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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