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HomeMy WebLinkAbout05-04-87 . ` } CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1987 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 Nelson, Enright, Sindt, Harvey and Mayor Zaun. Also present: Roger Knutson, City Attorney; Darrell Schneider and Daryl Zuelke, Consulting City Engineers; James Robinette, Community Development Director; Dan Crowell, Liquor Stores Manager; Rich Rader- macher, Chief of Police; Patrick McGarvey, City Administrator/Clerk. Staff announcements: The City Administrator advised the council of receiving the 1986 annual police report under Other Business. Citizen comments: There were none. Consent agenda: Councilmember Sindt removed approval of the April 20th council meeting minutes from the consent agenda, as there needed to be corrections. 87.184 Motion was made by Harvey, seconded by Nelson to add to the consent agenda item 21a, receipt of the 1986 annual report from the Police Department. Roll call. was taken on the motion. Ayes, Nelson., Zaun, Enright, Sindt, Harvey. 87.185 Motion was made by Enright, seconded by Harvey to approve the consent agenda as amended. (Council Agenda attached hereto is incorporated by reference and specifically made a part hereof . ) Roll call was taken on the motion.. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Councilmembers Sindt and Harvey pointed out corrections that needed to be made in the draft of the April 20th council minutes, which were noted by the. administrator. 87.186 Motion was made by Harvey, seconded by Sindt to approve the council meeting minutes of April 20, 1987, as amended. Roll .call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. Councilman Harvey discussed with the staff a notation in the Natural Resources Committee minutes of April 21st on the lack of erosion control compliance by Mr. Grohoski in his developments. • CITY OF LAKEVILLE COUNCIL MEETING * ~ MAY 4, 1987 87.187 Motion was made by Harvey, seconded by Nelson to receive the Natural Resources Committee minutes of April 21, 1987. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. The staff advised the council that the matter would be placed in the hands of the City Attorney for appropriate legal action to assure compliance under the terms of the old development agreement standards. 87.188 Motion was made by Harvey, seconded by Sindt to table authorizing the engineering consultant to prepare environmental assessment worksheets on the Lakeway Park and Goff PUD's until the City has received the deposit of funds necessary to cover the costs of the E.A.W. and then have the matter placed back on the council agenda for authorization to proceed. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time Mayor Zaun opened the public hearing on the proposed improvement of 165th Street extension east of Ipava Avenue to Highview Avenue, Project 87-4. The City Clerk attested to the proper legal notice. Daryl Zuelke presented slides showing the location, scope and costs of the proposed improvement project. Mr. Zuelke explained that the improvement of 165th Street east of Ipava Avenue is proposed for one or two phases, or possibly more. The estimated cost of the first phase is $274,300. Thee total estimated project cost of $1,094,400 for the utility and street improvements is from Ipava Avenue to Highview Avenue. The council reviewed the merits of putting it all in at once or phasing it, depending on the bids received for a larger project and taking into account the rest of the property owners' development schedule. The City Clerk presented the assessment policy of the City which would be for a period of up to 20 years for land not being considered for development and up to a maximum of 10 years for land being developed. The estimated rate of interest at this time in 1987 was seven to nine percent. There was no one present wishing to comment or ask questions on the project. The council members asked if the developers would be required to escrow funds for the future improvement of County Road 46 or Highview Avenue where their plats abut those roads, and the answer was that the development agreements require the escrowing of future highway or arterial improvement costs. 2 ' i CITY OF LAKEVILLE COUNCIL MEETING ' MAY 4, 1987 87.189 Motion was made by Harvey, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. The City Council discussed the merits of taking bids on the entire proposed improvement at this time. The City Administrator suggested that the bidding documents be set up so that the alternates could be obtained on a phase one project or the total project. 87.190 Motion was made by Sindt, seconded by Harvey to adopt Resolution No. 87-48 ordering project 87-4 for 2,900 feet east of Ipava Avenue for phase one. After further discussion on the merits of at least taking bids on the entire project, the maker and second of the motion withdrew them. 87.191 Motion was made by Sindt, seconded. by Enright to adopt Resolution No. 87-48 ordering the entire project of 87-4 from Ipava Avenue to Highview Avenue with two alternates, which would cover only a phase one part of the work or the entire project. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Nelson. Nays, Harvey. Harvey voted "No" because he did not feel the project is warranted for the entire length at this time over to Highview Avenue. 87.192 Motion was made by Harvey, seconded by Sindt to call a public hearing for the Planning Commission meeting of June 4, 1987, to consider the vacating of Ionia Avenue from Ipava Avenue to 162nd Street at such time as 165th Street is constructed far enough east of Ipava Avenue to provide road access to the one existing dwelling unit on the north side of 165th Street. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Mayor Zaun opened the public hearing on the proposed public improvement project 87-5 to provide utility and street improve- ments to property at the north end of Holyoke Avenue for the Cottages of Lakeville and for sidewalk and curb and gutter improvements between Upper 206th Street and 202nd Street. The City Clerk attested to the proper legal notice for the hearing. The Mayor called upon the City .Administrator to advise everyone present of the status of the Cottages of Lakeville project. The City Adminis- trator advised that the developer is not presently satisfied with the amount of funds the City proposes to use from the proceeds of the tax increment bond sale to invest in the six acre Cottages of Lakeville 3 r CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1987 property and improvements to it. It was pointed out that unless the 64 dwelling unit project moves ahead, there would be no tax increment to facilitate the need for the public improvements or to subsidize the costs of the curb and gutter and sidewalk improvements proposed between Upper 206th Street and 202nd Street. The City Administrator advised those present that the developer had indicated a desire to meet with the City staff during the week of May 4th to the 9th to further discuss the project. Mr. Zuelke presented slides showing the location, scope and cost of the various components of the improvement project. Mr. Zuelke indicated that the proposed improvements included replacing the existing sidewalk along Holyoke from Upper 206th Street to 205th Street with new five foot wide concrete sidewalk on each side of Holyoke Avenue and to extend a new five foot wide concrete sidewalk from 205th Street to 202nd Street on the west side of Holyoke Avenue. Mr. Zuelke showed a map indicating the areas where the City would need some additional easements to accommodate the improvements. Mr. Zuelke then showed an exhibit giving the estimated assessment cost to the property owners located between Upper 206th Street and 202nd Street. The City Administrator advised those present that the tax increment project of the Cottages of Lakeville would allow the City to assess the curb and gutter improvement between Upper 206th Street and 205th Street at a rate of $10 per foot and the sidewalk improvements between Upper 206th Street and 202nd Street at $7.52 per front foot, which is far below the actual cost for the improvements. It was pointed out that the estimated rate of interest would be seven to nine percent, depend- ing upon the bond market conditions when the bonds are sold for the project. Mrs. Steberg addressed the City Council and raised concern about why the sidewalk was being placed on the west side of Holyoke Avenue where it would have to cross the right turn lane on Highway 50. She also brought a letter from Dick Cross raising concerns about potential damage to shrubbery and trees. 87.193 Motion was made by Harvey, seconded by Sindt to receive the letter written by Dick Cross from Mrs. Steberg. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. Other citizens present raised questions concerning the cost of the project and timing of it and whether or not the tax increment financing would, in fact, be required before the project would be ordered in. The mayor explained that unless the tax increment financing is forth- coming to assist the City in paying for these proposed improvements, there would be no improvements made. 4 ' • CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1987 It was decided to continue .the public hearing to allow the staff to meet with the developer of the Cottages of Lakeville and report back to the council at a future meeting as to whether or not that project will proceed ahead to construction. 87.194 Motion was made by Enright, seconded by Harvey to continue the public hearing on project 87-5 until no later than the June 15, 1987, council meeting, with the understanding that whichever future council agenda it is placed on, mailed notices will once again be sent to the effected property owners in advance of the meeting. .Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time, Mayor Zaun declared a five minute recess in the council meeting. The mayor reconvened the council meeting and took up consideration of the preliminary plat approval of Trotter's Ridge located on the south side of County Road 46 proposed by Trammel Crow Company. Discussions centered on the affect of the. future relocation. of Highview Avenue on three lots and whether or not with the additional right-of-way required for Highview Avenue they would be acceptable lots. The engineers for the developer and the City discussed the matter. 87.195 Motion was made by Harvey, seconded by Nelson to table consideration of approval of the preliminary plat of Trotter's Ridge addition until the May 18th meeting to allow the developer and staff to work out the necessary planning along the future right-of-way of Highview Avenue as it affects the platting of lots. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. At this time, Mr. Frank Kriz presented the preliminary plat and concept plan for the Walnut Ridge addition proposed at the southeast corner of Ipava Avenue and 165th Street. Mr. Kriz pointed out that the prelimi- nary plat for phase one is for the first 86 lots in the 180 acre area. Mr. Kriz indicated that due to soil conditions in the plat, .there may need to be a revision of the plat in that area before preliminary plat approval is requested. 87.196 .Motion was made by Enright, seconded by Harvey to approve the prelimi- nary plat of Walnut Ridge for Phase One consisting of 86 lots at the southeast corner of 165th Street and Ipava Avenue. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. Mr. Larry Frank was present from Meritor Development Company to present the final plat of Bluebill Bay Estates. 5 • CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1987 87.197 Motion was made by Enright, seconded by Nelson to adopt Resolution No. 87-49 approving the final plat of Bluebill Bay Estates and authorizing the mayor and clerk to execute the deve lopment agreement, and approv- ing a minor comprehensive plan amendment to include the plat in the 1990 Urban Service Area of the City. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, .Nelson, Zaun. At this time Mr. Frank presented the final plat for the replatting of part of Foxborough 2nd Addition into Foxborough 3rd Addition and a request to rezone the replatted area from R-4 to R-3. .The Council discussed the merits of rezoning the property from R-4 to R-3 or R-2. Councilman Harvey raised concerns as to where to draw the line on limiting the westward expansion of R-3 size .lots, and Mayor Zaun pointed out some figures on the recent home construction on the R-3 lots compared to R-2 homes built in the same area. 87.198 Motion was made by Sindt, seconded by Nelson to adopt Resolution No. 87-50 approving the final plat of Foxborough 3rd Addition and to adopt Ordinance No. 314 rezoning the property from R-4 to R-3. Roll call was taken on the m ti n A es Sindt Nelson Z un Enrilh 0 0 y , , a , g t. Nays, Harvey. Harvey voted against the motion because of the R-3 zoning involved. At this time Mr. Larry Frank presented the request for a grading permit for the Chapel Hill Addition. 87.199 Motion was made by Enright, seconded by Nelson to approve a grading permit and agreement for the Chapel Hill grading to proceed. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt. Nays, Harvey. 87.200 Motion was made by Nelson, seconded by Enright to table approval of the final plat and development agreement for .the Crystal Ridge Estates plan located north of 165th Street at the request of the developer, as they are not ready for final approval. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. At this time Mr. Scott Johnson appeared to present the request for a grading permit for the Lynwood South Addition. 87.201 Motion was made by Enright, seconded by Nelson to approve a grading permit and agreement for Arcon Development to grade the Lynwood South Addition. 6 • ~ • CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1987 Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. At this time, Mr. Dick Jensen presented the site plan and request for a conditional use permit and variance from MGB Enterprises for the Lakeville Superette property development at the corner of Dodd Boule- vard and Highway 50. A letter from the Minnesota Department of Transportation was presented indicating their preliminary approval to the revised existing driveway entrance and exit on Highway 50 and indicated that the department would allow it to continue the recon- struction as drawn by the highway department. 87.202 Motion was made by Harvey, seconded by Nelson to approve the condi- tional use permit for MGB Enterprises to expand the gasoline service installation at the Lakeville Superette as per their proposed plan, and to approve a variance on the setback of the curb as requested. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 87.203 Motion was made by Nelson, seconded by Sindt to extend the council meeting beyond 10:30 p.m. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. At this time Mayor Zaun opened the public hearing on the establishment of Tax Increment Financing District No. 3 within Redevelopment Project No. 1, consisting of the Cottages of Lakeville and D.K.M. Enterprises parcels. The City Clerk attested to the proper legal notice. The City Administrator advised the council of the tax increment financing as it pertains to the Cottages of Lakeville and the profes- sional office building proposed by D.K.M. Enterprises on Parcel A of the Despatch Industries property in downtown Lakeville. He pointed out that if the Cottages of Lakeville does not proceed for final approval, the documents for the tax increment financing plan have been revised by the legal staff to pertain strictly to the D.K.M. Enterprises part of the project, and they have been presented to the council. There was no one present wishing to ask questions or make comments on the project. 87.204 Motion was made by Enright, seconded by Nelson to close the public hearing for the D.K.M. Enterprises T.I.F. project and continue the hearing on the Arkell Cottages of Lakeville T.I.F. project. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. 7 ' t CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1987 87.205 Motion was made by Enright, seconded by Sindt to approve Resolution No. 87-51 approving the tax increment financing plan as it pertains to the D.K.M. Enterprises project, continuing for a future meeting considera- tion of approval of the Cottages of Lakeville tax increment financing plan. Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 87.206 Motion was made by Sindt, seconded by Harvey to reject the bids for purchase of equipment for off-sale liquor stores one and two and authorize a purchase order to be issued in the amount of $6,200 to relocate the existing cooler and ice machine at liquor store number one in downtown Lakeville over to the new off-sale liquor store number one. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Zaun. Nays, Nelson. Nelson voted "No" because he had not received information he had requested concerning the value of the existing cooler if left in the downtown liquor store when it is sold. 87.207 Motion was made by Enright, seconded by Sindt to approve the proposal from Albers and Associates for computer software enhancements for the special assessment system for the City of Lakeville record keeping. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 87.208 Motion was made by Enright, seconded by Nelson to authorize and direct the staff to prepare rules for the conduct of council meetings. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. 87.209 Motion was made by Enright, seconded by Harvey to receive the letter of resignation from Robert Klamm from the Planning Commission .effective May 10, 1987. Roll call was taken on the motion. Ayes, Nelson, Zaun, Enright, Sindt, Harvey. The City Council then interviewed Mr. Whitey Whitehouse for considera- tion of appointment to the Planning Commission. 87.210 Motion was made by Harvey, seconded by Sindt to appoint W.L. (Whitey) Whitehouse to the Planning Commission effective May 10, 1987, for the remainder of the term held by Robert Klamm to expire on January 1, 1990. 8 ' CITY OF LAKEVILLE COUNCIL MEETING MAY 4, 1987 Roll call was taken on the motion. Ayes, Zaun, Enright, Sindt, Harvey, Nelson. 87.211 Motion was made by Nelson, seconded by Enright to approve a development agreement with North Creek Mobile Home Park .development for Phase II, subject to the City Administrator being present at the closing to receive the necessary financial payments required in the development agreement. Roll call was taken on the motion. Ayes, Enright, Sindt, Harvey, Nelson, Zaun. 87.212 Motion was made by Harvey, seconded by Nelson to set a special council meeting for May 13, 1987, at 7:00 p.m. at city hall to canvass the results of the May 12, 1987, bond referendum. Roll call was taken on the motion. Ayes, Sindt, Harvey, Nelson, Zaun, Enright. 87.213 Motion was made by Nelson, seconded by Enright to adjourn the council meeting. Roll call was taken on the motion. Ayes, Harvey, Nelson, Zaun, Enright, Sindt. Time.: 11:30 p.m. Respectfull sub 'tted, Patrick E. McGarvey, City Clerk Du ne Zaun, May. r 9 CITY OF LAKEVILLE AGENDA COUNCIL MEETING MAY 4, 1987 .7:00 P.ri. Call to order. Plag pledge. 1. Roll call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3. Citizen comments. 4. Consent agenda. a. Approval of the minutes of the April 20, 1987, council meeting. b. Approval of the claims for payment. c. Receive the minutes of the following advisory committee. meetings. Planning Commission, April 16 and 30, 1987 Natural Kesources Committee, April 21, 1987 Park and Recreation Committee, April 15, 1987 Cable T.V. Board, April 21, 1987 d. Approval of the E.A.W. and negative declaration for Chapel Hi11 and Cedar Glen plats. (Resolution 4~$7-42) e. Approval of the E.A.W. and negative declaration for Lynwood North and South plats. (Resolution #87-43) f. Receive feasibility study for proposed sanitary sewer and drainage improvements to Walnut Ridge plat (87-i1) and schedule a public hearing. (Resolution X87-44) g. Resolution calling a public hearing on Arden International Kitchens. Tax Increment Economic District for May 18, 1987.(Resolution X87-45) h. Receive feasibility study for 1987 seal coating program and schedule a public hearing (87-8). (Resolution 4187-46) i. Receive bids and recommendation to award contract for improvement project 86-3, 165th Street and utilities near Rolling Oaks. (87-47) j. Authorize feasibility study for proposed. utilities to service the Lynwood North plat. - • R k. Authorize E.A.W. for Lakeway Park PUD. 1. Authorize E.A.W. for Goff PUD. m. Authorize feasibility study for streets and utilities along 185th Street from Highway 50 to Interstate 35. 5. Public hearing on proposed improvement for .165th Street extension east of Ipava Avenue, improvement project 87-4. a. Attest to the legal notice. b. Presentation of the project. costs. c. Questions and comments. d. .Motion to close, or continue, the hearing. e. Resolution approving, or denying, the project. f. Authorize calling a public hearing to vacate _Ionia Avenue from corner of 165th Street and Ipava to 162nd Street. 6. Public hearing on Cottages of Lakeville and Holyoke Avenue improvements, project 87-5. a. Attest to the legal notice. b. Presentation of the project costs. c. Questions and comments. d. Motion to close, or continue, the hearing.. e. Resolution approving, or denying, the project. 7. Approval of the preliminary plat of Trotter's Ridge. located south of 160th Street. 8. Approval of the preliminary plat of Walnut Ridge located east of Ipava Avenue and south of 165th Street. 9. Approval of the final plat and development agreement for Bluebill Bay Estates. 10. Approval of the final plat of Foxborough 3rd Addition and ordinance rezoning from R-4 to R-3. 11. Approval of the preliminary plat and grading permit for Chapel Hill Addition. 12. Approval of the final plat and development agreement for Crystal Ridge Estates located north of 165th Street. 13. Approval of a grading permit for Lynwood South Addition. 14. Approval of a conditional use permit for MGB Enterprises for expanded gas pumps at Highway 50 and Dodd Boulevard and a variance to allow a curb on the property line in front of the pumps. 2 e . 15. Public hearing on the proposal to establish Tax Increment Financing District #2 within Redevelopment Project 4~1 on the Cottages of Lakeville and D.K.M. Enterprises projects. a. Attest to the legal notice. b. Presentation of the T.I.F. projects. c. Questions and comments. d. Motion to close the public hearing. e. Resolution approving the establishment of T.I.F. 4{2 within Redevel- opment Project 4~1 as established by the H.R.A. 16. Receive bids and staff recommendation on the purchase of equipment for off-sale liquor stores one and two. 17. Approval of a proposal from staff and Albers Associates, Inc. for development of a special assessment system. 18. Authorize the staff to prepare proposed rules for the conduct of council meetings. 19. Interview candidates for appointment to a vacancy on the Planning Commission. a. Appointment to the Commission. 20. Approve development plan and agreement for North Creek Mobile Home Park, Phase II. 21. Any other business. a. Police Department 1986 annual report. 22. Adjourn. 3