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HomeMy WebLinkAbout04-21-97 CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 1997 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; B. Christensen, Fire Chief; D. Morey, Planner; C. Friedges, City Clerk. MINUTES The minutes of the April 7, 1997, regular Council meeting, the April 8, 1997, special Council meeting and the April 2, 1997, Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson asked the Council to consider setting a work session under New .Business. CHIEF OF POLICE: Chief Martens presented the March Police Department monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the March Parks & Recreation Department monthly report. PRESENTATIONS/INTRODUCTIONS Mr. Michaud introduced the new Senior Center Assistant, Charlotte Hoger. Fire Chief Christensen introduced six firefighters who recently completed their . two year probationary period. Mayor Zaun presented badges to the new firefighters. CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 1997 PAGE 2 C!TlZENS' COMMENTS None CONSENT AGENDA Councilmembers removed item 7t from the consent agenda. 97.77 Motion was made by Holberg, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. March Investment Report. c. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, April 1st Parks & Recreation Committee, April 2nd Planning Commission, April 3rd d. Resolution No. 97-83 accepting donations from Domino's Pizza, Lakeville Sanitary Service, Inc. and Quality Waste Control, Inc. for Community Clean-up Day. e. Resolution No. 97-84 approving the 1997 park dedication fund budget. f. Architectural agreement with Tushie Montgomery Associates for Liquor Store No. 4. g. Construction management agreement with Bossardt Corporation for Liquor Store No. 4. h. Resolution No. 97-85 accepting donation from the Lakeville Senior Club to the Lakeville Senior Center. i. Resolution No. 97-86 amending Resolution No. 96-218 establishing rules and rental fees for use of city park facilities, buildings and property. j. Grant of Permanent Easement for administrative subdivision of property along Dodd Boulevard and Well No. 12 collection pipe, Improvement Project 96-10B. • CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 1997 PAGE 3 k. Approval of a 3.2% malt liquor license for the Lakeville Lions Club for five events at Aronson Park. I. Tree service operator licenses with Asplundh Tree Expert Company, Tree Masters and R & R Tree Experts. m. Agreement between City of Lakeville and Independent School District No. 194 for donation of retired video equipment. n. Resolution No. 97-88 amending the Employee Handbook for continuation of insurance upon reduction of an employee's hours of employment, termination of employment or other qualifying event. o. Resolution No. 97-89 authorizing establishment of an all-way stop control policy. p. Resolution No. 97-90 receiving bids and awarding contract for construction of Lift Station No. 7, Improvement Project 95-10. q. Resolution No. 97-91 receiving bids and awarding contract for Well No. 12 collection pipe and King Park irrigation pipe, Improvement Project 96-10B. r. Real Estate Purchase Agreement and Waiver of Relocation Benefits with Stephen Y. and Gail Johnson, 12265-175th Street West. s. Resolution No. 97-92 vacating all highway, street, road or right-of-way interests held by the City of Lakeville on property located near the northwest corner of CSAH 5 and Klamath Trail. t. (Removed from consent agenda). Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 7T Mr. Sobota presented the application of Trinity Evangelical Free Church for a minor variance to allow the construction of a 12 foot tall free-standing sign at 16165 Kenwood Trail. He explained that the variance is justified due to the hardship created by right-of-way acquisition for the County Road 5 and County Road 46 intersection. CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 1997 PAGE 4 97.78 Motion was made by Johnson, seconded by Mulvihill to adopt the Findings of Fact and Recommendation and grant a minor variance to Trinity Evangelical Free Church to allow afree-standing sign height greater than eight feet at 16165 Kenwood Trail. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 8 Mayor Zaun opened the public hearing on the proposed modification of Airlake Redevelopment Project No. 1 and establishment of Tax Increment Financing District No. 17 within Airlake Redevelopment Project No. 1. The City Clerk attested that the legal notice was duly published. Mr. Dave Owen, representing Di-Hed Yokes, Incorporated, introduced representatives of his firm and indicated they would be available to respond to any questions regarding their proposed project at the northwest corner of Holyoke Avenue and County Road 70. (Mr. Sobota incorporated Agenda Item #9 in his presentation.) Mr. Sobota provided an overview of the proposed creation of 15-year renewal and renovation district, Tax Increment Financing District No. 17, which would provide the financing for acquisition of parcels currently containing substandard buildings and other debris. The City would purchase approximately 7.6 acres of land and provide the land to Di-Hed Yokes, Incorporated, as an incentive to construct a high quality corporate headquarters/high-tech manufacturing facility. The tax increment from Di-Hed Yokes would be pledged to the retirement of the debt. Mr. Sobota explained that the property would be rezoned from PUD to I-1, Limited Industrial District, which is consistent with the property to the east and south and the City's Comprehensive Plan. Community Development Block Grant Funds are available to finance the extension of watermain along Holyoke Avenue from McGuire Jr. High to County Road 70. The watermain along County Road 70 will be financed from the water trunk fund. The property being purchased must be cleared of all structures and debris on or before May 1, 1997. A $75,000 escrow is being withheld to ensure that the site is cleared. The proposed preliminary and final plat involves the platting of three metes and bounds described parcels and part of a fourth into Lot 1, Block 1, DHY Addition. Mr. Sobota explained that platting of the property assures that there are no unresolved title issues. The Contract for Private Redevelopment provides that the City will construct a lateral extension CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 1997 PAGE 5 to the west lot boundary of the DHY Addition. Staff is recommending the City Council authorize OSM to prepare plans and specifications for the utility extensions. There were no comments or questions from the audience.. 97.79 Motion was made by Johnson, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. 97.80 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 97-93 approving and adopting a modification to Airlake Redevelopment Project No. 1, establishment of Tax Increment Financing District No. 17, and approval and adoption of the modified redevelopment plan and tax increment financing plan relating thereto. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. 97.81 Motion was made by Mulvihill, seconded by Holberg to approve Resolution No. 97-94 approving $530,000 of General Obligation Tax Increment Financing Debt. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ITEM 9 97.82 Motion was made by Sindt, seconded by Mulvihill to approve the following documents associated with the DHY Redevelopment Project: • Real Estate Purchase Agreement with Michael H. Giles and Anne Giles; • Ordinance No. 599 rezoning property from PUD, Planned Unit Development, to I-1, Limited Industrial District; • Resolution No. 97-95 approving the preliminary and final plat of DHY Addition and the conveyance of real property pursuant to a Contract for Private Redevelopment; • Contract for Private Redevelopment between the City of Lakeville and Di- Hed Yokes, Incorporated; • CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 1997 PAGE 6 • Resolution No. 97-87 authorizing preparation of plans and specifications for County Road 70 utility extensions, Improvement Project 97-16, and Holyoke Avenue watermain extension, Improvement Project 97-17. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEMS 10-11 Mr. Mike Olson, representing Landstar Group, Inc., requested Council approval of the preliminary plat of Orchard Hills 1st Addition and Orchard Hills 2nd Addition. Mr. Morey presented the plat. of Orchard Hills 1st and 2nd Additions, which consists of a total of 15 single family lots located near Judicial Road, north and west of Orchard Lake. The preliminary and final plat of Orchard Hills 1st Addition and cul-de-sac street length variance was requested by a different developer in 1995 and unanimously approved by the Planning Commission and City Council. However, those approvals lapsed, because that developer • did not record the final plat within 100 days of City Council approval. The design of the Orchard Hills 1st Addition submitted by Mr. Olson is the same as the previously approved design. Mr. Morey explained that Orchard Hills 1st Addition includes a variance request to allow a cul-de-sac street in excess of 500 feet in length. Due to the environmental sensitivity of the area, it was determined that a cul-de-sac street would have less environmental impact than a through street. A lot width variance is being requested for Lot 1 in Orchard Hills 2nd Addition, also due to environmental sensitivity. Mr. Morey pointed out that the average proposed lot size in both additions is approximately one acre, excluding steep slopes in Lots 1 and 2. Staff feels that both variances are justified. Mr. Morey explained that the Planning Commission did not adopt the Findings of Fact and Recommendation for the cul-de-sac street length variance for Orchard Hills 1st Addition, due to a tie vote on the variance request. Mr. Knutson explained that the City Council could take action on the preliminary plat and variance this evening, and direct staff to prepare findings of fact and recommendation, consistent with their decision, for adoption at the next City Council meeting. Mayor Zaun asked about the issue of on-street parking along a portion of Judicial Road. Mr. Morey explained that some of the neighborhood residents CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 1997 PAGE 7 expressed concerns at the public hearing in regard to safety along the curved portion of Judicial Road. Planning Commission ex-officio member Lieutenant Bellows also expressed concern with safety in that area, and the Planning Commission recommended that staff review the possibility of installing no- parking signs along one side of the street. Councilmember Sindt asked if the property would. be consistent with the neighborhood if it is rezoned from R-A to R-1. Mr. Morey stated it would be consistent with the neighborhood and also with the urban service area. Mayor Zaun asked about grading of 167th Street on the Scott County side, and whether turn-around movements of the road grader will damage the City's blacktop portion of the street. Mr. Erickson stated staff will research this matter and report back to the City Council when the final plat is brought forward. 97.83 Motion was made by Johnson, seconded by Sindt to approve the preliminary plat of Orchard Hills 1st Addition and a cul-de-sac street length variance for Lions Court, and direct staff to prepare Findings of Fact and Recommendation for approval of the variance to be considered by the City Council at its May 5th meeting. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. 97.84 Motion was made by Holberg, seconded by Johnson to receive the Planning Commission's Findings of Fact and Recommendation and approve the preliminary plat of Orchard Hills 2nd Addition, Ordinance No. 600 rezoning the property from R-A to R-1, and a lot width variance for Lot 1, Block 1. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 12 Mr. Gary Wollschlager, Tollefson Development, Inc., requested Council approval of the preliminary plat of Cherryfields and a variance to allow a cul-de- sac street length greater than 500 feet. Mr. Morey presented the preliminary plat, which proposes the development of 22 single family residential lots on the east side of Highview Avenue at 175th Street. He explained that a small triangular shaped portion of the subject • property is currently zoned R-A. This parcel was recently purchased by the CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 1997 PAGE 8 City for the 175th Street extension. The City will trade the portion of this parcel that is included. in Lots 13-16, Block 3, with Tollefson Development for Outlot A in the Cherryfields final plat to help facilitate the construction of 175th Street . The triangular shaped parcel will be rezoned from R-A to R-2, consistent with the proposed Cherryfields development. Mr. Morey explained that the existing adjacent single family homes prohibit extending Hibiscus Court to the north or east, and spacing guidelines on 175th Street prohibit extending Hibiscus Court to the south. Thus, the length of the proposed cul-de-sac street is unavoidable. Councilmember Johnson asked if this development will impact drainage into the back yards of the abutting neighborhood. The Assistant City Engineer indicated that the developer has met with the abutting homeowners, and it appears that the drainage problem will be resolved to everyone's satisfaction. 97.85 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve the preliminary plat of Cherryfields and a cul-de-sac street length variance for Hibiscus Court. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt, ITEM 13 Kevin Raun, ALF Ambulance Director, presented an agreement with Dakota County for use of seat belt funds for pre-arrival emergency medical instructions. He showed a short video which explained that Emergency Pre- Arrival Instruction (PAI) programs offer callers for emergency medical assistance the ability to receive critical telephone instructions on how to deaf with a specific medical emergency before the arrival of responding units. He explained that the PAI Program being recommended by the PAI Committee is proposed to be a partnership between public and private systems. The six Dakota County Primary Service Answering Points (PSAP) cities would enter into an agreement with HealthEast Transportation. Dakota County has agreed to pay the cost of the service for up to one year through the use of seat belt funds. The County will then reevaluate the economics and program viability for continued funding. At this time, Mr. Raun requested Council approval of an agreement with Dakota County for the use of seat belt funds. 97.86 Motion was made by Mulvihill, seconded by Sindt to approve an Agreement Between the County of Dakota and Cities for use of Seat Belt Funds for Pre- Arrival Emergency Medical Instructions. CITY OF LAKEVILLE COUNCIL MEETING APRIL 21, 1997 PAGE 9 Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. UNFINISHED BUSINESS None. NEW BUSINESS 97.87 Motion was made by Johnson, seconded by Sindt to set. a Council work session for Wednesday, April 30, 1997, at 5:00 p.m. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ANNOUNCEMENTS: Next regular Council meeting, May 5, 1997. Respectfully submitted, Charlene Friedges, Ci Clerk Du ne Zaun, May