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1992-07-21 Council minutesPage No. 3354 July 21, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 21, 1992 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 Blesener, Koch and Smith. Councilmember Cummins had notified the Council that he would be absent. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting, revised to move items 4c, neighborhood park bleachers, and 4h, designation of park referendum funding, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 14th Park and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for June. c. Approval of a part -time Recreation Programmer job description and approval to begin the recruitment process for the position. d. Approval of a modified critical area site plan to allow construction of a home for Alden Landreville at 1010 Sibley Memorial Highway, along with waiver of the critical area fee. e. Acknowledgement of bids received for Kensington Park improvements and award of contracts to the following low bidders: Viking Fence, $29,868, for chain link Page No. 3355 July 21, 1992 fencing; Albrecht, $10,600, for irrigation system; Blaeser Landscape, $20,000, for landscape plantings; Blaeser Landscape, $3,000, for precast block retaining wall; Phase Electric, $15,250, for electric system /service, parking lot lights and lightning protection; Earl F. Anderson, $16,170, for park furnishings including bleachers; M.F. Fleischhacker, $18,546, for concrete landscape curbs, walks and pads; M.F. Fleischhacker, $20,140, for concrete block concession and picnic building; B.T.L. Construction, $41,897, for lumber, materials, doors and all carpentry work; Jim Murr, $13,789, for building plumbing and irrigation hook -up. f. Adoption of the following policy statement on tot lots: "Tot lots are not an encouraged park use in the City of Mendota Heights. They are considered an urban park use where the lack of space and higher densities make them a necessity. Mendota Heights parks are designed for suburban land uses and for economy of scale in maintenance. The neighborhood park concept is the preferred park use in Mendota Heights and begins with a recommended 5 acre minimum size to provide adequate amenities and efficient economy for maintenance." g. Approval of the list of contractor licenses dated July 21, 1992 and attached hereto. h. Approval of the list of claims dated July 21, 1992 and totalling $1,348,110.83. i. Authorization for the Fire Relief Association to operate the Mendakota Park concession stand on July 25th in conjunction with the Over 30 Men's League tournament. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 BLEACHERS Council acknowledged a memo from Parks Project Manager Guy Kullander recommending the purchase of eight additional bleacher units in the Kensington Park bid, one bleacher to be Page No. 3356 July 21, 1992 installed at each of the eight neighborhood park ballfields. After brief discussion, Councilmember Blesener moved to authorize the addition of eight bleachers in the Kensington Park bid. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 REFERENDUM FUNDING Council acknowledged a memo from Administrative Assistant Batchelder regarding a recommendation from the Parks and Recreation Commission that Council designate $200,000 of the uncommitted referendum as land acquisition money to be held in reserve. Mayor Mertensotto stated that the remaining fund balance from the two -part bond referendum is about $373,000, and approximately $170,000 of that amount has been committed. He further stated that the recommendation which came out of the joint meeting with the Park Commission was to set aside the uncommitted $200,000 as a reserve for the future acquisition of park land as it becomes available. Councilmember Smith stated that there is no estimate yet for the Kensington north park and that she would like to add a commitment that if the funds are needed for current commitments they can be taken from the reserve if needed. Councilmember Blesener pointed out that there is a balance of $363,000 in the Special Park Fund which can be drawn on. Councilmember Smith responded that current commitments must come before land acquisition and that referendum monies should not be used for anything but current commitments or land acquisition. Councilmember Blesener stated that she is also concerned about designating the funds since land may not become available for purchase and suggested that acquisition be designated as a priority for the funds. She did not feel a formal motion on the matter is necessary, since the referendum funds were intended to be used for land acquisition. Page No. 3357 July 21, 1992 -- Treasurer Shaughnessy stated that he would carry the unexpended bond proceeds in the park construction fund until all of the park projects are completed Special Park Fund, after which time the funds would be carried in the Special Park Fund with the intention that they be used for future land acquisition. PUBLIC COMMENTS Mr. Ronald Smith, 2357 Swan Drive, was present regarding a recent newspaper article on the prohibition of horses from trails and improved park areas. He stated that he has owned horses for 20 years and that several people have contacted him to express displeasure with the change in policy. He further stated that everyone he knows who ride horses on the trails are conscientious about disposing of the horse droppings and the he is not aware of any accidents caused by horses on the trails. He noted that Mr. Tom Burrow had received a letter from the city, and that Mr. Burrow derives his income from boarding horses and would be put out of business if the prohibition is enforced. He asked why the policy is being changed when there has been no problem. Mayor Mertensotto responded that the news release was intended to alert people that there is an ordinance prohibiting horses from the improved areas of the parks including trails. He pointed out that trails are very expensive to construct and maintain and are used a great deal, and droppings from animals is a problem. He felt that the intent of the article was to alert people that the trails were built for everyone to use and that there must be consideration from all types of users - it was not the intent to issue violations unless there is a problem. He further stated that although the ordinance has been in place for some time it has not been enforced. Administrator Lawell informed the audience that letters have been sent to all horse owners, not because of misconduct of the owners or the horses but because of the droppings and complaints from those using the trails. He stated that the ordinance has been in existence for some time and the restrictions are not new, and that pedestrians have experienced problems with droppings. The result of the recent Council action was that Page No. 3358 July 21, 1992 if the police department were to receive complaints they would pursue the complaints. Councilmember Blesener stated that by the action taken, Council was sending clear notice to horse owners and riders that Council is concerned and that there is an ordinance which will be enforced. She pointed out that Council is not changing policy, just giving warning that complaints have been received and there is a law which will be enforced. She further stated that it is not Council's intent to put Mr. Burrows out of business. Mr. Smith responded that if it is the intent of Council to put everyone on notice to be considerate and to pick up droppings, he would be very happy to bring that message back to the owners and Mr. Burrows. Councilmember Smith asked if some trails could designated for use. Mayor Mertensotto stated that the city must either enforce the ordinance or take it off the books. He further stated that complaints are being received and it is not Council's desire to put people out of business but to notify all of the individual users of the trails to be considerate. Administrator Lawell stated that the intent is not to prohibit horses from the city but from the improved areas of the park system. He pointed out that if it is not the intent to enforce the ordinance, the ordinance should be revised to allow the continued use of horses on trails, which is expressly prohibited by the ordinance. Councilmember Koch suggested that perhaps horses should be subject to the same restrictions as other pets. Mayor Mertensotto suggested that perhaps riding could be allowed in the Bunker Hills area. Mr. Smith responded that riding around Rogers Lake is very pleasant in the winter and that it also is a connecting point to Sunfish Lake and around Resurrection Cemetery. He stated that no one who rides horses wants to ride on blacktop and that the problem will possibly take care of itself now that the trails are paved. Page No. 3359 July 21, 1992 Councilmember Blesener suggested that regulations could be adopted to require riders to pick up droppings and that horses on trails cannot be shod. Councilmember Smith stated that horse riders have had something taken away from them because they have used the trails in the past. She felt they should be accommodated but that others who use the trails must be protected as well. Mayor Mertensotto suggested that if there is right-of-way outside of the paved trail areas horses could be allowed there and restricted from the paved areas. Public Works Director Danielson responded that there are trails which are wide enough for horses to be ridden adjacent to the trail, but that along Marie Avenue could not be used because it is urbanized, as are other trail sections. As the result of the discussion, the matter was referred to staff to determine whether the ordinance can be revised to permit controlled use of horses. PUBLIC COMMENTS Mrs. Barb Carlson, 993 Downing, was present to complain about burning from a home incinerator. She stated that she has contacted the police and was informed that the Fire Department has indicated incinerators are allowed. Mayor Mertensotto stated that incinerators are restricted and that there is currently a waste management act which requires every one in the city to have a contract with a refuse hauler. Administrator Lawell stated that there is a restriction against burning garbage in an incinerator and that the police department has recently prosecuted someone for burning in an incinerator. He stated that he is certain that incinerators are prohibited. MENDOTA PLAZA SIGN Mr. Ed Paster was present to request an CRITERIA amendment to the Mendota Plaza sign criteria. He informed Council that the Old America store is open and is experiencing an identification problem. He stated that people are not aware Page No. 3360 July 21, 1992 that Old America does pottery and crafts and advertising has not helped. The store would like to incorporate "Pottery and Crafts" into its sign. Mayor Mertensotto informed Mr. Paster that staff has recommended that the city sign ordinance be revised as it applies to the Plaza so that the request can be accommodated. He asked if the proposed ordinance amendment is restrictive enough that it applies only to the requested change or if it would allow something that is not intended. Public Works Director Danielson responded that the amendment would allow the language to be added to the anchor tenant (old America) space only. Mayor Mertensotto suggested that a special use permit could be issued for old America rather than amending the ordinance, then if the space is vacated the permit would no longer be in effect. After discussion, Councilmember Blesener moved to issue a special use permit to the Old America Store to allow the addition of "Pottery and Crafts" below its sign in the blue band at the Mendota Plaza. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 WEED ORDINANCE Council acknowledged a memo from EXEMPTION (HERZOG) Administrator Lawell relative to a request from Mr. Richard Herzog for an exemption to the weed ordinance for 703 Maple Park Court. Mr. Herzog, present for the discussion, stated that the important point in the memo is that he would like to present his argument that the ordinance interpretation is not the answer to what he is trying to deal with. He informed Council that there is a difference of opinion in his neighborhood about the environment of the neighborhood. There is a very mature woods on about half of his property and the understory under the trees had been converted to lawn before he purchased the property 12 years ago. He did not feel that the lawn and trees are compatible - that trees need an understory of natural growth to sustain the forest - and the tree were dying. He stated Page No. 3361 July 21, 1992 that a landscape architect visited him and recommended that the understory be immediately allowed to grow in its natural state, and that program was started 12 years ago. He distributed a sketch of the yard, noting that the lot is about one acre, irregular in shape, and surrounded by large mature trees. He stated that the idea was to have a clearly defined lawn and woods behind it, that there are no weeds in the lawn area and that the woods area has been allowed to grow naturally. He further stated that he does not use chemical pesticides or weed killers and does not cut any weeds unless they are obnoxious. Recently the county agriculture department sent someone to his home and identified Canada thistle, which he has since cut down. He informed Council that one of his objectives in establishing the woods is to attract wildlife and that he is fighting to preserve the woods in its natural state, which means an understory of bushes, small trees, grasses and weeds of a non - noxious variety. He felt that it would be counter - productive to cut the woods area and that increasing numbers of people are opting to take the natural approach to yards and chemical use, weed - killers, etc. He stated that the ordinance does not take into consideration weeds in wooded areas as opposed to weeds in lawns and asked for an exemption from the ordinance to protect the woods and wildlife habitat. Mrs. Kitty Goodrich, 1157 Cascade Lane, a neighbor to the Herzogs, stated that she is opposed to the exemption. She informed Council that Mr. Herzog has only stopped cutting the lawn in the last three years. She explained that early in 1989 there was a pile of brush along the border between their properties and she asked Mr. Herzog when he was going to clean up the area. He responded that he wanted to do things naturally and that he had too much lawn to cut. Within the next week the brush and branches along the property line doubled, and the situation gets worse each year. She informed Council that early in May she called the weed inspector to complain about thistle and the thistle has since been cut but many of the seed heads are still there and thistle is now getting into her yard. She further stated that periodically garbage is dumped in the woods area. She presented pictures showing the lot, the thistle seed Page No. 3362 July 21, 1992 heads, a pile of logs and the garbage that had 1 been deposited. She informed Council that the pictures were taken after the thistles were cut and stated that there are still thistles growing and a six foot burr plant along the property line. She stated that she opposes the exemption. Mr. Dave Bolander, 711 Maple Park Court, also a neighbor, stated that he sent a letter to the city in June, with pictures. He informed Council that about 10% of the thistle is still up and the property looks worse than before. He stated that he owns a demolition landfill that looks nicer than his neighbor's yard. Mayor Mertensotto stated that the pictures are self - evident and the pictures show egg shells and other garbage. Mr. Herzog responded that he has been using garbage around the trees and bushes and that there is a very steep hillside on the property that was all grass and it practically washed out until he allowed the weeds to grow. He stated that he has being trying to build up the hillside and planted 14 pine trees along it and all of them died. He placed garbage around the bushes to try to get vegetation to grow in that location. Mayor Mertensotto stated that while garbage may serve as organic fertilizer, there are probably other organic fertilizers that would work and would not be so objectionable. He asked if Mr. Herzog intends the wooded area to serve as screening from the neighbors. Mr. Herzog responded that he intends to manage the hillside between his property and the Goodrichs', that he must build up the area and get trees on it. He stated that he gets run- off from the Goodrich and Bolander properties. Councilmember Blesener pointed out that there are many other ways to control erosion such as creating berms and more typical landscaping rather than natural growth. Mr. Herzog responded that short of building a retaining wall what he is doing is the most natural way to manage the hillside. Mayor Mertensotto pointed out that there is an on -going conflict on natural versus controlled Page No. 3363 July 21, 1992 growth and a state statute provides that there cannot be any noxious weeds. He stated that he can understand the neighbors' concerns about letting thistle grow and that he has difficulty understanding what Mr. Herzog is asking. He asked whether Mr. Herzog is asking for an exemption to the extent that he cannot comply with the ordinance. Mr. Herzog responded that he is asking that the weed ordinance not be enforced in a wooded area of property - the ordinance makes no distinction between woodlands and pasture, etc. but the statute does provide exemption for forests in public parks. He felt that there should be provisions in the ordinance to deal with lawn areas and another for wooded areas. Mayor Mertensotto stated that he has a half acre lot on which 62 trees are growing and that although he does not let weeds grow the trees have not died. He stated that he does not understand why Mr. Herzog must put garbage out and let the area grow wild. Councilmember Blesener stated that Mr. Herzog has suggested that there are many ways to allow trees to grow and the method chosen by Mr. Herzog is not compatible with his neighborhood. She stated that there are some cases where natural growth would be acceptable but felt that in this case it is not. She felt that Mr. Herzog should be planting more traditional ground cover instead of letting the natural growth take off and that many other things would grow given proper soil treatment. Administrator Lawell informed Council that when he visited the Herzog property with the Dakota County Agricultural Service representative it was specifically mentioned that the thistle would be bagged and removed. He asked whether Mr. Herzog intended to do so. Mr. Herzog responded that at this point he would stick to the wording of the ordinance. City Attorney Hart stated that the intent of the ordinance and statute is to prevent the spread of noxious weeds and that he believes the weeds must be removed by ordinance. Page No. 3364 July 21, 1992 Mrs. Goodrich asked if there is a deadline for removal of the weeds. Councilmember Koch responded that the ordinance requires cutting and removal once every three weeks. Mayor Mertensotto stated that the intent of the ordinance is to prevent the proliferation of weeds and seeds and that the weed ordinance is in place because of the statute. He pointed out that people are allergic to pollen and seeds and stated that he does not feel that what was presented this evening is a basis for amending the weed ordinance. He informed Mr. Herzog that he must do something about the thistle. Administrator issues before noxious weeds removed. The asking for an 12 inches for Lawell stated that there are two Council. One issue is the and seed heads which must be second is that Mr. Herzog is exemption on growth of more than other than noxious weeds. Mr. Bollander stated that 20% of the thistle has not been cut and that it has been three years since Mr. Herzog has cut the lawn. There is a pile of logs in the yard, which includes dutch elm diseased trees which have been cut down but not de- barked. It was the consensus of the Council that the ordinance should be enforced as written. HEARING - LONDON/ Mayor Mertensotto opened the meeting for the DOWNING STREETS purpose of a public hearing on proposed street rehabilitation and reconstruction in the London /Downing area. Council acknowledged a report from Engineer Eckles and written objections from Patricia Albertson, 995 Winston Circle, and Vern Colon, 994 Winston Circle. Engineer Eckles stated that the streets included in the proposed project are London Road, Downing, which need reconstruction, and Winston Circle and Winston Circle which are proposed to be rehabilitated. The streets are about 25 years old and were constructed with surmountable curb, an inferior design and poor sub - grade. The streets have been scheduled for work for a number of years, but have not been addressed because of financing concerns. Page No. 3365 July 21, 1992 He stated that Council recently adopted a street rehabilitation policy to help in projects such as this. With respect to London, Downing and Brompton, he stated that the underlying subgrade is inferior and should be removed and replaced, and the curb is inferior and not working properly and should also be removed and replaced. He recommended that the streets be completely reconstructed but stated that another option would be to partially reconstruct the streets, removing curb sections and rebuilding the street, but that the end product would not meet city standards. He stated that Winston Court and Circle and the end of Brompton Court are about 15 to 20 years old and are in better condition than London /Downing: the streets were built to city standard with curb and gutter. He pointed out that there are drainage problems and some failures in the subgrade. He stated that although they are not the worst streets in the city, they should be rehabilitated at the same time as the London /Downing reconstruction occurs. Mr. Eckles informed Council and the audience that reconstruction of London, Downing and a portion of Brompton is estimated to cost $184,000, built to city standards with some storm sewer work. Assessments would cost about $7,000 per lot, but with the street rehabilitation policy in place for this type of project, the street rehabilitation fund would finance about 50% of the project, reducing the assessments to about $3,400 per lot. Assessments would be payable over 19 years at an interest rate between 7% and 8 %. Rehabilitation of those streets would be less expensive, about $100,000, but because the streets would not be built to city standards, the city would not share in the costs (under the street rehabilitation policy), and the assessments would be about $3,700 per parcel. He stated that Winston Court /Circle and part of Brompton are in much better condition and rehabilitation would add about 15 to 20 years to their useful life. The rehabilitation policy allows city participation up to 50% of the cost of rehabilitation, because the streets were originally constructed to city standards. The total cost for this portion of the project is estimated at $43,000, and Page No. 3366 July 21, 1992 approximately $900 would be assessed against each lot. Mayor Mertensotto asked for questions and comments from the audience. Mr. Mike Weiner, 1027 London Road, asked how certain Engineer Eckles is of the cost estimates and if the city would later come back and say there was an over -run on costs. He also felt that the proposed interest rate is too high. Engineer Eckles responded that the cost estimates were made in the feasibility report for the project, using averages of projects and the current market, and that the estimate will likely be higher than actual cost. He informed Mr. Weiner that if the bids come in higher than the estimates the bids can be rejected. With respect to interest rates, Treasurer Shaughnessy stated that the rate used for assessments certified in 1991 was 8 %, as it has been for the past three years. He stated that money has not yet been borrowed for the project and that the actual rate will be 1% over the market rate paid by the city on the bonds it issues for the project. The 20 year average for municipal bonds is currently 6.10 %. Mr. Tom Jonella, 1024 Downing, stated that he is in favor of the project and that it is long overdue. He asked that the construction be coordinated with the utility companies so that the street is not torn up afterwards to repair utilities. He also asked why the existing streets were approved for construction. Public Works Director Danielson responded that staff will talk to NSP to be sure that they review their pipe in the area and repair any that are leaking before the project is constructed or in conjunction with it. Treasurer Shaughnessy stated that he believes that London /Downing was the only area in the city where the developer installed the streets and that the construction was done before the city had formal regulations for street l ) construction. He further stated that the street costs were not assessed by the city and Page No. 3367 July 21, 1992 construction. He further stated that the street costs were not assessed by the city and that up until this time, street assessments were spread over a 10 year period. Under the street rehabilitation policy, they will be levied over a 19 year period. Mr. Jim Koenen, 929 Downing, stated that Downing needs rebuilding but asked whether it will be widened and if he will lose some property because curb and gutter will be installed. He also asked if underground sprinkling systems and driveway aprons will be repaired if they are damaged during construction, and how long the project will take. Engineer Eckles responded that there may be some minor widening but the intent is to disrupt as little property as possible. He stated that it has been general city policy to repair damage done to sprinkling systems on private property and to pay for the repairs as part of the project cost. He stated that driveway aprons will be repaired to match the original material (blacktop or concrete). With respect to timing, he stated that the goal is to get at least the first lift of blacktop in before winter and finalize it in the spring. Councilmember Blesener asked if the project will be done this fall. Engineer Eckles responded that the ideal way to do the project would be to first complete the Arndt project so that trucks going to the Arndt plat would not damage newly constructed London/Downing streets. Mr. James Murray, 1000 Downing, asked who determines the city standards. Engineer Eckles responded that the standards are defined in the rehabilitation policy and that the reason the city would be contributing money is because the city has an interest in getting streets up to standards. Mr. Woods, 1022 Brompton Place, stated that he has lived at his address for 24 years and the streets were in good shape during the first years but over the years have been patched as much as his driveway. He stated that the streets are in very bad condition as is his Page No. 3368 July 21, 1992 driveway and now is a good time to replace both. There being no further questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 It was the consensus of Council to direct Engineer Eckles to begin preparing plans and specifications for the project. TREE DISEASE SERVICES Council acknowledged a memo from Administrative Assistant Batchelder regarding tree disease services and concerns expressed by the Parks and Recreation Commission about oak wilt. Mayor Mertensotto stated that some time ago Mr. Mike Schaar appeared before Council to give information on oak wilt and that Council did not enter into a contract to do a community survey but told him that he would be used on a consulting basis from time to time. Parks Commissioner Vicki Katz, present for the discussion, stated that the problem is that she has been contacted by people in Ivy Falls and the Culligan area who are concerned about oak wilt on their properties. She felt that there is a need to manage the problem and get the city involved and recommended that the city work with someone who can help deal with the problem before it becomes epidemic. Councilmember Blesener pointed out that the city has not received a specific proposal from anyone on what a program would consist of. Administrator Lawell informed Council that Sunfish Lake has a forester and that it may be possible to use their forester or perhaps contract with another. Mrs. Mary Shaughnessy stated that Dan Gilman checked an oak tree on her property today and said it probably has oak wilt and that in 1990 the Department of Agriculture told her that her trees had a fungus. She felt that having a city forester would help with the problem and that the city must do some treatment Page No. 3369 July 21, 1992 programs. She further stated that Anoka County provides matching funds and that it is hoped that the program will expand into Dakota County. She stated that there must be a community plan before matching funds can be available through the state and that Mr. Gilman is willing to work with the community to work on matching funds. Administrator Lawell responded that the notice the city received two days ago from the state was that cities can apply for matching funds but must first meet the requirement to be a Tree City USA and a comprehensive tree management plan supported by a $2.00 per capita allocation. It was the consensus to direct staff to investigate the need for referral services, Tree City USA, and funding options. IVY FALLS CREEK Council acknowledged a memo from Engineer FUNDING OPTIONS Eckles regarding funding options for proposed Ivy Falls Creek improvements. With respect to tax increment funding, Treasurer Shaughnessy stated that the plan has been expanded and there have been enough expenditures for the fund for the next two years - funds will not be available at least in the next 18 months. Basically, the TIF was to be used for the south half of the city and that the plan can be expanded to include the Ivy Falls area if necessary. Councilmember Blesener asked how the investment would be recovered. Mr. Shaughnessy responded that there would be no return. Administrator Lawell stated that it would be an expenditure of TIF with no ability to recapture the money, and that if the TIF plan is amended a public hearing would be required. He stated that the TIF document included a list of proposed expenditures and objectives on where the money would be spent, and that the Ivy Falls creek was not identified as a potential expenditure, thus a plan amendment would be required. Mayor Mertensotto suggested that Council explore if it is possible to amend the plan and what it would take to do so. He felt this Page No. 3370 July 21, 1992 would be a far better approach than expanding the assessment district. Councilmember Blesener stated that Council should also consider a storm sewer utility. Administrator Lawell stated that the prior discussion was that the storm sewer utility might make sense because the charge is proportionate to the amount of run-off a property contributes and is probably more directly tied to benefit received than other methods of funding. He further stated that while a storm sewer utility does have a benefit, its initiation would require a public hearing and would be charged on every utility bill in the city. Treasurer Shaughnessy stated that a storm sewer utility would be based entirely on the cost of the utility and would not be part of the sanitary sewer bill. Councilmember Smith asked if the utility would be able to accrue funding for repairs in the future. Treasurer Shaughnessy responded that he anticipates sufficient funding to do future repairs. Engineer Eckles stated that a fund would be designated to take care of regional storm sewer problems and that residential properties which do not have quite as much runoff impact would not pay as much as would industrial properties. Golf courses and churches would also be billed. Councilmember Blesener pointed out that the city would still have to determine policy on a city contribution and that she is not comfortable with using TIF but would be more comfortable using a storm sewer utility approach. She pointed out that with respect to Ivy Falls Creek, Council must still decide how much should be assessed and how to fund the remainder of the cost - a reasonable cost share. Mayor Mertensotto stated that Council has said that 20% of the cost would be assessed but that the residents felt that was too high. He pointed out that some of the assessments were proposed at $10,000 to $13,000, but stated Page No. 3371 July 21, 1992 that expanding the assessment area is not reasonable. Councilmember Blesener suggested that staff revise the feasibility report and recommend a storm water utility fund which would fund 90% of the project cost and 10% to be assessed. Mayor Mertensotto felt that 80/20% is good participation, pointing out that the residents owning property on the creek, that their properties will be saved, and that their properties have certain amenities because of the creek. Councilmember Smith felt that 20% assessment is to high and that the problem is caused because the creek is being used for run -off from a large portion of the city. She pointed out that the owners along the creek did not cause the problem and she did not think it would be fair to charge them 20% of the cost. Treasurer Shaughnessy stated that the original financing proposal envisioned a $1,100,000 project and included a $100,000 contribution from West St. Paul, $200,000 in assessments and the remainder to be financed by a 10% surcharge on sewer bills and a $20,000 annual tax levy to support this project and four others which must be done over the next few years.. The storm water utility would redistribute the surcharge. As an example, Somerset Country Club pays about $400 per year for sanitary sewer use charges but would pay about $4,000 annually to the storm sewer utility. Engineer Eckles stated that as the storm water utility was proposed to charge those who impact the system the most would pay the major share. Councilmember Blesener stated that there must be a more equitable distribution without making a significant economic impact. Councilmember Smith pointed out that users of the facilities should pay their fair share. Mayor Mertensotto supported the TIF concept. Treasure Shaughnessy responded that there are about 13 years left in the TIF and the only Page No. 3372 July 21, 1992 thing he has done with TIF funds is to try to schedule the things Council has discussed. Councilmember Smith preferred a combination TIF /storm sewer utility with a lower formula for utility charges. Engineer Eckles responded that perhaps the numbers quoted need not be so dramatic and that he can look at the formula again. He pointed out that the proposed rates are lower than those charged in other cities. Staff was directed to get information on what it would take to modify the Tax Increment District plan and to also look at a storm sewer utility. MENDOTA INTERCHANGE Council acknowledged a memo from the Public IMPROVEMENTS Works Director regarding approval of Phase I of the Mendota Interchange project. Councilmember Blesener moved adoption of Resolution No. 92 -44, "RESOLUTION APPROVING PLANS FOR IMPROVEMENT OF TRUNK HIGHWAY 55," and Resolution No. 92 -45, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, ORDERING THE PROJECT AND AUTHORIZING ADVERTISING FOR BIDS FOR IMPROVEMENTS TO SERVE PILOT KNOB ROAD (CSAH 31) FROM MENDOTA HEIGHTS ROAD TO TRUNK HIGHWAY 55 (IMPROVEMENT NO. 84, PROJECT NO. 2B)." Councilmember Smith seconded the motion Ayes: 4 Nays: 0 MISSISSIPPI RIVER Council acknowledged a letter from the AND RECREATION AREA U.S. Department of the Interior regarding the Mississippi National River and Recreation Area Comprehensive Management Plan and open houses to discuss progress on the preferred alternative along with an associated memo from the City Administrator. Councilmember Smith stated that the proposal takes away a great deal of local power and does not take a broad look at the elements of the community. The document speaks of encouraging private development and land acquisition and only provides 50% federal funding. The federal government has the right of condemnation and can require changes in local laws to comply with the guideline. Councilmember Blesener suggested that Councilmember Smith work with staff to develop a Council position on the matter. Page No. 3373 July 21, 1992 Council directed the City Administrator to get information on the dates for receipt of comments and to reserve the city's right to offer written comments within that time period. MEETING SCHEDULE Council acknowledged a memo from the City Administrator regarding future meeting dates. It was the consensus that the Council meet at 6:15 P.M. on August 4th for Park Commission interviews and that discussion on the proposed budget be conducted as part of the regular agenda for August 4th. METROPOLITAN COUNCIL Council acknowledged receipt of the GOALS Metropolitan Council's "Metro 2015 - Visions and Goals," and an associated memo from the City Administrator. COUNCIL COMMENTS Mayor Mertensotto informed Council that he has received a letter from West St. Paul Mayor Bisanz regarding NDC -4 plans to buy a building in Inver Grove to be funded outside of NDC -4. After discussion, it was the consensus to direct staff to express Council's dissatisfaction with the process if the decisions have already been made or otherwise to invite NDC -4 representatives to appear before Council at the August 4th meeting. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 12:37 o'clock A.M. Z, &Z,� / t (� � � � K thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL July 21, 1992 Excavating Minnesota Home Sewer Daves Excavating Concrete Asfeld Construction Dan Dietrich Construction Inc. Gas Piping Palen Kimball Honeywell Inc. Asphalt Valley Black Topping Inc.