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1983-02-01 Council minutesPage No. 1780 February 1, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 1, 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, Councilmen Mertensotto and Hartmann. Councilman Losleben and CounciIwomanWitt had notified the Council that they would be late. APPROVAL OF MINUTES Ayes: 3 Nays: 0 CONSENT CALENDAR Ayes:3 Nays:0 Councilman Hartmann moved approval of the minutes of the January 18th meeting as corrected. Mayor Lockwood seconded the motion. Councilman Mertensotto 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 October 12, 1982 and January 11, 1983 Park Commission meetings. 2. Acknowledgement of the Code Enforcment monthly report for January. 3. Acknowledgement February 2nd ag 4. Approval of the Gas and Towing. 5. Approval of the to: of the NDC-4 January 5th minutes and enda. issuance of a Cigarette License to Fischer's list of contractor licenses, granting licenses H.W. Cook & Sons Mon-Sons Inc. F.M. Frattalone Excavating & Grading Stocker Excavating Co. American Burner Service Arneson Heating Service Co. Boehm Heating Company Hinding Co., Inc. Gentry Construction & Development, Inc. Hanson Homes, Inc. J.H.L. Construction American Burner Service Boehm Heating Co. Hinding Co., Inc. Concrete License Concrete License Excavating License Excavating License Gas Piping License Gas Piping License Gas Piping License Gas Piping License General Contractor's License General Contractor's License General Contractor's License Heating & Air Conditioning License Heating & Air Conditioning License Heating & Air Conditioning License Councilman Hartmann seconded the motion. I-35E NOISEWALL Page No. 1781 February 1, 1983 The Council acknowledged a letter from Mr. Lawrence Erb, Mn/DOT Noise and Air Quality Supervisor, regarding installation of a noise wall and mound along the west side of I-35E between Wagon Wheel Trail and TH 110. Mr. Erb, present for the discussion, stated that he met with the property owners in the vicinity of the proposed wall on December 2nd to explain the proposal and received only one objection. He pointed out that Mn/DOT must get approvals from all affected property owners before construction can commence and will work with the residents. Mr. Erb reviewed a plan of the combination treated wood noise wall and earth mounding proposal, and answered several Council questions. After discussion, Mayor Lockwood moved the adoption of Resolution No. 83-10, "RESOLUTION REQUESTING NOISE ABATEMENT WALL". Ayes: 3 Councilman Mertensotto seconded the motion. Nays: 0 COMMISSION Mayor Lockwood moved that Cameron Kruse, Joseph Stefani and APPOINTMENTS William Burke be reappointed to three year terms on the Planning Commission. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 MISCELLANEOUS Discussion on appointments to the Park and Recreation Commission was tabled to February 15th. Mr. William Strub was present to request approval of a variance to allow consideration of an application for a P.U.D. on a parcel containing less than 10 acres. Mr. Strub briefly reviewed his proposed development plan for the construction of a condominium office complex on 5± acres of land located on TH 13. He pointed out that he will not request any change in density. He stated that NSP is the only property owner within 350 feet of the site and that the development will affect no property owners other than NSP. Councilman Losleben arrived at 8:12 o'clock P.M. Administrator Johnson stated that a commercial PUD would allow innovative design work with no change in the density or use allowed in the Zoning Ordinance. After discussion, Councilman Mertensotto moved to approve the application for a variance from the ten acre PUD site require- ment under the B-1 Zoning District regulations and density requirement. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 Abstain: 1, Losleben UNITED PROPERTIES Mr. Boyd Stofer and Mr. Mark Cella, from United Properties, were present to request the Council to establish a public hearing to consider the United Properties application for a $5 million Industrial Revenue Financing Project. Mr. Stofer briefly reviewed Ayes: 4 Nays: 0 AIRPORT SAFETY ZONES Ayes: 5 Nays: 0 DOWNTOWN MENDOTA HEIGHTS Page 1782 February 1, 1983 the proposed office/warehouse development project proposed to be constructed on an 8.25 acre site in the Mendota Heights Industrial Park. Financial Advisor Shaughnessy explained the proposed financing method and recommended establishment of the hearing. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 83-11, "RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING," the hearing to be conducted on March 1st. Councilwoman Witt arrived at 8:35 o'clock P.M. Mr. John Shardlow was present to review his memo regarding the status of the airport safety zoning process and JointAirport Safety Zoning Board meetings. He stated that the Board believes that the length of the safety zones as established by the Mn/DOT Division of Aeronautics is too strict and that the total length of the safety zones (Zone A and B) should be established at 8,000 feet. He advised the Council that Mn/DOT has suggested that the safety zones could be terminated at the right-of-way of proposed T.H. 13. He believed, however, that based on pilot testimony to the Board, that the bluffline should be the A zone limitation. Mr. Shardlow advised the Council that there are two courses of action which may be followed in order to reduce the length of the safety zones: adoption of special legislation by the State Legislature or an administrative change in the rules by Mn/DOT. Since the Mn/DOT administrative amendment could take as long as a year, he recommended that the Council direct that special legislation be drafted to establish the bluffline as the end of the A zone. After discussion, Councilman Mertensotto moved that, based on Planner Shardlow's report, the City Council direct staff to implement the mechanics necessary for special legislation by contacting the City's legislative representatives to initiate legislation to amend the proposed airport safety zones. Mayor Lockwood seconded the motion. City Planner Howard Dahlgren was present to discuss the status of the Downtown Mendota Heights study. Mr. Dahlgren presented and reviewed several drawings of the study area and responded to questions and comments from the Council. He reviewed several potential schemes for the design and location of T.H.149 and emphasized the fact that the highway questions must be resolved before the study can be fully developed. FIRE DEPARTMENT Ayes: 5 Nays: 0 Page No. 1783 February 1, 1983 The Council acknowledged a letter from Assistant Fire Chief Dale Peterson notifying the Council of his intent to retire from the Department on January 21st, along with a letter from the Assistant Chief to the Administrator advising that he retired as Assistant Chief on December 31, 1982. The Council also acknowledged a written recommendation from the City Administrator that Fire Marshal Lange be appointed Assistant Chief effective on January 1st. Councilman Mertensotto felt that Assistant Chief Peterson should be allowed to act as Assistant Chief until his retirement from the Department and that appointment of a replacement should not be made retroactively. After discussion, Councilman Losleben moved that Fire Marshal Eugene Lange be appointed Assistant Fire Chief effective on February 1st with full remuneration as Assistant Chief. Councilwoman Witt seconded the motion. COMMENDATION The Council acknowledged a letter from the St. Anthony Fire Chief coumending Fire Captain Marc Connolly for his assistance during an emergency medical call. ORDINANCE City Attorney Winthrop stated that an ordinance amendment adopted AMENDMENT in 1979 to rezone a parcel of land on T.H. 13 (Strub property) from B-1A to B-1 was incorrectly prepared, the end result being an enacted ordinance which retained the original zoning rather than the B-1 designation. He distributed copies of a proposed resolution and ordinance to correct the ordinance to reflect the Council's intended action. Ayes: 5 Nays: 0 Mayor Lockwood moved the adoption of Resolution No. 83-12, "RESOLUTION CORRECTING ORDINANCE NO. 164. Councilman Losleben seconded the motion. Councilman Losleben moved the adoption of Ordinance No. 199, "ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 PIPE LINE Public Works Director Danielson advised the Council of the need AGREEMENT to enter into an agreement to cross under the Milwaukee Railroad tracks in order to construct water and sewer lines near the Country Club Market warehouse as part of the MAC project. He noted that execution of the agreement would commit the City to a $1650 payment in consideration of the right to cross the tracks. Councilwoman Witt moved adoption of Resolution No. 83-13, "RESOLUTION APPROVING PIPE LINE AGREEMENT TO CONSTRUCT WATER AND SEWER LINES ACROSS THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 IVY FALLS FIRST ADDITION Ayes: 5 Nays: 0 STREET IMPROVEMENT POLICY WATERMAIN ASSESSMENTS HOME BEAUTY SHOP Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LABOR NEGOTIATIONS Page No. 1784 February 1, 1983 The Council acknowledged and briefly discussed a feasibility report relative to bituminous street maintenance in the Ivy Falls First Addition area. It was the concensus of the Council that copies of the study should be sumitted to representatives of the homeowners' association prior to establishment of a hearing, and Mayor Lockwood volunteered to contact the association representativeE Councilman Mertensotto moved that the matter be directed to Mayor Lockwood's attention and that further discussion be tabled to March 1st. Councilman Hartmann seconded the motion. The Council acknowledged receipt of a proposed resolution relating to establishment of a street improvement policy. Public Works Director Danielson informed the Council of a recent staff meeting wherein the proposed assessments for the Wagon Wheel Trail/I-35E watermain crossing project were discussed. He stated that the general concensus of the staff members, for several reasons including apprehension over future collection of totally deferred assessments, was to recommend that the properties involved be assessed for 100 feet of frontage at the proposed rate and that the balance of each assessment be deferred. The Council expressed its general agreement with the recommendation. Mayor Lockwood moved that Mrs. Elizabeth Mulcahy be granted a one-year renewal on her request to continue operating a home beauty shop at 670 - 2nd Avenue. Councilwoman Witt seconded the motion. Mayor Lockwood moved approval of the list of claims dated February 1, 1983 and totalling $190,828.99. Councilwoman Witt seconded the motion. The Council received and discussed a memo from the City Administrator relative to the status of negotiations on the police labor agreement. Administrator Johnson stated that the recent mediation resulted in a 6.6% (6% wage increase, $20/month insurance contribution increase) demand. He asked for direction from the Council on whether to waiver from the 6% total increase stance. After considerable discussion, Mayor Lockwood moved to confirm the offer of 6.6% to the Police Department for 1983. The motion died for lack of second. Page 1785 February 1, 1983 ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:55 o'clock P.M. K hleen ity Clerk ATTEST: 40erti--04_ Robert G. Lockwood Mayor anson