1983-01-18 Council minutesPage No. 1771
January 18, 1983
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, January 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 P.M. The following
members were present: Mayor Lockwood, Councilman Hartmann, Mertensotto, and
Losleben. Councilwoman Witt had notified the Council that she would be late.
APPROVAL OF
MINUTES
Ayes: 4
Nays: 0
CONSENT CALENDAR
Councilman Hartmann moved approval of the minutes of the
January 4th meeting.
Mayor Lockwood seconded the motion.
Mayor Lockwood moved approval of the consent calendar,
as submitted and recommended for approval as part of the
regular agenda, along with authorization for the execution
of all necessary documents contained therein.
1. Acknowledgement of the minutes of the December 15th NDC4
meeting.
2. Acknowledgement of the Engineering Status report, Treasurer's
report, and Fire Department report for December.
3. Approval of the List of Claims/dated January 18, 1983, and
totalling $182,504.34.
4. Approval of the issuance of Cigarette Sales licenses to
DVM, Inc. and Mendakota Country Club.
5. Approval of the issuance of a Fire Arm Sales license to
South End Guns and Reloading (Kent McDonough).
6. Approval of the list of contractor licenses, granting
licenses to:
Ace Blacktop, Inc.
Pine Bend Paving, Inc.
E.L. Bulach Const. Co., Inc.
Jesco, Inc.
Robert H. Licha
Suburban Cement Construction.
Charles Zwinger, Inc.
Berghorst Plumbing & Heating
E & H Earthmovers, Inc.
Hubbell Excavating
Rayco Excavating
Asphaltic/Concrete Paving
Asphaltic/Concrete Paving
Concrete License
Concrete License
Concrete License
Concrete License
Concrete License
Excavating License
Excavating License
Excavating License
Excavating License
Ayes: 4
Nays: 0
COMMISSION
APPOINTMENTS
FIRE EQUIPMENT
Page No. 1772
January 18, 1983
A. Binder & Son, Inc.
Cronstroms Htg. & Air Condt.
Genz-Ryan
MAC Htg. & Air Condt.
Rouse Mechanical, Inc.
The Snelling Company
Twin City Furnace Co.
Gas Supply, Inc.
Hearth & Home
John-David Contracting, Inc.
Jos. E.Johnson & Son, Inc.
Krause-Anderson Const. Co.
LandTech Corporation
Don Miller Construction
MN FSL Corporation
Retsye Industries, Inc.
Sapletal Construction
Southview Design & Const.
Tilsen Homes, Inc.
Vickerman Cons. Co.
Allan Htg. & Air Condt., Inc.
Earl Arneson, Jr. Htg. & A/C
A. Binder & Son, Inc.
Bostrom Sheet Metal Works, Inc.
Cedar Valley Htg. & Air Condt.
Cronstroms Htg. & Air Condt.
Egan & Sons Company
The Snelling Company
Twin City Furnace Co.
Clyde J. Housley
Mel Koppen
Bruette Roofing
Nordquist Sign Company, Inc.
Gas Piping
Gas Piping
Gas Piping
Gas Piping
Gas Piping
Gas Piping
Gas Piping
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
Heating & Air Condt.
Heating & Air Condt.
Heating & Air Condt.
Heating & Air Condt.
Heating & Air Condt.
Heating & Air Condt.
Heating & Air Condt.
Heating & Air Condt.
Heating & Air Condt.
Plastering/Stucco
Plastering/ Stucco
Roofing License
Sign Erecting
Councilman Losleben seconded the motion.
Mayor Lockwood advised the Council members that he has had
no contact with the Planning Commission members whose terms
will expire on January 31, that he would recommend Dorothy
McMonigal to be reappointed to the Park Commission, and
that Park Commission member Gary Gustafson has indicated that
he would not be interested in reappointment to the Park
Commission. Mayor Lockwood asked members of the Council to
submit names for appointment to the two commissions.
The Council acknowledged and discussed a memo from Fire
Marshall Gene Lange requesting authorization for the rebuilding
of fire pumper No. 2286 (Squrt). It was noted that the
estimated $2500 rebuilding cost would include the removal of
two booster line reels&replacement of those reels with pre-
connected hose lays, along with incidental remodeling in the
body of the pumper to accommodate the changes.
After a brief discussion, Councilman Mertensotto moved to
Page No. 1773
January 18, 1983
authorize the Fire Department to expend $2500 for repair and
remodeling of pumper No. 2286, the expenditure should be made
through the Equipment Certificate fund.
Councilman Hartmann seconded the motion.
Ayes: 4
Nays: 0
LEGISLATIVE CONFERENCE City Administrator Johnson recommended that the Council appoint
a voting delegate to the LMC Legislative meeting to be held
on January 26.
Ayes: 4
Nays: 0
HEARING-LINVILL
ASSOCIATES INDUSTRIAL
REVENUE FINANCING
Councilman Mertensotto moved that Councilwoman Witt be desig-
nated as the City's voting delegate to the League of Minnesota
Cities Legislative Conference, and that City Clerk Swanson be
appointed as alternate delegate.
Councilman Hartmann seconded the motion.
Mayor Lockwood called the meeting to order for the purpose of
a public hearing on a proposal by Linvill Associates for a
commercial facility development project.
Mr. Ralph Linvill, representing Linvill Associates, advised
the Council that he proposes to construct an office/warehouse
structure on a site located on the west side of Pilot Knob
Road, south of Mendota Heights Road, and northeasterly of the
Cray Research facility. He gave the Council background infor-
mation on his firm and showed pictures of various facilities
which he had constructed for a similar use. Mr. Linvill
advised that most of the renters of his other facilities are
small, technology oriented firms. He estimated that approx-
imately 220 people would be employed in the facility. Mr.
Linvill showed the Council a "footprint" of the building, and
indicated that soil borings and a topographic survey had been
completed and that the structure is now in architecture. He
stated that the proposed structure will front on Pilot Knob
Road and will be finished on all sides, perhaps with break-off
block or break-off block and stucco or decorator block. The
project is proposed to consist of 40% office space and 60%
warehouse space. He advised thatthere will be no retail sales
out of the structure and that he and his firm, and clients, will
not ask for any variances to allow retail at any time in the
future.
Mr. Linvill responded that at this point he is not sure what
the total project cost will be but he indicated thsf the last
structure his firm constructed was $500,000 over estimate.
He advised that he is asking for the 2.75 million dollars so
that he does not need to come back at a future date and request
an amendment for additional financing.
In response to .a question from Councilman Mertensotto, Treasurer
Shaughnessy advised that the application is for mortgage type
note financing, that it meets all the City's guidelines, and
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
HEARING-IMPROVEMENT
NO. 82, PRJECT NO. 2,
MAC/ACACIA PARK PROJ-
JECT
Page No. 1774
January 18, 1983
that with the use of mortgage note financing, the lender will
protect both itself and the City. He indicated that he had
encouraged the applicant to request an amount high enough so
that a second issue would not be necessary in the future.
Councilwoman Witt arrived at 8:17 P.M.
Mayor Lockwood asked for questions and comments from the audiencE
There being no questions or comments from the audience,
Councilman Losleben moved that the hearing be closed at 8:20
P.M.
Councilman Hartmann seconded the motion.
Councilman Mertensotto moved the adoption of Resolution No.
83-05, "RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO
THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF ENERGY,
PLANNING AND DEVELOPMENT IN THE STATE OF MINNESOTA AND
AUTHORIZING PREPARATION OF THE NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT."
Mayor Lockwood seconded the motion.
Mayor Lockwood opened the meeting for the purpose of a public
hearing on proposed construction of public improvements to serve
the MAC/Acacia Park Cemetery area.
Public Works Director Danielson gave the Council and audience
a brief history of the proposed project. He stated that the
project would include extension of public utilities to serve
the Mn/DOT Garage in the westerly part of the City, off of
Pilot Knob Road below Acacia Park Cemetery, and the MAC
property. He advised that the project was petitioned by Mn/DOT.
He described the area which would receive the public improve-
ments, along with a description of the route that the sanitary
sewer main lines would follow. He further advised that the
LeMay Avenue right-of-way shown on the feasibility study
drawings will be dedicated by Mn/DOT and will be paved, with
concrete curb. and gutter, as part of the improvement project.
He further advised that the streets and the storm sewer system
would be constructed only to serve the Mn/DOT facility. He
stated that the assessments which will accrue to the Mn/DOT
property will be recommended to be assessed, but that staff
would recommend that the section of utility improvements from
the railroad crossing through the MAC area be deferred
because the development plan has not been prepared and approved
yet.
City Engineer Kishel pointed out that tonight's hearing is to
consider the feasibility of the project, that the assessment
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
RECESS
FEASIBILITY/
ASSESSMENT HEARING,
I-35E WATERMAIN
CROSSINGS, IMPROVEMENT
NO. 81, PROJECT N0. 2,
& IMPROVEMENT NO. 81,
PROJECT N0. 3
Page No. 1775
January 18, 1983
hearing, if the project is ordered in, will probably be
conducted sometime next summer. The Council was advised
that the estimated cost of the proposed project is
$440,500.
Mayor Lockwood asked for questions and comments from the audience
Mr. Wayne Murphy, Mn/DOT Maintenance Engineer, advised that the
Mn/DOT facility is in its final stages of completion and
should be done by February 15th. He advised that Mn/DOT
would like to occupy the structure as soon as possible.
There being no other questions or comments from the audience,
Councilman Mertensotto moved that the hearing be closed at
8:38 P.M.
Councilman Hartmann seconded the motion.
Councilman Mertensotto moved the adoption of Resolution No.
83-06, "RESOLUTION AUTHORIZING PREPARATION OF PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF SANITARY SEWER, WATERMAIN,
STREET AND STORM SEWER IMPROVEMENTS TO SERVE THE ACACIA PARK/
METROPOLITAN AIRPORTS COMMISSION PROPERTY AND ADJACENT AREAS,
(IMPROVEMENT NO. 82, PROJECT NO. 2)".
Councilman Hartmann seconded the motion.
The Council directed attorney Tom Hart to research the question
of whether a notice of intent to assess the Perron property,
which is in the process of tax forfeiture, must be filed with
the County.
Mayor Lockwood called for a recess at 8:42 P.M. The meeting
was reconvened at 8:47 P.M.
Mayor Lockwood opened the meeting for the purpose of a combined
feasibility and assessment hearing on proposed construction of
watermain crossings at Wagon Wheel Trail and Mendota Heights
Road across I-35E.
Public Works Director Danielson explained that the hearing is
to consider the feasibility of constructing watermain crossings
in the vicinity of Mendota Heights Road and Wagon Wheel Trail
and I-35E, together with the assessment hearing for the
proposed Wagon Wheel Trail project. Mr. Danielson gave a
brief history of the projects, indicating that the projects
were initiated via Council in order to complete planned
water system looping. Mr. Danielson indicated that the Mendota
Heights Road crossing is estimated to cost $113,770, and that
there are no assessable properties abutting the improvements.
He advised that the Wagon Wheel Trail project is estimated to
cost $64,000 and would affect five private properties. Mr.
Danielson stated that it is proposed to finance the Mendota
Heights Road crossing through the Water Revenue Fund and to
support a portion of the cost of the Wagon Wheel Trail project
Page No. 1776
January 18, 1983
from the Water Revenue Fund. He stated that staff proposes
that an average watermain rate, calculated by averaging per
foot rates assessed over the past three years, of $18.00 per
front foot, be that portion of the water cost which would be
assessed to the abutting property owners. It is proposed
that the balance of the project cost be borne by the Water
Revenue Fund.
Mr. Danielson stated that if the Wagon Wheel Trail project is
approved and constructed that the assessments be levied over
a 19 year period at 10% interest on the unpaid balance. He
advised the audience that the proposed assessment roll had
been distributed at the last City Council meeting, and further
advised the Council that copies of the proposed assessment
roll had been sent to each of the affected property owners.
Mayor Lockwood asked for questions and comments from the audience
Mr. Dick Bebel, 1011 Wagon Wheel Trail, asked why the entire
Mendota Heights Road project is proposed to be borne by the
Water Revenue Fund when only a portion of the Wagon Wheel
Trail project is to be treated in this manner. He also asked
why the watermain was not completelyconstructed along Wagon
Wheel Trail at the time portions of the system were constructed.
He felt that he would be receiving no benefit from the system
since he has a well, and does not feel that he should have to
pay approximately $4,000 in assessments for the watermain.
He suggested that if the City wants the watermain extension,
a larger share of the cost should be borne by the City and
that the affected property owners should not be assessed so high.
In response to a question from Mr. Bebel, Public Works Director
Danielson stated that the water services would be installed
by the St. Paul Water Department as requested, and are
anticipated to cost approximately $2,000 each, in addition to
the proposed assessment.
Mrs. Donna Anderson, 994 Wagon Wheel Trail, stated that at the
time they purchased their home, the prior owner advised them
that the water line was installed at the same time the sewer
was connected. She asked whether the cost for installing the
service would be less than $2,000 considering the fact that
the pipe had already been laid.
City Engineer Kishel reminded the Council and audience that the
hearing is being conducted to consider both the feasibility of
the project and the proposed assessment roll. He asked that
the Council approve of the feasibility of the projects and order
plans and specifications so that preparation of the material
can begin. After considerable Council discussion, Councilman
Mertensotto moved to continue the assessment portion of the
Wagon Wheel Trail water crossing hearing to March 15th.
Councilwoman Witt seconded the motion.
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
PARK COMMISSION
TUMINELLY'S HUNTER
LANE ADDITION
Page No. 1777
January 18, 1983
Councilman Losleben moved to close the feasibility hearings
on both the Wagon Wheel Trail and Mendota Heights Road
watermain crossing proposed projects.
Councilwoman Witt seconded the motion.
Councilman Losleben moved the adoption of Resolution No.
83-07,'"RESOLUTION AUTHORIZING PREPARATION OF FINAL PLANS
AND SPECIFICATIONS FOR MENDOTA HEIGHES ROAD WATERMAIN CROSSING
AT I-35E, (IMPROVEMENT NO. 81, PROJECT NO. 3)".
Councilman Hartmann seconded the motion.
Park Commission Chairman Tom Bayless reported on Commission
activities and advised the Council that the trails committee
has again become active. He responded to Council questions on
skating rink flooding and maintenance and on the status of the
Birch agreement negotiations.
Commission member Bob Doffing advised the Council on Trail
Committee activities. He advised that the Committee has had
only one formal meeting but that the February 8th Commission
meeting will be dedicated to the Trails Committee and he
invited Council members to attend. He advised the Council
that the Committee would like to take advantage of some of the
trail facilities around Mendota Heights and feels that the
Lilydale Park being planned by Ramsey County would be a good
place to extend a trail into Mendota Heights. He showed the
Council several pictures of the ValleyPark area and of trails
which have been constructed in Eagan.
Mr. Carmen Tuminelly was present to request approval of the
final plat for Tuminelly's Hunter Lane Addition. Mayor Lockwood
pointed out that the plat indicates only a 25 foot right-of-way
for Tuminelly's Hunter Court, rather than the 30 feet shown on
the preliminary plat and discussed whan the preliminary plat
was approved.
Mr. Tuminelly stated that during the preliminary plat discussion,
he had talked about dedicating half of a 50 foot road. He
stated that the cul-de-sac bubble has been increased and he
felt that a 25 foot right-of-way would be appropriate. He
stated that if 30 feet were required, the natural berm on
the land would be jeopardized, and that at the earlier dis-
cussion, he had definitely talked about the right-of-way
being used as a private road until adjacent property develops.
Councilman Mertensotto pointed out that the Council had insisted
on dedication of the right-of-way in concert with the platting.
Mr. Tuminelly stated thathe will dedicate the right-of-way
to the City and that he has signed a developer's agreement
which will be recorded at the County. He pointed out that
maintenance of the right-of-way will be taken care of by the
homeowner's association.
Ayes: 5
Nays: 0
FEASIBILITY STUDY
Page No. 1778
January 18, 1983
The Council pointed out that the proposed street name is too
lengthy for a street sign, and Mr. Tuminelly advised that
the plat is in error and will be corrected to read "Hunter
Court".
After discussion, Councilman Losleben moved the adoption of
Resolution No. 83-08, "RESOLUTION APPROVING FINAL PLAT FOR
TUMINELLY'S HUNTER LANE ADDITION," conditioned upon a plat
correction on the street name and the conditions stated in
the developer's agreement.
Councilwoman Witt seconded the motion.
Public Works Director Danielson advised that Mr. Tuminelly
has petitioned for public utilities to serve the Tuminelly's
Hunter Lane Addition and asked for authorization to proceed
with the study preparation.
Mayor Lockwood moved the adoption of Resolution No. 83-09,
"RESOLUTION ACCEPTING PETITION AND AUTHORIZING PREPARATION OF
REPORT ON IMPROVEMENTS TO SERVE TUMINELLY'S HUNTER LANE ADDITION,
Ayes: 5 subject to receipt of the required engineering escrow.
Nays: 0 Councilman Hartmann seconded the motion,
COMMUNICATIONS The Council acknowledged receipt of a letter from State Repres-
entatives McKasy and Seaberg inviting Council suggestions for
potential legislation along with a listing of Legislative
Committee Assignments for the House of Representatives. The
Council also acknowledged receipt of a LMC Legislative
Conference agenda.
CABLE COMMISSION
MISCELLANEOUS
Councilwoman Witt reported on NDC4 activities. Attorney Tom
Hart reported on a recent meeting of city attorneys represent-
ing the communities involved in NDC4.
Councilman Losleben asked whether anything could be done to
discourage snowmobiling on the School District property and
advised the Council of a letter he had received from Mr. Paul
Rhein relative to a lost owner's duplicate certificate of title.
ZONING ORDINANCE The Council acknowledged a memo and final draft of a proposed
AMENDMENTS ordinance to amend Sections 4 and 18 of the Zoning Ordinance.
Ayes: 5
Nays: 0
I/I STUDY
Councilman Mertensotto moved the adoption of Ordinance No. 198,
"AN ORDINANCE AMENDING ORDINANCE NO. 401".
Councilman Hartmann seconded the motion.
The Council acknowledged and discussed a memo from the Public
Works Director regarding final payment to SEH for the Infil-
tration/Inflow Study costs and the status of federal and state
matching grant payments. In response to the memo, the Council
directed staff to inform SEH to advise the Council and to receive
Council approval before proceeding with any work in response
to requests from the MPCA, MWCC or other agencies relative
to the I/I study.
FINANCING
ADJOURN
Ayes: 5
Nays: 0
ATTEST:
Page No. 1779
January 18, 1983
The Council acknowledged receipt of the year-end revenue
statement for 1982, along with a memo from Treasurer
Shaughnessy regarding the City's year-end financial
position and the potential for issuance of tax anti-
cipation certificates. The Council directed Mr. Shaughnessy
to complete the preparation necessary for issuance of the
certificates.
There being no further business to come before the Council,
Councilwoman Witt moved that the meeting be adjourned.
Councilman Hartmann seconded the motion.
TIME OF ADJOURNMENT: 11:16 o'clock P.M.
Rt
sreg„,-L
Robert G. Lockwood
Mayor
)
K thleen M. Swanson
ity Clerk