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1982-01-19 Council minutesPage No. 1599 January 19, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 19, 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 7:37 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Losleben and Mertensotto. Councilwoman Witt was out of town for her father's funeral. HEARING, Mayor Lockwood opened the meeting for the purpose of continuing AMESBURY EAST the public hearing for proposed public improvements to serve IMPROVEMENTS Amesbury East and adjacent areas. Mayor Lockwood turned the IMP. 81, meeting over to City Administrator Johnson who then explained PROJ. 7 a memo that had been prepared explaining possible cost appor- tionments on both a basic plan and an alternate plan for public improvements. City Engineer Kishel noted that sanitary sewer and water would not be assessed against the four property owners south of Amesbury, namely the Place's, Kennedy's, Kane's and Malachway's. The assessment rate for surface water control on these four properties would be based on a 40,000 square foot lot and would be the only assessment. There was some discussion concerning how far Mendota Heights Road would extend in both the basic plan and the alternate plan. After considerable discussion among the Council members, Councilman Mertensotto stated that he would prefer to see the alternate plan proceed, but that this plan is just not economically feasible at this time. Councilman Losleben asked Mr. William King whether he had considered dropping the Green Acre status on his property. Mr. King replied that they would receive no benefit from this project and it did not seem fair for them to drop the Green Acre status. He did note that they would attempt to pay the interest on this assess- ment for the basic plan only, which would amount to approximately $14,000 per year for the basic plan and approximately $23,000 per year for the alternate plan. Mayor Lockwood asked for questions or comments from the audience. Mr. Warren Beck, part owner of a'large parcel of undeveloped property adjacent to the Amesbury site, stated that he supported the basic plan and he felt that the storm sewer assessment was a fair amount. Mr. Tom Malachway, 515 Blue Gentian Road, questioned how an assess- ment of $3,241 would benefit his property. Mr. Michael Kennedy, 2567 Delaware, also wondered what his benefit would be from the project. He noted that his home is about 30 to 40 feet above the water flow. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Page No. 1600 January 19, 1982 Dr.. Owens addressed the Council and audience on the,flow of the various ponds in the area, as he has observed them over a period of 30 years. He felt that there would not be any forseeable problem, except possibly behind the David Place residence. Mr. Malachway then noted that his home may or may not be purchased by the State for construction of future 1-494. Dr. Owens asked how the City Council would feel if the assessment is taken off from the four property owners. Councilman Mertensotto replied that he still could not justify the anticipated debt service. Mr. Beck indicated that if Mendota Heights Road is constructed from Delaware, he and his partner, Mr. Laukka, would dedicate the right-of-way for the balance of Mendota Heights Road to where Mn/DOT would connect at a cul-de-sac, just east of the Glewwe property. Mr. Beck also stated that the right-of-way for Huber Drive would also have to be available. Administrator Johnson elaborated on the Huber Drive right-of-way, noting that it is more of a City initiated action than a project action. He noted that the entire right-of-way is on the King property and that MSA funds can be used to acquire the Huber Drive right-of-way. Mr. King stated that he has no objection to negotiate on Huber Drive right-of-way. Councilman Mertensotto suggested continuing the hearing to a future date. Mr. Jim McNulty was advised to work with staff and property owners to show a proposed funding plan and he noted that he would welcome the opportunity for the extra time, noting that he would need a minimum of two weeks. There being no further questions or comments from the audience, Councilman Hartmann moved that the hearing be continued to February 2nd, at 8:30 P.M. Councilman Losleben seconded the motion. Councilman Hartmann moved approval of the minutes of the January 5, 1982 meeting. Mayor. Lockwood seconded the motion. CONSENT Councilman Losleben moved approval of the following consent calendar CALENDAR items, submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein: 1. Amended List of Claims dated January 19, 1982, and totalling $629,980.16. 2. The granting of licenses to the following: Andretta Brothers Asphaltic-Concrete Brick & Stone, Inc. Asphaltic-Concrete Corrigere Construction Co. Asphaltic-Concrete Page No. 1601 January 19, 1982 Dahn Builders, Inc. Asphaltic-Concrete Robert H. Licha Asphaltic-Concrete Dale Pexa Cement Construction Asphaltic-Concrete Suburban Cement Cons., Inc. Asphaltic-Concrete Theisen-Fischer, Inc. Asphaltic-Concrete E.L. Bulach Cons. Co., Inc. Asphaltic-Concrete Rayco Excavating Excavating Rauchwarter, Inc. Excavating Glenn Rehbein Excavating, Inc. Excavating Reisinger Excavating, Inc. Excavating Rumpca Sewer & Water Excavating E & H Earthmovers, Inc. Excavating Rouse Mechanical Gas Piping The Snelling.Company Gas Piping Twin City Furnace Gas Piping Fred Vogt, Inc. Gas Piping The Birch Co. Gas Piping Richard J. Bartl General Contractor Bream Homes General Contractor Dodd Construction Corp. General Contractor Fazendin Homes, Inc. General Contractor Merle's Construction Co. General Contractor Minnesota FSL Corp. General Contractor Nucon, Inc. General Contractor Suburban Lighting, Inc. General Contractor T.C. Builders, Inc. General Contractor Valley Investments General Contractor Retyse Industries, Inc. General Contractor Allan Heating & Air Cond. Heating & Air Conditioning Horwitz, Inc. Heating & Air Conditioning Montgomery Ward & Co. Heating & Air Conditioning Peine's Plumbing & Heating Heating & Air Conditioning Geo. Sedgewick Htg. & A.C. Heating & Air Conditioning The Snelling Company Heating & Air Conditioning Twin City Furnace Heating & Air Conditioning The Birch Company Heating & Air Conditioning LeRoy Signs, Inc. Sign Erecting Nordquist Sign Co., Inc. Sign Erecting Casanova Bros. Rubbish Hauling Bruce A. Levine (Roadway Rubbish) Rubbish Hauling Emil Oerhlein Trucking Rubbish Hauling 3. Acknowledgement of the Fire Department Monthly Report for December, the Treasurer's Monthly Report for December and the Public Works Director's Monthly Report for December. 4. Acknowledgement and approval of a memo on a,home beauty shop approval for Elizabeth Mulcahy, 670 - 2nd Avenue. 5. Acknowledgement of the fourth quarter financial report. Councilman Mertensotto,,.seconded the motion. Ayes: 4 Nays: 0 CABLE TV JOINT Mr. David Zemke, Chairman of the Mendota Heights Cable Advisory Commission POWERS AGREE- and Mr. Adrian Herbst, attorney, were present to explain the Joint MENT Powers Agreement and answer any questions the City Council might have. Mr. Herbst gave a brief overview of the Joint Powers Agreement, noting Page No. 1602 January 19, 1982 that a Joint Powers Commission would be delegated to solicit proposals and the City Councils would then adopt a franchise ordinance. He noted that the cities are reimbursed for their expenses in this process. He also noted that Lily4ale, Inver Grove Heights and Sunfish Lake have approved the Joint Powers Agreement, that West St. Paul will act on it at their meeting next Monday and that Eagan isn't sure which group they are going to join. Mr. Herbst stated that the budget for the Joint Powers Commission has to be approved by 3/4 of the member City Councils. Councilman Mertensotto was hesitant to approve the agreement if West St. Paul does not go along with it. There was considerable discussion regarding a municipal franchise versus joining with other communities and the pros and cons of each. It was noted that 5% of the cable revenue would go back to the commission. Mr. Otto Gutzmer, a member of the Mendota Heights Cable Advisory Commission was present and stated that Mendota Heights is too small a community to be able to obtain a franchise by itself. After further discussion, Councilman Losleben moved the adoption of Resolution No. 82-05, "RESOLUTION JOINING THE NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMITTEE AND APPOINTING DIRECTORS", conditioned on the basis that the City of West St. Paul also approves the Joint Powers Agreement. Ayes: 3 Nays: 1, Mertensotto FIRE DEPARTMENT Several Mendota Heights volunteer firemen;__ appeared before the City Council to request money for a down payment on a used tanker truck for the department. Mr. Bill Lekbs, spokesman, noted that the present tanker is a 1948 model and is unsafe. It was noted that there is $20,000 budgeted for capital improvements. There was some question on whether the City would need to advertise for bids for the truck or not. Mayor Lockwood suggested that the fire department come back with a written Proposal for Council consideration and then perhaps a favorable action can be taken by the Council on their request. FEDERAL LAND Mr. Carmen Tuminelly and Charles Bartholdi were present to request the presence of City Planner Howard Dahlgren at one of the neighbor- hood meetings that Mr. Tuminelly is formulating to explain the Federal Land project on TH 13 for townhouse development. Mr. Tuminelly stated that there were rumors around that there would be a lawsuit filed if this development were denied. .He stated that there is no truth to'the rumors and that no lawsuit will be filed if the proposal is turned down. The developers will go with the next best scheme, which would probably be single-family residential development. He also noted that he is part owner of the project. The Council noted that there are personality problems among the persons involved and they felt that it would not be in the best interest of the City to have the City Planning Consultant present the project to the neighbors. It was the concensus of the Council Page No. 1603 January 19, 1982 that perhaps the Consultant could appear at a later date to wrap up a few loose ends, but that at this early date it would not be advisable. City Administrator Johnson noted to the Council that Mr. Cameron Kruse, chairperson of the Planning Commission, had received a request from Federal Land, asking that the scheduled public hearing set for the January 26 Planning Commission meeting be postponed until the meeting in February. Administrator Johnson advised the Council that the regular meeting scheduled for February 23 was Precinct caucus night and that therefore no evening activities could be scheduled. Mr. Tuminelly responded saying that he would prefer to have the matter continued to the March Planning Commission meeting. SUBURBAN RATE Mayor Lockwood moved the adoption of Resolution No. 82-06, AUTHORITY "RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY",,designating Orvil J. Johnson as the director and Elizabet.h,.Witt as the alternate director for the year 1982. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of a memo from Larry Shaughnessy relative to recent donations made by Mrs. Bertha Orloski, 682 Callahan Place, to the Mendota Heights Police and Fire departments. City Administrator Johnson was directed to write to her expressing thanks for her generous donations s and to.let her know, at a later date, what the money was used''for. SEWER USE The Council acknowledged a memo from Financial Advisor Shaughnessy CHARGES relative to proposed 1982 sewer use charges. After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 82-07, "RESOLUTION SETTING SEWER RENTAL CHARGES FOR SINGLE FAMILY DWELLINGS, MULTIPLE DWELLINGS, AMENITY STRUCTURES, SCHOOLS, CHURCHES, PUBLIC BUILDINGS, COMMERCIAL AND INDUSTRIAL USERS". Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 VICTORIA The Council 'acknowledged receipt of almemo from Code Enforcement TOWNHOMES, Officer Berg relative to the need for a conditional use permit CONDITIONAL USE for the Victoria Townhomes Planned.Unit,.Development before he PERMIT could issue building permits. He noted that he had issued foundation permits several months 'earlier. After a brief discussion.,, Councilman Hartmann moved the adoption of Resolution No. 82-08, "RESOLUTION GRANTING CONDITIONAL USE PERMIT", approving final plans for Victoria Townhomes. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 Councilman Mertensotto moved that the Code Enforcement Officer be given approval to issue building permits for Victoria Townhomes. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Page No. 1604 January 19, 1982 MISCELLANEOUS City Administrator Johnson explained a Handout from the Association'of Metropolitan Municipalities on State Aid cutbacks. He noted that Mendota Heights would be short $27,700 from the State, and added that the 4% contingency cutback prepared by department heads,amounted to approximately.$50;000. PARK COMMISSION Mayor Lockwood noted that Mr. Michael Williams, whose term will REAPPOINTMENT expire on January 31, 1982, would be willing to serve another three year term on the Park and Recreation Commission. Mayor Lockwood moved that Mr. Williams be reappointed to serve on the Park and Recreation Commission for a three year term to be effective February 1, 1982 through.January 31, 1985. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 PLANNING Mayor Lockwood noted that he had contacted the two Planning COMMISSION Commission members whose terms expire on January 31st and advised REAPPOINTMENTS that they were willing to serve another three year term. Mayor Lockwood moved that Kevin Howe and Sandra Butler be reappoint- ed to a three year term on the Planning Commission, their terms to be effective from February 1, 1982 through January.31, 1985. Councilman Losleben seconded'the motion. Ayes: 4 Nays: 0 MISCELLANEOUS City Attorney Winthrop distributed copies of Resolution No. 81-88, "RESOLUTION GRANTING CONDITIONAL SEWER AND WATER CONNECTION TO LILYDALE VICTORIA APARTMENT PROJECT", which. was adopted at the December 1, 1981 City Council meeting. Councilman Mertensotto spoke briefly on the possibility of Workmen's Compensation for elected City officials. City Adminis- trator Johnson was directed to check into the matter and determine what the cost would be for coverage. Financial Advisor Shaughnessy explained some estimated adjustments and accruals for the financial statement. PUBLIC WORKS Public Works Director Danielson reported on the freeze-up of the DIRECTOR City's 2 million gallon water tank, which occurred sometime during the January 9-10 weekend. He noted that it has since been thawed. Mr. Danielson also advised the Council on the status of the Northland Drive/TH 55 railroad crossing, noting that the City is still working on an agreement. SURFACE WATER The Council briefly discussed a proposed resolution opposing the MANAGEMENT proposed Surface Water Management Plan. Councilman Losleben moved the adoption of Resolution No. 82-09, "RESOLUTION OPPOSING METROPOLITAN SURFACE WATER MANAGEMENT PLAN, OPPOSING RELATED LEGISLATION AND RECOMMENDING CHANGES IN SPECIAL ASSESSMENT STATUTES". Councilman Me*rtensotto seconded the motion. Ayes: 4 Nays: 0 Page No. 1605 January 19, 1982 EXTENDED LEAVE The Council received a memo from City Clerk Swanson in response OF ABSENCE to a request from Kristi Southern, receptionist/secretary, who is currently on a maternity leave of absence until March 22nd. Due to health problems with her infant son, Ms. Southern had requested an extension of her unpaid maternity leave of absence until July 6, 1982. Mayor Lockwood moved approval of the leave of absence as requested. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 PERSONNEL Councilman Losleben moved the adoption of Resolution No. 82-10, RESOLUTION "RESOLUTION CHANGING SECTIONS 11 AND 20 OF THE PERSONNEL CODE, CHANGES RESOLUTION NO. 79-49", which amends Section llb(2) to read as follows: Keep his/her department head informed of his/her condition. The department head may request the employee to provide a doctor's report or other evidence of sickness at any time. Section 20, Pay Days, was amended in its entirety to read as follows: Employees shall be paid on every other Friday. Paychecks will be issued one week following the end of the established pay period. When a holiday falls on payday, employees shall receive their pay the preceding.workday. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 POLICE CHIEF City Administrator Johnson advised the Council that Police Chief Thul has been offered another position which he will be taking probably sometime in February. 'Administrator Johnson noted that applications would be taken and that in-house people are also able to apply for the position. ADJOURN There being no further.business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 12:15 o'clock A.M. Mary On D LaRos I a Deputy Clerk ATTEST: Aid zadv� Robert G. Lockwood Mayor