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1978-08-29 Council minutesPage 952 August 29, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Special Meeting Held Tuesday, August 29, 1978 Pursuant to due call and notice thereof, the special 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 Huber, Mertensotto and Wahl. Councilman Losleben had notified the Council that he would be late. ASSESSMENT HEARING, Mayor Lockwood opened the meeting for the purpose of a hearing IVY FALLS WEST on the proposed assessment roll for the Ivy Falls West Additions ADDITIONS improvements (Improvement No. 75, Project No. 3). Mayor Lockwood gave a brief history of the project, which began in 1975 and was completed in three stages. He noted that at the request of the developer, all of the properties within the Ivy Falls West plats were assessed equally rather than on a front footage basis. He pointed out that some properties outside the plats were also affected by the project, noting that parcels of property on lower Emerson Avenue in Cherry Hills are being assessed for curb and gutter only and some parcels on Clement are being assessed for storm sewer. Mayor Lockwood listed both the original feasibility study cost estimates and the following established rates: Sanitary sewer, $17.78 per foot; sewer service, $450 each; watermains, $10.76 per foot; water services $340 each; storm sewer at $0.116 per square foot; streets at $25.00 per foot; special curb and gutter at $5.00 per foot. Mayor Lockwood asked for questions and comments from the audienc Mr. Fred Metcalfe, III, stated that according to the schematics there was no storm sewer installation along Clement and asked if there is a storm sewer system that takes the water off of Sylvandale. He noted that he was representing himself and two other property owners on Clement who are being assessed for storm sewer. He stated that the surface water from the 3 residences on Clement drains to the west and down to Sylvandale. Councilman Losleben arrived at 8:02 oclock P.M. Mr. Wayne Nelson, 1389 Clement, stated that the Ivy Falls West improvement project should have nothing to do with the properties on Clement, and asked why he and his neighbors should share the costs rather than assessing the total storm sewer costs against properties in Ivy Falls West. Mr. Jim Robinson, 790 West Emerson, asked what formula was used for assessing for curb and gutter, pointing out that he felt his assessment was too high. Mr. Robinson also asked that the City install some type of traffic controls on Emerson Avenue. Ayes: 5 Nays: 0 Page 953 August 29, 1978 Mr. Fred Metcalfe, III, asked for information on the process residents may use to appeal assessments. The Council acknowledged receipt of a letter from Mr. and Mrs. Metcalfe in objection to the proposed storm sewer assessment against their property. Mayor Lockwood advised the audience that anyone wishing to express comments, questions or objections to their proposed assessments should submit their comments in writing to the City Clerk prior to September 5th. Mayor Lockwood moved that the hearing be closed. Councilman Wahl seconded the motion. The hearing was closed at 8:30 P.M. ASSESSMENT HEARING, Mayor Lockwood opened the meeting for the purpose of a public MAYFIELD HEIGHTS hearing on the proposed assessment roll for public improvements AREA in the Mayfield Heights and Highland Heights area. Administrator Johnson gave a brief history of the improvement project, stating that a good portion of the Highland Heights area was included in the project because staff recommended that additional storm sewer facilities were needed. Mr. Johnson then showed transparencies depicting the limits of the project area. Mr. Johnson stated that the proposed assessment rates and the project cost were higher than the figures included in the feasibility study, advising that only two firms bid on the project, and the low bidder submitted a bid 30% higher than the estimate. He listed the proposed assessment rates as follow: sanitary sewer at $2,081.48 per lot; watermains, at $2,374.87 per lot; streets (Mayfield Heights Road) at $32.25 per assessible foot; streets (Mayfield Heights Lane) at $45.00 per assessible foot; storm sewer at $0.072 per square foot. The original engineering study estimate was $142,000, and the final project cost was $172,000. Mr. Johnson advised the audience that $19,000 to $20,000 of the project cost will be carried on general obligation taxes, mainly to cover the cost of the holding pond construction. He further advised the audience that if the assessment roll is adopted, the assessments can be paid in full without interest during the thirty day period following adoption. At the end of the thirty day period, all unpaid assessments will be certified to the County Auditor for collection, at an interest rate of 7% on the unpaid balance. Street, curb and gutter assessments would then be collectible over a ten year period; sewer, water and storm sewer assessments would be collectible over a 19 year period. Mayor Lockwood asked for questions and comments from the audience. Mrs. Marion Clemens, 1040 Sibley Memorial Highway, stated that she understood she would not be assessed for storm sewer for Lot 1, however the parcel was asbeS'sed.,Sh&askedathatethe City Engineer check into the matter. Page 954 August 29, 1978 Mrs. George Nick commented that there is a very large ditch adjacent to Mrs. Clemens' lot (next to Mayfield Heights Road), at the entrance to the highway culvert, and suggested that the ditch should be protected in some manner. Mrs. Marilyn Lobell, 1065 OVerlook Road, stated that they are being assessed for storm sewer, yet water still stands on their lot and water stands on Overlook when it rains. Mr. Clarence Volkmann, 1673 Mayfield Heights Road, stated that there is a lot of surface water coming from Lilydale into the storm sewer system. He also asked whether the engineer feels that his entire lot drains into the storm sewer. He contended that only about 2/3 of the lot drains to the storm sewer system and the other third drains in the opposite direction. Mr. Harvey Defren, 1051 Douglas Road, asked what the Mayfield Heights Lane properties were assessed for under the project. Mr. George Clemens, Sr., stated that his son's lob is located on the new cul-de-sac, and that the cul-de-sac was constructed several feet aboue the natural terrain. He also stated that the lot was never subject to drainage problems, so the storm sewer is unnecessary. Mr. Michael Posnansky, 1041 Douglas Road, stated that two of the parcels he owns are landlocked and asked for a deferment for Parcel No. 27-02300-050-52 because of its inaccessibility. Mr. Stan Karon, 1764 Douglas Court, asked how the benefit to his lot was determined and who determined to what extent the storm sewer improvements enhanced the value of his property. Mr. Karon asked if his understanding is correct in that the area being assessed is the area (high ground) from which surface water flows and the low land to which the water flows. He also asked whether real estate appraisals were performed to determine benefit. Mr. elarehceLVollsmah �bjectedgteshisaproposed assessment being the same as the lots adjoining his lot, stating that both of the other lots are larger than his. He also complained about the grade of his driveway as a result of the street construction. Mr. Jim Kelly, 1748 James, stated that he has never had a drainage problem and feels that it is unfair to assess him under this project. Mr. Bob Nelson, 1768 Douglas Court, stated that some of the residents understood that the Mayfield Heights area residents would be assessed at a higher rate for storm sewer than the Highland Heights area, and stated that he is concerned that this type of arrangement did not occur. He stated that he does not object to being assessed, only to the assessment rate. Page 955 August 29, 1978 Mr. Stan Karon stated that at the original hearing there was significant objection from Highland Heights residents to the storm sewer improvements. The Mayfield Heights residents did not petition for storm sewer improvements in Highland Heights, only for improvements to serve their properties. After the second hearing he had the understanding that the Highland Heights residents had good reason to believe that storm sewer assessments for the different areas would be premised upon differing rather than equal distributions of assessment rates. He suggested that the Council review their position ald alter the assessment roll. The Council acknowledged receipt of letters from the following residents objecting to the proposed assessments against their properties: Mr. & Mrs. Stanley Karon, Mr. Michael Posnansky, Mrs. Robert A. Nelson, Mr. John R. Simplot. Mayor Lockwood advised the audience that anyone wishing to submit comments, questions or objections to their proposed assessments should submit their comments in writing to the City Clerk prior to September 5th. There being no further questions or comments, Councilman Huber moved that the hearing be closed. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 The hearing was closed at 10:42 o'clock P.M. BUDGET Mayor Lockwood advised the audience that the Council will be conducting a budget hearing on September 19th, the regular Council meeting, and additional special meetings prior to the 19th, and invited all interested residents to attend the meetings. Administrator Johnson recommended, and the Council concurred, that budget discussions be held at 7:30 P.M. on September 7th and September 14th. BID AWARD, Discussion on the bid award for culvert and pipe materials for IMPROVEMENT NO. 77, Improvement No. 77, Project No. 10 (Friendly Hills Re-Arrangement) PROJECT NO. 10 was tabled to September 5th. PETITION FOR IMPROVEMENTS The Council acknowledged receipt of a petition from Mr. John Lyons for public improvements to serve the LCS Company on T.H. 13. Public Works Inspector Pearson advised the Council that the LCS Company has had problems in the past with their private sewer system and would like to connect to the City's sewer and water systems. He recommended that Mr. Lyons submit the petition and hearing waiver, and estimated that the improvements would cost approximately $25,000. After a brief discussion, the matter was continued to September 5th. ASSESSMENT ROLL, Mayor Lockwood moved the adoption of Resolution No. 78-90, IMPROVEMENT NO. 77, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR PABST/ PROJECT NO. 7 LOVEGREEN WATERMAIN EXTENSION (IMPROVEMENT NO. 77, PROEJCT NO. 7)."- Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Page 956 August 29, 1978 ADJOURN There being no further business to come before the Council, Councilman Huber moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:40 o'clock P.M. ATTEST: i4427 jD?L Robert G. Lockwood Mayor hlaen M. Swanson City Clerk