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1977-03-01 Council minutesPage 794 March 1, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 1, 1977 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:00 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Acting Mayor Mertensotto called the meeting to order at 8:00 o'clock P.M. The following members were present: Acting Mayor Mertensotto, Councilmen Losleben, Schaberg and Wahl. Mayor Lockwood had notified the Council that he would be out of town. APPROVE Councilman Losleben moved approval of the minutes of the MINUTES February 15 meeting. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 Councilman Wahl moved approval of the minutes of the February 16 special meeting. Councilman Schaberg seconded the motion. Ayes: 4 Nays: 0 DUTCH ELM Acting Mayor Mertensotto noted that the concensus of the DISEASE Council on February 16 was to direct the Administrator to prepare the necessary resolution establishing a Dutbh Elm Disease subsidy formula and application for State grant. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 PARK CONTRIBUTION Ayes: 4 Nays: 0 BOARD OF REVIEW Ayes: 4 Nays: 0 After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 77-13, "RESOLUTION ESTABLISHING SUBSIDY FORMULA FOR REMOVAL OF DUTCH ELM DISEASED TREES." Councilman Wahl seconded the motion. Councilman Wahl moved the adoption of Resolution No. 77-14, "RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO SUPPORT RESIDENTIAL PROPERTY OWNER SUBSIDIES UNDER THE PROVISION OF THE MINNESOTA STATUTES SECTIONS 18.023. Councilman Schaberg seconded the motion. Councilman Wahl moved the adoption of Resolution No. 77-15, "RESOLUTION ESTABLISHING PARK CONTRIBUTION FORMULA." Councilman Schaberg seconded the motion. Councilman Wahl moved that the annual Board of Review be established for 8:00 P.M. on June 29, 1977. Councilman Losleben seconded the motion. Page 795 March 1, 1977 DESTRUCTION OF Councilman Schaberg moved the adoption of Resolution No. 77-16, RECORDS "RESOLUTION DIRECTING DESTRUCTION OF RECORDS." Councilman Losleben seconded the motion. Ayes: 4 Nays:O BID OPENING Financial Advisor Larry Shaughnessy was present to open bids received on the sale of $585,000 permanent improvement bonds. The following bids were recefted: First National Bank of St. Paul bid $233,379.20 for an interest rate of 4.931%; Dain, Kalman and Quail bid $238,547.50 for an interest rate Of 5.040%; American National Bank of St. Paul bid $230,692.50 for an interest rate of 4.874%; First National Bank of Minneapolis bid $225,555.40 for an interest rate of 4.766%; Juran and Moody bid $235,029.75 for an interest rate of 4.966%; BancNorthwest bid $232,558.55 for an interest rate of 4.914%. Councilman Losleben moved that the bids be accepted and turned over to the Financial Advisor for review. Councilman Schaberg seconded the motion. Ayes: 4 Nays: 0 FEASIBILITY Acting Mayor Mertensotto noted that the Feasibility Hearing was HEARING established to discuss proposed improvements on Mayfield Heights Lane, Mayfield Heights Road and the adjacent Highland Heights area. He stated that if anyone in the audience has any objections, their questions will be heard after presentation of the proposed project by the staff. He asked that anyone wishing to do so should submit written comments or objections to the City Clerk prior to the March 15 Council meeting. Acting Mayor Mertensotto turned the meeting over ta:the City Administrator for a description of the proposed improvements. Administrator Johnson stated that the proposed project was not initiated by petition from most of the residents involved, but some of the City's past lack of action on drainage facilities in the area has made it necessary to hold a hearing to explain deficiencies in the Mayfield Heights/Highland Heights area. He noted that hearing notices had been published in the Sun Newspaper and that copies of the notice had been mailed to all affected property owners. The project was actually initiated as a result of a petition for improvements by owners of property located on Mayfield Heights Lane, however, a good share of the surface water drains into the area from the Highland Heights area. He noted that there would be no use in allowing development on Mayfield Heights Lane until there is an outlet for surface water. The Engineer proposes that the surface water that flows in a northerly direction be picked up in an underground pipe at Douglas and James with an auxiliary pick-up east of the intersection, pipe the water into a ponding area, control the volume of water flowing out of the pond, use a pipe line down Mayfield Heights Road and down to TH 13 into a natural drainage area. It is proposed to store the runoff in the ponding area and meter the water out under controlled conditions so that the water flow will be somewhat like it was before any Page 796 March 1, 1977 developthent occurred in Highland Heights. The proposed improvements are as follow: Mayfield Heights Lane - sanitary sewer, water, storm sewer, street and curb and gutter. the street is proposed to be 30 feet wide. A 24-foot bituminous surface is proposed for Mayfield Heights Road, along with concrete curb and gutter and drainage improvements. The Highlan: Heights area would only receive storm sewer improvements. The estimated costs are as follow: sanitary sewer, $7,700 or an estimated cost of $9.00 per front foot; watermains, $5,400 or an estimated $6.25 per front foot; street $29,000 or an estimated $35.00 per front:foot on Mayfield Heights Lane and an estimated $22 to $23 per front foot. The estithated cost of storm sewer construction is $65,000, or approximately 612 to •7 per square foot. It was noted that the Council is aware that some of the properties abutting Overlook Road were assessed 2 per square foot for a partially completed storm sewer system in 1969. Following the verbal presentation, the City Administrator gave a slide presentation of the present drainage characteristic: of the area involved in the hearing. City Engineer Kishel explained some of the preliminary engineering details, including the fact that since the area is on the edge of the Mississippi River Corridor Critical Area, the Metropolitan Council will most probably insist that somethin( be done in the future, and that the costs will probably be very excessive at that time. Acting Mayor Mertensotto asked for questions and comments from the audience. Mr. Stanley Karon, 1764 Douglas Court, suggested that the drainage that will come to the culvert under TH 13 is the same water as at present, going to the same place as at present, and in the same quantities. Mr. Karon also asked general questions about drainage, why the property owners on Mayfield Heights Lane are not proposed to pay greater storm sewer rates since the system will alleviate their drainage problems. He als< questioned how the proposed storm sewer system will benefit the property owners in Highland Heights. Mr. Herbert Dalglish, 1054 Sibley Memorial Highway, stated that the residents on Mayfield Heights Road do not want the street, curb and gutter or storm sewer improvements. It was his contention that the Mayfield Heights drainage problems are caused by the runoff created by the Highland Heights runoff. He also asked about future pond maintenance if the project is installed. Mr. Donald Rutman, 1043 Overlook Road, stated that it is his impression that the Mayfield Heights Road residents are not interested in the project, nor are the people in the Highland Heights area. He stated that he is confused over the benefit since neither group is interested in the project. Page 797 March 1, 1977 Mrs. Marian Clemens, 1040 Sibley Memorial Highway, stated that she is the former owner of the Mayfield Heights Lane property, that the property has never been developable because of the drainage conditions, and that she objects to the proposed improvements because of the assessment costs. Mr. Tom Sherman, 1077 Overlook Road, stated that the fundamental reason for the project seems to be to bring the Mayfield Heights Lane property up to a level of developability. He also stated that he did not feel that the people were given enough information in the presentation. Mrs. Shirley Goldman, 1742 South Lexington Avenue, asked if the project was only being considered in order to allow development of the lots on Mayfield Heights Lane. Several unidentified audience members expressed opposition to the drainage improvements. Administrator Johnson read portions of a letter received from Stanley Karon in 1974 requesting storm sewer improvements in the Highland Heights area. Acting Mayor Mertensotto pointed out that the Council must consider the possibility of increased drainage problems in the future and must plan ahead. There is no controlled drainage system at present, and the Council must take into consideration the fact that some time in the future the Metropolitan Council may impose drainage control requirements. Acting Mayor Mertensotto thanked the property owners for attending the hearing and commenting on the proposed project. He again requested that the property owners who wish to make written comments submit those comments to the City Clerk prior to the March 15 meeting. RECESS Acting Mayor Mertensotto called for a recess at 10:20 o'clock P.l The meeting readjourned at 10:30 o'clock P.M. Acting Mayor Mertensotto noted that the general concensus of the property owners seems to be that they object to the proposed storm sewer assessment but do not particularly object to the proposed drainage improvements. He stated that it seems as though the residents in the Highland Heights area do not want to bear an assessment rate equal to the property owners on Mayfield Heights Lane, but do not seem to object to being assessed for the costs for the portion of the project from the ponding area to the south edge of the proposed assessment district. Mr. Michael Posnansky, 1041 Douglas Road, stated that he would not object to the project if the assessment for the Highland Heights property owners is proportionate to the construction costs for the portion of the improvements from the pond south. Ayes: 4 Nays: 0 BID AWARD Ayes: 4 Nays: 0 CASE NO. 77-1, KASSAN Ayes: 4 Nays: 0 PUBLIC WORKS GARAGE Page 798 March 1, 1977 Acting Mayor Mertensotto noted that the Council will consider the possibility of a different assessment rate for drainage improvements for the Highland Heights area and Mayfield Heights Road. He also noted that the Council will consider directing the Engineer to prepare preliminary cost figures for assessment rates based on this theory. There being no further questions or comments from the audience, Councilman Schaberg moved that the hearing be continued to March 15. Councilman Losieben seconded the motion. Financial Advisor Shaughnessy advised the Council that the bid submitted by First National Bank of Minneapolis was the lowest bid received on the sale of $585,000 Permanent Improvement Bonds and recommended that the bid be awarded to First National Bank of Minneapolis. Councilman Losieben moved the adoption of Resolution No. 77-17, "RESOLUTION ACCEPTING BID ON SALE OF $585,000 GENERAL OBLIGATION IMPROVEMENT:BONDS OF 1977, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to the First National Bank of Minneapolis. Councilman Wahl seconded the motion. Since the applicant was not in attendance and there had been no response from him regarding the application for variance since February 1, there was no Council discussion on the matter. Councilman Wahl moved that further discussion on the application for variance be tabled until the applicant requests reconsideration by the Council. Councilman Losieben seconded the motion. Mr. Richard Leyh, Chairman of the Municipal Facilities Task Force Committee, asked information from the Council about the status of the proposed Public Works Garage and the Committee. Acting Mayor Mertensotto stated that the Task Force Committee established the fact that there is a definite need for the facility, and that the entire Council concurs. He pointed out however that the Council is not in total agreement on siting for the garage. Acting Mayor Mertensotto indicated that the Task Force Committee will be called upon for additional input in the future and directed the staff to increase the lines of communication with the committee. Ayes: 4 Nays: 0 CASE NO. 76-34, RECHTZIGEL Ayes: 4 Nays: 0 FINAL PLAT Ayes: 4 Nays: 0 PLANNING COMMISSION CASE NO. 77-3, EDWARDS Ayes: 4 Nays: 0 PLANNING REPORTS COMMUNICATIONS Page 799 March 1, 1977 After a brief discussion, Councilman Losleben moved that the staff be directed to research the terms, conditions, costs and all other details preliminary to possible negotiations towards the purchase of property located near the intersection of Lexington Avenue and Mendota Heights Road. Councilman Schaberg seconded the motion. Mr. Ned Bohrer, representing Mrs. Clara Rechtzigel, was present to request approval of the subdivision of Lot 17, Wagenknecht Addition (1960 Walsh Lane). The Council acknowledged receipt of a Certificate of Survey, dated February 14-17, 1977. Administrator Johnson advised the Council that the $400 park contribution for the lot division had been submitted by Mrs. Rechtzigel. After a brief discussion, Councilman Losleben moved approval Of the subdivision of 1960 Walsh Lane in accordance with the Certificate of Survey dated February 14-17, 1977. Councilman Wahl seconded the motion. After a brief discussion, Councilman Wahl moved approval of the final plat for the Sun View Hills Addition, submitted by Mr. Ted Van, conditioned upon receipt of a.park contribution of $4,000 for the entire plat. Councilman Losleben seconded the motion. The Council acknowledged receipt of the minutes of the February 22 Planning Commission meeting. After a brief discussion, Councilman Lobleben moved approval of Mr. Kent Edwards' application for a tenfoot variance from the front yard setback requirement on the Hazel Street side of Lot 2, Block 1, Simek Rearrangement. Councilman Schaberg seconded the motion. The Council acknowledged receipt of reports from the City Planner on the Metropolitan Land Planning Act, Critical Area Planning, and an outline of Comprehensive Plan work items. The Council acknowledged receipt of a letter from the Department of Transportation relative to the resurfacing of the Mississippi River bridge and the two bridges at the Junction of TH 110 and TH 35E. MN/DOT/PLAN The Council acknowledged receipt of a letter from the LIAISON Minnesota Department of Transportation regarding the MN/DOT preparation of a comprehensive transportation plan. After a Page 800 March 1, 1977 brief discussion, the Council directed the City Administrator to notify the D.O.T. that Donald Huber has been designated as the City Council's liaison with the D.O.T. on Highway matters. Councilman Wahl expressed concern that a north/south pedway or a new TH 49 alignment be forthcoming so that the north/south traffic will be afforded a grade separation over th 110. BUILDING ADDITION Dr. Tom Koepke was present to request approval of an application for building permit to construct a 35 foot by 25 foot addition onto the Mendota Heights Animal Hospital and to finish the back of the lot with a parking lot. Dr. Koepke stated that the architecture will be the same as the current structure and, in response to Council questions, indicated that landscaping will be completed within a reasonable time after completion of the addition. Ayes: 4 Nays: 0 EAGLE RIDGE, PLAT 5 Ayes: 4 Nays: 0 Acting Mayor Mertensotto moved approval of the building permit subject to review of the plans by the City Planner to verify tha the addition complies with ordinance requirements. Councilman Losleben seconded the motion. After a brief discusSion, Councilman Losleben moved approval of the final plat for Eagle Ridge Plat 5. Councilman Wahl seconded the motion. TRAPPING AND Councilman Losleben moved that the City Attorney be directed HUNTING to prepare an ordinance prohibiting trapping and hunting within City limits. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 MENDOTA WATER Councilman Losleben distributed to the Council and staff • COMPANY copies of the Mendota Water Company financial statement for 1976. BASEBALL Administrator Johnson advised the Council that Park and DIAMOND Recreation Commission Chairman Kevin Howe has discussed the possible use of the southeast corner of the shopping center property for a Babe Ruth type ballfield with Richard Sheehy. Mr. Sheehy had no objection to using the property for this purpose provided the City provides a hold-harmless agreement. SCHOOL DISTRICT PROPERTY After a brief discussion, Acting Mayor Mertensotto directed the City Attorney to contact Mr. Sheehy and prepare any necessary legal documents and directed staff to implement the proposal. Administrator Johnson advised the Council that City Planner Dahlgren had met with Mrs. Barbara Lukermann, School District Planner, relative to the future uses of 8 acres of property Page 801 March 1, 1977 that the School District wishes to sell. As a result of their discussions, the planners recommended that the City not pursue the purchase of the property for open space and that the property is developable, with access from Warrior Drive. CHANGE ORDER, Councilman Losieben moved approval of Change Order No. 1 to IVY FALLS WEST Improvement No. 75, Project No. 3, Stage II, Ivy Falls West ADDITION Addition, in the amount of $3,080.00 for the installation of a water main on Medora Road north of First Avenue. Councilman Schaberg seconded the motion. Ayes: 4 Nays: 0 FINAL PLANS AND SPECIFICATIONS, IVY FALLS WEST SECOND ADDITION Ayes: 4 Nays: 0 After review of the final plans and specifications, Councilman Wahl moved the adoption of Resolution No. 77-18, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IVY FALLS WEST 2ND ADDITION AND ADJACENT AREAS IMPROVEMENTS (IMPROVEMENT NO. 75, PROJECT NO. 3 - IVY FALLS WEST 2ND ADDITION) ," the bid opening to be held on April 4. Councilman Losleben seconded the motion. EQUIPMENT PURCHASES The Council acknowledged receipt of a memo from Public Works Inspector Pearson recommending that the City Council authorize the purchase of a 1-11/2 ton riding roller, portable air compressor and associated jackhammer equipment and a pick-up truck for the Public Works Department. After a brief discussion, Acting Mayor Mertensotto moved the adoption of Resolution No. 77-19, "RESOLUTION AUTHORIZING " PURCHASE OF EQUIPMENT," and directed the staff to prepare specifications. Councilman Schaberg seconded the motion. Ayes: 4 Nays: 0 LIST OF CLAIMS Councilman Schaberg 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, March 1, 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. Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 ATTEST: Page 802 March 1, 1977 Acting Mayor Mertensotto moved approval of the list of licenses, granting licenses to: Home Heating & Air Conditioning Larson-Mac C.E. Van Eckhout Building Corporation Inland Development Corporation B & E Concrete & Masonry Filkins & Son Excavating Tonka Cement and Masonry Lakeville Plumbing & Heating Councilman Wahl seconded the motion. Heating Contractor Licens Heating Contractor Licens General Contractor General Contractor Masonry Contractor Excavating License Masonry Contractor Plumbing License Licens Licens Licens Licens There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilman Schaberg seconded the motion. TIME OF ADJOURNMENT: 11:45 o'clock P.M. Charles E. MektenS-otto Acting Mayor ■NortAl0/ / • ‘LAIl dabaugh Clerk- reasurer