Loading...
1980-05-06 Council minutesPage 1257 May 6, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 6, 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 and Mertensotto and Councilwoman Witt. Councilman Losleben had notified the Council that he would be out of town. APPROVAL OF Councilman Hartmann moved approval of the minutes of the MINUTES April 15th meeting, as corrected. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 Mayor Lockwood moved approval of the minutes of the April 26th meeting. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 Abstain: Mertensotto FEASIBILITY Mayor Lockwood opened the meeting for the purpose of a public HEARING EAGLE hearing on proposed drainage improvements to serve the Eagle RIDGE AREA Ridge area. DRAINAGE Administrator Johnson gave the Council and audience a brief history of the proposed project, stating that the Eagle Ridge area is not totally improved with public improvements and it is now proposed that a permanent drainage system be installed to correct existing drainage problems. Mr. Johnson advised that hearing notices had been mailed to all affected property owners and had been published in the legal newspaper. He stated that the hearing had been called to test the feasibility and need for storm sewer facilities in the area, and in parti- cular on Eagle Ridge Drive. He pointed out that development of the area has increased run-off and the two catch basins which currently service the area are not adequate to control the run-off. He stated that it is proposed that the inlet capacity be increased and that the run-off be carried under- ground. Mr. Johnson reviewed two proposed alternatives for construction of a drainage system and the estimated costs for each proposal. Mr. Johnson stated that the purpose of the hearing is to re- ceive and consider suggestions, input, and questions from the property owners. He further stated that if, after consider- ation, the project is approved and ordered in, construction would be completed in approximately one year. He noted that if the project is initiated, the assessment amounts would be payable without interest within 30 days of adoption of the assessment roll, or would be certified for collection with Page 1258 May 6, 1980 real estate taxes over a 19 year period. He stated that if assessments are certified to the County, the interest rate, in accordance with state law, would be set at 1% over the City's bonding interest rate. Mayor Lockwood asked for questions and comments from the audience. Mr. Richard Leyh, president of the Eagle Ridge Association, was present and had several comments. Mr. Leyh stated that he has reviewed both Schemes A and B contained in the feasi- bility study, and that if the project must be ordered in, Scheme B is the most acceptible. Mr. Leyh noted that he has been a resident of the area for quite some time and has watched the development of Eagle Ridge Summit very closely because there had been run-off problems in the area previous to con- struction of Eagle Ridge Summit. Mr. Leyh stated that when the first nine units in Eagle Ridge Summit were constructed, he worked quite closely with the developer and the developer's landscaping contractor, and they were able to then control run-off with planting, trees, and shrubs. He further stated that he does not believe there is any run-off problem result- ing-from construction of the first half of the Summit Addition. Mr. Leyh stated that what the Association, Harvey Bream, and the Eagle Ridge Summit developers support would be the tabling of a decision on the matter until the development of the second half of Eagle Ridge Summit is completed, because that will change the entire run-off picture. He felt that there may not be any problem after the total development is completed and landscaped and felt that development completion and landscaping should reduce the run-off from the area. Mr. Harold Anderson, president of the Eagle Ridge South Con- dominium Association, stated that there has been no water pro- blem in his area, and he heartily endorsed Mr. Leyh's sugges- tion that the matter be tabled. Mr. Chester Sazenski, 1805 Eagle Ridge Drive, stated that he represents the developing company for the remaining lots in the undeveloped Eagle Ridge Summit. Mr. Sazenski asked how it was determined that there is a problem, and further asked if there were any complaints from residents in the area. Mr. Sazenski stated that the residents of the area take great pride in their community and would be cooperative in the matter, but believes that some proof should be given prior to initiation of a project. City Administrator Johnson stated that the four existing catch basins are simply not adequate to control all the run-off from the 10 acres. He noted that when this type of condition is perpetuated, there is continual maintenance required for the cleaning of the streets and erosion control because of the excess water. Mr. Johnson noted that the City promotes the use of public improvement projects to reduce the cost of ad valorem taxes. Mr. James Thomas, a resident of Eagle Ridge, stated that he thinks it would be well to wait to see if there is a problem Ayes: 4 Nays: 0 PLANNING COMMISSION Page 1259 May 6, 1980 and that he is not satisfied that a problem does exist. Mr. Fred Fischer, 1860 Eagle Ridge Drive, stated that the messy condition has been because of mud that has washed down from Eagle Ridge Summit during development. He noted that at times there has been water and mud halfway across the street, but that two to three hours after the rain there is no water standing on the street, only mud. Mr. Fischer felt that after Eagle Ridge Summit is completed, the water problem will be taken care of. He acknowledged that if a decision on the matter is delayed six months or a year, the cost will obviously increase, but still believes that the problem will be resolved with the total development and landscaping of Eagle Ridge Summit and that he would be willing to take a chance on larger project costs in the future if the project is needed then. Mr.Hart Korfhage, 1860 Eagle Ridge Drive, stated that at the current time, the Burow pond is higher than it has ever been, even though this is the driest spring in history. He sugg- ested that primarily, development in the Rolling Green area has caused this pond level. He suggested that if the City brings more water into the pond as the result of improvements in Eagle Ridge, it will create more problems. Administrator Johnson stated that the normal run-off from single family development is .3, but that in the Eagle Ridge area the run-off factor would be .4 or better because the area is more intensely developed. He noted that Eagle Ridge is a heavier density, and a more hard surfaced development than Rolling Green could ever be. Mr. Johnson noted that at some point the City will have to face up to a need for a connec- tion from Victoria out to the pond. Councilman Mertensotto suggested that the hearing be continued for six months and that maintenance of the catch basins, street cleaning, etc., be monitored from now through the six month period. It was noted by Mayor Lockwood that the culvert under Victoria does not solve any problems and that the City is faced with some kind of surface water system to get the water to the Burow pond without eroding someone's private property. After continued discussion, Councilman Mertensotto moved that the Eagle Ridge area drainage feasibility hearing be continued to October 7th and that the Public Works Director, during the interim, compile any information pertinent to surface water drainage in the area. Councilwoman Witt seconded the motion. The Council acknowledged receipt of the April 22nd Planning Commission minutes. CASE #80-05, Mr. Richard Kaplan, 968 Chippewa Avenue, was present to request KAPLAN approval of a variance which would allow construction of a home 19.5 feet from the property line on the easterly side of Lot 21, Block 3, Rolling Green Addition. It was noted by the Council that the lot under discussion abuts public streets on Page 1260 May 6, 1980 three sides, and location of the home on the lot is somewhat difficult. It was noted that sight access from the cul-de-sac on Oxford Court would be reduced if the variance is approved. It was noted, however, that the protection of the line of sight on Oxford Court does not seem of significant importance since the street would not be subject to significant traffic. It was also noted that the location of the structure on the re- vised plan prepared by the City Planner would retain a 45 degree line of sight angle but would reduce the rear yard area. The Council acknowledged several letters from owners of adjacent properties expressing approval of the site plan as originally proposed. After discussion, Mayor Lockwood moved to approve the appli- cation for a 20 foot front yard setback variance as submitted, with the structure being placed parallel with both Walsh Lane and Oxford Court, and allowing construction of the residence 19.5 feet from the easterly property line. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 CASE #80-06, Mr. Lawrence Anderson, representing Mr. Richard Squire, was SQUIRE present to request approval of a variance to allow construction of a garage 10 feet from the rear property line at 1401 Wachtler Avenue. After discussion, Councilman Hartmann moved approval of a variance to allow construction of a 24 foot by 28 foot garage 10 feet from the westerly, (rear), property line at 1401 Wachtler. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 CASE #80-07, Mr. Suchomel, 531 Hiawatha Avenue, was present to request SUCHOMEL approval of his variance application to construct a utility shed 13 feet from the rear (north) property line. After discussion, Councilman Hartmann moved approval of a 17 foot rear yard setback variance at 531 Hiawatha Avenue. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 CAPITOL City Planner Howard Dahlgren was present to review the proposed IMPROVEMENTS capitol improvements program. Mr. Dahlgren indicated that a PROGRAM proposed program was compiled based on capitol improvements anticipated by staff as necessary during the next five years. He reviewed the various categories including proposed City structures, capitol equipment purchases, park upgrading, acquisition and development, anticipated public works improve- ments including highway construction, state aid street const- ruction, Ivy Falls Creek improvements, infiltration/inflow and sewer system needs and other public works matters. Mr. Dahlgren indicated that the overall objective is to have a five year capitol improvements program completed before July. Page 1261 May 6, 1980 He recommended that financing figures be prepared for the various proposals, and that the City Council think about ideas presented in the program. He stated that the capitol improve- ments program would be a part of the comprehensive plan process. Council members suggested that the proposed 16 inch water line on Wentworth Avenue be included in the program, and also that trails to be constructed in concert with street construction be included with the program. FIRE Councilman Mertensotto reviewed discussions held at the recent FACILITIES fire facilities committee meeting and he indicated that the committee will not be able to reach a final recommendation by the May 15 deadline. He stated that City Planner Dahlgren has prepared a study on site locations and that a report had been received from architect Bob Burow as had been requested by the committee. Councilman Mertensotto stated that there are several problems involved in trying to narrow down the various possibilities. Some of these problems include the future loca- tion of TH 149, location of a future structure, and the question of how much financing should be put into the existing structure. He reviewed the several possible location and structure alter- natives. AIRPORT NOISE Mr. John Schardlow and Mr. Bob Ryan, of Howard Dahlgren's office, POLICIES were present to review a memo on airport noise problems and policies. Mr. Schardlow advised the Council that Mendota Heights is affected by the airport safety zones, and that the comprehen- sive plan must address noise policies. He stated that he has been attending the MC/MAC meetings, and advised the Council the MC/MAC committee is concerned with determining what affect airport issues will have on Metropolitan Land Planning. Mr. Schardlow explained noise descriptors and what affect the safety zones will have on land use in Mendota Heights. Mr. Schardlow answered several questions from the Council. RECESS Mayor Lockwood called for a recess at 10:35 P.M. The meeting was reconvened at 10:50 P.M. MISCELLANEOUS Mr. Lawrence Schultz was present regarding his letter of object- tion to assessments proposed against his property in conjunction with the Royal Redeemer storm sewer project. The Council ac- knowledged a memo from the City Engineer which responded to comments in Mr. Schultz's letter. City Engineer Kishel advised the Council that the restoration of Mr. Schultz's yard would be completed by the project contactor. Mr. Schultz indicated that the location of the beehive on his property is not the main point of contention. He did indicate however that his main objection is the double rate proposed for assessments for the project. The Council briefly discussed the matter with Mr. Schultz and concurred with the recommendations in the City Engineers memo. DEPARTMENT The Council acknowledged and briefly discussed the Police REPORTS Department monthly report for March. Page 1262 May 6, 1980 COMMUNICATIONS The Council acknowledged a letter from Mr. Burton Ross relative to traffic in the Ivy Falls area as the result of a detour for Highway 13 bridge repair. The Council also acknowledged corres- pondence from the Chief of Police and Public Works Director regarding speed limits and traffic in the area. Mayor Lockwood noted that the staff reports indicated that Mn/DOT strongly urges that stop signs do not be installed as a means of regulating traffic. The Council concurred that stop signs would not be an answer to Mr. Ross's complaints and that the request for speed limit reduction is unrealistic. As the result of the discussion the Council directed that Mr. Ross be notified that the Council had examined the evidence and the recommendations of staff and determined that the situation does not warrant installation of stop signs or a reduction in the speed limit. COMMUNICATIONS The Council acknowledged receipt of a League of Minnesota Cities Action Alert on bond interest rates. CHANGE ORDER Ayes: 4 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of a memo from the City Engineer regarding a proposed change order for the Marie Avenue emergency repairs. On the recommendation of the Engineer, Councilwoman Witt moved the approval of Change Order No. 1, for Improvement No. 80, Project No. 2, in the amount of $3,920.05. Mayor Lockwood seconded the motion. Councilwoman Witt advised the Council on discussions at a recent community advisory Council meeting. She indicated that she and Park and Recreation Commission Chairwoman Mary Mills advised the School Board at the meeting that the City would like to work with the school district on uses for school property. Councilman Hartmann briefly reviewed a meeting with Mr. Robert Reedstrom and Mr. James Krey regarding Hiawatha Avenue area drainage. LABOR The Council acknowledged and discussed a memo from the City AGREEMENT Administrator and from Mr. Gene Tretter regarding Public Works labor negotiations. Administrator Johnson indicated that the proposal submitted by the Public Works representative constitutes a proposal for overall compensation for 1980 at 91/2% over the 1979 rates. Councilman Mertensotto noted that at a previous Council meeting, the Council had given its support to an 8.4% maximum rate increase and that he could not support the latest proposal. The Council discussed the matter, and acknowledged the Admin- istrator's comment that this is a "take it or leave it" proposal. After discussion, Mayor Lockwood moved to reject the final Public Works Department labor agreement demands for 1980. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Page 1263 May 6, 1980 MISCELLANEOUS The Council acknowledged a memo from the City Administrator relative to the School District #197 capital improvements program. POLICE The Council acknowledged a memo from Police Chief Thul regarding DEPARTMENT an amendMent to the 1980 budget to reflect the impact of service agreements with Mendota and Lilydale. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 After discussion, Councilwoman Witt moved to approve the amended 1980 budget proposal. Councilman Hartmann seconded the motion. The Council acknowledged receipt of a memo from Police Chief Thul regarding the acquisition of a KR-11 moving radar unit owned by the City of Lilydale. In his memo, Chief Thul recommended that the City acquire the unit for $2,000 and suggested that payment in the form of a $250 a month reduction in charges for police servicing to Lilydale for the next eight months. Mayor Lockwood moved to approve the Police Chief's recommendation and acquire the KR-11 moving radar unit. Councilwoman Witt seconded the motion. MISCELLANEOUS The Council acknowledged receipt of a memo from City Administrator Johnson recommending release of.the $5,000 performance bond to Sheehy Construction Company, which had originally been provided to guarantee a number of site improvements at the Shopping Center. Several Council members indicated that there is still a problem with standing water in the parking lot, and indicated that if the bond is released, Mr. Sheehy- should be advised that the problem still exists and should be taken care of. Ayes: 4 Nays: 0 STOP SIGN Ayes: 4 Nays: 0 Councilman Mertensotto moved that the $5,000 performance bond be released to Sheehy Construction Company. Mayor Lockwood seconded the motion. The Council acknowledged a proposed Ordinance regarding an amend- ment to the existing stop sign Ordinance to include signing on several new streets and a change in signing on Pagel Road and Keokuk Lane. Councilwoman Witt moved the adoption of Ordinance No. 174, "AN ORDINANCE AMENDING ORDINANCE NO. 113". Councilman Hartmann seconded the motion. ROLLING GREEN Councilman Hartmann moved the adoption of Resolution No. 80-38, ASSESSMENTS "RESOLUTION CALLING FOR HEARING ON ROLLING GREEN ASSESSMENT ROLL", the hearing to be conducted on June 3rd. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 ASSESSMENT CORRECTION Page 1264 May 6, 1980 The Council acknowledged a proposed resolution to correct the assessment roll for Water System Improvements, to delete an assessment incorrectly placed on Mn/DOT property. After discussion Councilman Mertensotto moved the adoption of Resolution No. 80-39, "RESOLUTION CORRECTING ASSESSMENT ROLL FOR IMPROVEMENT NO. 77, PROJECT NO. 8". Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS The City Clerk advised the Council that School Board elections will be conducted on May 20th. The City Council is therefore not allowed to conduct any public meetings prior to 8:00 P.M. on May 20th. Mayor Lockwood moved that the regularly scheduled May 20th meeting be held at 8:00 o'clock P.M. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 LIST OF Councilman Hartmann moved approval of the list of claims dated CLAIMS May 6th, 1980, in the amount of $46,535.19. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 LICENSES Councilwoman Witt moved approval of the list of licenses, grant- ing licenses to the following: Timmers Roofing and Siding Company Panelcraft of Minnesota, Inc. Daily and Son Blacktopping, Inc. Roofing License General Contractors License Asphalt Paving License Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 12:25 A.M. thleen M. Swanson City Clerk ATTEST: )246i17-ACPCL70-cAl Robert G. Lockwood Mayor