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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