Loading...
1993-02-16 Council minutesPage No. 3532 February 16, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 16, 1993 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Councilmember Koch had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the February 2, 1993 regular meeting as amended. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move endorsement of a National Sports Training Center from the consent calendar (item 5m) to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the February 9th Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the February 4th NDC -4 meeting. c. Acknowledgment of the Treasurer's monthly report for January. d. Acknowledgment of quotes received for replacement of the wood retaining wall at the end of Culligan Lane, and authorization for the issuance of a purchase order for wall replacement to Page No. 3533 February 16, 1993 Natural Landscape & Design for its low quote of $4,900. e. Adoption of Resolution No. 93 -08, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR MENDOTA HEIGHTS BUSINESS PARK 4TH ADDITION (ASSOCIATED BUREAUS, IMPROVEMENT NO. 92, PROJECT NO. 4)." f. Acknowledgment of 1993 softball league rules. g. Acknowledgment of a memo from Administrative Assistant Batchelder regarding efforts to apply for federal funding for bike trails and participation in the planning group "Partnerships in Trail Connections." h. Adoption of Resolution No. 93 -09, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL AND CALLING FOR HEARING ON ASSESSMENTS FOR IMPROVEMENTS TO MENDOTA HEIGHTS ROAD (LEXINGTON AVE. TO T.H. 149) IMPROVEMENTS (IMPROVEMENT NO. 91, PROJECT NO. 4)," the hearing to be held on March 16th. i. Approval licenses attached j. Approval February $689,381 of the list of contractor dated February 16, 1993 and hereto. of the list of claims dated 16, 1993 and totalling .43. k. Acknowledgment of information regarding Parks and Recreation Commission election of officers for 1993. 1. Approval of the reservation of the Roger's Lake Park tennis courts and either the Marie Park or Wentworth Park tennis courts by St. Thomas Academy from April 1st to June 1st, from 3:15 p.m. to 5:15 p.m., Monday through Friday. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 SPORTS TRAINING CENTER Council acknowledged a memo from Administrative Assistant Batchelder regarding Page No. 3534 February 16, 1993 a letter from the City of Minneapolis requesting city support for a feasibility study to examine the potential for a national sports training center in the Fort Snelling area. Council also acknowledged a letter prepared for Council approval by Administrative Assistant Batchelder in response to the request. Councilmember Smith stated that the study will come at some cost, and asked if the city, by approving the concept, will be taking on the responsibility for a portion of the cost. She further stated that, after reading the prospectus, she could not see any benefit of such a center to Mendota Heights residents. Assistant Batchelder responded that he did not think the city would have any financial responsibility and that Minneapolis is applying for funding from the state for preparation of the study. He explained that he believes the center would operate like the Blaine facility, which is open to the public. He described that facility, stating that it is nice enough to have attracted Olympic trials, and stated that Minneapolis would like to have such a facility. He informed Council that the support of a number of communities for the concept should help Minneapolis get funding, but that the support should not cost the city anything or commit the city to any funding. Councilmember Huber stated that he also is concerned and that he would support a "toned down" letter. Councilmember Krebsbach stated that she is interested in getting more information rather than supporting the concept at this time. It was the consensus that Council could support the concept as long as that support does not commit the city to any costs. Councilmember Huber moved to approve the Park and Recreation Commission recommendation of forwarding the letter to the Minneapolis Park and Recreation Board in substance but as amended in the following respects: second paragraph, to insert could be (a unique opportunity) and the third paragraph to add Page No. 3535 February 16, 1993 the exploration (of an operating partnership). Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HEARING IVY FALLS Mayor Mertensotto opened the meeting for the CREEK ASSESSMENT ROLL purpose of a public hearing on a revised assessment roll for the Ivy Falls Creek improvement project (10% reduction in the originally adopted assessment roll, as discussed by Council on December 15, 1992). Council acknowledged an assessment appeal from Erik Miller and a letter from Mrs. Joan O'Brien. Mayor Mertensotto informed the audience that the hearing was called for procedural reasons - after adoption of the original assessment roll for the project, wherein 31 properties along the creek were assessed, Council accepted the recommendation of legal counsel for one of the property owners to look at also assessing three parcels of land owned by the Ivy Falls Homeowners Association. He explained that on December 15th Council decided to transfer 10% of the $150,000 total assessment roll to the association parcels, thus reducing the original assessments by 10% each. Mayor Mertensotto stated that the City Attorney subsequently recommended that a formal hearing be held on the assessment reductions. Mayor Mertensotto asked for questions and comments from the audience. Mr. Allen Taylor, 1297 Sylvandale Road, stated that he feels Council should give consideration to the way the association parcels are assessed. He felt that Council is obligated to assess all properties the same with respect to value but that the three parcels are not being assessed on the same basis as the other properties, which are assessed on square footage and front footage. He suggested that the same criteria be used for the association lots to make the assessments more equitable. Mayor Mertensotto responded that the three parcels owned by the association are not improved lots and the potential market value for the 31 parcels along the creek could be adversely affected if the project is not done Page No. 3536 February 16, 1993 because the creek is eroding. He pointed out that if the project is not done there would be no affect on the unimproved lots owned by the association, at least not to the same extent as the 31 improved properties. Mr. Taylor stated that it appears to him that Council is required to assess all properties equitably and not with respect to values. He felt that it is unfair to just pick an amount to assess against the association parcels, that there must be some rationale to the amount proposed for the association parcels. Mayor Mertensotto responded that the assessing of the association property will require a public hearing - the parcels are not proposed to be assessed as part of the assessment roll being considered this evening. He stated that Council proposes this evening to reduce the assessable project cost ($150,000) by $15,000, reducing all of the previously adopted assessments by 10%. He informed the audience that while the assessing of the association property is related, from a technical standpoint the hearing this evening is not considering the assessment of those lots. He pointed out that the city will need to acquire easements over two of the association properties and that the assessment of the lots may be a negotiating point in the future. City Attorney Tom Hart stated that there is a legal basis for distinguishing between different classes of property (for the purpose of assessing) and that there are two different classes of property involved. The undeveloped property owned by the association is not capable of being developed in the future and is clearly a different property class from the 31 lots residential lots proposed to be assessed this evening. Mr. Ellis Abrahamson suggested that fill be brought in to build up the creek in the winter rather than spending $1 million on a project, and that it seems more logical than getting easements to do work in the summer and fall when properties can be damaged during construction. Engineer Klayton Eckles explained engineering aspects of the project, informing the audience that staff is still developing a list of Page No. 3537 February 16, 1993 details to look at. He stated that staff feels the best time to do construction would be after the spring rains but probably not in the dead of winter.. He further stated that a haul road as a single point of access is planned, rather than crossing properties. Responding to a question from Councilmember Krebsbach about whether the creek can withstand another spring, he stated that what really hurts is the very large storms which cannot be predicted at this time. Councilmember Smith stated that some of the properties are really in jeopardy, and asked if there is any way immediate or temporary work can be done to help those properties. She also asked if sandbags could be used temporarily for six months so that those properties are not damaged while the project is being done. Engineer Eckles responded that he would not be concerned unless there were a severe storm, in which case he does not know how well sandbags would work. He further stated that temporary work would be difficult and that the entire project is needed. Councilmember Krebsbach felt that a contingency plan should be developed for emergency circumstances. Mayor Mertensotto stated that on one property the creekbed is within eight feet of a retaining wall. He directed staff to have Barr Engineering see if some temporary work can be done so that there is no damage to the structure on that lot, or two other lots in jeopardy, in the event of heavy rain. Councilmembers Krebsbach and Smith agreed, suggesting that measures be taken to protect those properties while the project is being done as well. Dr. Denis asked if an EIS has been done on how the project will affect his property. He stated that what is planned will have a very adverse affect on his property, and asked to what extent his property has been looked at. He felt that the plan will have a negative impact on his property and the environment around the property, that his tennis court and several trees will be put in jeopardy. He informed Council that he believes the project is necessary but that his property will be Page No. 3538 February 16, 1993 adversely affected and he is proposed to be assessed $8,000. Mayor Mertensotto pointed out that the city is involved in the project because of extensive disturbance to properties along the creekbed. He indicated that he is familiar with the property, formerly owned by the Hilger family. He noted several problems that the property has had in the past and stated that filling has occurred on the property along the creekbed, which decreased problems on the lot but had an adverse impact on an adjoining lot. Public Works Director Danielson informed Council that the culvert is washing out under Sylvandale. He explained that all properties will be restored after the construction is completed, and informed Council that an easement from Dr. Denis will be necessary. Mayor Mertensotto stated that Dr. Denis' resale value will be improved after the project is completed. Councilmember Huber asked Public Works Director Danielson to comment on Dr. Denis' claim that his property will be damaged. Public Works Director Danielson responded that originally the project was proposed to be done in two phases. At that time, he met with Dr. Denis and explained the proposed work in the neighborhood. One of the concerns is that a big cottonwood tree is being undermined, and it is proposed that the tree be removed as part of the project. Dr. Denis responded that removal of the tree will not be a problem for him but that a construction easement over his property could result in damage to the root system of his trees and could cause damage to his tennis court. He was concerned that if the root structure is damaged, the stability of his land will be damaged. Public Works Director Danielson responded that staff will not design a project which will damage the Denis property. Dr. Denis stated that he has two primary questions, the first being will his property benefit. The second concern is that by taking Page No. 3539 February 16, 1993 an easement the city will adversely affect the trees and environment, and create a condition where the dirt will not be as stable as it has been for years, thus creating potential for future damage to his house. He stated that the project will create a steep incline on his property. Public Works Director Danielson stated that the easement is just to give the city a right to drain water across the Denis property, where the water currently drains. He stated that the project will reduce the flow of drainage and will improve the property adjacent to Dr. Denis' so that it eliminates the potential for the future damage Dr. Denis has described. He further stated that the intent is to do exactly opposite of what Dr. Denis has stated, and will re-route the creek which takes a dramatic turn right at the Dennis property. The project will straighten the slope out so that the creekbed does not take such a dramatic turn. Engineer Eckles reviewed a rough sketch of the creekbed along the Denis property, noting that the design has changed since it was originally presented to Dr. Denis, and he suggested that staff meet with Dr. Denis to review the cross- section drawings. He explained that there is a steep drop behind Dr. Denis tennis court, much erosion and an exposed bank. It was his opinion that the tennis court is currently in more jeopardy than it will be when the project is completed. Mr. Taylor stated that he is grateful for a reduction in his assessment but still feels the amount being assessed on his lot is unfair and that he will appeal it. Dr. Denis submitted a written objection to his proposed assessment. Mr. Curt Butte and Mrs. Harry Hammerly expressed their support for the project. There being no further questions or comments, Councilmember Huber moved to close the hearing. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Page No. 3540 February 16, 1993 Councilmember Huber moved adoption of Resolution No. 93-10, "RESOLUTION ADOPTING AND CONFIRMING REVISED ASSESSMENTS FOR IVY FALLS CREEK IMPROVEMENTS (IMPROVEMENT NO. 91, PROJECT NO. 6).11 Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Staff was directed to meet with Dr. Denis to review the project plans after they have been formalized. MENDOTA INTERCHANGE Council acknowledged a report from Public FINAL PLANS Works Director Danielson regarding approval of the final plans and specifications for the Mendota Interchange Project, along with a copy of the layout plan. Mr. Bruce Libby was present to represent Mn/DOT. Public Works Director Danielson explained that the Mn/DOT project includes completion of the Mendota Bridge reconstruction and completion of the Mendota Interchange Project which includes upgrading all of the roads that intersect at the end of the bridge which it is down. He described new T.H. 55 and 13 and reviewed the project plans, including trail construction. He explained that the City's plans and specifications for the extension of utilities to serve St. Peter's Church and sanitary sewer to the City of Mendota will be incorporated into the Mn/DOT project for bidding purposes. Councilmember Krebsbach felt that a trail along the north side of T.H. 110, continuing down into Mendota, would be more useful than the trail planned on the south side. She did not feel that the needs of the families who walk along Victoria Curve and the congregation members who walk to the synagogue are being met. She also asked if the interchange will look like a freeway interchange. Public Works Director Danielson responded that there is a stub trail on the south side and explained that it would be very difficult to build a trail on the north side because it would involve crossing the wetlands near city Hall and the grade of the frontage road going into Mendota is very steep. With respect to the appearance of the project, he stated that Mn/DOT has tried to get away from the freeway look by using more at grade intersections. Page No. 3541 February 16, 1993 Councilmember Krebsbach asked what is planned for plantings at the intersections, pointing out that there are many trees in the boulevards now. Mr. Libby responded that everything will be re-seeded into wildflowers as much as possible and there will also be a tree planting scheme, prepared by Mn/DOT landscape architects, but that landscaping will not be addressed until after the project is done. Councilmember Smith asked about trails and use of the railroad right-of-way. Administrative Assistant Batchelder responded that Dakota County has been working with Mn/DOT about getting an underpass where the Soo Line crosses under the frontage road to Mendota and also where new T.H. 13 crosses over the Soo Line tracks. The Dakota County staff is going to the Physical Development Board on February 23rd to discuss funding. He stated that if funding applications are granted, they would pay for the improvements, but if Dakota County must fund the improvements without grant money, he was not sure what will be possible. Mr. Libby stated that he is working with Dakota County, and that Mn/DOT has agreed that if the money and plan are forthcoming, Mn/DOT would put in the proposed tunnels as part of the project. Mayor Mertensotto stated that staff should alert the County that Mn/DOT is going to bid on May 28th and the county would have to pay for any changes after that time. He felt that the county should be given an April 15th deadline for a response so that Mn/DOT can make any needed changes to its plans before the bid date. Assistant Batchelder stated that the County has already been alerted but that he will remind them. Administrator Lawell asked Mr. Libby if the negotiations with Soo Line over the right-of- way have been finalized. Page No. 3542 February 16, 1993 Mr. Libby responded that negotiations are well under way, and that trains will never run on the right-of-way: the tracks will be taken out this year, and Mn/DOT will acquire the railroad right-of-way from Mendota Heights Road to about I-35E. Councilmember Krebsbach stated that the plans do not recognize that there are some mature trees between the lanes of T.H. 110 and at T.H. 55/110. She asked if approval of the plans can be conditioned upon replacement of those trees, and stated that she cannot vote to approve the plans unless those plans recognize this tree replacement. Mr. Libby responded that Mn/DOT is trying to save as many trees as possible and that there will be a landscape plan but he cannot now say what the plan will be. Mayor Mertensotto asked if Mn/DOT can give assurances that it will try to save as many trees as possible or, alternatively, that the trees which are lost will be replaced. Mr. Libby assured Council that as many trees as possible will be saved and that a landscape plan which will include trees will be designed after project completion. He explained that landscaping is the responsibility of Mn/DOT's landscaping division. Mayor Mertensotto asked Mr. Libby to submit a letter from Mn/DOT stating that the agency will provide a landscape plan which will include the replacement of trees at the intersection of T.H. 110/55. It was the consensus to table the matter to the March 2nd consent calendar, subject to receipt of a letter from Mn/DOT regarding landscaping and tree removal/replacement details. DOWNTOWN SURVEY Council acknowledged a memo from Administrator Lawell regarding preparation of a community survey regarding the downtown Mendota Heights area and recommending that the firm of Decision Resources Ltd. be retained to assist in the survey process. Council also acknowledged a proposal from Decision Resources and a copy of a letter from Administrator Lawell to Mn/DOT regarding the Page No. 3543 February 16, 1993 city's consideration of the use of a survey to help determine the public's needs and desires for the T.H. 110/149 area and requesting a Mn/DOT delay in acting on releasing the right- of-way in the area. Mayor Mertensotto stated that Decision Resources is estimating a basic cost of $5,000 to contact 400 households for responses to a 25 question survey, and is also talking about an increase in the time needed for developing a format and setting out the questions. He further stated that he would like Decision Resources representatives to appear at the next Council meeting so that Council can get a better handle on costs, and what would be envisioned as additional costs. He also felt that Council should see the form of contract before approving the proposal, and that there should be immediate press releases about the survey in the Sun and Southwest Review. Councilmember Krebsbach asked if all residents could get a survey and mail in their responses. Administrator Lawell responded that this possibility has been explored but that from a statistical standpoint Decision Resources has more confidence in a random sample. PROSECUTION SERVICES/ Council acknowledged a memo from Administrator COUNCIL WORKSHOP Lawell regarding RFP's for prosecution legal services received from seven legal firms and recommending that interviews be conducted at a Council workshop. Council also acknowledged information submitted by Police Chief Delmont illustrating the comparisons of the seven quotations received. Council also acknowledged a memo from Administrator Lawell suggesting that discussion of various policy issues be placed on the agenda of the workshop, following the interviews. Councilmember Krebsbach moved to select the firms of Winthrop & Weinstine, Hughes & Costello, Karney & Smith, and Levander & Gillen for interview before Council and to schedule a Council workshop at 7:00 p.m. on Tuesday, March 16th, for the interviews and discussion of policy issues including the Page No. 3544 February 16, 1993 downtown survey, air noise and development of a tax increment financing policy. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmemb'er Krebsbach informed Council that she will be absent from the March 16th regular meeting. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:25 o'clock P.M. M Aathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor