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1981-01-20 Council minutesPage 1409 January 20, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 20, 1981 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 p.m., at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:30 P.M. The following members were present: Mayor Lockwood, Councilman Hartmann, Councilman Losleben, Council- man Mertensotto and Councilwoman Witt. FEASIBILITY HEARING - FRIENDLY HILLS WATER CONVERSION Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed conversion of the Friendly Hills water system from the Mendota Water Company to the St. Paul Water system. Mayor Lockwood turned the meeting over to Acting Mayor Mertensotto. Mayor Lockwood and Councilwoman Witt were temporarily excused to participate in a discussion in the City offices with Ivy Falls First Addition homeowners on proposed street and drainage system alternatives. Acting Mayor Mertensotto stated that both the legal public hearing notice and an informal explanatory letter from the Public Works Director had been mailed to owners of all property served by the Mendota Water Company. He then turned the hearing over to the City Administrator and Public Works Director for an explanation of the proposed project. Administrator Johnson advised the audience that the franchise granted by the City to the Mendota Water Company in 1956, authorizing the right to own and operate a private water system, will expire in May of 1981. At that time, the water system will revert to City ownership. Mr. Johnson stated that the City does not operate a water system currently, simply installs watermains and assesses the costs for those mains to the abutting properties. The St. Paul Water Utility pro- vides meters, does meter readings and billings, and provides water through the municipal system. He pointed out that the City is not interested in operating the 230 customer system because of the costs involved in operating such a system, and that the prevailing thought is that the system should be integrated into the St. Paul Water system. He noted that one advantage to the conversion is the fact that the water provided by St. Paul Water is pre-treated and softened. This would allow the homeowners to eliminate existing water softeners and the cost of their operation. He also advised that the average St. Paul Water billing to customers presently under the Mendota, Water Company-system would be considerably less than the $17.00 per month charge by Mendota Water Company. Mr. Johnson advised the audience that there will be costs associated with the con- version. He stated that if the project is ordered in, the City would need to hold a later assessment hearing, at which time Page 1410 January 20, 1981 costs for the conversion would be assessed against the bene- fitting properties. Public Works Director Danielson stated that the proposed pro- ject would require adjustments to be made in the existing system, both within the residences and in the street. He noted that the first adjustments needing to be made would be those within the residences. Mr. Danielson then advised the audience of those changes needing to be made in-house. He briefly explained some of the engineering details, includ- ing the various connection points to the St. Paul Water system, as well as various changes required by St. Paul Water, such as the cleaning of gate valve boxes, repair or correction of curb stops, and a number of other changes which must be made. He stated that after all of the repair and construction work in-house and in the street is completed, and the connection is made to the St. Paul Water system, the existing water tank will be torn down. Mr. Danielson introduced Mr. Bernie Bullert, representing the St. Paul Water Department, who was present to distribute mat- erials and answer questions. Acting Mayor Mertensotto asked for questions and comments from the audience. Mr. George Buttleman, 730 Navajo Lane, stated that he is "gun- shy" from a cost standpoint because of the cost increases during installation of the sanitary sewer system for Friendly Hills which came in at a much greater cost than was originally suggested. He asked how fiLm the price for this conversion is. He also asked whether the City intends to limit the number of contractors who can do the in-house plumbing work. Public Works Director Danielson stated that bids have not been taken on the proposed project at this point, so it can not be 100% determined that the proposed assessment rate will be the final rate. He did note, however, that a good deal of research was done preparatory to the cost estimate, noting that recent bidding procedures in local communities have been very favorable. In response to the question on contractor limitations, he stated that the only restriction is that plumber hired for in-house conversions must be licensed by the State and the City of St. Paul. He stated that homeowners are not required to use any specific contractor, nor are they limited in any regard other than the restriction on adequate licensing. Mr. Buttleman stated that he has heard that there are many leaks in the existing system and asked whether the conversion to St. Paul and the subsequent increase in water pressure would cause serious problems. Mr. Danielson stated'that no serious problems are anticipated as the result of the conversion, however, any leaks which occur would be corrected through the City's general maintenance budget. He pointed out, however, that when the City installs a water Page 1411 January 20, 1981 main, it puts in the service to the curb stop. The City repairs that portion of the water line but would not be responsible for the pipe from the curbstop into the house. He pointed out that any repairs necessary from the curbstop to the house would be the responsibility of the homeowner. Mr. Bullert stated that the City of St. Paul would only maintain those services that it has installed, and that it has not been agreed that St. Paul Water would guarantee the service pipe from the main to the property. City Administrator Johnson stated that there is no written policy on the maintenance relationship, however, as Mr. Bullert indicated St. Paul Water does not repair services that have been put in by an individual contractor. As the result, several years ago, the City of Mendota Heights changed its policy to provide that St. Paul Water would install the services itself and guarantee the pipe between the main and the curbstop. In response to the question over increased pressure causing additional leaking, Mr. Bullert stated that the mains were designed for 150 psi, utilizing all copper services which are designed for 125 pounds of pressure. He could see no problem in the change from 65 psi (existing pressure) to 100 psi. Mr. John McGroarty, 2174 Aztec Lane, stated that he and two adjacent property owners have experienced many problems with water line freeze-ups, and asked the City to resolve the pro- blem as part of the conversion project.. He then read a letter signed by him on behalf of himself, Mr. Krautkremer and Mr. Lambrecht, and submitted the letter as a matter of record. Acting Mayor Mertensotto asked Mr. McGroarty if he knew how many other homes have the similar problems with freeze-ups. Mr. McGroarty stated that he does not know the number of addi- tional homeowners having problems. He also stated that he does not know whether the freezes are occurring within the private property section or public property. Mr. McGroarty asked the Council whether it would continue the principle suggested and agreed to by Mendota Water Company to continually run water in each of the affected residences throughout the winter months. Acting Mayor Mertensotto stated that the water line freeze ups present a specific problem which must be addressed but that he is unsure what procedure should be used. Administrator Johnson suggested that the Council publicly request those people who have had frozen services in the past to make that information known to the Public Works Director so that the City staff can determine the extent of the problem and at least recommend some correction or remedy. Councilman Losleben noted that the Council must know how many freeze-up problems there are and then decide how to solve them. Acting Mayor Mertensotto acknowledged a memo from the City Clerk relative to the freeze-up complaint submitted by Mr. McGroarty and the other two property owners. He asked the members_of the Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page 1412 January 20, 1981 audience to advise staff if they have had problems with freeze- ups in the past. Mr. Bob Weinzettel asked what the value of the existing water meters is. Mr. Danielson responded that the St. Paul Water Company will replace the current meters with St. Paul Water meters and retain the original meters. He advised that the Mendota Water Company has agreed to give back to each of the customers a refund of the original deposit made for the water meters. Mr. Lionel Greenburg, 756 Pontiac Place, asked whether the City had taken any steps relative to getting bids from a contractor for in-house improvements. Mr. Danielson stated that such bids, if the project is approved, would'be accepted around the first of March. He advised that the Mendota Water Company customers would be advised of the price bid. Mr. Carl Becker, 2197 Aztec Lane, stated that he has been told that the pressure reducing valve is adjustable and asked who sets the pressure. Mr. Bullert responded that the individual plumbers would set the pressure and that the pressure should be set at something less than 80 psi. Councilman Losleben cautioned the audience that the change in water pressure from 65 to 100 psi will not be totally acceptable to the homeowners in the first few weeks, because the added pressure might result in corrosion coming through the water pipes for a short period of time. Mayor Lockwood and Councilwoman Witt returned to the meeting at 8:20 p.m. Mayor Lockwood advised the audience that anyone who has addi- tional questions or comments after the public hearing is closed should feel free to contact the Public Works Director at the City offices. Mr. Bullert advised the audience that if the conversion is authorized, St. Paul Water would accept applications for water meters in the Mendota Heights City Hall for one week. There being no further questions or comments from the audience, Councilman Losleben moved that the hearing be closed. Councilman Hartmann seconded the motion. The hearing was closed at 8:28 o'clock P.M. Councilman Losleben moved the adoption of Resolution No. 81-04, "RESOLUTION ORDERING PROJECT AND DIRECTING PUBLIC WORKS DIRECTOR TO PREPARE PLANS AND SPECS THEREFORE, (Improvement No. 78, Project No. 4)." Councilman Hartmann seconded the motion. Page 1413 January 20, 1981 CASE # 80-17, Mayor Lockwood stated that the public hearing on the Federal FEDERAL LAND COMPANY Land Company application for Planned Unit Development had PUD been closed on November 18th, and that at that meeting the Council had directed preparation of a professional opinion as to whether the proposed project would be in the best interest of the City. He then acknowledged receipt of the report prepared by City Planner Dahlgren with engineering input from the City Engineer and Public Works Director. Mayor Lockwood pointed out that copies of the report had been distributed to the applicant and all adjoining property owners. He then asked for comments from the Council relative to the report information. Councilwoman Witt asked City Attorney Winthrop for a clar- ification of Section 19.1 of the Zoning Ordinance which concerns the ten acre minimum land area for a P.U.D. consideration. She asked whether the acreage minimum is a guideline or if the Council must adhere to it. Mr. Winthrop advised that it is not a guideline, it is a provision of the Ordinance. He advised that the provision may be waived by the Council if it determines that there are valid reasons to consider the provision inapp- ropriate. Councilwoman Witt also expressed concern over the ponding area maintenance and aesthetics. Public Works Director Danielson stated that the maintenance and grooming of the ponding area would be taken care of by the developer, even though the ponding area would be a part of the City's drainage system. Councilman Mertensotto wondered about the change in site plans from the original proposal of one-story units to the latest plan for a mix of one and two-story structures. Mr. Ron Erickson, architect for Federal Land Company, stated that the change came as a compromise wherein the developer deleted some units and maximized the green area. Councilwoman Witt asked how much larger the footprint would be if the one-story proposal were developed. Mr. Erickson stated that there are five two story units, two of which are lower level walk-outs which would have to remain as proposed because of land characteristics. He stated that if the other three units were changed to single story structures, they would add about 3,000 square feet to the footprint. Councilman Hartmann disagreed with the statement that the PUD rather than single family development would significantly reduce the density. He stated that because of the slopes on the site, he believes the PUD would actually be an increase over density possible under single family development. He felt that sound planning would be to reduce the effects of run-off and erosion rather than to allow the higher density of the PUD proposal. Mr. Erickson responded that there would be less density because traditionally there are fewer people per household in the proposed type of development than in single family developments. Page 1414 January 20, 1981 Councilman Hartmann responded that the Council defines density as ground coverage, and that he does not understand how the PUD would be lower in density than single family in the number of units, roof area or whatever comparisons could be made. He noted that the single family sketch plan included in Mr. Dahl- gren's report, which Mr. Dahlgren therein stated illustrates what he would recommend if single family development would occur, included only 12 single family structures -- a lesser density than the 15 unit PUD proposal. Mr. Erickson responded that in the PUD, the dwelling units are clustered with less roadway and public right-of-way and drive- way surface than in single family developments. Councilman Hartmann also expressed concern over the connection between Miriam and Hiawatha Streets, stating that he believes there would be a good deal of difficulty-in negotiating the turn. Mr. Vern Colon, the developer, stated that he does not believe anyone would have trouble negotiating the turn, that the 90 degree radius is the same as any other intersection in the City. In response to a question from Mayor Lockwood over clarification of the number and location of the two-story structures in the current PUD sketch plan, Exhibit C, Site Plan A, Mr. Erickson stated that there are three two-story units, identified as Units 14 and 15, and either unit 3 or 4. Mr. Colon pointed out that Units 14 and 15 will be located on the site where a two-story barn currently is located. Councilman Mertensotto stated that what is disturbing about the matter is that the arguments in the report in favor of the PUD could apply to any open space in the City. He noted that the Council had asked the Planner to inform the Council on what characteristics of the site make it different from any other open space, differences which would necessitate a change from single family to PUD. He stated that he could favorably con- sider the PUD if adjoining property owners were not objecting to the proposal, and if there were some overriding reasons presented on why the site should be developed under a PUD rather than as single family. He stated that there are objec- tions that cannot be overcome. Mr. Colon asked whether the objections are prudent and have merit. Mr. James Flanagan, 995 Winston Court, stated that he has read the Planner's report and felt that he and the other adjoining property owners who object to the PUD should have been contacted for information on their objections during the report pre- paration process. He stated that when he built his home, he was told that his deed restricted him from constructing a two- story home so that his home would not obstruct views. He felt that the report was one-sided in favor of those who support the PUD concept. Page 1415 January 20, 1981 Councilman Losleben pointed out that the Planning Commission had unanimously recommended denial of the application. Mayor Lockwood noted that the subject property is bounded on three sides by single family development and by TH 13 on the other side. He pointed out that the Planner, in his report, rendered the opinion that the property can be developed as single family. He also pointed out that there are no over-riding reasons why the property should be developed any differently than the area surrounding it. Mayor Lockwood moved the adoption of Resolution No. 81-05, "RESOLUTION DENYING FEDERAL LAND COMPANY APPLICATION FOR P.U.D." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 WATER TANK The Council acknowledged a letter and sketches from Mr. Dean MODIFICATION Bach, of Pittsburgh-Des Moines Steel Company, and a memo from City Planner Dahlgren regarding modification in the City's water tank to reduce the effect of the wrinkling in the_tank. Mr. Bach was present, and explained that the proposal in the sketches shows approximately 100 channel-type vertical flutes installed on the top of the tank, 3 feet 2 inches from center to center. He stated that his firm would repaint around the channels, inside and outside of the tank. He pointed out that it would be necessary to drain the tank during the installation process, and acknowledged that PDM would pay for the cost of the wasted water. Mr. Bach stated that the Planner's sugges- tion that the identification letters be mounted four inches away from the surface of the flutes might present a problem from a maintenance (painting) standpoint. Mr. Bach pointed out that the addition of the flutes will_not damage the tank in any way structurally. He also stated that his company will take all steps possible to minimize the time the tank is out of service. After additional discussion and questions from the Council, Councilman Hartmann moved to approve the corrective action based on the City Planner's recommendation. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Administrator Johnson advised the Council that the City has retained approximately $130,000 from the total water tank contract amount. He pointed out that PDM estimates that the corrective work will cost approximately $15,000, and recommend- ed that the Council approve release of a portion of the contract retainage. Councilman Losleben moved to approve release of $95,000 of the water tank construction retainage to Pittsburgh-Des Moines Steel Company. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 IVY FALLS FIRST ADDITION Page 1416 January 20, 1981 Mayor Lockwood reported to the Council on the informal dis- cussion on proposed Ivy Falls street and drainage improvements held earlier in the evening. He stated that approximately twenty people were present for the discussion and called on Mr. Shelvin Keiffer, a spokesman for the group, to express the concensus of the property owners. Mr. Keiffer stated that it was the opinion of the residents that nothing should be done. The conclusion he reached from the discussion was that if the City would desire to specially assess the area for extra maintenance of streets, it would be acceptable to the neighborhood. The Council agreed that if the residents do not want any improvements, none would be ordered at this time. It was acknowledged that the City has only limited maintenance money, and street maintenance would be limited to patching of potholes. COMMISSION The Council acknowledged receipt of a letter from Mr. Richard APPOINTMENTS Abraham, in which Mr. Abraham expressed his interest in appoint- ment to the Park and Recreation Commission. APPROVAL OF Councilman Losleben moved approval of the minutes of the MINUTES December 16th Council meeting Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Councilman Losleben moved approval of the minutes of the January 6th Council meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT The Council acknowledged receipt of the Fire and Code Enforce- REPORTS ment Officer monthly reports for December, and the Police Department monthly report for November. COMMUNICATIONS The Council acknowledged receipt of the December issue of Metropolitan 911 News. LABOR AGREEMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 City Administrator Johnson advised the Council on the details of negotiations on both the Police and Public Works Department labor agreements. He recommended that the Council approve the agreements as negotiated. Councilman Losleben moved that the Mayor and City Clerk be auth- orized to execute the 1981-1982 Public Works Department labor agreement as negotiated by the City Administrator. Councilwoman Witt seconded the motion. Councilman Hartmann moved that the Mayor and City Clerk be authorized to execute the 1981-82 Police Department labor agreement as negotiated by the City Administrator. Mayor Lockwood seconded the motion. FIRE DEPARTMENT MISCELLANEOUS LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 1417 January 20, 1981 The Council acknowledged receipt of a handout memo from the City Administrator outlining Volunteer Fire Chief and Assis- tant Chief compensation from various communities. Councilman Mertensotto reported on the attendance at a recent Capitol City Regional fire meeting. He advised that as part of his conversation with Wilfred Dehrer, the question of filing of Relief Association By-laws arose. He stated that he was advised that the By-laws amendment adopted by the Fire Depart- ment has been filed and that he reminded Mr. Dehrer that the amendment approved by the Department was not approved by the Council and therefore would have no validity. Councilwoman Witt advised the Council that she will be out of town on the evening of the next regular Council meeting. The Council acknowledged receipt of the Treasurer's report for December, 1980. Mayor Lockwood moved approval of the List of Claims dated January 15, 1981, and totalling $464,602.32. Councilman Losleben seconded the motion. Councilman Hartmann moved approval of the list of licenses, granting licenses to: Ace Blacktop, Inc. Asphalt/Concrete Paving Mendota Heights Cherokee Cigarette Mendota Heights Country Boy Cigarette Somerset Country Club Cigarette Berghorst Plumbing & Htg. Excavating Dependable Excavating Co., Inc. Excavating Genz-Ryan Plumbing & Htg. Gas Piping Neil & Hubbard Heating & Air Cond. Gas Piping Northeast Sheet Metal, Inc. Gas Piping Daco, Inc. J & D Builders, Inc. Rauenhorst Corp. Valley Investments Genz-Ryan Plumbing & Htg. Horwitz, Inc. Northeast Sheet Metal, Inc. City Cleah Up Emil Oehrlein, Trucking General Contracting General Contracting General Contracting General Contracting Heating & Air Conditioning Heating & Air Conditioning Heating & Air Conditioning Rubbish Hauling Rubbish Hauling Councilwoman Witt seconded the motion. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. Page 1418 January 20, 1981 TIME OF ADJOURNMENT: 10:25 o'clock P.M. %4?? a th leen M. Swanson City Clerk ATTEST: ifcraLutrtd Robert G. Lockwood Mayor