1989-12-19 Council minutesPage No. 2659
December 19, 1989
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 19, 1989
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 City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M.
The following members were present: Mayor Mertensotto,
Councilmembers Anderson, Cummins, and Hartmann. Councilmember
Blesener had notified the Council that she would be out of town.
AGENDA ADOPTION
Ayes: 4
Nays: 0
APPROVAL OF MINUTES
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
CONSENT CALENDAR
Councilmember Hartmann moved adoption of
the revised agenda for the meeting.
Councilmember Cummins seconded the motion.
Councilmember Hartmann moved approval of
the minutes of the November 21st adjourned
meeting.
Councilmember Anderson seconded the motion.
Councilmember Hartmann moved approval of
the minutes of the November 21st regular
meeting.
Councilmember Cummins seconded the motion.
Councilmember Cummins moved approval of the
consent calendar for the meeting along with
authorization for execution of any
necessary documents contained therein.
a. Acknowledgment of the Fire Department
monthly reports for October and
November.
b. Acknowledgment of the Treasurer's
monthly report for November.
c. Authorization of the purchase of
computer equipment for the Fire
Department described in a memo from the
Fire Chief dated December 14, 1989 in
the amount of $7,057.90.
Ayes: 4
Nays: 0
HEARING
CENTER
Ayes: 4
Nays: 0
Page No. 2660
December 19, 1989
d. Adoption of Resolution No. 89 -137,
"RESOLUTION CERTIFYING DELINQUENT
SANITARY SEWER RENTAL CHARGES TO THE
DAKOTA COUNTY AUDITOR FOR COLLECTION
WITH REAL ESTATE TAXES."
e. Approval
Licenses
attached
f. Approval
December
$205,195.
Councilmember
of the List of Contractor
dated December 19, 1989 and
hereto.
of the List of Claims dated
19, 1989 and totalling
05.
Hartmann seconded the motion.
- DODGE NATURE At the request of the applicant,
Councilmember Cummins moved that the
hearing on Dodge Nature Center's
application for conditional use permit be
continued to January 16, 1990.
Councilmember Hartmann seconded the motion.
DUFFY DEVELOPMENT
Mr. John Duffy was present to discuss
issues relating to the proposed development
of the Curley property. He stated that Mr.
Tom Curley would like to know what the
purpose of bringing the Ethan Allen
property into the development (rezoning)
would be, and that Mr. Curley wants to
leave that zoning as it is.
Mayor Mertensotto responded that this has
been one of the concerns for over six
months, and that the Ethan Allen property
will be used for parking for the new
development.
Councilmember Cummins stated that the
purpose of rezoning is to create some
consistent development in the area, and
since Mr. Curley owns both properties it
makes sense to rezone so that any future
development would be consistent with the
current Duffy proposal.
Councilmember Anderson pointed out that the
two parcels were always looked at as a
unified whole by the Planning Commission.
Page No. 2661
December 19, 1989
Councilmember Hartmann stated that the
concern is for unified zoning and that it
does not make sense to have split zoning.
Mr. Duffy informed council that he will
make application for rezoning, he just
wanted to know the rationale. He also
stated that the second issue Mr. Curley is
concerned over is a three-year moratorium
on the residential lots.
Mayor Mertensotto responded that he is
concerned that the wall and evergreens will
be taken out, but at least Council can
require that the wall and trees can not
come out until at least the new plantings
have been in for three years to provide
some screening. Once the wall is gone, the
residential area will be impacted in terms
of traffic and view.
Councilmember Cummins stated that he felt
the requirement was not necessary because
he did not think it was a reasonable
restriction. He felt that a one-year
restriction would be appropriate, provided
that the City has the opportunity to
inspect the berm to make sure adequate
screening and berming has been
accomplished.
Councilmember Hartmann asked whether it is
possible to move the existing evergreens
and make them a part of a berm. Mr. Duffy
stated that he has considered this but that
no landscaper will guarantee that, because
of their size, the trees will live or will
not fall down in heavy winds. He asked for
consideration to be given to installing
larger trees so that there is a heavier
screen from day one.
Councilmember Anderson responded that he
feels Council would be more comfortable
with retaining the three-year moratorium
condition and reconsidering the condition
if the developer provides a better screen.
He pointed out that Council must protect
all interests, and that the neighbors are
giving up a great deal.
With respect to the developers' agreement,
Mr. Duffy stated that he is concerned that
the developer is required to sign the
COMPREHENSIVE PLAN
Page No. 2662
December 19 , 1989
document, pay necessary fees, do drawings,
etc., but the City reserves the right to
back out . He stated that he is trying to
avoid substantial cost and because the
Council can change its mind. He further
stated that he hopes the City will try to
settle with SOS so that he doesn't get to
far out on a financial limb.
Mayor Mertensotto informed Mr. Duffy that
the City will not sign with SOS until it
has a signed developers' agreement. He
asked Mr. Duffy about financing.
Mr. Duffy responded that ordinarily
financing would not be a problem but that
financing has changed a lot in the last few
months and it will be harder to arrange
now. He stated that he would hope that the
City will sign an agreement with SOS
contingent upon financing.
With respect to a question from Mayor
Mertensotto on SuperAmerica, Mr. Duffy
stated that they have many things going on
and cannot be a part of the project now.
He stated that he is dealing with 6 or 7
other companies.
Attorney Hart stated that the provision Mr.
Duffy is referring to is intended to serve
the needs of both parties. With respect to
SOS, the City must have information on
environmental issues.
Councilmember Cummins informed Mr. Duffy
that once the developers' agreement is
signed, Council will work as expeditiously
as possible to reach an agreement with SOS.
Mr. Joe Schultz, from SOS, stated that he
does not want to enter into any agreement
until the developers have signed the
developers' agreement.
Council acknowledged and discussed a memo
from Acting Administrator Danielson
recommending that Council request the
Metropolitan Council to grant a six month
time extension for any Comprehensive Plan
amendments that may be required as a result
of the 1988 Wastewater and Transportation
policy changes.
Ayes: 4
Nays: 0
CABLE TV
Ayes: 4
Nays: 0
Page No. 2663
December 19, 1989
Councilmember Cummins moved adoption of
Resolution No. 89 -138, "RESOLUTION
REQUESTING A TIME EXTENSION FROM THE
METROPOLITAN COUNCIL FOR COMPREHENSIVE PLAN
CHANGES."
Councilmember Hartmann seconded the motion.
Council acknowledged a memo from Acting
Administrator Danielson regarding a request
from NDC -4 that the City allow the cable
company to live broadcast a South St. Paul
City Council meeting on one of the January
Tuesdays on which Mendota Heights meetings
are live - broadcast.
Councilmember Hartmann moved to authorize
staff to communicate to Susan King of NDC -4
and the City of South St. Paul that Mendota
Heights will relinquish its live broadcast
on January 2, 1990.
Councilmember Anderson seconded the motion.
PERSONNEL Council acknowledged a memo and proposed
resolutions from Acting Administrator
Danielson with respect to compensation and
benefits for non - organized employees for
1990. Council also discussed Public Works
negotiations, particularly with respect to
a request for clothing allowance increase.
Councilmember Hartmann moved adoption of
Resolution No. 89 -139, "RESOLUTION AMENDING
PAY CLASSIFICATION SCHEDULE FOR NON -
ORGANIZED EMPLOYEES TO REFLECT A 4% ANNUAL
ADJUSTMENT FOR 1990."
Councilmember Anderson seconded the motion.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
Councilmember Cummins moved adoption of
Resolution No. 89 -140, "RESOLUTION ADOPTING
A SCHEDULE OF COMPENSATION FOR CERTAIN
EMPLOYEES FOR 1990 AND ESTABLISHING CERTAIN
OTHER BENEFITS," including a $225 per month
contribution towards insurance premiums for
non - organized employees.
Councilmember Hartmann seconded the motion.
CITY ADMINISTRATOR Mayor Mertensotto introduced Mr. M. Thomas
APPOINTMENT
Ayes: 4
Nays: 0
PARK COMMISSION
Ayes: 4
Nays: 0
AIR NOISE MONITORS
Page No. 2664
December 19 , 1989
Lawell to the audience, and informed the
audience that action now before Council is
the appointment of Mr. Lawell as City
Administrator. He then read a letter from
Councilmember Blesener expressing that she
is fully in consent with the appointment of
Mr. Lawell as City Administrator.
Councilmember Hartmann moved adoption of
Resolution No. 89-141, "A RESOLUTION
ENTERING AN EMPLOYMENT AGREEMENT WITH M.
THOMAS LAWELL FOR THE CITY ADMINISTRATOR'S
POSITION."
Councilmember Anderson seconded the motion.
Council acknowledged a letter from Mr. Bill
Owens in resignation from the Park and
Recreation Commission.
Councilmember Cummins moved to accept the
resignation of Mr. William Owens from the
Park and Recreation Commission and to
commend him for his service to the
community, and to appoint Stephen Hunter to
the remainder of Mr. Owens' unexpired term
on the Commission.
Councilmember Anderson seconded the motion.
Council acknowledged and discussed a memo
from Administrative Assistant Batchelder
regarding the proposed aircraft noise
monitoring system and placement of monitors
in Mendota Heights. Mr. Batchelder
informed Council that the monitoring grid
was prepared by Steve Vecchi of the MAC and
was given to City staff at a recent meeting
with northern Dakota County cities.
Mayor Mertensotto suggested that if the
City wants to get the landing noise as a
cumulative factor, a permanent monitor
should be located in the Furlong Addition.
He suggested that staff consult with Bob
Collette and Dave Braslau on the
appropriate locations of the permanent and
temporary monitors before taking a position
on their placement.
It was Council consensus to consult with
Mr. Braslau and Mr. Collette to see if they
LABOR NEGOTIATIONS
ADJOURN
Ayes: 4
Nays: 0
ATTEST:
e6' ./rbf
Page No. 2665
December 19 1989
concur with the MAC expert's locations, and
to direct staff to notify MAC at its next
meeting that the City is conferring with
its noise experts.
Mr. Batchelder informed Council that Mr.
Vecchi has volunteered to meet with the
City's air noise committee to explain the
noise monitoring system. Mr. Batchelder
was directed to set up a meeting at City
Hall with the MAC consultants and
representatives from the Dakota County
communities.
It was the consensus of Council that
Council would only reluctantly approve the
requested increase in Public Works uniform
allowance to avoid a strike, and to direct
the Acting Administrator to negotiate with
the group, reminding them that Council has
consented to an additional $10 per month in
insurance contribution.
There being no further business to come
before the Council, Councilmember Cummins
moved that the meeting be adjourned.
Councilmember Hartmann seconded the motion.
TIME OF ADJOURNMENT: 8:25 o'clock P.M.
Charles E. Mertensotto
Mayor
thleen M. Swanson
City Clerk
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
ON DECEMBER 19, 1989
General Contractors License
Henjum & Hayes, Inc.
Sign License
DeMars Signs