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1977-08-02 Council minutesPage 861 August 2, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 2, 1977 Pursuant to due call and notice thereof, the regular meeting of the City Counci City of Mendota Heights, was held at 7:30 o'clock P.M. at 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, Schaberg and Wahl. HEARING - CHERRY Mayor Lockwood opened the meeting for the purpose of a hearing HILLS SECOND on the proposed assessment roll for the Cherry Hills Second ADDITION Addition improvements. Mayor Lockwood turned the meeting over to City Administrator Johnson for review. Administrator Johnson gave a brief history of the project, stating that hearinc notices had been mailed to the property owners and published in the legal newspaper. He outlined the assessment rates as follows: sanitary sewer, $18.50 per assessable foot; watermain, $9.00 per assessable foot; storm sewer, $0.073 per square foot; streets, $34.00 per assessable foot; water and sewer services $300 each; storm sewer on the Wachtler property at $0.03 per square foot. He also outlined the cost estimates as stated at the feasibility hearing. He advised the audience that the street assessment was considerably higher than the original estimate because of unstable underground conditions. He noted that the assessments may be paid in full without interest within thirty days after assessment roll adoption, or payment may be made to the County thereafter, over a 10 year period for street improvements and a 19 year peridd for the balance of the improvements, at 7% interest onthe unpaid balance. Mayor Lockwood asked for questions or comments from the audience. Mr. John Larson, representing several of the affected property owners, asked what the assessment policy is for corner lots and lots on cul-de-sacs. He also asked whether any consideratior was given to splitting the total assessable amount equally amongst the lots in the plat. He also questioned assessments on properties abutting Wachtler Avenue, in view of the improvements previously assessed against the Russ property. He was advised to contact the Administrator on this matter. Several property owners asked questions on the assessment policy. After a lengthy discussion, Councilman Mertensotto moved that the hearing be closed and that the affected property owners Ayes: 5 Nays: 0 Page 862 August 2, 1977 be requested to submit any written objections or questions to the City offices by the end of office hours on August 10. Councilman Wahl seconded the motion. The hearing was closed at 8:30 o'clock P.M. HEARING - CLEMENT/ Mayor Lockwood opened the,meeting for the purpose of a hearing VANDALL AREA on the proposed assessment roll for Clement/Vandall area IMPROVEMENTS improvements. Mayor Lockwood turned the meeting over to City Administrator Johnson for a review of the project. Ayes: 5 Nays: 0 Administrator Johnson gave a brief history of the project, stating that the project included several different kinds of street improvements plus storm sewer improvements. He pointed out that the project also included improvements in the Wentworth Park costing approximately $21,500, and that this would be paid for by General Obligation taxes. The proposed assessment rates are as follow: 30 foot street with curb and gutter at $21.50 per assessable foot; 30 foot street without curb and gutter, $16.50 per assessable foot; 18 foot street without curb and gutter, $10.00 per assessable foot; storm sewer at $0.062 per square foot; sewer services at $340 each; water services at $350 each; bituminous driveways at $0.09 per square foot. Mr. Johnson advised the residents that the assessments, if approved by the Council, may be paid in full without interest during the thirty days following adoption of the assessment roll, or they may be paid over a 10 year period for street improvements and driveway improvements, and a 19 year period for the balance of the improvements at an interest rate of 7% on the unpaid balance. Mayor Lockwood asked for questions and comments from the audience Mr. Bruce Wyatt, 1459 Clement Street, stated that part of his property drains into the drainage district and a portion drains in the opposite direction. He asked whether he will be assessed for storm sewer for his entire property under this project. Mr. Ronald Heuer, 656 Second Avenue, asked what measurements were used in determining driveway assessments. Several other property owners asked general questions about the project. After a brief discussion, Councilman Mertensotto moved that the hearing be closed and that property owners be requested to submit written objections or comments to the City Clerk by 5:00 P.M. on August 10. Councilman Schaberg seconded the motion. The hearing was closed at 8:48 o'clock P.M. Page 863 August 2, 1977 APPROVAL OF Councilman Losleben moved approval of the minutes of the July 19 MINUTES meeting. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 BID AWARD -- EMERSON AVENUE IMPROVEMENTS Ayes: 5 Nays: 0 Engineer Kishel outlined the bids received for proposed Emerson Avenue improvements. After a brief discussion, Councilman Losleben moved the adoption of Eesolution No. 77-60, "RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENTS," awarding the contract to the low bidder, McNamara-Vivant Contracting Company, in the amount of $17,493.50. Mayor Lockwood seconded the motion. AUGUST CONSTRUCTION Mayor Lockwood reviewed discussions held on this matter at COMPANY previous Council meetings, noting in particular the concerns on provisions for a second access into the Friendly Hills Addition, as well as other concenns. He noted that the National Science Foundation for Youth has recently expressed a desire to plat a portion of property fronting on Delaware Avenue. In addition to consideration on an access to the replat along the T.H. 49 right-of-way, the City Planner has suggested that consideration be given to planning for a future access through the Youth Foundation proposed platting. Mayor Lockwood asked the Auguts Construction 'representatives if they would be willing to be assessed for street costs, the formula to be developed through negotiations with staff. He pointed out that there must be some agreement on a permanent access prior to serious consideration being given to the replat application, the permanent street to be completed at the same time as the first house in the development is ready for occupancy. CASE NO. 75-22, SCHNEIDER Mr. Finley, attorneY for August Construction, requested that the discussion be continued for a short time so that he and representatives of August and Rauenhorst Corporation, sellers of the property, could discuss the matter. Mayor Lockwood concurred in the request. The Council acknowledged receipt of a letter from Mrs. J.M. Schneider and a revised survey for the subdivision of Lots 1 and 2, Block 4, T.T. Smith Subdivision No. 2. Administrator Johnson pointed out that Mr. & Mrs. Schneider have agreed to grant the necessary drainage and utility easements and have submitted a $500 check as the park contributio for the subdivision. Councilman Losleben objected to approving the subdivision because the property lies within a Wetlands area. Ayes: 4 Nays: 1 Losleben SOMERSET NO. 3 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page 864 August 2, 1977 After a brief discussion, Councilman Mertensotto moved approval of the subdivision of Lots 1 and 2, Block 4, T.T. Smith Subdivision No. 2, subject to the $500 park contribution and granting the necessary utility and drainage easements. Councilman Wahl seconded the motion. Mr. Harvey Bream was present to request approval of a revised plat for Somerset No. 3. The Council acknowledged receipt'of a petition from Mr. Bream for public improvements to serve Somerset No. 3. There was considerable discussion on the proposed realignment of Bachelor Avenue and distribution of right-of-way costs. Mr. Bream stated that he agrees to pay any reasonable right-of-way costs, spreading the cost over the entire plat. After a brief discussion, Councilman Losieben moved approval of the amended preliminary plat-for Somerset No. 3 as dated July 15, 1977. Councilman Mertensotto seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 77-61, "RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON IMPROVEMENTS," to serve the Somerset No. 3 plat, and moved that staff be directed to take whatever steps necessary to acquire the necessary right -Of - way from Par 3 for the realignment of Bachelor Avenue. Councilman Losieben seconded the motion. AUGUST CONSTRUCTION Attorney Finley stated that the developers do not feel full responsibility to solve the access problem which they feel was created by the City's park acqmisition. He stated that part of the replat proposal is to provide an access (Yuma Lane) into property owned by Rauenhorst Corporation. The proposed alignment through the area adjacent to the replat was described by Mr. Robert Worthington of Rauenhorst. Mr. Worthington stated that Rauenhorst Corporation woudid be willing to commit itself to the permanent construction of Yuma Lane (including the cost for construction) at the present time, acknowledging that the City has not made any commitment on the proposed development to the southeast of the replat. In response to Councilman Losleben's suggestion that access along the north property line of the proposed Rauenhorst plat should be seriously considered, rather than YumarLane, Mr. Worthington responded that there are an infinite number of ways to serve the properties and allay the access problems. He pointed out that Rauenhorst would have no objection to exploring any possible solution but that finding a solution to the access problem into the Friendly Hills replat is immediate. He again pointed out that Rauenhorst and August Construction are willing to Ayes:5 Nays: 0 RECESS Page 865 August 2, 1977 build and finance a permanent street now. After a lengthy discussion,Mayor Lockwood moved to direct staff to answer questions on the lot sizes meeting the 70% minimum, problems on encroachment on the wetlands ordinance, access and street location. Councilman Schaberg seconded the motion. Mayor Lockwood called a recess at 10:50 o'clock P.M. The meeting was reconvened at 10:59 o'clock P.M. PLANNING COMMISSION Mayor Lockwood moved that the minutes of the July 26 Planning Commission meeting be accepted,. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 CASE NO. 77-22, KOPP SUBDIVISION Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 Mr. Charles Dahlgren, representing Kopp construction, explained the proposed plat for single family development of 38 acres of property located east of Victoria Avenue and north of Marie Avenue. Mr. Dahlgren explained that the revised preliminary plat dated July 29 includes a 20 foot pedestrian walkway to the park area. After a brief discussion, Councilman Wahl moved approval of the preliminary plat as presented. Mayor Lockwood seconded the motion. The Council acknowledged receipt of a letter from Mr. Gerald Frisch and a petition from residents of the Highland Heights area in ppposition to the proposed construction of 72 apartment units on slightly over two acres of property in Lilydale, on Victoria Avenue. Mr. Frisch and several members of the audience expressed extreme concern over additional traffic on Victoria Avenue, the high density land use adjacent to R-1 zoning, lack of green area proposed around the apartment complex, and several other concerns. Councilman Mertensotto moved that the Council receive and acknowledge the petition submitted by Highland Heights residents relative to the proposed Pfaff development in the City of Lilydale. Councilman Leeleben seconded the motion. The Council noted that approximately 30 residents were present to discuss the matter and request Council response and action. Page 866 August 2, 1977 After a lengthy discussion, Councilman Mertensotto moved the adoption of Resolution No. 77-.462, "RESOLUTION AUTHORZZING EFFORTS TO BE UNDERTAKEN TO OPPOSE THE PROPOSED HIGH DENSITY APARTMENT DEVELOPMENT ON VICTORIA ROAD NORTH OF CAREN ROAD," directing the City Attorney to submit the resolution to the Lilydale officials and appropriate metropolitan and County agencies. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 BICYCLE SHOP, BUILD- Mr. Keith Ackerman was present to request approval of a building ING PERMIT permit for a bicycle shop proposed to be constructed on the south side of T.H. 110, adjacent to the frontage road, on the east side of the Carriage House. Mr. Ackerman noted that _he has met with the City Planner and that Mr. Dahlgren stated that the building meets all zoning requirements. After a lengthy discussion, Councilman Losleben moved preliminary approval of the permit, conditioned upon all aspects, including landscaping, drainage, parking lot, utilities and roof appearance meeting the approval of staff. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 HIGHWAYS The Council acknowledged receipt of a letter from the Department of Transportation and an excerpt from the Dakota County Tribune regarding a hearing on the draft Environmental Impact Statement for 1-494, the hearing to be held at Henry Sibley High School on Thursday, August 25. FIRE SERVICE CONTRACT Ayes: 5 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of a memo frmm the City Administrator recommending that the Fire Service contracts with Lilidae, Mendota and Sunfish Lake be updated and that the involved communities be notified that the Council is considering a change in the rate structure for the fire servicing. Councilman Wahl moved that the concept be accepted and that the attorney be directed to prepare the proper notification in accordance with the original Fire Service Agreements. Councilman Losleben seconded the motion. The Council acknowledgedcreceipt of a memo from the City Administrator regarding a request from Mrs. Olivia Dodge that the City Planner be authorized to act as Mrs. Dodge's planner in the preparation of a plat of property located on Delaware Avenue south of T.H. 110. Page 867 August 2, 1977 Mayor Lockwood moved that the Council acknowledge the possible conflict of interest and allow Howard Dahlgren to work with Mrs. Dodge in the platting of the subject property. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The Council abknowledged receipt of a letter from the State Senate regarding metropolitan hearings. ASSESSMENT DEFER- MENT Ayes: 5 Nays: 0 The Council acknowledged receipt of a notice from Northern States Power company stipulating increased rates for street lighting, sighal lighting and municipal pumping. Councilman Losleben moved the adoption of Resolution No. 77-63, "RESOLUTION PROVIDING FOR DEFERMENT OF A PORTION OF THE REUBEN B. AND LORETTA PHILLIPS SANITARY SEWER ASSESSMENTS." Mayor Lockwood seconded the motion. IMPROVEMENT NO. 77, Mayor Lockwood moved the adoption of Resolution No. 77-64,' PROJECT NO. "RESOLUTION ACCEPTING WORK AND AUTHORIZING PAYMENT FOR CONSTRUCTION OF SANITARY SEWER IMPROVEMENT (IMPROVEMENT NO. 77, PROJECT NO. 5)." Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 PERSONNEL Ayes: 5 Nays: 0 The Council acknowledged receipt of a memo from Public Works Inspector Pearson recommending that Tom Olund be appointed Leadman in the Utility Department. Mayor Lockwood moved that Tom Olund be given probationary appointment as Utility Department Leadman, at a aate of $6.75 per hour, retroactive to July 1, 1977. Councilman Wahl seconded the motion. LIST OF CLAIMS Councilman Schaberg moved the adoption of the following motion: Ayes: 5 Nays: 0 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, August 2, 1977, having been audited by the City Council, be and are hereby allowed and the Mayor and Clerk-Treasurer are hereby authorized and directed to issue City checks in payment of said claims. Councilman Losleben seconded the motion. CIGARETTE LICENSE Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 868 August 2, 1977 Mayor Lockwood moved that a cigarette license be granted to Twin City Vending Company, Inc. Councilman Schaberg seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Johnson Engineering & Construction Company George Sedgwich Heating & Air Conditioning North Star Services Centraire, Inc. General Contractor License Heating License General Contractor License General Contractor License Mayor Lockwood seconded the motion. There being no further business to come before the Council, Mayor Lockwood moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. TIME OF ADJOURNMENT: 1:02 o'clock A.M. Robert G. Lockwood Mayor