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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