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1984-07-17 Council minutesPage No. 2075 July 17, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 17, 1984 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, Council Members Blesener, Hartmann and Witt. Councilman Mertensotto had notified the Council that he would be late. AGENDA ADOPTION Ayes: 4 Nays: 0 COMMENDATION Ayes: 5 Nays: 0 CONSENT CALENDAR Councilman Hartmann moved that as submitted, along with the contained in the add-on agenda Councilwoman Witt seconded the the agenda be adopted inclusion of the items dated July 17, 1984. motion. Representatives of the Henry Sibley High School Band were present to receive a commendation for outstan- ding performance by the band at several national com- petitive parade events. Mayor Lockwood read aloud for the audience a proposed resolution of commendation. Mayor Lockwood moved the adoption of Resolution No. 84-43, "RESOLUTION COMMENDING THE HENRY SIBLEY HIGH SCHOOL BAND FOR OUTSTANDING PERFORMANCE." Councilman Hartmann seconded the motion. Mayor Lockwood moved approval of the consent calendar as submitted and recommended for approval as part of the meeting agenda, with the exception of item e., claims list approval, along with authorization for execution of all necessary documents contained there- in. a. Acknowledgement of the minutes of the July 11th Planning Commission meeting. b. Acknowledgement of the minutes of the June 6th NDC-4 meeting. c. Acknowledgement of the Fire Department monthly Ayes: 4 Nays: 0 AIRPORT NOISE HEARING - CASE NO. 84-12/84-13, JOHNSON BROTHERS Page No. 2076 July 17, 1984 report for June. d. Acknowledgement of the Treasurer's monthly report for June. e. Approval of the list of contractor licenses, granting licenses to: Bowler Company Conway Construction Company, Inc. First Landmark Builders Ray Kreps Construction Company, Inc. Mesna Construction Company Norman Veness Concrete Heating & Air Con- ditioning License General Contractor License General Contractor License General Contractor License General Contractor License Masonry License f. Acknowledgement of a letter from Mn/DOT in re- sponse to the City's request for a speed limit reduction on T.H. 110. Councilwoman Witt seconded the motion. Mr. Bernard Friel was present to report on a recent MASAC Operations Committee meeting with Friendly Hills residents at which meeting MASAC agreed to do a short term study of flight patterns and noise moni- toring in Mendota Heights during the next 2 and 1/2 weeks. He stated that the information will be available at the July 26th operations committee meeting at which time they will consider changes in procedures to reduce noise over Mendota Heights. Mayor Lockwood opened the meeting for the purpose of a public hearing on applications from Johnson Brothers Construction for a wetlands permit and con- ditional use permit for filling on Visitation Convent property and a conditional use permit for filling on a portion of the School District property. Councilman Mertensotto arrived at 7:50 o'clock P.M. Mr. Dave Prusak, Johnson Brothers' project engineer for the I-494/TH149 project, stated that his firm proposes to fill property owned by Visitation Convent located alongside of 1-494 and just south of Mendota Heights Road. He stated that the project will tie Page No. 2077 July 17, 1984 into the Tousignant property located next to the site and will require 180,000 cubic yards of material. He stated that the area will be grubbed and the topsoil will be stripped. The filling is proposed to commence this year and be completed next year, at which time turf establishment will be begun. He stated that a silt screen will be used to control erosion. Mr. Prusak stated that the wetlands area addressed in the application was originally sewage lagoons for the school and that it is proposed that the lagoons be dredged and filled. With regard to the School District property, Mr. Prusak stated that when Mendota Heights Road is con- structed east of Dodd, the street grade will be about ten feet higher than the grade of the property next to it and that his firm plans to build the area up to match the street grade. He stated that the same filling process, silt screen and turf establishment as is proposed on the Visitation property is proposed for this site. He stated that his firm proposes to complete the School District project this year and seed the property this fall. Councilwoman Witt stated that it seems that on the Convent property there are many more trees than are shown on the drawings. She also asked for the difference in elevations between the road and the property. Mr. Prusak stated that there are boxelder trees and scrub growth which will be grubbed out. Councilman Mertensotto asked whether a drainage study had been completed and also asked where the drainage from the east will go. He asked whether the City would be responsible for any drainage or erosion damages if the filling permit is approved. Public Works Director Danielson responded that there is a developer's agreement which holds the City harmless against erosion damages but that no study had been done. He further stated that thecontractor is not proposing to increase the run-off dramatically but that at the time that the property is proposed to be developed a study will be necessary. In response to a question from Mayor Lockwood, Mr. Prusak stated that if the silt screen breeches, the contractor will repair any damages which might occur. Mayor Lockwood also noted that the Planning Commission had recommended that the grade be reduced to 898. In response to questions from Council Members Page No. 2078 July 17, 1984 Blesener and Hartmann, Mr. Prusak stated that the elevation of the property along Mendota Heights Road varies as much as 10 feet and that the berms proposed to be created on the site are temporary. The convent hopes to use the berms for topsoil to landscape into the convent property along the new access drive when it is completed. Councilman Mertensotto stated that there is no guarantee that the berms will be removed when the land is developed and felt that it is necessary that the City talk to the land owner and that the landowner should take responsibility for drainage controls and other conditions of the develo- pers agreement. He also pointed out several problems which occurred during and after the filling permit which was issued to Johnson Brothers for Mendaka.ta. With regard to the permit application for filling the School District property,... Mayor Lockwood stated that it appears that as much as 14 feet of fill (depth) would be placed on the site and that it would slope gradually toward the pond. He also read portions of the City Planner's report relating to the filling as it is proposed and as it would relate to residential development of the site in the future. Mayor Lockwood asked for questions and comments from the audience. Mr. James Losleben, 815 Hazel Court, showed transparencies and VCR tapes of the sites which showed existing area land uses, vegetation and freeway construction. He stated that the contractor had designed the proposed project to maximize filling. He stated that approximately 25% of the pond capacity (School District site) would be lost if the project is approved, and that there is no outlet to the ponds. He also stated that the treeline shown on the plans is erroneous, that there is a great deal of tree growth. He felt that the contractor would strip the land and place 14 feet of fill which would leave the land bare. He felt that one of the reasons the projects are being proposed is to appease the Friendly Hills residents and provide a noise berm, but that he doesn't think that what is proposed is good design for a noise berm. He asked if staff has studied what affects the filling will have on the aquifer recharge area. Mr. Losleben stated that the City would gain nothing by the granting of the permits and requested that they be denied by Council. Councilman Mertensotto asked why the City should take any responsibility at this point when drainage Page 2079 July 17, 1984 studies had not been conducted and since the landowners had made no request nor had there been any requests for development of the properties. Councilman Hartmann stated that the proposed filling on the School District property would not benefit the City in any way. Mayor Lockwood suggested that the hearing be left open until the August 7th meeting to allow the landowners who would benefit from the projects to present their positions in the matter. Mr. Chuck Hall, Chairman of the Visitation Convent Board of Directors, suggested that it would be appro- priate to separate the action on the applications since they represent two different pieces of land and different landowners. He stated that Visitation representatives did not sign the application because the procedure used was that Visitation put the onus on the contractor to work with the City to be sure that all City requirements were complied with. He stated that all engineering accomplished for the project was done at the request of Visitation and that the wetlands proposed to be filled is not really a wetlands area. He stated that the proposed filling area is a saddle between two hills and that it was felt that filling would best be accomplished now as long as fill is available, indicating that it could be as much as ten years before any consideration is given to use of the land. He further stated that the project would tie the land into the Tousignant land to the west, that Visitation took exception to the pile of fill left on the Tousignant property and told the contractors not to leave the Visitation property in the same condition but to leave the fill on the lot side so that it could be utilized when the access drive is completed. He indicated that some of the fill will have to remain until the land is developed. He stated that Visitation intends to enter into an agreement with the contractor after approval is given by the City and that it will require proper controls by the developer to protect the land. Mr. Hall stated that there will be no change in the direction of drainage as the result of the filling. Administrator Frazell indicated that he has spoken to representatives of the School District and they have indicated that they are very much in favor of the filling proposed to be done on the School District property. Mr. Losleben suggested that the topographic information on the drawings is outdated and that what Page 2080 July 17, 1984 is represented in the drawings is incorrect. There being no further questions or comments, Councilwoman Witt moved that the hearing on the application for filling and wetlands permit for the Visitation Convent property be closed at 8:38 P.M. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 Councilman Hartmann moved that the hearing on the application for filling on the School District 197 property be closed. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Councilwoman Blesener stated that she would be interested in continuing to consider the application for the Visitation property if accurate grades on the adjoining properties and vegetation information were available and if grades were two feet above the street grade rather than the 8-10 feet proposed. Public Works Director Danielson stated that the contours shown are based on information contained in contour maps the contractor purchased from the City. He stated that he believes the drawings to be correct with the possible exception that there could possibly be much more tree growth (poplars, etc.) existing now than is reflected on the drawings since the City's aerial maps were completed ten years ago. After additional discussion, Councilwoman Blesener moved that the applications for wetlands permit and conditional use permit for filling on the Visitation property be denied. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilman Hartmann moved that the application for conditional use permit for filling on Independent School District 197 property be denied. Councilwoman Witt seconded the motion Ayes: 5 Nays: 0 RECESS Mayor Lockwood called for a recess at 8:55 P.M. The meeting was reconvened at 9:02 P.M. NORTH END STREETS Mayor Lockwood opened the meeting for the purpose of an informational hearing on proposed street improve- ments in the north area of the City. He informed the audience that the meeting is being opened for infor- Page No. 2081 July 17, 1984 mational purposes and in noll(represents a public hearing on proposed improvements, that the discussion is intended as a convenience for the area residents. He stated that if what is presented this evening seems reasonable to the residents a formal public hearing process will be conducted at some future time. Public Works Director Danielson informed the Council and audience that over the past few years the streets in the north area have been deterior ating badly. In 1978 several residents in the area between Simard and Hiawatha complained of storm water problems and a hearing was conducted on the feasibility of street and drainage improvements. The proposed project at that time included a complete storm sewer system and street and curb and gutter improvements for the entire area but that the costs were prohibitive and the project never materialized. He stated that since that time a street maintenance project has been completed in the Ivy Falls area and that it has worked well. He indicated that a number of calls have been received this past spring about north end street conditions and that as a result staff asked the Council to consider some alternatives which do not represent a total drainage system. He stated that it is now proposed that some corrective work be done on Fremont, Garden Lane, Hiawatha and Chippewa. He stated that because of the experience with the Ivy Falls area project, it was felt that a project which includes street overlaying and corrective work costing approximately $15.50 per assessible foot could be appropriate for the north area streets. He indicated that many complaints have been received about Chippewa Avenue and that staff feels that it is time to do some major corrective work on Chippewa. He indicated that the apparent major concern of the property owners is the unusually large width of many of the lots on Chippewa and the fact that it is a collector street. He stated that the reaction of area residents to the proposed project has been generally favorable. There were several comments from members of the audience regarding drainage problems. Mr. Michael Kluznik stated that there are about 178 homes in the north area of the City and suggested that over 1/3 of those homeowners must use Chippewa for access but that many of those homes will not be assessed even though they will derive benefit from the proposed improvements. He stated that he owns 300 feet of frontage on Chippewa and can see no way that his Page 2082 July 17, 1984 property value would be increased in proportion to the assessment which would be levied. He further stated that he could see no reason why any of the properties on Chippewa should be fully assessed because they are not typical residential lots. Mayor Lockwood pointed out that until the Ivy Falls project, the City had never constructed "temporary" street surfaces. He stated that when First Avenue was widened and improved a portion of the costs were supported by general obligation taxes because it was regarded as a collector street. He pointed out that while the same philosophy could be applied to Chippewa, the Council is not considering installing a permanent street surface and he questioned whether the balance of the community should support the costs (through general obligation) for a temporary street. After considerable discussion and input from area residents, staff was directed to : . research the possibility of attaining M.S.A. status for Chippewa Avenue; contact Mn/DOT regarding maintenance of a culvert at T.H. 13 and Fremont; monitor drainage in the area during storms to determine whether the running water problems can be alleviated if street grades are changed; and complete maintenance projects including street patching and opening of culverts while, during the winter months, preparing a feasibility report and preparation of a proposed assessment roll in preparation for a feasibility/assessment hearing some time during the spring of 1985. RECESS Mayor Lockwood called a recess at 10:20 P.M. The meeting was reconvened at 10:30 P.M. CASE NO. CAO 84-02, The Council acknowledged an application for critical JOHNSON area site plan approval from Mitchell Johnson to allow construction of a porch addition at 1149 Cascade Lane, Lot 2, Block 6, Ivy Falls Addition. Ayes: 5 Nays: 0 NORTHLAND DRIVE EXTENSION Councilman Mertensotto moved waiver of critical area hearing and approval of the critical area site plan as presented subject to review of the building plans by the Code Enforcement Officer. Councilman Hartmann seconded the motion. The Council acknowledged and discussed a memo from . - City Administrator Frazell regarding the proposed Page 2083 July 17, 1984 development of a parcel of land immediately southwest of Pilot Knob Road and Perron Road along with a report from the City Planner regarding Northland Drive. Mr. Rollin Crawford, representing the property owner Arthur Ingram, stated that Mr. Ingram has entered into a contract to sell the land to Ralph Linvill, but that the sale is contingent upon Mr. Linvill's obtaining a building permit. He stated that Mr. Linvill has made application for the permit but that he was told a permit could not be issued because of City plans for the extension of Northland Drive which would split the land into two parcels neither of which would support the type of building proposed. He stated that if the sale is lost because the permit cannot be issued, Mr. Ingram will suffer substantial damages. He stated that Mr. Ingram requests that the Council authorize the issuance of the permit, recog- nizing that the planning report addresses the roadway extension. In response to a Council question, Public Works Director Danielson stated that the Pabst family owns the land described as parcels 2 and 3 in the planning report. He also pointed out that those parcels will have no access from T.H. 13. Mayor Lockwood pointed out that only a very limited amount of time has been available to staff to address the owner's concerns: staff met with Mr. Linvill this morning. He stated that as a result, the staff still feels that unless there is time allowed for consideration of alternative solutions, the City must consider Plan A of the planning report (Northland Drive extended northerly then easterly to connect with Transport Drive) as the best solution. Mr. Crawford stated that when the planning report was prepared, Mr. Dahlgren felt that access should be provided to all of the various properties affected, but that he was unaware that the Pabst family owned all of parcels 2 and 3. He stated that he has talked to the Pabsts and that they indicated they have no present interest in a roadway being extended through their land. Mayor Lockwood stated that the staff recommendation is to take no action this evening so that other options can be investigated. He also felt that the City should receive written input from the Pabsts so that their concerns are addressed. Page No. 2084 July 17, 1984 Administrator Frazell stated that the City Planner was informed about the Pabst property ownership and that he believes that Mr. Dahlgren's concerns are still valid. He suggested that staff meet with the Pabst family and prepare a report and recommendation for consideration at the August 7th meeting. ( ) The Council directed staff to investigate the matter further and report on August 7th. BID AWARD Ayes: 4 Nays: 1 Witt Ayes: 4 Nays: 0 Abstain: 1 Witt BROOKSIDE LANE Ayes: 4 Nays: 1 Mertensotto Public Works Director Danielson reviewed a tabulation of bids received for construction of the Evergreen Knolls Addition public improvements. Councilman Mertensotto moved the adoption of Resolution No. 84-44, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE EVERGREEN KNOLL AND ADJACENT AREAS 'CMPROVEMENT NO. 83, PROJECT NO. 4)," awarding the bid to Orfei and Sons, Inc., including Alternate B. Councilman Hartmann seconded the motion. Councilman Hartmann moved to authorize the Mayor and City Clerk to execute an agreement with Dakota County relative to County participation in the construction of a "T" intersection at Wentworth Avenue and Wachtler Avenue extended. Councilman Mertensotto seconded the motion. The Council acknowledged and discussed a memo from the City Engineer regarding Brookside Lane street acquisition and recommending that assessments levied against the street right-of-way being acquired be rescinded or refunded as part of the acquisition process. After discussion, Councilwoman Blesener moved that consideration for acquisition of Quit Claim Deeds for Brookside Lane right-of-way to be acquired from Francis Stelter, Robert Krueger and Joseph Carroll be the refund of assessments levied for Ivy Falls Creek drainage improvements against the right-of-way area. Mayor Lockwood seconded the motion. FIRE DEPARTMENT Fire Marshall Gene Lange and representatives of the AUDIT REPORT LIST OF CLAIMS Ayes: 5 Nays: 0 Page No. 2085 July 17, 1984 Fire Department were present for discussion of the 1984 Fire Department annual report. In response to a question from Councilman Mertensotto regarding use of the rescue truck, Mr. Lange stated that department members are trained to rescue someone in emergency situations and also for rescue of department personnel should the need arise. Assistant Chief John Maczko stated that personnel can initiate first responder aid to assist paramedics when department personnel arrive at a scene first. He stated that the department is notified through the police department if their assistance is needed, and they are not automatically dispatched to an accident scene. Fire Marshall Lange stated that the policy is that the department does not respond unless they are requested by a police officer where people are trapped and injured in a vehicle and a rescue squad is needed. Fire Marshall Lange expressed concern over the increasing number of false alarms received by the department and cited statistics contained in the report. It was the consensus of the Council that an ordinance on false alarms which includes stiff penalty provisions should be prepared. Administrator Frazell reported on the status of the Fire Department study committee. Auditor Steve Laible, from Peat, Marwick and Mitchell, reviewed the 1983 Audit Report for the Council, highlighting the change in presentation format, auditor's opinion letter, summary of enterprise funds and the state of the undesignated fund balance. Mayor Lockwood pointed out that the Claims List includes an expenditure for air fare for the Adminis- trator's attendance at the annual ICMA conference and expressed his feeling that annual attendance is not necessary. Administrator Frazell stated that he believes annual attendance at the conference is extremely beneficial to his performance and that the quality of the ICMA conferences is excellent. After brief discussion, Councilwoman Witt moved approval of the list of claims dated July 17, 1984 and totalling $$1,371,938.03. Councilman Hartmann seconded the motion. KINGSLEY ESTATES Ayes: 5 Nays: 0 BUDGET Ayes: 5 Nays: 0 Page No. 2086 July 17, 1984 Mayor Lockwood moved the adoption of Resolution No. 84-45, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL FOR KINGSLEY ESTATES (IMPROVEMENT NO. 83, PROJECT NO. 5)." Councilwoman Witt seconded the motion. The Council acknowledged and briefly discussed a memo from the City Administrator regarding 1985 budget issues. Councilwoman Witt moved that public hearings be conducted on August 21st for discussion on proposed uses of Federal Revenue Sharing entitlements and on September 4th for intended uses of Revenue Sharing funds. Mayor Lockwood seconded the motion ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:45 o'clock A.M. ATTEST: Robert G. Lockwood Mayor 17) thleen M. Swanson City Clerk