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1984-12-04 Council minutesPage No. 2153 December 4, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 4, 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. Mayor Lockwood called the meeting to order at 7:40 o'clock P.M. The following members were present: Mayor Lockwood, Council Members Blesener, Hartmann, Mertensotto and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 Councilwoman Witt moved adoption of the agenda for the meeting, including items contained in the add-on agenda. Councilman Hartmann seconded the motion. APPROVAL OF MINUTES Councilman Hartmann moved approval of the minutes of the October 2nd meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ELECTION CANVASS Ayes: 5 Nays: 0 Mayor Lockwood moved approval of the minutes of the October 16th meeting with corrections. Councilwoman Blesener seconded the motion. Councilman Hartmann moved to accept and approve the summary statement of the November 21, 1984 recount of City Council Election returns. Councilwoman Witt seconded the motion. Mayor Lockwood moved that the City Council, acting in its capacity as Election Canvassing Board, certify the following as the correct results of the November 6th City Council election: Candidate Page No. 2154 December 4, 1984 Pct. 1 Pct. 2 Pct. 3 Pct. 4 Total Janet Blesener 739 497 533 834 2603 Carl (Buzz) Cummins 599 636 451 725 2411 Charles E. Mertensotto 615 573 453 742 2383 Write -Ins C. Lerman 0 0 1 0 1 D. Gove 0 0 0 1 1 Undervotes 659 520 418 684 2281 Overvotes 2 2 0 4 8 Precinct Totals 2614 2228 1856 2990 9688 Ayes: 5 Nays: 0 CONSENT CALENDAR Councilman Hartmann seconded the motion. Councilwoman Witt moved approval of the consent calendar as submitted and recommended for approval as part of the meeting agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of minutes of the November 23rd Planning Commission meeting. b. Adoption of Resolution No. 84 -79, " RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR SANITARY SEWER, STORM SEWER AND WATER SERVICE TRENCH IMPROVEMENTS TO SERVE LOT H,CLAPP - THOMSSEN IVY HILLS 2ND ADDITION (IMPROVEMENT NO. 84, PROJECT NO. 3). c. Acknowledgement of the Code Enforcement monthly report for November. d. Acknowledgement of a letter from Mn /DOT regarding the speed limit on T.H. 110 along with direction that a letter be forwarded to Mn /DOT. e. Acknowledgement of a letter from Mn /DOT regarding a complaint on traffic signal operation at T.H. 110 and Lexington Avenue. f. Approval of the List of Claims dated December 4, 1984 and totalling $101,402.84. Ayes: 5 Nays: 0 CASE NO. 84-25, RUSH Ayes: 5 Nays: 0 Page No. 2155 December 4, 1984 g. Acknowledgement of a letter from the City of Eagan regarding a meeting on aircraft noise. h. Approval of the list of contractor licenses, granting licenses to: Astro Masonry B & J Construction B.O.Z. Concrete Construction Bolduc Construction Co., Inc. Bor-Son Building Corporation Crawford-Merz Construction Co. Gen-Erik Htg. and Cooling, Inc. Gen-Erik Htg. and Cooling, Inc. J and F Excavating Lennox Builders, Inc. McQuillan Brothers Plumbing Bruce Nelson Plumbing & Heating Bruce Nelson Plumbing & Heating Lauren E. Nelson Rayco Construction S and W Builders, Inc. Masonry License General Contractor License Masonry License General Contractor License General Contractor License General Contractor License Gas Piping License Htg. & Air Cond. License Excavating License General Contractor License Gas Piping License Htg. & Air Cond. License Gas Piping License General Contractor License General Contractor License General Contractor License Councilman Hartmann seconded the motion. Mr. and Mrs. Warren Rush were present to request approval of a wetlands permit to allow construction of a residence on Lot 3, Willow Springs Addition, 57 feet from a drainageway rather than 100 feet as is required by the Wetlands Ordinance. Several Council members were concerned over the potential for a wet basement. Public Works Director Danielson stated that he believes all potential problems have been addressed, that the proposed grades are such that drainage should be towards the street and should have no impact on the creek, neighboring properties or the basement. He also stated that a drainage easement has been prepared and submitted to the Rushes for execution. After discussion, Councilman Hartmann moved that the public hearing requirement be waived and that the wetlands permit, including a 43 foot variance from the wetlands setback requirement be granted based on the plot plan dated November 20, 1984, conditioned upon receipt of the executed drainage easment. Councilwoman Blesener seconded the motion. CASE NO. 84-21, GRAPPENDORF Page No. 2156 December 4, 1984 Mr. Floyd Unruh, representing Eveline Grappendorf, was present to request approval of a preliminary plat for the subdivision of property located on the west side of Delaware Avenue north of Ridgewood Drive. Mr. Unruh explained that a new proposed plat has been prepared since the Planning Commission meeting. The new plan reflects the Commission recommendation that the land be platted into three parcels: two outlots and one lot which is already developed. He explained that the developed lot consists of approximately one and one-third acres, Outlot A is approximately four and one-half acres, and Outlot B is approximately 2 acres. It was noted that Outlot B is primarily swampland and would not be a buildable lot. The Public Works Director stated that the drainageway on Outlot A falls within the City's Wetlands area and therefore within the Wetlands Ordinance requirements. He also pointed out that access and utility extensions are only available to Outlot A from Ridgewood Drive. Mr. Erdrich, potential buyer of the developed lot, stated that there is an illegal dumpsite at the back of the lot and asked that the City require clean-up of the site before the final plat is approved. Mr. Unruh agreed that the problem should be addressed and stated that he will recommend to the property owner that the dumpsite be taken care of before the property is sold. He indicated that his client would be willing to submit an escrow to ensure clean-up of the dumpsite and will work out the details with City staff. Administrator Frazell stated that there is no requirement for park contribution for the subdivision since the Council would not be approving any buildable lots except the one which is already developed. After discussion, Councilwoman Blesener moved approval of the preliminary plat for the Grappendorf subdivision dated December 3, 1984 conditioned upon receipt of a letter prior to final plat approval guaranteeing that the dumpsite located on Lot 1, Block 1 will be eliminated. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Lockwood called for a recess at 9:00 P.M. The meeting was reconvened at 9:09 P.M. FEASIBILITY STUDY The Council acknowledged and discussed a memo from the Public Works Director recommending that a feasibility hearing on proposed public improvements to serve the Gould site on Pilot Knob Road be conducted on January 15th. Mr. Don Markel, representing the Garron Corporation, stated Page No. 215(.7 December 4, 1984 stated that his firm has entered into a purchase agreement with Gould and that they cannot firm up plans for development of the site until public utilities are available. Mayor Lockwood briefly described for the audience development proposals made by the Garron Corporation at the November 29th joint Council/Planning Commission meeting. Councilwoman Witt moved the adoption of Resolution No. 84-80, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENTS TO SERVE THE GOULD PROPERTY AND ADJACENT AREAS (IMPROVEMENT NO. 84, PROJECT NO. 2)," the hearing to be conducted at 7:45 P.M. on January 15th. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 MENDOTA INTERCHANGE The Council acknowledged and discussed a memo from the Public Works Director regarding the Mendota Interchange project and recommending that Council direct preparation of a letter requesting that Acacia Boulevard be made an at-grade intersection with T.H. 55. Councilwoman Blesener expressed concern over the proposed at-grade intersectior8 of T.H. 55, TH13 & T.H. 110 and asked why a diamond intersection with a bridge over T.H. 110 cannot be constructed. The Council directed staff to contact Mn/DOT, asking them to address the question raised by Councilwoman Blesener and attend a future meeting to discuss Mendota Interchange Project concerns. COMPARABLE WORTH PERSONNEL The Council acknowledged and discussed a memo from the City Administrator regarding the legislative mandate that all political subdivisions evaluate and implement comparable worth for their employees. In the memo, Administrator Frazell recommended that the City participate in a joint comparable worth study proposed to be implemented by the Metropolitan Area Managers' Association. He stated that 57 cities have decided to participate in the study and that the anticipated cost for Mendota Heights participation would be $3,700 to $4,100. Mayor Lockwood stated that he objects to the proposal; since the Legislature mandated preparation of a comparable worth study but provided no funding, he felt that the City should do the best it can without outside consulting. The Council members indicated that they also object to such mandates but their consensus was that the City should join in the M.A.M.A. study. On the recommendation of the City Administrator, Councilman Hartmann moved to approve an increase in the annual Ayes: 5 Nays: 0 PAY AND BENEFIT SCHEDULE Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2158 December 4, 1984 compensation for Engineering Technician Guy Kullander to S23,325, retroactive to November 18th. Councilwoman Witt seconded the motion. The Council acknowledged a memo from the City Administrator recommending approval of 1985 pay and benefits for non - organized employees. Members of the Council asked what services are provided by the Recreation Director for his monthly salary. Administrator Frazell stated that the Park Commission has expressed similar concerns and has asked staff to review recreation services. He informed the Council that the subject of recreation programming will be studied in 1985 and that a recommendation will be made by next summer. It was the consensus of the Council that the salary and car allowance for the Recreation Director should be removed from the 1985 salary and benefit resolution. Councilwoman Witt moved adoption of Resolution No. 84 -81, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON - ORGANIZED EMPLOYEES TO REFLECT A 5% ANNUAL ADJUSTMENT FOR 1985." Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 84 -82, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1985 AND ESTABLISHING CERTAIN OTHER BENEFITS," as corrected to remove Duane Selanders salary and car allowance from the resolution. Councilwoman Witt seconded the motion. Councilman Mertensotto moved that the salary for the Recreation Director be established at $746 per month for the first three months of 1985, that the Recreation Director's auto allowance for the first quarter of 1985 be established at $40 per month, and that any salary arrangement between the City and the Director subsequent to the first quarter of 1985 be by independent action of the Council and notice to the Director. Councilwoman Witt seconded the motion. CABLE COMMUNICATIONS Councilwoman Blesener moved approval of the text of the summary of Ordinance No. 211, Codified as Ordinance No. 203, "An Ordinance Granting a Franchise to Continental Cablevision of Northern Dakota Council, Inc., to Operate and Maintain a Cable Communications System in the City of Mendota Heights; Setting Forth Conditions Accompanying the Grant of Franchise; Providing Ayes: 5 Nays: 0 MEETING CHANGE Ayes: 5 Nays: 0 HIGHWAY FUNDING Ayes: 5 Nays: 0 Page No. 2159 December 4, 1984 for Regulation and Use of the System; and Prescribing Penalties for the Violation of Its Provisions," determining that the City Clerk: submit the summary for publication in the Sun Newspaper; and provide that copies of the ordinance will be permanently available for public inspection at the locations described in the final paragraph of the summary. Mayor Lockwood seconded the motion. Councilman Hartmann moved that the meeting scheduled for January 1st be rescheduled to Thursday, January 3rd at 7:30 P.M. Councilwoman Witt seconded the motion. The Council acknowledged and discussed a resolution from the City of Eagan regarding the potential shifting of funding for completion of I-35E and 1-494 to construct parking ramps for the 1-394 project. Councilman Hartmann moved that staff be directed to prepare a resolution conveying a similar position on the matter. Councilwoman Blesener seconded the motion. MARIE AVENUE SPEED The Council acknowledged and discussed a memo from the Police LIMIT Chief regarding a request for speed limit reduction on Marie Avenue west of Dodd Road. Councilwoman Witt felt that the Council's suggestion that the speed limit be reduced to 30 miles per hour at a point west of Dodd was not addressed. She stated that speed zones change on Delaware Avenue and Dodd Road successfully and that a speed limit change at Trail Road could be efb -successful. Councilwoman Blesener stated that she believes the 30 mile per hour limit on Marie should be extended as far as Sutton Lane. She suggested that signs warning motorists of the speed limit change could be posted on the south side of Marie just east of Trail Road for eastbound traffic, and a 40 mile per hour sign could be placed just west of Sutton Lane for westbound traffic. Staff was directed to study the feasibility of implementing a 30 mile per hour speed limit on Marie Avenue between Dodd Road and Sutton Lane, requesting a speed study and order from the Commissioner of Transportation if the study and order are required in order to make the limit enforceable, and to prepare a proposed ordinance to establish the speed limit if research indicates that an ordinance is necessary. Page 210 December 4, 1984 LEXINGTON HIGHLANDS Councilwoman Blesener informed the Council that she is still OUTLOT meeting with Lexington Highlands residents regarding the potential City sale of the outlot. She suggested that a notice be sent to everyone within 350 feet of the parcel or that a sign be posted on the outlot to notify area residents of the possibility of future sale. Councilman Mertensotto suggested that an appraisal be made, that the property be posted and a public hearing on the proposed change in use from open space to residential use be conducted, and that the property then be advertised for sale. Administrator Frazell recommended that input from the Park and Recreation Commission be requested, both with regard to the potential change in use and the use of the funds which would be derived from the sale. Staff was directed to prepare a mailing, post the property and set a time period during which to receive comments. COMMISSION Mayor Lockwood informed the Council of the Planning and Park APPOINTMENTS and Recreation Commission appointments which will expire at the end of January. MISCELLANEOUS The Council acknowledged a memo from the Public Works Director relative to a summons served on the City by representatives of the Robert W. Moore Company claiming that the City had not paid for work done on the Ivy Falls Creek project in 1980. ADJOURN Ayes: 5 Nays: 0 Mayor Lockwood pointed out that the memo is the first information to the Council on the matter and suggested that the City should negotiate the matter with Mr. Moore to negotiate payment of the original $1,933.33. It was the consensus of the Council to authorize Mayor Lockwood to negotiate the claim with Mr. Moore. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Blesener seconded the motion. TIME OF ADJOURNMENT: 11:00 P.M. Kathleen M. Swanson City Clerk ATTEST: c240--,kbut Robert G. Lockwood Mayor