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1982-10-19 Council minutesPage No. 1730 October 19, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 19, 1982 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 the 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 Hartmann, Losleben, Mertensotto and Witt. APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Ayes: 5 Nays: 0 CASE #82 -13, COLON, CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT Councilwoman Witt moved approval of the minutes of the October 5th meeting with corrections. Councilman Hartmann seconded the motion. Councilman Hartmann moved approval of the consent calendar, with the exception of item "C ", memo and proposed resolution to authorize execution of supplemental agreement to Mn /DOT watermain relocation agreement, as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. 1. Approval of the List of Claims dated October 19, 1982 and totalling $52,355.18. 2. Approval of the List of Licenses, granting licenses to: Doty & Sons, Inc. Turner Excavating Westonka Sewer & Water, Inc. Joseph R. Card Const. Co. Inc. Robert W. Compton, Inc. Masterpiece Kitchens & Const. Quality Builders Greg Tauer Const. Co. Inc. Scandia Stucco Co. Excavating License Excavating License Excavating License General Contractor General Contractor General Contractor General Contractor General Contractor Plastering /Stucco License 3. Acknowledgement of the Fire Department monthly report for September, the Treasurer's monthly report for September and the minutes of the NDC 4 meeting for October 6th as well as an agenda for October 20th. Councilwoman Witt seconded the motion. Mayor Lockwood noted that the public hearing on this matter was closed at the last regular Council meeting of October 5th and that no further written comments had been received in the last two weeks, therefore there was no new information to discuss. He asked for comments from the Councilmembers. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 REMOTE FIRE PAGER TRANSMITTER MAPLE PARK COURT, FEASIBILITY/ AGREEMENT HEARING Page No. 1731 October 19, 1982 Councilman Mertensotto stated that it was apparent that the developer has not met the concerns of the neighbors and that it would not be feasible to put a planned unit development on less than ten acres, as required by Ordinance and that in his judgement the application should be denied. Councilman Mertensotto moved the adoption of Resolution No. 82-85, "RESOLUTION DENYING APPLICATION OF FEDERAL LAND COMPANY FOR A CONDITIONAL USE PERMIT FOR A PUD". Councilman Losleben seconded the motion. Councilwoman Witt apologized for her comments regarding the October 5th hearing regarding comments of neighbors outside the adjacent property relative to the proposed project. Councilman Mertensotto moved that the variance that was previously granted on August 3, 1982, to the developer, be rescinded. Councilwoman Witt seconded the motion. Mr. Charles Bartholdi, attorney for Federal Land Company, asked Mayor Lockwood to read the resolution denying the application for Federal Land, which Mayor Lockwood did. The Council acknowledged a memo from Gene Lange, Fire Marshall, relative to the proposed purchase of a single channel, transmitter only, radio and antenna system, in the amount of $2,394.50. This would be installed at Somerset School. After some discussion, Mayor Lockwood moved that staff be directed to have the transmitter installed and that the cost of the antenna, etc. be worked out on a equitable basis with the City of West St. Paul. After further discussion on whether West St. Paul would be agreeable to this, Mayor Lockwood withdrew his motion. The City Council directed staff to try to work out this matter with West St. Paul before installation be directed. Mayor Lockwood called the meeting to order for the purpose of a public hearing to consider proposed assessments and the feasibility of street, curb and gutter and storm sewer improvements to serve five lots on Maple Park Court. He then turned the meeting over to Public Works Director Jim Danielson for further explanation. Mr. Danielson explained the proposed improvements for Lots 4 through 8, Block 6, Ivy Falls First Addition, noting that the last hearing on this proposal was held in January, 1981, at which time there was little public support and the project was tabled. He noted that proposed assessments are estimated to be $46,415, assessed equally among the five property owners. $4,798.80 would be for streets and $4,484.40 would be for storm sewer improvements, totalling $9,283.20 per lot. He noted that if these assessments are approved, no future assessments would be made against these five affected properties for streets or storm sewers. Page No. 1732 October 19, 1982 Mayor Lockwood asked for questions from the Council. Councilman Mertensotto wondered how long the street improvement was in terms of lineal feet. City Engineer Kishel advised that it would be approximately 300 lineal feet in length, with a six inch gravel base and two inches of bituminous surface, 30 feet wide. Mr. Kishel explained the problems with the easement between Mr. Abrahamson's Homes on Lot 7 and Mr. Smith's home on Lot 6, noting that there is existing vegetation and trees/shubbery which would have to be removed and replaced. He also noted that the streets in this area were installed in the early 1960's and that the normal street life is 10 to 15 years. Mayor Lockwood asked for questions and comments from the audience, noting that the estimated costs for today's project are approx- imately the same as were estimated several years ago. Mr. Ralph Menning, 706 Maple Park Court, (Lot 8, 81 6,) spoke against the project, noting that the City has not maintained the drainage easement and that he is satisfied with the streets the way they are and that the City should take responsibility for fixing the area. Mr. Charles Bans, 1100 Sylvandale recommended that any future notices to affected property owners refer to the fact that any objections to a proposed assessment should be made in writing before or at the meeting so that they don't lose their right to contest any assessment. Mayor Lockwood responded that residents could respond within 30 days of the public hearing according to State Statute 429.061. Mr. Richard Herzog, 703 Maple Park Court, (Lot 4, Block 6), presented a notice of his objection to the proposed project, asking that his copy be signed on the bottom indicating receipt of his objection. He also noted that three of the five affected property owners object to the plan. He also presented the Council with a petition of about 40 other neighbors who objected to the proposed improvements. He felt that the message was clear that the residents were not interested in any unnecessary construction of streets, curbs and gutters or storm sewers. Mr. Ellis Abrahamson, 714 Maple Park Court, (Lot 7, Bl 6), stated that he receives water literally like a river between his home and Mr. Smith's home and that he is in favor of the proposed project. Mr. Robert Leffert, 669 Maple Park Court, stated that he felt that the City deserves decent streets but that he is not in favor of the project. He stated that there has been no street maintenance in the area since 1981 and noted that the residents feel that they are being ignored. They want their streets maintained but not in such an expensive manner. He acknowledged that some work should be done, but did not •want an elaborate project. Mayor Lockwood noted that he would continue the hearing until 9:00 P.M. even though another hearing was scheduled for 8:45 P.M. Ayes: 5 Nays: 0 HEARING, PUBLIC HOUSING Page No. 1733 October 19, 1982 Mrs. Gail Foreman, 688 Woodridge Drive, noted that she has lived in her home nearly 20 years and has seen almost no street maintenance. She asked for evidence of work records for maintenance work done in the area. Mrs. Diane Stratton, 1198 Falls View Court, stated that she did not want curbs, noting that some improvement is needed, but not so much. Mr. Jerry Masters, 671 Arcadia Drive, noted that he had assessed the area and does not feel curbs and gutters are necessary. He felt that perhaps the streets should be overlayed, not rebuilt. Mr. Arthur Freeman, 1127 Sylvandale, stated that people are not interested in curbs and gutters, and also felt that perhaps some spots need rebuilding. Mr. Amos Martin, 700 Woodridge, questioned if the five parcels would be exempt from any future creek improvements. Mayor Lockwood stated that they "probably" would not be exempt. It was the concensus of the majority of the audience that they would be satisfied with a one to two inch overlay of the streets. Mr. Larry Walker, landscape architect for Mr. Abrahamson, urged the Council to explore other less expensive ways to solve the drainage problems. Mr. Robert Leffert asked that City Engineer Kisehl prepare a lesser project. There being no further questions or comments from the audience, Councilwoman Witt moved that the hearing be closed at 9:14 P.M. Councilman Losleben seconded the motion. The Council directed staff to prepare a feasibility report, on a lesser scale, that would give permanent streets and relieve surface water drainage problems. Mayor Lockwood called the meeting to order for the purpose of a public hearing pursuant to the requirements of Minnesota Statutes, Section 462C.01, as it relates to adoption of a General Housing Plan. He then turned the meeting over to Larry Shaughnessy, Treasurer, for a brief presentation. Mr. Shaughnessy gave a brief history of the housing plan and noted that Carol Schultz and Mark Ulfers, both from the Dakota County HRA were present for discussion. He then turned the meeting over to Carol Schultz. Ms. Schultz advised the Council that the 25 page document that was prepared by the HRA was, for the most part, taken from the Land Use Plan of the City's Comprehensive Plan updated. She noted that Eagan and West St. Paul have also acted on the housing plan in September and that they will go through identical plans as Mendota Heights, in November. Page No. 1734 October 19, 1982 Mayor Lockwood noted errors and typographical errors in the document that should be corrected. Ms. Schultz went on to explain the document and Mr. Stan Kehl and Mr. Paul Ekholm, from Miller Schroeder, spoke on bonding and interest rates, as well as the implementation program. Mr. Carmen Tuminelly, a member of the audience, questioned the land costs in Mendota Heights, as compared to the costs in West St. Paul and Eagan. Mr. Kahl responded that the figures are the same for the 7 County Metro area. Mr. John Curry, President of Knutson Construction Company, gave a brief presentation on a housing development that was recently completed in Richfield. Mr. Larry Binger and Mr. Ken Mahol, from Regional Management Corporation, were present and noted that they would be interested in providing proposals for the City's review. Mr. Jack Klepp, from A. H. Wilder, also spoke very briefly. Mr. Cameron Kruse, Planning Commission Chairperson, was also present for the discussion and noted that he would like to see the Council proceed with all alternatives. After further discussion, Councilwoman Witt moved that the hearing be closed at 11:17 o'clock P.M. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilwoman Witt moved to adopt the Housing Plan, with corrections and revisions, that was received on October 19th, including page 26, adopting Resolution No. 82-86, "RESOLUTION APPROVING HOUSING PLAN AND AUTHORIZING SUBMISSION OF HOUSING PLAN TO THE METRO- POLITAN COUNCIL FOR REVIEW AND COMMENTS". Councilman Hartmann seconded the motion. Ayes: 3 Nays: 2, Losleben Mertensotto Councilman Losleben moved that the City Administrator send letters to the three private developers, requesting their continued participation in the process. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 PARK Mr. Tom Bayless, Chairman of the Park and Recreation Commission COMMISSION was present to advise the Council of recent action taken by the Park Board relative to closing Roger's Lake Beach. He noted that the Park Board had resolved to close the beach and remove the telephone, advising people to swim at their own risk. He also noted that the hockey rinks were flooded and maintained very satisfactorily last year and hoped the same procedures could be used again this year. The matter of rink lighting was also noted, and he suggested checking the lights to see that they are safe before the season opens. Councilwoman Witt moved to accept the recommendation of the Park Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 MISCELLANEOUS WATER RELOCATION AGREEMENT Ayes: 5 Nays: 0 Page No. 1735 October 19, 1982 and Recreation Commission to take the necessary actions to close Rogers Lake Beach. Councilman Hartmann seconded the motion. Mayor Lockwood moved that the City Council concurs with the Park Board's request that the flooding of hockey rinks be as necessary and that the flood lights be checked as recommended. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from the City of Eagan regarding a meeting scheduled for October 27th with the cities of Sunfish Lake and Inver Grove Heights to review and discuss the proposed guidelines for land use compatability with aircraft noise. Item "C" under the Consent Calendar was explained by City Engineer Kishel. He noted that this would cover reimbursement of funds expended by the City in the matter of disconnecting a segment of eight inch watermain on the west end of the proposed Wagon Wheel Trail bridge over Highway 35E by the St. Paul Water Department. After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 82-87, "RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. ONE TO RELOCATION AGREEMENT NO. 60804 WITH THE STATE OF MINNESOTA FOR EIGHT INCH WATERMAIN CUTBACK AT WAGON WHEEL TRAIL AND PROPOSED I-35E (IMPROVEMENT 82, PROJECT 4)". Councilman Hartmann seconded the motion. ARCHITECT'S Mr. Tom Hart, representing the City Attorney's office, noted that AGREEMENT he had nothing to report at this time on the status of the architect's agreement regarding the proposed fire station. MN/DOT NOISE The Council acknowledged receipt of a letter from Mn/DOT relative WALL to installation of a proposed noise wall between Wagon Wheel Trail and TH 110. Public Works Director Danielson was directed to set up a neighborhood meeting with the residents to discuss this matter. EQUIPMENT City Treasurer Shaughnessy discussed his memo on Equipment CERTIFICATES Certificates for 1982/83, noting that this matter should be completed prior to December 15th. After a brief review, he suggested that proposals be taken on November 16th. Councilman Losleben moved that authorization to take bids at the November 16th meeting be given. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 (fl MISCELLANEOUS Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 1736 October 19, 1982 Upon the recommendation of the City Clerk, Mayor Lockwood moved that the next regularly scheduled City Council meeting be moved from November 2nd to November 4th. Councilman Hartmann seconded the motion. Councilman Losleben noted that he would be unable to attend the meeting on November 4th. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 12:00 o'clock midnight. Robert G. Lockwood Mayor 1-y) 44,0‹:46, Mary nn DeLaRosa Deputy Clerk