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1979-08-21 Council minutesPage 1127 August 21, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 21, 1979 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, Councilwoman Witt. MINUTES ASSESSMENT HEARING, SOMERSET PARK NO. 3 The Council acknowledged receipt of the minutes of the August 7th meeting. Mayor Lockwood advised the Council that the Clerk had requested that discussion on the minutes be tabled to allow for deletion of an inappropriate resolution. Further discussion was tabled to September 4th. Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed assessment roll for Somerset Park No. 3 public improvements. Mayor Lockwood turned the meeting over to the City Administrator for a history and explanation of the project. Administrator Johnson explained that the sanitary sewer, water, street, curb and gutter and storm sewer improvements were initiated by a petition from the developer of Somerset Park No. 3, and affect 28 lots. The total project cost was $282,548, and includes engineering fees, construction costs, and acquisition of Bachelor Avenue rignt-of-way. The proposed rates are: sanitary sewer, $24.68 per foot, watermain, $15.32 per assessible foot; storm sewer, 8.8' per square foot; street, $23.45 per assessible foot. He stated that the roll was put together based on the equal distribution of assessments for all lots at the request of the developer. He stated that $5,000 of the acquisition of the Langenbrunner property for right-of-way has been proposed to be carried on General Obligation, and $7,562 for pipe over-sizing is also proposed for General Obligation. The proposed Par 3 Golf Course assessment for storm sewer, sanitary sewer, watermain and street improvements is $67,229.29. The balance of the costs, $202,756, is proposed to be assessed against the platted area based on the equal distribution of $7,509.51 per lot. He advised the audience that if the roll is approved, assessments may be paid in full without interest within 30 days after assessment adoption. If the assessments are not paid within the 30 day period, they would then be certified to the County for collection of street assessments over a 10 year period, and the balance of assessments over a 19 year period, at 7% interest annually on the unpaid balance. Ayes: 5 Nays: 0 Page 1128 August 21, 1979 Mayor Lockwood asked for questions and comments from the audience. There was some discussion between the Council and audience regarding the ponding areas and their maintenance. There being no further questions or comments, Councilman Losleben moved that the hearing be closed. Councilman Hartmann seconded the motion. The hearing was closed at 7:55 o'clock P.M. Administrator Johnson wished to certify the portion of the amount After discussion, the report on the history and the impact of the position. asked the Council whether they entire Par 3 assessment or defer a as had been done in previous projects. Council directed staff to prepare a of Par 3 deferments and certifications deferments on the City's financial ASSESSMENT HEARING -- Mayor Lockwood opened the meeting for the purpose of a CROWN POINT ADDITION public hearing on the proposed assessment roll for Crown Point Addition improvements. Administrator Johnson gave a brief history of the improve- ments, which included construction of sanitary sewer, water, street, curb and gutter and storm sewer improvements to serve the Crown Point Addition and adjacent areas. Mr. Johnson stated that the project was initiated by petition from the developer of the property who also requested that the assessments be divided on a per lot (equal) basis. Mr. Johnson stated that the project also included improvements installed to serve the Siebell, Bohrer and Landreville properties. He noted that the main water line had been installed several years ago, and the project included tapping into this water line to service the Crown Point Addition. He stated that the proposed roll includes a proposed assessment of $3,810 for sewer service to the Siebell and Bohrer properties, and it is proposed that the Landreville property be assessed for four services at the rate of $3,810 since there is a potential for development of the property into four lots. It is proposed that the lots within the platted area be assessed $9,310 for all improvements, which is broken down as follows: sanitary sewer, $3,812.91 per lot; watermain $1,077.81 per lot; storm sewer at $2,159.37 per lot; streets at $2,252.96 per lot. Mr. Johnson stated that if the roll is adopted, assessments may be paid in full without interest within 30 days after assessment adoption. If the assessments are not paid within the 30 day period, they would then be certified to the County Auditor for collection of street assessments over a 10 year period, and the balance of the assessments over a 19 year period, at 7% interest on the unpaid balance. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page 1129 August 21, 1979 Mayor Lockwood asked for questions and comments from the audience. Mr. John Daubney, attorney for LaVern Landreville, objected to the assessments proposed for the Landreville property. Mr. Daubney stated that he and his client object to the assessment being based on four sewer services. He noted that while the property can be easily divided into two lots, the possibility of four lots is remote. He noted that since the existing home is in the middle of the property, it would be impossible to divide the property in such a manner as to provide two lots to the west of the structure and also that the westerly portion of the property is adjacent to I-35E and would not be desireable for residential construction. After discussion, it was the concensus of the Council that a single service assessment should be certified and the balance of the assessment should be deferred until such time as the property is sold or developed. There being no further questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed at 8:25 o'clock P.M. Councilman Losleben seconded the motion. Councilwoman Witt moved the adoption of Resolution No. 79-86, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR CROWN POINT ADDITION IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 12)," as amended to defer the making of a portion of the Landreville assessment. Councilman Mertensotto seconded the mbtion. 757 Llucucta_• [241\j, / ASSESSMENT HEARING, Mayor Lockwood opened the meeting for the purpose of a public INLAND INDUSTRIAL hearing on the proposed assessment roll for Inland Industrial PARK Park improvements. Administrator Johnson gave a brief history of the improvement project, which included construction of sanitary sewer, watermain, street, curb and gutter and lift station improvements. He gave the following proposed assessment rates: sanitary sewer at $17.50 per assessible foot; watermain at $11.48 per assessible foot; lift station construction at $0.0355 per square foot; streets at $33.37 and $52.80 per assessible foot; storm sewer at $10.45 per foot. Mr. Johnson explained that street and curb and gutter improvements would be payable over a 10 year period and the balance of the assessments over 19 years, at 7% interest on the unpaid balance. He also advised that the assessments, if adopted, can be paid within 30 days without interest. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed at 8:32 P.M Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 COMMUNICATIONS Page 1130 August 21, 1979 Councilman Losleben moved the .adoption of Resolution No. 79-87, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR INLAND INDUSTRIAL PARK IMPROVEMENTS (IMPROVEMENT NO. 78, PROJECT NO. 2)." Councilman Hartmann seconded the motion. The Council acknowledged receipt of a letter from the Lexington Highlands Homeowners Association regarding the ponding area on the corner of Lexington Avenue and Marie Avenue. Several residents were present to discuss the matter. Mr. George Emslie, 1890 Twin Circle Drive, stated that the residents would like to know what the City's plans were for the pond originally and in the future. He stated that the pond is filling up and several trees are under water and either dead or dying. He expressed concern that six to eight more feet of water in the pond will fill it and it will begin to overflow onto private property. He suggested that the City begin pumping the pond to save the trees. Mayor Lockwood stated that when the pond reaches the overflow level the water goes into an overflow pipe that takes it to the Marie Park pond. He pointed out that maintenance of ponding areas is a cost problem and pumping is very expensive. Engineer Kishel stated that the outlet pipe was installed at such a high level deliberately, since the pond was intended to be a holding pond for overflow water as well as a desilting pond. The pond is intended to retain fast run-off water from the developed areas. A member of the audience asked what obligation the City has with respect to removal of the dead trees. Administrator Johnson Stated that there would be no use in cleaning the pond since the water is stagnant because of pond depth. He further stated that it was the original intent of the Council at the time of plat approval that the pond be left in a natural, undeveloped state. In response to a question on whether the City would remove the dead trees and plant new ones, Mayor Lockwood stated that the Council could not approve such an expenditure of tax dollars, and suggested that perhaps with volunteer help from the residents, some beautification can be done. The Council directed that the property owners contact the Park Commission to get Commission input on a possible volunteer program with City assistance on a reforestation program. R.L. JOHNSON The Council acknowledged receipt of a memo from the Public Works WAREHOUSE Director regarding a request from the R.L. Johnson Company for approval of the elimination of truck parking at the north end of the structure being constructed at 2360 Pilot Knob Road. Mr. John Duffy, representin g the Johnson Company, described a print showing the proposed parking change, explained that the area had been set aside for excess truck parking not required by code, and asked the Council for approval of the request. Public Works Director Danielson stated that the only concern expressed by Page 1131 August 21, 1979 Planner Dahlgren was that the area be set aside for future parking and not be considered as an area for future building expansion. After discussion, Councilman Losleben moved approval of the revise6 site plan dated July 31, 1979, on the basis that the City reserves the right to review all future parking needs and future parking construction. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT REPORTS The Council acknowledged receipt of the Police and Fire Department monthly reports for July. MAUSOLEUM Ayes: 5 Nays: 0 FIRE DEPARTMENT EXPANSION PARK USE REQUEST Ayes: 5 Nays: 0 The Council acknowledged receipt of a memo from the Code Enforcement Officer regarding construction of a proposed mausoleum in the Resurrection Cemetery. Councilman Mertensotto moved approval of the building permit for construction of a mausoleum at Resurrection Cemetery subject to plan approval by the Code Enforcement Officer. Councilwoman Witt seconded the motion. The Council acknowledged and discussed a memo from the Fire Chief and Fire Marshal relative to proposed Fire Station expansion. It was the proposal in the memo that the City explore the possibility of purchasing a portion or all of the Harry Kirchner store and gas station property on Dodd Road, south of the existing Fire Station, for an addition to the station. As the result of the discussion, it was the concensus of the Council that the City Attorney be directed to contact Mr. Kirchner on an informal basis to discuss the possible City purchase of the property on which the store is located. The Council acknowledged receipt of a letter from August Construction Company requesting that they be allowed to raise a 30 foot by 30 foot tent in the Friendly Hills Park on September 5. The company plans to host a Benefit Home Tour for Children's Hospital from 1:00 P.M. to 4:00 P.M. on that date. After discussion, Mayor Lockwood moved approval of the request to raise a tent in the Friendly Hills Park, subject to the follow- ing conditions: that the August Construction Company submit a hold harmless indemnification to the City, •that the site for the tent be stipulated by staff, that August provide an off-duty police officer (to be approved by the Police Chief) for traffic control, and that the tent be raised and removed on September 5th. Councilwoman Witt seconded the motion. COMMUNICATIONS MISCELLANEOUS SEAL COATING Page 1132 August 21, 1979 Administrator Johnson outlined a letter from the State Cable CoRmunications Commission relative to a meeting to be conducted on October 12th. It was the concensus of the Council that the Administrator should attend the meeting. Councilman Losleben also indicated that he would be interested in attending. The Council acknowledged a handout letter from the Lilydale City Clerk requesting sanitary sewer and water extension to a Lilydale location. The Council directed the City Administrator to notify the Lilydale Clerk that since no information has been submitted outlining the type of development proposed for the site, no action can be taken on the request. Councilman Losleben gave the Council an update on his research relative to the possible need for either modifications to the Marie Park lift station pump or the portable generator. He stated that he will continue to pursue the matter and will meet with a representative of Jeffco at the Marie Park lift station in the near future. Engineer Kishel stated that he had a request from the Seal Coating contractor for an additional $622 on the contract. He stated the contractor had swept Decorah Lane to get it ready for seal coating, left and came back at a later date, at which time dirt and mud from traffic necessitated re-sweeping. The contractor requested that the City pay for the second sweeping as well as the first. It was the concensus of the Council that the additional cost is not the responsibility of the City since it was caused by the contractor not exerting necessary controls to minimize time delays between sweeping and seal coating. MISCELLANEOUS The Council acknowledged receipt of the Treasurer's report for July. PAR 3 GOLF The Council acknowledged and discussed a memo from Financial COURSE Advisor Shaughnessy relative to the possible sale of the Par 3 Golf Course and financial details and impact should the City purchase the property. DELINQUENT SEWER CHARGES LIST OF CLAIMS Ayes: 5 Nays: 0 Coun'cilmen Losleben and Mertensotto stated their objections and opposition to consideration of City purchase of the property, and after a brief discussion, the concensus of the Council was that the City should not become involved in the purchase or operation of the course. On the recommendation of the City Clerk, Councilman Mertensotto moved the adoption of Resolution No. 79-88, "RESOLUTION CERTIFYING DELINOUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Mayor Lockwood seconded the motion. Councilman Losleben moved approval of the list of claims dated August 21, 1979. Councilman Hartmann seconded the motion. LICENSES Ayes: 5 Nays: 0 Page 1133 August 21, 1979 Mayor Lockwood moved approval of the list of licenses, granting licenses to: Cedo Builders, Inc. Hartmann Builders, Inc. Lindstrom Cleaning, Inc./ Big Bear Construction Quality Pools Valley Pools, Inc. Vohnoutka Roofing & Sheet Metal Company, Inc. Dahlquist Plumbing, Inc. Mel's Concrete Construction Graf Concrete Company B & C Heating Company DVM, Inc. Bob's Circle Plumbing Dahm's Heating, Inc. Rohard Enterprises, Inc. General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Plumbing License Cement/Masonry License Cement/Masonry License Heating & Air Conditioning License Cigarette License Plumbing License Heating & Air Conditioning License General Contractor License Councilwoman Witt seconded the motion. MISCELLANEOUS The Council acknowledged receipt of a memo from the City Engineer relative to a request for sanitary sewer extension to service the LCS Company. SALARY The Council discussed a memo from the City Administrator CONSIDERATIONS which was distributed on August 7th. Ayes: 4 Nays: 1 Witt ADJOURN Ayes: 5 Nays: 0 ATTEST: On the recommendation of the City Administrator, Councilman Losleben moved approval of the following salary schedule, effective August 1, 1979: Public Works Supervisor $1,600 per month City Clerk 1,295 per month Accounting Clerk 1,025 per month Secretary 875 per month. Mayor Lockwood seconded the motion. 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: 12:02 o'clock A.M. (140J-ml Robert. G. Lockwood, Mayor r:4----64.4"-) K thleen M. Swanson, City Clerk