Loading...
1980-06-03 Council minutesPage 1273 June 3, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 3, 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: Mayor Lockwood, Councilmen Hartmann, Losleben, Mertensotto and Councilwoman Witt. FEASIBILITY HEARING, Mayor Lockwood opened the meeting for the purpose of a public IVY FALLS ADDITION hearing on proposed street and drainage improvements to serve the Ivy Falls Addition. Mayor Lockwood stated that Council and staff members have met with the neighborhood homeowners' association a number of times over the past two years to discuss drainage problems and street conditions in the area, and solutions to the problems have been proposed. He then turned the meeting over to City Administrator Johnson for a brief summary of the proposed project. Mr. Johnson stated that staff members have expressed concern over the poor street conditions to the Council and have pointed out the high cost of maintenance of the streets. He noted that it has not been City policy to use tax monies to continue maintaining poor quality streets which should be replaced. Mr. Johnson stated that he has been involved in the proposed project for the past 18 months, that he has worked with Robert Field, a representative of the Association, and that a meeting to discuss the problems was held at the Somerset School approximately one year ago. City Engineer Kishel stated that the Council ordered a feasibility study because maintenance costs and run-off problems had become a serious concern. He noted that the feasibility study was completed and presented to the Council in October of 1979. Mr. Kishel stated that a 30 inch pipe installed in 1979 is the main part of the proposed drainage system along Maple Park Drive and that it is proposed to install about 4,000 feet of 12 through 30 inch pipe as part of this project for a cost of approximately $145,000. Mr. Kishel pointed out that the estimated cost was computed based on 1979 cost information and should be adjusted for inflation. He stated that the amount of property which could be assessed for storm sewer construction amounts to 1,100,000 square feet, and advised that on that basis the estimated cost would be approximately 13 per square foot. Street construction was estimated to cost $200,100 in the feasibility report and results in an estimated cost of $23.27 per front foot. Mr. Kishel stated that if the project is ordered in, the assessments would be spread over a ten year period for streets and 19 years for storm sewer or could be paid within 30 days of assessment adoption without interest. He stated that the interest amount would depend upon the interes. which the City must pay on bonds it sells to finance the project Page 1274 June 3, 1980 Mayor Lockwood asked for questions and comments from the audience. Mr. Amos Martin, 700 Woodridge Drive, stated that what is being discussed is handling the run-off along Maple Park Drive to eliminate some of the erosion problems. He stated that much water will run down either through the system or as natural run-off, and asked how the proposal will help the situation in the creek and the erosion problems there. Administrator Johnson pointed out that this is not a creek improvement project and will not do anything to improve conditions downstream in the creek. Mr. Shelvin Kieffer, 679 Maple Park Drive, questioned whether the total project cost would result in an assessment of $7,000 per homeowner rather than the roughly $5,800 anticipated by the City Engineer for a typical lot. He also stated that several Association members have asked him if the water which now runs off onto the streets will be forced into a concentrated area as a result of the proposed project. He wondered whether in fact the project would hurt the area rather than benefitting it. He stated that the second question generally asked by the homeowners is whether the project is really needed. He pointed out that since the City installed the culvert on Maple Park Drive in 1979, he has seen no additional deterioration in the area. Mr. John Lommen, 684 Maple Park Drive, stated that he lives adjacent to the 1979 improvement and that in the most recent rain, about two-thirds of the topsoil in front of the adjacent (Ostegren) driveway was washed out. He also stated that at the outlet approaching the gabions, about a truck load of dirt washed out because of run-off from the streets. He stated that if the City installs a system to collect the run-off rather than allowing it to run at random down the street and then controls the run-off with gabions after it reaches the outlet weir,the drainage problem will be controlled. He stated that he can see that the proposed plan will work but asked whether it will result in more water being dumped into the area than what is experienced now. Engineer Kishel responded that it is proposed to pick up the water in the streets and off the boulevards adjacent to the street. He stated that there is not adequate entry into the pipe at Maple Park and the water now runs across the street in open ditches between the boulevards and street surfaces. Mr. Robert Leffert, 669 Maple Park Drive, stated that the City dug a gully in front of his home to divert the run-off into the gully and not down the street, but the system has not worked. He stated that he is not willing to approve of the proposed project and associated assessment if it is not going to work. Mr. Leffert stated that he believes the drainage problem is a City-wide problem, not a neighborhood problem and that the assessment district should be a much larger area. Page 1275 June 3, 1980 Councilman Losleben asked about the possibility of including a "shock absorber" at the end of the pipe to prevent the possibility of moving the problem from this area to another. Mr. Amos Martin asked for a proposed construction time-table and also asked whether the purpose of the project is to take care of the problem on Maple Park Drive. Mr. Curtis Bute, 1200 Ivy Falls Court, stated that he is deeply concerned about where the exit of the pipe will enter the creek area. He stated that if it enters at his property line it will increase run-off into the creek at the rear of his lot and that erosion there is already very bad. Mrs. Beverly Kieffer asked if the project can be done one section at a time. Mr. Kishel stated that the contractor would work in one section at a time for storm sewer but that the street will not be constructed in that manner. Councilman Losleben stated that he would like to see more work on the discharge of the system so that massive creek restoration is not required. Mr. Patrick Doherty, 664 Maple Park Drive, stated that during a heavy rain water comes down Maple Park Drive 6 to 12 inches deep. He stated that the problem is caused by surface water from a much larger area than just the Ivy Falls Addition and felt that a larger area should be assessed. Mr. Leon Goodrich, 1157 Cascade Lane, asked whether the Council is sure that the proposed project will solve the drainage problem and whether it is the best and least expensive way to solve the problem. Mr. Bernard Abramson, 688 Arcadia Drive, asked how much the City is spending on street maintenance in the area and what is considered to be too much expense. Mr. Leffert asked what alternative there is to constructing the proposed project and what would be done other than the project to bring the streets up to the quality of the rest of the City. Mr. Gordon Maltz, 703 Maple Park Court, asked what will happen i the cost figures come in at $40 per foot. He stated that he is concerned that if the residents agree with the proposal they would be giving the City an "open checkbook." Mr. Kieffer asked whether the Association representatives should go back to the Association and get some feedback. Mr. Locomen stated that the issue should be well defined so that the representatives can properly present the matter to the Association and asked whether the alternative to the project would be nothing at all. After discussion, Councilman Losleben moved that the hearing be continued to July 15th and directed that additional Page 1276 June 3, 1980 feasibility work be done on the discharge point and outfall area. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Lockwood called a recess at 9:33 P.M. The meeting was reconvened at 9:40 P.M. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the May 28th Planning Commission meeting. CASE NO. 76-24, Mayor Lockwood opened the meeting for the purpose of a public CULLIGAN hearing on an application for critical areas site plan approval relative to proposed public improvements to serve the proposed Valley View Oak Addition. The Council acknowledged receipt of a report from Suburban Engineering relative to the proposed improvements. Mr. Wayne Tauer, representing the developer and Suburban Engineering was present for the discussion. He stated that Outlot B has been added to the proposed plat as the site ofr the proposed permanent holding pond. He asked whether the City would want to be given ownership of the Outlot. He noted that a permanent 20 foot easement along the pipe is indicated on the plat to accommodate access from the street to the Outlot. Administrator Johnson stated that in the past the City has insisted on ownership of property which surrounds ponding areas. The Council discussed the matter of ponding area ownership, construction of a dike and installation of gabion structures. Mayor Lockwood asked for questions and comments from the audience. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 There being no questions or comments, Mayor Lockwood moved that the hearing be closed, that the preliminary plat for Valley View Oak Addition be approved, and that the City require public ownership of Outlot B. Councilman Losleben seconded the motion. Councilman Mertensotto moved approval of the critical areas site plan application along with variances to allow construction of a holding pond and installation of gabion structures on the 40% slopes. Councilwoman Witt seconded the motion. City Engineer Kishel reviewed the plans and specifications for proposed public improvements to serve the Valley View Oak Addition. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 80-43, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR VALTEY VIEW OAK (IMPROVEMENT NO. 79, PROJECT NO. 8.)" Councilman Hartmann seconded the motion. HEARING -- CASE NO. 80 -08, N.S.P. Page 1277 June 3, 1980 Mayor Lockwood opened the meeting for the purpose of a public hearing on an application for conditional use permit to allow relocation of an existing fence at the Sibley Propane Plant and additional new fencing. Mr. Chmiel stated that NSP has experienced considerable vandalism recently and beleives that the replacement of the existing 750 feet of .fencing with 1150 feet of new fencing is necessary for safety purposes. He reviewed the associated landscape plan for the Council and advised that NSP also plans to install a 20 foot electronically controlled gate. Mayor Lockwood asked for ::questions and comments from the audience. There being no questions or comments, Mayor Lockwood moved that the hearing be closed and that the conditional use permit be approved in accordance with plans submitted with the application Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 WETLANDS PERMIT Mr. Jeffrey Closmore was present to request':approval of a CASE NO. 80 -09 wetlands permit to allow construction of a residence on Lot 3, CLOSEMORE Block 6, Noack's Replat of T.T. Smith Subdivision No. 4. It was noted that the Planning Commission had recommended approval of the permit and waiving of public hearing requirements. After a brief discussion, Councilman Hartmann moved that the public hearing requirements be waived and that a wetlands permit be approved for Lot 3, Block 6, Noack's Replat. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE NO. 80 -10, Mr. Joe Dotty was present to request approval of a variance from AUGUST the rear yard setback requirement for Lot 1, Block 6, Delaware CONSTRUCTION Crossing. After discussion, Councilman Mertensotto moved approval of a 20 foot rear yard setback variance for Lot 1, Block 6, Delaware Crossing, to allow construction of a structure ten feet from the westerly property line. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Mr. Jerome Mandel, 1770 Delaware Avenue, was present to request the City to allow a water connection to his home which is located in West St. Paul. The Council also acknowledged a memo from the Public Works Director advising the Council of the hook -up charge which was calculated_ in accordance with established guidelines for outside utility connections. FINAL PAYMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 SIGN POLICY COMMUNICATIONS Page 1278 June 3, 1980 In response to the memo and proposed connection charge, Mr. Mandel stated that his property contains 339 feet of frontage and requested that the Council consider a connection charge based on a standard sized lot with 100 feet of frontage. He indicated also that at some time in the future he might divide the property, thus reducing the frontage for his lot. It was noted that the Council would not be involved in the division of a lot outside of the City's jurisdiction and that connection charges are based on total front footage in all requests for outside utility connections. As the result of the discussion, Mr. Mandel withdrew his request.- Mayor Lockwood moved the adoption of Resolution No. 80-44, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 77, PROJECT NO. 14)," approving final payment of $3,466.69 to C.S. McCrossan. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 80-45, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 80, PROJECT NO. 2)," approving final payment. of $16,571.65 to Orfei and Sons, Inc. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from United Properties along with copies of a proposed sign policy for the Mendota Heights Industrial Park. The material was referred to staff for review and recommendation. The Council acknowledged a letter from Mr. Richard Arnold, 1061 William Court, in response to Council action taken on May 20th relative to a fence located on his property. The Council also acknowledged a letter from Code Enforcement Officer Berg relative to the matter. Councilwoman Witt moved to reconsider the action taken at the May 20th meeting. The motion died for lack of a second. Mayor Lockwood stated that the crux of the matter is whether the fire hydrant location was a major factor in the decision to order removal of the fence. He state ]. that he feels the hydrant location was not a major factor but that the ordinance violation. are. He noted that the fence violates fence height restrictions is located in part on City property, and that the requirement of a permit for installation had been ignored. COMMUNICATIONS CABLE TV Page 1279 June 3, 1980 It was noted by the Council that while there was an error in the determination on hydrant location, the hydrant is unuseable in an emergency because the fence is so close to it. As the result of the discussion, staff was directed to advise Mr. Arnold that the Council determined not to reconsider its prior action and that he be cautioned to comply with all applicable ordinances if he chooses to re-install the structure. The Council acknowledged receipt of a memo from the League of Minnesota Cities regarding a proposed League building. The Council acknolwedged and discussed the minutes of the May 15th Cable TV Committee meeting, and acknowledged that one position on the Committee is vacant. After discussion, Mayor Lockwood moved that Mr. Orland Rasmussen, 2048 Timmy Street, be appointed to serve on the Cable TV Advisory Committee. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CAPITAL IMPROVEMENTS The Council briefly discussed the proposed Capital Improvements PROGRAM Program. FIRE FACILITIES COMMUNICATIONS IVY FALLS CREEK The Council acknowledged receipt of the June 3rd Fire Facilities Committee meeting minutes. The Council directed that the Committee members be invited to attend the June 17th meeting for further discussion. The Council acknowledged receipt of a copy of a letter from Mr. Morris Manning, of the Wilder Foundation, to H.U.D. relative to the City's application for funding for a senior citizens housing proposal. The Council briefly discussed a memo from the City Engineer regarding proposed assessments for the Ivy Falls Creek drainage improvement project. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 80-46, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL FOR IVY FALLS CREEK DRAINAGE IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 14)," using the rates of $0.25 per square foot for high benefit areas and $0.05 for low benefit areas. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 MENDOTA HEIGHTS ROAD The Council acknowledged a memo from the Public Works Director relative to proposed construction of Mendota Heights Road east of T.H. 149. After discussion, Councilman Losleben moved the adoption of Resolution No. 80-47, "RESOLUTION ORDERING PREPARATION OF REPORT ON MENDOTA HEIGHTS ROAD EXTENSION." Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 LIST OF CLAIMS Page 1280 June 3, 1980 Councilman Mertensotto moved the adoption of Resolution No. 80-48, "RESOLUTION AUTHORIZING INVESTMENTS AND ESTABLISHING INVESTMENT PROCEDURES." Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 80-49, "RESOLUTION ESTABLISHING WATER REVENUE FUND." Councilwoman Witt seconded the motion. Councilman Hartmann moved approval of the list of claims dated June 3, 1980 and totalling $68, 193.73. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 LICENSES Councilwoman Witt moved approval of the list of licenses, granting licenses to: Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Burton R. Olson & Sons, Inc. Dale Pexa Cement Construction Suburban Cement Construction, Inc. Dick Levine Excavating Co. Richfield Plumbing Company A. Kamish & Sons, Inc. Midwest Fence & Mfg Co. Snelling Company Decks by Notch Hoyt Construction Viking Automatic Sprinkler Co. Merle's Construction Co., Inc. Martin Homes Amcon Corporation Capp Homes A. Binder & Son, Inc. Air Comfort, Inc. Snelling Company Timmers Roofing & Siding Councilman Hartmann seconded the motion. There being no further business to come before the Council, Mayor Lockwood moved that the_meeting,Lbe adjourned. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 12:22 o'clock A.M. ATTEST: 744.4 ehleen M. Swanson, City Clerk at;„'e4,4,)A.c/