1981-10-06 Council minutesPage No1548
October 6, 1981
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
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, Councilmen Hartmann and Mertensotto and
Councilwoman Witt. Councilman Losleben had notified the Council that he would be
late, and arrived at 7:40 P.M.
FIRE DEPARTMENT
Ayes: 5
Nays: 0
The Council acknowledged receipt of a letter from Fire Chief
Arnold Siebell expressing his desire to resign from the
Volunteer Fire Department effective January 1, 1982. The
Council members accepted the resignation with regret,
acknowleding that Chief Siebell has served the City as a
member of the Volunteer Fire Department since 1950.
Councilman Mertensotto moved to accept Fire Chief Siebell's
resignation as of January 1, 1982, acknowledging Chief
Siebell's 31 years of service and commending him for the length
and quality of his service and the dedication exhibited during
those many years on the Department.
The Council members acknowledged that they have been aware for
some time that Chief Siebell has been considering retiring
from the Department and that Councilman Mertensotto had been
delegated to survey the situation and assess the feelings of
the department relative to a choice of potential successor.
The Council was advised that by Ordinance, the Council has
the authority to appoint the Fire Chief and Assistant Chief.
Councilman Mertensotto advised the Council that while
authority for appointment of the officials rests with the Counci
the Volunteer Fire Department members have by practice elected
the Chief, Assistant Chief and other officers at the
department's annual meeting. He recommended that the Council
appoint the Chief and Assistant prior to the October annual
department meeting so that the department members may have
the benefit of knowledge of the appointment prior to the
departmental elections.
Councilman Mertensotto advised the Council that he has spoken
with several members of the department as well as with Chief
Siebell and Assistant Chief. Peterson relative to their
thoughts on appointment of a successor. On the basis of
these conversations •and his his own observations,
Councilman Mertensotto recommended that Leroy Noack be
appointed to serve as Fire Chief at such time as Chief Siebell
retires, for calendar year 1982. He stated that Mr. Noack
•exhibits good judgment, has good experience with the
department and a good rapport with members of the department.
Councilman Mertensotto stated that he has contacted Mr. Noack
relative to appointment and that he has indicated he would
accept the appointment. Councilman Mertensotto also
Ayes: 5
Nays: 0
HALLOWEEN BONFIRE
Ayes: 5
Nays: 0
UTILITY REQUEST
Ayes: 5
Nays: 0
Page 1549
October 6, 1981
recommended that Assistant Chief Peterson be reappointed
to that position for calendar year 1982.
After discussion, Councilman Mertensotto moved that Leroy
Noack be appointed as Fire Chief of the Mendota Heights
Volunteer Fire Department effective on January 1, 1982, for
calendar year 1982, and that Dale Peterson be reappointed
Assistant Fire Chief for calendar year 1982.
Councilman Losleben seconded the motion.
The Council acknowledged a letter from Mr. Russell Wahl
requesting approval to conduct the annual Halloween
bonfire on October 31st from 7:30 to 9:30 P.M.. Mr. Wahl
also requested that the Council appropriate $225.00 to
cover the cost of refreshments and authorize City staff
to assist in preparation for the event.
Councilman Losleben moved approval of a maximum $225.00
allocation for conduct of the annual Halloween Bonfire along
with authorization for staff assistance in preparation for
the activity.
Councilman Hartmann seconded the motion.
The Council acknowledged a letter from Mr. Jerry Stotts,
Vice President of the L.C.S. Company, requesting extension
of sanitary sewer to serve the company's structure at 1480
Sibley Memorial Highway.
Public Works Director Danielson stated that the firm is not
currently served with sewer and water and is experiencing
problems with its private septic system. He stated that staff
has recently looked at the length of the extension in
conjunction with the development of the MAC property and
suggested that the portion of trunk sewer from Mendota Heights
Road to LCS could be constructed in advance of the extension
to the MAC site. Engineer Kishel stated that a study was
prepared in 1978 in response to a similar request from the
firm but the project was not initiated because the LCS
representatives felt the cost was too great. He noted that
the study was prepared prior to discussions over development
of the MAC area.
Council members asked several questions relative to
the alignment of future T.H. 13 and the availability
of water to the site.
After discussion, Mayor Lockwood moved the adoption of
Resolution No. 81-73, "RESOLUTION ORDERING PREPARATION
OF REPORT ON SANITARY SEWER EXTENSION " subject to receipt
of a formal petition and engineering escrow.
Councilman Losleben seconded the motion.
CONSENT
CALENDAR
Ayes: 5
Nays: 0
APPROVAL OF MINUTES
Aves: 4
Nays: 0
Abstain: 1-Mertensotto
Ayes: 5
Nays: 0
CONTINUED HEARING -
( ) AMESBURY EAST
Page No. 1550
October 6, 1981
Councilman Losleben moved approval of the following consent
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 October 6, 1981 and totalling
76,484.01.
2. The granting of licenses to the following:
Astro Masonry
D&V Trucking & Excavating, Inc
Southview Sanitation
Landesignj.Inc.,
Ryan Construction Company
of Minnesota, Inc.
Al Sieben Construction ,
Summerhill Construction, Inc.
Tucs Construction Co., Inc.
Wanless Construction Co.
L & M Roofing Company
Concrete License
Excavating License
Excavating License
General Contractor License
General Contractor License
General Contractor License
General Contractor License
General Contractor License
General Contractor License
Roofing License
3, Acknowledgement of the following communications:
,Code Enforcement Officer monthly report for September,
Planning Commission minutes, September 22, 1981,
Planning Commission minutes, September 29, 1981, Park
• Commission minutes, September 22, 1981.
Councilwoman Witt seconded the motion.
Councilman Hartmann moved approval of the corrected minutes
of the Augu st 18th meeting.
Mayor Lockwood seconded the motion.
Councilwoman Witt moved approval of the minutes of the
September 1st meeting.
Councilman Losleben seconded the motion.
Mayor Lockwood opened the meeting for the purpose of a public
hearing on an application from McNulty Construction Company
for a P.U.D. for Amesbury East. The Council acknowledged a
memo from the City Administrator relative to the status
of density (and rezoning), park contribution and public
improvement details.
Mr. Ron Erickson, architect for the development, stated that
the applicants have met with the Planning Commission at a
public hearing to discuss their applications for Zoning
Ordinance amendment to create an R-1B District along with
the proposed rezoning of the development site. He reviewed
the revised development proposal for the Council and audience,
and also discussed the matter of park contribution. He
Page 1551
October 6, 1981
stated that although the developers have not formally
discussed the park contribution with the Park Commission,
the developers feel that the amount informally requested
is too high. He also advised that the developers are
requesting the.rezoning of the entire parcel, without
exclusion, while the Planning Commission hearing notice
excluded one of the existing homesites.
Planning Commission member Sandy Butler, present for the
discussion, advised that the action of the Commission
on September 29th was to recommend the rezoning of the
entire site. City Attorney Winthrop advised the
Council that since all owners of property within 350 feet
of the proposed rezoning had been notified of the Planning
Commission hearing, the Council could conduct a public
hearing for the rezoning of the entire site if the hearing
notice is corrected for publication and mailing prior to
the Counbil hearing.
Park Commission Chairman Tom Bayless, also present for the
discussion, advised the Council that the Commission had
discussed the park contribution requirement at its
September 22nd meeting and had adopted a resolution
based on a recommended $1,000 per unit requirement. He
advised the Council that the Commission believes there is
a greater need for acquisition of a portion of the School
District property adjacent to Friendly Hills than there is
for a neighborhood park to serve the Amesbury site.
Councilman Mertensotto stated that the developers should work
out park contribution details with staff. He pointed out
that the City currently requres a contribution of $600 per
lot or 10% of the raw land value in lieu of a land dedication.
Councilman Losleben stated that if the Council considers
the rezoning, it should also require the dedication of
right-of-way for Huber Drive and Mendota Heights Road as part
of the platting process. He also asked why the Council
should rezone the entire site when the developers only plan
now to develop a portion of the property with development
of the northern portion to be considered later.
Mayor Lackwood-usked_fok'questions and comments from the
audience.
There being no questions or comments, Councilman
Hartmann moved that the hearing be continued to
8:30 P.M. on November 3rd.
Councilman Losleben seconded the motion.
Staff was directed to correct the rezoning hearing notice
to include the homestead which was incorrectly excluded from
the Planning Commission notice.
CASE NO. '81-3,
KRAJNIAK
Ayes: 5
Nays: 0
FINAL PLAT, OAK POINT
Ayes: 5
Nays: 0
CASE NO. 81-27, THERA
Page No. 1552
October 6, 1981
City Attorney Winthrop stated that the Krajniaks' attorney
has advised him that the drainage easement required by the
Council is forthcoming but not available this evening. He
stated that the attorney requested approval of the wetlands
permit subject to the granting of the required easement.
The Council also acknowledged a letter from Russell Wahl
to clarify that he has not requested a wetlands permit
for his property adjacent to the Krajniak property.
Administrator Johnson recommended approval of the permit
subject to receipt of the easement along with the
reimbursement by the applicant of City expenses incurred
as part of the wetlands application processing.
Councilman Mertensotto moved approval of a wetlands permit
for 535 W. Marie Avenue conditioned upon receipt of the
appropriate drainage easement at no cost to the City and
reimbursement of all costs incurred by the City in the
processing of the application.
Councilman Losleben seconded the motion.
In response to concern expressed by Mrs. Jane Zaspel that
the easement might not be granted in time to allow drainage
correction this year, Attorney Winthrop stated that he would
contact the Krajniak attorney for permission to proceed
if the easement is not submitted in a timely manner.
Mr. Ted Van was present to request approval of the final
plat for q: Oak Point Addition. Public Works Director
no ed
DanielsonAt at the plat complies totally with the preliminary
plat approved by the Council.
After discussion, Councilman Hartmann moved the adoption
of Resolution No. 81-74, "RESOLUTION APPROVING FINAL PLAT
FOR OAK POINT," subject to receipt of the appropriate park
contribution.
Mayor Lockwood seconded the motion.
Mrs. Jeanette Thera was present to request approval of the
division of a part of Lot 7, Vandall's Outlots (1397 Clement
Avenue). Mrs. Thera stated that if the application is
approved, she will either sell both the new lot and the
existing homesite or will build on the new lot and sell the
other. She advised that the existing driveway will be removed.
Administrator Johnson pointed out that the Public Works
Director's report indicated that an old foundation appears
to encroach on the First Avenue right-of-way. He recommended
that the subdivision approval be conditioned upon removal
of the foundation if it does constitute an obstruction of
the right-of-way.
Ayes: 5
Nays: 0
CASE NO. 81-38,
GUYER WETLANDS PERMIT
Ayes: 5
Nays: 0
1982 LEVY
Ayes: 5
Nays: 0
PARK MATTERS
Page No. 1553
October 6, 1981
After discusion, Councilman Mertensotto moved approval of the
preliminary plat as proposed, including front yard width
variances, all as shown on the certificate of building location
dated May 18, 1973.'
Councilman Hartmann seconded the motion.
Mrs. Thera was advised that a $600 park contribution would
be required at the time of final plat approval.
Mr. Reynolds Guyer was present to request approval of
( )
a wetlands permit to allow installation of a septic
system at 654 Wentworth Avenue 100 feet from a wetlands
area. Mr. Guyer stated that he had originally submitted
site plans which indicated that the system would be located
outside of the wetlands area. He was advised by his
contractor that the location now proposed would be preferable
for percolation and would be less costly. Public Works
Director Danileson confirmed that the location of the drain
field 100 feet from the wetlands would be a better location
that the earlier •proposal since it would not entail
pumping to a higher elevation as the earlier proposal would.
He also confirmed that the new location would have no
greater impact on the wetlands than if it were located at the
150 line.
After discussion, Councilman Hartmann moved that the wetlands
permit be approved as presented.
Councilwoman Witt seconded the motion.
Administrator Johnson reviewed the proposed 1982 Levy Resolution
for the Council and advised that it reflects a 7.91% increase
over the prior year. He advised that the School District
anticipates a 6.3 mill increase while the County anticipates
a .7 mill increase.
Mayor Lockwood moved the adoption of Resolution No. 81-75,
"RESOLUTION APPROVING 1981 LEVY COLLECTIBLE IN 1982."
Councilman Mertensotto seconded the motion.
Park Commission Chairman Bayless advised the Council of the
Commission's concern over the need to acquire a portion
of the School District property adjacent to Friendly
Hills and asked the Council to take a positive position ( -)
on the Commission's resolution.
It was the concensus of the Council that, in conjunction
with the proposed McNulty P.U.D. and in agreement with the
goals and objectives of development of the entire area, the
City Council determined that it is desireable to acquire
a portion of the School District property. The Council
expressed its agreement with the Park and Recreation
Commission resolution, and in order to take a positive
Page 1554
October 6, 1981
step towards accomplishing the park plan contained in
the Comprehensive Plan, appointed Councilman Losleben and
Park Commission Chairman Bayless to research ways of
financing such acquisition.
NORTHLAND DRIVE RAILROAD The Council acknowledged a memo and proposed resolution
CROSSING from Administrator Johnson relative to initiation of a
public hearing by the Office of Railroads, Ports and
Pipeline Adtinistration to consider installation of a
railroad crossing as part of the Northland Drive improvement
project.
Ayes: 5
Nays: 0
ENGINEERING SERVICES
Ayes: 5
Nays: 0
LILYDALE HI-RISE
Councilman Losleben moved the adoption of Resolution No. 81-76,
"RESOLUTION REQUESTING INITIATION OF RAILROAD CROSSING HEARING.
Councilwoman Witt seconded the motion.
The Council acknowledged a memo from Administrator Johnson
relative to the establishment of an engineering enterprise
fund along with several major details necessary in order
to establish in-house engineering services, including
office remodeling, telephone service expansion, equipment
purchase and employment of personnel.
Councilman Mertensotto moved the adoption of Resolution
No. 81-77, "RESOLUTION ESTABLISHING ENGINEERING ENTERPRISE
FUND," and authorizing the transition of engineering
services in accordance with details included in the
Administrator's memo and proposed 1981 budget.
Councilman Hartmann seconded the motion.
Councilman Mertensotto expressed concern over the concerns
stated by residents at the September 15th meeting relative to
the granting of a sanitary sewer extension to the proposed
10-story hi-rise on T.H. 13 in Lilydale. Councilman Mertensott(
reminded the Council that the residents had expressed concerns
over both traffic safety and aesthetics. He pointed out
that the Council has at this time only requested a $30,000
sewer hook-up charge of the development while the Mendota
Heights tax-payers must bear all of the cost of system
overhead. He felt that the development should bear a greater
responsibility since the $30,000 reflects only an equivalent
assessment and does not reflect on-going costs for the
City's sanitary sewer system. He suggested that the cost
for connection, if the connection is approved, should be
at the rate of $30,000 for a 7 story structure to a full
rate of $90,000 for a ten-story structure. He pointed out
that the charges in excess of $30,000 could then be used
to help defray costs in the Utility Enterprise and Engineering
Enterprise funds. He noted that the City expends $30,000.
to $40,000 per year for the sewer debt service and will
realize no debt service levy income from the Lilydale site.
He also noted that by reducing the size of the structure from
ten to seven stories, the traffic impact and aesthetic
impact would be reduced.
MISCELLANEOUS
Page No.1555
October 6, 1981
Councilman Hartmann advised that while he and Councilman
Mertensotto have been acting as a Council committee to resolve
Fire Relief Association bylaws issues, no resolution has yet
been accomplished.
ASSESSMENT CORRECTION The City Clerk briefly reviewed her memo on the correction
of assessments attributable to the Mendakota Country Club.
ADJOURN
Ayes:5
Nays: 0
There being no further business to come before the Council,
Councilman Hartmann moved that the meeting be adjourned.
Councilman Losleben seconded the motion. (--)
Time Of.Adjournment: 10:36 o'clock P.M.
ATTEST:
*
01
Robert G Lockwood
Mayor
actootIve..e"--/
K thleen M. Swanson
City Clerk