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1980-07-15 Council minutesPage 1301 July 15, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 15, 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 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, Councilmen Losleben and Mertensotto and Councilwoman Witt. Councilman Hartmann had notified the Council that he would be out of town. HEARING -- IVY Mayor Lockwood opened the meeting for the purpose of the FALLS FIRST continuation of a public hearing on proposed improvements ADDITION to serve the Ivy Falls First Addition. Mayor Lockwood asked for comments from the audience. Mr. Leon Goodrich, 1157 Cascade Lane, distributed to the Council copies of the results of a questionnaire circulated amongst property owners who would be affected by the proposed project. He pointed out that there were seven responses favoring the proposal, 28 against and three other. Mr. John Lommen, 684 Maple Park Drive, spoke in favor of the project and asked the Council to exercise their good judgement in the matter. Mr. Von Feldt, 701 Woodridge, stated that he does not feel that street improvements are needed now, and does not feel he would receive any benefit from storm sewer improvements. A member of the audience stated that he feels street improve- ments and curb and gutter are necessary but opposes the project on a financing.basis. The Council acknowledged receipt of a request from five property owners at the west end of the Woodridge cul-de-sac for preparation of a feasibility study for drainage improve- ments in their area before a decision is made on Ivy Falls Addition improvements. The Council also acknowledged a letter from Mr. Victor P. Reim, 665 Arcadia Drive, in favor of the proposed project.. Mayor Lockwood stated that it seems that everyone agrees that something must be done to keep the creek from rampaging and eroding private property during heavy storms and felt that if some improvement should be done, it should be done properly, including curb and gutter and a proper drainage system. Mr. Goodrich stated that the main concerns of the people is the condition of the streets along with the feeling that the property would not be improved by curb and gutter installation. Ayes: 4 Nays: 0 RECESS Page 1302 July 15, 1980 He noted that it would be misreading the audience comments to think that people might like curbs but don't like the associated cost. Mr. Shelvin Kieffer, 679 Maple Park Drive, stated that it has been 6 to 8 years since the area streets have been sealcoated and asked whether the area had been properly taken care of. Gail Foreman, 688 Woodridge, stated that she barely remembers anything having been done with Woodridge and asked for a breakdown of street maintenance costs for the Ivy Falls First and Second Additions. George Tesar, 731. Woodridge, asked the Council to look more closely at the costs and give the property owners a better idea both of what is needed and what the costs will be. Councilman Mertensotto stated that unless there is a more representative showing that the property owners want somethingdone, he would not be willing to vote in favor of the project. It was the concensus of the Council that further study should be done on the proposal, including more specific cost estimates and a draft assessment roll. There being no further questions or comments'from the audience, Mayor Lockwood moved that the hearing be con- tinued to November 18th at 7:30 P.M. Councilman Losleben seconded the motion. Mayor Lockwood called a recess at 8:50 o'clock P.M. The meeting was reconvened at 9:00 P.M. HEARING -- VALLEY Mayor Lockwood called the meeting to order for the purpose VIEW OAK ADDITION of a public hearing an proposed sanitary sewer, water, streets, curb and gutter and drainage improvements to serve the Valley View Oak Addition and adjacent areas. He then turned the meeting over to City Administrator Johnson for a brief history of the proposed project. Mr. Johnson stated that the proposed project area is with- in the Critical Area and that the Council has conducted the appropriate Critical Area review hearing on the pro- posed improvements. Page 1303 July 15, 1980 City Engineer Kishel stated that the revised feasibility study total cost estimate, including fees and contingencies for the project was $328,668. He advised that the Council has approved the plans and specifications and that he advertised and received bids for the project on July 14th. He estimated the following rates for the public improvements based on the low bid of $243,312: sanitary sewer, $28.86 per foot; storm sewer at $0.24 per square foot and street at $23.10, and watermain at $11.76 per foot. He pointed out that the developer has requested that the assessments be spread equally over all of the lots in the Valley View Oak Addition. He noted that some private properties outside of the plat would also be assessed for improvements installed as part 00'1 of the project. The Ted Van property, north of the plat, with 320.3 feet of frontage, two potential build----"" has a potential assessment of approximately $3,000 for sanitary and storm sewer construction. He indicated the estimated assessment amounts for the Culligan and Vick properties and an estimated $13,000 assessment cost for each of the platted lots. Mayor Lockwood asked for questions and comments from the audience. Mr. Lawrence Culligan suggested that because the area is so sensitive, it will be necessary for the City to monitor the construction closely. Mr. Ted Van stated that he appreciates the Culligan easement offer to allow utility extension to his property, but asked that the easement be dropped in view of the estimated assess- ment cost. He asked if there would be any assessments against his property if the easement is dropped. Engineer Kishel stated, that under the Orchard/Hunter project, the Van assessment was reduced, and that if Mr. Van proposes to serve the subject property via Hunter Lane, the associated assessment and utility extension costs would be much greater than under the Valley View Oak project. He pointed out that the estimated assessment for the Van property under the proposed project reflects two potential building sites and that the Council could choose to approve a single lot assess- ment. Councilman Mertensotto suggested that the Council could defer making the Van assessment until development or sale occurs. Mr. Van asked for a guarantee that he would only be assessed for one building site. Councilman Mertensotto then suggested making an assessment for two sites but deferring half of the assessment on the basis that the deferred portion would become payable if the property is ever divided. Mr. Van agreed to provide the City with a convenad:stating that the property would only be developed as one building site and that he would accept an additional assessment at the rate applicable to the proposed project if the site is ever divided. Page 1304 July 15, 1980 There being no further questions or comments from the audience, Councilman Losleben moved that the hearing be closed_ Councilwoman Witt seconded the motion. The hearing Ayes: 4 was closed at 10:00 o'clock P.M. Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 MISCELLANEOUS Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Councilman Losleben moved the adoption of Resolution No. 80 -64, " RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING CONSTRUCTION OF SEWER, WATER, STORM SEWER, STREET CURB AND GUTTER FOR VALLEY VIEW OAK ADDITION, (IMPROVEMENT NO. 79, PROJECT NO. 81". Councilwoman Witt seconded the motion. Councilman Losleben moved the adoption of Resolution No. 80-65, 'RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STREET AND STORM SEWER IMPROVEMENTS TO SERVE VALLEY VIEW OAK SUBDIVISION (IMPROVEMENT NO. 79, PROJECT NO. 8) ", and awarding contract to ACG Mechanical, Inc. for their low bid of $243,311.95. Mayor Lockwood seconded the motion. Mr. Lawrence Culligan requested that the Council authorize a stop sign at Hunter Lane and the TH 110 Frontage Road. After a brief discussion, Councilman Mertensotto moved to direct the Police Department to consider the request and prepare a recommendation on traffic signing for the intersection. Councilwoman Witt seconded the motion. Mr. Culligan also requested that the Council release the letter of credit submitted in connection with preparation of engineering studies for the Valley View Oak improvements. Mayor Lockwood moved approval of the minutes of the June 17th meeting with correction. Councilwoman Witt seconded the motion. Councilwoman Witt moved approval of the minutes of the June 24th meeting. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 MISCELLANEOUS Page 1305 July 15, 1980 Mayor Lockwood seconded the motion. Councilwoman Witt moved approval of the minutes of the July .1st-meeting with correction. Councilman Mertensotto seconded the motion. The Council acknowledged and briefly discussed with Mr. Thomas Bernier a petition from several property owners on Lexington Avenue and Victoria Road for Council recon- sideration of the lowering of the level of the ponding area on Marie Avenue at Lexington Avenue. The Council acknowledged a request from Robert Alvarez, 1167 Dodd Road, for the vacation of the Partition Road right-of-way. Staff was directed to prepare a report for Council review. GUYER Public Works Director Danielson briefly reviewed his DRAINAGE feasibility report on proposed Willow Creek storm water improvements affecting the Guyer property at 765 Willow Lane. Mr. Danielson stated that he has solicited informal bids and has received bids of $4,450 from Orfei and Sons and $7,500 from DeLuxe Construction, and that the third bidder, C.S. McCrossan had submitted only a verbal quot- ation but no written bid. He advised the Council that Mr. Guyer has agreed to execute and submit a waiver of feasibility and assessment hearings and has been advised of the bid amounts. Mr. Danielson advised the Council that the improvement is necessary and feasible and can be accomplished under.the day labor process since the estimated construction cost does not exceed $5,000. Cathoiltan Mertensotto moved the adoption of Resolution No. 80-66, "RESOLUTION ORDERING LOCAL IMPROVEMENT AND ORDERING PLANS AND SPECIFICATIONS THEREFORE (IMPROVEMENT NO. 80, PROJECT NO. 5)", conditioned upon submission of a waiver of hearing. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 SUNFISH LAKE Mr; Roger Ginkel was present to request the Council to UTILITY EXTENSION approve a sewer and water extension to serve his home (GINKEL) and four other homes in Sunfish Lake. Mr. Ginkel stated that the Sunfish Lake City Council supports the request and has.written to Attorney Winthrop to request City Council consent to the extension and preparation of a joint powers agreement. He pointed out that he had Ayes: 4 Nays: 0 CASE NO. 80-2, BREN, CRITICAL AREA VARIANCE Ayes: 4 Nays: 0 MISCELLANEOUS Ayes: 4 Nays: 0 Page 1306 July 15, 1980 submitted a petition to the Council some time ago and that Engineer Kishel has prepared a feasibility study. After discussion; Mayor Lockwood moved to authorize negotiation on a joint powers agreement and directed staff to prepare a. report on the. requested extension. Councilman Losleben seconded the motion. The Council acknowledged- a letter from Mr. Gerald Bren, as well as staff reports relative to Mr. Bren's applica- tion.for site.plan approval and variance from the Critical Area Ordinance for Lot 7, Mayfield Heights Addition. The. Council also acknowledged a memo from the City Planner. regarding application of the Critical Area Ordinance site plan requirements to single family dwellings. Administrator Johnson pointed out that the memo suggests that if, in the opinion of the Zoning Administrator and Code Enforcement Officer, application of all of the Critical Area Ordinance requirements is not necessary- for a-specific.case, those staff members • could recommend Council waiver of the unnecessary provisions. Mr. Bren reviewed his building and site plans for the Council, including a .-cale-model of the proposed residence. After considerable discussion, Mayor Lockwood moved to concur in the staff recommendation to waive the process- ing requirements of the Critical Area Ordinance, site plan review and hearing process subject to staff app- roval of the building and site plans and verification that all Ordinance requirements have been met. Councilman Mertensotto seconded the motion. The Council acknowledged receipt of a letter from the Mendota Heights Lions-Club.requesting approval of a 3.2 On-sale Beer License to be used in conjunction with a Turkey BBQ to be held on August 2nd. Councilman Losleben mvoed approval of a one-day on- sale 3.2 beer license to the Mendota Heights Lions Club for August 2nd. Councilwoman Witt seconded.the motion. EIDE ESTATES Ayes: 4 Nays: 0 MISCELLANEOUS DELAWARE CROSSING CHANGEORDER Ayes: 4 Nays: 0 SEAL COAT BIDS Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Page 1307 July 15, 1980 The .Council acknowledged the proposed assessment roll for Eide Estates improvements and an associated letter from Eide Realty, Inc. Councilman Mertensotto moved the adoption of Resolution No,:r80-67, "RESOLUTION ACCEPTING. ASSESSMENT ROLL AND SETTING PUBLIC HEARING FOR AUGUST 5, 1980." councilman :Losleben seconded the mOtion. The Council proposed an addition to the Personnel Code and directed the City Administrator to prepare the amend- ment. On the recommendation of the City Engineer, Mayor Lockwood moved approval of Change Order No..:2, for Improvement-No. 77, Project No. 10, (Delaware Crossing), relative to street paving on Huber Drive, Ocala Lane and Decorah Lane, increasing the contract cost with Orfei and Sons by an estimated $4,762.00. Councilwoman Witt seconded the motion. The Council acknowledged and discussed the tabulation of seal coating bids receivedon July 14th. Councilman Losleben moved the adoption of Resolution No. 8068-"RESOLUTION ACCEPTING BIDS:AND AWARDING SEAL.COATING CONTRACT", awarding the.Contract to the low bidder, Bit- uminous Roadways, Inc. for their low bid of $33,960.00. Councilwoman Witt seconded. the:motion. Mayor Lockwood moved approval of the list of claims dated July 15, 1980, and totalling $930,258.87. Councilwoman Witt seconded the motion. Councilman Losleben moved approval of the list of licenses, granting licenses to: William F. Kopp, Construction, Inc. Befort Roofing, Inc. Mendota Heights Country Boy Andretta Brothers General Contractor Roofing 3.2 Malt Beverage Concrete Page 1308 July 15, 1980 Mayor Lockwood'seconded the-motion. Ayes:-1 4 Nays: 0 COMMISSION The Council acknowledged receipt,of the minutes of the REPORTS June 19th Cable Advisory Committee meeting and a copy of a letter froni the City of South St. Paul to the Minnesota Cable Communications Board regarding a proposed CST. The Council also acknowledged receipt of the minutes of the June 24th Park and Recreation Commission meeting. DEPARTMENT The Council acknowledgedreCeipt of the Fire Depart- REPORTS ment;;COde Enforcement and Treasurer's Reports for June. The Council also acknowledged receipt of the Engineering Status Report for June. MISCELLANEOUS The Council acknowledged a memo from the Public.Works- Director relative to a request .from Carmen Tuminelly forthe replatting of Eagle, Ridge Summit Second Add- ition.. The Council also acknowledged receipt of the following Informatiom—a letter from the City Engineer to Pittsburgh Des-Moines relative to water tank completion and a memo from the.Public Works Director regarding a proposed City of Eagan storm water drainage project. FIRE' The Council acknowledged a memo from the Public Works STATION Director relative to the suggested.location of a proposed eight-bay Fire Station on Freeway Road. ADJOURN Ayes: 4 Nays: 0 ATTEST: There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 1140 o'clock P.M. Robert G. Lockwood, Mayor 7/e-r-)=1-€."--4)-M. Kathleen M. Swanson, City Clerk