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1978-06-20 Council minutesPage 911 June 20, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 20, 1978 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 Losleben, Mertensotto and Wahl. Councilman Schaberg had notified the Council that he would be late. BID The Council acknowledged receipt of a tabulation of bids ACCEPTANCE received for the construction of the Inland Industrial Park public improvements, and an explanatory memo from the City Engineer. Engineer Kishel explained that the bids were in excess of the engineering estimate, the low bid being 16% over the estimate, and further explained the reasons for the increase. Ayes: 4 Nays: 0 IVY FALLS CREEK DRAINAGE After discussion, Councilman Wahl moved that a decision on a bid award be continued to July llth. Councilman Loaleben seconded the motion. City Engineer Kishel gave the Council a lengthy verbal report on drainage from the Somerset Country Club to Sylvandale and Laura Court. Mr. Kishel stated that his calculations indicate that the storm water drainage flowing into the Ivy Falls Creek consists of 444 acres of runoff, 287 acres being in West St. Paul and 157 in Mendota Heights, or an average of about 65% of the flow coming from West St. Paul and 35% from Mendota Heights. Mr. Kishel explained the problems caused by excessive rain, including obstructions in the pipes and culverts. Mr. Kishel suggested three possible ways to resolve the flooding problems as follow: 11 Utilize gabion control structures, similar to those used in other locations in the City. He suggested installing 7 gabion structured in the golf course creek itself, and several similar structures from Dodd Road to Laura Court. He cautioned that if this proposal were adopted the City would have to be certain to provide regular maintenance on the structxtttes. 2.) the installation of a pipe line from the existing structure at Dodd Road to Laura Court. He pointed out that this type of of construction would be very expensive. 3.) Construct a complete flume out of rock baskets from Dodd Road to Laura Court. He stated that the flume could be_donstructed-So that all the water that runs down from the country club would be contained inside the structure itself. He noted that the flume would be much more satisfactory thah existing conditions, however it would still be subject to filling up with branches and debris. He also suggested that a 48 inch diameter pipe could be installed across Laura Court and Laura Street and another at Sylvandale. This would increase the existing design capacity by 50%, but would involve problems on the downstream June 20, 1978 Page No. 912 side wherein the City has a conxtricted easement area. This would also necessitate the moving or destruction and replacement of several trees, thereby adding more expense to the project. The estimated costs are as follow: installation of a series of weirs, constructed out of gabions, an additional 48 inch pipe under Laura Street and under Sylvandale Road would cost approximately $106,000. Installation of a 72" underground pipe from Dodd Road to Laura Street would cost an estimated $135,000, with an additional estimated cost of $38,000 to install additional 48 inch pipes at Laura and at Sylvandale. The flume method, constructed from Dodd Road to Laura Street, will cost an estimated $160,000. To this price, $145,000 would be added ftbr removal and replacement of existing structures under Laura and Sylvandale, and an estimated $26,000 would be added for weir construction on the golf course. The total estimate for the flume-type design would be approximately $331,000. Councilman Schaberg arrived at 8:15 P.M. There was considerable discussion over funding participation by West St. Paul. The Council and audience asked several questions regarding the proposed alternatives suggested by Mr. Kishel. Mr. Emil Hoppe, 2021 South Victoria, asked whether the City could dredge the golf course pond to make it larger, with a greater holding capacity. Mr. J.B. Cray, 1313 Laura Street, asked whether the existing facilities at the corner of Laura Street and Laura Court would be utilized in the flume and weir proposal, whether the City can get any input from the Corps of Engineers since the surface water ultimately drains into the Mississippi River, and what the cost would be to repair the problem at its source, West St. Paul. He asked if there is some kind of control device that could be put in to control runoff from West St. Paul. Dr. Levitan, 699 Sylvandale Court, asked whether the alternates relate at all to the problem with the sanitary sewer backing up into his basement. Public Works Inspector Pearson stated that televising of the sanitary sewer lines from just south of the creek bed from the first manhole north of Brookside through to the easement just east of Lot 8, and also the line on Sylvan- dale north of the easement where the blockage occurred showed no irregularities. He indicated that more televising and research on infiltration through manholes would be conducted. Mr. M. Rothstein, 1292 Sylvandale asked whether any thought had been given to finding any other problems which might have caused seepage into the sanitary sewer system. Mr. Alex Leibel asked whether the City would consider applying for National Flood Insurance and explained several conversations with the Department of Housing and Urban Development. It was the concensus of the Council that the City should seek a permanent solution to the problems, that City Attorney Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 PROPOSED DOG AND ANIMAL ORDINANCES Page 913 June 20, 1978 Winthrop should determine what responsibility the City of West St. Paul has in the funding for surface water runoff controls, and determine the cause of the sanitary sewer back-ups. Councilman Losleben moved the adoption of Resolution No. 78-66, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY STUDY ON DRAINAGE IMPROVEMENTS FROM DELAWARE AVENUE TO T.H. Councilman Schaberg seconded the motion. Councilman Mertensotto asked whether the City can monitor the suspect sanitary sewer line affecting the Levitan home, both during periods of ram. no rain. The Council directed Public Works Inspector Pearson to prepare an estimate of costs of monitoring flow readings and additional televising and to report back with the estimates on July llth. Councilman Mertensotto moved the adoption of ResolutionNo. 78-67, "RESOLUTION AUTHORIZING APPLICATION FOR NATIONAL FLOOD INSURANCE f PROGRAM PARTICIPATION." Councilman Losleben seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 78-68, "RESOLUTION SETTING FORTH REQUIREMENTS FOR DEVELOPMENT IN FLOODPLAIN AND FLOODWAY DISTRICTS IN RELATION TO ELIGIBILITY FOR THE HANTIONAL FLOOD INSURANCE PROGRAM." Councilman Losleben seconded the motion. Police Chief Thul was present to explain and answer questions on the proposed dog ordinance amendment and animal ordinance. Dr. Tom Keepke asked several questions regarding the dog ordinance amendment, particularly With regard to the proof of rabies shots prior to issuance of dog licenses and with regard to the owner's rights and responsibilities in quarenteeing a dog after it has bitten someone. There was considerable discussion on the definition of a kennel. As a result of the discussion, the Council directed the Police Chief to work with Dr. Koepke on changes in the proposed ordinance and directed the City Attorney to prepare a revised draft for Council approval. There was considerable discussion on the proposed animal ordinance, however it was determined that the ordinance was too difficult to interpret, and no action was taken on the matter. DEPARTMENT REPORTS The Council acknowledged receipt of the Police and Fire Department monthly reports for June. COMMUNICATIONS The Council acknowledged receipt of a letter from the Department of Natural Resources regarding the requirement f6ran':application to increase the level of Roger's Lake. COMMUNICATIONS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT ROLLS Councilman Mertensotto moved the adoption of Resolution No. 78-69, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLLS FOR IVY FALLS WEST AND IVY FALLS WEST 2ND ADDITION AND ADJACENT AREAS IMPROVEMENTS, BROMPTON COURTS ADDITION IMPROVEMENTS, MAYFIELD HEIGHTS LANE AND ADJACENT AREAS IMPROVEMENTS, AND STREET IMPROVE- MENTS ON EMERSON AVENUE BETWEEN'DODD ROAD AND DELAWARE AVENUE AND ON A PART OF COLESHIRE LANE AND SOMERSET ROAD". Ayes: 5 Councilman Losleben seconded the motion. Nays: 0 ORDINANCE Mayor Lockw000d moved the adoption of Ordinance No. 157, "AN AMENDMENT ORDINANCE AMENDING ORDINANCE NO. 401," to include heating and air conditioning sales and service under conditional uses in B-2 Zoning Districts. Ayes: 4 - Councilman Wahl seconded the motion. Nays: 1, Mertensotto Page 914 June 20, 1978 The Council acknowledged receipt of a letter from the Department of Transportation regarding the Lexington Avenue bikeway grant. The Council acknowledged receipt of a claim for damages from Mr. Albert Anderson, 1411 Farmdale Road relative to the lack of sewer stub at the Farmdale address. The Council also acknowledged and discussed memos from the City Engineer and Public Works Inspector in response to Mr. Anderson's letter, accepted the staff recommendations and took no action on the matter. The Council acknowledged and discussed a letter from Mr. Douglas Hill regarding faulty construction on his home located at 1894 Valley Curve. Mr. Hill was present at the meeting and explained the construction deficiencies and requested that the Council increase the contractor license bond requirements and request intervention of the State Building Inspector on his behalf. Building Inspector Bjorklund also advised the Council of the deficiencies and recommended that the contractor's license for the General Contractor, Envirocon Construction, not be renewed. He pointed out that the matter of correcting the deficiencies must be resolved between the owner and the contractor. Councilman Wahl moved that Building Inspector Bjorklund request the State Building Inspector to perform an inspection on the home. Councilman Losleben seconded the motion. Councilman Mertensotto moved that staff submit a letter to Envirocon Construction advising that their General Contractor license will not be renewed unless th e Hill residence is brought up to code. Councilman Losleben seconded themotion. WATER SYSTEM IMPROVEMENTS Ayes: 4 Nays: 1 Lockwood ENGINEERING STATUS REPORT McDONALDwS BUILDING PERMIT Ayes: 5 Nays: 0 Page No.915 June 20, 1978 City Engineer Kishel reminded the Council that the proposed watermain extension along Wentworth Avenue had been continued to this meeting. Mr. Kishel recommended that the watermain extension be installed as part of the water system (water tank) improvements project. After some discussion, and comments from the audience, Councilman Mertensotto moved that the proposed watermain extension not be installed at this time. Councilman Losleben seconded the motion. The Council acknowledged receipt of the engineering status report for May. Mr. Randy Berg was present, representing McDonald's, to request approval of a building permit for a facility to be located in the Mendota Plaza. The Council acknowledged receipt of a mem o from City Planner Dahlgren. The Council also accepted a letter from McDonald's, holding the City harmless from any damages which might occur to any permanent structures located on the City's easement area.There was some discussion over drainage, and the drainage problem in front of Minnesota Federal. Mr. Berg stated that he will submit correct drainage plans for the McDonald site, showing grading and drainage. Councilman Losleben moved approval of the McDonald's Building permit subject to review and approval of the grading and drainage plans by the City Engineer. Councilman Wahl seconded the motion. Councilman Losleben was excused from the meeting at 12:03 A.M. ASSESSMENT HEARINGS The Council discussed and informally scheduled the following assessment hearing schedule: August 15, Brompton Court and Emerson Avenue, August 29, Mayfield Heights and Ivy Falls West, and a special work meeting on August lst./01,-`, SURPLUS EQUIPMENT The Council received a memo from the Public Works Inspector relative to the sale of the following surplus equipment: 1974 Plymouth, high bid of $99 submitted by Rudy Literski; 1968 Chevrolet Pick-up, high bid of $655 from Mid Northern Contracting, and 1972 International Pick-up, high bid of $311 from Mendota Heights Landscape Service. Ayes: 4 Nays: 0 MISCELLANEOUS Mayor Lockwood moved that the bids be accepted. Councilman Mertensotto seconded the motion. Public Works Inspector Pearson advised the Council that he has received two informal bids for the removal of the Langenbrunner house, a bid of $2,640 from Kamish, and a $2,300 bid from Minnesota Lumber and Wrecking. Ayes: 4 Nays: 0 DELINQUENT SEWER CONNECTIONS Ayes: 4 Nays: 0 MISCELLANEOUS ACCOUNTING CLERK Ayes: 4 Nays: 0 MISCELLANEOUS LIST OF CLAIMS Ayes: 4 Nays: 0 FIREWORKS PERMIT Ayes: 4 Nays: 0 Page No. 916 June 20, 1978 Councilman Mertensotto moved that the bid from Minnesota Lumber and Wrecking for removal of the structure be accepted. Councilman Wahl seconded the motion. The Council received and acknowledged a letter from Health Officer Chao relative to inspections performed on private septic systems serving residences to which municipal sewer is available. After a brief discussion, Councilman Mertensotto moved that Dr. Chao's recommendations be accepted and that extensions for connection to the sewer system be approved in accordance with Dr. Chao's report. Councilman Schaberg seconded the motion. The Council accepted and approved a recommendation from the City Clerk that several excess Comco radio units be included in the auction of bicycles and surplus equipment. On the recommendation of the City Clerk, Mayor Lockwood moved that Jon Larson be appointed to the position of Accounting Clerk at the budgeted salary of $900 per month, and in accordance with the provisions of the Personnel Resolution. Councilman Schaberg seconded the motion. The City Clerk gave the Council a brief report on the status of recruitment of a Code Enforcement Officer. Councilman Schaberg moved adoption of the following motion: RESOLVED, that the claims submitted to the City Council for payment, a summary of which is set forth on the list attached hereto and identified as List of Claims submitted for payment, June 20, 1978, having been audited by the City Council, be and are hereby allowed and the Mayor and Treasurer of the City of Mendota Heights are hereby authorized and directed to issue City checks in payment of said claims. Councilman Wahl seconded the motion. Mayor Lockwood moved that a fireworks permit be granted to the Somerset Country Club. Councilman Mertensotto seconded the motion. LICENSES Councilman Wahl moved approval of the list of licenses, granting licenses to: Ayes: 4 Nays: 0 CLUB LIQUOR LICENSES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 COUNCIL RESIGNATION Ayes: 4 Nays: 0' Page No. June 20, 917 1978 Clemen Construction, Inc. Midway Sign Co., Inc. DaVerne Corporation Brede, Inc. Cokley Plumbing Bohn Plumbing & Heating Maplewood Plumbing & Heating Spriggs Plumbing & Heating F.G. Wagner Plumbing & Htg. Dahlquist'Plumbing Company Wm. Murr Plumbing Co. Berghorst Plumbing & Heating Mantyla Well Drilling, Inc. C.O. Carlson Air Conditioning E.L. Bulach Construction Co. Maplweood Sewer & Water, Inc. Conway Spande Construction, Inc. B-Tu-Mix Suburban Lighting, Inc. Contemporary Construction Spriggs Plumbing & Heating Co. San Zappa Contracting, Inc. Weierke Trenching & Excavating Co. Doody, Inc. Alexander Plumbing Service Minnesota Mechanical, Inc. Mayor Lockwood seconded the motion. General Contractor License General Contractor License General Contractor Licenee General Contractor License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Excavating License Plumbing License Well Drilling License Gas Heating License Masonry & Cement License Excavating License General Contractor License General Contractor Llcense General Contractor License General Contractor License Heating License Excavating License Excavating License Plumbing License Plumbing License Plumbing License Mayor Lockwood moved that an on-sale club liquor license be granted to Somerset Country Club. Councilman Schaberg seconded the motion. Councilman Wahl:moved that.en_on-sale clUb.liquorclicense?,-2- be granted to Mendakota Country Club. Councilman Schaberg seconded the motion. The Council received and accepted with regret a letter from Councilman Schaberg in resignation from his Council position, to be effective on July 1st. Mayor Lockwood moved the adoption of Resolution No. 78-70, "RESOLUTION ACCEPTING RESIGNATION AND ACKNOWLEDGING COUNCIL VACANCY." Councilman Mertensotto seconded the motion. Page 918 June 20, 1978 ADJOURN There being no further business to come before the Council Mayor Lockwood moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 12:33 o'clock P.M. 4-11}1±-ir_ ofcratAn:rozi Robert G. Lockwood Mayor ATTEST: tfe..7-144,,,j A • hleen M. Swanson City Clerk