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1980-09-02 Council minutesPage 1332 September 2, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 2, 1980 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:00 P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:07 o'clock P.M. The following members were present: Mayor Lockwood, Councilman Hartmann, Councilman Losleben, Councilman Mertensotto and Councilwoman Witt. 1981 BUDGET Public Works Supervisor, Dick Ploumen, was present to dis- REQUESTS cuss with the Council, the 1981 Public Works Department budget requests. Mr. Ploumen briefly reviewed the requests for the Road and Bridge Department, Park Department and Utility Department. Mr. Ploumen noted that the 1980 budget reflects one new person in Public Works., and that the 1981 budget continues that position. He advised the Council that a small tractor and hockey rink replacement boards were included in the Park budget as capital outlay. Mr. Ploumen answered several questions from the Council. Park Commission Chairwoman Mary Mills, who was present for the discussion, asked whether the proposed budget reflects the addition of a man for the Park Department of 1981. She stated that the Park.and Recreation Commission has been re- questing an additional man for the past two years for park maintenance purposes. She stated that the park maintenance people have a difficult time keeping up with park maintenance at the present time, and urged the Council to consider the need for a new person for 1981. The Council discussed with Mrs. Mills and Mr. Ploumen the need for additional personnel in Public Works and also dis- cussed proposed equipment needs. Councilman Mertensotto suggested that perhaps one solution to park maintenance would be to hire additional seasonal help. City Administrator Johnson briefly spoke on the Metropolitan Waste Control Commission anticipated costs for 1981 and the possible need for another increase in sewer rental rates. Administrator Johnson briefly reviewed the Planning Department budget proposal for 1981. REVENUE Mayor Lockwood opened the meeting for the purpose of a public SHARING hearing on the proposed use of 1980/81 Federal Revenue Sharing entitlements. He turned the meeting over to Administrator Johnson for a brief review. City Administrator Johnson advised the Council and audience that the City anticipates receiving $37,357.00 in 1980/81 Federal Revenue Sharing entitlements. n Ayes: 5 Nays: 0 DELAWARE CROSSING ASSESSMENT HEARING Page 1333 September 2, 1980 Mr. Johnson stated that the City does not anticipate using any of the Federal Revenue Sharing entitlement monies for the general operation of the City. It is proposed that money be used to pay off the $174,000.00 Public Works Garage construction deficit. Mr. Johnson stated that for the past several years the City has been earmarking federal revenue sharing funds to reduce the Public Works deficit. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Mertensotto moved that the hearing be closed. Councilman Hartmann seconded the motion. The hearing was closed at 8:00 o'clock P.M. Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed assessment roll for the Delaware Crossing, Delaware Hills, and Montgomery Addition public improvements. Mayor Lockwood turned the meeting over to Administrator Johnson who gave a history and review of the project. Administrator Johnson stated that the public hearing had been established to conduct a hearing on the proposed assessment roll for public improvements involved in the Delaware Crossing area, Delaware Hills area, and Montgomery Addition, and un- platted areas adjacent to and southerly of the Delaware Crossing plat. Mr. Johnson advised the audience that, in accordance with State statutes, public notice had been published in the City's legal newspaper and had been mailed to all affected property owners. Mr. Johnson stated that the improvement project was initiated by a petition in late 1977. A feasi- bility study was ordered by the Council and received in February of 1978, at which time the estimated costs for installation of oversized sewer, street, curb and gutter, grading on public right-of-way, sanitary sewer and storm sewer, were considered. Mr. Johnson stated that the estimates considered at that time were based on prices in effect in 1977, however when the project was bid and completed, the rates were based on 1980 prices. He noted that for that reason there was a considerable in- crease in some of the costs, particularly the street cost. Mr. Johnson advised that sanitary sewer was extended south from Highway 110, using an oversized pipe to allow future servicing of the area southwest of the plat. He stated that Huber Drive is an M.S.A. street, and that it is proposed to assess only for the 24 foot bituminous surface at this time. He advised that at some time in the future, Huber Drive will be reconstructed to a 44 foot street width, and it is planned that financing for said construction would be done via M.S.A. funding. Mr. Johnson also briefly explained the details in- volved in the drainage system for the area. He advised the audience that the developer of Delaware Crossing had asked at the time of platting that the assessments be levied equally against each lot within the platted area. He also advised that a portion of the cost of oversizing sanitary sewer and Page 1334 September 2, 1980 water lines is proposed to be assessed against lots lying outside of the platted areas. Mr. Johnson advised the audience that if the assessment roll is adopted, the property owners may pay the entire assessment amount in full within 30 days without interest. Those assessments unpaid after 30 days would then be certi- fied to the County Auditor for collection with real estate taxes. All underground utilities would be assessed for a 19 year period, and street assessments would be spread over a 10 year period, all at 9% interest on the unpaid balances. The Council acknowledged receipt of a written objection from the Dodge Nature Center for proposed assessments against parcel #27-30200-241-00. Mayor Lockwood asked for questions and comments from the audience. Mr. Jack Hoeschler, representing the Niehaus, Shepard, Lilly and Butler families, stated that those property owners whom he represents object to the assessments as proposed as being unequitable and exceeding the benefits which are realized by any of the properties. Mr. Hoeschler stated that none of the property owners whom he represents need, nor have asked for the public improvements. Mr. Hoeschler stated that each of the properties is served with private on-site septic systems and wells, and that the properties do not benefit by the extension of sanitary sewer and water. Mr. Hoeschler stated that if the purpose of the project was to provide streets and utilities for the new developments, the cost should be spread in a different manner. He advised that Mr. Pierce Butler is being assessed for future utility expansion, but sees no real benefit to the property at this time. Mrs. Robert Shepard stated that at the feasibility hearing she did not think there would be any street assessments against her property for Huber Drive. She suggested that the developers and the City ought to bear the cost of the construction of Huber Drive. Mrs. Alice Weed, 2245 Delaware Avenue, stated that she and her husband do not feel they should pay any assessment under the project. Councilman Mertensotto suggested that perhaps the Council should consider assessing the large parcels of property on which only one house is located in the same manner as a typical R-1A zoned lot would be assessed, and defer making the balance of the assessment against the property until such time as the property is sold or developed. Mrs. Shepard stated that she understands that in order to finance the Delaware Crossing improvement project, her property must also be assessed and therefore must become processable. She stated that if she and her husband subdivide their property and get the benefit from the improvement project, then the City Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 RECESS IVY FALLS CREEK ASSESSMENTS Page 1335 September 2, 1980 must also provide some type of public transportation, traffic control, schools, etc. She stated that she does not feel the cost/benefit is proportionate and that this would really not be progress. Mr. William Hodap, 530 lots on the south side asked whether he would Mr. Fred Waltz, owner asked for information Dodge Lane, stated that there are only of his street, none on the north. He be assessed fully for the street cost. of Lot 6 in the Delaware Hills plat, on the appeal process. Mr. Dick Abraham, 2121 Delaware Avenue, asked if there is any benefit received by residences located farther south on Delaware Avenue, and asked if he and the other property owners in the assessment roll were paying for the cost of water to be run south of his area. Mr. Joe Dotty, of August Construction Company, asked if the Council could provide him with a detailed breakdown of costs. Councilman Losleben pointed out that if the Council considers deferring the making of portions of the assessments, it would only be on the basis that the Council does not want to force development in the area. There being no further questions or comments from the audience, Councilwoman Witt moved that the hearing be closed at 9:10 o'clock P.M. Councilman Mertensotto seconded the motion. Mayor Lockwood advised the audience that anyone wishing to object to their assessments should submit a written objection to the City. Clerk within the 30 day period prior to certifi- cation of assessments. Councilman Mertensotto moved the adoption of Resolution No. 80-80, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENT FOR DELAWARE AND ADJACENT AREA IMPROVEMENTS, (IMPROVEMENT NO. 77, PROJECT NO 10)", with the understanding that the Council would consider some assessment deferments during the next thirty days. Councilman Losleben seconded the motion. The Council directed staff to review the assessment roll and to make recommendations on assessment deferments based on in- formation presented this evening, and in particular as it re- lates to those parcels discussed this evening. Mayor Lockwood called for a recess at 9:15 P.M. The Council reconvened at 9:23 P.M. Mayor Lockwood opened the meeting for the purpose of a continued hearing on proposed assessment roll for Ivy Falls creek drain- age improvements. Mayor Lockwood advised the Council that 88 assessment objections had been received since the hearing held Page 1336 September 2, 1980 on August 19th. Mayor Lockwood then asked for comments from the Council members. Councilman Mertensotto stated that he believes what concerns many of the people affected by the assessment roll is the fact that two additional creek drainage projects are projected for the future. He then explained the proposed Phase II and Phase III of the creek improvement project. He pointed out that one large concern appeared to be the question of whether the Council would assess property owners in the Phase II and Phase III areas or whether a large part of the project would be put on General Obligation taxes. Councilman Mertensotto pointed out that the Council members could not bind future City Council s to any type of policy, however, he stated that it is the intent of the current Council to assess on the same basis for future projects as what is being proposed for Phase I. He pointed out that what the Council decides to adopt for the Phase I assessment roll would set a precedent for future assessment rolls for creek improvement projects. Councilman Mertensotto stated that the main objections have come from the Somerset View area, an area which drains primarily down Dodd Road to the creek. He pointed out that there is no permanent drainage system in the Somerset View area at the present time, and that the drainage from the area contributes considerable storm water to the creek and to the problems in the creek. He stated that the 5 per square foot proposed rate is substantially below the average rate for storm sewer improvement projects at the current time. Mr. Frank Stelter, 644 Brookside Lane, stated that he has lived near the creek for many years and has never been in jeopardy of the creek, even during the seven inch rain in 1977. He advised the Council that his property has not been eroded because of the creek, nor have any trees been lost. Mr. Bill Wolston, 648 Sunset Lane, stated that 55% of the surface water running into the creek from this area comes from the City of West St. Paul, and felt that the 5 per square foot rate should thus be decreased. Mr. Herb Larson stated that he cannot see where his property could be interpreted as being benefitted by the improvement. He stated that the majority of his surface water drainage is being absorbed on his own property, and that the assessment amount should be based on the amount of runoff that the property contributes from roofs, blacktop, etc. Mr. Harold Latham stated that those people who chose to build in the low areas adjacent to the creek should pay the conse- quences, that his property is not benefitted, so he did not feel that he should have to pay anything. Mr. Bill Kumpf, 21 Dorset Road, asked how anyone could avoid paying the proposed assessments, and how property owners could avoid paying for Phase II and III improvements. City Attorney Winthrop stated that the Council may make a policy by establishing a resolution wherein it can state that Page 1337 September 2, 1980 this drainage district shall not be subject to further assess- ments for future Ivy Falls creek improvements under Phases II and III. Councilman Losleben stated that the Council is looking for a reasonable settlement on which to base future assessing for Phase II and Phase III. The Council must represent all the people in the City and must try to reach some settlement that the property owners can live with and that can be used reasonably for future creekbed improvements. Councilman Mertensotto stated that if the Council chose to put all or the majority of the costs of this or future improvement projects General Obligation taxes, the City would be in serious trouble with regard to bonded indebtedness. Mr. Russ Nelson, 29 Dorset Road, asked if the Council feels that this particular project is unique. He felt that it is a unique project in terms of the amount of surface water con- tributed by another municipality. He asked that the Council consider a solution other than what is normally done, and felt that this project should be handled as a general tax liability rather than an assessment. Mr. Heinz Otte, 22 Somerset Road, stated that the residents would not be unwilling to pay an assessment which could be justified in terms of benefit. He noted however, that the property owners share no benefit from the water that is con- tributed from West St. Paul, and if the properties within Mendota Heights were assessed for only that portion of water that is contributed by the drainage district, people would be more willing to pay. Mr. Frank Stelter stated that he is being assessed approxi- mately 5 times more than the other property owners, and that if he was being assessed at the 5 rate, rather than the 25 rate, he would not complain. He suggested however that he receives no benefit from the improvement. Mr. F. Carpenter, 572 Mears Avenue, asked whether the problem was entirely created by the heavy storm in 1977. He asked if whether in fact the problems in the creekbed could have been resolved by simply repairing the holding pond on the Somerset Golf Course. Mr. Bill Wolston stated that he acknowledges that money has been spent on the improvement project and someone must pay for it, however he does not believe that the project was a benefit to the property owners. He asked whether the Council might not arrive at a formula for spreading assessments to those who directly benefit and increase the general obliga- tion taxes a proportionate share for the contribution of water from West St. Paul. Mr. Herb Larson suggested that the costs attributable to that portion of surface water contributed to the area by the City of West St. Paul should be considered a community problem and carried on general obligation rather than assessing. Mr. Larson acknowledged that the water that has fallen on his property Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 RECESS DEPARTMENT REPORTS Page 1338 September 2, 1980 should be assessed, though he does not agree with the formula, but felt that it made no sense to assess his property for that water which fell in the City of West St. Paul. Mr. Russ Nelson stated that to spread the portion of the costs attributable to the West St. Paul drainage over general obliga- tion taxes and assess the balance seems to be an agreeable approach. Mrs. Page Haskell, 1311 Dodd Road, suggested that the people in the area were being railroaded, and asked for information on the assessment contribution proposed for Somerset Country Club. Mayor Lockwood stated that he believes there are some very practical sides to the issue which have been raised, both legal and moral issues. He felt that this problem can best be resolved if staff is directed to adjust the assessment roll. He sugg- ested that the Council consider adopting an assessment roll which would reflect an assessment of 3 per square foot, rather than 5 per square foot, for those properties outside of the 300 foot creek corridor. There being no further questions or comments from the audience, Councilman Losleben moved that the hearing be closed at 10:45 P.M. Councilwoman Witt seconded the motion. Mayor Lockwood moved to establish an assessment rate of 3 per squarafoot for those parcels outside of the 300 foot creek corridor, directing staff to prepare an adjusted assessment roll on this basis, acknowledging a $131,000.00 general obliga- tion liability. Councilwoman Witt seconded the motion. Councilman Losleben moved the adoption of Resolution No. 80-81, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IVY FALLS CREEK DRAINAGE IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 14)," adopting an assessment roll as corrected this evening. Councilman Hartmann seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 80-82, "RESOLUTION EXPRESSING THE INTENT THAT PROPERTY ASSESSED FOR PHASE I PORTION OF IVY FALLS CREEK DRAINAGE IMPROVEMENTS (IMPROVE- MENT NO. 77, PROJECT NO. 14) SHALL NOT BE ASSESSED ADDITIONAL CONSTRUCTION OF SAID IMPROVEMENTS". Councilwoman Witt seconded the motion. Mayor Lockwood called for a recess at 11:00 P.M. The meeting was reconvened at 11:10 P.M. The Council acknowledged receipt of the Police Department monthly report for July. Page 1339 September 2, 1980 PLANNING COMMISSION The Council acknowledged receipt of the minutes of the August 26th Planning Commission meeting. CASE NO. 80-20, JOHNSON Ayes: 5 Nays: 0 CASE NO. 80-21, PILGRIM Ayes: 5 Nays: 0 Mr. Duane Johnson, 542 Hiawatha Avenue, was present to request approval of his application for rear yard and side yard variances at his property in order to allow construction of a detached garage. There was some discussion over drainage and elevation of the subject garage. After brief discussion, Councilman Losleben moved approval of a six foot side yard setback variance and 16 foot rear yard setback variance, to allow construction of a garage four feet from the side property line and four feet from the rear property line at 542 Hiawatha Avenue, with the condition that th floor elevation be the same as that of his neighbor, Steve Hanso Councilwoman Witt seconded the motion. Mr. Robert Pilgrim was present to request approval of a variance from the 30 foot rear yard setback requirement at 960 Douglas Road, to allow construction of a swimming pool 13 feet from the rear property line and 12 feet from the side property line. After discussion, Councilman Losleben moved approval of a 17 foot rear yard setback variance to allow construction of a swimming pool 13 feet from the rear lot line at 960 Douglas Road Mayor Lockwood seconded the motion. CRITICAL AREA The Council acknowledged and briefly discussed a Planning ORDINANCE Commission resolution relative to a proposed amendment to Section 2.3C of the Critical Area Ordinance. After brief discussion, Councilman Losleben moved the adoption of Ordinance No. 175, "AN'ORDINANCE AMENDING ORDINANCE NO. 403," amending the Critical Areas Ordinance provisions relating to minor developments, including a single family dwelling construction, in the Critical Areas. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 PARK COMMISSION The Council acknowledged and discussed the minutes of the August 26th Park Commission meeting, in particular those items relating to the Friendly Hills tot lot and Wentworth Park access. Mayor Lockwood stated that he would do some research on the Wentworth Park access question and report back to the Council at a future meeting. The Council acknowledged receipt of a letter from Mr. Douglas Differt, Mn/DOT District Engineer, relative to construction of the proposed 1-494 Alternate 3C connection. The Council noted that Mr. Differt indicated the City could construct Alternate 3C at its own expense as a temporary roadway should the Council so desire. The Council concensus was that it would not be interested in spending City money for this purpose. RESURRECTION The Council acknowledged and discussed a letter from Mr. Thomas CEMETERY Sweeney on behalf of Acme Marble & Granite Company and the MAUSOLEUM Resurrection Cemetery relative to a request for an extension of Ayes: 5 Nays: 0 COMMUNICATIONS BEER LICENSE Ayes: 5 Nays: 0 rISCELLANEOUS Page 1340 September 2, 1980 the special use permit for the mausoleum to October 1, 1981. Councilman Hartmann moved to continue the Conditional Use Permit to October 1, 1981 as requested. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from the Metro- politan Council relative to solid waste disposal. The Council also acknowledged receipt of a memo from the League of Minnesota Cities relating to regional meetings. The Council acknowledged receipt of a letter from Mr. Paul Gerlach requesting approval of a 3.2 on-sale Beer License for St. Peter's Church in conjunction with the third annual Father Galtier days to be held on September 20th and 21st. Councilman Losleben moved to approve a 3.2 on-sale Beer License for St. Peter's Church for September 20th and 21st. Councilman Hartmann seconded the motion. Administrator Johnson reminded the Council that the next City Council meeting would be an adjourned meeting to be held on September 8th at the Mendota School for a discussion of the Eagle Ridge PUD application. The Council directed the Administrator to write to the President of the Pittsburgh-Des Moines Company to ask what consideration the firm will give to a price reduction on the elevated water tank in view of the wrinkling and buckling of the tank. The Council acknowledged receipt of the Treasurer's report for July. GUYER The Council acknowledged and discussed a memo from the Public DRAINAGE Works Director relative to the Guyer drainage improvements. The Council discussed the costs involved in the project and the proposed assessment amount. After brief discussion, Councilman Losleben moved the adoption of Resolution No. 80-83, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR WILLOW CREEK CULVERT REPAIRS (IMPROVEMENT NO. 80, PROJECT NO. 5)." Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 HAPPY HOLLOW BRIDGE The Council acknowledged and discussed a letter from City Engineer Kishel recommending the extension of the construction contract to Deluxe Construction Company, Inc. for improvements on Happy Hollow Bridge sanitary sewer siphon project. Councilman Hartmann moved to approve the City Engineer's re- commendation and extend the contract for Improvement No. 79, Project No. 10 with Deluxe Construction Company, Inc. to September 26, 1980. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 DELINQUENT SANITARY SEWER CHARGES Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 Page 1341 September 2, 1980 Councilman Losleben moved the adoption of Resolution No. 80-84, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Councilman Hartmann seconded the motion. Councilman Losleben moved approval of the list of claims dated September 2nd, 1980,and totalling $223,205.16. Mayor Lockwood seconded the motion. Councilwoman Witt moved approval of the list of licenses, granting licenses to: Asphalt Dive Company H. W. Cook & Sons Drews Construction, Inc. M. F. Fleischhacker, Inc. Johnny Masonry, Inc. McMillian Construction Co. Romy Concrete, Inc. Bruhn Excavating Dependable Excavating Co. Steininger Const. Co., Inc. J. R. Walker & Sons, Inc. Weierke Trench. & Excava. Co. Mill City Htg. & A/C Co. Trane Home Comfort Center Asfeld Construction, Inc. August Construction, Inc. Bream Homes, Inc. Gilbert Hamm Construction Co. Johannes Construction, Inc. Petersons & Osterman Bld. Donald Reinardy Bldg. Valley Investments Carlson Store Fixture Co. Cedar Valley Htg. & A/C Co. Mill City Htg. & A/C Co. Neil & Hubbard Htg. & A/C Co. Geo. Sedgwick Htg. & A/C Co. Trane Home Comfort Center Leroy Signs, Inc. Superior Pool Builders, Inc. Valley Pools, Inc. Asphaltic/Concrete Paving License Concrete License Concrete License Concrete License Concrete License Concrete License Concrete License Excavating License Excavating License Excavating License Excavating License Excavating License Gas Piping License Gas Piping License General Contracting License General Contracting License General Contracting License General Contracting License General Contracting License General Contracting License General Contracting License General Contracting License Heating and A/C License Heating and A/C License Heating and A/C License Heating and A/C License Heating and A/C License Heating and A/C License Sign Erecting License Swimming Pool Construction License Swimming Pool Construction License Councilman Losleben seconded the motion. ADJOURN Ayes: 5 Nays: 0 Page 1342 September 2, 1980 There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned to 7:30 P.M., September 8th, 1980. Councilman Hartmann seconded the motion. Time of Adjournment: 11:55 o'clock P.M. &V.‹;,i)rn athleen M. Swanson .City Clerk ATTEST: L-gefit- aecrartiol Robert G. Lockwood Mayor