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1982-03-02 Council minutesPage No. 1618 March 2, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 2, 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, Council Members Hartmann, Mertensotto and Witt. Councilman Losleben had notified the Council that he would be out of town. MN/DOT FACILITY Mr. Keith Shannon, Mn/DOT District Hydraulics Eng1heer reviewed proposed drainage, parking and storm sewer plans for the Mn/DOT maintenance facility proposed to be constructed in the MAC area. Mr. Shannon stated that since the City's storm sewer will not be available until after construction of the proposed facility, temporary provisions for drainage have been made in the drainage plans. He requested that the Council approve a wetlands permit application based on the proposed drainage plans. Mayor Lockwood pointed out that the area of the Mn/DOT site which is shown as -a wetlands area on the City's wetlands map is really a gully on the north side of the property, and the granting of. a wetlands permit is just a technicality. There were several questions regarding the drainage plans, and in answer to a question on the storage yard, Mr. Shannon advised that the area will be blacktopped. After discussion, Councilman Hartmann moved to grant a wetlands permit for the pr6posed.MN/DOT facility site and that, in view of the minor consequence to the wetlands system, the public hearing requirement be waived. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 MAC PETITION The Council received and discussed a letter from the Metropolitan Airports Commission petitioning for the vacation of streets located within the MAC site (Gardenville and South Lane Additions). Councilman Mertensotto moved that a public hearing be established for 8:00 P.M., April 6th, pursuant to the petition from MAC for the vacation of dedicated roadways within the Gardenville and South Lane Additions. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 Page No. 1619 March 2, 1982 MN/DOT FACILITY Mr. Don Engsten, Mn/DOT Landscape Architect, reviewed the landscaping plan for the proposed Mn /DOT facility site. He explained that the plan will involve the informal grouping of shade trees and evergreens throughout the site along with specimin half-trees around the building. He stated that the site will be surrounded with chain link security fencing covered with river bank grape vine. Mr. Wayne Murphy4 from Mn/DOT, pointed out that the plantings will be a mix of nursery stock and transplants. In response to concerns expressed by the Council.about the chance that some of the transplants might not take, Mr. Murphy advised that Mn/DOT fully intends to take care of the plantings and replant those which do;,not survive. As part of the discussion, the Council directed that the City Administrator determine whether a developers agreement to insure the replacement of transplants and other requirements is necessary as'part of the building permit approval process. Public Works Director Danielson reviewed his memo addressing the site plan. He pointed out that one item in the report relates to the signing, and suggested that it would be prudent for Mn/DOT to be prepared to address both the sign location and design at the time building permit approval is requested. After discussion, Councilwoman Witt moved to approve the issuance of a foundation permit for the proposed Mn/DOT maintenance facility. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 HEARING -- Mayor Lockwood opened the meeting for the continuation of the AMESBURY EAST public hearing on proposed public improvements to serve the IMPROVEMENTS Amesbury East P.U.D. and adjacent areas. Administrator Johnson reviewed the February 2nd Council discussion, noting that the general-concensus was that,the underground utilities should stop short of the four developed parcels south of Amesbury East and that Amesbury East should assume the storm sewer costs originally proposed to be assessed against those parcels. He also reminded the Council and audience that a 24 foot surface for Mendota Heights Road was also agreed upon in order to reduce the project costs. The country-style construction will extend 800 feet west from Delaware Avenue. Mr. Johnson advised that staff has met with the Kings and that they.have agreed to pay all annual interest on their proposed $133,000 share of the utility construction costs, while their property remains under the Green Acre status. He further advised that Mr. and Mrs. King have submitted a letter to the City Attorney relative to assumption of the interest. Financial Advisor Shaughnessy advised that on the..basis that the King's will submit the annual interest on their assessments along with annual principal and interest by McNulty Construction for each unsold lot and full assessment payment on.each unit when it is sold, the project can be financed. He noted that when Page No. 1620 March 2, 1982 the King property changes from Green Acres to assessable status, the principal -assessment ,due to date will be payable but all accrued interest will have been paid. Mr. Shaughnessy also pointed out that the one acre on which the King home is located is assessible and not eligible for Green Acres and the King s should acquire a separate property tax identification for it. Public Works Director Danielson advised the Council that staff has met with representatives of Laukka, owners of the property west of Amesbury East, and that they are supportive of the project and agree to their proposed assessments. Administrator Johnson pointed out that staff will.negotiate with Mr. and Mrs. King for the acquisition of Huber Drive right-of-way. Mr. Jim McNulty, of McNulty Construction Company, stated that because of current economic conditions, his firm is not ready to quickly move ahead with the Amesbury development. He further stated that he is optimistic and has good faith intent to proceed. He requested that the Council approve the project. Mrs. Michael Kennedy, 2567 Delaware, asked if her assessment would be deferred if she decided to connect to the utilities in the future, Mayor Lockwood advised that the Council has decided against assessing the properties south of the plat at this time because of the property owners objections but that if the utilities are extended in the future her property could then be assessed. Councilman Mertensotto pointed out that since the utilities will not be extended beyond the Amesbury south boundary, a separate project would be required if those southerly property owners petitioned for the public improvements. At that time, the project would need full funding and deferments could not be possible. Mrs. Kennedy stated that she is not opposed to the currently proposed project as long as her property is not assessed in the process. There being no further questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed at 8:47 P.M. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 AMESBURY EAST The Council acknowledged and discussed a memo from Public Works PUD, WETLANDS Director.Danielson advising .that-14.of.,.the.prop.osed Amesbury VARIANCES East.units-will requi�ce.we�lands-:variances,becausp- the units are proposed to be -constructed closer to the ponds than is allowed by the Wetlands Ordinance. Two units, numbers 27 and 28, will require variances because they are too near to a watercourse. Mr. McNulty explained that the footages requested in the variance application will be greater than will actually be necessary and only represent the extreme possibility, since the structures will be located towards the front of the lots. Page No. 1621 March 2, 1982 Public Works Director Danielson advised,the Council that staff recommends a minimum basement floor elevation of 858 m.s.l. and on that basis Lots 9, 10, 11 and 12 will require filling to keep the elevations at 858 or better. Councilman Hartmann moved approval of the requested wetlands permits in accordance with the Public Works Director's memo dated February 26, 1982, and based upon the following conditions: that the designed pond elevation be 853.5 m.s.l.; that no basement floor elevation be lower than 858 m.s.l.; and that the grading of Lots 9, 10, 11 and 12 be such that the basement floor elevation be at 858 m.s.l. or greater. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Mayor Lockwood moved the adoption of Resolution No. 82-23, "RESOLUTION APPROVING AMESBURY EAST PLANNED UNIT DEVELOPMENT". Councilman Hartmann seconded the motion. Ayes: 4. Nays: 0 :Councilman Mertensotto moved the adoption of Resolution No. 82-24, "RESOLUTION ORDERING IMPROVEMENTS FOR AMESBURY EAST SUBDIVISION AND ADJACENT AREAS", subject to receipt of a definitive agreement with the King's setting forth conditions relative to payment of annual accrued interest on assessments which will accrue to their property as the result of the improvement project. Councilman Hartmann seconded the motion.. Ayes: 4 Nays: 0 CABLE TELEVISION Cable TV Commission Chairman Dave Zemke was present to review a revised Cable TV Joint and Cooperative Agreement. Mr. Zemke pointed out the changes between the original agreement and the revisions incorporated into the agreement by the City of South St. Paul. Mr. Zemke responded to several questions and comments from the Council. In response to a concern expressed by Councilman Mertensotto, Mr. Zemke advised.that he will get further clarification on Section 4 relative to public hearing requirements. Mayor Lockwood moved that the amended Cable Television Joint and Cooperative Agreement dated February 23rd,;, , as amended be approved. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 1, Mertensotto AIRPORT NOISE Planner John Shardlow was present to review his memo on the status of the airport land use compatability study process. Mr. Shardlow gave the Council a brief overview of the current status and advised that the City has received a $12,000 grant from the Met- ropolitan Council to help defray the cost of past and a small amount of future City costs incurred during the airport planning process. He advised the Council that a series of delays, primarily at the-Metropolitan Council level have occurred since the adoption of the Northern Dakota County joint position statement and that a good deal of work remains to be done. " Page No. 1622 March 2, 1982 As the result of the discussion, the Council directed Mr. Shard- low to review future Metropolitan Council reports as they relate to the position statement and attend whatever meetings are necessary. 1-494 The Council acknowledged a memo from Administrator Johnson along with a draft letter to the Corps of Engineers relative to the City's position supporting Mn/DOT's plan to construct 1-494. Councilman Mertensotto moved that the letter prepared by the City Administrator setting forth the City's position with respect to 1-494 be submitted to the Corps of Engineers as evidence of the City's support of the Mn/DOT application for approval of 1-494 construction over the northern end of Schmidt Lake. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS The Council acknowledged a handout memo from the City Administrator regarding "Volunteer Week". TAX ANTICIPATION Financial.Advisor Shaughnessy distributed a tabulation of informal FINANCING bi& received for the purchase of $350,000 Tax Anticipation Cer- tificates. He advised that bids were received from Cherokee State Bank for a net cost of 10.20% and from the American National Bank and the First National Bank of St. Paul, each with a net rate of 9.20%. Mr. Shaughnessy stated that he had spoken to representatives of both of the latter bidders about the identical cost and they suggested that the choice be based on a coin toss. The Council concurred. Councilwoman Witt moved the adoption of Resolution No, 82-25, "RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $350,000 GENERAL OBLIGATION TAX ANTICIPATION CERTIFICATES OF 1982". Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 MARIE AVENUE Councilman-Mertensotto moved the adoption of Resolution No. 82-.26, UPGRADING "RESOLUTION HOLDING THE STATE OF MINNESOTA HARMLESS FOR GRANTING THE CITY OF MENDOTA HEIGHTS A.VARTANCE",.relative-to.the width of Marie Avenue from Lexington Avenue to Victoria Road. Councilwoman Witt sec-.onded the motion.. Ayes: 4 Nays: 0 City Engineer Kishel reviewed the plans and specifications-for the Marie Avenue upgrading project. He recommended that the .Council authorize submission of the plans.to the.Minnesota Department of Transportation-for their review and approval. .Councilman Hartmann moved approval of the Marie Avenue upgrading plans and specifications along with their execution by:Mayor Lockwood and authorization for submission of said documents to the State. .Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Page No. 1623 March 2, 1982 TRUNK SEWER Engineer Kishel recommended Council approval of an Agency RELOCATION Agreement which will provide for Mn/DOT reimbursement to the City of any City costs involved in the relocation of trunk sewer lines in connection with the construction of I-35E and 1-494. Councilwoman Witt moved the adoption of Resolution No. 82-27, "RESOLUTION APPROVING AND AUTHORIZING AN AGENCY AND CONSTRUCTION INSPECTION AGREEMENT AND CONTRACT FOR QUIT CLAIM DEED RELATIVE TO THE RELOCATION OF SANITARY TRUNK SEWER FACILITIES ADJACENT TO TH 35E AND TH 494 FROM MENDOTA HEIGHTS ROAD TO TH 110 (IMP. 79, PROJ. 13)". Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 I-35E Councilman Mertensotto moved the adoption of Resolution No. 82-22, "RESOLUTION EXPRESSING INTENT TO PURSUE I-35E PARKWAY CONCEPT IN MENDOTA HEIGHTS CONSISTENT WITH PARKWAY IN ST. PAUL". Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS Administrator Johnson advised the Council that William Sheehy had requested that discussion on his request for an off-sale liquor license be tabled to April 6th. LIQUOR In,response to a request from the Council, City Attorney Winthrop advised the Council on the legal prerequisites which must be met should the Council consider adopting regulations to allow private liquor sales in the City. The Council directed staff to prepare a report and draft ordinance for private liquor licensing. MISCELLANEOUS Mayor Lockwood moved to direct the City Attorney to take whatever action is necessary, including legal action, to collect the -un- remitted utility connection charges due to the City from Mr. Carmen Tuminelly and Ru-Car-Properties for the connection of the Tom Thumb/Pepino's structure on TH 13 to the City's utility systems. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF Councilwoman Witt moved approval of the minutes of the February MINUTES 16th meeting. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilman Hartmann moved approval of the consent.,-calendar as submitted for approval as.part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Approval of the list of claims dated March 2, 1982, and totalling $97,020.68. b. Approval of the issuance of licenses to the following: Page No. 1624 March 2, 1982 Kraus Anderson General Contractor City Clean=up Rubbish Hauler Twin City Vending (ComSery Corp). Cigarette License Twin City Vending (Mendota Hts. Std.) Cigaratte License Twin City Vending (ComSery School) Cigarette License C. Code Enforcement Officer's monthly report for February. d. Code Enforcement Officer's annual report for 1981. e. Planning Commission minutes, February 22, 1982. f. Adoption of Resolution No. 82-21, "RESOLUTION APPROVING FINAL PLAT FOR REPLAT OF BLOCKS 2 AND 3, IVY KEEP II". Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS Councilwoman Witt moved the adoption of Resolution No. 82-28, "RESOLUTION NOMINATING ORVIL J. JOHNSON FOR THE C.C. LUDWIG AWARD". Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilwoman Witt moved that the meeting be adjourned. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:30 o'clock P.M. I,lathleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor