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HomeMy WebLinkAbout11-26-84 • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING NOVEMBER 26, 1984 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 Sindt, Enright, Nelson, Harvey and Mayor Zaun. Also present: Roger Knutson, City Attorney; Keith Nelson and Scott Young, City Engineers from Consulting Engineers Diversified; James Robinette, Community Development Director; Steve Michaud, Park & Recreation Director; Patrick McGarvey, City Administrator/Clerk. Mayor Zaun introduced the city staff present at the meeting, Mayor Patrick Akin from the. City of Farmington and some of the other council members and officials from the City of Farmington. At this time the city administrator/clerk attested to the legal notice of the hearing in the Dakota County Tribune and the fact that it was a lead article in the city newsletter mailed out to all mailboxes in the city of Lakeville on November 19, 1984. At this ...time Mr. Keith Nelson presented slides showing the history of the high water problem on Lake Marion beginning in the spring of 1984 up to the present time taken by aerial photography. The .various pictures showed. the high water inundating private property, city streets, and the Antlers Park area adjacent to and near Lake Marion. The slides also showed the water as it eventually flowed out of Lake Marion southeasterly from County Road 64 across Dodd Road into the two 15 inch culverts which exist near the old Lakeville police station. The water began to flow .into .the culverts from the lake on May 4, 1984. Mr. Nelson indicated that the elevation of the lake as measured on November 26, 1984, was 983.6 feet. The proposal would be to construct ~an outlet control at 982.1 feet. Mr. Scott Young .presented the feasibility report. prepared by Consulting Engineers Diversified, Inc. dated October 8, 1984. Mr. Young presented the alternatives which the engineering firm considered and summarized their report and recommendations. He showed cross sections of the proposed channel which would be constructed from County Road 64 over to the existing 15 inch culverts near the old police station. He indi- cated that the reason for the width of the channel was to have a wide enough channel so that the velocity of flow would be slow so as to prevent soil erosion. Mr. Young indicated that the maximum depth from the maximum outflow from lake would be six to nine inches .across the 20 foot wide bottom of the channel. The system would be constructed to handle up to 15 to 20 cubic .feet per second maximum flow, which is all that the two 15 inch culverts can accommodate. • • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING November 26, 1984 At this time the city administrator explained that the staff had recommended to the .council that the financing of :.the 1984-85 Lake Marion outlet control project be paid for .from the storm sewer trunk fund of the city without any .special assessments or special taxing district for this improvement. The reason for the recommendation is that the project is relatively .small in size in relation to the large drainage area which contributes to the lake,. and that the staff felt the possibility for future improvements in the area down stream from the drainage district will be needed as the city grows and develops in future years. At that time special assessments, a special taxing district or other methods of recovering some or all.. of the project costs for the storm sewer improvements would ..most likely be needed. The City Attorney, Roger Knutson, gave a brief report on the status of easement acquisition. He indicated that waivers of trespass forms had been sent to the.. two property owners involved with the first phase of the project with a request that they sign the waivers so that the city could initiate construction work in early December. Negotiation on the permanent easement acquisition or condemnation proceedings will be concluded or started in the .event the waivers of trespass are not forthcoming. Mr. Kent Lokkesmoe, Regional Hydrologist for the Minnesota Department of`-'natural Resources, addressed the council and audience, indicating that the permit from the DNR would be necessary. before construction could begin under terms of the conditional permit issued by the DNR in early 1976. That permit was conditioned upon the city submitting to the DNR complete engineering plans for the project which must meet DNR approval before the city can begin construction of the outlet control facilities. At this time Mayor Zaun opened the meeting to questions and comments from people present in the audience. Mr. Paul Shervold, an attorney .representing Mr. Robert Sayers., ex- pressed his client's concern about the effect the water would have on his property in the city of Farmington. Mr. Young indicated that the City's proposal would ..really be lowering the lake from 983.1 to 982.1 since the lake has been flowing out ever since it exceeded 983.1 in May of this year. Mr. Jim Maples, Business Administrator for All Saints schools, asked about the potential for flooding during a severe storm on the school property and facilities if the downtown storm sewer system is over- loaded with lake water. and other storm water. The engineers. indicated that the outlet control device would have the ability to shut off the flow from the lake at any time, and the lake would be shut off whenever the storm conditions warranted. 2 • • . CITY OF LAKEVILLE SPECIAL COUNCIL MEETING November 26, 1984 Mr. Rick Ringeisen asked the engineers several questions concerning this year's lake level situation. Mr. Tom Rasmussen asked if the DNR plans to develop either of two ponds adjacent to the lake, and Mr. Lokkesmoe indicated that the DNR does not have any plans to enhance these ponds at this time. Mayor Zaun indicated that the City .has no plans to acquire either of the two ponds.. Mr. Rasmussen referred to those located on the north and northeast corner of the lake. Mr. Kent Stever asked about the City policy of acquiring additional storm drainage control ponds as the city develops, and he indicated he thought it was very important. Mr. Nelson indicated that it has been the City policy, and that the City has acquired storm drainage ponding capacity. in or adjacent to new plats as the city develops so as to minimize the increased run off from storms that new development brings. Mr. Joe Neidermayr asked how the DNR determines the ordinary high water level of the lake. Mr. Lokkesmoe explained that you take into account the history of the lake and look at levels as indicated on the natural vegetation and shoreland of the lake to determine what its ordinary high water level is. He indicated that Lake Marion has an ordinary high water level established by the DNR. of 983.1, and that the state regulations would permit an outlet control device at an .elevation of 980.7 up to 982.1. He indicated that the DNR has a permit pending for a 982.1 level. Mr. James Sayers asked about the size of .the grade and culvert under County Road 64. Mr. Nelson indicated that the culvert is 30 inches in diameter and has a grade pitch toward Lake Marion. Mr. Peter Friedges indicated that he felt the term "ditch" was inappro- priate for the water course the City is seeking across the farm fields from County Road 64 to Dodd Road, and he would rather that it be referred to as a "swale". Mr. Gordon Lane asked how far back the DNR investigated records to determine the ordinary high water mark of Lake Marion, and Mr. Lokkesmoe indicated it was as far back as 1900. Mr. George Warweg asked if there are any plans by the City to pump water into the lake when it falls to lower levels, and it was indicated there are no plans at this time. 3 • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING November 26, 1984 Mr. Patrick Akin, Mayor of Farmington, thanked the Lakeville City Council for the good relationship now existing between .the two communi- ties and for the fact that the City had sent its engineering consult- ants to the Farmington City Council .meeting to explain the City's proposal for the Lake Marion outlet control project at .their November 19th council meeting. Mr. Glenn Cook, Consulting Engineer to the City of Farmington, asked who has jurisdiction to set the outlet control size. Mr. Lokkesmoe indicated that the DNR has the authority to issue the permit and approve the plans for the outlet control device, and that under Chapter 509, problems in a watershed need to be worked out on a watershed district basis, rather than just a city basis. Mr. Earl Larson asked what the control level is of a dam located on the Freidheim property on the west side of I-35, and it was indicated that the City would have to look into the matter in order to answer his question. Mr. Gale Sprute, City Councilman from the City of Farmington, asked several questions concerning .the project .and potential effects it may have on downstream property. Mr. Lokkesmoe explained that the DNR looks at the elevation the City is proposing for an outlet control device more than it does the capacity of the device. Mr. Sprute also asked about the effect the project would have on ground water in Farmington and urged the City to make sure they have adequate ponding capacity of the size and need for the cities to work together to solve the water problems. Mayor Zaun thanked Councilman Sprute for his comments and indicated the City Lakeville would work with the City of Farmington to address these concerns. Mr. George Hammer asked if there is a possibility of the city storm sewer culverts freezing up in the downtown area of the city, and the city engineer indicated as long as the water keeps moving, they will not freeze. Mr. James Mayer asked about the connection between the north storm sewer system in downtown Lakeville in connection to the .storm drainage system from the police station over near the apartments on the east side of Holyoke Avenue near Trunk Highway 50. It was indicated that the two systems are not connected. Mr. Glenn Cook, City Engineer for Farmington, indicated he would like to see the City of Lakeville move as soon as possible to develop the storm drainage ponding area the city has acquired in Airlake Industrial Park. 4 • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING November 26, 1984 Mr. Dave Luethe from the DNR Fishers Division indicated they would be requiring that the City include in the second phase of the outlet control project a rough fish barrier, and he also indicated that the DNR may have funds to help construct the barrier. Mr. Kent Stever stated that the City needs to keep in mind the damage the high water has caused to private and public property around the lake and the loss of the Antlers Park recreational facility to all of the citizens of Lakeville and Farmington because it had to be closed as a result of the high water this past year. Mr. Don Atkinson, President of the Lake Marion Home Owners Association, indicated that the association is on record as being in favor of the proposed Lake Marion outlet control project. At this time Mayor Zaun asked the City Council members to ask any questions or state their feelings in regard to the project. Councilman Harvey indicated that the .City needs to take into account the public safety problems the high water has caused in cutting. off road access to neighborhoods on the north and east end of the lake. Councilmember Sindt asked the engineers what the outflow from the lake is today as best they could estimate it, and Mr. Young indicated he felt it was three to four cubic feet per second. She then asked the city attorney if the Vermillion River Watershed Management Organization had control over some of these matters, and Mr. Knutson indicated that they do under Chapter 509. Councilmember Enright indicated that she was concerned with the downstream property owners in Lakeville and Farmington and felt the project was needed, and that the City needs to keep in mind the downstream owners' concerns in_constructing the outlet. Councilman Nelson asked how many field crossings were planned, and Mr. Keith Nelson indicated that at least two were being contemplated in their construction plans, and possibly more, to get from one side of the field to another. Mayor Zaun indicated that the City needs to be concerned and assured that we are not going to inundate downstream property owners and make it clear that the City will establish it as a policy for the future councils to hopefully follow, as well as the present council. 84.619 Motion was made by Enright, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Sindt, Enright, Zaun, Nelson. Time: 9:15 p.m. 5 • • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING November 26, 1984 At this time the city administrator read a draft of a proposed resolu- tion for the council. to adopt which would order the project, approve the engineering plans, award a construction contract and set other policies and conditions concerning the Lake Marion outlet control project. 84.620 Motion was made by Harvey, seconded by Nelson to adopt Resolution No. 84-163 ordering the public improvement, approving the plans and specifications and authorizing the work to proceed for improvement project 84-10, Lake Marion Outlet Control. Roll call was taken on the motion. Ayes, Sindt, Enright, Zaun, Nelson, .Harvey. At this time the City Council took up consideration of a report dated November 21, 1984, from the community development director concerning the possibilities of plowing certain sidewalks in the city of Lakeville which provide walking access by school children by various schools in the city. 84.621 After discussion, motion was made by Enright, seconded by Sindt to approve the guidelines as recommended in the November 21st report establishing a policy of the city plowing certain sidewalks which are used by children for walking to school. along the main roads leading to the schools for the sake of the safety of the school children. Roll call was taken on the motion. Ayes, Zaun, Nelson, Sindt, Enright. Nays, Harvey. 84.622 Motion was made by Sindt, seconded by Enright to approve the purchase of one bobcat model 643 1985 unit with a snow blower attachment in the amount of $13,168 as the .low quote. Roll call was taken on the motion. Ayes, Nelson, Sindt, Enright, Zaun. Nays, Harvey. At this time Mayor Zaun read the proposed ordinance prepared by the city attorney amending the city's sign ordinance to allow additional signs in the central business district commercial area when a free- standing pylon sign is not used. 84.623 Motion was made by Enright, seconded by Harvey to adopt Ordinance No. 258 amending the city sign ordinance. Roll call was taken on the motion. Ayes, Harvey, Sindt, Enright, Zaun, Nelson. 84.624 Motion was made by Harvey, seconded by Sindt to approve the application for six signs from People's Savings & Loan for installation on the Lakeville Mall building as requested. 6 ' • • • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING November 26, 1984 Roll call was taken on the motion. Ayes, Sindt, Enright, Zaun, Nelson, Harvey. 84.625 Motion was made by Enright, seconded by Nelson to approve a minor a variance to Mr. Glenn Thorpe to construct garages on property at 9091 and 9089 207th Street. West, with the variance being a minor variance under the zoning ordinance. Roll call was taken on the motion. Ayes, Enright, Zaun, Nelson. Nays, Sindt and Harvey. The variance was .denied, because it requires a 4/5 vote from the City. Council. 84.626 Motion was made by Harvey, seconded by Enright to authorize the city administrator to commit the City of Lakeville to participation in the Metropolitan Area Management Comparable Worth Study for an amount up to $4,000, a study. which is required by state law. Roll call was taken on .the motion. Ayes, Zaun, Harvey, Sindt, Enright. Nays, Nelson. 84.627 Motion was made by Sindt, seconded by Harvey to affirm the suspension of Shelly Day from her position as bartender at the City of Lakeville for a period of 45 days from October 29, 1984, through December 12, 1984. Roll call was taken on the motion. Ayes, Nelson, Harvey, Sindt, Enright, Zaun. 84.628 Motion was made by Sindt, seconded by Zaun to adjourn the special council meeting at the J.F.K. Elementary School. Roll call was taken on the motion. Ayes, Harvey, Sindt, Enright, Zaun, Nelson. Time: 10:10 p.m. Respectfully submitted, atrick McGarvey, ity Cler Duane Zaun, May r 7 • • • CITY OF LAKEVILLE AGENDA SPECIAL COUNCIL MEETING NOVEMBER 26, 1984 7:00 P.M. J.F.K. ELEMENTARY SCHOOL 1. Roll call. 2. Public hearing on the project to establish a permanent high water outlet control on Lake Marion at 982.1' MSL and the drainage ditch system. a. Attest to legal notice. b. Presentation of the project by city engineering consultants. c. Questions and comments. d. Motion to close the public hearing. e. Resolution ordering the project. and approving the engineering plans and specifications. f. Motion to authorize work to proceed, subject to approval of the plans and specifications by the Minnesota Department of Natural Resources. g. Receive quotes and recommendation from the city engineer on a contract for construction, and award of the contract. 3. Any other business. 4. Adjourn.