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1982-08-17 Council minutesPage No.1692 August 17, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 17, 1982 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 o'clock P.M. The following members were present: Mayor Lockwood, Councilman Hartmann, Councilman Mertensotto and Councilwoman Witt. Councilman Losleben notified the Council that he would be out of state. CONSENT CALENDAR Ayes: 4 Nays: 0 BUROW POND Councilwoman Witt moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. 1. Approval of the List of Claims dated August 17, 1982 and totalling $91,682.82. 2. Approval of the List of Licenses, granting licenses to: K & D Schmidt Construction J. J. Charles & Sons Northwest Serv. Sta. Equip. B J Construction Mesna Construction Company Concrete License Excavating License Excavating License General Contractor's License General Contractor's License 3. Acknowledgement of the Treasurer's Report for July; the Park and Recreation Commission Minutes, May llth; the NDC4 Minutes from August 4th, the Fire Department monthly report for July. 4. Adoption of Resolution No. 82-68, "RESOLUTION ESTABLISHING PRECINCT POLLING PLACES". 5. Acknowledgement of the List of 1982 election judges. 6. Acknowledgement of a letter from the Minnesota Department of Energy, Planning and Development on LAWCON grant denial. Councilman Hartmann seconded the motion. Mr. Thomas Burow, 1875 South Victoria, was present at Council's request, to discuss the matter of the dredging that he had per- formed on the Burow Pond. Public Works Director Danielson noted that he had spoken to Mr. John Roszak earlier. It was noted by Mr. Danielson that the excavating work is completed and that the neighbors aren't nearly as disturbed now as they were two weeks ago and that is why there was no one else in attendance at this meeting. Mr. Burow noted that the bottom of the pond is muddy silt and probably should be cleaned out. Engineer Kishel suggested SIGN PERMITS FOR 2012 SOUTH LEXINGTON Ayes: 4 Nays: 0 ASSESSMENT HEARING ROGER'S LAKE SUBSTATION N.S.P. (IMP.82,5) Ayes: 4 Nays: 0 Page No. 1693 August 17, 1982 that if the Council so desires to clean out the pond, that it be performed after such time as all of Rolling Green is devel- oped, to eliminate any more silt from washing into the pond. Councilman Mertensotto noted that about 60 cubic yards of fill were removed without prior Council knowledge and that Mr. Burow should have notified the Council of his intentions. Mr. Burow noted that this summer had been the driest summer in several years, and that is why he decided to drain it when he did. He did note that he is completely finished, that there is no odor in the pond area and that there was some water standing in it from the slight rainfall from the night before. It was the con- census of the Council that no further pumping or dredging would be allowed by individuals in the future. The Council acknowledged a report from the Code Enforcement Officer relative to a request from Greg Lyons and Mike Leibman for sign permits to place business identification signs on the building located at 2012 South Lexington Avenue. As noted in the memo, both signs are wall signs and do not exceed the allowable sign area for the building. However the Council was concerned about approving the permits when they did not know the size of the signs, the height of the signs or the location of the signs. Councilwoman Witt moved to continue that matter for lack of sufficient information. Councilman Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed assessment roll for the Roger's Lake Substation, N.S.P. public improvements. Public Works Director Danielson explained how the project came about, noting that the substation is east of Roger's Lake, north of Wagon Wheel Trail and west of TH 149. He noted that NSP had petitioned for the improvements and that the entire cost of the project will be borne by NSP. Mr. Danielson noted that NSP would like to be assessed over a period of years, rather than pay the assessment in a lump sum. Treasurer Shaughnessy noted that the project would be assessed over a period of 10 years at 111/2% interest. The total cost of the project is $16,078.61. There being no questions or comments from the audience, Council- man Mertensotto moved that the hearing be closed at 8:08 P.M. Councilman Hartmann seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 82-70, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR ROGER'S LAKE SUBSTATION, N.S.P. IMPROVEMENT (IMPROVEMENT NO. 82, PROJECT NO. 5)." Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 OPTICOM Ayes: 4 Nays: 0 ASSESSMENT HEARING MENDOTA HEIGHTS INDUSTRIAL PARK (IMP. 81, 6) Ayes: 4 Nays: 0 Page No. 1694 August 17, 1982 The Council acknowledged receipt of a memo and resolution relative to installation of Opticom at TH 55 and Mendota Heights Road. City Attorney Winthrop had reviewed the agreement as prepared by Mn/DOT, making a few changes and was satisfied with the agree- ment. Public Works Director Danielson noted that the City can only use Opticom for Police or Fire emergency vehicles, and any abuse of the signals would result in Opticom being removed with the equipment being returned to the City. Mr. Danielson noted that the cost of this is $4,240 and that $6,000 had been budgeted for it. Councilman Mertensotto moved the adoption of Resolution No. 82-69, "RESOLUTION PROVIDING FOR THE INSTALLATION OF OPTICOM AT T.H. 55 AND MENDOTA HEIGHTS ROAD". Mayor Lockwood seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed assessment roll for Mendota Heights Industrial Park, Northland Drive - Transport Drive public improvements. Public Works Director Danielson explained that this project is in the southwest corner of the City, bounded on the south by 1494 and on the north by Mendota Heights Road, on the west by Pilot Knob Road and on the east by TH 55. He noted that North- land Land Company had petitioned for the improvements, which were estimated to cost $1,078,000. The final cost, to date, is $686,784. which includes sanitary sewer, watermains, and street construction. Mr. Danielson noted that the railroad crossing work is not included in the cost and that will cost an additional $100,000 or more. The project will be assessed at 11% over 10 years for streets and 19 years for the sewer and water. He ex- plained that this was a partial assessment and that another hear- ing would be held next year for the additional Railroad Crossing work to be done. Mr. George Burkards was present from Northland Land Company. He stated that Northland considers the work done to date to be final as far as the assessing goes. There being no other questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed at 8:39 P.M. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 CASE #82 -17, MN FSL, SUBDIVISION Ayes: 4 Nays: 0 IVY FALLS FIRST ADDITION, FEASIB- ILITY REPORT Page No. 1695 August 17, 1982 Councilman Mertensotto stated that the assessment roll for Improvement No. 81, Project No. 6, as presented on August 17, 1982, be adopted and that the project file remain open to consider the additional work and assessments. Councilman Mertensotto moved the adoption of Resolution No. 82 -71, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MENDOTA HEIGHTS INDUSTRIAL PARK, NORTHLAND DRIVE /TRANSPORT DRIVE (IMPROVEMENT NO. 81, PROJECT NO. 6) ". Councilman Hartmann seconded the motion. Mr. Tom Balyk and Mr. Robert McKinstry were present from Mn FSL to request approval of a subdivision for a portion of Delaware Crossing. This matter was tabled from the August 3rd meeting, as representatives were not present. Mr. Balyk noted that Lots 1,2,3,4, and 5, Block 2 and Lots 19,20,21,22, and 23, Block 3, Delaware Crossing would be reduced to four lots in both blocks. He noted that Mn FSL would be willing to deed Outlots B and C to the City, which should have been done several years ago but was neglected by the previous developer. Mn FSL has paid real estate taxes on the outlots for 1980 and 1981. Council members expressed concern that the matter of the 1982 tax payment be resolved prior to final plat approval and also that the deed conveyance must be resolved. Councilman Mertensotto moved preliminary plat approval of the replat of Delaware Crossing into a plat titled Delaware Crossing 2nd Addition, conditioned that the applicant will not receive final plat approval until the conveyance of Outlots B and C and the current tax liability matter are resolved. Councilman Hartmann seconded the motion. City Engineer Kishel noted that he had prepared a feasibility report for Ivy Falls First Addition at the direction of the City Council at the July 20th meeting. He noted that costs for the proposed improvements, which include storm sewers and street construction, would be very much in line with the costs that were estimated in 1980. Mr. Kishel's report included a full, complete project for the entire addition and also an alternate, which would include upgrading Maple Park Court from Cascade Lane to the cul -de -sac. Improvements would be install- ation of storm sewers and a 30 foot wide bituminous surfaced street with concrete curb and gutter. Costs for the complete system for storm sewers is estimated at $232,700, while a complete street system would be $261,000. The alternate work for Maple Park Court only, would be $20,420 for storm sewers and Ayes: 4 Nays: 0 1981 AUDIT Ayes: 4 Nays: 0 TAX INCREMENT FINANCE ANNUAL REPORT Page No. 1„.696 August 17, 1982 $21,813 for the street improvement. The Maple Park Court project, if authorized, would be assessed against five property owners adjacent to the proposed construction. These property owners would then no longer be involved in future street and storm sewer assessments for the balance of the subdivision, if the alternate project is undertaken. Mr. Lloyd Smith, 716 Maple Park Court, and Mr. Ellis Abrahamson, 714 Maple Park Court, were present for the discussion. Mr. Smith owns Lot 6 and Mr. Abrahamson owns Lot 7. There is presently a narrow easement between these two lots which would have to be widened if the project is approved. Several trees would have to be relocated from this area. The other three property owners that would have to be involved in the alternate improvement are the owners of Lots 4, 5 and 8. Mr. Smith noted that he felt that the additional property owners would not be in favor of the project. After further discussion, Councilwoman Witt moved the adoption of Resolution No. 82-72, "RESOLUTION ACCEPTING FEASIBILITY REPORT AND SETTING FEASIBILITY/ASSESSMENT HEARING FOR OCTOBER 19, 1982 AT 8:00 P.M. FOR MAPLE PARK COURT IMPROVEMENTS." Councilman Mertensotto seconded the motion. Mr. Steve Laible, from Peat, Marwick, Mitchell was present to present oral comments on the 1981 Audit report. He noted that the audit was performed according to generally accepted auditing standards and that this was the third audit that PMM had prepared for the City. He also asked that his firm be reappointed for another three years. After a brief discussion, Councilman Mertensotto moved to reappoint Peat, Marwick, Mitchell as the auditor for 1982. Councilman Hartmann seconded the motion. Treasurer Shaughnessy distribured copies of the first annual Tax Increment Finance report. FEASIBILITY City Engineer Kishel had received a request from Vern Colon from REPORT, FEDERAL Federal Land Company, along with a check for $2,400 as an escrow LAND COMPANY deposit for a feasibility study on construction of public utilities to serve property located adjacent to TH 13. It was Mr. Colon's request that Federal Land Company be billed for and responsible to pay for that portion of the feasibility study pertaining to resolution of the storm water drainage problem on the property northeast of and adjacent to the Federal Land Company parcel and the connection of Hiawatha Street and Miriam Street only if the Mendota Heights Planning Commission and City Council approve the conditional use permit for a planned unit Ayes: 4 ) Nays: 0 J MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS PLANNING DEPT. 1983 BUDGET MISCELLANEOUS MISCELLANEOUS TH 110/149 Page No. 1697 August 17, 1982 development that is currently being requested by Federal Land Company. After some discussion, Councilman Mertensotto moved acknowledge- ment of the $2,400 check and authorized preparation of the feasibility study subject only to the provisions of the applicable City Ordinances. If this is not acceptable to Mr. Colon, then the City will refund the money. Mayor Lockwood seconded the motion. Public Works Director Danielson reported on the new speed limit reduction to 35 miles per hour on Victoria from TH 13 to Lexington. He also noted that construction of the Mendota Heights Road bridge is behind schedule and should be done by mid-September. He also noted that construction of the Wagon Wheel Trail bridge will probably start in the spring of 1983. Staff was directed to check on the time limit for the Peter Schwartz residence, whose house was moved from TH 13 to an empty lot on Fremont Street. City Administrator Johnson noted that he had not heard from Bill Sheehy in regard to improvements to Mendota Plaza Shopping Center and MGM Liquor. Discussion on the street assessment policy was deferred to a meeting when the full Council could be in attendance. City,Admind'strator johnson noted the proposed Planning Dept. budget for 1983. There were no comments from the Council. Councilman Mertensotto advised the Council of a recent meeting he had regarding the Fire Relief Association Pension Plan. City Administrator Johnson asked if any Council members would be interested in attending a Regional Meeting of the League of Minnesota Cities in Maplewood on September 16th. Councilwoman Witt expressed interest in attending if her schedule allowed it. City Administrator Johnson noted a Handout from Planner Dahlgren relative to the intersection of TH 110/149. The Council is to study the memo and respond at a later date. LABOR NEGOT- City Administrator Johnson asked the Councilmembers what they IATIONS felt should be the limit on the 1983 union contracts. Some members felt the limit should be a maximum of 6% increase. Another member felt that no committment should be made at this time. 1983 ADMINIS- TRATION BUDGET Ti-easurer:,Shaughnessyreviewed the proposed Administration budget for 1983. There was some discussion on the proposed purchase of an electronic typewriter versus a mini-computer, or word processor. MISCELLANEOUS Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page No. 1698 August 17, 1982 The Council received ,a handout letter from the Dakota County HRA representing the City of Mendota on a HUD application for sanitary and storm sewer. Councilman Mertensotto moved receipt and acknowledgement of the letter from the Dakota County HRA dated August 17, and directed the City Administrator to write an affirmative reply to the Metropolitan Council, supporting Mendota in its application for funds to construct sanitary and storm sewer. Councilman Hartmann seconded the motion. There being no further business to come before the Council, Councilwoman Witt moved that the meeting be adjourned to August 24th at 7:00 o'clock P.M. in the Engineering Conference Room, Suite 214. Mayor Lockwood seconded the motion. TIME OF ADJOURNMENT: 11:31 o'clock P.M. A Mary n DeLaRosa Deputy Clerk ATTEST: 0711)-cieu„.t.-1 Robert G. Lockwood Mayor