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1984-06-05 Council minutesPage No. 2035 June 5, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 5, 1984 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 City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Acting Mayor ing members Hartmann and ADOPTION OF AGENDA Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Mertensotto called the meeting to order at 7:30 o'clock P.M. The follow- were present: Acting Mayor Mertensotto, Councilmembers Blesener, Witt. Mayor Lockwood had notified the Council that he would be absent. CONSENT CALENDAR Councilwoman Witt moved the adoption of the agenda for the meeting. Councilman Hartmann seconded the motion. Councilman Hartmann moved approval of the minutes of the May 22nd meeting. Councilwoman Blesener seconded the motion. Councilwoman Blesener moved approval of the minutes of the May 29th meeting. Councilwoman Witt seconded the motion. Councilman Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authoriZatia7Tor execution of all necessary documents contained therein. a. Acknowledgement of the Code Enforcement monthly report for May. b. Acknowledgement of the minutes of the May 8th Park and Recreation Commission meeting. c. Acknowledgement of the minutes of the May 22nd Planning Commission meeting. d. Acknowledgement of the minutes of the April 25th, May 2nd and May 9th NDC-4 meetings. e. Approval of the List of Claims dated June 5, 1984 and totalling $151,033.22. Page No. 2036 June 5, 1984 f. Approval of the list of contractor licenses, granting licenses to: Daytons Bluff Sheet Metal, Inc. Gopher State Fence Company Duane Herman Houle Construction Merle's Construction Company Quality Pools Ripco Construction Roof-Tech Schulties Plumbing, Inc. Streeter Construction Varco Contracting Jim Wermerskirchen Councilwoman Witt seconded the motion. Heating/Air Cond. License Fence Erecting License Excavating License General Contractor License General Contractor License General Contractor License General Contractor License Roofing License Excavating License General Contractor License General Contractor License Masonry License Ayes: 4 Nays: 0 FIRE DEPARTMENT The Council acknowledged and discussed a memo from City Administrator Frazell relative to initiation of proceedings for the removal of the Fire Chief from office and appointment of an acting fire chief and assistant chief. Acting Mayor Mertensotto reviewed past discussions regarding replacement of Fire Department officers for the audience. He informed the audience that Council adopted a resolution on May 29th directing the Administrator to notify the Fire Chief that unless a letter of resignation was received by June 5th, to be effective on September 30th, the removal process would be commenced. Acting City Administrator James Danielson advised the Council that Chief Noack had not submitted the letter by the time the Council meeting started. After discussion, Councilwoman Witt moved that a public hearing on removal of the Fire Chief be called for 7:45 P.M., June 19, 1984, that Fire Chief Noack be placed on suspension with pay from the position of Fire Chief effective June 6, 1984 through the time of public hearing, and that Bill Lerbs be appointed Acting Fire Chief and John Mackzo be appointed Acting Assistant Fire Chief pending a decision on final removal. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 CONSTRUCTION NOISE Mr. Bernard Friel was present to request the Council to adopt an ordinance restricting the hours of highway construction. The Council acknowledged a letter from Mr. Friel along with a memo from the City Administrator and excerpts from the Minneapolis City ordinance on noise. Mr. Friel presented the Council with a resolution from the Friendly Hills Civic Association supporting adoption of a noise ordinance. Mr. Friel stated that the freeway construction noise is considerably irritating in the Friendly Page No. 2037 June 5, 1984 area, that last year construction noise occurred from 6:00 A.M. to midnight, and that this year the subcontractor has recently operated chainsaws during weekends, clearing trees from the right- of-way. He noted that many cities have adopted legislation on noise and that he sees no reason why the construction work cannot be limited to normal work days and hours. He felt the contractor should enlarge his work force in order to so limit the construction. Mr. Doug MacArthur, Mn/DOT resident engineer, stated that Mn/DOT has a contract underway with Johnson Brothers and that it is expected that the contractor will have to work long hours in order to complete the contract on time. He indicated that Mn/DOT hopes to reopen TH 149 this fall and complete 1-494 from I-35E to TH 149 by the fall of 1985. He stated that if the contractor does not work long hours it is unlikely that the schedule can be met. He pointed out that the contract contains a penalty clause for late completion and that when the contractor bid the project there were no noise regulations in effect. Mr. Jack McCrary, Vice President of Johnson Brothers Construction, stated that his firm has scheduled double shifts on Monday through Friday, from 6:00 A.M. to 11:30 P.M., for July through September in order to complete construction on schedule. He indicated that double shifts might also be necessary for two to three months in 1985. He informed the Council and audience that if the firm could not operate double shifts his firm would realize poor utilization of equipment, increased labor and equipment costs, and that the construction period could be extended by a year. In response to a question from Acting Mayor Mertensotto, Mr. McCrary stated that his firm has worked in Minneapolis under the City's noise ordinance and that Minneapolis permits double shifts if the basic criteria on noise is followed. Councilwoman Witt pointed out that the Minneapolis ordinance permits double shifts if the noise level is appropriate. Mr. Friel responded that that approach might be desirable but that the City does not have noise monitoring equipment and could not enforce similar ordinance provisions. Mr. McCrary stated that the City of Eagan was not in a position to enforce its noise level regulations during the last construction season, but the Pollution Control Agency measured noise levels for Eagan using the PCA's monitoring equipment. He stated that he would be happy to provide a decibel meter to the City. He also pointed out that jackhammers are not operated during the second shift, nor would any piledriving, bridge construction or underground utility work be done on the double shift. Acting Mayor Mertensotto stated that the people living within close proximity to the construction bear the brunt of the problem, Page No. 2038 June 5, 1984 both noise and dust. He stated that there should be some way to control the functions of the contractor, particularly the construction noise levels. He asked whether the contractor would be willing to meet with City staff to come to a written understanding over acceptable second shift operations. Staff was directed to meet with representatives of Johnson Brothers Construction to develop a written agreement on what second shift operations will be acceptable to the City, and further directed staff to compile a comprehensive noise ordinance for future Council consideration. Mr. Dale Glewwe, 735 Blue Gentian Road, stated that completion of construction according to Mn/DOT's schedule is of primary concern to residents in his area. He asked that he be given copies of the agreement when it is drafted and also any noise regulations. Acting Mayor Mertensotto stated that it is not the Council's intent to interfere with the completion schedule, but that it is the Council's desire to control objectionable noise after hours, not just as it relates to freeway construction but rather a broad, general noise ordinance. The Council directed that copies of the agreement which will be developed with Johnson Brothers as well as draft noise regulations be submitted to Mr. Glewwe and Mr. Friel. WATERMAIN The Council acknowledged a memo from the City Engineer regarding a EXTENSION request from a property owner on Wagon Wheel Trail that a hydrant adjacent to his driveway be lowered. Public Works Director Danielson stated that the hydrant was installed during construction of the bridge over I-35E and that elevations were established to meet anticipated future curb and boulevard elevations. The property owner, Mr. Richard Bebel, 1011 Wagon Wheel, originally asked that the hydrant be moved as well as lowered. Mr. Danielson stated that the hydrant could be lowered as requested for an estimated cost of $800 to $1,000. Acting Mayor Mertensotto stated that he would like to see the matter tabled until after the study on City conversion to wholesale water is completed. He noted that if the City takes over the water system in the future, costs to lower the hydrant would be reduced to perhaps one-third of the $800 to $1,000 estimated for St. Paul Water to do the work. The Council directed Public Works Director Danielson to advise Mr. Bebel that the request would more appropriately be addressed after completion of the wholesale water study. Mr. Danielson was further directed to request a study completion timetable from Short-Elliot-Hendrickson. COMPUTER ACQUISITION Page No. 2039 June 5, 1984 The Council acknowledged and discussed a memo from the City Clerk requesting authorization to purchase an IBM Personal Computer. After discussion, Councilman Hartmann moved to authorize an expenditure of a maximum of $4,016.60 for the acquisition of an IBM Personal Computer system from Tele-Terminals, system configuration to be in accordance with the system proposal dated May 11, 1984, exclusive of the Quad Fazer 16K Print Buffer, the expenditure to be charged against the 1984 Administration Department Contingency account. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 CLEAN-UP The Council acknowledged and discussed a memo from the Public Works ORDINANCE Director recommending that the existing spring clean-up ordinance be rescinded because it is unenforceable. Councilman Hartmann moved the adoption of Ordinance No. 207, "AN ORDINANCE REPEALING ORDINANCE NO. 1003." Councilwoman Blesener seconded the motion. Ayes: 4 Nays: 0 It was the concensus of the Council that the City's nuisance Ordinance, Ordinance No. 901, should be reviewed by staff for updating needs. TARGET GUARDHOUSE The Council acknowledged a memo from the Code Enforcement Officer relative to an application from Target for a building permit to re-side the aluminum guardhouse located at 2360 Pilot Knob Road. Mr. Derrick Hall, Target Security Supervisor, was present for the discussion. Mr. Hall stated that the application was submitted because the firm was originally granted a nine-month variance for the existing structure and was directed to submit plans for making the structure compatible with the principal structure prior to expiration of the variance. Councilwoman Blesener stated that she has seen the existing structure, that it is not very visible and that she does not find it objectionable. She suggested that the exterior treatment proposed, 8 by 16 inch pieces of redwood, could deteriorate quickly and the structure could become an "eyesore." She stated that in the original discussions on the structure, it was the concern of the Planning Commission that the structure blend in with the principal structure and she did not feel that the concern was valid any longer. After discussion, Councilwoman Blesener moved that the matter be remanded to the Planning Commission for recommendation. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 DOWNTOWN TASK FORCE VISITATION DRIVE Ayes: 4 Nays: 0 MN/DOT AGREEMENT Ayes: 4 Nays: 0 ( ) MEED EMPLOYEE Page No. 2040 July 5, 1984 The Council acknowledged and discussed a "downtown task force" status report prepared by the City Administrator. Acting Mayor Mertensotto suggested that any Council members desiring to suggest nominees for "at-large" appointment to the task force contact the City Clerk so that she may prepare a list of nominations for Council review on June 19th. The Council concurred in the recommendation and also directed the City Clerk to contact those residents who had applied for the vacant Council position to see if any of them might be interested in appointment to the task force. It was the concensus of the Council that Councilwoman Blesener be appointed to serve as the Council representative on the "downtown task force." The Council acknowledged a memo from the Public Works Director relative to a request from Visitation Convent that the street which is to be constructed by Mn/DOT to provide access to the school, and which will be dedicated by Mn/DOT to the City in the future, be named Visitation Drive at the time the City accepts the street. Councilwoman Blesener moved that designated right-of-way which will serve Visitation School be named Visitation Drive. Councilwoman Witt seconded the motion. The Council acknowledged a memo from the Public Works Director recommending that the Council authorize execution of an agreement with Mn/DOT establishing a schedule of payments for installation of trunk watermain and MSA construction on Mendota Heights Road by Mn/DOT on behalf of the City. Councilman Hartmann moved the adoption of Resolution No. 84-32, "RESOLUTION APPROVING SUPPLEMENT NO. 1 TO AGREEMENT NO. 61825 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND AUTHORIZING EXECUTION BY THE MAYOR AND CITY ADMINISTRATOR." Councilwoman Witt seconded the motion. The Council acknowledged a memo from the Public Works Director relative to the City's MEED program employee's request that the City provide a $2.00 per hour supplement to the compensation he receives from the County under the program. Mr. Danielson stated that the employee is hard-working and does a good job, and that because he is on staff temporarily through the program, the City will not need to hire temporary engineering help this summer. MEETING CHANGE Page No. 2041 June 5, 1984 Acting Mayor Mertensotto stated that the City has no obligation to supplement the wage and should not take any action which might encourage the employee to believe the position might become permanent. Councilwoman Witt moved to authorize a maximum S1,600 expenditure to supplement the MEED employee's wage by $2.00 per hour. The motion died for lack of a second. Councilwoman Witt moved to invoke the provisions of Section 14 of Ordinance No. 102, temporarily suspending Section 1 of the Council rules and procedures ordinance to provide for postponement of the regularly scheduled July 3rd meeting to 7:30 P.M. on July 10th. Councilwoman Blesener seconded the motion. Ayes: 4 Nays: 0 MASTER CONTROLLER The Council acknowledged a memo from the Public Works Director recommending adoption of a resolution to authorize City financial participation, via M.S.A. funding, for traffic control signal system upgrading and a master controller at T.H. 110 and Delaware Avenue. Ayes: 4 Nays: 0 AIRPORT NOISE MISCELLANEOUS Councilman Hartmann moved the adoption of Resolution No. 84-33, "RESOLUTION AUTHORIZING APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO STATE PROJECT NO. 1918-86 (M.S.A. PROJECT NO. 140-020-03)." Councilwoman Witt seconded the motion. The Council received a complaint on increased air traffic and aircraft noise over the Friendly Hills area. The Council agreed that traffic over the southern portions of the City has increased, and directed the City Clerk to submit a written request to the F.A.A. control tower director for answers as to why traffic has increased and, in particular, why flights are being directed to turn to a heading of 105 on departure from the airport. Councilman Hartmann informed the Council of several calls he had received complaining about the condition of Fremont Avenue. The Council acknowledged the poor street condition and directed staff to prepare an informal report and recommendation. Page No. 2042 June 5, 1984 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: 4 Nays: 0 TIME OF ADJOURNMENT: 9:20 o'clock P.M. een M City Clerk ATTEST: C.E. Mertensotto Acting Mayor Swanson