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HomeMy WebLinkAbout03-02-98 CITY OF LAKEVILLE COUNCIL MEETINCa MARCH 2,.1998 The meeting was called to order at 7:00 p.m. by Acting Mayor Sindt. The pledge of allegiance to the flag was given. Rolf call was taken. Present: Councilmembers Ryan, Sindt, Mulvihill and Holberg. Absent: Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; C. Friedges, City Clerk. MINUTES The minutes of the February 17, 1998, City Council meeting were approved as presented. The minutes of the February 3, 1998, Council work session were approved, with the inclusion ofwording that Mayor Zaun left the work session early to attend another meeting. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented the February Operations & Maintenance Department monthly report. PRESENTATIONS/INTRO®UCTIONS: None CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1998 PAGE 2 Ctl'IZENS' COMMENTS: John Boland, 10241 - 205th Street West, explained that his reason for coming to recent Council meetings is because he is concerned about the possible widening of 205th Street and how that will affect his property. He stated he has a significant tree in his front yard and feels he will eventually be forced to remove it to allow for a new road. He stated he is concerned about the growth that is occurring in the area. and feels the City is promoting this growth. Mr. Erickson explained to Mr. Boland that the City is aware of and very respectful of his concerns regarding his property. He explained that the City does not promote growth. The City manages growth and is very proud of its growth management strategies. He explained that the City is developing a transportation system to try and keep 205th Street the way that Mr. Boland and most of his neighbors want it. Heidi Bailey, 16455 Kingswood Court., stated she has some concerns about the location of a proposed driveway in agenda Item 7q. She stated she would also like. to discuss an issue with regard to assessments in the Kingswood Estates neighborhood. Mayor Sindt stated the Council will remove Item 7q from the consent agenda, and Ms. Bailey can address the Council when that item is considered. CONSENT AGENDi4 Councilmembers removed Item 7q from the consent agenda.. Councilmembers added Item 11 to the consent agenda. 98.51 Motion was made by Holberg, seconded by Ryan to approve the consent agenda items as follows: a. Claims for payment. b. Receive January Investment Report. c. Receive minutes of the following advisory committee meetings: Cable TV Board, February 10,-1998 Snowmobile Task Force, February 12, 1998 Parks & Recreation Committee, February 18, 1998 d. Resolution No. 98-28 authorizing spring weight restrictions. e. Trunk storm sewer credits and watermain credits, Kenridge 2nd Addition. CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1998 PAGE 3 f. Roadway improvement and trunk storm sewer payment, Muller Theatre Addition. g. Trunk storm sewer credits, Raven Lake 2nd Addition. h. Final acceptance of street improvements, Stonebriar 2nd Addition. i. Final acceptance and final payment for CSAH 70 utility extensions, Improvement Project 97-16. j. Final acceptance and final payment for Holyoke Avenue watermain .extension, Improvement Project 97-17. k. Authorize sale of playground equipment from Oak Shores Park and Dodd Trail Park. I. Change Order No. 1, final acceptance and final, payment for Lift Station No. 7, Improvement Project 95-10. m. Tree service operator license for Outdoor Specialties. n. Resolution No. 98-29 resigning the appointment as Deputy Registrar. o. .Resolution No. 98-30 approving amendment to the 1998 General Fund budget. p. Resolution No. 98-31 approving application for conveyance of tax forfeited land and certification of classification of forfeited lands. q. (Removed from consent agenda) 11. Receive the resignations of Howard Amborn from the Planning Commission and Carah Drews from the Environmental Affairs Committee. Roll call was taken on the motion. Ayes, Ryan, Sindt, Mulvihill, Holberg. ITEM 7Q Mr. Sobota presented a request from Roger Bass for the vacation of an existing drainage and utility easement along the shared boundary between Lots 3 and 4, Block 1, Kingswood Estates. He explained that Lots 3 and 4 CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1998 PAGE 4 were previously combined into one lot, but the existing boundary. drainage and utility easement was not vacated. Mr. Bass is now proposing to re-subdivide this property into. two lots and dedicate a new boundary drainage and utility easement centered along the proposed new property line. He explained that neighborhood residents raised concerns at the Planning Commission meeting regarding traffic safety with regard to the proposed driveway. Mr. Bass has submitted a revised survey that shows ahammer-head turn-around forthe proposed driveway. He stated that given the number of lots in this area, staff feels the driveway turn-around provides an appropriate measure of safety. The Planning Commission unanimously recommend approval, and staff recommends approval of the proposed easement vacation. Ms. Heidi Bailey, 16455 Kingswood Court, asked if someone came out to look at the area and reviewed the proposed driveway situation. She stated she is not comfortable with the driveway as proposed, as she doesn't feel there is enough room for a car coming out of the driveway. She stated the road is narrow, has a blind corner and is slippery in the winter. She asked if the City could require that the driveway be located on the other side of the lot. Mr. Roger Bass, 16420 Kingswood Drive, indicated that the lot has not been sold yet, and this is only a prospective plan supplied by a prospective buyer. He felt that placement of the driveway is a decision that hould be made by whomever purchases the property. He pointed out that the lift station located on the property limits the placement of the driveway. Mr. Sobota stated an administrative subdivision requires that both lots meet the zoning ordinance requirements, and both lots do, Mr. Erickson explained that the concerns expressed tonight regarding the driveway were expressed and addressed by the Planning Commission at the public hearing. Steps were taken to address and mitigate these issues and concerns, despite the fact that they were not an integral part of this planning action.. He further stated the City has no authority to ask the property owners to move their driveway, since the lot meets all of the City's requirements. Mrs.. Bailey asked about the assessments that were established for the Kingswood Estates project, which were based on 21 lots. She asked how they can get the assessment changed and divide it by the 24 lots that now exist. Mr. Erickson stated that Attorney Jim Walston, who negotiated the assessments on this project, indicated that most of the property owners he • spoke to were aware, at the time the assessments were negotiated, #hat there CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1998 PAGE 5 were a number of possible lots that could be created. The property owners and City mutually agreed to the amount of the assessment. The project, which was initiated by the residents, ended up costing more than originally anticipated; and consistent with a previous understanding with the property owners, the City is responsible for these costs. He stated it was made very clear to the property owners that if additional lots developed in the future, the assessments against those lots would help offset the significant costs incurred by the City for this project. Mrs. Bailey stated she was told at the time of the project that if they combined their two lots in order to avoid paying two assessments, they would not be allowed to split them at a later date. Therefore, they chose to keep the two lots separate and pay the, assessments on both. She stated she felt the same would have been true for the Bass property, however, they are now able to subdivide their property. Mr. Erickson explained that if the .Bailey's had combined their lots and then tried to re-subdivide them at a later date, the vacant lot would not have met the new square footage requirements for the R-1 District. He pointed out that the. property is on a natural environment lake, and those standards are more stringent. Mr. Erickson further pointed out that the Bailey's were given a deferment for their assessments on the vacant lot until a residential dwelling is constructed on the property or the year 2008, whichever occurs first. Mr. Bailey stated he felt they were miss-informed. Councilmember Mulvihill stated the City is aware of the Bailey's concerns. The potential buyer of the new lot is in the audience and is also aware of the drivewayconcerns and may give it some thought. Leo O'Brien, 16425 Kingswood Court, stated he is also concerned about the curve in the street and placement of the proposed driveway. Mr. Bass stated he was fully aware that if he subdivided his lot at a future date, he would pay another full assessment, which would be used to offset the costs incurred by the City forthe project. Mr. Bass also stated that when he first purchased the property, it consisted of two separate lots. His builder had later found a setback problem, which was the reason the two lots had been combined. CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1998 PAGE 6 98.52 Motion was made by Mulvihill, seconded by Holberg to approve Resolution No. 98-32 vacating a portion of a drainage and utility easement at 16420 Kingswood Drive. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Ryan. ITEM 8 Mr. Erickson presented a resolution advising the Metropolitan Council that the .City of Lakeville opposes the extension of County Road 46 through Murphy Hanrehan Park Reserve. He stated staff will forward copies of the resolution to the Metropolitan Council, City of Burnsville, Dakota County Highway Department and County Commissioners, Scott County, Credit River Township, Hennepin County Park Reserve and to Ms. Brenda Callahan. 98.53 Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 98-33 admonishing the Metropolitan Council and the municipal entities participating in the CSAH 42 corridor study not to consider, recommend or adopt any alternative mitigating measure that affects, effects or otherwise impacts Murphy-Hanrehan Park Reserve. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Sindt. ITEM 9 Mr. Nelson presented a resolution requesting the installation of traffic control signals at the I-35/County Road 46 interchange. He stated the Minnesota Department of Transportation (MnDOT) has recently taken traffic counts, which indicate that some warrants are currently being met for signals. In the interim, MnDOT will be installing all-way stop signs at this intersection, hopefully by April 1St. Councilmember Ryan asked how the signals will be paid for. Mr. Nelson stated MnDOT would pay half, and the City and County would each pay 25% of the cosh. Councilmember Holberg asked if there was any indication as to which warrants are being met for the signals. Police Chief Martens stated warrants are being met during rush hour times. CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1998 PAGE 7 • 98.54 Motion by Ryan, seconded by Mulvihill to approve Resolution No. 98-34 requesting installation of traffic control signals at the I-35/County Road 46 interchange within the City of Lakeville. Roll call was taken on the motion. Ayes, Holberg, Ryan, Sindt, Mulvihill ITEM 10 Councilmember Ryan stated he will be abstaining from action on this item due to a possible conflict of interest. Ms. Kelly Murray, representing Wensmann Realty, requested Council approval of the vacation of a portion of an existing boundary drainage and utility easement in Heritage Square Addition and an amendment to the Heritage Square Addition planned unit development (PUD). Mr. Sobota explained that the easement vacation and PUD amendment are being requested by Wensmann Realty to allow larger garages for the ten condominium buildings. The larger garages will increase. the storage area and • improve their livability. He stated there are no public utilities within the easement area proposed to be vacated. Staff recommends approval of the easement vacation and PUD amendment as requested. 98.55 Motion was made by Holberg seconded by Mulvihill to approve Resolution No. 98-35 vacating a drainage and utility easement; and approve an Amended Planned Unit Development Agreement for Heritage Square Addition.. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg. Ryan abstained. ITEM 12 ALF Ambulance Director Kevin Raun presented the 1997 ALF Ambulance Annual Report, which included a video presentation of their new quarters at the Lakeville water treatment plant. UNFINISHED BUSINESS None NEW BUSINESS None ANN®UNCEMENTS: Next regular Council meeting, March 16, 1998 Council work session, March 18, 1998 CITY OF LAKEVILLE COUNCIL MEETING MARCH 2, 1998 PAGE 8 • Mayor Sindt adjourned the meeting at 8:30 p.m. Respectfully submitted, Charlene Friedges, City Jerk B Si t, Acting Mayor •