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1977-09-06 Council minutesPage 877 September 6, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 6, 1977 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 7:40 o'clock P.M. The following members were present: Mayor Lockwood, Councilmen Losleben, Mertensotto, Schaberg and Wahl. APPROVAL OF Councilman Losleben moved approval of the minutes of the MINUTES August 2 meeting as corrected. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 PARK USE PERMIT Ayes: 5 Nays: 0 Councilman Wahl mooed approval of the minutes of the August 16 meeting as amended. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from Dale Johnson, Paul Dreelan and David Pace, on behalf of several residents of the Rogers Lake area, requesting the use of Rogers Lake Park for a pig roast, requesting that they be allowed to use the park from 7:00 P.M., September 17th through 10:00 P.M., September 18th. After a brief discussion, Councilman Losleben moved that the Rogers Lake Park be reserved as requested subject to the following conditions: only those persons tending to the meat roasting will be allowed in the park during those hours; no unnecessary noise will be permitted after normal park hours. Councilman Schaberg seconded the motion. ASSESSMENT ROLL, The Council acknowledged receipt of a report from the City IMPROVEMENT NO. 74, Engineer relative to complaints or questions on the proposed PROJECT NO. 3 assessment roll for the Lexington Highlands Additions and Buril & Holmes Addition improvements. The Council acknowledged receipt of a letter from Mr. Emil Hoppe, objecting to the proposed sanitary sewer assessment against his property, and a letter from Mr. Richard Meierotto, 1994 South Lexington, requesting an extension of time on payment of his proposed curb and gutter assessment. It was the concensus of the Council that the policy of financing street and curb and gutter assessments over a 10 year period and all other assessments over a 19 year period should not be changed. Ayes: 5 Nays: 0 MISCELLANEOUS Page 878 September 6, 1977 It was the Council determination that the assessment against the Emil Hoppe property is correct as originally proposed and that there should be no adjustment. After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 77 -73, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR LEXINGTON HIGHLANDS ADDITIONS AND BURIL AND HOLMES ADDITION IMPROVEMENTS, (IMPROVEMENT NO. 74, PROJECT NO. 3)' Councilman Schaberg seconded the motion. Mayor Lockwood noted that several areas of the City suffered damages as a result of the August 30th storm. He stated that the most severe damage occurred in the Somerset School and Somerset Country Club areas and the Ivy Falls area. He outlined some of the damages, including damage to the municipal sanitary sewer system. Mayor Lockwood asked for questions or comments from the audience. Mr. Alex Leibel, 662 Laura Court, stated that his basement was flooded and that there was approximately $30,000 damage to his home and furnishings. He contended that the damage was caused because of inadequate surface water control system and culverts under Laura which are too small to handle drainage in the area. He stated that th has complained about water backing up frnm the culvert in the past and requested that something be done about the condition. Mr. Jerry Murphy, representing Somerset Country Club, explained the ponding and surface water collection system on the golf course and outlined some of the damage incurred as a result of the storm. Dr. Leonard Levitan, 699 Sylvandale Court, stated that his basement was flooded because of what appeared to be a back -up of the City's sanitary sewer system. He stated that he had 4 inches of mud in his basement and feels that the City must take steps to alleviate or prevent recurrences of such a problem from future storms. Dr. Ronald Lampert, 705 Sylvandale Court, stated that his basement was also flooded by what appeared to be a sanitary sewer back -up and asked that something be done to prevent similar future problems. The Council acknowledged receipt of a letter from Mr. & Mrs. Lawrence Vinaglia, 976 Douglas Road, who submitted flooding damages to their home as a result of the storm. Public Works Inspector Pearson gave a brief summary of some of the damages incurred on City property as a result of the storm. Page 879 September 6, 1977 Mayor Lockwood suggested that the Council appoint an ad hoc committee to study the storm damage and report back to the Council. City Administrator Johnson recommerided that staff be directed to prepare a survey of the damages, estimate of repair costs and very preliminary suggestions on what interim or remedial action should be taken. After considerable discussion, the Council directed the staff to study the situation and make an initial report to the Council on September 20, suggesting alternative control measures which might possibly prevent similar damages in the near future. Administrator Johnson advised the audience that anyone wishing to do so should submit written claims for damages to the City within thirty days and that the claims would then be suhmitted to the City's insurance carrier for processing. ASSESSMENT ROLI, The Council acknowledged receipt of several letters questioning IMPROVEMENT NO. 75, or objecting to proposed assessments for Northeast Area PROJECT NO. 8 improvements, and received and discussed an associated report and recommendations from the City Engineer. The Council made the following determinations as a result of the letters and Engineer's recommendations. Mr. and Mrs. Louis Bily, 999 Delaware Avenue -- Lot 16, Posavad's Addition does not contribute surface water to the drainage district, however the-storm sewer assessment for Lot 15 is correct. Mayor Lockwood moved that the assessment roll be corrected, deleting the proposed storm sewer assessment for Lot 16, Posavad's Addition. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 Based nn the recommendation of the City Engineer, Councilman Wahl moved to correct the proposed assessment roll, reducing the proposed street assessment against 545 Miriam Street (Mrs:,Ceil O'Donnell property) to reflect calcuhation based on true curve length on the Miriam/Simard corner of the lot. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 •Based on the recommendation of the City Engineer, Mayor Lockwood moved that the storm sewer assessment against 969 Chippewa (B.V. Adams property) be reduced to reflect the lot area that drains away from the drainage district. Councilman Schaberg seconded the motion. Ayes: B Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page 880 September 6, 1977 Councilman Mertensotto moved that the storm sewer assessments against Lots 10 and 11, Block 4, Guadelupe Heights Addition (Mr. & Mrs. Murl Crum, 556 Miriam), and 560 Miriam, (John Hartmann property) be reduced to reflect the area that drains away from the drainage district. Councilman Wahl seconded the motion. Mayor Lockwood moved that the street assessment against the Campbell property, 1015 Chippewa (Lots 6 and 7, Block 1, Morrison's Addition), and the street assessment against the Arth property (1021 Chippewa) be reduced to reflect an assessment against 25% of the lot lengths adjacent to Junction Lane; previous assessments againstrthe subject properties established lot frontage on Chippewa. Councilman Losleben seconded the motion. Engineer Kishel noted that as a result of information resultant from the investigation of storm sewer assessment objections by Mr. Crum and Mr. Hartmann, it was determined that only portions of property located at 975 Chippewa, 537 Miriam and 529 Miriam contribute surface water to the drainage districts. The proposed assessments for storm sewer against these properties have been adjusted to reflect the areas that drain away from the district. The Council determined that there was no basis for adjustment of the proposed assessments againstythe following properties: 1050 View Lane (William Herzog), 595 Butler (A.A. Ledegar), 963 Chippewa (Robert Morin); 1068 Esther Lane (Wilfred Oster), 544 Miriam (Eugene Gonsowski), 987 Chippewa (Orlow Simmons). The Council directed that Mr. Gonsowski be notified that any possible drainage problems at the front of his lot are directly attributable to the bituminous parking area in the boulevard, and that he be advised that the parking area is in violation of City ordinances and must be eliminated. The Council directed that Mr. & Mrs. Simmons be notified that no action will be taken at the present time on the elimination of the assessment for sewer and water services for Lots 12 and 13, but that should the two properties eventually be developed as one building site, they should then request a rebate on the applicable assessment. The Council directed that Mr. William Wegner be advised that the City Engineer will keep the curbs and catch basins in front of the Wegner property under observation during the coming year and will order contractor repairs should any unusual settlement occur. Ayes: 5 Nays: 0 ASSESSMENT ROLL, IMPROVEMENT NO. 77, PROJECT NO. 5 Ayes: 5 Nays: 0 RECESS Page 881 September 6, 1977 Councilman Losleben moved the adoption of Resolution No. 77-74, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR NORTHEAST AREA IMPROVEMENTS (IMPROVEMENT NO. 75, PROJECT NO. 8)," adopting the assessment roll as corrected. Councilman Schaberg seconded the motion. Councilman Losleben moved the adoption of Resolution No. 77-75, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS (IMPROVEMENT NO. 77, PROJECT NO. 5)," for the sanitary sewer extension to serve 2215 Dodd Road (Dale Johnson residence). Councilman Wahl seconded the motion. Mayor Lockwood called a recess at 10:35 o'clock P.M. The Council reconvened at 10:45 o'clock P.M. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the August 23 Planning Commission meeting. CASE NO. 77-25, HANSON Ayes: 5 Nays: 0 CASE NO. 77-26, KOPPEN Ayes: 4 Nays: 1 Abstain: 1 - Wahl CASE NO. 77-27, GRIESGRABER Mr. Steven Hanson was present to request approval of rear yard and sideyard setback variances for Lot 8, Block 3, C.D. Pierce Addition. After a brief discussion, Councilman Losleben moved approval of the application, granting variances to allow construction of a home 4 feet from the east property line, and a garage four feet from the west property line and four feet from the rear lot line, conditioned upon receipt of written approval of fhe contiguous property owners. Councilman Wahl seconded the motion. Mr. Melvin Koppen was present to request approval of a lot size variance and a 10 foot front yard sethhck variance for Lots 8 and 9, Block 2, Mortenson's Addition. After a brief discussion, Councilman Losleben moved approval of the variances, subject to payment of past assessments and the granting of a permanent utility easement over the west 45 feet of Lot 9. Mayor Lockwood seconded the motion. Mr. Joseph Griesgraber was present to request a lot size variance for Lot 3, Block 1, T.T. Smith Subdivision No. 4. Council approval is necessary in order, to construct a residence on a substandard parcel consisting of one and one-half lots rather than the required two lots. Ayes: 5 Nays: 0 CASE NO. 77-28, EILERS Ayes: 5 Nays: 0 MISCELLANEOUS BUILDING PERMIT Ayes: 5 Nays: 0 SOMERSET NO. 3 Ayes: 5 Nays: 0 Page 882 September 6, 1977 After a brief discussion, Councilman Losleben moved approval of the application, granting approval to construct a residence on the 75 foot lot. Councilman Wahl seconded the motion. Mayor Lockwood cautioned the applicant to be very aareful to avoid possible excavation and erosion problems during the grading and lot preparation process. Mr. Ernest Eilers was present to request approval of a front yard setback'variance for 741 Decorah Lane to allow construction of an addition to their existing garage. Councilman Wahl moved approval of a 10 foot variance from the front yard setback requirement for 741 Decorah Lane. Councilman Losleben seconded the motion. Mayor Lockwood directed staff to determine whether there are any unpaid assessments against the Hanson and Griesgraber properties prior to issuance of building permits. The Council acknowledged receipt of a' memo from City Planner Dahlgren regarding an application for building permit for an addition onto the Schaak Electronics building. Mr. Tom Merz was present to represent Schaak, and advised the Council that in response to Mr. Dahlgren's concern over possible future parking problems, ScIlaak Electronics agrees to expand the upper parking lot if it becomes necessary. Mayor Lockwood moved approval of the building permit application for a 10,000 square foot warehouse addition on the Schaak Electronics building. Councilman Wahl seconded the motion. Mr. Harvey Bream was present to request approval of the final plat for Somerset Park No. 3. Mr. Bream submitted a signed developer's agreement and $2,000 as the partial park contribution for the plat. After a brief discussion, Councilman Mertensotto moved the adoption of Resolution No. 77-76, "RESOLUTION APPROVING FINAL PLAT FOR SOMERSET NO 3.," the approval being conditioned upon approval by the City Engineer on utility and drainage easements and staff approval of the developer's agreement. Councilman Losleben seconded the motion. EAST COURT Mr. Harvey Bream was present to request approval of the TOWNHOUSES preliminary plat for (Eagle Ridge) East Court. Mr. Bream noted that he is proposing to construct 21 townhouse units on 4.6 acres on property that was originally approved as the site for high-rise apartments. Ayes: 4 Nays: 1 Mertensotto COMMUNICATIONS Page 883 September 6, 1977 Mr. Bream requested that-he would like to retain his own contractor and construct the utility system, based on specifications prepared by the City Engineer. He also requested approval of the proposed parking arrangement g which as proposed do not meet Ordinance requirements for setbacks. Councilman Mertensotto stated that he feels the preliminary plat should be referred to the Planning Commission for input since the original PUD will not be adhered to in the proposed townhouse develppment concept. After a lengthy discussion, Mayor Lockwood moved approval of the concept of 21 townhouse units, allowint utility designs to proced only under a developers agreement and upon written approval of the parking arrangements by the City Planner. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from Attorney William Studer regarding Lilydale action on the Pfaff apartment construction proposal. The Council also acknowledged receipt of a letter from Senator Howard Knutson in response to the Council's invitation to Senator Knutson to attend a Council meeting for discussion of the Comprehensive Plan financing. ASSESSMENT The Council acknowledged receipt of a memo from Mayor Lockwood DEFERMENT recommending that action be taken on the proposed ordinance ORDINANCE providing for hardship deferrals of assessments. The Council also acknowledged receipt of a letter from Mrs. Eleanor Arndt, 646 Sibley Highway, requesting a deferment of street and storm sewer assessments against her property in connection with the Northeast Area improvement project. The Council noted that Mrs. Arndt's request for deferment was the only such request received as a result of the project, and that the proposed ordinance would not apply to the Arndt propefty. The Council therefore took no action on the proposed ordinance. City Engineer Kishel was directed to prepare figures, reporting what the assessment would be on a 15,000 square foot lot (carved out of the Arndt property as a homestead site for assessment purposes), and what the balance of the assessments would be for the purpose of considering a deferment of a portion of the Arndt assessment. 1978 BUDGET The Council acknowledged receipt of the proposed 1978 Budget document. BUILDING PERMIT, BICYCLE SHOP Ayes: 5 Nays: 0 After a brief discussion, Mayor Lockwood moved approvalof a building permit for a bicycle shop to be located next to the Carriage House, conditioned upon approval of the City'Engineer on drainage characteristics. Councilman Losleben seconded the motion. CRITICAL AREA DEVELOPMENT Ayes: 5 Nays: 0 ASSESSMENT FORMULA, DISEASED TREES Ayes: 5 Nays: 0 SPORTS STADIUM T.H. 55 Ayes: 5 Nays: 0 CHANGE ORDER Ayes: 5 Nays: 0 C.E.T.A. EMPLOYEE Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 Page 884 September 6, 1977 Councilman Mertensotto moved the adoption of Resolution No. 77-77, "RESOLUTION RELATIVE TO CRITICAL AREA DEVELOPMENT." Councilman Losleben seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 77-78, "RESOLUTION ESTABLISHING ASSESSMENT FORMULA FOR REMOVAL OF DISEASED TREES." Councilman Losleben seconded the motion. The Council acknowledged receipt of a memo from the City Administrator advising of a Metropolitan Sports Facilities Commission hearing on the proposed Eagan stadium site, the hearing to be held on September 12. Councilman Mertensotto mooed the adoption of Resolution No. 77-79, "RESOLUTION RELATIVE TO TH 55 CLASSIFICATION," directing Consultant Dahlgren and other City representatives to appear before the Metropolitan Council on September 12 to express the Mendota Heights position on T.H. 55. Councilman Schaberg seconded the motion. Mayor Lockwood moved the approval of Change Order No. 1 to the contract for Improvement No. 77, Project No. 1, deleting a portion of the project from the contract. Councilman Wahl seconded the motion. Councilman Schaberg moved that Charles Maschinke be appointed Landscape Gardener, effective September 7, the employment to continue for four months and the salary of $800 per month to be funded via the C.E.T.A. program. Mayor Lockwood seconded the motion. Councilman Losleben moved the 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, September 6, 1977, having been audited by the City Council, be and are hereby allowed and the Mayor and Clerk- 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. 3.2 BEER LICENSE Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST:. Page 885 September 6, 1977 Mayor Lockwood moved taht an off-sale 3.2 malt liquor license be granted to Snyder's Drugs. Councilman Schaberg seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Southview Sanitation Befort Roofing, Inc. Kenneth Waschek Quimby Company Air System, Inc. Arneson Heating Service, Inc. Holzmer Tape, Spray & Stucco Johnny Masonry, Inc. Norsk Condrete Construction, Inc. William Seidl, Cement Contractor Budget Plumbing Dahlquist Plumbing, Inc. R & J Plumbing Summit Plumbing & Heating Company Ron Soderstrom Construction Excavating License General Contractor License General Contractor License General Contractor License Heating Contractor License Heating License Masonry License Masonry License Masonry License Masonry License Plumbing License Plumbing License Plumbing License Plumbing License General Contractor License Councilman Schaberg seconded the motion. There being no further business to come before the Council, Councilman Schaberg moved that the meeting be adjourned. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 1:32 o'c ock A.M. AVA441!/ / 41IFadabaugh Clerk-Treasure/ jtiht 74L Robert G. Lockwood Mayor