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HomeMy WebLinkAbout01-07-91 1, CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 1991 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The Color Guard from VFW Post 210. presented the colors,.and the. pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; D. Licht, Planning .Consultant; K. Nelson, City Engineer; D. Feller, Finance Director; S. .Michaud, Parks & Recreation Director; J. Robinette, Public Works Director; M. Sobota, Community & Economic Development Director; D. Gudmundson, Chief of .Police; J. Hennen, Planning Assistant; C. Friedges, City Clerk. MINUTES The minutes of the .December 17, 1990, City Council meeting were approved with one revision on Page 13 and correction of a typographical error in numbering of Motions 320, 321 and 322 on Page 14. STAFF ANNOIINCEMENTS Attorney: None Engineer: :None Administrator: Mr. Erickson asked the Council to consider withholcling action on the re-appointments to .the Natural Resources Committee. This would allow time for the Committee and staff to consider forming a new .committee by combining the Committee's current responsibilities to include solid waste. He suggested the staff report back to the Council with a recommendation from the Committee. PRESENTATIONS/INTRODIICTIONS None. CITIZENS' COMMENTS Mr. Steve Hanson, 18030. Kenwood Trail, invited the Council and staff to attend a Good Neighbor Agreements Seminar on prevention and reduction of toxic pollutants, sponsored by the .Citizens for a Better Environment. CONSENT AGENDA Councilmembers added Agenda Item 13, designation of the Lakeville .Life & Times as the official .City newspaper and contract for Messages page for 1991, and Agenda Item 16, } CITY OF LAKEVILLE COTJNCIL MEETING JANUARY 7, 1991 PAGE 2 Appointment of Eugene Hugelen and Robert Crumpton, Jr. to vacancies on the Cable TV Board. Consideration of appointment to fill a vacancy on the Economic Development Commission will be taken up under "New Business". 91.1 Motion was made by Harvey, seconded by Mulvihill to approve the modified consent agenda items as follows: a. Approve claims for payment. b. Receive minutes of December 19, 1990, Parks. & Recreation Committee and .December 11, 1990, Cable TV Board meetings. c. Approve Resolution No. 91-01 appointing .depositories for 1991. d. Approve Resolution No. 91-02 authorizing car allowances. e. Approve. Resolution No. 91-03 approving gambling license for the Lakeville Chamber of Commerce. f. Set the Board of Review meeting for Monday, April 8, 1991, at 7:00 p.m. • g. Final acceptance of utilities only, Country .Pond South. h. Final acceptance of streets only, Shady Oak Shores. i. Final acceptance of streets and utilities, Shady Oak Shores 2nd. j. Final acceptance of utilities only, Shady Oak .Shores 3rd. k. Final acceptance of streets and utilities, Cherry Highlands 2nd. 1. Final acceptance of streets and utilities, Highview 1st. m. Final acceptance of streets and utilities, Highview 2nd. n. Final acceptance of utility improvements for Trottexs Ridge (Phase I and Il) . o. Final acceptance of .utility improvements for: Trotters. Ridge 2nd Addition. p. Renewal of Standard Engineering Agreements and approval of .1991 fee schedule with Tolz, King, .Duvall, Anderson, & • Assoc. (TKDA), Orr, Schelen, Mayeron & Assoc., (OSM) and Sugar, Roscoe, Fausch, Inc. (SRF). 1 ~ CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 1991 PAGE 3 q. Authorize Strgar, Roscoe, Fausch, Inc. and Northwest Associated Consultants to update the City's Transportation Plan. r. Renewal of contract for legal services with Campbell, Knutson, Scott & .Fuchs. s. Renewal of contract for planning services with Northwest Associated Consultants. t. Approve agreement continuance with Goodwill/ Easter Seal for recycling drop-off center, u. Approve amendment to .1989/1990 Joint Powers Agreement with Dakota County for recycling programs. v. Approve Resolution No. 91-04 authorizing grant application to Minnesota Historical Society for updating Community History Book. w. Approve contract- with Polished Brass Cleaning Service for cleaning. of the Senior Center and Motor Vehicle Office. x. Set a Council Work Session for January 14, ..1991, at 7:00 p.m. y. Approve an agreement with the Minnesota Department of Natural Resources for an aeration system on Lake Marion. z. Approve Resolution No. 91-05 establishing committees of the City Council and approving the Mayor's appointments thereto. 13. Designation of the Lakeville Life & Times as the official City newspaper and approval of contract for the Messages page :for 1991. 16. Appointment of Eugene Hugelen and Robert Crumpton, Jr. to vacancies on the Cable TV Board. Roll call was taken on the mota.on. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 8 Mr. sobota presented the proposed rezoning of property in downtown Lakeville located between Holyoke and Holt avenues and 209th and 210th streets from B-4, General Business District, to CBD-C, Central Business District-Commercial. He CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 1991 PAGE 4 explained that this action is being prompted by the rezoning. request of Dick & Ann Miller, .who are proposing development of the Miller Professional Building at the corner of Upper 209th Street and Holyoke Avenue. The proposed site is currently zoned B-4, and the Millers are requesting the rezoning to CBD-C to allow consistency in setbacks along Holyoke .Avenue with other properties in the downtown area.. The Planning Commission held a public hearing on the request and recommends approval. Mr. Sobota explained .that staff feels the. rezoning of the .'entire area between Holyoke and Holt avenues and 209th and 210th streets to CBD-C .will encourage redevelopment in the southern part of the downtown area. He explained that the. 1985 Central Business District Concept Plan recommended expanding the central core area to include the existing commercial uses between 208th Street and 210th Street. The only differences between the B-4 zoning and CBD-C zoning clistricts are in lot area, lot width and setbacks. 91.2 Motion was made by Harvey, seconded by Ruhmann to adopt Ordinance No. 427 rezoning property between Holyoke and Holt avenues and 209th and. 210th streets .from B-4, General Business District, to CBD-C, Central Business District-Commercial. Roll call was .taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 9 Mayor Zaun opened the public hearing. on the proposed Modification No. 2 of the Southfork I Housing Development. Project Plan, Interest Rate Reduction Program and Housing Tax Increment District No. 8. The City Clerk attested to proper publication of the legal notice. Mr. Sobota explained that the Plan Amendments involve using. excess increment from the Southfork I TIF Project to assist two. projects. The first is a 4,200 square foot professional building proposed by Dick & Ann Miller at the corner of 209th Street and Holyoke Avenue in downtown Lakeville. Up to $90,000 would be provided to the Millers to assist in land write-down and clearance and soil corrections. A new TIF District, he pointed out, is not being created for. this project. Mr. Sobota explained that excess increment will also be used to pay public costs, including the debt service on general obligation bonds (approximately $229,000), for the Meadows i7 CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 1991 PAGE 5 North TIF project that were issued by the City to have the site cleaned up and prepared for development. The :property, which is currently zoned R-6, is located at 202nd Street and Icalee Path. Mr. Sobota explained that some Meadows North residents expressed concern that this transaction will encourage a multi-family housing project.. (The Meadows North TIF Project, which failed, consisted of 132 low and moderate income housing units). He presented a letter dated January. 7, 1991, from the City's bond counsel, John Kirby, which addresses any .possible future for this property (letter on file in the City Clerk's office) . Mr. Sobota explained that the current TIF District will expire in April of 1992 if development. does not occur on the Meadows North property. Staff .feels there is a limited possibility that development will occur prior to that time. Councilmember Sindt pointed out that state law classifies low to moderate income for a family of four at about $49,000. Councilmember Harvey referenced Mr. Kirby's letter which states Ghat. the Amended Plans contemplate that at least. some of the housing units (whether single family or multifamily) be affordable by people in this income range. Mr. Erickson explained that utilizing the excess increment to pay off the debt service. on the Meadows North project takes the pressure .off the City to actively pursue a developer for that property. He explained that the staff has been promoting a land .use transition so that if the property is developed, it is done in a mixed use planned unit development The transition would buffer any high density development from the existing single family housing with some single family housing and green space. Mr. Erickson also stated that the $90,000 one time infusion to the Miller project will generate approximately $14,000 in additional real estates taxes annually. 91.3 Motion was made by Harvey, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey, 91.4 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 91-06 adopting Modification. No. 2 to Southfork I Housing Development Project Plan, Interest Rate- Reduction Program and Housing Tax .Increment District No. 8 Financing Plan, and Adopting the Modified. Plans and Program. { CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 1991 PAGE 6 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 10 Mr. Licht provided the background on the request of B & S Tire for a conditional use permit to operate a retail fire ..service store. at the McStop Interstate Wash facility. He explained that .the Planning Commission felt, under the circumstances presented to them, the proposed use was appropriate at that location. They recommended approval of the conditional use permit. The City Council, on April 20, .1990, asked that further studies be conducted regarding fire service and truck stop operations and directed the City's traffic .engineering consultant, Strgar-Roscoe-Fausch, Inc. to .'undertake a review and analysis of the B & S Tire operation. to determine the acceptability of traffic circulation on the site. The traffic consultant's report, he explained, further verified the staff's initial conclusion that the site is over utilized .and was not designed for the combination of activities proposed. He also explained that the. use, in and of .itself, .was not questioned, but rather the manner in which it was. being proposed. He pointed out that the .staff also considered the fact that this facility is not a free .standing entity; and while it is not a part of the owner's association, it remains a part of the entire McStop Planned Unit Development. Mr. Licht explained that based on staff's .analysis and the traffic consultant's findings, which identified some very serious traffic problems, the City Attorney has drafted Findings of Fact and Decision for denial of the conditional use permit. 91.5 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's recommendation and approve a conditional use permit for B & S Tire to operate a retail fire service store at 21178 Kenrick Avenue. Roll call was taken on the motion. Ayes, none. Nays, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. MOTION FAILED. 91.6 Motion was made by Harvey, seconded by Sindt to adopt the Findings of Fact and Decision for denial of a conditional use permit for B & S Tire to operate a retail fire service store at 21178 Kenriek Avenue. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 1991. PAGE °7 Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. ITEM 11 Mr. Sobota presented a rezoning request which would allow vehicle repair and service as a permitted use, within certain guidelines, in the I-1, Limited Industrial, and I-2, General Industrial, zoning districts. This amendment, he explained, is being sought by .the City in an effort to accommodate businesses that repair and service semi-trucks and other industrial type vehicles.. The amendment would :allow these businesses in industrial areas where their customer base is located and would allow uses that are compatible to locate in close .proximity to one another. The Planning Commission conducted a public hearing and unanimously recommended approval. Mr. Sobota outlined six specific requirements related to automobile repair and servicing in the I-1 and I-2 zoning districts, (See Ordinance No. 428 on file in the City Clerk's office) Councilmember Sindt asked the staff to identify any industrial zoned .areas, other than the area along I-35 and Airlake Industrial Park, that would be affected by this zoning amendment. Mr. Erickson explained that the staff examined all industrial zoned areas to determine whether the proposed use should be a permitted or conditional use. It was determined that all areas would comply as a permitted use because of the lack of impact on any neighboring properties. 91.7 Motion was made by Mulvihill, seconded by Ruhmann to adopt Ordinance No. 428 concerning .vehicle repair and service and open. and outdoor storage in the I-1, Limited Industrial, and I-2, General Industrial Districts. Roll call was taken on the motion. Ayes, .Harvey, Ruhmann, Zaun, Sindt, Mulvihill. ITEM 12 Mr. Erickson presented a real estate purchase agreement far property at 19980 Kenwood Trail. He .explained that the acquisition of .this .property is being prompted by the upgrading and widening of Trunk Highway 50, .which is slated for 1992, and the future extension of Inds Way northerly to the intersection of 185th Street and Ipava Avenue, which .will provide access to the .new high school.. He explained that the CITY OF LAKE~IILLE COUNCIL MEETING JANUARY 7, 1991 FAGS 8 City Council authorized an appraisal of the property, and the value was established at $63,000. The County Assessor, he explained, had the property on the books for $65,500, and a purchase price of $65,000 was negotiated with. the property owner, Ms. Gloria Hanson. Mr. Erickson went on to explain that the Minnesota Department of Transportation (MnDOT) has committed to paying 30% of the costs incurred by the City in the acquisition of the property, since MnDOT would save on necessary easements required to accommodate the reconstruction of Trunk Highway 50. Mr. Erickson .stated that the staff recommends purchase of the property for a net cost to the City of approximately $45,000, which would be taken out of the Public Works Fund. Councilmember Sindt pointed out that the acquisition is being. negotiated in a timely manner, since the renters have vacated the premises (no relocation expenses) and the real estate listing has expired. Councilmember Harvey pointed out a typographical. error on Page 9 of the Purchase Agreement. Mr. Erickson stated that the City Attorney has re-drafted the agreement to correct the typographical error and include wording that the current property owner is responsible for capping the well and satisfying themortgage at the closing. Councilmember Ruhmann asked how much of the estimated $45,000 the City could recover from the .sale of the buildings. Mr. Erickson explained that considering the cost of moving the buildings, the house and garage could net approximately $1,000 to $3,000. Mayor Zaun asked the staff to contact Dakota County for proper naming of the Indra Way street extension. 91.8 Motion was made by Harvey, seconded by Ruhmann to approve a Real. Estate Purchase Agreement between the City and Gloria L Hanson for the sale and purchase of land located at 19980 Kenwood Trail, with the correction on Page 9 and. additional. stipulations as outlined by Mr. Erickson. Roll call was taken on the motion. Ayes, Ruhmann, .Zaun, Sindt, Mulvihill, Harvey. ..ITEM 14 Mr. Feller presented the street light study and a resolution adopting the user fees associated with street lighting. He explained that the study supports a user service charge fee structure to finance current operating. expenditures for CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 1991 PAGE 9 street lighting. Mr. Feller outlined the purpose of the study as follows; 1) To validate the accuracy of existing street lighting records and power company charges; 2) to determine the equity of utility bi]ling to residents, business and industry; 3) to establish a concrete ..policy for placement, timing. of activation and responsibility for payment of power charges for street lighting; and 4) to .determine if .all benefactors of street lighting are being charged andJor if erroneous charges. are being made to those not receiving street lighting. Mr. Feller explained that the City hired a temporary employee (student.. intern) to assemble and examine in detail the .location of each street .light in the City and its relationship to benefited properties. Existing street light policies in neighboring communities were also studied. Mr. Feller outlined eleven recommendations for implementation of street lighting policies, (shown on Pages 19-20 of the :study,. which is on file in the City Clerk°s office). 91.9 Motion was made by Sindt, seconded by Ruhmann. to approve Resolution No. 91-07 acknowledging .receipt of the street Light study and establishing rates for 1991. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 15 91.10 Motion was made by Harvey, seconded by Mulvihill to re-appoint Jan Whittngham and Dennis Miller to the Planning .Commission for three year terms, which will expire on January 1, 1994. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 91.11 Motion was made by Mulvihill, seconded by Sindt to re-appoint Larry Lulf and Pat Messinger to the Parks & Recreation Committee for three year. terms, which will expire on January 1, 1994. Roll. call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, 5indt. 91.12 Motion .was .made by Sindt, seconded by Harvey to re-appoint Gary Anderson, Dale Guggemos and .Greg Stattman to the Cable TV Board for two year terms, which will expire on January 1, 1993. • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 1991 PAGE 10 Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. 91.13 Motion was made by Ruhmann, seconded by Sindt to re-appoint Jerry Erickson and James Emond to the Economic Development Commission for three year terms, which will expire on January 1, 1994. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ..91.14 Motion was made by Sindt, seconded by Ruhmann to table consideration of re-appointments to the Natural Resources Committee to allow the staff, Committee and Council time to review the possibility of forming a new committee by combining the Committee's current responsibilities to .include solid waste. Roll call was taken on the motion. Ayes, Zaun, Sindt, .Mulvihill, Harvey, Ruhmann. UNFIldISHED BIISINESS Councilmember Sindt asked about the status of the Ardmor storm shelter. issue, and the City Attorney had nothing new to report. NEW BIISINESS 91.15 Motion was made by Mulvihill, seconded by Ruhmann to appoint Daniel Hanlon to a vacancy on the Economic Development Commission for a three year term which will expire on January 1, 1994. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ANNOITNCEMENTS The City Administrator and Council discussed various future meetings. The : next regular council meeting is Tuesday, January 22, 1991. Mayor Zaun adjourned the meeting at 8:56 p.m. Respectfully submitted, CITY OF LAKE~IILLE COUNCIL MEETING JANUARY 7, 1991 PAGE 11 Charlene Friedges, City rk D ane Zaun, M i