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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Meeting Minutes <br />July 28, 1998 <br /> <br />Page 4 <br /> <br />Council Business. continued <br /> <br />Proper presented the bids for the Kari Ln./Long Lk. Rd. Relief Storm Sewer Project. <br />Three bids were received and all were very close which indicates good competitive bids. <br />The low bid, Thomas and Sons - $264,218.70, is in excess of the original estimate of <br />$256,600. Adjustments in engineering costs, inspections, replacement of a larger <br />portion of Long Lk. Rd., catch basin modifications, and contract administration <br />provided for a revised estimate of $336,000. <br /> <br />Proper stated that only two of the seven property owners have signed the protective <br />covenant form. Because the remaining are unwilling to grant restrictive covenants, staff <br />recommends the bid be postponed to August 11 to allow for signature submittal. The <br />covenants would restrict future filling of the low area between Kari Ln. and 16th Ave. to <br />prevent flooding after construction of the relief storm sewer. <br /> <br />Benke asked if there is some indication why the signatures were not received. Proper <br />said each resident agrees there should not be regrading or additional structural changes, <br />but some felt the language would appear as a red flag during future home sales. At a <br />recent meeting with residents, staff presented modified language which would eliminate <br />concerns regarding future home sales. At that time, staff believed the remaining <br />residents would sign the new documents. <br /> <br />Joan Krueger, 1394 Kari Ln., noted frustration the signatures have not been received <br />especially when her home was severely damaged by 19 inches of water last July. <br />Benke acknowledged Krueger's frustration, and is at a loss why the remaining signatures <br />have not been received. The covenants are required so that future owners are prohibited <br />from regrading which could potentially reduce the storm sewer's capacity. <br /> <br />A resident asked if the City could adopt an all exclusive resolution prohibiting filling of <br />low areas. LeFevere would not recommend imposing restrictions throughout the City. <br />Covenants are required in this case because of the critical need and the area's potential <br />for future flooding. The resident asked if the City can impose a restriction without <br />requiring legal documentation. LeFevere said to some extent the City could impose <br />restrictions before a housing development is constructed, however, at this time covenants <br />would be the most proper method. <br /> <br />Benke explained that the covenants will protect the storage capacity for current and <br />future property owners. <br /> <br />Motion by Samuelson, seconded by Hoffman, to DEFER THE BIDS FOR THE KARl <br />LANE/LONG LAKE ROAD RELIEF STORM SEWER TO AUGUST 11, 1998; <br />AND DIRECT STAFF TO CONTINUE CONTACT WITH THOSE INDIVIDUALS <br />WHO HAVE NOT SIGNED THE COVENANT DOCUMENTS. <br /> <br />4 Ayes - 0 Nayes, Motion Carried. <br /> <br />Senior Planner Erny Mattila presented a site plan review and setback variance for Super <br />America (SA) to construct a store at 2010 Silver Lk. Rd. The Planning Commission <br />previously considered and denied the proposal on April 15, 1997, due to a presented <br />lack of hardship and basis for the variance. The variance stems from an encroachment <br />into the 30 ft. setback area along Rice Creek Rd. Being the existing store and canopy <br />would be demolished, the site would not contain any existing confinements. <br /> <br />Council Business <br /> <br />Kari Lane/Long Lake <br />Road Relief Storm <br />Sewer Project <br />Report 98-154 <br /> <br />SA Site plan and <br />Setback Variance <br />Report 98-155 <br />Resolution 98-075 <br />