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1980-04-15 Council minutesPage 1251 April 15, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 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 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 notified the Council that he would be late. APPROVAL OF MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 ASSESSMENT HEARING ROYAL REDEEMER AREA IMPROVEMENTS Mayor Lockwood moved approval of the Minutes of the April 1st meeting. Councilman Hartmann seconded the motion. Councilwoman Witt moved approval of the minutes of the April 7th meeting. Councilman Losleben seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed assessment roll for Royal Redeemer area sanitary and storm sewer improvements. City Administrator Johnson briefly reviewed the history of the project. Mr. Johnson stated that the project was completed last summer, and it is proposed that the project costs be 100% assessed. He stated that the project costs are as follows: $28,780.69 for storm sewer construction, and $18,252.44 for sanitary sewer construction, for a total project cost of $47,033.13. Mr. Johnson stated that it is proposed to assess the storm sewer cost at two different rates: $0.02 for "remote properties" and $0.058 for "primary" benefitting areas. He pointed out that the Legislature has recently adopted legislation which will allow a greater rate of interest to be charged for municipal bonds. He advised therefore that the City Council cannot establish an assessment interest rate until a rate can be forecasted for sale of the permanent bonds to finance the project. Mr. Johnson advised the audience that the assessment amounts can be paid without interest within 30 days after adoption of the assessment roll, or the assessments will be certified to the County Auditor for collection over a 19 year period. He pointed out that the sanitary sewer construction costs will be totally assessed against the Dakota's Adults property. Mayor Lockwood asked for questions and comments from the audience. Ayes: 5 Nays: 0 CASE NO 80-04, NOACK Ayes: 5 Nays: 0 Page 1252 April 15, 1980 Mr. Emil Hoppe, 2021 South Victoria, asked for a clarification of the storm sewer costs and asked what benefit he derives from the project since no drainage problem existed on his property prior to the construction of the drainage system. Mr. Marty Evans, 235 W. Cottage, stated that he is proposed to be assessed for his entire parcel of property even though a high voltage power line running through his property does not allow development. He stated that he does not feel that the storm sewer will benefit his property. He also asked whether the project would have been initiated if the Dakota's Adults facility had not been approved, and asked several questions about interest. Councilman Mertensotto arrived at 8:15 o'clock P.M. Reverend John Carlsson expressed concern that the north entrance to the Royal Redeemer site had not been returned to the condition it was in prior to construction of the improvements. Mr. Lawrence Schultz, 1084 Vail Drive, stated that his property is affected by surface water run-off at the present time, as it was prior to storm sewer construction, and asked for further clarification on the rationale involved in the application of two different storm sewer rates. Mayor Lockwood asked whether there were any additional questions or comments, and stated that anyone wishing to do so may submit w itten comments, objections or complaints to the City Clerk before April 24th. He stated that staff responses to the communications would be referred to the Council for discussion on May 6th. There being no further questions or comments, Mayor Lockwood moved that the hearing be closed at 8:58 o'clock P.M. Councilman Losleben seconded the motion. Mr. George Noack, Jr., was present to request approval of variances to allow construction of a garage at 606 Valley Lane. The Council acknowledged and discussed a memo from the City Planner regarding the proposed structure. Mr. Noack stated that he will not conduct a business from the site. After discussion, Councilman Losleben moved approval of a three foot sideyard setback variance and an 18 foot rear yard variance to allow construction of a 24 foot by 32 foot garage at 606 Valley Lane based on the following conditions: that the structure be constructed of brick to match the existing residence; that a single 18 by 10 foot overhead door be installed; that the ceiling height be limited to 12 feet; that the roof peak be no higher than 15 feet; that the door be residential-type wood panel construction. Mayor Lockwood seconded the motion. MISCELLANEOUS HIAWATHA AREA DRAINAGE Page 1253 April 15, 1980 Mrs. R. Matus, 1695 Lilac Lane, was present to request the Council to direct that some action be taken to control the problem of dogs running at large in the Highland Heights area. She stated that the City's leash law is not being enforced or obeyed and that as a result she has had several frightening experiences caused by running dogs. In response to a question from the Council, Mrs. Matus stated that the problem is worse from 7:30 to 9:00 A.M. and at 2:30, than at other times during the day. As the result of the discussion, the Council directed that the animal control officer be directed to increase patrolling activity in the area, concentrating patrolling during the peak hours indicated by Mrs. Matus. The Council acknowledged and discussed an engineering feasibility study for proposed Hiawatha area drainage improvements. It was noted that the report had originally been submitted to the Council on September 4, 1979. Mayor Lockwood read the summary of options available for correction of the existing drainage problems, suggesting that option number three contained in the report, a complete storm sewer system and street resurfacing project, would be the best solution. Councilman Hartmann stated that the primary problem is flooding of the rear portions of Lots 2 through 10 of Block 3, C.D. Pierce Addition. Mr. Robert Reedstrom, 530 Hiawatha, and Mr. James Krey, 933 Chippewa, were present.for the discussion. Mr. Reedstrom stated that as a group, the area residents are not in favor of complete drainage and street improvements, and felt that option two in the report, the filling of the low ground on Lots 2 through 10, would be the most appropriate option. Mr. Reedstrom stated that he would be willing to survey the people on both sides of the "slough" to get their reactions to the feasibility report proposals. The Council appointed Councilman Hartmann to serve as the Council's representative in informal discussions with the neighborhood residents. MN/DOT The Council acknowledged and briefly discussed a letter from Mn/DOT regarding the early opening of 1-494 to T.H. 55. COMMUNICATIONS The Council acknowledged receipt of a letter from the League of Minnesota Cities regarding the State Fire School to be conducted May 16 to 18. FIREMEN'S RELIEF The Council acknowledged and discussed a memo from the City ASSOCIATION Administrator regarding statutory requirements for volunteer firemen's relief associations. Councilman Mertensotto advised that the current Relief Association by-laws are not in compliance with the statutes and that the Association officers are looking for legal counsel to prepare by-laws revisions. It was the concensus of the Council that a letter from the Mayor be sent to the Association indicating that the Council is aware of the by-laws non-compliance and urging and supporting the preparation of the necessary revisions. Page 1254 April 15, 1980 CAPITAL The Council acknowledged receipt of a draft capital improvements IMPROVEMENTS program and directed that the City Planner be requested to attend the May 6th meeting to discuss the draft program. IVY FALLS It was noted by the Council that Resolution No. 80 - 33, established ADDITION May 20th as the Feasibility Hearing date for proposed Ivy Falls IMPROVEMENTS First Addition improvements, and that the resolution should be changed to correct the date to June 3rd. Councilman Losleben moved to correct Resolution No. 80 - 33, to establish a June 3rd hearing date. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 LABOR NEGOTIATIONS Administrator Johnson introduced Gene Tretter, labor negotiator for the City. Mr. Tretter reviewed the history of recent negotiations on the Public Works Department labor contract and updated the Council on the current status of the negotiations. Mr. Tretter also outlined the content of the mediator's proposal and recommended that the Council support this proposal. As the result of the discussion, the Council concurred with the mediator's proposal and authorized the negotiator and City Administrator to offer the rates and benefits contained in the proposal as a maximum offer, acknowledging that the response to the offer might be a work stoppage. MISCELLANEOUS City Attorney Winthrop advised the Council that David VanLandschoot has filed a complaint with the District Court as the result of the City's denial of his application for subdivision of Lot 18, Linden Addition. TRAFFIC SIGNS Mr. Winthrop gave the Council a brief history of a boundary dispute between the City and the City of Lilydale which was filed with the Court in the early 1970's. Mr. Winthrop stated that Lilydale has filed a petition to dismiss the case with prejudice. He requested and received Council direction to file a petition to dismiss the matter without prejudice. The Council' acknowledged a memo from the Public Works Director regarding traffic control devices on Pagel Road and Keokuk Lane. As the result of the discussion, Councilman Losleben moved approval of the Public Works DirOctor's'recommendatimis that,Pagel Road be a through street and Keokuk Lane be a stop street. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 INFILTRATION/ Mayor Lockwood moved the adoption of Resolution No. 80-37, INFLOW "RESOLUTION AUTHORIZING CITY PARTICIPATION WITH MWCC IN INFILTRATION/INFLOW ANALYSIS PROGRAM". . Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The Council acknowledged a memo from the Public Works Director relative to the status of an application for conditional use Page 1255 April 15, 1980 permit for filling at the River Heights Office Park development. ANNUAL REPORT The Council acknowledged'and discussed the 1979 Administrative annual report. LIST OF CLAIMS Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Councilman Losleben moved approval of the list of claims dated April 15, 1980, and totalling $101,152.56 in expenditures. Councilman Hartmann seconded the motion. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned to 8:00 o'clock A.M., April 26th, at which time the Council will conduct a special meeting/City tour. Mayor Lockwood seconded the motion. TIME OF ADJOURNMENT: 12:27 o'clock A.M. k%vt,cfet, Robert G. Lockwood Mayor thleen M. Swanson City Clerk