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1983-05-17 Council minutesPage No. 1828 May 17, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 17, 1983 The regular meeting of the Mendota Heights City Council was held on Tuesday, May 17, 1983, in the City Hall Council Chambers, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 8:00 P.M. The following members were present: Mayor Lockwood, Councilman Hartmann and Councilwoman Witt. Councilman Losleben had notified the Council that he would be absent. Councilman Mertensotto had notified the Council that he would be late. CONSENT CALENDAR Ayes: 3 Nays: 0 Councilman Hartmann 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. 1. Acknowledgement of the Fire Department and Treasurer's monthly re- port for April. 2. Acknowledgement of the NDC-4 meeting agenda for May 18th. 3. Acknowledgement of a legislative update from the League of Minnesota Cities Legislative Coordinator. 4. Acknowledgement and acceptance Volunteer Fire Department from 5. Approval of the LIst of Claims $142,509.59. 6. Approval of the List of Licenses, granting licenses to: of a letter of resignation from the Bruce Levine. dated May 17, 1983, and totalling Glenn Rehbein Excavating, Inc. Marvin H. Anderson Const., Co. Determan Welding & Tank Service Dolphin Pool & Patio Hayes Contractors, Inc. Midwest Fence Manufacturing Co. Loop Belden Porter, Inc. Councilwoman Witt seconded the motion. Excavating License General Contractor's License General Contractor's License General Contractor's License General Contractor's License General Contractor's License Heating & Air Conditioning License FIRE DEPART- The Council acknowledged memos from the City Administrator recommending MENT the appointment of Keith Stein and Edward Adrian to the Volunteer Fire Department. Councilwoman Witt moved that Keith Stein and Edward Adrian be appointed to the Volunteer Fire Department. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 Page No. 1829 May 17, 1983 LEADERSHIP The Council acknowledged a letter from the City Administrator TRAINING advising of the need to reschedule the leadership training session which had been scheduled for June 17th. It was the concensus of the Council that the session should be scheduled for all day on June 14th. KRAJNIAK WETLANDS PERMIT The Krajniak wetlands permits/storm sewer easement matter was briefly discussed and tabled for discussion later in the meet- ing pending the arrival of Councilman Mertensotto. PERSONNEL The Couneil acknowledged a memo from Public Works Director Danielson notifying the Council that Rudy Literski has decided to retire from the City Park Leadman position on June 1st. Mr. Danielson discussed and received Council approval of the interim appointment of Terry Blum as acting Park Leadman, the employment of an additional part-time seasonal employee and a shift in re- sponsibilities among the Public Works employees until a new lead person is selected and a new maintenance person is hired. Mayor Lockwood moved the adoption of Resolution No. 83747, "RESOLUTION COMMENDING RUDOLPH T. LITERSKI FOR MUNICIPAL SERVICE". Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 IVY FALLS ADDITION The Council reviewed final plans and specifications for street IMPROVEMENTS surfacing in the Ivy Falls Addition. Councilwoman Witt moved the adoption of Resolution No. 83-48, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTH ORIZING ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF BITUMINOUS STREETS AND APPURTENANCES TO SERVE IVY FALLS ADDITION AND ADJA- CENT AREAS (IMPROVEMENT NO. 79, PROJECT NO. 12)", the bids to be received on June 20th. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 HUBER DRIVE The Council acknowledged and discussed a memo from Engineer Kishel IMPROVEMENTS and final plans and specifications for the upgrading of Huber Drive. Councilman Hartmann moved the adoption of Resolution No. 83-49, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHOR- IZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF HUBER DRIVE BE- TWEEN DELAWARE AVENUE AND THE SOUTH LINE OF THE DELAWARE CROSSING PLAT (IMPROVEMENT NO. 82, PROJECT NO. 8)" the bids to be received on June 20th. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 MISCELLANEOUS Assistant City Attorney Hart reported on the status of the Lily- dale Metro Regional Park Agreement. CASE NO. 83-16, DODD CONSTRUCTION Ayes: 3 Nays: 0 LINVILL ASSOCIATES Ayes: 4 Nays: 0 Page No. 1830 May 17, 1983 Mr. Richard Einck was present to request approval of a variance from the 10 acre property size requirement for P.U.D. to allow a public hearing on an application for a conditional use permit for a planned unit development on 9+ acres of land known as the Kingsley Estates Addition. Mr. Einck stated that if the variance is approved, he will prepare information for a public hearing on his application for a PUD consisting of 24 townhouse units. He stated that the PUD proposal will meet City density requirements. After discussion, Mayor Lockwood moved approval of the application for variance in order to allow a public hearing on an application for conditional use permit. Councilwoman Witt seconded the motion. Councilman Mertensotto arrived at 9:00 o'clock P.M. The Council acknowledged a memo from Financial Advisor Shaughnessy recommending final approval of the Linvill Associates (Pilot Knob Partners) $2,500,000 Industrial Revenue Financing project. Attorney Tom Hart stated that his firm has reviewed the legal documents and finds them to be in order. Councilwoman Witt moved the adoption of Resolution No. 83-50, "RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF COMMERCIAL DEVELOP- MENT REVENUE BONDS TO FINANCE THE PROJECT". Councilman Hartmann seconded the motion. CABLE COMMUNICATIONS The Council acknowledged a letter from the NDC4, along with the COMMISSION Commission's proposed 1983 budget and a porposed resolution authorizing a $2,280 assessment to the City as its share of the Cable Commission budget. Ayes: 4 Nays: 0 KRAJNIAK WETLANDS PERMIT Mayor Lockwood moved the adoption of Resolution No. 83-51, "RESOLUTION APPROVING NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION BUDGET AND AUTHORIZING TRANSFER OF FUNDS", as corrected to delete reference to a finding on the appropriateness of the budget. Councilman Hartmann seconded the motion. Assistant City Attorney Hart reported that the dispute concerning a proposed storm sewer easement over a portion of the property owned by Michael and Debbie Krajniak and located at 535 Marie Avenue, had not as yet been resolved. Mr. Hart noted that Mr. Krajniak had apparently violated the terms of the wetlands permit originally granted to Mr. Krajniak by the City Council in May of 1978 in the (i) the filling of his property was substantially greater than that which was authorized pursuant to the wetlands permit, and (ii) Mr. Krajniak had failed to submit certain infor- mation to the City, required pursuant to the terms of the wetlands permit, concerning the extent, nature and handling of the fill to be deposited on his property. Page No. 1831 May 17, 1983 According to Mr. and Mrs. Noel F. Zaspel, owners of the property adjacent to the Krajniak property and located at 1792 Ridgewood Drive, this excess fill has resulted in a diversion of the water runoff from the Krajniak property onto the rear portion of the Zaspel property. Mr. Hart noted that in October of 1981, the City Council approved the issuance of a second wetlands permit to Mr. Krajniak to include the excess fill, which approval was condi- tioned upon (i) the execution and delivery to the City by the Krajniaks of a storm sewer easement at no cost to the City and (ii) reimbursement of all costs incurred by the City in the pro- cessing of the application. Mr. Hart further noted that, since that time, substantial efforts have been made to negotiate the terms of an appropriate storm sewer easement agreement with Mr. and Mrs. Krajniak, but that the Krajniaks had apparently elected not to grant to the City any such storm sewer easement. The Krajniaks have taken the position that the drainage problems curr- ently being experienced by the Zaspels were not caused by the ex- cess fill, but are instead caused by the discharge of storm water runoff from a nearby culvert which is a part of the City drainage system. The Zaspels disagree, indicating that the level of water runoff onto their property dramatically increased immediately sub- sequent to the performance of the filling work by the Krajniaks. Councilwoman Witt indicated that she was familiar with the area, that the Zaspels were indeed experiencing severe drainage pro- blems, and that she felt such drainage problems were created as a result of the excess fill on the Krajniak property. Mr. Hart reported that, in the event that the City Council elected to take action, several alternatives would be available, including the following: (i) initiating a lawsuit or other action to compel the Krajniaks to remove the excess fill; (ii) condemning a portion of the Krajniak property and performing the required drainage work, with the option of treating the project as a public improvement and assessing the parties benefited by such improvement for the costs thereof; (iii) citing the Krajniaks for violation of the Mendota Heights Wetland Systems Ordinance (Ordinance No. 402); and (iv) performing certain filling or other remedialwork on the Zaspel property. Mrs. Zaspel confirmed that she and her husband are will- ing to grant an appropriate storm sewer easement to the City. After Councilman Mertensotto's arrival, the matter was once again raised. Mr. Russ Wahl appeared on behalf of Debbie Krajniak. Mr. Wahl indicated that a portion of the Zaspel property has been class- ified as wetlands in the past, reiterating the position of the Krajniaks that the fill on the Krajniak property did not cause the problems currently being experienced by the Zaspels. He requested that the Council defer action on the matter until the following Council meeting set for June 7, 1983, in order to allow the Krajniaks an opportunity to resolve the matter amicably. Councilman Mertensotto moved to continue the matter until the June 7th meeting. Mayor Lockwood seconded the motion. PARK COMMISSION MISCELLANEOUS ADJOURN Ayes: 4 Nays: 0 ATTEST: Page No. 1832 May 17, 1983 Park Commission Chairman Bayless reported on Park Commission and Trails Committee activities and the recent Park Commission meet- ing. Councilman Mertensotto reported on the status of a proposed change to a defined contribution method of funding the Fire Relief Assoc- iation. The Council briefly discussed problems created by a temporary con- struction road being used by the contractors for the Visitation Convent construction project. The Council directed the Public Works Director to look into the matter. There being no further business to come before the Council, Council- man Hartmann moved that the meeting be adjourned to 6:30 P.M. on June 7th. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 10:10 o'clock P.M. LrL Robert G. Lockwood Mayor thleen M. Swanson City Clerk