSM to prepare final plans for sanitary sewer, watermain and storm drainage facilities for CSAH SO reconstruction from Kenwaod Way to Jubilee Way, Improvement Project 94-3. g. Receive guide for -the final rules of the Wetland Conservation Act dated March 1,1994. h. Approve Special Assessment and Conveyance Agreement and Temporary Easement Agreement with North Creek Company. i. Approve Easement Agreement with Norbert and Shirley Jensen, Dodd Boulevard/210th Street, Improvement Project 93-7. j. Resolution No. 94-50 :approving License Agreements with CP Rail System for sanitary sewer and storm sewer crossings, Dodd Boulevard/.210th Street, Improvement Project 93-7. k. Resolution No. 94-44 authorizing temporary weight limits on City streets. 1. Authorize Southern Cruzers Car Club to use.Antlers Park on July 9, 1994, for the Pan-O-Prag Car Show. m. Authorize Twin Cities Model Boat Club to conduct a model boat race at Valley Lake park on July 9,1994. CITY OF LAKEVILLE COUNCIL MEETING March 7,1994 Page 3 n. Authorize submittal of an SBA grant application for the purchase of trees. o. Resolution No. 94-45 amending the 1994 Schedule of .Fees to include a subscription fee for City Council and Planning Commission .meeting minutes and agendas. p. Resolution No. 94-4b approving application for conveyance of tax forfeited land. q. Resolution No. 94-47 authorizing the sale of a City vehicle. r. Authorize submittal of preliminary State Grant-in-Aid grant applications for park purposes. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 8 Mayor Zaun opened the public hearing (7:20 p.m.) on the proposed reconstruction of County Road 46 from 850 feet west of County Road 5 to a point 500 feet west of Ipava Avenue, including an interchange at I-35, and County Road 5 reconstruction from the Burnsville border to approximately 600 • feet south of County Road 46, City Improvement Project 91-3. The City Clerk attested that legal notices were duly published and mailed. Mr. Nelson provided an overview of the proposed project, which. would consist of the upgrading of both County Road 46 and County Road 5 with widening, channelization and turn lane construction. Sanitary sewer, storm sewer and watermain improvements to serve the adjacent areas are also proposed in conjunction with the street construction. Along with the proposed .street and utility improvements, a bridge and folded diamond interchange are proposed at the County Road 46/I-35 intersection. Accesses will be closed at Jewel Avenue and Joplin Avenue, and east and west frontage roads will be realigned in conjunction with the interchange construction. An eight-foot wide bituminous trail is proposed on both sides of County Road 46 and along the east side of County Road 5. A large storm water ponding area will be constructed in the southeast corner of .Jaguar Avenue and County Road 46, which will be used for wetland banking. The project, Mr. Nelson explained, will involve three separate construction agreements between the City and Dakota County as follows: 1) County Project OS-22-CSAH 5 from CR 46 to the Burnsville border; 2 County Project 46-OS-CR 46 from CSAH 5 to Jewell Avenue, including the interchange; and. 3) County Project 46-09-CR 46 from Jewell Avenue to Ipava Avenue. • CITY OF LAKEVILLE COUNCIL MEETING March 7,1994 Page 4 Mr. Nelson then provided an overview of the estimated costs and funding sources. The total construction cost for the project, he stated, is estimated to be $18,460,500, which includes construction of the interchange, auxiliary lane and a third lane for Interstate 35. The project is to be financed by joint agreements with the Minnesota Department of Transportation, Dakota County, the City of Burnsville and the City of Lakeville. The cost of streets, :catch basins and right-of-way will be split between the County and cities based on a -55% County and 45% City :participation. The .City of Lakeville will be responsible for the majority of the .cost of storm sewer and 100% of the watermain and sanitary sewer improvement costs within the city, The County will pay 100% of the cost for bituminous trails on the south side of County Road 46 and along the east side of County Road 5. The City of Lakeville is responsible for the cost of the trail on the north side of .County Road 46. The City of Lakeville's financial responsibility is estimated at $8,518,0(}0. This amount is proposed to be financed through a combination of special assessments, trunk storm sewer funds, tax increment financingg, trunk .utility funds, park trail funds, ad valorem bonding and MSA funding. The benefitting properties which .abut County Road 46 and County Road 5 are proposed to be assessed in accordance with the City's state aid assessment policy. The assessment rate established for 1994 is $44.90 per front foot for an urban type residential street equivalent. Commercially zoned. property is proposed to be assessed at 1.5 times the residential rate, ar $67.35. per front foot. Mr. Nelson stated construction for Contracts One and Three are scheduled to begin in spring, with substantial completion by fall of 1994. Contract Two is scheduled to begin in the summer of 1994, with completion of the interchange. scheduled for the summer of 1996. The assessment hearing for the project would take place in the fall of 1996. The weigh stations on I-35 are scheduled to be moved to Albert Lea in August of this year. Mr. Dave Everds, Dakota County Engineer, stated the County is proposing to convert the weigh station areas into park-n-ride lots, and eventually mto terminals for transit to the Twin Cities. The County is currently pursuing Federal ISTEA grant funding for this project, which could ultimately help reduce the County Road 46 project cost to the City and County. Mr. Feller provided a detailed analysis of the funding sources for the project, including approximately $4 million over a four year penod in State turn-back funds. He explained. that the City has $1.5 million in state-aid funds on hand to finance the state-aid street construction. The remaining $1.4 million will be taken from 1995-96 state-aid allocations. Also, excess increment is available from the Mills Fleet Farm Tax Increment Financing District. Mayor Zaun opened the public hearing to questions and comments from the audience. Ms, Nona Kalisch, 16199 Jamaica Avenue, asked if her property would be assessed for storm sewer, and Mr. Nelson stated it will not. CITY OF LAKEVILLE COUNCIL MEETING March 7,1994 Page S Ms. Lynn Pyfferoen, 10349-163rd Street W., asked if any plans are being made for a stop light on County Road 46 to provide a safe. crossing for. children. Mr. Erickson explained that future open space and parks are expected in the area south of County Road. 46, which would eliminate the need for children to cross County Road 46. Mr. Ralph Schultz, 16380 Kenwood Trail, stated he had not received a legal notice.. for this public hearing and wished to discuss a driveway issue that is affecting his property. Mr. Erickson explained to Mr. Schultz that his property is being affected by the development of the Kenwood Oaks subdivision, and is not in the County Road 46 project area. He explained that Mr. Schultz will be notified of the public hearing for Kenwood Oaks. Mr. Timothy Pyfferoen, 10349-163rd Street W., questioned the reason for the trail connection on both sides of County Road 46, Mr. Michaud explained that County Road 46 is a minor arterial roadway, and eight foot trails .are required on both sides per the City's Trail System Plan. Councilmember Sindt asked if the water system will be looped on the west side near the Burnsville border. Mr. Nelson stated the water will ultimately be looped when CSAH 5 is upgraded from County Road 46 south toward the Chart House, approximately 1996). Councilmember Johnson asked Mr. Feller to explain what risks or potential problems, if any, the City faces by pledging future state-aid funds for .the project. Mr. Feller explained that the City will receive approximately $850,000, possibly $100,000 based on current population figures, m state aid funds per year. Mr. Erickson explained that the City has committed its state-aid allocations and exhausted other resources for this project that would have typically been available .for other state-aid projects. This situation would limit the City's ability to provide financial assistance for the construction of state-aid streets in areas where new subdivisions are being proposed. 94.33 Motion was made by Harvey,. seconded by Mulvihill to close the public hearing (8:15 p.m.) Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. 94.34 Motion was-.made by Sindt, seconded by Harveytoapprove Resolution No. 94-48 ordering public improvement and authorizing °approval of three construction a eements with Dakota County for the reconstruction of County Road 46/CSAH 5%I-35 interchange, Dakota County Project No. 46-09, 5-22 and 46-OS, City Improvement Project 91-3. Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. CITY OF LAKEVILLE COUNCIL MEETING March 7,1994 Page 6 • ITEM 9 Mr. Mark Hotzler, representing Holyoke Crossing Limited Liability Company, requested Council approval of a conditional use permit and variance for the construction of off-site parking facilities at 207th Street and Holt Avenue. Mr. Sobota explained that the Lakeville Mall property does not meet current zoning ordinance parking standards for retail space. As part of an agreement with staff to reopen the mall, Holyoke Crossing agreed to acquire the single family residence at 207th and Holt to be redeveloped as an off-site parking lot. Excess increment from the DKM Partnership TIF District could assist in the project. A proposed resolution would authorize the Mayor and City Clerk to execute the Redevelopment Agreement between the City, Lakeville HRA and Holyoke Crossing Limited Liability Company for redevelopment of the parcel. A conditional use permit is needed for the off: site parking, and the variance is necessary to line up the driveway opening with the existing mall curb cut immediately across the street on 207th Street. Mr. Sobota stated. a .revised site plan dated March 3, .1994, has been submitted, and that date should be referenced in the conditional use permit and variance, rather than February 25th. Councilmember Sindt asked about the current parking demand and stated she wants to see parking made available to customers and not tied up by mall employees. Mr. Grootwassink, representing Holyoke Crossing Limited Liability Company, stated the United States Postal Service is planning to expand along the entire east side of the building, which will eliminate the businesses currently located there. This will provide additional parking stalls that haven't previously been available. 94.35 Motion was made by Harvey, seconded by Mulvihill to approve: 1) Conditional use permit for Holyoke Crossing Limited Liability Company to construct off-site parking. facilities at 207th Street and Holt Avenue, referencing the March 3rd site plan; 2) a two-foot setback variance for a curb cut from .the street right-of-way, referencing the March 3rd site plan; and 3) Resolution No. 94-49 concerning redevelopment of property at .207th Street and Holt Avenue for parking purposes. Roll call was taken on the motion. Ayes, Mulvihill, .Harvey, Johnson, Zaun, Sindt. ITEM 10 Jack Matasosky of Apro Development requested Council approval of a planned unit development/conditional use permit for Ryt-Way Industries to allow the construction of two connecting building links between two existing buildings located at 21850 Grenada Avenue and 21855 Cedar Avenue. Mr. Sobota stated the two connecting building links would allow for the movement of personnel and goods between the two buildings. The west building.: will be used primarily for manufacturing and packaging, and the east building. will continue to be used for warehousing and shipping. CITY OF LAKEVILLE COUNCIL MEETING March 7,1994 Page 7 • He explained that the City Council approved a development contract for Ryt-Way Industries in August of 1993 for the construction of a storm pond and a parking deferment.. Since that date, Ryt-Way has acquired the building directly west of their existing building. The. proposed amendment to the development contract would delete any reference to the previously proposed sanitary sewer and parking deferment to the east building. Ryt-Way has applied for a parking deferment for the east and west buildings, which will be reviewed administratively. Mr. Sobota stated the Metropolitan Airports Commission has now consented to the negotiated Joint Powers Agreement which was approved in August of 1993 for construction of the storm pond on MAC property. Staff recommends approval of the negotiated agreement. 94.36 Motion was made by Mulvihill, seconded by Harvey to receive the Planning Commission's findings of fact and approve: 1) Planned Unit Development Conditional Use Permit to integrate two industrial buildings on land located at 21855 Cedar Avenue and 21850 Grenada Avenue; 2) Amendment to the development contract with Ryt-Way Industries; and 3) Joint Powers Agreement with the Metropolitan Airports Commission for stormwater detention basin construction and maintenance. Roll call was taken on the motion. Ayes, Harvey, Johnson,. Zaun, Sindt, Mulvihill. ITEM 11 Mr. Roger Gilb, representing Roger's Auto Maintenance Facility, asked the .Council to table consideration of a conditional use permit to allow a major automobile repair business at the southwest corner of Trunk Highway 50 and Tberia Avenue until they are able to secure financing. He stated he will notify City staff when they are ready to proceed. 94.37 Motion was made by Mulvihill, seconded by Sindt to table consideration of a conditional use permit for Roger and Jane Gilb to allow a major automobile repair business at Trunk Highway 50 and Iberia Avenue. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 12 94.38 Motion was made by Harvey, seconded by Sindt to set a special Council meeting for Friday, March 11, 1994, at 7:00 a.m. to receive bids and award contracts for the Lakeville Civic Arena project. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. CITY OF LAKEVILLE COUNCIL MEETING March 7,1994 Page 8 94.39 Motion was made by Sindt, seconded by Harvey to appoint Bruce Skipton to a vacancy on the Planning Commission, for a term which will expire on January 1, 1997. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. .UNFINISHED BUSINESS 94.40 Motion was made by Harvey, seconded by Sindt to approve a Settlement Agreement with Brian and Jacquelyn Seemann, Improvement Project 89-9. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. NEW BUSINESS 94.41 Motion was made by Harvey, seconded by Johnson to set a Council work session for Thursday, .March 31st, at 7:00 p.m. to receive the recommendations of .the Park Bond Referendum Task Force. Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill. i ANNOUNCEMENTS Next regular Council meeting, March 21,1994 Mayor Zaun adjourned the meeting at 8:50 p.m. Respectfully submitted, Char a Friedges, ' y Clerk Dane Zaun, May