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