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