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1980-06-17 Council minutesPage 1283 June 17, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA 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, Councilmen Hartmann, and Losleben, and Councilwoman Witt. Councilman Mertensotto had notifed the Council that he would be late. APPROVAL OF Mayor Lockwood moved approval of the minutes of the May 6th MINUTES meeting. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 3 Nays: 0 Abstain: Witt ASSESSMENT HEARING, ROLLING GREEN May Lockwood moved approval of the minutes of the May 20th meeting. Councilwoman Witt seconded the motion. Councilwoman Witt moved approval of the minutes of the May 27th meeting with correction. Councilman Hartmann seconded the motion. Councilman Losleben moved approval of the minutes of the June 10th Board of Review. Councilman Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed assessment roll for Rolling Green Addition improvements. Councilman Mertensotto arrived at 7:38 o'clock P.M. City Administrator Johnson stated that the project was initiated in 1978 as the result of a petition from the developer and owner of the Rolling Green Addition. Mr. Johnson stated that the project included revamping of the Marie Park Pond lift station and installation of a 36 inch equalizer pipe between the Marie Avenue park pond and the Burow pond. He stated that the Council determined that the cost for lift station work should be considered a general obligation responsibility, and therefore the total project cost of $657,059.91 has been reduced by the $37,259.23 attributable to work done on the lift station. Mr. Johnson stated that the amount proposed to be assessed against each lot within the Rolling Green Addition totals $10,873.70. He advised that the portion of the assessment attributable to street construction would be assessed for a perioc of 10 years and the balance of the assessments would be certified for 19 years. Mr. Johnson stated that the anticipated Page 1284 June 17, 1980 interest rate is 9% and that if the assessment roll is adopted, assessments may be paid in full without interest within 30 days of adoption. Mayor Lockwood asked for questions and comments from the audience. Mr. Jerry Goldsmith, 998 Stratford Lane, asked why the project came in so much higher than the estimate. Engineer Kishel explained that poor soil conditions as well as the length of time which transpired between feasibility study preparation and the bid award caused the increases. Mr. Roger Derrick, from Derrick Land Company, developer of the Rolling Green Addition, acknowledged that the assessments are greater than originally estimated, but stated that he has experienced similar increases in other projects he has been working on recently. Mr. Derrick asked how the purchase of the Burow easement along Marie Avenue relates to the project and also asked why the cost of the equalizer pipe was not divided between Rolling Green and general obligation taxes. City Treasurer Shaughnessy stated that while the $4,256 Burow easement cost is included, the easement relates to an earlier improvement project but was acquired during the platting and improvement process for Rolling Green. In regard to the question on the equalizer pipe, Councilman Mertensotto responded that if the pipe had not been included in the project, there would be no outlet for the pond and a lift station would have been required. Mr. Ed Maehren, 986 Stratford Lane, asked what the situation would be if there were no pond in Rolling Green and also why only Rolling Green properties were being assessed for the equalizer pipe. Mr. Dennis Herstein, 992 Stratford Road, also felt that the equalizer pipe should not be totally assessed against Rolling Green. Mr. Keith Heimbock, 1882 Walsh Lane, stated that Mr. Derrick is an experienced developer who has said that the costs are not out of line, yet he was not told when he purchased the lot that the assessments could be considerably higher than what was estimated at the time to be $7,300 per lot. Mr. Oliver Spencer, owner of one of the lots in Rolling Green, stated that the cost increases experienced are not unique in terms of how the economy fluctuates and therefore should have been anticipated and prospective buyers should have been informed of the possible increases. It was the concensus of the Council that the costs attributable to acquisition of the Burow easement should be deleted from the Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 BOARD OF REVIEW Ayes: 5 Nays: 0 VALLEY VIEW OAK ADDITION FINAL PLAT Page 1285 June 17, 1980 total project cost but that no adjustment should be made relative to equalizer pipe construction. 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 was closed at 8:35 o'clock P.M. Mayor Lockwood moved the adoption of Resolution No. 80-49,A "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR ROLLING GREEN ADDITION IMPROVEMENTS (IMPROVEMENT NO. 78, PROJECT NO. 1)," as corrected to delete$4,256 in easement acquisition costs. Councilman Losleben seconded the motion. Mayor Lockwood opened the meeting for the purpos e of a continu- ation of the annual Board of Review which was held on June 10th. County Assessor Benjamin, who was present for the discussion, stated that all of the cases which were brought to the Assessors' attention on June 10th have been reviewed, and all but two have been resolved. He stated that normally valuations have not been increased as the result of a second property appraisal resulting from a complaint, but one of the properties considered as the result of the June 10th meeting will receive a valuation increase. He stated that the original appraisal was considerably in error because permits had not been taken out when some work was done on the site. After further discussion, Councilman Mertensotto moved that the continued Board of Review be closed. Councilman Hartmann seconded the motion. Mr. Lawrence Culligan was present to explain and request approval of the final plat for the Valley View Oak Addition. Mr. Culligan stated that the boundary line for Outlot B has been changed to reflect City staff concerns on the need for additional easement area to allow for maintenance of the ponding area. He also asked whether the Council would consider basing the park contribution requirement on the 1976 rates rather than the 1980 rates since the project was originally initiated in 1976. Mr. Culligan submitted a waiver of hearing which had been signed by all property owners who would be affected by public improve- ments for the plat except Mr. & Mrs. Ted Van. The Council acknowledged the petition and waiver of hearing and determined that a public hearing should be conducted since all signatures were not included. The Council directed that the City Administrator work out an agreement on the park contribution requirement with Mr. Culligan. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 FIRE FACILITIES Page 1286 June 17, 1980 Councilman Losleben moved the adoption of Resolution No. 80-50, "RESOLUTION APPROVING FINAL PLAT FOR VALLEY VIEW OAK," to completion and execution of a developers agreement and determination of the park contribution requirement: Councilwoman Witt seconded the motion. City Engineer Kishel'revieWedthe plansand specifications for Valley View Oak Addition public improvements with the Council. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 80-51, "RESOLUTION APPROVING PLANS AND SPECIFICA- TIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROPOSED SANITARY SEWER, WATER, STREET, AND STORM SEWER IMPROVEMENTS TO SERVE THE VALLEY VIEW OAK SUBDIVISION AND ADJACENT AREAS (IMPROVEMENT NO. 79, PROJECT NO. 8)," the bids to be accepted on July 15th. Councilwoman Witt seconded the motion. Mayor Lockwood moved the adoption-of _Resolution No. 80-52, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STREET AND STORM SEWER IMPROVEMENTS TO SERVE THE VALLEY VIEW OAK SUBDIVISION AND ADJACENT AREAS (IMPROVEMENT NO. 79, PROJECT NO. 8)," the hearing to be held at 7:30 o'clock P.M. on July Ath. Councilman Hartmann seconded the motion. • The Council acknowledged that several members of the Fire Facilities Committee were present and commended them for their work over the past several months. The Council acknowledged receipt of the majority report recommending a two-station fire facility concept and a minority report recommending a single station. Mrs. Dorothy Troeltzsch, a member of the Committee, stated that the Committee's task was difficult. She stated that the first determination neededto be whether anything needed to be done to improve fire facilities, and if so, whether two stations are needed or only one. She also noted that another consideration was cost. Councilman Mertensotto, a member of the Committee, stated that what made the task difficult was that the Committee acknowledged that something must be done with a fire facility. He noted that Architect Bob Burow was hired to suggest and review alternatives, and he pointed out the disadvantages of renovating the existing fire station. He stated that the need for a station south of T.H. 110 is necessary because most future development will occur south of T.H. 110. He also reviewed a report from the City Planner recommending a two-station concept. Page 1287 June 17, 1980 Councilman Mertensotto stated that site selection is a real problem, and he reviewed the several Committee meetings, the majority recommendation for construction of a 2-bay facility north of T.H. 110 and a six-bay south. Mayor Lockwood asked for comments from Committee members present in the audience. Fire Marshal Gene Lange stated that he had not had an opportunity to see the minority report, but that the result of the June 2nd meeting was a vote of 10 in favor of the two station concept and four against. He also noted that all of the firemen on the committee supported the concept. Marjorie Farnsworth stated that she is in complete agreement with the majority report and feel that any consideration of renovation of the present station makes no sense. Richard Weinzettel stated that he is in favor of the two station concept because T.H. 110 is so difficult to cross and because a station on the north end might generate greater recruitment potential. Fire Chief Siebell stated that the department has operated with good service for 30 years with a single station in a central location. Will Wachtler stated that he agrees with the majority report. Dale Peterson stated that he agrees with the majority report and volunteered to serve on a site selection committee. Mike Williams stated that all of the options had been discussed by the committee and urged the Council not to be mislead into thinking the committee was badly split -- that the ten to four vote was an accurate representation of the Committee's decision. Russell Wahl expressed his appreciation for being appointed to the committee. He noted that construction of two stations rather than a single, centrally located station, would not reduce residential insurance rates and he did not feel that two stations would reduce response time. He felt that the traffic problem at T.H. 110/149 could be eliminated by installation of an Opticon system and did not feel there is any problem in recruiting volunteers. Administrator Johnson, also a committee member, stated that he was one of the four members who voted against the majority recommendation, but was not against the two station concept by any means. He stated that financing has not been discussed by the Council and advised that the Committee recommendation ($722,000 cost) approaches double what was included in the original Capital Improvement Plan figures. Councilman Losleben expressed concern over what should be done with the existing facility and noted that both this question Ayes: 5 Nays: 0 RECESS DELINQUENT SEWER BILLING Ayes: 5 Nays: 0 HEARING -- VICTORIA TOWNHOMES PLANNED UNIT DEVELOPMENT Page 1288 June 17, 1980 and the selection of new sites need additional study. The Council commended the members of the Fire Facilities Committe, for their work and reports and temporarily dismissed the committee until its services are again required at some point in the future. After additional discussion, Councilman Mertensotto moved that the Council determine not to exercise the option on the Kirchner property. Mayor Lockwood seconded the motion. Mayor Lockwood called a recess at 10:05 o'clock P.M. The meeting was reconvened at 10:14 o'clock P.M. City Attorney Winthrop briefly reviewed an agreement for sewer sewer service between the City and Diamond Jim's, and advised the Council that the Diamond Jim's sanitary sewer bill has become considerably delinquent. He recommended that the Council authorize the filing of a lien against the property for collection of the $1,304.70 arrears amount, plus a penalty charge in accordance with City policy. After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 80-53, "RESOLUTION PROVIDING FOR CERTIFICATION OF DELINQUENT SEWER CHARGE." Councilman Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application for a Planned Unit Development for Victoria Town Homes. Mr. Stan Malmon and Mr. Surendra Ahuja, representing the developers (Southridge Investment Company), were present for the discussion. Mr. Ahuja explained the proposed preliminary plat for development of 3.78 acres of property located at the northeast corner of Victoria Road and I-35E. He stated that it is proposed that three clusters of ,Six townhouse units be constructed on the site. He also explained proposed berming and landscaping, noted that the development will consist mostly of two-story units with basements, ranging in size from 1,400 to 1,600 square feet per unit. He indicated that hardboard exterior siding is proposed. In response to Mayor Lockwood's concern that the development be compatible with the units in Eagle Ridge, Mr. Ahuja stated that the developer will retain total control °vex exterior design and that the proposed 6" tongue and groove wood siding should be a compatible exterior surface. Mr. Malmon stated that the development will be compatible, yet will retain its own character. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 GUYER DRAINAGE Ayes: 5 Nays: 0 PARK COMMISSION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page 1289 June 17, 1980 City Engineer Kishel expressed concern over possible coverage of a City sewer line with a proposed six-foot berm as well as control of run-off water. Mayor Lockwood asked for questions and comments from the audience. There being no further questions or comments, Councilman Losleben moved that the hearing be closed. Councilwoman Witt seconded the motion. The hearing was closed at 10:55 P.M. Councilman Losleben moved approval of the concept of the Planned Unit Development of the 3.78 acres based on the Victoria Town Homes plans discussed at the June 17, 1980 Council meeting. Councilwoman Witt seconded the motion. Mr. Reynolds Guyer was present to request in correcting a drainage and erosion problem on his property. Mr. Guyer stated that his roadway is totally washed out and he does not have the expertise to repair the damage or determine what type and size of culvert should be installed. He suggested that the problem is a mutual problem between the City and himself and asked for City assistance in determining necessary repairs. He felt that it would be appropriate for the City to assist him in the repairs and spreading the cost. After further discussion, Councilman Losleben,moved thatStaff be directed to investigatethe.Troblem_andreport-tothe Council on July 1st. Mayor Lockwood seconded the motion. The Council acknowledged and discussed the minutes of the May 27th Park and Recreation Commission meeting. Councilman Losleben moved to approve the acquisition of a play structure to be installed in the Rogers Lake Park for a maximum expenditure of $4,000 to be funded by the Special Park Fund. Councilwoman Witt seconded the motion. Councilman Losleben moved to approve a maximum $2,000 expenditure for the engraving of park signs, the expenditure to be made from the special park fund. Councilwoman Witt seconded the motion. Page 1290 June 17, 1980 DEPARTMENT REPORTS The Council acknowledged receipt of monthly reports from the Police and Fire Departments and Code Enforcement Officer for May. PERSONNEL Ayes: 5 Nays: 0 On the recommendation of the City Administrator, Mayor Lockwood moved that Officer Larrie Mack and Officer Donn Anderson be given permanent employment status. Councilman Hartmann seconded the motion. FIRE DEPARTMENT The Council acknowledged receipt of a copy of proposed amended Volunteer Firemen's Relief Association by-laws. MISCELLANEOUS LABOR NEGOTIATIONS Ayes: 5 Nays: 0 The Council acknowledged receipt of a notice of hearing from the Minnesota Public Service Commission relative to an electric rate increase proposed by Northern States Power Company. Administrator Johnson advised the Council on the status of the Public Works Department labor agreement mediation. Mr. Johnson recommended that the Council approve a compensation rate of $0.01 per hour greater than the mediator's proposal. After discussion, Councilman Losleben moved to approve the Administrator's recommendation. Councilman Hartmann seconded the motion. MISCELLANEOUS The Council acknowledged receipt of the engineering status report and Public Works Director's monthly report for May. FINAL PAYMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT ROLLS Ayes: 5 Nays: 0 Mayor Lockwood moved the adoption of Resolution No. 80-54, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 79, PROJECT NO. 6)," approving the final payment of $1,896.00 to F.F. Jedlicki, Inc. for work completed on the Maple Park Drive drainage project. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 80-55, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 78, PROJECT NO. 1)," approving final payment of $9,315.50 to Orfei and Sons for work.'_completed on Rolling Green Addition improvements. Mayor Lockwood seconded the motion. The Council acknowledged a memo from the City Clerk recommending adoption of assessment rolls for the Royal Redeemer Lutheran Church, South Ridge Addition and Medallion Industrial Park improvements projects, at an annual interest rate of 9%. The Council also discussed requests for assessment deferments submitted some time ago by the McCloud and Allstrom families and the Wilder Foundation. Councilwoman Witt moved the adoption of Resolution No. 80-56, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MEDALLION INDUSTRIAL PARK IMPROVEMENTS (IMPROVEMENT NO. 78, PROJECT NO. 5).' Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT ROLL PREPARATION Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Page 1291 June 17, 1980 On the recommendation of staff, Mayor Lockwood moved the adoption of Resolution No. 80-57, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR ROYAL REDEEMER LUTHERAN CHURCH IMPROVEMENTS (IMPROVEMENT NO. 79, PROJECT NO. 4)," at an annual interest rate of 9%. Councilwoman Witt seconded the motion. Councilman Hartmann moved to defer the making of assessments against the McCloud, Allstrom and Wilder Foundation properties which were included in the South Ridge Addition assessment roll. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 80-58, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SOUTH RIDGE ADDITION IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 9)," as amended. CouncilwOman Witt seconded the motion. On the recommendation of staff; Mayor Lockwood moved the adoption of Resolution No. 80-59, "RESOLUTION ORDERING PREPARATI(X OF ASSESSMENT ROLLS FOR DELAWARE CROSSING ADDITION IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 10.), AND EIDE ESTATES IMPROVEMENTS (IMPROVEMENT NO. 79, PROJECT NO. 2).", Councilwoman Witt seconded the motion. • Councilwoman Witt moved approval of the list of claims dated June 17, 1980 and totalling $60,431.10. Councilman Losleben seconded the motion. Mayor Lockwood moved approval of the list of licenses, granting licenses to: Ace Blacktop, Inc. Gilbert-Koch, Inc. Theisen-Fischer, Inc. Hubbell Excavating Maplewood Sewer & Water, Inc. Rumpca Sewer & Water Connections, Inc. Scherff Incorporated Red Rock Htg. & Sheet Metal, Inc. Bateson Builders Brown/Moeller Builders Contemporary Const. Corporation Gamache Construction Groco Homes, Inc. Asphaltic/Concrete Paving License Concrete License Concrete License Excavating License Excavating License Excavating License Excavating License Gas Heating License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page June J & P Design, Inc. Sheehy Construction Co. Suburban Lighting, Inc. Suburban Lighting, Inc. The Sussel Company, Inc. John Wirt Construction, Inc. Horwitz Mechanical, Inc. Montgomery Ward Valley Aire, Inc. Fred Vogt & Company Mel Koppen Plaster & Stucco Norstad Roofing Viking Aluminum Products Custom Pools Superior Pool Builders, Inc. Mendota Heights Landscape Par 3 Golf, Inc. Councilman Hart 1292 17, 1980 General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Heating & Air Conditioning License Heating & Air Conditioning License Heating & Air Conditioning License Heating & Air Conditioning License Plastering/Stucco License Roofing License Siding License Swimming Pool Const. License Swimming Pool Const. License Tree Removal License On-sale 3.2 malt beverage license ann seconded the motion. There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned to 8:00 P.M., June 24th for a discUssion on proposed amendments to the Airports Element of the Comprehensive Plan and discussion on the proposed Capital Improvements Program. Mayor Lockwood seconded the motion. The meeting was adjourned at 11:55 o'clock P.M. (teeizeii) 02. fZerat,a--eA--Y athleen M. Swanson City Clerk ATTEST: oto-ri,yor-1, Robert G. Lockwood Mayor