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1980-08-19 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes Of the Regular Meeting 'Held TuesdaY,-August 19, 1980 Page 1319 August 19, 1980 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: Councilmen Losleben, Hartmann, Mertensotto, and Councilwoman Witt. ASSESSMENT HEARING, IVY FALLS CREEK Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed assessment roll for Ivy Falls Creek drainage improvements. Mayor Lockwood turned the meeting over to City Administrator Johnson for an explan- ation of the project. Administrator Johnson stated that the hearing was called in accordance with Minnesota Statutes, Chapter 429, which deals with public improvements. He pointed out that notices were mailed about a month ago to notify the property owners of the hearing for discussion of costs and proposed assess- ments for drainage improvements in the Ivy Falls Creek. Mr. Johnson stated that the project was initiated because of a seven-inch rainfall which occurred in August of 1977, and prior to which erosion had taken place in the creek from the Somerset Golf Course northwesterly into the Mississippi River. He stated that as the result of the August 30, 1977 storm, the dam on the golf course property washed out and the water which was held in the pond, as well as surface water from the storm, created havoc downstream. At that point, the City began preparing a study on drainage and erosion. In May of 1978, a second major storm occurred and created several flooding problems downstream and west of Highway 149. The Council at that time was beseiged with complaints and, as a result, requested a report from the City Engineer who proposed twin 48 inch pipes from Somerset School to Laura Court. A feasibility hearing was conducted on August 22nd at Somerset School. Mr. Johnson advised that the feasibility hearing notices indicated a $200,000 improvement project which was based on the Engineer's estimates of costs for right -of-way, fees, and construction of twin pipes from Somerset School to Laura Court. At the public hearing, it was quite evident that the people did not believe the twin pipe system was the answer, so the Council directed further study on the matter and continued the hearing to October 17th. He stated that at that hearing the City Engineer presented a study entitled "Erosion", in which he suggested that the creek improvements should be considered as three public improvement projects totalling an estimated cost from $775,000 to as high as $1,000,000. After study and discussion, the Council ordered construction of Phase I, the improvement and preparation of plans and specifications. Mr. Johnson explained the inprovements which were constructed in the creek under this improvement project. He advised that the total actual cost of the project was $300,500, which includes one- third of the cost of the erosion study. In addition, the August 19, 1980 Page 1320 Somerset Country Club spent approximately $60,000 in rebuild- ing the original dike and holding pond to its original size and holding capacity. The pond was subsequently enlarged by the City to increase the holding capacity further. Mr. Johnson described the boundaries of the proposed assessment district and advised that the Council proposes that the most equitable assessment formula would be a. rate of 25 per square foot for those properties lying within 150 feet of the center- line of the creek and a rate of 5 per square foot for those remaining properties outside of the 150 foot corridor. He stated that under the proposed formula, assessments would amount to $240,000 of the total project cost and the Council proposes to carry $60,000 on general obligation taxes. He further advised that if the assessments are adopted, property owners would be given 30 days in which to pay their assessments in full without interest. Assessments not paid within the 30 days would be certified to the Dakota County Auditor's office for collection with real estate taxes over a nineteen year period at an annual interest rate of 9% on the urpaid balance. The Council acknowledged letters of objection to the assessments from William F. Hueg, Jr. and Hella Mears Hueg, 1170 Dodd Road; Howard and Elizabeth Hinterthuer, 625 W. Emerson Avenue, and Frank and Ethel Siebell, 1212 Dodd Road. Mayor Lockwood asked for questions and comments from the audience Mr. Harold Latham, 1211 Delaware Avenue, cited M.S. 429.051, stating that the cost of improvements may be assessed against property benefitting by the improvement, and stated that he does not benefit since his property is located on high ground, and should not have to pay anything. Mr. Harry Drake, 6 Beebe Avenue, asked how the boundary of the assessment district was determined, and how it was deter- mined where the water flows. Mr. Gordon Shepard, 1349 Delaware Avenue, stated that his question relates to benefits as they relate to his property, questioning whether what was done on the creek affected the water level at his property at Emerson and Delaware Avenue. He stated that after he purchased his property in March, he did some remodeling, after which the rain came and water kept pumping into the basement. He questioned whether his property benefitted as the result of the project and stated that he would be glad to meet with the City Engineer to review his site and drainage. Mr. Patrick Farrell, 19 Dorset Road, stated that there is a pro- vision in the Statutes stating that no appeal may be made unless a written objection is filed by the property owner prior to, or at, the hearing. He stated that he would hope that the property owners would not be penalized for not filing a written objection this evening, and further that no one wants to waive any appeal rights. He asked how much the City of West August 19, 1980 Page 1321 St. Paul is contributing to the project, and also whether the City had prepared an appraisal of each of the properties within the drainage district as the result of the improvements. Mr. Farrell stated that generally when a storm sewer assessment is levied, it is levied against the area within the drainage basin. This drainage basin is split by municipal boundaries, much of the water coming from West St. Paul. He agreed with the City's general "pay as you go" principle, but felt that this situation is different and that the total $300,000 project cost is not proposed to be assessed against all of the benefitting area. He felt that this particular drainage problem should have been considered a total community problem, and that the Council would not be breaking precedent by using a greater general obligation formula since a good deal of water in the drainage district comes from West St. Paul. Mr. Henry Thera, 1305 Dodd Road, stated that he is proposed to be assessed $2,600 for the project, and he sees no benefit. He stated that he has no water problem on his property. Mr. Bob Wolters, 11 Dorset Road, stated that he does not think the drainage district is fair because the Council left off a few areas. He noted that it is easy to see how much water comes into the area from the City of West St. Paul and that he would think the property owners should pay for only that water which drains from Mendota Heights and not that which comes from West St. Paul. Mr. Herb Larson, 1295 Dodd Road, stated that if the project is assessed, rather than put on taxes, the property owners have no tax deduction. He suggested that by putting the project cost on taxes, the property owners would at least have that amount as a deduction. He suggested that those people who built in the flood plain should pay for the project, and that the West St. Paul portion should be considered a City-wide cost. He stated that he has never had a water problem on his property and he sees no benefit from the project. Mr. Francis Siegfried, 8 Dorset Road, asked what guarantee those property owners who are assessed under the project have that they would not be assessed or taxed for the second and third phases of creek improvement. Mr. Siegfried also stated that his lot is not large enough to generate the type of assessment that is proposed and suggested that his assessment was miscalculated. Mr. Herb Larson stated that he believes those people with larger lots should have lesser assessments since there is less runoff and more absorption with larger amounts of green area than there are in the heavier developed lots. Mr. Lee Haskell, son of Mrs. Page Haskell, stated that since his mother has a large lot, her assessment is much higher than most. He stated that he can appreciate that the City Council does not want to raise taxes because of improvement projects, but suggested that the Council must consider the benefits August 19, 1980 Page 1322 attributable to the lots on the basis of market value increases. He asked whether the Council has determined an increase in the value of his mother's property as the result of the improvement. Mr. Bill Kemp, 21 Dorset Road, asked how many houses were involved in the original flooding problem. He stated that he is proposed to be assessed $300 under the project to pay for a mistake that was made when building permits were issued for the low land abutting the creek. Mr. Stan Gustafson, 7 Mears Avenue, stated that he is in favor of paying assessments when the property is benefitted. He stated that while his property contributed some water to the creek, he is not sure whether he contributed $1,600 worth of water to the creek. He noted that if an assessment appears to be unfair, the property owners will complain about the assess- ments. If West St. Paul contributes 55% of the water to the drainage district, he felt that that percentage of the project cost should become a general obligation of the entire City and only the 45% of the project cost should be assessed. Mr. Michael Kluznik, 1057 Chippewa Avenue, stated that his property was assessed several years ago for drainage improve- ments in the northeast area, and that he would strongly object to paying general obligation taxes to contribute to the cost of this improvement project. He supported the City Council's position in the matter. Mr. Bill Wolston, 648 Sunset Lane, asked whether there were any easement costs included in the project costs. He also asked what the City plans to do with the creekbed below Laura Court. Mr. Harold Latham, 1211 Delaware Avenue, stated that he has the highest property in the area and the rainfall from his property drains in three directions. He asked whether his property would be assessed for the cost of subsequent creek improvements since the property drains in three directions. Mrs. Page Haskell, 1311 Dodd Road, stated that the drainage problems are really the result of the development of Ivy Falls, and that the development and the engineering for the develop- ment changed the course of the creek and really created the drainage problems. She asked whether, if the meeting is con- tinued, the Council could give the property owners an idea of an alternative solution, or if the Council would use the same philosophy at the second hearing. Mr. Ray Brower, 1281 Delaware, asked whether the property owners are likely to be assessed for phases two and three of the creek improvement project. Mr. Herb Larson, 1295 Dodd Road, suggested that the property owners may pay this assessment based on a small general obligation amount, and if a new Council is elected at some August 19, 1980 Page 1323 future point, the policy may change so that the future projects in the creek might be placed on general obligation and the people will have to pay again. He suggested that maybe now is the time to accept a greater general obligation tax and accept the total creek improvement as a City obligation. Mr. Heinz Otte, 22 Somerset Road, asked if the people could get some guarantee that they will not be assessed for future projects. He asked whether it could be a matter of record that the intent of the Council is that the property owners will not be reassessed or burdened by tax increases resulting from future phases two and three. The Mayor, Council and staff responded to the questions from the audience as they were posed. The Council indicated its intent that the property owners should not be further assessed for phases two and three nor should they bear a greater pro- portionate general tax obligation for phases two and three than are proposed under the current project. After considerable discussion, and there being no further questions or comments from the audience, Mayor Lockwood moved that the hearing be continued to 9:00 P.M. on September 2nd. Councilman Mertensotto seconded the motion. Mayor Lockwood stated that those persons wishing to object to the proposed assessments may either submit written comments to the Council prior to the September 2nd hearing continuation, or may leave their written objections with the City Clerk this evening. Mr. Larry Robertson and Mr. Steve Laible, from Peat, Marwick & Mitchell, were present to discuss the 1979 audit report with the Council. Mr. Robertson and Mr. Laible reviewed the audit document briefly, as well as the Federal Revenue Sharing report and the management letter. They proposed to conduct a work session with the Council to go through the report in greater detail. There was also some discussion relative to preparation of a fixed asset schedule and appointment of the firm as the 1980 auditors. The Council acknowledged a memo from Public Works Director Danielson regarding a drainage problem at 723 Cheyenne Lane, property owned by William Stieger. Mr. Stieger and Mr. Kevin Eide, his attorney, were present to discuss a letter from Mr. Eide to the City on Mr. Stieger's behalf. Mr. Eide stated that the Stiegers have expended a considerable amount of money setting up a drainage system around their home on a diagonal line to the east. About 10 years ago, August 19, 1980 Page 1324 the owner of the lot east of the Stieger property requested the City to deposit any excess fill from a public improvement project onto his lot. The request was approved by the Public Works Supervisor at that time, and in so placing the fill, the City removed part of the pipe that the Stiegers had installed. He stated since that time the pipe has backed up and the Stiegers have had many problems with basement drainage. He felt that the City should open up the natural drainage course again and that the pipe should be extended from the existing Stieger pipe over to the drainage ditch. He further suggested that the City open up and repair the Stieger drain tiles, assist the Stiegers with the clearing of the pipe running from their residencd to its termination point, and install additional pipe to permanently handle the drainage. After some discussion, the Council concurred with the Public Works Director's recommendation that the City is not respon- sible for the installation of any additional drain tile for the Stiegers, but that the City crew could dig a drainage ditch for Mr. Stieger using the City's backhoe and City man hours, but that maintenance of the ditch would be the respon- sibility of the Stiegers. Mr. Danielson was directed to use his discretion as long as any work done by the City is done on public property. FINAL PAYMENT, Public Works Director Danielson advised the Council that he PUBLIC WORKS GARAGE has held up final payment on the Public Works Garage to Henry 0. Mikkelson because of problems in seeding of the site. He stated that it was finally decided that it would be best to reduce the balance due on the final payment by $770, and provide seeding of the site by City staff. He stated that Mr. Mikkelson has agreed with this proposal, and that the $1,730 amount noted in the final payment certificate represents a reduction of $770 for City seeding of the site. After brief discussion, Councilman Mertensotto moved the adoption of Resolution NO. 80-76, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT FOR PUBLIC WORKS GARAGE", approvinc final payment of $1,730 to the Henry O. Mikkelson Company. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT The Council acknowledged receipt of the Police Department report REPORTS for June and the Fire Department monthly report for July. RELIEF ASSOCIATION BYLAWS The Council acknowledged receipt of the proposed Firemen's Relief Association Bylaws amendment and a letter from Associatior President, Richard Weinzettel, requesting City Council approval. NOISE POLLUTION ( ) ASSESSMENT ROLL MISCELLANEOUS INDUSTRIAL REVENUE FINANCING Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES August 19, 1980 Page 1325 Administrator Johnson stated that he has referred the proposed bylaws to Stan Peskar of the League of Minnesota Cities, and that he has received a letter from Mr. Peskar relative to the bylaws amendment. Mr. Johnson stated that Mr. Peskar has reviewed the old bylaws and the new bylaws. He recommended that the matter be continued to the next Council meeting so that Mr. Peskar's letter can be studied and a recommendation can be made. The Council acknowledged and discussed a memo from Police Chief Thul regarding noise pollution regulations and enforce- ment. Councilman Losleben asked for Council support for a noise Ordinance, however, no action was taken at this time. City Engineer Kishel briefly reviewed the proposed assessment roll and associated rates for the Delaware Crossing improvement project. Acting City Attorney, Hart Kuller, advised the Council, in response to a question at the August 5th meeting, that the Council may assess MAC property in the same manner in which it assesses School District property for public improvements. Attorney Kuller advised the Council that the Carl A. Anderson Industrial Revenue Financing hearing, which was scheduled for September 2nd, must be rescheduled because of publication deadlines. Councilwoman Witt moved the adoption of Resolution NO. 80-77, "RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT CALLING FOR A PUBLIC HEARING THEREON", re-estab- lishing the Carl A. Anderson Company hearing for September 16, at 7:30 P.M. Councilman Losleben seconded the motion. Councilman Hartmann moved approval of the List of Claims dated August 19, 1980, and totalling $25,063.84. Councilman Mertensotto seconded the motion. Mayor Lockwood moved approval of the List of Licenses, granting licenses to: Mack's Excavating A. Binder & Son, Inc. B-Tu-Mix Construction, Inc. DeLangCo Company Efficient Shelter, Inc. Hearth & Home Company Excavating License Gas Piping License General Contractors License General Contractors License General Contractors License General Contractors License Ayes: 5 Nays; 0 JOINT PURCHASE AGREEMENT Ayes: 5 Nays: 0 POLLING PLACES Ayes: 5 Nays: 0 MISCELLANEOUS LAND USE PLAN ADJOURN Ayes: 5 Nays: 0 ATTEST: 44--A oto-d„..1 August 19, 1980 Page 1326 Marich Construction Company Walter's Construction Allied Metalcraft Company TC Bernard L. Dalsin Company Hayne Roofing Company Galster Construction General Contractors License General Contractors License Heating & Air Conditioning Roofing License Roofing License Siding License Councilman Losleben seconded the motion. The Council acknowledged and briefly discussed participation in a proposed Joint Purchase Agreement with Hennepin County. After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 80-78, "RESOLUTION REQUESTING INCLUSION OF THE CITY OF MENDOTA HEIGHTS IN THE HENNEPIN COUNTY PURCHASING PROGRAM". Councilman Mertensotto seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 80-79, "RESOLUTION ESTABLISHING PRECINCT POLLING PLACES". Councilman Hartmann seconded the motion. The Council acknowledged receipt of the Public Works Director's monthly report for July. The Council acknowledged receipt of two memos relative to proposed revisions to the Land Use Plan. Discussion was tabled to August 26th. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be continued to 7:30 P.M., August 26th. Councilman Mertensotto seconded the motion. TIME OF ADJOURNMENT: 11:33 o'clock P.M. Robert G. Lockwood, Mayor 732J44--.'"a----,------- athleen M. Swanson, City Clerk