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• CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1994
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,
Harvey and 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; D. Gudmundson, Chief of .Police; D.
Morey, City Planner; L. Gustafson, Assessment Clerk; C. Mehlhaff, Utility
Billing Clerk; C. Friedges, City Clerk.
MINUTES
The minutes of the July 18, 1994, City Council meeting were approved as
presented.
• STAFF ANNOUNCEMENTS
Attorney: None
Engineer: Mr. Nelson stated City staff held an informational meeting for
residents at 6:30 to answer questions regarding the proposed surface water
management utility. He stated there were 10 residents. in attendance.
Administrator: Mr. Erickson asked the Council to consider, under New
Business, setting a special Council meeting to receive the 1995/96
preliminary budget, followed by a joint work session with the Economic
Development Commission. Mr. Erickson also asked the Council to consider,
under New Business, submitting a request to the Dakota County Highway
bepartment for the installation of four-way stop signs at Dodd BIvdJHighview
Avenue and Dadd Blvd./210th_Street.
PRESENTATIONS/INTRODUCTIONS
Mayor Zaun presented a plaque to Arlene Lewis in recognition of her 12
years of service to the City of Lakeville.
CITIZENS' COMMENTS
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CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1994
PAGE 2
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Mr. Red Helkenn, 17805 Junelle Path, stated he felt the sidewalk should
have been extended along 175th Street, on the north side, from Jonquil
Avenue to CSAH 50.
Mr. Charles Rarnsbacher, 16577 Klamath Terrace, expressed a concern
regarding the water level of Kingsley :Lake. He felf that the lowering of the
water level has had a dramatic affect on the lake's water quality. Mr.
Ramsbacher stated a petition from area residents is forthcoming regarding
the water quality and level of the lake.
CONSENT AGENDA
Councilmembers removed Items 71 and 7p from the consent agenda
94.144 Motion was made by Harvey, seconded. by Sindt to approve the consent
agenda items as follows:
a. Claims for payment.
• b. Receive minutes of the following advisory committee meetings:
Planning Commission, July 21
Parks & Recreation Committee., July 20
Environmental Affairs Committee, July 19
Cable TV Board, June 28
Economic Development Commission, July 25
c. Approve change orders for the Police Station expansion/remodeling
project.
d. Approve change orders for the Lakeville Civic Arena project.
e. Receive Lakeville Fire Relief tax levy certification,
f. Approve Change Order No. 1 with Valley Paving, Inc., Improvement
Project 91=5.
g. Resolution No. 94-154 approving plans and specifications and setting a
bid date for 185th Street trunk watermain extension, Improvement Project
94-9.
h. Authorize installation of a four-way stop at Jacquard Avenue/Upper 205th
Street, Improvement Project 93-4.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1994
PAGE 3
i. Receive bids and approve. Resolution No. 94-155 awarding. contract for
Pumphouse No. 9, Improvement Project 94-6.
j. Receive bids and approve Resolution No. 94-156 awarding contract for
Well No. 10, Improvement Project 94-9.
k. Approve a Ground Lease with Joseph M. Miller for farming on the City's
water treatment plant site.
I. (Removed from consent .agenda. )
m. Authorize Short, Elliott, Hendrickson, Inc. to prepare a G1S database from
the City's street base map.
n. Approve a Real Estate Purchase Agreement with Yvonne E. Roth for
property located at 18076 Kenwood Trail
o. Resolution No. 94-158. accepting donation from Proactive Marketing
• Strategies, on behalf of Knutson Services, to the DARE program.
p. (Removed from consent agenda.)
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sndt, Mulvihill,
Harvey.
ITEM 7L
Mr. Sobota presented the proposed Winsor Plaza expansion project, which
involves the construction of 24 additional housing units. He .explained that as
a result of negotiations between the City, Dakota County HRA and Despatch
-Industries, some minor changes were made to the design of the public
improvements... The changes .involve the construction of a truck turn-around
staging area on the existing HRA property, with a smaller cul-de-sac than
originally planned located at the end of 208th Street. Both the Dakota
County H.R.A. and Despatch industries have agreed to the proposed
changes.
Councilmember Sindt asked about the possible relocation of the small
gardening area. Mr. Sobota stated. he feels there is adequate space on the
site to relocate the garden, although the exact location has not been
determined.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1994
PAGE 4
94.145 Motion was made by Johnson, seconded by Sindt to approve Resolution No.
94-157 approving plans and specifications and setting a bid date for public
improvements associated with the Winsor Plaza expansion, Improvement
Project 93-5.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ITEM 7P
Councilmember Johnson stated he is currently researching the educational
requirements for licensing persons who administer massages. He stated he
has not been able to obtain that information and requested tabling action on
the ordinance until the August 15th Council rneeting.
94.146 Motion was made by Johnson, seconded by Sindt to table consideration of an
ordinance concerning licensing of persons who administer massages until
the August 15th Council meeting.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
ITEM 8
Mayor Zaun opened the public hearing on the proposed implementation of a
surface water management utility fee. The City Clerk attested to publication
of a .legal notice. City Engineer Keith Nelson explained that approximately
three years ago, the City Council authorized Barr Engineering to update and
address`the City's storm water quality issues and look at the feasibility of
establishing a storm water utility.
Mr. Nels Nelson of Barr Engineering presented the Feasibilitx of a
Stormwater Utility, dated May 5, 1994. He explained that the City's
responsibilities for storm water management have increased during the last
several years, .with no increase. in funding. Cities are responsible for storm
drainage, floodplain management,. shoreland zoning, WMO participation,
wetlands protection and lake water quality management. He explained that
many cities have adopted a storm water utility to cover the actual costs. of
storm water management. This utility is widely used across the Metropolitan
area
CITY OF IAKEVI~LE COUNCIL MEETING
AUGUST 1, 1994
PAGE 5
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The #ees associated with a storm water utility. are based on-the amount of
runoff that occurs from a property and the size of the property. Since it would
be impractical to measure the exact runoff from the thousands of parcels in
the city, runoff is estimated. using simple hydrologic relationships, most
affected by the amount of impervious area a land. surface has.The following
land uses are exempt from the surface water management fee: cemeteries;
- gravel pits; railroads; City owned properties, except municipal liquor. stores;
undeveloped land; agricultural land without a home; street and highway right.-
of-way; Federal, .County and State property.
Mr. Nelson presented the estimated .annual costs for a surface water quality
program,. (see Table 3 of May 5th report). The single family (.residential
equivalent utility factor) surface water management utility fee will be $3.75
per quarter.
At this time,. Mayor Zaun opened the public hearing to questions and
comments from the audience.
Mr. Red Helkenn, 17805 Junelle Path, stated he feels the Argonne Farms
• area does not fit the criteria of developed property by today's standards, with
gravel streets and no City sewer. and water. He stated he has been
..managing surface water runoff from area developments for more than 12
years.
Mr. Jim Bergerson, 16508 .Kingsley Court,. stated he is not opposed to the
program, but would like to see_a greater percentage of the budget being
spent on actual treatment of the lakes, rather than cleaning of manholes,
street sweeping and wages/overhead costs for the City environmental
engineer.
Mr. Erickson explained that vacuum cleaning of sump manholes is a
privatized program#hat just began this year. Without regular catch basin
cleaning, sediment would wash into the wetlands, ponds and lakes. Early
..spring street sweeping, which may need to be done as many as three times,
prevents sand and salt from entering the storm sewer system and eventually
polluting the wetlands, ponds and lakes..
Mr. Jim Robinette, representing. the Black Dog and Vermillion River
Watershed Management Organizations, provided an historic background on
the nation's waters, point source and non-.point source pollution. He
explained that by the year 1996, the Minnesota Pollution Control Agency will
CITY OF LAKEVILLE COUNCIL MEETING
.AUGUST 1, 1994
PAGE 6
set standards for storm. water runoff, and this stormwater management
program will meet those requirements.
Mr. Tom Ryan, 16615 Ipava Avenue, expressed concems regarding the City
creating another layer of bureaucracy, when the engineering department is
already handling these water problems.
Ms. Bessie Dobbs, 12000 175th Street W., stated she supports the program
and feels the City needs to look to the future.
Mr. Jerry Kowalke spoke in support of the program on behalf of the
Environmental Affairs .Committee, which is a citizen advisory committee to the
City Council.
Mr. Dennis Keasling, 19407 Jersey Avenue, spoke on behalf of the Lake
Marion Homeowners Association in support of establishing the stormwater
utility. He indicated he has monitored Lake Marion on a voluntary basis and
considers stewardship as important as the monetary funding.
Mr. Emmetfi Sjoberg, 10330 - 204th Street West, stated he feels the water
quality programs should be supported by those people who own Lakeshore
.property and developers. He felt the City has done a good job in the past
and can make better use of the resources it currently has.
Ms. Nancy Smith, 19127 Orchard Trail, stated the Lake Marion home owners
highly support this program. She stated their volunteer time and efforts have
paid off, and she encouraged other lake .home owners to work with the City
and make their concerns known.
Mr. Steve Brown, 10200 176th Street W., suggested the City {ook into
shifting more money within fhe proposed budget toward maintenance
programs for the existing ponds and wetlands in Lakeville.
Councilmember Sindt asked about the proposed duties of the Environmental
Engineer. Mr. Erickson explained that this person .would be responsible for
enforcement of the Wetland Conservation Act adopted in 1991.
He further explained that in a 1991 and 1993 community survey,
approximately 65% of Lakeville residents indicated they support a storm
sewer maintenance fee of three to four dollars per quarter to assist. in the
maintenance of the quality of Lakeville's wetlands, ponds, lakes and streams.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1994
PAGE 7
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Councilmember Harvey pointed out that studies and public education are
important first steps in addressing water quality problems.
Councilmember Johnson spoke on behalf of an Orchard Lake resident, who
suggested that an annual report would show the tax payers how their money
is being spent. The resident also suggested the City address ponding
problems that currently exist to prevent them from getting worse.
Councilmember :Mulvihill stated she feels the program is necessary and the
City is headed in the .right direction. She pointed out that the budget is not.
final and agreed that. some money may need to be shifted from one category
to another.
94.147 Motion was made by Harvey, seconded by Mulvihill to close the public
hearing.
Councilmember Sindt suggested the Council acknowledge receipt of a letter
from Russell G. Hoffman prior to closing the public hearing. Since there was
a motion and a second already on the floor, that motion took precedence.
Roll. call was taken: on the motion to close the public hearing. Ayes, Harvey,
Johnson, Zaun, Sindt, Mulvihill.
The City Attorney provided copies of a resolution which would establish the
single family (residen#ial equivalent utility factor) surface water management
utility fee at $3.75 per quarter.
94.148 Motion. was .made by Mulvihill, seconded by Johnson to adopt Ordinance No.
529., an ordinance amending Ti#le 7 of the Lakeville City Code es#ablishing a
surface water management utility, and Resolution No. 94-159 establishing a
surface water management fee and. related charges,
Rolf call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
94.149 Motion was made by Marvey, seconded by Mulvihill to receive the letter from
Russell G. Hoffman, 16204 Logarto Lane.
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1994
PAGE 8
Mayor Zaun called a recess at 9:00 p.m. and reconvened the meeting at 9:08
p.m.
ITEM 9
Mr. Fred Haas requested Council approval of the preliminary and final plat of
Beachside, which .consists of seven single family residential lots on the west.
side of Judicial Road, north of 175th Street.
Mr. Morey presented the preliminary and final plat of Beachside, which
involves the replatting of portions of two outlots and small portions of platted
lots in the old Liberty Heights subdivision. He explained that the wetland
located within Outlot A will not be dis#urbed with this development, and Outlot
A is being deeded to the City by the developer. The City will deed to the
developer two small remnant parcels that were created as a result of the
realignment of Judicial Road. The storm sewer area charge will be collected
on the non-wetland portion of the plat; and 84 percent of the significant trees
located within the plat boundaries. are. proposed to be saved.
Mr. Haas explained .that he expects to receive a letter of credit from New
Market Bank within the next two weeks. Staff recommended approval of the
preliminary and final plat of Beachside, contingent upon receipt of a letter of
credit,
Mr. Nelson indicated that there will be no fill under the house footings.
94.150 Motion was made by Johnson, seconded by Mulvihill to approve Resolution
No, 94-160 approving the preliminary and final plat of Beachside, subject to
receipt of a letter of credit prior to August 15, 1994.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
ITEM 10
Mr. Ericksonpresented aletter, which was sent to the Metropolitan Council
on July 26, 1994, regarding the City's response to the proposed revisions to
the aviation chapter of the Metropolitan Development Guide.
94.151 Motion was made by Sindt, seconded by Harvey to approve the July 26th
. letter regarding the City's comments on the proposed revisions to the aviation
CITY OF LAKEVILLE COUNCIL MEETING
AUGUST 1, 1994
PAGE 9
chapter of the Metropolitan Development Guide being sent to the
Metropolitan Council
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
ITEM 11
94.152 Motion was .made. by Harvey, seconded by Sndt to set a special Council
meeting .for Monday, August 8th, of 7:30 am. to consider the letter of
understanding with New Morning Windows.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun:, Sindt,
Mulvihill.
ITEM 12
94.153 Motion was made by Johnson, seconded by Sindt to set a special Council
meeting to receive the 1995/96 preliminary budget for Wednesday,
• September 14, at 7:00 p.m., followed by a joint work session with the
Economic Development Commission..
Roll caq was taken on the,motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 13
94.154 Motion was made by Mulvihill, seconded by Johnson to set the Police Station
Open House-for Saturday, October 15, 1994.
Roll, call was taken on the. motion. Ayes, Zaun., Sindt, Mulvihill, Harvey,
Johnson.
UNFINISHED BUSINESS None.
NEW BUSINESS
Mr. Erickson presented a letter to the Dakota County Board of
Commissioners from Police Chief Gudmundson requesting Dakota County
consideration of four-way controlled stop signs to be placed at Dodd (CSAH
• 9) and Highview Avenue and at 210th Street and Dodd (CSAH 9). Chief
Gudmundson stated that with the proposed paving of Highview Avenue, the
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CITY OF LAKEVI~LE COUNCIL MEETING
AUGUST 1, 1994
PAGE 10
course of travel for Lakeville citizens, as well as emergency vehicles, will
change dramatically, making this intersection even more hazardous. He
stated truck traffic has increased at the 240th Street/Dodd intersection over
the past year, making it more difficult to cross the intersection. in the
north/south directions.
Mr. Nelson explained that as a part of recent construction projects, by-pass
lanes at both intersections either have been or are proposed to be
eliminated. This will funnel additional traffic to the intersections.
Councilmember Harvey stated he doesn't feel four-way stops are the
complete solution to safety problems. He stated he feels people tend to
ignore four-way stops in areas where they are too prevalent.
94.155 Motion was made by Johnson, seconded by Sindt to approve Resolution No.
94-164 requesting the Dakota County Board of Commissioners to consider
the installation of four-way controlled stop signs at Dodd (CSAH 9) and
Highview and at 210th Street and Dodd (CSAH 9).
Rolf call was .taken on .the motion.. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
ANNOUNCEMENTS: Next regular Council meeting, August 15, 1994.
Mayor Zaun adjourned the meeting at 9:45 p.m.
Respectfully submitted,
Charlene Friedges, ity Clerk
ti
ane Zaun, .May r