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HomeMy WebLinkAbout08-15-94 • CITY OF LAKEVILLE COUNCIL MEETING AUGUST 15, 1994 The meeting was called to order at 7:00 p.m. by Acting Mayor Sindt. The pledge of allegiance to the flag was given. Roll. call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill and. Harvey. 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. Gudmundson, Chief of Police; D. Morey, City Planner; C. Friedges, C'rty Clerk. MINUTES The minutes of the August 1, 1994, regular Council meeting and the August 8, 1994, special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: Mr. Erickson asked the Council to consider, under New Business, a petition regarding the speed limit on Highview Avenue in the area of Cherryview Elementary School (Item #11a). He also asked the Council to consider, under New Business, a resolution authorizing the sale of surplus video equipment (Item #11 b). CHIEF OF POLICE: Chief .Gudmundson presented the July Police Department monthly report. Councilmembers discussed the following with the Chief: • Juveniles detained • Animal control problems • Burglaries PARKS & RECREATION DIRECTOR: Steve Michaud presented the July • Parks & Recreation Department monthly report. CITY OF LAKEVILLE COUNCI L MEETING AUGUST 15, 1994 PAGE 2 • PRESENTATIpNS/INTRODUCTIONS City Engineer Keith Nelson introduced Tim Hanson, Assistant City Engineer. CITIZENS' COMMENTS: None. CONSENT AGENDA Councilmembers added items #9 and. #11 b to the consent agenda. 94.158 Motion was made by Harvey, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. Receive July investment report. c. Receive minutes of the following advisory committee meetings: Planning Commission, August 4th Parks & Recreation Committee, August 3rd Environmental Affairs Committee, August 2nd d. Change Order No. 1 for District 7 sealcoating and overlay, Improvement Project 93-10. e. Pay. Estimate No. 7 .and final acceptance of improvements, 195th Street sanitary sewer, .Improvement Project 92-10. f. Change Qrder No. 2 for the Hamburg Avenue bridge replacemenUDodd Boulevard culvert replacement,. Improvement Project 92-18. g. Change Order: No. 1 for the Lake Marion outlet storm sewer improvements, Improvement Project 93-7. h. Ordinance No. 530 amending Title 3 of the Lakeville .City Code by adding Chapter 16 concerning licensing of persons who administer massages; and Resolution No. 94-153 amending the schedule of fees. i. Resolution No. 94-164 calling a public hearing for the certification of delinquent. utility bills. j. Approve First Amendment to Farmington/Lakeville Joint Dispatching Agreement. G1TY OF LAKEVILLE COUNCI L MEETING AUGUST 15, 1994 PAGE 3 • k. Resolution No. 94-165 appointing election judges for the September 13th Primary Election. I. Approve list of surplus items and set a City auction for September 10, 1994. m. Approve the 1994/95. DARE Services Agreement with LS. D. 196.. n. Approve. athree-year extension to a special home occupation permit for Lori Bernard, 17396 Ixonia Path. o. Resolution No. 94-166 accepting a .donation from Charter America Life to the Parks & Recreation Department. p. Resolution No. 94-167 approving 1994/95 snowmobile and cross country ski trail grant-in-aid agreements with the DNR. q. Receive bids for the public works re-roofing project and approve . Resolution No. 94-168 awarding contract. r. Approve Special Assessment Agreement with Faith Lutheran Church for the Cedar Avenue. assessments. s. Approve agreement for Centrex services with Vista Telephone Company. 9. Approve the 1994/95 Hunting Zone Map and authorize publication. 11 b. Resolution No. 94-169 authorizing the sale of surplus video equipment. RoN call was taken on the motion. Ayes, Johnson, Sindt, Mulvihill, Harvey. ITEM 8 Mr. Warren Isrealson of Progress Land Company, Inc. provided a background on the Golden Pond preliminary plat and referenced revisions that have been incorporated based on input by the staff, Planning Commission and adjacent property owners. He requested Council approval of the preliminary plat of Golden Pond, which consists of 1.1.0. single family residential lots at the southeast corner of 210th Street and Dodd Boulevard. . Mr. Morey provided a detailed overview of the Planning Report dated August 12, 1994. He explained that as a result of concerns raised at two CITY OF LAKEVILLE COUNCI L MEETING AUGUST 15, 1994 PAGE 4 neighborhood meetings, as well as concerns raised by the Planning Commission members. at their public hearing, the developer has made the following design modifications to the proposed :preliminary plat: • Eliminate proposed segment of 2.11 th Street between Hummingbird Avenue and Horizon Path. • Shift proposed;connection of 211th-Street orrthe west side of Hummingbird Avenue to the north. • Eliminate the north 20 feet of Lot 1, Block 6, and combine with the existing single family residential lot to the north. • The remnant triangle located east of Lot 2, Block fi, and north of 211th Street, should be combined with the existing single family residential lot to the north. • A 10 foot trail easement is proposed between Lots 2 and 3, Block 9. • The proposed street access for the property to the. south has been shifted east from Hummingbird Avenue o Honeycomb Path. • The property is proposed to be developed in two phases, in order to avoid construction traffic accessing the subdivision from 21 Oth Street and to establish traffic circulation patterns from the proposed 212th Street access at Dodd Boulevard. Staff recommends approval of the preliminary platsubject to 24 stipulations recommended by the Planning Commission and. six additional stipulations recommended by staff (all listed in August 12, 1994, planning report). Mr. Bob Christiansen asked about the storm water flooding that has occurred in this area in the' past. City Engineer Keith Nelson explained that the proposed six and one-half acre ponding area. immediately west of the railroad tracks will accommodate the storm water. Mr. Lenny Gephart, representing his mother's property at 9056-210th Street West, stated he has no objection to the :development; however, he did object. to the location of the main entrance to the development at the proposed location; which is between two-existing homes, Mrs. Gephart's home and the Benolkin home: He raised concerns regarding decreased property value, increased traffic, noise, toss of privacy and loss of vegetation. He requested the entrance be moved 200 feet to the west. Ms. Diane Gephart, 10322-199th Street West, presented a petition signed by Lakeville residents. who agree that the road entry to the Golden Pond development as currently proposed between the Benolkin property and the • Gephart property is not desirable and should be relocated to Lot 2, Block 1, to minimize the. negative effects on the .existing .property owners' residences. CITY Ol= t.AKEVILLE COUNCI L MEETING AUGUST 15, 1994 PAGES • Councilmember Mulvihill stated she had. viewed the property in question. and, due to the narrow street access,. could not support the main entrance for the subdivision at the proposed location. 94.1.59 Motion was made by Harvey, seconded by Mulvihill to receive the petition presented by Ms. Gephart. Roll. call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey,. Johnson. Lavain-and Carol. Benolkin, 9090-210th Street West, stated they would also like to the see..the road moved further #o the west;. however, they would<agree to its proposed location, with additional screening as .proposed by the developer, if there is no other alternative. Mr. Erickson explained that the comprehensive plan allows medium to high density housing on this property, and a development which included 12- plexes was originally proposed by another developer. Staff recommended a single family residential development for this area.. He stated the developer, • Warren Isrealson, has a proven track record in the city and uses high quality home builders. Mr. Erickson went on to discuss the following: • Urbanization and pedestrian access to downtown • Upgrade of Highway 50 to a three-lane highway from 202nd Street to Cedar Avenue in 1996 • Recent installation of sanitary sewer, storm. sewer and water on 210th Street • City's request to Dakota County for four-way stops at 21-0th &,13odd • Request by Dean & Becky Zweber to split their property on 210th Street. and create lot frontage on 211th Street, with the developer providing . sewer and water: stubs • Street alignment in the plat, .phasing wiN divert traffic from Hummingbird .Avenue • .Competing interests among exisfing property owners • Road-.alignment with future Hammer property to the north Mr. Erickson pointed out that the developer has met all of the City's zoning and subdivision requirements for this plat, as weH as a majority of the citizens' objectives. He stated moving Hummingbird Avenue to lot 2 would create a 94-foot substandard lot that would require a variance. He further stated that 211th Street would have to continue to the west as originally planned if Hummingbird Avenue is moved to the west. CITY OF LAKEVILLE COUNCI t_ MEETING AUGUST 15, 1994 PAGE 6 Mr. Nelson explained that 21 Oth Street is a major collector street, and Dodd Boulevard is a minor arterial roadway. The transportation plan identifies guidelines for spacing between major roadways in an effort to a leviate congestion. He stated. that physically, Hummingbird Avenue can. be shifted to the west. However, staff recommends the road remain as praposed to provide more-even distribution of traffic: into and out of the development.. Councilmember Johnson stated<in his observation, no matter where the road is located, there is going to be a lot with triple street frontage. He recommended additional landscaping/screening be installed on the west and south sides of the Benolkin property in an effort to address the .noise and privacy concerns raised by the residents. Mr. Bob Christiansen asked about the water table in thin area. Mr. Isrealson stated the basements are proposed to be six feet about the ground water.. Mr. Erickson stated that if a water table problem is identified during final design, the City would require full drain the installation, which is City policy and has worked we11 in areas where the water table is higher than at this location. Acting Mayor Sindt asked about. park access, given the Parks & Recreation Committee's recommendation for a cash contribution. Mr. Michaud explained that the downtown parks are about one-half mile to the north, and there is a school park to the east. He explained that a neighborhood park will be recommended when the property to .the south develops. Councilmembers Mulvihill and Harvey stated they were reluctant. to approve this preliminary plat, given the. location of the main entrance in between two existing homes. Mr. Erickson proposed a design alternative, stating the Council could request the developer to move Hummingbird Avenue to Lot 1, which is immediately west of the Benolkin property. Moving the road any further to the west, he explained, does'not meet any legitimate platting standards: Under this scenario, the developerwould give the Benolkins 14 feet, and a variance would need to be granted on the 80-foot substandard lot.. Also, 211th Street would be extended east as originally planned. In addition, he suggested the Gepharts contribute 1'tve feet of their property to the developer's substandard lot. He recornrnended the staff work with the Benolkins, Gepharts, Zwebers and the developer prior to final plat consideration. • Councilmember Harvey suggested the. urbanization of 210th Street should be done at this time. He stated it could be done. on the east side at no cost to G1TY OF LAKEVILLE COUNCI L MEETING AUGUST 15, 1994 PAGE 7 the property owners, as the developer has agreed to use his escrow to cover the cost. Mr. Gephart stated he would be willing to consider giving five feet of the Gephart property to the developer and would be in favor of re-opening 211th Street if Hummingbird Avenue is moved to the west of-the $enolkin property.. Mrs. Benolkin stated hey would be interested in obtaining the extra t4 feet and are willing to work with the staff and developer. Mr. Isrealson stated he was not in favor of the proposed realignment of _ Hummingbird Avenue to the west, because he felt the City will not be able to maintain a minor collector status for Hummingbird Avenue with future development to the south. He stated he feels the alternative design will create an unappealing plat. Councilmember Johnson stated he feels the main concerns of the residents involve noise and privacy, which he feels can be easily addressed. with additional landscaping. He recommended the plat be :approved as presented by the developer. 94.160 Motion was made by Johnson to approve the preliminary plat of Golden Pond as presented by the developer, with a 66-foot street right-of-way on Hummingbird Avenue, distributing the additional 14 feet between the Gepharts and the Benolkins. Motion died for lack of a second. 94.161 Motion was made by Harvey, seconded by Mulvihill to approve the preliminary plat of Golden Pond, withthe relocation of Hummingbird Avenue to the west of the Benolkin property; the lot between the Benolkins and the Gepharts to be adjusted through. mutual agreement between the two property owners and the developer; 211th Street to proceed to the west as presented to the Planning Commission;. the access to the south put back to its or(ginal location as presented to the Planning Commission; and with the conversion of 210th Street from Hummingbird Avenue to an urban section with a trail on the south side of 21 Oth Street, the costs of the urban section and trail to be .covered using the escrow funds provided by the developer, not including. any right-of-way costs. which would be assessed to he abutting property owners. Asa :point of clarification, Mr. Erickson stated that the Gepharts, the Zwebers and other property owners would .have to dedicate 17 additiona feet for the right-of way, and the costs for the right-of-way would be assessed to the • individual property owners. CITY OF t.AKEVILLE COUNCI L MEETING AUGUST 15, 1994 PAGE 8 I Councilmember Johnson raised a concern with this proposal, stating the property owners have not been notified of an assessment. Mr. Knutson explained that a public improvement hearing would need to be called to urbanize 210th Street if property owners are going to be assessed for the right-of-way. Mr. Erickson offered an alternative proposal, whereby the City will offer a free urban section road on 210th Street to any resident who is willing to provide the right-of-way. Those who do not take advantage of this offer are likely to see a $50 to $75 per front foot assessment in the next five to 10 years. _ Councilmember Harvey amended his motion to include the proposal offered by Mr. Erickson, Mulvihill seconded the amendment. Roll calf was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Sindt. UNFINISHED BUSINESS None. , NEW BUSINESS Mr. Erickson presented a petition received by Councilmember Mulvihill from residents requesting a speed reduction on Highview Avenue near Cherryview Elementary School. He suggested staff hold a neighborhood meeting with the residents to explain the criteria for setting speed limits and discuss possibly establishing a school speed zone. 94.162 Motion as made by Mulvihill, seconded by Johnson to direct the Environmental Resources/Public Works Director and the City's traffic consultant to meet with the residents to explain how speed limits are established and discuss the possibility of establishing. a school "speed control" zone. Roll call was taken on the motion. Ayes, Harvey,. Johnson, Sindt, Mulvihill. ANNOUNCEMENTS: Next regular Council meeting, .Tuesday, September 6, 1994. The meeting was adjourned at 9:35 p.rn. i CITY OF LAKEVILLE COUNCI L MEETING .AUGUST 15, 1994 PAGE 9 Respectfully submitted, Charlene Fredges, i y Clerk B #y Si t, Acting Mayor • II