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1983-10-18 Council minutesPage No. 1907 October 18, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 18, 1983 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 the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Mertensotto, Losleben and Witt. APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilman Hartmann moved approval of the October 4th minutes with correction. Councilwoman Witt seconded the motion. Councilman Losleben 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 Minutes of the September 13th Park and Recreation Commission meeting. 2. Acknowledgement of the Engineering Status Report, the Fire Department monthly report and Treasurer's monthly report for September. 3. Approval of the List of Claims dated October 18th, and totalling $213,263.63. 4. Adoption of Resolution No. 83-88, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT ()NPR. NO. 79, PROJECT NO. 12)". 5. Adoption of Resolution No. 83-89, ' AND APPROVING FINAL PAYMENT (IMPR. 6. Adoption of Resolution No. 83-90, ' AND APPROVING FINAL PAYMENT (IMPR. 7 Approval of the List of Licenses, following: Central Air Conditioning & Heating Concrete Design Specialties, Inc. Equipment Supply, Inc. Fredrickson Masonry Marich Construction Co. Mid-Northern Contractors, Inc. Ruud's Roofing Co. Schomaker Construction Co. Superior 77, Inc. 'RESOLUTION ACCEPTING WORK NO. 82, PROJECT NO. 8)". 'RESOLUTION ACCEPTING WORK NO. 82, PROJECT N0.2)". granting licenses to the Gas Piping Concrete License Heating & A/C Concrete License General Contractor General Contractor Roofing License General Contractor General Contractor Ayes: 5 Nays: 0 M & K DEVELOPMENT Ayes: 5 Nays: 0 TARGET STORES Ayes: 5 Nays: 0 MENDOTA HEIGHTS BUSINESS CENTER Ayes: 5 Nays: 0 MN/DOT SIGN Page No. 1908 October 18, 1983 Councilman Hartmann seconded thembtion. The Council acknowledged a memo from City Planner Dahlgren regarding the exterior materials for the M & K development structure proposed to be located at the southwest corner of Pilot Knob Road and 1-494. In his memo, Mr. Dahlgren recommended that the roof color be Riviera Sand and that the exterior siding be either a dark earth tone brown or Riviera Rouge Red color, with siding to be kept narrow, not exceeding four inches to the weather. After a brief discussion, Councilman Hartmann moved that the color scheme for the proposed M & K structure be Riviera Sand roof and dark earth tone, narrow siding, not to exceed four inches to the weather, in accordance with Planner Dahlgren's recommendation. Councilman Losleben seconded the motion. The Council acknowledged a letter from Target Stores and a memo from the Code Enforcement Officer relative to the temporary (nine month) installation of a 71,5 foot by 8 foot metal guard house on the R.L. Johnson warehouse property located at 2360 Pilot Knob Road. Several members of the Council indicated that they had seen the guard house and had no objection to it on a temporary basis, until such time as the applicant can construct a guard house using the materials comparable in quality and appearance to those materials used in the original construction of the main building. After discussion, Mayor Lockwood moved to grant Target Stores request for a temporary, nine month, variance to allow the installation of a 71/2 foot by 8 foot metal guard house on the R.L. Johnson property. Councilman Losleben seconded the motion. The Council acknowledged receipt of a request from United Properties for approval of foundation and grading permits for Phase II of the Mendota Heights Business Center, along with a memo from the Code Enforcement Officer relating to the proposed project. After a brief discussion, Councilman Losleben moved approval of the issuance of foundation and grading permits for Phase II of the Mendota Heights Business Center, conditioned upon adherence to all licensing and permit requirements. Councilman Hartmann seconded the motion. The Council acknowledged receipt of a memo from Councilman Hart- mann relative to the October 4th Council discussion regarding the proposed Mn/DOT Maintenance facility sign and his subsequent meet- ings with Mn/DOT representatives regarding the sign. In his memo, Councilman Hartmann recommended that one of two courses of action be taken: approval of a 20 foot variance from the front yard set- Page No. 1909 October 18, 1983 back requirement to allow the four by eight foot sign mounted on steel breakaway posts (already installed on the site), or approval of the installation of a similar sign mounted at ground level on top of a maximum four foot tall berm, 26 feet from the property line. After discussion, Councilman Losleben moved to grant a 20 foot variance from the front yard setback requirement to allow place- ment of a four by eight foot sign on seven foot breakaway posts at the Mn/DOT facility site on Pilot Knob Road. The motion died for lack of a second. Councilman Mertensotto moved to approve a 14 foot variance to allow the placement of the proposed Mn/DOT facility sign on a maximum four foot high berm, 26 feet from the right-of-way line for Pilot Knob Road. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 1-35E/1-494 The Council acknowledged receipt of a letter from Kermit McRae, Mn/DOT District Engineer, requesting approval of construction plans and special provisions for 1-494 and 35-E in Mendota Heights, specifically for construction of 1-35E through Mendota Heights and 1-494, from TH 55 to one-half mile west of TH 149. Councilman Mertensotto reminded the Council of past discussions between Mn/DOT and the residents on the west side of proposed 1-35E, at which time the Council approved the sound barrier and berming for the westerly side but reserved approvals on the easterly side because there was a conditional use permit application pending from Johnson Brothers to deposit a considerable amount of dirt on the easterly side of 35-E, and one of the recommendations by Johnson's planner was that a sound barrier wall also be installed on the easterly side. He pointed out serious concern over a problem which exists on the easterly side of the freeway, that problem being that the fourth green at Mendakota Country Club lies parallel with the highway and the cart path is only about 15 feet from the right-of-way line. He expressed serious concern that the proximity of the green to the proposed freeway might create considerable safety hazards for motorists, and felt very strongly that a safety wall should be installed as part of the freeway project along several hundred feet of Mendakota property, approximately 10 to 12 feet in height. The Council members also expressed serious concern that no resolution on the issue of the direct connection in St. Paul has yet been made, and Mayor Lockwood felt that some decision over freeway design, i.e., freeway or park- way, through the City of St. Paul, must be made prior to Mendota Heights approval of the plans. Further discussion on the matter was postponed until at least the November 1st meeting, and the Public Works Director was directed to request that Mn/DOT representatives be present for the next discussion on freeway plans. Staff was also directed to invite representatives of the Mendakota Country Club to be present when Mn/DOT appears at the Council to resolve the issue of Page No. 1910 October 18, 1983 tlje safety wall. PARK AND RECREATION Park Commission member Mary Jeanne Schneeman was present. Mrs. Schneeman indicated her desire as an individual, for the install- ation of tennis court backboards, drinking fountains, and basketball hoops at various City parks. CITY OFFICE SPACE PERSONNEL Ayes: 5 Nays: 0 MISCELLANEOUS MISCELLANEOUS LEGAL MATTERS The Council acknowledged a memo from Administrator Johnson relative to renewal of the lease for City Administration, Engin- eering and Police department office space. There were several questions from the Council regarding the length of term of the original lease, proposed term for the new lease, and the need for a study to determine how long term of a lease the City should enter into. As a result of the discussion, Council directed the Administrator to meet with representatives of the DCR Corporation to get some idea of potential contract terms and conditions. The Council acknowledged and briefly discussed a proposed resolution which would allow Kevin Frazell to be excluded from the Public Employees Retirement Association. After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 83-91, "RESOLUTION APPROVING THE ELECTION OF KEVIN D. FRA2ELL TO BE EXCLUDED FROM THE PUBLIC EMPLOYEE'S RETIREMENT ASSOCIATION". Councilman Hartmann seconded the motion. Councilman Hartmann asked whether the City staff has made any effort to find out costs of emergency services provided by agencies other than Divine Redeemer, Smith-Martin ambulance and others. He asked that staff find out what is available and expressed his dissatisfaction with continued subsidization of the Divine Redeemer service. He felt that the City should become aware of the costs of competition and have knowledge of whether or not the City is getting its moneys worth. Administrator Johnson indicated that he would contact several ambulance services in the area and other communities regarding their ambulance servicing. He was also requested by Councilman Losleben to obtain a copy of the Health Department report on the Smith-Martin ambulance system. Mayor Lockwood advised the Council of a letter he had received relative to a citizen's commission to review MWCC charges. Administrator Johnson was directed to respond to the letter. Assistant City Attorney Tom Hart gave the Council an update on the Freischel assessment appeal and the Krajniak legal matter. He indicated, with reference to the Krajniaks that his office will pursue default judgement. Mr. Hart reviewed various potential terms of an agreement with Mr. Herb Warnke relative to a Life Estate as part of the fire BID AWARD Ayes : 5 Nays: 0 Page No. 1911 October 18, 1983 station site acquisition process. The Council concurred with Mr. Hart's recommendations relative to tenant payment of real estate taxes on the portion of property set aside for residential use, among other matters. Mr. Hart was directed to determine.whether the City had been reimbursed for the costs of the review of the Supreme Court decisior in the': VanLandschoot litigation matter. City Engineer Kishel reviewed bids received for construction of the Kingsley Estates improvement project and recomended that a bid be awarded to the low bidder, M & M Sewer and Water, Inc. After a brief discussion, Councilman Hartmann moved the adoption of Resolution No. 83-93,"RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATERMAINS, AND STORM SEWER IMPROVEMENTS TO SERVE KINGSLEY ESTATES PLANNED UNIT DEVELOPMENT (IMPROVEMENT NO. 83, PROJECT NO. 5)", awarding the bid to M & M Sewer and Water, Inc., for their low bid of $80,519.60. Mayor Lockwood seconded the motion. MENDOTA HEIGHTS ROAD Public Works Director Danielson reviewed his proposed Resolution recommending that the Council adopt a resolution to request a variance from the State Aid standard 46 foot width for Mendota Heights Road, to reduce the width to 44 feet. Ayes: 5 Nays: 0 SIGNAL UPGRADING Ayes.: 5 Nays: 0 Mayor Lockwood moved the adoption of Resolution No. 83-92, "RESOLUTION REQUESTING A VARIANCE TO THE MSA STANDARDS FOR MENDOTA HEIGHTS ROAD (DODD ROAD TO DELAWARE A1ENUE)". Councilwoman Witt seconded the motion. Public Works Director Danielson advised the Council that current signal upgrading construction at Highway 110 and TH 149 is being funded entirely by Mn/DOT, however, the upgrading of signals at TH 110 and Delaware and TH 110 and Lexington must be financed in part by the City and County. He indicated that MSA plans have been prepared for the signal upgrading project and that the City would then be reimbursed via MSA funding for all costs involved. He recommended that the Council authorize the Mayor to execute necessary documents for the project funding. After a brief discussion, Councilman Losleben moved to authorize the Mayor to execute any necessary documents for MSA reimbursement for the signal upgrading at TH 110 and Lexington Avenue and TH 110 and Delaware Avenue. Councilwoman Witt seconded the motion. MISCELLANEOUS The Council acknowledged receipt of the quarterly financial statements. PERSONNEL AIRPORT NOISE COMMITTEE ADJOURN Ayes: 5 Nays: 0 Page No. 1912 October 18, 1983 The Council acknowledged and briefly discussed a memo from the City Clerk regarding and recommending a salary increase for the Accounting Clerk. Councilman Mertensotto stated that he believed the action taken on October 4th was unfair because it did not involve all employees and that this employee should be given similar treatment. He stated that he would like to see all non-union employees not addressed in the October 4th action to receive retroactivity to July 1st, after salary determinations as a result of the position classification plan. Councilman Hartmann stated that the position classification plan and salary study should be prepared as soon as possible so that the salaries can be implemented on January 1st. No action was taken on the matter. Councilman Losleben indicated that his time schedule does not allow his attendance at most of the airport noise committee meetings and asked that he be replaced on the committee. It was the concensus of the Council that Councilman Losleben's resignation be accepted and that Councilwoman Witt be named as his replacement. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilman Losleben seconded the motion. TIME OF ADJOURNMENT: 9:34 o'clock P.M. athleen M. Swanson City Clerk ATTEST: /rd/ „fa-cLut-eL Robert G. Lockwood Mayor