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1987-01-06 Council minutesPage No. 2354 January 6, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 6, 1987 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, 750 South Plaza Drive, Mendota Heights, Minnesota. OATH OF OFFICE ROLL CALL AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES The Deputy City Clerk administered the Oath of Office to Mayor Charles Mertensotto and Councilmembers John Hartmann and Elizabeth Witt. Mayor Mertensotto called the meeting to order at 7:35 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Hartmann, and Witt. Councilmember Cummins had notified the Council that he would be late. Councilmember Blesener moved adoption of the agenda for the meeting, including items contained in the add-on agenda. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of the minutes of the December 16 meeting with corrections. Councilmember Blesener seconded the motion. Ayes: 3 Nays: 0 Abstain: 1, Mertensotto CONSENT CALENDAR Councilmember Witt moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Adoption of Resolution No. 87-01, "RESOLUTION ESTABLISHING 1987 CITY DEPOSITORIES OF FUNDS". b. Acknowledgement of the December 15 Planning Commission minutes. c. Acknowledgement of the December 9 Park and Recreation Commission Minutes. Ayes: 5 Nays: 0 ACTING MAYOR Ayes: 5 Nays: 0 HEALTH OFFICER Page No. 2355 January 6, 1987 d. Acknowledgement of the December Code Enforcement report. e. Approval of the List of Pledged Securities. f. Approval of the List of Claims dated January 6, 1987, and totalling $131,210.99. g. Approval of the List of Contractor's Licenses dated January, 6, 1987, and attached hereto. h. Approval of a settlement dispute for a sewer backup at 995 Caren Court. i. Approval of a sign permit for. Lloyd's Foods Products, 1455 Mendota Heights Road. Councilmember Cummins arrived at 7:43 P.M. Councilmember Hartmann seconded the motion. Councilmember Cummins moved that Councilmember Witt be reappointed Acting Mayor for 1987. Councilmember Blesener seconded the motion. Councilmember Witt moved that Dr. Thaddeus Chao, 783 Hokah Avenue, be reappointed as Health Officer for 1987. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 OFFICIAL NEWSPAPER Council had received requests from the Sun Current newspaper and the South West Review for consideration of designation as the official newspaper for 1987. Councilmember Witt noted she would not recommend the Sun Current due to the frequent lack of delivery of the paper to her home. Councilmembers Blesener and Cummins noted that they did not receive the South West Review. After a brief discussion, Councilmember Cummins moved that the West St. Paul /Mendota Heights Sun Current be designated as the official City newspaper for 1987, and directed Page No. 2356 January 6, 1987 staff to advise the Sun Current of the sporadic delivery concerns expressed by Councilmember Witt. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 1, Witt FIRE DEPT. APPOINT- Fire Chief John Maczko was present to MENTS introduce James and Kevin Perron, 676 Callahan Place, and Aaron Coates, 2361 Dodd Road, and to recommend their appointment to the Fire Department. Chief Maczko noted that there is a one year probationary period for new firefighters and briefly explained the training the men would be going through. Councilmember Witt moved the appointment of James Perron, Kevin Perron, and Aaron Coates, to the Mendota Heights Fire Department. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 FEASIBILITY HEARING PONDS/ROLLING WOODS Mayor Mertensotto called the meeting to order for the purpose of a feasibility report hearing to consider improvements for the Ponds of Mendota Heights and the Rolling Woods Subdivision. Engineer Klayton Eckles was present and described the properties involved in the project, noting that 43 lots and four property owners were involved. During his presentation, Mr. Eckies noted that the City had requested Mn/DOT approval for a drainage ditch on the east side of Dodd Road in conjunction with the improvement project, but that the approval was not granted. He noted that the staff recommendation was to use the original drainage way, in lieu of a new drainage ditch. The four property owners involved include St. Paul's United Methodist Church, to be assessed $78,000, or $15,650 per lot; the Ratchye's, 1844 Dodd Road, to be assessed $36,000 or $12,000 per lot; the Ponds of Mendota Heights (developer Michael Kurtz), to be assessed $306,000 or $13,900 per lot; and the Rolling Woods subdivision (Floyd Unruh, Donald Mager, developer), to be assessed $180,000, or $13,800 per lot. Mayor Mertensotto asked for questions or Page No. 2357 January 6, 1987 comments from the audience. Mr. Roy LaPean, 620 Callahan Place, stated that he objected to the easement running through his property, and stated that he and his neighbor, Mr. David Rischall, had many concerns with the project and were against it. Mr. William Gydesen, a representative of St. Paul's United Methodist Church, asked a question regarding the Church's assessment and why the figure had gone up from an earlier figure he had received from City staff. He noted that the Church is not objecting to the project at all. Mr. Floyd Unruh, real estate agent for the Rolling Woods Mabdivision asked•if credit had been given for the water being in Dodd Road for Lot 6 of Rolling Woods. Mr. Eckles answered that yes, credit had been given for that lot, as well as for Lot 3. Mr. Michael Kurtz, one of the developers for the Ponds of Mendota Heights, asked questions regarding assessments for water for the six lots along Warrior Drive. - Mrs. Jean Ratchye, 1844 Dodd Road, asked when would be an appropriate time to ask for a deferral on part of her property. Public Works Director Jim Danielson advised her that sometime this fall, prior to October 15, would be the time to ask for an assessment deferral. There being no further questions or comments, Councilmember Cummins moved to close the public hearing at 8:24 o'clock P.M. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 87-02, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE THE PONDS OF MENDOTA HEIGHTS AND ROLLING WOODS AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 9)", subject to a curve on Wesley Lane being installed as shown on the final plat, investigation of options. for installing sanitary sewer along right-of- way, and looking into a looped watermain, rather than long water services for the six Ayes: 5 Nays: 0 MASAC MEETING DISCUSSION Ayes: 5 Nays: 0 Page No. 2358 January 6, 1987 lots along Warrior Drive. Councilmember Cummins seconded the motion. Mr. Bernard Friel, 750 Mohican Lane, the City's representative to the Metropolitan Aircraft Sound Abatement Council, was present to seek Council direction regarding a January 27 MASAC meeting. The January 27 meeting was for the purpose of resolving a corridor dispute between Eagan and Mendota Heights. After a lengthy discussion, Councilmember Witt suggested that this item be removed from the January 27 MASAC agenda and that Eagan and Mendota. Heights try to come to an agreement prior to any MASAC meeting. Mr. Friel agreed that there should be an equitable distribution of air traffic over the corridor as a way of resolving the dispute. Mr. Joseph Maher, who lives north of Mendota Elementary School, complained about the excess air traffic noise over his home and asked where the boundaries of the flight corridor were. Councilmember Cummins •moved to authorize staff to request MASAC to remove this item from their January 27 meeting and to postpone any discussion until their March meeting, while the cities of Eagan and Mendota Heights try to resolve the issue before March. Councilmember Blesener seconded the motion. Mayor Mertensotto suggested that staff contact Eagan officials to advise them of the requested postponement and to set up a procedure to resolve the issue. CASE NO. 86-38, Mr. and Mrs. John George, 1834 Dodd Road, were GEORGE, LOT SPLIT present to request approval of a lot division for Lot 25, Willow Springs Addition. They advised the Council that they were aware of the required $600 park contribution and stated that they planned to construct their new home behind their present home on Dodd Road. Councilmember Cummins moved adoption of Resolution No. 87-03, "RESOLUTION APPROVING THE LOT DIVISION OF LOT 25, WILLOW SPRINGS ADDITION", approving the lot division as Page No. 2359< January 6, 1987 requested. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 DEER TRAIL HILLS Councilmember Hartmann noted that he would FINAL PLAT & PLANS abstain from voting on this matter, as he had & SPECS. a conflict of interest in this case. The Council briefly reviewed the final plat for Deer Trail Hills and asked if a developer's agreement had been signed, and if a park contribution is required for this plat. Developer Lawrence Shaughnessy stated that he would sign a developer's agreement when it was available and that no park contribution is required, since the park contribution matter had been taken care of some years earlier. Councilmember Witt moved adoption of Resolution No. 87 -04, "RESOLUTION APPROVING FINAL PLAT ", approving the final plat for Deer Trail Hills. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Hartmann Councilmember Witt moved adoption of Resolution No. 87 -05, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE DEER TRAIL HILLS (IMPROVEMENT NO. 86, PROJECT NO. 10) ". Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Hartmann MN /DOT AGENCY AGREEMENT Ayes: 5 Nays: 0 Public Works Director Jim Danielson advised the Council that staff recommended that the City enter into an agreement with Mn /DOT which would authorize the State to act as its agent in accepting Federal Aid on behalf of the City for road and bridge construction. Councilmember Hartmann moved the adoption of Resolution No. 87 -06, "MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM NO. III ", authorizing the Mayor and Clerk to execute the Agency Agreement with Mn /DOT on behalf of the City. Councilmember Witt seconded the motion. BUILDER'S AGREEMENT Ayes: 5 Nays: 0 TORO PURCHASE Ayes: 5 Nays: 0 Page No. 2360 January 6, 1987 The Council reviewed a proposed builder - developer agreement concerning construction in the Yorkton Centre Pointe South and Evergreen Knolls 2nd Addition areas. Councilmember Cummins moved approval of the developers agreements for both areas. Mayor Mertensotto felt that the agreements should be expanded so that the developers understand that no occupancy permit will be issued until the utilities are installed, and the developer agrees that it is his responsibility to notify future occupants of this requirement. Councilmember Cummins accepted the friendly amendment. City Attorney Tom Hart suggested adding a clause stating that the developer/builder bind themselves, their partners, successors, assigns and legal representatives to this agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this agreement. Councilmember Cummins accepted this friendly amendment also. Councilmember Hartmann seconded the motion to cover both agreements. Staff recommended the purchase of a Toro groundmaster snowblower and mower for the Public Works Department. Public Works Director Danielson noted that this same purchase cost $4,000 more the previous year. Councilmember Blesener moved approval of the purchase of a Toro Groundmaster mower and snowblower from Langula Hardware for $10,004. Councilmember Witt seconded the motion. STREET LIGHTING The Council briefly discussed a program for PROGRAM street lighting in the business park area. Page No. 2361 January 6, 1987 Public Works Director Danielson noted that the creation of a Special Taxing District would help pay for the installation of the lights. After discussion, Councilmember Cummins moved the adoption of Resolution of Resolution No. 87-07, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR STREET LIGHTING OF BUSINESS PARKS". Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CITY SLOGANS The Council reviewed several City slogans and decided to table action on them until the March meeting. UPDATE ON Mayor Mertensotto noted that Planning COMMISSION Commissioner Stuart Henning was interested in APPOINTMENTS being reappointed, but that Commissioner John Frank would not be seeking reappointment. He also noted that Park Commissioner Mary Jeanne Schneeman is not interested in serving another term, and that Park Chairman Jim Stein is willing to serve until the park bond referendum is settled. He noted that for the present time, two appointments would need to be made for City commissions, one for the Planning Commission and one for the Park Commission. He asked if staff or the Council was aware of any other residents interested in serving on either Commission. Mr. Charles Bangesser, a recent resident in the Copperfield area, was in the audience and expressed an interest in serving on the Planning Commission. Mayor Mertensotto suggested he send a letter of interest to the City for consideration. MISCELLANEOUS The Council acknowledged receipt of a report from Public Works Director Danielson relative to a Corps of Engineers permit not being needed in conjunction with construction of a new city hall on TH 110 and Lexington. ARCHITECTS CONTRACT The Council reviewed a proposed architects contract from Lindberg Pierce for construction of a new city hall. Mayor Mertensotto expressed a preference for writing the contract with a percentage fee, rather than a fixed flat fee. Staff was directed to come back on January 20 MISCELLANEOUS ADJOURN Ayes: 5 Nays: 0 Page No. 2362 January 6, 1987 with an estimated project development cost for construction of a new city hall. Councilmember Hartmann commented on the hole at the end of Miriam and noted that it was now passable. He also questioned the zoning ordinance in relation to the garage being constructed on Delaware and Marie. Councilmember Witt asked about increased sewer costs for this year. Mayor Mertensotto asked to see copies of the monthly billings from any outside billings, as well as seeing a copy of the billings from the attorney's and planner's office. Councilmember Blesener suggested conducting a joint meeting with the Planning Commission to advise them what the Council is seeking from them regarding planning matters. Staff was directed to advise the Planning Commission that a joint meeting would be requested for 7:00 P.M. on February 24, the Planning Commission's regular meeting night. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 9:52 o'clock P.M. 4^4„) idig1/476„ Mary nn DeLaRosa Deputy Clerk ATTEST: Charles E. Mertensotto ( ) Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON JANUARY 6, 1987 Ashnaltic/Concrete Paving License: Daily and Son Blacktopping, Inc. Excavating License: Carl Bolander and Sons Company Commercial Utilities, Inc. Hiltner Plumbing and Heating Kamish and Sons, Inc. Scherff, Inc. T.A. Schmidt and Sons Excavating, Inc. Turf, Inc. Sun Excavating, Inc. Turner Excavating, Inc. Weierke Trenching and Excavating, Inc. Fence Installation License: Dakota Fence of Minnesota, Inc. Gas Piping License: Apollo Heating and Ventilating Corporation A. Binder and Son, Inc. Controlled Air Dakota Plumbing and Heating, Inc. J.K. Heating Company Metropolitan Mechanical Contractors, Inc. Red Rock Heating and Sheet Metal, Inc. Riccar Heating Ron's Mechanical Rouse Mechanical, Inc. Snelling Mechanical, Inc. Thermex Corporation General Contractor's License: Befort Roofing, Inc. Bream Builders, Inc Carlson Automatic Fire Protection Company Dakota Fire Suppression, Inc. Eagan Construction Company, Inc. Fey's Construction, Inc. Fireside Corner, Inc. Homemaster Builders, Inc. General Contractor's Lic. Cont. Jos. E. Johnson and Son Ken's Construction D.J. Kranz Company, Inc. Lovering Associates, Inc. Major/Wood Construction Norcon Company Olympic Pools, Inc. Sunshine Construction Company Tilsen Humes, Inc. Twin City Exteriors Co., Inc. Western States Fire Protection Zimmerman Homes Charles Zwinger, Inc. Specialized Heating and Air Conditioning Lic.: Air Comfort, Inc. Apollo Heating & Ventilating Corp. A. Binder and Son, Inc. Boehm Heating Controlled Air Dependable Heating and Air Cond. Dronen's Heating and Air Cond. Harris Mechanical Contracting Co. Metropolitan Mechanical Cont. Inc. J.K. Heating Company Red Rock Heating and Sheet Metal Ron's Mechanical, Inc. Snelling Mechanical, Inc. Riccar Heating Rouse Mechanical, Inc. Fred Vogt and Company Ray N. Welter Heating Company Masonry License: Andretta Brothers, Concrete & Mas Arcade Concrete Construction Concrete Concepts, Inc. John Erikson Construction Manor Concrete Construction Gresser, Inc. Johnny Masonry, Inc. Rosemount Cement, Inc. Trapp Concrete and Masonry Wayne Concrete