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1980-09-16 Council minutesPage No. 1347 September 16, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 16, 1980 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, Losleben, Mertensotto and Councilwoman Witt. BUDGET Ayes: 5 Nays: 0 INDUSTRIAL REVENUE BONDS Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed 1981 Budget. Mayor Lockwood advised the audience that a summary of the proposed General Fund expenditures had been published in the legal newspaper as part of a public hearing notice. Administrator Johnson expressed his frustrations at trying to arrive at a balanced.budget request, advising the Council that anticipated expenditures of $3,235,480 exceed the anticipated revenues of $1,204-650 by $30,830. He also advised the CounCil on the status of proposed-State Aid cuts for 1981. Financial Advisor Shaughnessy discussed the anticipated mil rate for 1981 based on a maximum levy, and the associated tax impact. Mayor Lockwood suggested that the budget be prepared based on a compromise between a. reduction in services and an increase in the levy over 1980 as a response to State Aid cuts rather than just increasing the levy to the maximum allowed. The COuncil directed Mr. Shaughnessy to prepare a sample tax comparison between 1980 and 1981 levies based on revaluation information and a maximum levy. There being no questions or comments from the audience, Councilman Mertensotto'moved that the hearing be closed at 8:05 P.M. Countilman Losleben seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on a request from Carl A. Anderson, Inc. and Gayle Brodil for the issuance of $2.5 million in Industrial Revenue bonds. Mr. Hart Kuller, representing the applicants, Mr. Brodil, a representative of Carl A. Anderson, Inc., Mr. Lou Langer of Langer Construction Company, and James McKay, representing the current land-owner, were present for the discussion. Mr. Kuller stated that the applicant is seeking the Council's approval of a preliminary resolution to authorize up to $2.5 million in Page No. 1348 September 16, 1980 Industrial Revenue Bonds which would be used to acquire a parcel of property owned by Stanley Sell and located near the intersection of T.H. 55 and Mendota Heights Road. He-advised that the bonds would also be used to construct a 100,000 square foot office/ distribution building. He furtiler stated that the distribution center would also be used to house a school facility for employee training. Mr. Brodil stated:that the Carl Anderson Company was founded in Nebraska in 1913, and is the distributor of parts for Moto-Craft, Briggs & Stratton, Kohler & Tecumseh engines, and other firms. He gave the Council a brief history of the firm, and advised that the company has outgrown its current facility located in Eagan. .Mr. Langer and an associate reviewed the proposed site plan and elevations for the proposed facility. The Council was advised that the proposed structure:would cover approximately 23% of the seven acre site. He reviewed proposed temporary access which would serve as access until a permanent access.can be constructed after the construction of T.H. 494. He stated that there will be a 200 foot setback from T.H. 55, that the plan meets all building and zoning setback requirements, and that the parking proposal meets the zoning ordinance requirements. He briefly reviewed drainage information and the exterior finishing:of the structure. Members of'the Council asked whether the applicants had been advised of the processing fee and financing fee requirements, and directed that staff discuss the matter with the applicants. Councilman Losleben asked how much of the cost of the project would be.supported by the applicant: what equity would the owner have in the property and facility. He also asked several questions relative to inclusion of equipment costs in the proposed financing. There were no questions or comments from the audience. Councilman Mertensotto moved that the hearing be closed at 8:37 P.M. and further moved the adoption of Resolution No. 80-86, "RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT The Couhcil acknowledged receipt of the Fire Department REPORTS monthly report for August and the Code Enforcement monthly (-7) report for August. CABLE T.V. Mr. Dave Zemke, Chairman of the Cable Advisory Committee, was present to review the Committee's activities with the Council. Page No. 1349 September 16, 1980 Mr. Zemke stated that.his purpose in appearing before the Council is three-fold: tooadviSe the Council of Committee activities since appointment; to •review plans and objectives; and to ask for financial support for planned activities. He stated that the Committee has held monthly meetings and has invited representatives of the Minnesota Cable Communications Board, representatives of the Cities of St. Paul, West St. Paul and Rosemount to expand the Committee's understanding of cable television. Mr. Zemke advised theCouncil that the Committee visited Metro Cable, Inc. in Apple Valley and toured the facility to learn about services provided, charges, etc. The Committee has learned that cable t.v.: offersmany services-to a community . • Mr. Zemke stated that. the City of South St. Paul submitted a cable service :territory proposal to the M.C.C.B. in June, proposing a service territory which would include West St. Paul, Inver Grove Heights, Sunfish Lake, Lilydale, Mendota and Mendota Heights. The Committee felt that the proposed C.S.T. would be beneficial to all communities involved, and indicated its support of the proposal to.the 11r; Zemke then reviewed the status of cable television activities An adjoining communities. Mr. Zemke felt that the Committee has the responsibility to provide to the community aTecommendation for the best franchise available. He reviewed the following proposed plan for future Committee activities: conducting a telephone survey of a random group of Mendota.Heights residents in which 90 participants would be asked six questions relating to cable television; compile the survey responses and prepare and print informational articles in the City's newsletter; and, prepare and distribute a needs assessment questionnaire:to. all community residents. The questionnaire responses would then be analyzed and a needs assessmeht-report would be prepared. Mr. Zemke stated that in order to 'accomplish this plan, the Committee will require funding of approximately $2,000'for printing, postage and consultant input into questionnaire preparation. He advised the Council that -all costs •incurred in the franchising process, such as-those:costs already discussed, is reimbursable by the company which is awardedthe service franchise. The Council expressed its appreciation to Mr. Zemke and the Cable T.V. Committee for its hard and diligent work, and concurred with •the planned Committee activities. Councilman Losleben moved the adoption of Resolution No. 80-87, "RESOLUTION ESTABLISHING CABLE TELEVISION FRANCHISE FUND," and authorization of an expenditure of up to $2,000 to finance the activities described by the Cable T.V. Committee Chairman. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Mr. Michael Kluznik, 1057 Chippewa, was present to complain about a swimming pool which was.installed on the property, aCi.oss from his without any fencing around the structure. He asked whether this is in violation of the City Ordinance requirements and expressed concern over the safety Of neighborhood children. Page No. 1350 September 16, 1980 Attorney Winthrop stated that the real question is whether the swimming pool ordinance regulations, adopted since the structure was installed, are applicable. He stated that the Ordinance covers both the construction and operation of pools, and the fact that the pool was built before the Ordinance adoption would not affect the enforcement of the Ordinance. After a brief discussion, staff was directed to contact the property owner, review the matter-and proceed in accordance with Ordinance requirements. IVY FALLS CREEK Mrs. Page Haskell, Mr. Frank Stelter, Mrs. Ladene Boody ASSESSMENTS/ and Mrs. Robert Holt, were present to discuss their written DELAWARE request for reconsideration of Ivy Falls Creek assessments. CROSSING ASSESSMENTS The Council acknowledged and discussed a memo from the Public Works Director wherein he proposed assessment adjustments and addressed the several deferment and adjustment requests received as the result of the Delaware Crossing and Ivy Falls Creek assessment hearings. Mr. Danielson advised-the-:Ccuncil that in 1977 the City .constructed an 18 foot street on the southerly • portion of the vacated Brookside Lane, and that the abutting property owners were assessed for said improvement. He stated that the Ivy Falls Creek assessment roll attributed the street area to the abutting properties and reflected inclusion of the 3 or 25 per foot rate as the responsibility of those 2 • property owners. He recommended to the Council that the three properties involved,Parcel No. 27-69702-070-06 awned by Dennis Carroll, Parcel No. 27-69702-050-06 owned by Frank Boody, and Parcel No. 69703-020-01, owned by Frank Stelter, receive assessment adjustments to reduce the assessment amounts by the amount attributable to street right-of-way. Mr. Stelter stated that he sees no benefit from the project and that his property has not suffered any_erosior because of the creek. He 'st4Wthathe--did ibt4§k—f011 the vacation of Brookside, nor has he formally accepted the property which reverted to him as the result of the vacation. He did not feel he should be assessed for any portion of the vacated Brookside Avenue. Mr. Danielson advised the Council that in considering the adjustment requests from the-HOTtSand Mrs. Haskell, staff could find no basis on which to recommend an adjustment. Mrs. Holt asked the Council whether the City will repair any future erosion damage on her'Troperty if the bank should erode at some future time. Mayor Lockwood stated that the City could not expend public funds for repairs on private property. Mrs. Haskell stated that assessments should be based on benefit received and that she does not believe her property was benefitted by th improvement project. The Council acknowledged written assessment objections from Scott Hogan, 8 Somerset Road, Leslie McCormick, 551 Emerson Ave., and David L. Mommsen, 2 Somerset Road. Ayes: 5 Nays: 0 SUNFISH LAKE UTILITY EXTENSION Ayes: 5 Nays: 0 MISCELLANEOUS AUDIT Ayes: 5 Nays: 0 NEWSLETTER Ayes: 4 Nays: 1 Lockwood MISCELLANEOUS Page No. 1351 September 16, 1980 After additional discussion, Mayor Lockwood moved the adoption of ResolutionNo. 80-88, "RESOLUTION CORRECTING IVY FALLS CREEK IMPROVEMENT ASSESSMENT ROLL," reducing the assessment against Parcel No. 27-69702-070-06 to $931.36, Parcel No. 27-69702- 050-06 to $1982.46, and Parcel No. 27-69703-020-01 to $3264.60. Councilman Hartmann seconded the motion. The Council concurred with the Public Works Director's recommendatioi that no adjustment should be made in assessments against properties owned by George Weed, George ,Montgomery and Richard Abraham which were assessed as the result of the Delaware Crossing Addition improvement project. The Council acknowledged a letter from Mr. Roger Ginkel requesting approval of a resolution to authorize a connection to the City's water system by five residences in Sunfish Lake. City Attorney Winthrop advised the Council that a formal agreement on the connection by. the five residences to the Mendota Heights sewer and water systems is beingArafted, and recommended that the Council adopt the -proposed:resolution so that the parties can adquiremater permits from the St. Paul Water Department. Councilman Mertensotto moved the adoption of Resolution No. 80-:89, "RESOLUTION AUTHORIZING RESIDENTS OF THE CITY OF SUNFISH LAKE TO CONNECT TO THE CITY MUNICIPAL WATER SYSTEM," as amended to reflect additional language in Paragraph 1. Councilwoman Witt seconded the motion. Administrator Johnson reminded the Council of a League of Minnesota Cities regional meeting to be held on September 29th. COUnCiltharosleben PoVPa.the.adoption of'Resoltlotion No. 80-90, "RESOLUTION AUTHORIZING AND.DIRECTING ANNUAL CITY AUDIT," appointing the firm of Peat, Marwick and Mitchell to perform the • 1980 City audit. _ Councilmoman7Witt secondedAhe,mation. Administrator Johnson asked for a determination from the Council on whether the City's newsletter should be continued. After a brief discussion, Councilman Losleben moved that the City Newsletter be continued on a quarterly basis. Councilman Hartmann seconded the motion. Administrator Johnson advised the Council that the City of Lilydale has requested Mendota Heights to consider monitoring Lilydale lift station. The Council authorized Mr. Johnson to pursue the matter. Page No. 1352 September 16, 1980 LEAGUE OF The Council acknowledged and discussed a letter from the League MINNESOTA of Minnesota Cities relative to construction and financing of CITIES a proposed League building. Administrator Johnson stated that BUILDING if .a building is constructed, the Mendota Heights share of the construction cost would be $4,000 and could either be paid in instalments or as a lump sum. After a short discussion, Councilman Losleben moved to support the League of Minnesota Cities proposed building project as presented in the League memo dated August 4, 1980. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 The Council expressed its preference for a lump-sum City payment of its share of the building cost. MISCELLANEOUS City Attorney Winthrop advised the Council that he has researched State Statutes relative to on-sale liquor and has determined that the City may either conduct a referendum on the question of issuance of on-sale licenses and retain the existing municipal liquor Ordinance, or it may choose to terminate the existing ordinance and issue private on-sale licenses without conducting a referendum. FIRE STATION The Council discussed the matter briefly, and, at the suggestion of Attorney Winthrop, directed staff to request a copy of the Bloomington liquor ordinance for future reference. The Council discussed the question of location of the proposed fire facility, and as a result of the discussion, directed the Administrator to have Robert Burow prepare a study on the proposed location of a facility north of T.H. 110 and east of T.H. 149. DEPARTMENT REPORT The Council acknowledged receipt of the Public Works Director's monthly report for August. 1-494 BRIDGE Public Works Director Danielson reviewed Mn/DOT plans and specifications for the 1-494 bridge substructure and piers. He recommended that the Council approve the plans. Councilman Losleben moved the adoption of Resolution No. 80-91, "RESOLUTION APPROVING MN/DOT PLANS AND SPECIFICATIONS." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the List of Claims dated September 16, 1980 and totalling $168,328.20. Mayor Lockwood seconded the motion. LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page No. 1353 September 16, 1980 Councilwoman Witt moved approval of th. lis.t of licenses, granting licenses to: Jesco, Inc. Kimmes Masonry, Inc. Robert H. Licha Berghorst Plumbing & Heating Arneson Heating Service Dahms Heating, Inc. Hinding Co., Inc. Rascher Plumbing & • Heating, Inc. Swanson Plumbing & Heating, Inc. Bateson Builders Schaffer Construction, Inc. Schomaker Construction Arneson Heating Service Dahms Heating, Inc. Hinding Co., Inc. Heine Enterprises, Inc. W.M. Munson Plastering Co. Concrete Contracting License Concrete Contracting License Concrete Contracting License Excavating License Gas Piping License Gas Piping License Gas Piping License Gas Piping License Gas Piping License General Contractor License General Contractor License General Contractor License Heating & Air Conditioning License Heating & Air Conditioning License Heating & Air Conditioning License •Siding License Stucco License Councilman Mertensotto seconded the motion. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 11:50 o'clock P.M. Vathleen M. Swanson City Clerk ATTEST: g4nt;11,-/dwool- Robert G. Lockwood (--) Mayor