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1982-01-05 Council minutesPage No. 1588 January 5, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 5, 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, Councilmembers Hartmann, Losleben, Mertensotto, and Witt. APPROVAL OF Councilman Hartmann moved approval of the minutes of the MINUTES November 17, 1981 meeting. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Witt Councilman Losleben moved approval of the minutes of the December lst meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Councilwoman Witt moved approval of the minutes of the December 15 meeting. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CONSENT Councilwoman Witt 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. List of Claims dated January 5, 1982, and totalling $68,379.33. 2. The granting of licenses to the following: Ace Blacktop, Inc. Asphaltic-Concrete Pine Bend Paving, Inc. Asphaltic-Concrete H.W. Cook & Sons Masonry Johnny Masonry Concrete-Masonry Wayne Construction Concrete-Masonry Charles Zwinger, Inc. Concrete-Masonry Ralph's.Plumbing Excavating Richfield Plumbing Co. Excavating Southview Sanitation Excavating Weireke Trenching & Excavating Excavating AmCon Corp. General Contractor Bjorklund Construction Co., Inc. General Contractor Freerks Construction Co. General Contractor E.T. Hughes Construction, Inc. General Contractor Joseph E. Johnson & Son, Inc. General Contractor Ayes: 5 Nays: 0 COMMUNICATIONS Page 1589 January 5, 1982 Ted Murr, Inc. Rauenhorst Corporation Ryan Construction Co. of MN. Sapletal Construction Sheehy Construction Co. Gas Supply, Inc. Timberline Builders, Inc. Twin City Storm Sash Co. Viking Automatic Sprinkler Co. Allied Metalcraft Co. Arneson Heating Service, Inc. A. Binder & Son Red Rock Heating & Sheetmetal Sedgwick Heating & Air Cond. Suburban Heating & Air Cond. Fred Vogt & Co. Bostrom Sheet Metal Works, Inc. Arneson Heating Service, Inc. A. Binder & Son Red Rock Heating & Sheetmetal Suburban Heating & Air Cond. Mel Koppen Befort Roofing Beermann Services Nitti Disposal Mendota Heights Landscape Central Air Cond. & Heating Co. Carlson Sewer Company, Inc. Surf co Gas Station Sam Zappa Contracting, Inc. Tilsen Homes, Inc. Clyde J. Housley General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor Heating & Air Conditioning Heating & Air Conditioning Heating & Air Conditioning Heating & Air Conditioning Heating & Air Conditioning Heating & Air Conditioning Heating & Air Conditioning Heating & Air Conditioning Gas Piping Gas Piping Gas Piping Gas Piping Plaster-Stucco Roofing License Rubbish Hauling Rubbish Hauling Tree Removal License Heating & Air Conditioning Excavating Cigarette License Excavating General Contractor Plastering�Stucco 3. Acknowledgement of the Treasurer's monthly financial statement for November. 4. Acknowledgement of memo on the expiration of Planning and Park and Recreation Commission terms. 5. The adoption of Resolution No. 82-01, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 79, PROJECT NO. 2)", authorizing final payment of $811.98 to Orfei and Sons, Inc. for the completion of LCS Company sewer extension. 6. Acknowledgement of the Code Enforcement Officer's monthly report for December. Councilman Hartmann seconded the motion. The Council acknowledged and briefly discussed a letter from the St. Paul Water Department advising the City of an increase in water rates to commence January 1st. The Council also Page 1590 January 5, 1982 acknowledged receipt of the League of Minnesota Cities 1982 Policy Proposals. CRAY RESEARCH The Council acknowledged and discussed a memo from the Code ADDITION Enforcement Officer relative to a request from Cray Research for approval of an addition to the Cray Research facility in the industrial park. Public Works Director Danielson advised the Council that all the requirements stipulated in the Code Enforcement Officer's memo, which are repair of the lift station road, storm sewer easement, and details on manhole construction proposed on the west side of the Cray Research property, have all been met. He further advised the Council that the architectural design of the new addition will be the same as the design of the existing structures. Mr. Dennis LaFrance, representing Cray Research, showed an architectural rendition of the proposed addition, and advised the Council that Cray Research has submitted a letter stipulating that all the conditions stated in the Code Enforcement Officer's memo will be met, including maintenance and repair of the lift station access and the granting of the easement. After a brief discussion Councilman Mertensotto moved approval of the application for construction of a second addition to the Cray Research facility, subject to compliance with all conditions set forth in the Code Enforcement Officer's memo dated December 29, 1981. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 COMMISSION Mayor Lockwood noted that one of the terms due to expire on APPOINTMENTS the Park Commission is that of Commission Chairman Tom Bayless. Mr. Bayless was present in the audience,.and advised Mayor Lockwood that he would be willing to serve an additional term on the Commission. Councilman Losleben moved that Tom Bayless be reappointed to the Park Commission, his term to commence February 1, 1982, through January 31, 1985. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Mayor Lockwood advised the Council that he will contact the other Planning and Park Commission members whose terms are due to expire, to see whether they would be interested in continuing on the Commissions. ACTING MAYOR Mayor Lockwood moved that Councilman Charles Mertensotto be appointed acting Mayor for 1982. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Page 1591 January 5, 1982 HEALTH OFFICER Mayor Lockwood advised the Council that he has talked to Dr. Thaddeus Chao to see whether he would be interested in continuing as the City's Health Officer. He advised that Dr. Chao has volunteered to continue in that capacity. Mayor Lockwood moved that Dr. Health Officer for 1982. Councilman Losleben seconded Ayes: 5 Nays: 0 Thaddeus Chao be appointed the motion. LEGAL NEWSPAPER The Council acknowledged letters from the Sun Newspapers and the Dakota County Tribune, expressing interest in being appointed as the City's legal newspaper for 1982. Councilman Losleben moved that the Sun Newspapers be appointed as the City's official newspaper for 1982. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 FEASIBILITY HEARING, Mayor Lockwood opened the meeting for the puraose of a public AMESBURY EAST hearing on proposed sanitary sewer, water, street and drainage ADDITION improvements to serve the Amesbury East Addition and adjacent areas. Mayor Lockwood advised the audience that the McNulty Construction Company, developers of Amesbury East, petitioned for public improvements. He noted that the Council, after receiving the petition, directed the City Engineer to prepare a feasibility study to consider various improvements. At that time, the Council felt that it would be wise to consider, in the feasibility study, a complete project which would include construction of Mendota Heights Road and Huber Drive, along with extension of the utilities along Huber Drive, so that the Council could then determine whether a total project at this point, rather than at some future time, would result in substantial cost savings. He then turned the meeting over to Administrator Johnson for review. City Administrator Johnson gave the Council a history of the proposed project. He advised that the City Engineer has prepared a feasibility study which includes a basic plan to serve the proposed plat with utilities through the King property along with MSA construction of a portion of Mendota Heights Road which would serve the platted area and an alternate plan. He pointed out that at preliminary discussions during platting, the City Council discussed the need for a watermain extension to the City's water tank, Mendota Heights Road up- grading which will be necessitated for future 1-494 construction, and the extension of Huber Drive, including sewer and water mains, and that the alternate addresses these.concerns. He pointed out that the storm sewer work would be approximately the same under both the basic plan and the alternate. He advised that the estimated cost for the basic plan is $800,000, and that the estimated cost for the alternate is $1,500,000. Mr. Johnson advised the Council and audience that the notices of the public hearing had been published in the legal newspaper and copies mailed to all potentially affected properties, Page 1592 January 5, 1982 Administrator Johnson advised the Council that staff members and legal and fiscal advisors had met since the preparation of the feasibility study to discuss the proposed project along with cost figures. He advised the Council that both the City Attorney and financial advisor expressed concerns for the alternate project. As the result of the staff meeting, the City Engineer prepared a revised cost apportionment based on the basic scheme, reapportioning the cost of the basic plan. Administrator Johnson distributed copies of the revised cost apportionment to the members of the Council. Administrator Johnson advised the Council that an information session.has been conducted with owners or representatives of the private properties south of Amesbury East and with the McNulty Construction Company representatives. He advised that at that meeting the participants were advised that staff would not recommend any assessments on the development south of Amesbury. He noted that staff has not prepared a similar cost reapportionment for the larger project, however he noted that such information could be prepared should the Council determine that there should be additional consideration on the alternate. Administrator Johnson noted that the King property is currently in the Green Acres classification and therefore any new assess- ments must be deferred until the status of the property changes. Mayor Lockwood asked for questions and comments from the Council and audience. Administrator Johnson advised that water coming down Huber Drive would be a repetition when it is installed at some future time, however the sewer and storm sewer construction to serve Amesbury must be done in the manner presented in the feasibility study under either scheme. Councilman Mertensotto asked what would happen in the future if the four residential lots south of the plat were to request utilities. Engineer Kishel stated that the property owners could connect to the utility systems at some future point and would at that time be required to pay an assessment. Councilman Losleben felt that it would be poor planning to con- tract the basic plan when the construction of 1-494 east, which will begin in 1983, will necessitate Mendota Heights Road and utility construction. Councilman Mertensotto felt that it would not be practical to construct the water line through the King property when it will be necessary to extend the system along Huber Drive at some future time. Dr. Owens stated teat it is true that the City must run the sewer where it is proposed, regardless of which plan is approved, because of the land terrain. He further stated that when the Delaware Crossing improvements were installed, his property was assessed for the trunk sewer line, and his property was also assessed under the major trunk sewer project several years ago. He felt that the property owners to the south of the Amesbury PUD should bear some share of the cost. Page 1593 January 5, 1982 Mr. Michael Kennedy, 2567 Delaware, one of the property owners south of the plat, pointed out that his property was also assesses under both the Delaware Crossing and trunk sewer projects, and did not feel he should be assessed under this project. City Engineer Kishel stated that wherever property is developed in the City, the development pays the cost for the improvements. He pointed out that if the private property owners south of the plat ever hook into the utility systems they could then be assessed. He further pointed out that the proposed trunk line charge is a sharing of the cost of the oversizing needed to serve the PUD and undeveloped areas. Mr. Tom Malachway, 515 Blue Gentian Road, stated that he also paid for trunk sewer and Delaware Crossing assessments in past years. Councilman Losleben felt that if the larger project is not done at this time, it will necessitate redoing improvements at a later date. He suggested that the matter be continued to January 19, for more information on cost apportionment on the alternate. Councilman Mertensotto asked Mr. McNulty if the developers are planning on collecting the assessment costs, and reimbursing the City at that point, as part of the sale price of the units. He pointed out that the City will need the advance payment on the assessments, from the sold units, in order to finance the project for the first three years. He pointed out that if financing is not available at the beginning, some.part of the assessments would need to be carried on.debt service, and strong consider- ation would therefore be given to the selection of project scheme. Mr. McNulty stated that it is the intent of the developers to collect assessments as part of the purchase agreement, and that if the complete project is not done at this time, the purchasers will be advised of the potential for future assessments Mr. Larry Laukka, owner of a large parcel of undeveloped property adjacent to the Amesbury site, stated that he has read the original feasibility study and studied both alternatives, along with his partner, Mr. Warren Beck. Mr. Laukka stated that the basic plan serves the McNulty property very well, and that the larger project would be a little premature for the Laukka property. He stated that he would prefer not to be faced with large assessments which would force the development of his property at this time. He noted that the basic plan would ultimately serve his property, provided the right-of-way for Mendota Heights Road and Huber Drive are acquired at this time so that eventually sewer, water and street systems can be completed. He stated that acquisition of the right-of-way and utility easements now, along with completion of the basic plan, would give him time to determine what development is most proper for his property, and that once a development plan is drawn for his property, he would then petition for and pay the Page No. 1594 January 5, 1982 cost of necessary improvements. He pointed out that he underst:auds the Council's concerns about the impending 1-494 construction and need for water line extension at that time, but felt that any extra costs necessitated by a possible duplication in the water line extension at a future time would be less costly to his property than bearing the annual cost of the large project at this time. He stated that he would be willing to dedicate now whatever right-of-way the City would need for future Mendota Heights Road so that the City could install the street and services necessary at some time in the future. He strongly suggested that the Council approve the basic plan and acquire the easements for Huber Drive at this time. He felt that if the properties to the south of the PUD area are not assessed under the project, his property should also not be assessed under the basic project. He also felt that it was unfair for the King property to be held in Green Acres when part of the property is in fact a part of the development. He felt that the King property should sustain its own assessments and that the City should resolve the issue of Green Acres. Mr. Laukka stated that he and his partner support the development and that they are willing to pay a fair share on either plan, but feel that the basic plan is the most appropriate at this time. Mr. Tom Malachway, 515 Blue Gentian:.Road, stated that he has owned and resided on his property since 1967 and there was no development at that time. He pointed out that it is natural for people to acquire large areas of land and develop that property, but that he should not have to assume the costs required for public improvements every time some development occurs near his property. He stated thaC:he does not need the utilities, that his on-site utilities serve his property well, and suggested that the public improvements should be costed out against the development itself. He stated that the Council, if he is assessed, would be asking him to subsidize the Amesbury development at the rate of $12,000 under the basic plan, and yet have no improvements to serve him, while the units within the development would only be paying $7,500. Mr. Malachway stated that if he ever chooses to divide his property, he would have to bear the costs for utility extension, and would pass those costs on to his future buyers, and felt that this approach should be taken with regard to assessing the Amesbury structures. Councilman Losleben stated that the private properties will receive some benefit because their utilities will become avail- able to those properties. He stated that from a total community planning standpoint, if the Council decides to utilize the basic plan, he did not believe the Council would be doing a good job of tying the utility and street systems together. Mr. Laukka stated that the Council is.confronted with safety problems with public safety units servicing Amesbury. He suggested that if the right -of -way for Huber Drive and pressure for vehicular access is exerted, the street could be put in at that.time. He noted that he believes that he will be presenting a development plan for his property within the next 24 months, and that he does not argue against the total plan, but that he does not really want to see it done at this time. Page 1595 January 5, 1982 Councilman Mertensotto pointed out that if Mr. Laukka is intend- ing to develop his property in the next two to three years, it would be wise to approve the large alternative at this time, since it would save a good deal of money to do the project now rather than to delay a portion of the project to the future. He suggested that perhaps the Laukka assessment payment could be deferred for three years, with the first payment to be due in the fourth year. City Administrator Johnson advised the Council that the large project would, as proposed in the feasibility study, include the construction of both Huber Drive and Mendota Heights Road to MSA standards, with concrete curb and gutter, and that the associated costs are included in the $1.5 million estimate. Councilman Losleben asked that a staff study also be made on extending the utilities south through the residential properties, so that there be no future problems in providing services. As the result of the discussion, the Council directed the City Engineer to prepare specific cost estimates on the differences between the costs of the basic plan and the alternate plan, incorporating staged, rather than full construction of the MSA streets. There being no further questions or comments from the audience, Councilman Losleben moved that the hearing be continued to January 19, at 7:30 P.M. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Lockwood called for a recess at 9:27 o'clock P.M. The meeting reconvened at 9:41 o'clock P.M. PARK AND RECREATION Mr. Bob Doffing, a member of the Park and Recreation Commission MATTERS updated the Council on details on rink maintenance and on the County Park Trails system proposed agreement. Mr. Doffing advised the Council that the proposed Trails agreement with Dakota County would require, among other things, that the City sweep the trails three times a year, along with a considerable amount of maintenance. He stated that the Commission believes the City should maintain trails in the same manner as it maintains the streets. He indicated that the agreement, as it is proposed by Dakota County, is not acceptable to the Commission. As the result of the discussion, staff was directed to advise Dakota County that the City will not approve the agreement as proposed, in that the Council has a number of questions and believes more discussion and details are required. PARK COMMISSION Mr. Doffing advised the Council that the Park and Recreation MEETINGS Commission, at its last meeting, recommended to the Council that the regular monthly commission meeting be changed to the second Tuesday of each month, rather than the fourth Tuesday of each month. Page 1596 January 5, 1982 Councilman Mertensotto moved that the Park and Recreation . Commission be authorized to change its meeting date from the fourth Tuesday to the second Tuesday of each month, commencing with the month of February, 1982. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Administrator Johnson advised the Council of a MAC meeting to be held at 7:30 P.M., on January 13th, in the Mendota Heights Council Chambers. The Council acknowledged receipt of a memo from Police Chief Thul to Officer David Olmstead commending him for his actions in apprehending a burglar. CABLE TV The Council acknowledged receipt of a Handout memo and proposed Resolution relative to a Joint Powers Agreement on Cable television service. Administrator Johnson advised the Council that the City of Inver Grove Heights and the City of Sunfish Lake both approved and authorized execution of this agreement. He suggested that the Council table any discussion to January 19, at which time the attorney for the Northern Dakota County Cable Commission could be present to give the Council a presentation on the matter. Further discussion was tabled to January 19th. PLEDGE OF Councilman Losleben moved approval of the list of pledged SECURITIES securities submitted by Treasurer Shaughnessy and dated December 31, 1981. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 DEPOSITORIES Councilman Losleben moved the adoption of Resolution No. 82-02, "RESOLUTION ESTABLISHING 1982 CITY DEPOSITORIES OF FUNDS". Councilman Mertensotto seconded the motion. Ayes; 5 Nays: 0 INTERCEPTOR On the recommendation of Public Works Director Danielson, MAINTENANCE Councilman Losleben moved the approval of the Metropolitan AGREEMENT Waste Control Commission Interceptor Maintenance Agreement #130, and authorization for its execution by the appropriate City officials. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 MARIE AVENUE Mayor Lockwood moved the adoption of Resolution No. 82-03, "RESOLUTION REQUESTING A VARIANCE TO THE MSA STANDARDS FOR MARIE AVENUE (VICTORIA TO LEXINGTON)", and requesting a variance to allow construction of the segment of Marie Avenue at a width of 44 feet rather than the 46 feet required by MSA standards. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Page No. 1597 January 5, 1982 DUPONT ADDITION Public Works Director Danielson advised the Council that Mr. IMPROVEMENTS Michael DuPont has submitted a developer's agreement and had the first half of the Dark contribution required under the platting regulations, and had in the past petitioned for public improvements to serve the DuPont Addition. He recommended that the Council establish a public hearing to be held on February 2nd to consider the feasibility study on proposed improvements for the plat. Councilman Hartman moved adoption of Resolution No. 82-04, RESOLUTION ACCEPTING REPORT AND CALLING FOR A HEARING ON DUPONT ADDITION IMPROVEMENTS (IMPROVEMENT NO 81, PROJECT NO. 8)", calling for a public hearing on February 2nd, at 8:00 P.M. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 NORTHLAND DRIVE City Engineer Kishel reviewed his memo recommending that the IMPROVEMENTS Council approve a changeorder to allow the delay of the installation of curb and gutter and gravel base required under the project. He noted that because of the early snowfall and cold weather, it was not possible for the contractor to complete the work without risking damage to the finished street surface and curbing, and therefore recommended that the Council thereby choose not to invoke the liquidated damages portion of the contract. Councilman Losleben moved the approval of Changeorder No. 1, for the Northland Drive/Transport Drive Improvement project, Improvement No. 81, Project No. 6. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 MAC PROPERTY City Engineer Kishel reviewed the feasibility study on proposed FEASIBILITY STUDY utility and street improvements to serve the M.A.C. property, in particular as they relate to the proposed Mn/DOT site within the MAC area. There was considerable discussion over the advisability of considering the installation of public improvements in advance of platting of the area. As the result of the discussion, Engineer Kishel was directed to contact the MAC officials, advising them of the Council's concern and the need for a financial commitment,to assessments from Mn/DOT. Mr. Kishel was also directed to prepare information on estimated costs for construction which would be designed to serve only the Mn/DOT facility at this time. ADJOURN There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:14 o'clock P.M. Page No. 1598 January 5, 1982 6,- -;;Ih- "ze,-arc,n ",—/ YAthleen M. Swanson City Clerk ATTEST: R6�VX,� / 07r�" Robert G. Lockwood Mayor