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1984-09-18 Council minutesPage No. 2110 September 18, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 18, 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 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Council Members Blesener, Hartmann, Mertensotto and Witt. ADOPTION OF AGENDA Councilman Hartmann moved adoption of the agenda for the meeting, including additional items contained in the add-on agenda. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilwoman Blesener 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 the Treasurer's report for August. b. Approval of a request from Russell Wahl to conduct the annual Halloween Bonfire, along with authorization for a City expenditure of a maximum of $250, on the condition that the bonfire hours be from 7:00 to 9:00 P.M., the serving of refreshments to begin at 7:00 P.M. c. Acknowledgment of a letter from Robert Story regarding a potential variance request for a property located on Victory Avenue. d. Acknowledgement of the Fire Department monthly report for August. e. Acknowledgement of the minutes of the August 28th Planning Commission meeting. f. Acknowledgement of a letter from Mn/DOT regarding the Mendota Interchange. Ayes: 5 Nays: 0 CITIZEN COMMENTS Page No. 2111 September 18, 1984 g. Acknowledgement of a memo from the Public Works Director Danielson regarding proposed storm water inlet replacement on Lilac Lane, and direction to the Public Works Director to verify that installation of catch basins will not create problems downstream. h. Approval of a recommendation from the Public Works Director to expend approximately $400 for street sweeping. i. Acknowledgement of a Mn/DOT news release regarding the permanent closing of the temporary TH 55/1-494 connection. j. Acknowledgement of a status report on airport noise. k. Acknowledgement of a letter from Mn/DOT regarding a reduction of speed limit on TH 110 to 50 miles per hour and direction that the City AdministratOr submit a letter to the Mn/DOT Commissioner expressing the City's appreciation that Mn/DOT recognizes that a problem exists but suggesting that in the Council's view they have missed the point of the City's request for speed reduction. 1. Approval of the list of claims dated September 18 and totalling $241,682.95. Approval of the list of contractor licenses, granting licenses to: Earl Arneson, Jr. Heating and Air Conditioning J. Baars Plumbing & Heating J. Baars Plumbing & Heating M.F. Fleischhacker, Inc. John-David Contracting, Inc. Midwest Construction Company Jim Murr Plumbing Gas Piping License Gas Piping License Heating & Air Conditioning License Masonry License General Contractor License General Contractor License Gas Piping License Councilwoman Witt seconded the motion. Mrs. Diane Kammerer, 660 West Marie Avenue, asked whether a report she had requested several months ago on speed monitoring on Marie Avenue from Dodd to Dela- REVENUE SHARING/ BUDGET HEARING Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2112 September 18, 1984 ware had been completed yet. The Council directed that the Police Department report on the speed monitoring activities . Mayor Lockwood opened the meeting for the purpose of a hearing on the proposed uses of Federal Revenue Sharing entitlements and the proposed 1985 City budget. City Treasurer Shaughnessy reviewed his memo regarding the proposed revenue sharing uses, proposed budget and proposed levy. Mr. Shaughnessy stated that the FY 85 revenue sharing entitlement is anticipated to be $33,313 and that there should be a $2600 carry-over from FY 84 entitlements after payment of the Public Works Garage fund deficit. Proposed uses of the revenue sharing allocation are as follows: $7,000 for preparation of a municipal facility study; $3,000 for acquisition of a radio unit and one-half of a base station for Code Enforcement; $9,000 for Park Depart- ment radios and $15,000 for a truck for the Park Department. Mr. Shaughnessy discussed mill rate and assessed valuation information and stated that the total proposed tax levy should result in a one-half mill reduction in the City's mill rate. Mr. Shaughnessy recommended Council adoption of a $1,036,861 General Fund levy and S123,999 debt service levy along with a recommendation for adoption of the proposed 1985 budget document. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Mertensotto moved that the hearing be closed at 8:20 P. M. Councilman Hartmann seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 84-58, "RESOLUTION APPROVING 1984 LEVY COLLECTIBLE IN 1985," approving a total mill levy of $1,160,860. Councilman Hartmann seconded the motion. Councilman Mertensotto moved to adopt the 1985 Budget dated September 12, 1984. Councilman Hartmann seconded the motion. REVENUE SHARING Page No. 2113 September 18, 1984 Mayor Lockwood moved approval of the proposed uses of FY 85 Federal Revenue Sharing Entitlements. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 HEARINGS - INDUSTRIAL Mayor Lockwood opened the meeting for the purpose of REVENUE FINANCING public hearings on applications for industrial revenue financing from Larry Lee and Ralph Linvill. Mayor Lockwood informed the audience that the Council will give consideration to action which would allow both applicants to apply to take part in the state Industrial Revenue Bond pool. City Treasurer Shaughnessy stated that if the Council gives preliminary approval of the projects this evening, the applicants may then submit applications to the state pool for industrial development bonding authority. He stated that Mr. Lee is requesting preliminary approval for $5,000,000 in financing and proposes to construct a 55,000 square foot conference facility on the Gould site at TH 110 and Lexington Avenue. Mr. Linvill is requesting preliminary approval for $2,700,000 in financing and proposes to construct a 55,000 square foot office-warehouse at the southwest intersection of Pilot Knob Road and Perron Road. Mr. Shaughnessy reviewed the process and requirements necessary in order to apply to the state pool. Mr. Larry Lee stated that since his last appearance before the Council in August he has refined the project, has met with the City Planner and has received purchase agreement approval from Gould. He stated that the project as proposed meets all City zoning requirements, and that he plans to meet with highway department representatives in the near future to discuss site access if Council gives approval to his proposal for financing. Mr. Ralph Linvill stated that he proposes to construct a 55,000 square foot "high-tech" office/warehouse structure similar to the structure he constructed on the west side of Pilot Knob Road. He indicated that the anticipated use of the proposed structure will be similar to that of the original structure but that the new building will have a higher aesthetic appearance. Councilman Mertensotto informed both applicants that it should be clearly understood that approval of financing in advance of approval of the structures Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2114 September 18, 1984 should not lead the applicants to believe they have tacit approval of either their plans or any zoning issues, that only financing is being considered this evening. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Mertensotto moved to close the hearings on the Tarry Lee and Ralph Linvill applications for industrial revenue financing at 8:45 P.M. Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 84 -59, "RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS," with regard to the Larry Lee request for preliminary approval of a financing project of up to $5,000,000. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 84 -60, "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 SUBMISION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT," relative to the Ralph Linvill request for preliminary approval of a $2,700,000 financing project. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 HEARING - INDUSTRIAL Mayor Lockwood opened the meeting for the purpose of a REVENUE FINANCING public hearing on an application from the Northland Company for $3,000,000 in industrial revenue financing. Treasurer Shaughnessy informed the Council that the original information presented to the Council in August requested $3,000,000 in entitlement funds and $2,000,000 from the state pool to finance two single- Ayes: 5 Nays: 0 Page No. 2115 September 18, 1984 story structures and one two-story structure at the southwest corner of Mendota Heights Road and Transport Drive. He stated that since the August 28th meeting, the firm has entered into a lease arrangement with a firm that is ineligible for industrial revenue finan- cing. Northland's bond attorneys have prepared a revised application and resolutions for Council con- sideration which request $3,000,000 in entitlement funds to finance the construction of one single-story 24,000 square foot structure and one two-story 35,000 square foot structure: the second one-story structure will be financed by United Properties. Mr. Shaughnessy stated that the proposed resolution giving preliminary approval to the financing project includes the stipu- lation that a public hearing will be conducted on October 16th to consider approval of an ownership name change from the Northland Company to MHBC I Partner- ship. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Mayor Lockwood moved that the hearing be closed at 9:00 P.M. Councilman Mertensotto seconded the motion. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 84-61, "RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVEL- OPMENT ACT AND AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING ON SAID PROJECT," calling for a public hearing at 7:30 P.M. on October 16, 1984 to consider the applicant's name change request. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 DRAINAGE COMPLAINT The Council acknowledged two staff memos and a peti- tion from property owners in the Cherry Hills Second Addition regarding surface water problems. Mr. Adolphus Gaddy, 1387 Farmdale Road, requested that the City Engineer be directed to work with the County to stop the run-off into the plat area. He suggested that staff should make a recommendation on what should be done with Cherry Hills Addition drainage, that the Cherry Hills Addition should have some type of storm sewer system. Mr. Gaddy stated that each year the drainage problem gets worse, that the water flow has LILYDALE POLICE CONTRACT Page No. 2116 September 18, 1984 increased by ten times over five years ago. Mr. Dave Trudeau, 1385 Farmdale Road, stated that the water flows through his back yard and between Lots 11 and 12 towards the street, but during heavy rains the water is as much as 16 inches deep. He stated that if it were not for a dike which Mr. Gaddy built the water would be going through his (Mr. Gaddy's) basement windows. In response to a suggestion in the residents' peti- tion, Mayor Lockwood stated that the City cannot plug the 18 inch culvert under Wachtler Avenue. He in- formed the audience of the history surrounding the country type ditches which constitute the Cherry Hills Addition drainage system. Councilwoman Blesener asked whether something could be done at the south end of Farmdale (north side of the Wachtler property) to re-direct the water flow. Pub- lic Works Director Danielson stated that the sugges- tion could certainly be studied. He informed the Council that the City Engineer tried to stop the study at a point where work could be completed by City staff on previously budgeted funds, and that if berming on the Wachtler property is considered the City would have to finance easement acquisition and other costs. Mr. Ron Nordstrand, 1344 Cherry Hill Road, the owner of Lot 7, stated that he is opposed to the staff recommendation that a ditch be dug between Lots 5 and 6 to divert water. He also read a portion of a letter given to him by Mr. Ron Slater, owner of Lot 6, in opposition to the proposed ditch. It was the feeling of the Council that the recommen- dation contained in the August lOth staff report might create more problems than it solves. Staff was direc- ted to study the problem further and prepare a report reflecting a more permanent solution including costs and financing alternatives. The Council acknowledged and discussed a memo from Police Chief Delmont recommending approval of the 1985 Lilydale police contract which reflects a 5% increase over 1984 for a contract amount of $35,154. Ayes: 5 Nays: 0 CURLEY ADDITION BIKE TRAIL Page No. 2117 September 18, 1984 Councilwoman Witt moved approval of the 1985 Lilydale police contract along with authorization for its exe- cution by the Mayor and City Clerk. Councilwoman Blesener seconded the motion. The Council acknowledged and discussed a memo from the Public Works Director recommending Council authoriza- tion for construction of an 8-foot wide gravel bike trail along the east and north boundaries of Lot 10, Curley's Valley View Replat. The memo included a rec- ommendation that the $3,800 construction costs be financed by the Special Park Fund. Park Commission member Jim Stein, present for the discussion, stated that he realizes that years ago the property owners in the Curley Addition were told that the lot would be considered open space but pointed out that the lot has never been maintained as open space. He stated that the first request received from the neighborhood was that the City clean the lot, the City was then requested to provide access to Rogers Lake Park through the lot, and the last request was that the lot be used for park purposes and open space, in- cluding installation of picnic tables, etc. He strong- ly suggested that the Council not approve the final request. Mr. Stein stated that the lot was origin- ally acquired to provide access to Rogers Lake Park, and that if that is the major purpose of the neighborhood, they do have easy and ready access through the lot. He suggested that the Park Commission takes issue with the staff recommendation that funding be via the special park fund except as funds are needed to finance a trail. He felt that the City does not need to spend money on sodding and seeding the lot by City staff. He stated that while members of the neighborhood have stated that they will maintain the lot if it is seeded and sodded, those people may move and new residents might expect the City to maintain the lot. Such an activity would divert City staff from doing more important work in larger parks in the City. In response to a question from Mr. Warren Beers, 2099 Theresa, Public Works Director Danielson stated that an eight-foot gravel trail will be centered on a 15 to 20 foot easement on the north and east side of the lot and that a few trees may have to be removed. Mr. Warren Beers, 2099 Theresa, stated that a well- used path runs down the center of the lot and sugges- Page No. 2118 September 18, 1984 ted that even if the City constructs a trail on the side of the lot, the existing path will still be tra- veled more. He stated that if the trail must be placed on the property line and the result would be removal of all of the trees he would rather not have the bikeway. In response, Public Works Director Dan- ielson stated that while most of the trees are not hardwoods, the City will make every effort to save the ones which it is desirable to save. In response to the Mayor's suggestion that the neigh- borhood should be sent copies of the proposed trail layout and information on the amount of work which is proposed. Mr. Danielson informed the Council that copies of the September 12th memo had been sent to the Maples and Mattsons and one other resident and staff had not received any response. It was noted that Mr. Beers was the only neighborhood resident present for the discussion, even though others had been notified of the recommendation. It was the determination of the Council that action on the matter should be deferred until such time as plans and a final recommendation are available for Council review. Public Works Director Danielson informed the Council that Mn/DOT approval to extend the storm pipe under the trail has not been received yet and that a final report and plans cannot be completed for several weeks: construction will not be possible until next spring. The Council directed that at such time as the plans and final recommendation are available, copies should be sent to Commission member Stein and residents on Theresa and Timmy should be notified. SPEED LIMITS The Council acknowledged a memo from Public Works Director Danielson regarding the process by which speed limits are determined. LEXINGTON AVENUE The Council acknowledged and discussed a proposed SPEED LIMIT resolution requesting the County to reduce the speed limit on Lexington Avenue. Mayor Lockwood moved the adoption of Resolution No. 84-62, "RESOLUTION REQUESTING DAKOTA COUNTY REDUCE THE SPEED LIMIT ON LEXINGTON AVENUE IN MENDOTA HEIGHTS," as amended to include a paragraph requesting that all of Lexington Avenue be re-classified as an urban sec- Ayes: 5 Nays: 0 FREEWAY PLANS Ayes: 5 Nays: 0 SALE OF VEHICLES Ayes: 5 Nays: 0 Page No. 2119 September 18, 1984 within the corporate City limits of Mendota Heights be reduced to 30 miles per hour. Councilwoman Witt seconded the motion. Public Works Director Danielson reviewed the Mn/DOT construction plans for 1-494 from .5 miles east of TH 149 to the east corporate limits. Councilwoman Blesener moved the adoption of Resolution No. 84-63, "RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIAL PROVISIONS (S.P. 1985-69/494=393). Councilwoman Witt seconded the motion. The Council acknoweldged and discussed a memo from the Police Chief recommending the sale of three excess squad cars and the fire chief's former vehicle. After discussion, Mayor Lockwood moved to approve the sale of a 1982 Ford LTD Crown Victoria, 1981 Chevrolet Malibu, 1979 Chevrolet Malibu and 1973 Plymouth Station Wagon after advertisement of the sale for the best offer over stated minimums. Councilwoman Blesener seconded the motion. NORTH AREA STREETS The Council acknowledged and discussed a memo from Administrator Frazell regarding a potential subsidy, via Community Development Block Grant funds, for potential street improvements in the north end of the City. The memo indicated that if the grant were to be approved, income eligible households on Hiawatha, Fremont, Chippewa, Garden Lane and Ellen Streets could receive a direct subsidy against special assessments. In response to a question from the Council Public Works Director Danielson reviewed the status of his discussions with the Minnesota State Aid engineer relative to the qualification of Chippewa Avenue as a municipal state aid street. After discussion, Councilman Hartmann moved to authorize the Dakota County HRA to conduct an income survey of residents on Hiawatha, Fremont, Chippewa, Garden Lane, and Ellen Streets, and to include a cover letter with the survey to inform residents of the Ayes: 5 Nays: 0 IMPROVEMENT 84-3 Ayes: 5 Nays: 0 LEXINGTON HIGHLANDS OPEN SPACE Ayes: 5 Nays: 0 SUNDAY LIQUOR SALES cp5 Page No. 2120 September 18, 1984 City's efforts to gain MSA status for Chippewa. Councilwoman Witt seconded the motion. Public Works Director Danielson reviewed plans and specifications for the installation of sanitary sewers, storm sewers and water service connections to serve Lot H., Ivy Hills 2nd Addition. Councilman Hartmann moved the adoption of Resolution No. 84-64, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE LOT H, IVY HILLS 2ND ADDITION (IMPROVEMENT NO. 84, PROJECT NO. 3), bids to be received on October llth. Mayor Lockwood seconded the motion. The Council acknowledged and discussed a memo from Public Works Director Danielson relative to a question from Councilwoman Blesener regarding the appearance of the outlots in the Lexington Highlands plats. Councilwoman Blesener stated that the problem is the corner of Summit and Marie. She stated that the outlot just looks like vacant open land with no vegetation on it. She suggested that the matter be discussed with the neighbors and that perhaps the outlot (Outlot A, Lexington Highlands East) should be sold as a buildable lot. After discussion, Mayor Lockwood moved that Councilwoman Blesener be authorized to meet with the neighbors to discuss the potential for sale of the lot for residential development and that the matter be referred to the Park and Recreation Commission for consideration and recommendation. Councilman Hartmann seconded the motion. The Council recommending should issue placed on the acknowledged a memo from the City Clerk that the question of whether the City "on-sale" Sunday liquor licenses be ballot for the November City election. Councilman Hartmann moved to authorize the preparation and inclusion of a special ballot in the November 6th General and City Election and approve the following Ayes: 5 Nays: 0 SEAL COATING Ayes: 5 Nays: 0 COUNCIL COMMENTS MISCELLANEOUS ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2121 September 18, 1984 ballot language: "Shall the City Council be authorized to issue special "on-sale" licenses for the sale of intoxicating liquor at retail by restaurants and/or hotels and motels on Sundays between the hours of 11:00 o'clock A.M. and 12:00 o'clock midnight in conjunction with the issuance of "on-sale" intoxicating liquor licenses." Councilwoman Witt seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 84-65, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR 1984 SEAL COATING," authorizing final payment of S31,987.87 to the Allied Blacktop Company. Councilwoman Witt seconded the motion. Councilman Hartmann commented on the amount of money spent on street patching, particularly in the north end. Councilwoman Blesener asked the status of the Fire Department study. Acting City Attorney Tom Hart informed the Council that Mr. David Van Landschoot had submitted his check for $1,757.73 in payment for litigation costs. There being no further business to come before the Council, Councilwoman Blesener moved that the meeting be adjourned. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 10:30 o'clock P.M. R4t- Zotiutr04, Robert G. Lockwood Mayor K thleen M. Swanson City Clerk