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1985-02-12 Council minutesPage No. 2201 February 12, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Adjourned Meeting Held Tuesday, February 12, 1985 Pursuant to due call and notice thereof, the adjourned 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. Acting Mayor Witt called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Witt, Councilmembers Blesener, Cummins and Hartmann. Mayor Lockwood had notified the Council that he would be out of town. AGENDA ADOPTION Ayes: 4 Nays: 0 PROCLAMATION COMMENDATION Ayes: 4 Nays: 0 Councilmember Hartmann moved adoption of the agenda for the meeting. Councilmember Cummins seconded the motion. Acting Mayor Witt proclaimed the month of February, 1985 to be Henry Sibley Community Scholarship Program month. Acting Mayor Witt read the Proclamation for the audience and presented the Proclamation document to Mr. Leo Amundson who was present to represent the School. Acting Mayor Witt read for the audience a proposed resolution commending David Zemke for his service to the community as member and Chairman of the City's Cable Advisory Commission and as Chairman of the Northern Dakota Cable Communications Commission. Councilmember Cummins moved the adoption of Resolution No. 85-08, "RESOLUTION COMMENDING DAVID H. ZEMKE FOR VOLUNTEER SERVICE." Councilmember Hartmann seconded the motion. Acting Mayor Witt presented the Resolution to 1 Mr. Zemke. CONDOLENCE RESOLUTION Councilmember Hartmann moved the adoption of Resolution No. 85-09, "RESOLUTION EXPRESSING RESPECT AND CONDOLENCE," expressing the Council's sympathy on the recent death of City Engineer Edward Kishel. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Councilmember Cummins moved approval of the minutes of the January 15th meeting. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Page No. 2202 February 12, 1985 Councilmember Hartmann moved adoption of the minutes of the January 29th meeting with correction. Councilmember Blesener seconded the motion. Councilmember Blesener moved approval of the minutes of the February 5th meeting. Acting Mayor Witt seconded the motion. Ayes: 4 Nays: 0 CONSENT Councilmember Cummins 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. Acknowledgement of the minutes of the January 22nd Planning Commission meeting. b. Acknowledgement of the Code Enforcement monthly report for January. c. Acknowledgement of a letter from the St. Paul Water Department regarding the 1985 water rate increase. d. Acknowledgement of a letter from Mn/DOT indicating that Mn/DOT will conduct a speed survey on Mendota Heights Road from T.H. 149 to Lexington Avenue and on Marie Avenue between T.H. 149 and Trail Road in response to City requests. e. Acknowledgement of a memo from the City Engineer regarding Cherry Hills Second Addition drainage. f. Acknowledgement of a notice from the State regarding the City's 1985 Industrial Development Bond allocation. g. Acknowledgement of a memo from the Public Works Director in response to complaints over potentially hazardous conditions at the intersection of I-35E and T.H. 110. h. Acknowledgement of the Treasurer's monthly report for January. i. Acknowledgement of the minutes of the January 8th Park and Recreation Commission meeting. j. Approval of the list of claims dated February 5, 1985 and totalling $175,502.55. k. Approval of the list of contractor licenses, granting: Ayes: 4 Nays: 0 PUBLIC COMMENTS Page No. 2203 February 12, 1985 Gas Piping Licenses to: Paul Falz Company Rouse Mechanical Farmers Heating Domestic Mechanical Heating and Air Conditioning Licenses to: Domestic. Mechanical Rouse Mechanical Paul Falz Company Horwitz, Inc. Arneson Heating Service Company Sign Erecting Licenses to: Nordquist Sign Company Midway Sign Company, Inc. Masonry License to E.L. Bulach Construction Company, Inc. General Contractor Licenses to: Linden Hills Carpentry Zimmerman Homes Adolfson and Peterson, Inc. Valley Investments Kraus-Anderson Construction Company Bjorklund Construction Company Determan Weldman and Tank Service, Inc. Plastering/Stucco License to Taping, Inc. Excavating License to: Commercial Utilities Eagan Excavating Company Councilmember Blesener seconded the motion. Mr. Mike Cardinal, who indicated that he represents a large group of residents of the Lexington Heights Apartment complex, stated that his group would like to appear before the Council to express complaints about safety problems and other concerns. The Council directed that Mr. Cardinal meet with the City Administrator to review the concerns and that the matter be scheduled on a future agenda. HEARING -- NORTHWESTERN Acting Mayor Witt called the meeting to order for BELL CONDITIONAL USE the purpose of a public hearing on an application PERMIT, CASE NO. 85-01 from Northwestern Bell Telephone Company for a conditional use permit to construct an essential service structure on a residential lot along with associated requests for lot division and variance approvals. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Page No. 2204 February 12, 1985 Mr. Robert Dokken, representing Northwestern Bell, stated that the firm has been looking for sites for a structure to house equipment to expand the capacity of its feeder cables. He stated that the company is looking at two sites in the City, one location being in a leased facility at Mendota Heights Road and Pilot Knob Road, and the other located at the corner of Lexington Avenue and Cullen Avenue. He pointed out that the building location proposed in the site plan discussed at the Planning Commission hearing has been changed in an attempt to completely screen the building from the Kurth lot. He indicated that the building's exterior surface will be brick and that there will be no curbing since there is no other curbing in the area. Mr. Dokken indicated that the facility must be located approximately at the center of the area to be served and must be located close to the cable, which is located in Lexington Avenue. Acting Mayor Witt asked for questions and comments from the audience. Mr. Dennis Kurth, 1096 Cullen, stated that he does not feel that the structure should be placed in a residential area. He informed the Council that he is negotiating for the purchase'of a lot across the street from the proposed site and that if he were to purchase the lot and build his home on it, the facility would be directly across from the home. Mrs. Virginia Flo, 2170 South Lexington, stated that she is in favor of the proposal. She informed the Council that the phone company proposes to purchase a portion of her property on which to locate the facility. After discussion, Councilmember Hartmann moved that the hearing be closed at 8:12 P.M. Councilmember Cummins seconded the motion. Councilmember Cummins moved the adoption of Resolution No. 85-10, "RESOLUTION APPROVING THE SUBDIVISION OF THE NORTH 85 FEET OF THE SOUTH 430.00 FEET OF THE WEST 330.00 FEET OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 26, TOWNSHIP 28 NORTH RANGE 23 WEST, DAKOTA COUNTY, MINNESOTA. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved the adoption of Resolution No. 85-11, "RESOLUTION APPROVING VARIANCES AND CONDITIONAL USE PERMIT FOR NORTHWESTERN BELL TELEPHONE COMPANY," based on Ayes: 4 Nays: 0 CASE N0. 85-3, KREY Ayes: 4 Nays: 0 LEXINGTON AVENUE BICYCLE TRAIL Ayes: 4 Nays: 0 BASKETBALL/VOLLEYBALL COURTS Page No. 2205 February 12, 1985 conditions stipulated in the resolution and with the condition that a landscaping plan be submitted to City staff for approval. Acting Mayor Witt seconded the motion. Mr. James Krey was present to request approval of the combination and division of three lots located on Chippewa Avenue, two with 40 feet of frontage and one with 54 feet, 6 inches of frontage, Lots 1,2 and 3, Block 3, C.D. Pierce Addition into two lots. The two new lots would have 120 feet of depth: one would be 66 feet wide and the other 68 feet, 6 inches wide. Mr. Krey indicated that a home currently exists on one of the proposed lots and that he proposes to construct a new home on the other. Councilmember Cummins moved approval of the preliminary plat as proposed subject to submission of a site survey prepared by a registered surveyor. Councilmember Hartmann seconded the motion. The Council acknowledged and briefly discussed a memo from the Public Works Director regarding the proposed Lexington Avenue bicycle trail. Councilmember Blesener moved to of plans and specifications for Lexington Avenue portion of the trail system. Councilmember Hartmann seconded order preparation completion of the City's backbone the motion. Park Commission member Mary Jeanne Schneeman was present to discuss park and recreation matters. She stated that she strongly believes that the neigh- borhood parks would be better used if they included more recreation facilities for all ages. She felt that the Commission believes that volleyball courts should be constructed in two of the parks and that five basketball courts should be constructed in 1985. She indicated however that consideration on construction of the courts should be delayed until the recreation questionnaire (to be included in the next City newsletter) responses are received and analyzed. Action on the matter was tabled pending review of the results of the recreation survey. CURLEY ADDITION TRAIL Ayes: 4 Nays: 0 TRAIL SYSTEM - ROGER'S LAKE Page No. 2206 February 12, 1985 Councilmember Hartmann moved the adoption of Resolution No. 85-12, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND DIRECTING STAFF TO NEGOTIATE WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRAIL RIGHT OF WAY," relative to construction of the Curley Addition bike trail. Councilmember Blesener seconded the motion. The Council acknowledged and discussed a memo from City Engineer Kishel relative to negotiating with Mn/DOT for the acquisition of right-of-way between I-35E and Roger's Lake for trail system construction. Councilmember Blesener stated that she believes the City should consider constructing a walking trail all around the lake. After discussion, Councilmember Blesener moved adoption of Resolution No. 85-1a, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND DIRECTING STAFF TO NEGOTIATE WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRAIL RIGHT OF WAY." Acting Mayor Witt seconded the motion. Ayes: 4 Nays: 0 NORTHLAND DRIVE Public Works Director Danielson reviewed the City EXTENSION Engineer's report on the extension of Northland Drive. He stated that G & L Properties has petitioned for a street extension on the east side of T.H. 55 to provide access to their property at the southeast quadrant of Mendota Heights Road and T.H. 55. He explained that by acquiring approximately one-half acre of excess right-of-way area from Mn/DOT it would be possible to construct a cul-de-sac extension of Northland Drive. He recommended that negotiations for acquiring the right-of-way be authorized. Councilmember Blesener asked why G & L does not buy the property and develop a private roadway rather than the City acquiring the property for public right-of-way. She stated that she does not like the idea of City construction of a small stub street coming off of a highway. Mr. Danielson stated that private acquisition of the land and development of an access would be ideal if the property to be served were in single ownership. He stated that staff is recommending that the City acquire the land for an easement which could be vacated if not needed in the future. Ayes: 4 Nays: 0 M.S.A. CONSTRUCTION Ayes: 4 Nays: 0 SQUAD CARS Ayes: 4 Nays: 0 COMMISSION APPOINTMENTS Ayes: 4 Nays: 0 Page No. 2207 February 12, 1985 The future access could then be provided if needed. He explained that since the property is currently owned by Mn/DOT, there would be no cost to the City for acquisition and that if a street is built it would be assessed. He indicated that street construction would result in a full intersection at T.H. 55 with an at-grade crossing but that signals would not be requested unless they became warranted in the future. Councilmember Hartmann moved the adoption of Resolution No. 85-14, "RESOLUTION ACCEPTING PETITION AND ORDERING THE ACQUISITION FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION OF CERTAIN EXCESS RIGHT OF WAY TO CONSTRUCT THE EXTENSION OF NORTHLAND DRIVE EAST OF STATE TRUNK HIGHWAY NO. 55." Councilmember Blesener seconded the motion. Councilmember Blesener moved the adoption of Resolution No. 85-15', "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF MENDOTA HEIGHTS ROAD BETWEEN LEXINGTON AVENUE AND TRUNK HIGHWAY 55 (IMPROVEMENT NO. 85, PROJECT NO. 6)." Councilmember Cummins seconded the motion. The Council acknowledged a tabulation of bids received for two squad cars for 1985. Councilmember Blesener moved to award the bid for 1985 Police Department squad cars to Thane Hawkins Chevrolet for two 1985 Impalas at the bid price of $11,344 each and to authorize the Police Chief to issue purchase orders for the vehicles. Councilmember Cummins seconded the motion. Acting Mayor Witt moved that Jerry Morson be reappointed to a three-year term on the Planning Commission, that Mrs. Dorothy McMonigal be appointed to the Planning Commission, that Alan Singer and Michael Williams be reappointed to three"- year terms on the Park and Recreation Commission and that Mr. Robert Leffert be appointed to serve the remainder of the unexpired Park and Recreation Commission term vacated by Mrs. McMonigal (January 31, 1986 expiration). Councilmember Cummins seconded the motion. M.A.C. COMMITTEE Ayes: 4 Nays: 0 FIRE STATION RENTAL Ayes: 4 Nays: 0 CONTRACTOR LICENSES Ayes: 4 Nays: 0 Page No. 2208 February 12, 1985 Councilmember Hartmann moved that Charles Mertensotto be appointing as a continuing City representative on the MAC/City Joint Disposition Committee. Acting Mayor Witt seconded the motion. CouncilurBlesener moved to approve the rental of two bays and adjoining office in the old fire station to Lindal Cedar Homes in the amount of $140.00 per month, under terms and conditions similar to those imposed on other lessees. Councilmember Hartmann seconded the motion. The Council acknowledged a memo from the City Administrator regarding the process for revocation of contractor licenses which was prepared in response to January 15th Council direction. Councilmember Cummins moved approval of the issuance of an excavating contractor license to Ralph's Plumbing. Councilmember Hartmann seconded the motion. Councilmember Cummins stated that while there has been some concern expressed by residents in the past over work done by Ralph's Plumbing he did not feel the concerns are substantial enough to warrant revocation. He informed the Council that he has talked to a number of homeowners in the Delaware Crossing area (which is being developed by MnFSL) and that five of those residents have made a commitment to appear before the Council to air their concerns about MnFSL. He indicated that those homeowners would like the Council to call a formal hearing over revocation of the MnFSL general contractor license so that they may express their concerns to the Council. He asked that the Council call for a hearing to be conducted on March 5th and that consideration of license renewal be suspended (rather than granting approval) until the hearing is conducted. Administrator Frazell stated that since the firm has been licensed for several years, the firm could have reason to expect license renewal. He recommended that Council grant the license renewal and give the contractor the required 20 day notice that a hearing on license suspension or revocation Ayes: 4 Nays: 0 KRAJNIAK SETTLEMENT Ayes: 4 Nays: 0 TRANSPORT DRIVE/ FURLONG ADDITION UTILITY EXTENSION Page No. 2209 February 12, 1985 will be conducted. Assistant City Attorney Tom Hart briefly reviewed Ordinance provisions and also recommended that the license be approved and that the contractor should be notified that the Council has received complaints which will be investigated and if found that good cause exists the license will be suspended or revoked. After discussion, Councilmember Cummins moved to approve the issuance of a general contractor license to MnFSL and to direct staff to provide twenty day notice to MnFSL that a hearing will be conducted to consider revocation of the license based on complaints received from a number of Delaware Crossing homeowners. Councilmember Hartmann seconded the motion. The Council acknowledged a letter from Mr. David Pearson setting forth the terms of an out-of-court settlement negotiated with Michael Krajniak's attorney for the granting of a drainage easement to the City. After discussion, Councilman Hartmann moved to accept the settlement as proposed by Attorney Pearson as stipulated in his January 24, 1985 letter to Mr. Patrick A. Farrell. Acting Mayor Witt seconded the motion. The Council acknowledged and discussed a memo from City Engineer Kishel regarding proposed development of Lots 2 and 3, Block 1, Mendota Heights Industrial Park and the need for City extension of utilities from their terminus at Transport Drive to the railroad tracks (over Lots 2 and 3) to provide for future extension to the Furlong Addition. Public Works Director reviewed the report and informed the Council that initial costs for the proposed utility extensions are proposed to be financed by the Tax Increment District, and reimbursed to the District at the time T.H. 55/Furlong Addition public utilities are installed. After brief discussion, Councilmember Hartmann moved adoption of Resolution No. 85-I6, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, STORM SEWERS AND WATERMAINS TO SERVE S.T.H. 55 CORRIDOR/FURLONG ADDITION AND ADJACENT AREAS ( Ayes: 4 Nays: 0 HOME BEAUTY SHOP Ayes: 4 Nays: 0 LABOR NEGOTIATIONS REVENUE SHARING NLC CONFERENCE Ayes: 4 Nays: 0 MISCELLANEOUS Page No. 2210 February 12, 1985 (IMPROVEMENT NO. 85, PROJECT NO. 2A)." Acting Mayor Witt seconded the motion. In response to a request from Mrs. Elizabeth Mulcahy, 670 Second Avenue, for renewal of approval of a home beauty shop operation, Councilmember Hartmann moved to approve the beauty shop operation in perpetuity until such time as a complaint on the operation is received. Councilmember Blesener seconded the motion. The Council acknowledged and concurred in a recommendation from the City Administrator that membership in the St. Paul Employers' Association and use of its labor negotiation services be dropped. The Council acknowledged a memo from the City Administrator regarding President Reagan's proposal for elimination of General Revenue Sharing and a proposed resolution encouraging continuation of the program. Councilmember Cummins stated that he would oppose the resolution adoption on the basis that elimination of the program is a reasonable step toward reducing the federal deficit. He felt that the City should be willing to make its contri- bution to deficit reduction. After discussion, staff was directed to prepare a resolution to be directed to Senators Boschwitz and Durenberger encouraging their opposition to S.318 (legislation which supports General Revenue Sharing continuation) and stating that the City is doing its part in reducing the federal deficit -- the Federal Government should also. Councilmember Hartmann moved to authorize the City Administrator to attend the March 23-26th National League of Cities Conference in lieu of attendance of the annual I.C.M.A. Conference. Councilmember Blesener seconded the motion. Staff was directed to research Council salary history information and provide the Council with information on Council salaries in other communities. fl ADJOURN Ayes: 4 Nays: 0 Attest: Page No. 2211 February 12, 1985 There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Cummins seconded the motion. TIME OF ADJOURNMENT: 9:41 o'clock P.M. Eliz eth A. Witt Acting Mayor : Ct K hleen M. Swanson ity Clerk