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HomeMy WebLinkAbout09-17-90 i a CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 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 Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; K. Nelson, City Engineer; I J. Robinette, Community Development Director; D. Gudmundson, Chief of Police; D. Krings, Chief Building Official; ' D. Licht, Planning Consultant; L. Gustafson, Assessment Clerk; D. Morey, Assistant Community Development Director; Walt Hartman, TIF Consultant; C. Friedges, City Clerk. ' STAFF ANNOUNCEMENTS ' Attorney: None. Engineer: None. Administrator: None. Chief of Police: Chief Gudmundson presented the August Police Department monthly report. Parks & Recreation Director: Steve Michaud presented .the August Parks &.Recreation'Department monthly report. PRESENTATIONS/INTRODIICTIONS: None. CITIZENS' COMMENTS Mr. Louie Helkenn voiced his concern with the downtown crosswalk situation and suggested the Police Department consider a foot patrol in the downtown area. Mr. Ben Meledandri addressed the Council on behalf of MJC Aevelopment Corporation. and stated that MJC intends to submit a letter to the City requesting the termination of the County Road 70/I-35 land option. He explained that the firm is 'no longer interested in the Lakeville site for an amphitheater, ice .arena and athletic facility as a result of the recent approval of the amphitheater proposal by the City of Burnsville. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 2 i CONSENT AGENDA Councilmember Sindt removed Stem 6i, setting budget work session dates, from the consent agenda.. 90.240 Motion was made by Harvey, seconded by Sindt to approve the modified consent agenda as follows: a. Approve claims for payment. b. Receive minutes of the August 28th Economic Development Commission and September 5th Parks & Recreation Committee meetings. a Approve Resolution No. 90-100 establishing policy for the disposal of building permit plans. d. Approve storm sewer special. assessment agreement with Robert M. Plasch for property located at 192nd Street and Dodd Boulevard. e. Approval of temporary. easements for roadway and drainage • purposes .for Edward P. and Doris R. Vivant at 10139 165th Street. f. Approval of a sewer and water connection fee agreement with School District 194 for portable classrooms.. g. Approve a settlement agreement for Improvement Project 89-2, Rgnonti special assessments. h. Approve Resolution No. 90-108 receiving bids -for Improvement Project 90-4, trail fund improvements, and awarding a contract to the lowest responsible bidder. i. {Removed from the consent agenda) . j. Approve the vacation of Conditional Use Permit No. 88-14 for. outdoor rental and storage in the Southfork III Shopping Center. k. Approve Change Order No. 59 for city hall. 1. Receive quotes and .award contract to Friedges Landscaping in the amount _of $13,294.00 for storm sewer extension in Ridgeview 2nd Addition. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 3 Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 6I 90.241 Motion was made by Sindt, seconded by Mulvihill to set the budget work session dates and times as follows: October 22, 1990, 7:30 p.m.; October 29, 1990, 7:00 p.m.; November 14, 1990, 7:00 p.m. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. Mayor Zaun explained that public assessment hearings will be held for the following improvement projects; Project 90-2, sealcoating, .Project 88-19, Flagstaff Avenue, Project 89-4, Upper 164th Street and Project 89-7, Kingsley Cove. The City Clerk attested that public notices for all four hearings had been duly mailed to the affected property owners and published in the City's legal newspaper. Roger Knutson explained .that any property owner objecting to a proposed assessment must present a written objection to the . mayor or city clerk prior to the close of the public hearing. The property owner would have 30 days from the date the assessment roll is adopted in which to appeal their assessment to the District Court. ITEM 7 Mayor Zaun opened the public assessment hearing for sealcoating improvements, Project No. 90-2. Keith Nelson explained that the City's sealcoating program was established by the Council in 1986. The City was divided into seven sealcoating districts, and all streets are proposed to be sealcoated approximately once every seven years. Generally, streets less than three years of age are exempt from sealcoating. Mr. Nelson went on to explain that sealcoating is a preventative maintenance measure used to .extend the life of .bituminous pavement. The :application of aggregate and oil will help seal out .moisture, .protect the subgrade and help prevent older pavement from drying out and .prematurely deteriorating. A chip seal also adds abrasion and skid resistance to the pavement, making it safer to drive on under wet/icy conditions. The 1990 sealcoating project included portionsll of Districts. • 2, 4, 5 and 6. Mr. Nelson explained that Kenric~k Avenue was not sealcoated in 1988 because it had been constructed within the previous three years. Due to the present condition of Kenrick Avenue, it was sealcoated this year from Highway 50 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 4 to 162nd Street. Two streets were sealcoated in District 4, Laredo Path and Laredo Avenue. District 5 includes the northeast portion of Lake Marion and The Meadows. and Clays Acres areas. District 6 is the downtown area, with the exception of the streets ..that are included in the proposed storm sewer project scheduled for 1992. - The parking lots at the Senior Citizen Center and Fire Station No. 1 were added to the project .and financed by the City. A portion of Hamburg Avenue was sealcoated at the request of the Metropolitan Airports Commission (MAC), and those costs were financed by MAC. Kettering Trail and 175th Court were also added to the project and financed by the City. Mr. Nelson provided a cost summary for. the project as follows: Final construction cost, $148,303.20 Total. project cost, $173,418.04 Estimated project cost at the public hearing, $159,600.00 Total amount being assessed to property owners, $78,222.38. He explained that the. City's policy for sealcoating is to assess one-half of the cost to the benefitting property owners. The other half is paid for by the City. A single. • unit. assessment. in 1990 is $69.81, with one-half unit assessed to twin homes and one-quarter unit assessed to mobile homes and apartments. One unit. assessment is applied to undeveloped commercial property, and one and one-half times the residential rate is applied to developed commercial property for each 85 feet of front footage. Dennis Feller explained that all sealcoating property will be assessed for two years at 8.6a interest. Property owners can prepay any assessment. within the first 30 days without interest. Property owners who are 65 years of age or older can apply for a senior citizen. deferment. Property owners with 10 or more acres of agricultural land may apply to the County auditor's office for a green acres deferment. Questions and Comments: Mr. Robert N. Clark, 12033-205th Street, stated he felt the sealcoating near his house was done. poorly and asked if the project is put out for public bids. Keith Nelson explained that.a workmanship inspection is made. by the City .after the .project is completed. He further explained that the City participates with the Cities of Apple Valley .and Burnsville in the bidding. process. The mileage from the three cities is combined, which creates a larger project and reduces the unit costs. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 5 Mr. Richard Whittier, 8849-205th Street, stated he felt the work near his house was done poorly. Mr. Bill Erickson, 8450 Upper 206th Street, asked if the assessment appeals would alter the remaining assessments, and staff indicated that all assessments being- certified tonight are final, regardless of the outcome of appeals. Ms. Nancy Volz, 9681 Upper 205th Street, .asked how the City arrives at the sealcoating rate each year. She also questioned sealcoating of streets in the Meadows area where the property is still under development. Her concern was that those streets would need sealcoating sooner than the scheduled seven-year date as a result of heavy equipment traveling on them. Mr. Erickson explained that. the rate has varied each year with the price of .oil. Mr. Nelson explained :that the sealcoat protects the streets from. .moisture, regardless. of the amount of traffic. If there is a particular. problem .with construction .traffic, that will be handled between .the City and developer, since a residential homeowner in Lakeville will be assessed no more than once every seven year . • 90.242 Motion was made by Harvey, seconded by Ruhmann to close the public hearing. Time: 8:10 p.m. Mr. Erickson reiterated that any written .appeals must proceed to District Court within 30 days from adoption of the assessment roll. He pointed out that the legal cast of appealing, in this case, would probably exceed the assessment. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 90.243 Motion was made by Sindt, seconded. by Harvey to receive letters of objection from Robert N. Clark, 12033 205th Street, and Richard Whittier, 8849 205th Street. (Letters on file in the City Clerk's office). Roll call was taken on the motion. Ayes, .Harvey, .Ruhmann, Zaun, Sindt, Mulvihill. 90.244 Motion was made by Sindt, seconded by Harvey to approve Resolution No. 90-109 adopting the assessment for Improvement Project 90-2, with the exception of Robert. N. Clark and Richard Whittier, delete the assessment for Gerald Rendler, 10199 205th Court West, and. accept the recommendation of CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 6 s to the Andrea arcels 19710 Jerse taff assess James s p y Avenue, one unit subject to an administrative subdivision. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 8 Mayor .Zaun opened the public assessment hearing for Project 88-19, Flagstaff Avenue street improvements. Mr. Nelson presented the improvement project, which evolved from a petition to the City from the developer of the Dodd Ridge subdivision to pave Flagstaff Avenue from Dodd Boulevard south to the proposed Dodd Ridge plat. He explained that Flagstaff Avenue is on the Minnesota State Aid street system and was built wider than a typical 32 foot. residential street, with an eight foot trail on one side. The extra width and pavement thickness required to bring the street up to state aid standards is being financed through state aid funds. Mr. Nelson provided a cost analysis far the project, and explained that the total cost being .assessed is $154,341.92, based on 3,905 front feet at $38.00, .the 1989. state aid . assessment .rate. The City received a cash. escrow from the developments adjacent to Flagstaff Avenue, (Dodd Park, Dodd Ridge, Dodd Ridge Second Addition and Meadow Brook), for future .upgrading of streets in this project as part of their subdivision approval That amount came to $118,250.29. County funds, were also received for their portion of the project which amounted to $88,563.56, and state aid funds amounted to $157,865.49. Mr. Nelson explained that one change order was approved for the .project as a result of the Meadow Brook development. The developer requested a temporary surface be constructed on 170th Street from Flagstaff Avenue to the Meadow Brook plat. The County agreed to pay one-third of the $9,000 change order amount, and the Meadow Brook developer agreed to pay the remaining. two-thirds, with no additional assessments for this part of the project charged to other property owners. The Meadow Brook developer also placed a cash escrow on the future permanent upgrading of 170th Street based on the 1990 state ..aid assessment policy. Mr. Feller explained that the project is being assessed for 10 years at 8.8605% interest. Property owners may prepay their assessments, without interest, within 30 days. of adoption of the assessment roll. Mr. Feller explained the senior citizen deferment and green acres deferment policies. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 7 Questions and Comments: Mr. -John McBrien, attorney for Dale Harris, 6033 1?0th Street West, presented a .letter of objection to .the $47,910.72 assessment against the Harris .property and asked. the Council to consider the following points in regard to the assessment: 1. Mr. Harris is over 65 years of age; and he desires to be considered under a hardship deferment because his. property is not currently classified as green acres. 2. Mr. Harris is asking that his property be assessed as a rural equivalent, at the same rate as the developer was charged for 170th Street. 3. Mr. Harris understood at the initial improvement hearing that trailway assessments would only. be charged to property owners who live on the side of the street. where the trail has been constructed, and this seems to be turned around.. 4. Mr. Harris also understood at the initial. improvement hearing that no assessments would be charged to lots abutting Flagstaff Avenue that could. only be accessed, if developed, from the rear of the lot. He feels that. this property would not be accessible from Flagstaff Avenue. 5. Mr. Harris feels that his assessments should be deferred for at least 60 days to enable him to apply. .for green acres deferment. 6. Mr. Harris questions whether or not his property is developable. 7. Mr. McBrien stated that according to state statutes, Mr. Harris' assessments could be deferred until the property is developed. Mayor Zaun .asked the City staff to meet with Mr. and Mrs. Harris and .their attorney to discuss these issues and .make a recommendation to the Council at a future meeting. Counci].member Harvey raised a concern that the other property owners. involved in this project,. or .the citizens at large, may have to pick up the slack if a significant adjustment is made to the Harris assessment. Mr. Erickson stated that the staff shares that concern and will attempt to work out an agreement with the Harrises so that their portion of the.. project assessment .would. not directly burden them at this time. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 8 .90.245 Motion was made by Sindt, seconded by Mulvihill to close the. public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. Time: 8:37 p.m. 90.246 Motion was made by Harvey, seconded by Ruhmann to receive the. letter of objection from Dale F. Harris, 6033 170th Street West. (Letter on file in the City Clerk's office). Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. 90.247 Motion .was made by Harvey, seconded by Mulvihill to approve Resolution No. 90-110 adopting the assessment for Improvement Project 88-19, with the .exception of the Dale Harris :property.. at 6033 170th Street. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, 5indt. ITEM 9 Mayor Zaun opened the public assessment hearing for Improvement Project 89-4, sanitary sewer, watermain, storm sewer.-and street improvements to Upper 164th Street. There was no one present in the audience wishing to make comments on the proposed assessment. 90.248 Motion was made by Harvey, seconded by Sindt to close .the public hearing. 8:40 p,m. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. 90.249 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 90-111 adopting the assessment for Improvement Project 89-4, Upper 164th Street. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill, Harvey. ITEM 10 Mayor Zaun opened the public assessment hearing for Improvement Project 89-7, sanitary sewer, watermain, storm water drainage and. street improvements to Kingsley Cove. There was no one present in the audience. wishing to .make comments on the proposed assessment. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 9 .90.250 Motion was made by Harvey, seconded by Ruhmann to close the public hearing. 8:43 p.m. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. 90.251 Motion was made by Harvey, seconded by Ruhmann to approve Resolution No. 90-112 adopting the assessment for Improvement Project 89-7, Kingsley Cove. Roll call .was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Ruhmann, Zaun. RECESS The City. Council reconvened.. at 8:51 p.m. following a short recess. ITEM 11 Mayor Zaun opened the public hearing on the. .proposed modification of I-35 Redevelopment Project No. 1 and establishment of Tax .Increment Financing District No. 12 within I-35 Redevelopment Project No. 1. The City. Clerk attested that. the notice of hearing had been .duly published in the City's legal newspaper. Dennis Feller presented a proposed resolution which would establish Tax Increment Financing (TIF) District No. 12, the Lakeville Commerce Center property, and modify I-35 Redevelopment Project No. 1 by increasing the project redevelopment area of the existing TIF district that was created in 1984. He explained that the project .area is located along I-35 from approximately 1/2 mile north of County Road 64 to McStop. The modified project area would include a parcel of land located. immediately to the south of County Road 70 abutting Keokuk Avenue, which is contiguous to TIF District No. 12. Mr. Feller explained that the reason for creating TIF District No. 12 is to allow the City to write down .land costs for those parcels of property that are within the district. However, the developer must demonstrate to the City Council that development would not have occurred without ..tax increment assistance. He went on to explain that up to 25% of the increment can be used for improvements outside the district, such as upgrading the I-35/County Road 70 bridge and .debt service payments .for. the 1984. General: Obligation Water Revenue Bonds which were ..used to finance .the construction of the well (No. 7), pumphouse and water tower. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 10 0 Mr. Feller went on to explain that this economic development district will not exist for more than 10 years, during .which the City can only collect eight years of tax increment from it. Certain types of commercial development are excluded from this project, such as golf courses, country. clubs, massage parlors and sports facilities. The 1988 Tax Increment Law also states that no more than 25% of the development can consist of retail. food and beverage service, automobile sales or service, recreation and entertainment facilities. Mr. Feller explained that this TIF district is subject to the new laws concerning Local Government Aid (LGA) and Homestead and Agricultural Credit Aid (HACA). State aids to the City. would be reduced approximately 39% as a result of .the. district. The City can either levy for the loss of state aids or contract with the developer for repayment of a portion. of the tax increment assistance. According to .state statutes, the district will dissolve if no development takes place within three years from the date of certification. Mr. Bill Cooley, General Partner with .Lakeville Land Limited, explained that his firm purchased the subject property in • 1972 and has, since then, invested a .significant amount of money to prepare the property for development. Sewer, water, street and storm sewer improvements were all made at their expense He explained that their intention is to create a pure economic development district, with the increment being used to write down the cost of the land. He explained that he .appeared. before the state legislature and was granted an exemption to the new. law so that TIF can be used. on this district if it is created prior to September 30th. He further explained that his firm is merely asking the City, at this time, to establish the district so that a specific project can be brought before the City at a future date. Mr. Red Helkenn, 17805. Junelle Path, stated his opposition to tax increment financing. Councilmember Sindt asked if a portion of the increment from TIF District No. 12 -could be used to help finance the County Road 70 bridge. Mr. .Erickson explained that since the bridge. is scheduled for reconstruction in 1994, the City would miss the opportunity to collect .all of the increment from that district .for the City's share of the bridge improvement .costs. However, if the district progresses as outlined, it could help pay off the City's debt for infrastructure improvements to that intersection. He CITY OF LAKEVILLE COUNCIL MEETING SEFTEMBER 17, 1990 PAGE 11 ointed ou t p t tha the ..developer bears. all the costs for establishing the district and has .put up a $10,000 deposit, which the City has drawn upon to cover administrative and legal expenses associated with establishment of this district. Tax increment, he .added, is only for a :short duration of time; and all taxing jurisdictions reap the benefits at the end. 90.252 Motion was made by Sindt, seconded by Mulvihill to close .the public hearing.. Time: 9:14 p.m. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, Zaun, Sindt. 90.253 Motion was made by Harvey, seconded by 5indt to approve Resolution No. 90-113 approving a modification to I-35 Redevelopment Project No. 1 and .establishment of Tax Increment Financing District No. 12 (Lakeville Commerce .Center). to be located .within the Redevelopment. Project and approving and adopting a Modified Redevelopment Plan and Tax Increment Financing Plan relating thereto. Roll -call was taken on the motion. Ayes, Harvey, Ruhmann, Zaun, Sindt, Mulvihill. • ITEM 12 -David Licht explained that .this item involves. continued consideration of a 60 foot building setback variance from the Ordinary High Water Level {OHWL) of Kingsley Lake to allow construction of a single family residential dwelling on the north side of Klamath .Trail at 168th Street. Mr. Licht provided an analysis, as requested by the City Council on September 4th, of existing and potential development of property located on .Kingsley Lake: Kingswood Estates and Kingsley Cove were. built to eliminate previously substandard lots and have been effectively screened from the lake. Minimum. lot sizes in the YMCA property will be restricted, in the near future,. to 10 acres. The Dakota Restaurants (Chart House) property is an unplatted parcel, and all current zoning, shoreland and subdivision ordinance provisions will be applicable to any future subdivision of this parcel. Mr. Licht explained .that under.. the .newest DNR shoreland regulations currently: being developed for Lakeville, non-water oriented commercial uses must be set back. twice the required setback from the ordinary high water level. The area along County Road 5 lacks sufficient depth and lot area to provide.. a buildable. lot, and development should be prohibited in this .area. The lots CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 12 along County Road 44 Sternber ro ert are undevelo able ( g p p Y} p due to the lack of .lot area and depth to accommodate a building pad. A study was done in the early 1980's as to the possibility of extending sanitary sewer .and water to those properties, and it was .discovered that the lots could not support the high assessments. With or without public sewer,: these lots are highly substandard. Mr. Licht went on to explain that the Sternberg property which abuts the Barr property on the west contains a number of accessory buildings that exist as illegal non-conforming structures. Future development of this site is uncertain due to its unique configuration. The site has limited frontage on Kingsley Lake due to the platting of Outlot A in Kingsley Cove. Councilmember Mulvihill stated that because of the present commercial zoning of the property on which the Chart House Restaurant is located and the housing development. that is occurring around Kingsley Lake, the pristine condition of the lake has already been, and will continue. to be, interrupted. The applicant, Mr. Jeffrey Barr, stated he is willing to provide adequate screening of the house from .the lake and is .open to the Council's recommendations. • Counci.lmember Ruhmann suggested the applicant work with the City staff (if the variance is approved) to come up .with. an appropriate tree replacement plan. Mayor Zaun stated, in his opinion, a variance ..would still be required if the property had sufficient .depth because of the severe topography in that area, Based on topography,. he continued, it is legal for the City to grant a variance. Mr. Licht stated that although Mr. Sternberg has no vested rights on the Winston Street right-of-way, the City could require an easement to provide access to the -Sternberg .property as part of the variance. Roger Knutson pointed out that Mr. Sternberg has another access to his .property via Robert Street; however, the Council could place that stipulation in .the variance if they feel it is appropriate. Mr. Erickson further pointed out that Mr. Sternberg is .the original .owner of the Barr property, and he chose not. to maintain an access to his property at the time of sale. Councilmember Harvey .suggested that if the variance is approved, a revised findings of fact to .support that decision would be necessary to protect the City from future (similar} variance applications. It was agreed that the Council could consider the variance at this time and direct the City. Attorney to prepare. .findings of .fact. for the` Council's consideration at a future meeting. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 13 90.254 Motion was made by Sindt, seconded by Ruhmann to grant a ' 60 foot building setback variance from the ordinary high water level of Kingsley Lake to allow the construction of a new single family. residential dwelling on Lots 24 through 32, Block 26, Orchard .Lake Addition; and authorize the. City Attorney to prepare finds of fact to be considered. at the October 1st Council meeting. Roll .call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill.. Nay, Harvey. ITEM 13 90.255 Motion was made by Sindt, seconded by Mulvihill 'to approve Resolution No. 90-115 vacating a portion of Winston Street located in the Orchard Lake ..Subdivision. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Ruhmann. ITEM 14 Mr. Licht presented .the request. of Bradford and Audrey Johnson for a planned unit development conditional use permit to allow the construction of a 70-uni.t apartment complex located on the south side of Highway 50 just east of the School District 194 administrative building. The complex will consist of seven 10-unit apartment buildings, each with enclosed. garage space capable of accommodating 10 cars. There. will. be 12 .three-bedroom .apartment units, 50 two-bedroom units and 8 one-bedroom units. Concrete sidewalks in front of all of the apartment buildings and some- of the adjacent parking areas will provide. on-site pedestrian. circulation. A designated play area with playground equipment will be located on the property. Screened trash dumpsters for each apartment building will be located adjacent to outside parking areas. The existing buildings currently located on the property will be removed before grading can begin. Mr. .Licht explained that this application was previously tabled by the City Council. on August 21, 1989, because 1989 housing revenue bonds were not available for this project. The housing bonds are now available, and the project is ready to proceed. Mr. Licht went on to explain. .that the: :Planning Commission conducted a public hearing on this proposal at their February 15, 1990 meeting and unanimously recommended approval. A number of concerns were xaised by the Planning • Commission at that meeting, and the City staff .has been CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 14 workin with d g the eveloper to come up with a revised plan that reflects the Planning Commission's recommendations. Mr. Licht stated that the eight recommendations listed in the August 23, 1990, report prepared by .his office have all been satisfactorily addressed. Mr. Mark Ulfers, Executive Director of the Dakota County HRA, explained that in addition to housing revenue bands, tax increment financing assistance is also being provided. Terms would be equivalent to the Southfork development, with 65% of the TIF going to the project in years one through three and 50o in years four through ten. This project is also eligible for Community Development Block Grant assistance, because a portion of the units would be rented to low and moderate income families. In conclusion, Mr. Erickson stated that. the staff feels there is a significant need for affordable housing within walking distance. of downtown Lakeville and Airlake Industrial Park, and this development would help meet that need. 90.256 Motion was made by Harvey, seconded by Mulvihill to grant a planned unit development conditional use permit to Bradford. and Audrey Johnson for a multiple family residential development to be located at 8610 - 210th Street. West, subject to conditions as outlined in Mr. Morey's report dated September 13, 1990. (Report on file in the City Clerk's office) . Roll call was taken on the motion. Sindt, Mulvihill, Harvey, Ruhmann, Zaun. ITEM 15 Daryl .Morey presented the request of Weissmann Realty for final plat approval of Royal Woods First Addition, a 32 lot single family residential development located north of 210th Street and west of Jacquard Avenue. He stated that the plat is consistent with the previously approved preliminary plat and ordinance requirements. Stipulations regarding trail and tree preservation issues (the submission of a revised final plat and tree preservation plan) have been met by the developer. Mr. Morey explained that the Dakota. County Soil & Water Conservation District reviewed the final plat and recommended that the ponding area be constructed first in the grading of the site. The Natural Resources Committee recommended approval of the final plat, grading and tree preservation • plan subject to a fence .being placed around the drip line of the remaining trees and developers/builders obtaining the advice of a tree forester. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 17, 1990 PAGE 15 The Planning Commission recommended approval subject to .the implementation of Phase III following .Phase I to provide. additional access to the west portion of Phase I, and removal of the stock pile of excess material by July 1, 1991. The Parks & Recreation Committee recommended the construction of an eight foot wide trail on the south .side of the Royal Woods Pond (Outlot A). The committee further recommended that the existing tree. line located in the northerly part of the plat be maintained as much as possible. In closing, Mr. Morey stated that the staff recommends, as a condition of final plat approval, that the developer secure an easement or purchase the property over the portion of the proposed pond that lies within the Lake Marion Estates subdivision in an attempt to preserve .some of the trees that currently exist within the proposed pond, while retaining necessary ponding capacity. Councilmember Harvey questioned whether or not the developer would be able to meet this requirement. Mr. Ralph Wagner, engineer for the developer, explained that the owners of the Lake Marion Estates development have indicated a willingness to work with .the Wensmanns on this. matter and support the concept of developing the entire pond with the Royal Woods plat. Councilmember Sindt asked about potential soil and .water problems in this area, and Mr. Wagner explained that appropriate. storm sewer and drain file will be installed within .the development. 90.257 Motion was made by Sindt, seconded by Ruhmann to approve Resolution No. 90-114 approving the final plat of Royal Woods First Addition, subject to the developer securing. an easement or purchasing the property over the portion of the proposed pond that lies within the Lake Marion Estates subdivision. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann,. Zaun, Sindt. iJNFIlJISHED BIISINESS Mr. Erickson indicated that he and the City engineer met with Dennis Eyler of Sugar, Roscoe, Fausch .regarding the traffic study for B & S Tire. NBW BIISINESS The .Council discussed the concern raised by Mr. Helkenn under Citizens Comments .about the downtown crosswalk situation. • Staff will contact Mr. Helkenn with a response and place. an article in Messages regarding this matter. CITY OF LAKEVILLE COUNCIL MEETING. SEPTEMBER 17, 1990 PAGE 16 ANNODNCEMENTS Next Regular Council Meeting,. October 1, 1990. Mayor Zaun adjourned the meeting at 10:30 p.m. Respectfully submitted, Charlene Friedges, City erk Dua a Zaun, Mayo i •