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HomeMy WebLinkAbout02-22-94 CITY OF LAKEVILLE COUNCIL MEETING • FEBRUARY 22, 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; S. Michaud, Parks & Recreation Director; D. Gudmundson, Chief of Police; B. Christensen, Fire Chief; C. Friedges, City Clerk. MINUTES The minutes of the February 7, 1994, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: Mr. Knutson requested an executive session of the City. Council immediately following the. Council meeting to discuss pending litigation involving the Seamann matter. ENGINEER: None. ADMINISTRATOR: None. CHIEF OF POLICE: Chief Gudmundson presented the January Police Department monthly activity report. PARKS & CATION DIRECTOR: Steve Michaud presented the January Parks & Recreation Department monthly activity report. FIRE CHIEF: Chief Christensen presented the 1993 Lakeville Fire Department Annual Report. PRESENTATIONS/INTRODUCTIONS Ken Seurer, Utility Maintenance Lead Person, introduced Martin (Marty) Bartusek, Utility Maintenance employee. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers added agenda items 10 and 11 to the consent agenda. 94.29 Motion was made by Harvey, seconded by Mulvihill to approve the consent • agenda items as follows: CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 1994 PAGE 2 • ' a. Claims for payment. b. January Investment Report. c. Receive minutes of the following advisory committee meetings: Environmental Affairs Committee, February 1 Parks & Recreation Advisory Committee, February 2 Park Bond Referendum Task Force, February 10 Planning Commission, February 3 d. Approve purchase of an additional DTS 555 cash register for Liquor Store #3. e. Approve service maintenance contract with South-Town Refrigeration, Inc. for liquor store walk-in coolers, self contained units and ice machines. f. Resolution No. 94-32 calling a public hearing on certification of delinquent utility accounts. g. Ordinance No. 521 granting to Dakota Electric Association, a Minnesota Corporation, is successors and assigns, .permission to construct, • operate, repair and maintain in the City of Lakeville, Minnesota, an electric distribution system and transmission lines, including necessary poles,. lines, .fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use the public ways and public grounds of the City for such purposes. h. Approve tree service operator license for Steve Tupy Tree Service. i. Resolution No. 94-33 establishing polling places. j. Resolution Noy. 94-34 establishing pay schedule for Fire Department officers. k. Approve lease agreement between City of Lakeville and Dakota County for Mobile Data Terminals. ` 1. Resolution No. 94-35 establishing .rules and rental fees for use of City parks. m. Resolution No. 94-36 accepting donation from the Lakeville Jaycees to the Parks & Recreation Department. n. Approve agreement with CP Rail System for installation of a rubber crossing at Jaguar Avenue, Improvement Project 91-5. o. Resolution No. 94-37 setting a bid date for 168th Street at-grade • crossing near County Road 44, Improvement Project 91-5. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22,1994 • PAGE 3 p. Approve specifications for computer hardware/software and set a bid opening for 11:00 a.m. on Friday, March 11,1994. q. Approve a mechanical amusement device license for Cleaners Plus, 20720 Howland Avenue. r. Approve a mechanical amusement device license for Theisen Vending Inca II (Super 8 Motel). s. Resolution No. 94-38 vacating an existing drainage and utility easement at 16560 Kenreel Avenue. t. Resolution No. 94-39 amending the 1993 Certificates of Indebtedness Budget. u. Approve agreement substituting Merillat Industries for Merillat Corporation as it relates to the Mortgage Loan Agreement. v. Approve change order with Nardini Fire Equipment ($40) and Paramount Concrete ($345) for the police station expansion/remodeling project. w. Approve Easement Agreement and payment to Walter R. and Resurreccion A. Sternberg, 168th Street at-grade crossing, Improvement Project 91-5. x. Resolution No. 94-40 approving a gambling (bingo) permit for Panorama of Frogress. 10. Approve Resolution No. 94-41 confirming and defining the purpose, responsibilities and terms of office for the Economic Development Commission; and Resolution No. 94-42 approving the Economic Strategic Plan offered by the Ecanomic Development Commission. 11. Approve Blizzard Emergency Preparedness Plan dated February 22, 1994. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. . ITEM 8 Keith Huber of Peterson/Huber Corporation:.requested Councilconsideration of a variance on Lot 6, Block 5, Kenwood Oaks. Mr. Sobota presented the request for a variance .from the minimum required setback from the ordinary .high water level of Lee Lake. He explained that the Kenwood Oaks developer submitted an application for a variance for Lot 6, Block 5, in 1990, expressing a hardship due to inadequate building pad area. Based on the grading plan submitted as part of the preliminary plat, the City's planning consultant identified a 2,700 square foot building pad of adequate size to meet the 75 foot minimum setbacks. However, Peterson/Huber CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 1994 PAGE 4 discovered that the original grading plan used to determine. the 2700 square foot building pad was inaccurate. The certificate of survey submitted by Peterson/Huber showed a 14 foot discrepancy, which necessitated the variance - request. Peterson/Huber originally requested a 25 foot variance; however, the Planning ..:.Commission .requested they modify their house plans, reducing the variance to 15 feet. This represents a 60 foot setback from the ordinary high water level. Staff recommends approval. Councilmember Harvey recognized the efforts to protect the oak trees, although he felt the trees have already .been damaged by fill and probably won't last long. Mayor Zaun pointed out that the reasons for denial of the variance in 1990 were based on inaccurate information. 94.30 Motion was made by Harvey, seconded by Mulvihill to receive the Planning Commission's findings of fact and grant a variance to construct a single family residential structure at 11120 Kenora Way to within 60 feet of the ordinary high water level of Lee Lake. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 9 Mr. Nelson explained that the Army Corps of Engineers has suggested the possibility of removing most of Valley Park from the 100 year flood plain by altering culverts under Dodd Boulevard along North Creek. Mr. Nelson showed, on the flood insurance map, several areas of Valley Park that are within the 100 year floodplain. Residents are required to carry Federal Flood Insurance as a condition of mortgage financing and, depending uppon the value of the home, flood insurance may cost a homeowner an additional $200 to $400 premium. a year. Mr. Nelson stated that due to the limited room to install a third .pipe, several alternatives will be considered, including replacing the existing 72-inch pipe with a large box culvert or replacing the existing 8' by 6' box -with a larger :box: culvert that- could accommodate pedestrian traffic under Dodd Boulevard along North Creek. The project, which is estimated to cost $125,000, could be financed by the Trunk Storm Sewer Fund and possibly park and trail funds. If the culvert is installed this summer, the Corps could send the lower flood elevation to FEMA for final approval. The City. would not have to pursue a flood plain amendment in the future when this culvert is installed, which could save thousands of dollars in staff and consultant time. • CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 1994 PAGE 5 • _ Mr. Nelson recommended that this project be added to the Hamburg Avenue bridge .project, Improvement Project 92-18. Similar large sized culverts will be installed on Hamburg Avenue, and both projects could fall under one DNR . permit. Councilmembers Sindt and Harvey were concerned that the installation of this culvert could cause .problems downstream. Mr. Nelson explained that there are some fairly large ponds downstream to compensate. Councilmember Sindt stated it has been inferred in recent media coverage that flooding on 175th Street, due to the melting snow, was caused by the clean-out of the drainage channel. Mr. Nelson explained that it was a frozen storm sewer within the Countryview Mobile Home Park, and not the channel, that caused the recent flooding. Mayor Zaun asked if this project would have an affect on any policies of the water management organizations in the area. Mr. Nelson stated the project will not require any additional WMO review. 94.31 Motion was made by Sindt, seconded by Mulvihill to authorize the installation of a culvert at Dodd Boulevard for the North Creek drainage channel project. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. UNFINISHED BUSINESS None. NEW. BUSINESS None. ANNOUNCEMENTS Next regular Council meeting, March 7, 1994 Council work sessions, February 26 and March 2nd Mayor Zaun adjourned the meeting at 7:55 p.m. Respectfully submitted, Charlene Fi edges, ty Clerk D ane Zaun,.. yor