1985-04-16 Council minutesPage No. 2236
April 16, 1985
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, April 16, 1985
( ) 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,
750 South Plaza Drive, Mendota Heights, Minnesota.
Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following
members were present: Mayor Lockwood, Councilmembers Blesener, Cummins,
Hartmann and Witt.
AGENDA ADOPTION
Ayes: 5
Nays: 0
APPROVAL OF MINUTES
Ayes: 5
Nays: 0
CONSENT CALENDAR
Councilmember Hartmann moved adoption of the agenda
for the meeting, exclusive of item 10c, including
additional items contained in the add-on agenda.
Councilmember Witt seconded the motion.
Mayor Lockwood moved approval of the minutes of the
April ,2nd meeting with correction.
Councilmember Hartmann seconded the motion.
Councilmember Witt moved approval of the consent
calendar as submitted and recommended for approval as
part of the regular agenda, along with authorization
for execution of all necessary documents contained
therein.
a. Acknowledgement of the minutes of the March 12th
Park and Recreation Commission meeting.
b. Acknowledgement of the minutes of the April 9th
Park and Recreation Commission meeting.
c. Acknowledgement of the Treasurer's report for
March.
d. Acknowledgement of the Fire Department monthly
report for March.
e. Acknowledgement of the minutes of the January 16th
NDC-4 meeting.
f. Approval of the List of Claims dated April 16th
and totalling $1,550,351.27.
g. Approval of the list of contractor licenses,
Ayes: 5
Nays: 0
TRUCK PARKING
MISCELLANEOUS
granting licenses to:
Mack's Excavating
Churchill's Home Heating
and Cooling
Standard Heating
Timberline Builders, Inc.
Tollefson Builders, Inc.
Basic Builders, Inc.
Quality Exteriors, Inc.
Standard Heating
Serice Construction, Inc.
Rosemount Cement, Inc.
L.W.T. Cement
Construction, Inc.
Carlson Masonry
Page No. 2237
April 16, 1985
Excavating License
Gas Piping License
Gas Piping License
General Contractor License
General Contractor License
General Contractor License
General Contractor License
Heating & Air Conditioning
License
Masonry License
Masonry License
Masonry License
Masonry License
Councilmember Cummins seconded the motion.
The Council acknowledged a memo from the City Clerk
regarding preparation of truck parking restrictions.
Mr. Russell Wahl, present for the discussion, stated
that the semi tractor-trailer about which he had
complained on April 2nd was no longer parked on
Callahan Place but that the tractor is being parked in
a driveway on Callahan. He read a portion of the road
restriction ordinance for the Council and felt that
enforcement of the ordinance provisions would resolve
the problem. The matter was referred to staff.
Metropolitan Council District 15 Representative Mary
Martin was present to introduce herself to the Council
and to briefly review issues currently being
considered by the Metropolitan Council.
ASSESSMENT HEARING - Mayor Lockwood opened the meeting for the purpose of a
IMPROVEMENT 84-3 public hearing on the proposed assessment roll for the
Clapp-Thomssen Ivy Hills 2nd Addition sewer and water
improvements. Public Works Director Danielson briefly
reviewed the project.
Mayor Lockwood asked for questions and comments from
the audience.
There being no questions or comments, Councilmember
Cummins moved that the hearing be closed at 7:59 P.M.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
)
Ayes: 5
Nays: 0
HEARING - NORTH END
STREET IMPROVEMENTS
Page No. 2238
April 16, 1985
Councilmember Cummins moved the adoption of Resolution
No. 85- 28, "RESOLUTION ADOPTING AND CONFIRMING
ASSESSMENTS FOR SANITARY SEWER, STORM SEWER, AND WATER
SERVICE TRENCH IMPROVEMENTS TO SERVE CLAPP-THOMSSEN
IVY HILLS 2ND ADDITION (IMPROVEMENT NO. 84, PROJECT
NO. 3)."
Councilmember Witt seconded the motion.
Mayor Lockwood opened the meeting for the purpose of a
public hearing on proposed street and storm sewer
improvements to serve Chippewa Avenue, Ellen Street,
Garden Lane, Hiawatha Avenue, Fremont Avenue and adja-
cent areas.
Mayor Lockwood stated that a public hearing on
proposed street, curb and gutter and storm sewer
improvements for the area had been held in 1984 but
that the cost projected for the improvements was
substantial. As the result of the hearing, Council
promised to do what it could to develop a plan to
improve the streets and drainage system which could be
constructed at a cost more acceptable to the property
owners. He informed the audience that since that
hearing, the City has been successful in its attempts
to get community development block grant funds and to
have Chippewa Avenue designated as a municipal state
aid street. As the result, CDBG funds will be
available for those property owners who qualify for
assistance and much of the cost of the proposed
Chippewa Avenue improvements would be supported by the
State M.S.A. program. Mayor Lockwood turned the
meeting over to Public Works Director Danielson for a
review of the proposed project.
Mr. Danielson stated that in 1978 several homeowners
on Hiawatha informed the Council of storm water
problems affecting their backyards and asked what
could be done to alleviate the problems. When staff
prepared a report on the matter they felt that area
streets should also be repaired at such time as
drainage improvements were made. The study projected
costs which the area residents found objectionable, no
action was taken on the matter and the streets have
continued to deteriorate. In 1984 the study was
updated and a public hearing was conducted. The
residents felt that the costs were still toogreat and
requested that staff research the potential for
Chippewa Avenue M.S.A. designation. In addition, the
Dakota County H.R.A. has set aside $50,000 to assist
qualified homeowners by paying off their assessments
with an interest-free loan to be paid at the time
Page No. 2239
April 16, 1985
those homeowners sell their homes.
Mr. Danielson stated that it is City policy to
construct all streets with curb and gutter and storm
sewers and when this policy was applied to the
proposed project the costs became very high. Total
project cost would be about $500,000, for assessment
rates of $14 per front foot for street, curb and
gutter and $0.13 per square foot for storm sewer.
In view of the projected cost, staff then studied the
possibility of installing curb and gutter only along
Chippewa and storm sewer along Chippewa to Annapolis
because of the M.S.A. assistance. He described the
proposed improvements consisting of the Chippewa
Avenue street, curb and gutter and storm sewer
improvements and bituminous resurfacing on Ellen
Street, Garden Lane, Hiawatha Avenue and Fremont
Avenue. Mr. Danielson estimated that storm sewer
construction will cost $72,000 and that street, curb
and gutter improvements will cost $188,000. The
M.S.A. program will finance $135,000 of the street
construction cost and $27,000 for storm sewer
improvements. It is proposed that all properties
affected by street improvements be assessed at $6.40
per front foot and $.095 per square foot for storm
sewer, and that those properties not abutting the
affected streets but which drain to the storm sewer be
assessed at the rate of $.095 per square foot.
Mr. Mark rUlfers of the Dakota County H.R.A. briefly
reviewed the block grant program. He stated that as
the result of a recent survey of the area, it has been
determined that approximately 61% of the 107 area
households would be eligible for assistance. He
stated that an 80 by 100 foot lot would be assessed
about $1400 under the proposed project and that the
$54,000 in CDBG monies would be enough to support the
assessments for 35 to 40 households. Mr. Infers
stated that eligibility for program participation is
limited to income maximums of $26,250 for four member
families and $21,000 for two member families. Once
notified of the assessment amount, people could come
to the HRA office and complete a form to verify that
they are income eligible. When the assessment becomes
due, the HRA would prepay the assessment and the
payment to the HRA by the property owner would be
deferred until the property is sold or transferred.
In response to a question from Councilmember Witt, he
stated that the City could apply to the district
(CDBG) committee for additional grant money next year.
Mayor Lockwood asked for questions and comments from
the audience.
Page No. 2240
April 16, 1985
Mr. Raymond Vecellio, 500 W. Annapolis, stated that he
lives in the special assessment district and asked if
there is a differential in the rate for properties
which directly abut the improvements and those which
do not. He stated that his home is in the project
area but he does not abut any of the streets.
Public Works Director Danielson responded that his
property would not be assessed for street improvements
but that a small portion of the lot would be assessed
for storm sewer.
Mr. Peter Solberg, 1062 Chippewa, stated that Chippewa
has a very high crown near his property and that the
water drains to the east. He asked that the crown be
flattened or that the surface be tilted so that the
water drains toward Butler.
Mr. Donald Clifford, 1129 Dodd asked what type of
curbing is proposed for Chippewa.
Mr. Gordon Howe, 539 Hiawatha, stated that his
property has a bad drainage problem because of the
grade of Hiawatha and asked whether the existing
street surface will be removed.
Public Works Director Danielson responded that it is
proposed that only the bad portions of street surface
be removed. He also stated that the Howe property
will still experience some drainage problems but that
a good share of the surface water that now drains to
the property will be diverted to Chippewa.
In response to a request from Mayor Lockwood, Mr.
Robert Leffert described similar improvements
installed recently in the Ivy Falls area.
Mr. Steve Hanson, 540 Hiawatha, asked whether the
overlay proposed for Hiawatha will raise the street
grade and whether the property owners will be
responsible for adjusting approaches to their property
lines after the project is completed. Mr. Danielson
indicated that the City would repair the approaches
so that they will meet the street grade.
In response to a question from Mayor Lockwood, Mr.
Danielson stated that without curb and gutter
installation throughout the project, an optimum
solution to the drainage problems will not be
achieved: some problems will remain but drainage in
the area will be greatly improved.
Councilmember Blesener stated that the project
Page No. 2241
April 16, 1985
currently being considered is not a full storm sewer
system but that it is being recommended primarily
because it is less costly. She stated that the
Council needs feedback from the residents on whether
they are satisfied with the project as proposed or if
they would prefer a complete system, and expressed her
desire for a complete project rather than that
proposed.
In response to a question from the audience, Public
Works Director Danielson estimated that street, curb
and gutter for the entire area would cost about $14.00
per front foot and storm sewer would cost about S0.13
per square foot.
Mr. Peter Vlaar, 1063 Chippewa, asked whether the City
will seal coat Chippewa on a regular basis after the
upgrading.
Mr. Steve Hanson stated that he has seen what an
Improvement curb and gutter made in the area south of
his property. He felt that while the proposed project
may serve a purpose now, five years from now curb and
gutter improvements may be needed anyway. He asked
whether it would be possible to find out how many
property owners are in favor of a total project and
how he should voice his desire for a complete project.
Mayor Lockwood suggested that the best method to
determine area desires would be for Mr. Hanson to
circulate a petition for the complete project.
Ms. Elizabeth Plummer, 605 Garden Lane, asked whether
Garden Lane would be widened if a more extensive
project were approved.
Mr. Greg Nelson, 1261 Delaware, stated that the back
of his lot faces Chippewa and asked whether curbing on
the total project would affect his costs.
Mr. Robert Reedstrom, 530 Hiawatha, stated that
because of drainage problems his property experiences
he would be delighted with the project as proposed
because the proposed catch basins should relieve the
drainage problems. He stated that he has no
particular feeling about curb and gutter throughout
the project area.
Mr. Donald Suchomel, 531 Hiawatha, stated that he is
in favor of the project as proposed, without
additional curb and gutter.
Councilmember Blesener stated that she is not prepared
to support the project as proposed, that she is
Page No. 2242
April 16, 1985
uncomfortable with the fact that there are several
properties along Chippewa which would receive curb and
gutter improvements under the project and the property
owners would not be infavor of an increased project
because their assessment rates would be increased
without a change in benefits.
Mr. Vecellio asked when the project would be
completed. Mr. Danielson responded that if the
project were to be ordered tonight completion is
possible this year: if a decision is delayed or the
project is expanded, completion this year may not be
possible.
A member of the audience stated that he is the only
property owner on Fremont present in the audience, and
probably the only one in the neighborhood who would
want curb and gutter.
Mr. Solberg stated that he fails to see why if the
people on Hiawatha and the other streets want curb and
gutter it would raise the costs for Chippewa area
property owners.
Mr. Howe stated that he is in favor of a total
project.
An informal poll of those present for the discussion
indicated a preference for the current proposal.
Councilmember Hartmann suggested that the Council
approach the project in the same manner as the Ivy
Falls area improvements: approve the project as
proposed and if owners of contiguous properties want
curb and gutters they could petition for it at the
front foot differential on a unit cost.
Public Works Director Danielson stated that such an
approach would be very difficult since the project can
only come from Chippewa. Mayor Lockwood requested
that staff determine a unit price for curb and gutter
in addition to the street construction cost.
There being no further questions or comments,
Councilmember Blesener moved that the hearing be
closed.
Councilmember Witt seconded the motion.
Councilmember Cummins moved to table further
discussion on the matter to the May 7th meeting.
Mayor Lockwood seconded the motion.
PERSONNEL
) Ayes: 5
Nays: 0
LINVILL BUILDING
PERMIT
Page No.. 2243
April 16, 1985
Councilmember Cummins moved the adoption of Resolution
No. 85-29, "RESOLUTION PLACING THE POSITION OF CIVIL
ENGINEER I ON THE EMPLOYEES PAY CLASSIFICATION PLAN,"
and appointment of Klayton Eckles as Civil Engineer I
at a starting salary of $21,157.
Councilmember Blesener seconded the motion.
Mr. Eckles, present for the discussion, was introduced
to the Council and stated that he -would-be able to start
work part-time on April 19th and full-time on June 20
or 21st.
The Council acknowledged and discussed a memo from the
City Administrator regarding the April 2nd discussion
and action taken on Mr. Ralph Linvill's application
for variance. Administrator Frazell recommended that
Council grant the requested 10 foot sideyard setback
variance in consideration of a 13.5 foot right-of-way
dedication for Perron Road.
Mayor Lockwood suggested that the Council could refuse
to grant the variance and purchase the right-of-way
with the understanding that the cost would ultimately
be assessed back against the property at such time as
Perron Road is constructed. He stated, however, that
the alternative of exchanging a temporary variance
until such time as road construction takes place, at
which time 10 feet of parking lot removal would occur,
is reasonable.
Coucnilmember Hartmann stated that in approving
alternative number 2, the Council would be agreeing to
a non-conforming parking lot, but he was in favor of
the alternative since it would provide for green space
if street construction occurs and the 10 foot (parking
lot removal area) is seeded.
Councilmember Blesener asked whether, if the applicant
feels that the additional 10 feet of parking area is
needed for the structure now, the building can
function should that parking area be eliminated in the
future.
Rollin Crawford, representing Mr. Linvill, stated that
the building could function without the additional
parking area but the additional 10 feet of parking
area would be a nice luxury. He stated that his
client agrees to alternative number 2 (elimination of
the parking area if Perron Road is built). He stated
that his client is willing to blacktop the ten foot
area because he feels that Perron will not be
constructed.
Page No. 2244
April 16, 1985
Councilmember Cummins stated that he feels alternative
number 2 is a good solution but that he would prefer
the granting of a parking variance rather than a
setback variance.
City Attorney Tom Hart stated that if Council approves
the temporary variance on the basis that the parking
area be eliminated when Perron Road is constructed,
the agreement should be recorded at the County.
Councilmember Hartmann moved to grant a temporary
10 foot sideyard setback variance until such time as
Perron Road construction occurs, at which time 10 feet
of parking lot would be required to be removed, in
exchange for the dedication of a 13.5 foot right-of-
way dedication for Perron Road and contingent upon the
execution of all necessary legal documents binding all
parties to the agreement.
Councilmember Blesener seconded the motion.
The Council acknowledged and briefly discussed a memo
from the City Administrator regarding proposals for a
computer application study.
Councilmember Hartmann,Moved-to accept. the4).roPosa1.,!-from
DSM for development of an information system plan, at
cost not to exceed $5,280, and appropriating $5,280
from the General.. Fund unappropriated surplus.
Councilmember Cummins seconded the motion.
The Council reviewed plans and specifications for
construction of the Lexington Aavenue backbone bike
trail. Councilmember Blesener expressed concern about
the portion of trail going around the ponding area at
Lexington and Marie.
After discussion, Councilmember Witt moved approval of
the plans and specifications for the Lexington Bike
Trail along with authorization to advertise for bids
to be accepted on May 16th.
Councilmember Hartmann seconded the motion.
Councilmember Witt moved adoption of Resolution No.
85-30, "RESOLUTION REQUESTING COUNTY FUNDING OF THE
LEXINGTON AVENUE BIKE TRAIL."
Councilmember Hartmann seconded the motion.
WATER MANAGEMENT
ORGANIZATION
( )
ARCHITECT SELECTION
LOT SATE
Ayes: 5
Nays: 0
FIRE MARSHAL
Ayes: 5
Nays: 0
Page No. 2245
April 16, 1985
Attorney Dave Moran, from the City Attorney's office,
reviewed a proposed Lower Mississippi River Watershed
Management Organization joint powers agreement.
Staff was directed to prepare a synopsis of the
agreement and place the matter on the May 7th agenda.
The Council discussed a memo from the City
Administrator regarding staff review of the 12 archi-
tectural proposals received for preparation of a City
Hall Study. Administrator Frazell recommended that
Council interview four firms, Architectural Alliance,
Kodet, Lindberg Pierce, Inc. and Pope Associates which
had been unanimously endorsed by a staff committee
after review of all of the proposals.
It was the concensus of the Council that staff be
authorized to proceed to set up interviews with the
four firms on May 14th.
The Council acknowledged a memo from the Public Works
Director recommending that Council accept a $34,550
bid from Premier Builders for the purchase of a
portion of Outlot A, Lexington Highlands East
Addition and approve the division of the property
under the provisions of Section 11.3(1) of the
Subdivision Ordinance.
Mayor Lockwood moved the adoption of Resolution No.
85-31, "RESOLUTION APPROVING THE SUBDIVISION OF THE E.
208.93 FEET OF OUTLOT A, LEXINGTON HIGHLAND EAST," and
authorization to staff to take the steps necessary to
finalize the sale of a portion of the property to
Premier Builders.
Councilmember Cummins seconded the motion.
The Council acknowledged a memo on the appointment of
a Fire Marshal.
Councilmember Cummins moved to rescind the appointment
of Don Hove as Fire Marshal and appoint Paul M. Kaiser
Fire Marshal on the basis of a $12.50 per hour
retainer fee plus mileage.
Councilmember Witt seconded the motion.
MISCELLANEOUS The Council acknowledged memos from the Public Works
Director regarding speed zones (on Mendota Heights
Road and Huber Drive) and trail lighting.
Page No. 2246
April 16, 1985
COUNCIL COMMENTS Councilmember Hartmann asked about the status of the
street lighting issue.
ADJOURN
Ayes: 5
Nays: 0
Councilmember Witt asked whether there had been any
recent negotiations with the Wachtler family over City
acquisition of property.
Councilmember Blesener suggested that the Industrial
District density requirements be reviewed.
Councilmember Cummins reported on the status of
discussions with Mn/FSL.
There being no further business to come before the
Council, Councilmember Witt moved that the meeting be
adjourned.
Councilmember Hartmann seconded the motion.
TIME OF ADJOURNMENT: 11:20 o'clock P.M.
Phthleen M. Swanson
City Clerk
ATTEST:
Robert G. Lockwood
Mayor