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1980-01-08 Council minutesPage 1207 January 8, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 8, 1.980 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 Losleben, Council- woman Witt. Councilman Mertensotto had notified the Council that he would be out of town. APPROVAL OF Councilman Losleben moved approval of the minutes of the MINUTES December 18th meeting. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 VALLEY VIEW Dr. Leo Culligan and his representatives, Mr. Wayne Tauer of OAKS Suburban Engineering, and Mr. Mike Galvin, were present to discuss the preliminary plat for Valley View Oaks, Phase II. The Council acknowledged receipt of a memo from City Planner Howard Dahlgren relative to the proposed plat. Mr. Tauer stated that the preliminary plat for Phase I had been approved by the Council several months ago, but the approval of Phase II was delayed pending adoption of a Critical Area Overlay Ordinance. He stated that the applicants are now requesting approval of the preliminary plat for Phase II so that the matter can be referred to the Planning Commission for a Critical Area Ordinance hearing. Mr. Tauer advised the Council of two significant changes in the preliminary plat for Phase I. He explained that Lots 1 and 2, Block 2, have been designed to face easterly rather than the original northerly orientation and that the developers plan to design a ponding area on the two lots to collect surface water run-off from the plat area. He stated that at some time in the future when a permanent drainage system is installed as part of TH 110 upgrading, the two lots would be filled and graded and sold for development. There was considerable discussion relative to the City Planner's report and recommendation that Phase II be developed under a P.U.D. Dr. Culligan indicated that he has no interest in going through a P.U.D. process -- that he wished to develop the property under the ordinary platting process with single family residences rather than clustered housing. City Administrator Johnson briefly reviewed a meeting between the developers and their representatives and several City staff personnel and consultants on December 17th. Mr. Johnson stated that at that time the developers indicated that the area would be developed in accordance with a grading plan for all of Phase II. Based on this concept, a Planning Commission Critical Area Ayes: 4 Nays: 0 IVY KEEP BALCONY PERMITS Ayes: 4 Nays: 0 Page 1208 January 8, 1980 Ordinance hearing would be required prior to preliminary plat approval. He noted that since the developer has now indicated a desire that the grading and site development be done on an individual lot basis, a Critical Area Ordinance hearing would be required for each lot at the time lot develop- ment is requested. He advised the Council that the proposed Critical Area Overlay District Ordinance has not been returned by the Metropolitan Council yet. It was noted by the Council that approval of the proposed plat should be deferred until the Critical Area Ordinance has been adopted. After discussion, Councilman Losleben moved that the Council agree with the concept of the single family residential develop- ment of the Valley View Oaks Addition, Phase II, and that approval of the preliminary plat be reserved to such time as the Critical Area Overlay District Ordinance has been received and approved. Councilman Hartmann seconded the motion. The Council acknowledged and discussed a memo from the Code Enforcement Officer relative to construction of balconies on the Ivy Keep II townhouses. Mayor Lockwood stated that he has discussed the matter with Mr. Donald Huber, who objected to the construction of 4 foot balconies because he fears that they will become catch-all areas, and because he feels they will not be aesthetically pleasing. Mayor Lockwood stated that he had also viewed the existing 4-foot balconies with Mr. George Miller, a representative of Dodd Construction. Mayor Lockwood felt that the decks are too narrow, but that they blend in well. Mr. Miller, who was present, stated that the four-.foot decks are only planned for Building D-1, and that six-foot decks are proposed for the other buildings. Code Enforcement Officer Berg stated that the decks meet the code requirements and rec- ommended approval of permits for both the four-foot decks and the six-foot decks. After discussion, Mayor Lockwood moved approval of the request of Dodd Construction Company for construction of six-foot wide decks on Buildings E3, E4, and E5, and four-foot wide decks on Building D-1. Councilman Hartmann seconded the motion. COMMISSION The Council acknowledged and briefly discussed several letters APPOINTMENTS and conversations with residents interested in serving on the Planning and Park Commissions. Mayor Lockwood indicated that he would make recommendations for commission appointments on January 15th. AUDIT DISCUSSION 1980 BUDGET Ayes: 3 Nays: 1 Losleben DEPARTMENT REPORT SUBURBAN RATE AUTHORITY Ayes: 3 Nays: 1 Losleben ACTING MAYOR Ayes: 4 Nays: 0 OFFICIAL NEWSPAPER Ayes: 4 Nays: 0 Page 1209 January 8, 1980 The Council acknowledged and discussed a letter from the City's Auditor, Mr. Roger Katzenmaier, relative to charges for the 1978 audit preparation. The Council members indicated that the letter and cost breakdown satisfied questions raised at the December 18th meeting. The Council briefly discussed appoint- ment of an auditor for preparation of the 1979 audit. Further discussion was deferred until later in the meeting when the City Treasurer would be available to provide input. Administrator Johnson briefly reviewed the proposed 1980 budget and distributed copies of a corrected Page 5, "Total Expenditures." Councilman Losleben stated that he had voted against the adoption of the Levy resolution because he felt the increase over 1979 is too great. He stated that while he cannot vote to approve the budget because of the increase, he would not propose any changes in the document. Mayor Lockwood moved adoption of the 1980 Budget document, as corrected. Councilwoman Witt seconded the motion. The Council acknowledged receipt of a report of building activity for September through December, 1979. The Council acknowledged a letter from the Suburban Rate Authority requesting the appointment of a delegate and alternate delegate for 1980. Councilman Losleben stated that he cannot support the appointment of representatives to the Authority since he does not feel the Authority is of any benefit to the community. Mayor Lockwood moved the adoption of the following motion: Be It Resolved, that Orvil Johnson is hereby designated as a direutor of the Suburban Rate Authority, and Elizabeth Witt is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1980 and until their successors are appointed. Councilman Hartmann seconded the motion. Mayor Lockwood moved that Councilman Mertensotto be appointed as Acting Mayor for 1980. Councilwoman Witt seconded the motion. The Council acknowledged receipt of letters from the Dakota County Tribune and Sun Newspapers requesting designation as the City's newspaper for 1980. Mayor Lockwood moved that the West St. Paul/Mendota Heights Sun be designated as the City's official newspaper for 1980. Councilman Losleben seconded the motion. HEALTH OFFICER Ayes: 4 Nays: 0 -Page 1210 January 8, 1980 Mayor Lockwood moved that Dr. Thaddeus Chao be appointed City Health Officer for 1980. Councilwoman Witt seconded the motion. SEWER RATE The Council acknowledged and briefly discussed a memo from the INCREASE City Administrator relative to a proposed increase in sewer rental rates. Further discussion was tabled to a future meeting. SALARY The Council acknowledged receipt of a memo from the City Admin- ADJUSTMENT istrator indicating that an error had been made in the 1980 salary recommendation for the Code Enforcement Officer and recommended that the salary be established at the annual rate of $19,250 in accordance with an employment condition agreement. Ayes: 4 Nays: 0 A.M.M. Ayes: 4 Nays: 0 Councilman Losleben moved that the salary for the Code Enforcement Officer be established in accordance with the Administrator's memo recommendation dated January 3rd. Councilman Hartmann seconded the motion. Mayor Lockwood moved that Councilman Losleben be appointed as the City's delegate to the Association of Metropolitan Municipalitie for 1980. Councilwoman Witt seconded the motion. METROPOLITAN The Council acknowledged a memo and proposed Resolution from AIRPORTS the City Administrator regarding development of a portion of the COMMISSION MAC area. Mr. Johnson advised the Council that Mn/DOT is interested in acquiring a site from the Metropolitan Airports Commission for construction of a Highway Maintenance Garage. He also advised the Council that the MAC would like to engage Howard Dahlgren to assist in planning for the area owned by MAC. After discussion, Councilman Losleben moved the adoption of Resolution No. 80-01, "RESOLUTION FINDING NO CONFLICT OF INTEREST AND ENCOURAGING MAC TO PERFORM PLANNING". Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 CABLE ADVISORY The Council acknowledged and discussed a memo from the City BOARD Administrator relative to establishment of a Cable Advisory Commission. Administrator Johnson stated that in addition to the six residents suggested for appointment in the memo, an educator, Mr. Fred Schreiber, was recommended for appointment . by Henry Sibley High School Principal, John Hagman. Mr. Johnson advised the Council that Mr. Schreiber is not a resident of the City, though he teaches at Henry Sibley. It was the concensus of the Council that only community residents should be appointed to the Commission. Ayes: 4 Nays: 0 Page 1211 January 8, 1980 Mayor Lockwood suggested that Mr. Albert Ahlquist, 548 Miriam, . might be a candidate, and Councilman Losleben suggested Mr. David Zemke and Mr. Ward Johnson, who had contacted him to request appointment. After discussion, Councilman Losleben moved the adoption of Resolution No. 80-02, "RESOLUTION ESTABLISHING A CITIZEN ADVISORY COMMISSION", to consist of nine members including the six citizens named in the memo from the City Administrator, Mr. David Zemke and Mr. Ward Johnson. Councilman Hartmann seconded the motion. Mayor Lockwood stated that he would contact Mr. Ahlquist to see if he would be interested in being appointed to the Commission. AUDIT DISCUSSION City Treasurer Shaughnessy responded to Council concerns over the increasing costs of audit preparation. Mr. Shaughnessy stated that State mandated requirements for accrual accounting is one reason for the increased costs. He indicated that he would contact the State Auditor's office to request that a representative attend a future Council meeting to discuss some of the State requirements. Mr. Shaughnessy was also directed to contact two or three firms which conduct municipal audits to solicit proposals for preparation of the 1979 Audit. MISCELLANEOUS Ayes: 4 Nays: 0 PLEDGED SECURITIES Ayes: 4 Nays: 0 DEPOSITORIES Ayes: 4 Nays: 0 Mayor Lockwood moved the adoption of Resolution No. 80-03, "RESOLUTION AMENDING RESOLUTION NO. 79-121", to change the Bond Counsel for the United Properties Commercial Revenue Development Note. Councilman Hartmann seconded the motion. Councilwoman Witt moved approval of the list of Pledged Securities dated January 2, 1980, as amended. Mayor Lockwood seconded the motion. Councilman Losleben moved approval of the following Depositories of City funds for 1980: Dakota County State Bank Signal Hills State Bank Minnesota Federal Savings and Loan American National Bank of St. Paul Cherokee State Bank Minnesota State Bank. First National Bank of St. Paul Northwestern National Bahk of St. Paul Councilwoman Witt seconded the motion. CRAY RESEARCH Ayes: 4 Nays: 0 PILOT KNOB ROAD UPGRADING Ayes: 4 Nays: 0 Page 1212 January 8, 1980 On the recommendation of the City Engineer, Councilman Losleben moved to authorize the Mayor and Clerk to execute a waterline easement agreement between the City, Cray Research and the St. Paul Water Department. Councilman Hartmann seconded the motion. The Council acknowledged and discussed a proposed resolution from the Public Works Director recommending that the Council request Dakota County to upgrade Pilot Knob Road northerly from Northland Drive to Mendota Heights Road by constructing four fluid lanes and appropriate turning lanes. Mr. Danielson stated that the City would be required to finance 45% of the construction costs, and the County would finance 55% of the costs if the construction is approved. Councilman Hartmann moved the adoption of Resolution No. 80-04, "RESOLUTION REQUESTING DAKOTA COUNTY TO UPGRADE PILOT KNOB ROAD NORTH OF 1-494". Councilwoman Witt seconded the motion. WASTE CONTROL Councilman Losleben moved approval of the Metropolitan Waste COMMISSION Control Commission Agreement No. 130, for 1980. AGREEMENTS Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilman Losleben moved approval of Metropolitan Waste Control Commission Agreement No. 155, for 1980. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 T.H. 13 PLANS Public Works Director Danielson advised the Council that the City AND SPECIFICATIONS Attorney is currently working out right-of-way agreements with Mn/DOT in connection with the reconstruction of the Happy Hollow Bridge and T.H. 13. On his recommendation, discussion relative to approval of the plans and specifications for the reconstruction was tabled to January 15th. FINAL PAYMENT Ayes: 4 Nays: 0 FINAL PAYMENT Ayes: 4 Nays: 0 Councilman Losleben moved the adoption of Resolution No. 80-05, "RESOLUTION APPROVING WORK AND APPROVING FINAL PAYMENT (IMPROVE- MENT NO. 77, PROJECT NO. 14)", determining that payment of $1,566 made to Carl Bolander and Sons Company on July 16, 1979, constitutes final payment for work completed under the construction contract. Mayor Lockwood seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 80-06, 'RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 78, PROJECT NO. 5)", authorizing final payment to DeLuxe Construction Company, in the amount of $27,413.36. Councilman Hartmann seconded the motion. LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 1213 January 8, 1980 It was noted that a claim included in the list of claims and payable to Kenko, Inc., constitutes final payment for South Ridge Addition improvements. The Council directed that the claim from Kenko be deleted from the list and included in the agenda for January 15th as a final payment. Councilman Hartmann moved approval of the List of Claims dated January 8, 1980, as amended to delete the payment to Kenko, Inc. Councilwoman Witt seconded the motion. Councilwoman Witt moved approval of the licenses to the following: Midway Sign Company, Inc. Sonnen Bros. Construction, Inc. Valley Aire, Inc. Teigen's Heating & Air Conditioning Valley Plumbing Rohard Enterprises Johnny Masonry Wm. Seidl Cement Contractor Serice Construction Gerald L. Nelson Masonry Ben Oehrlein & Sons Poor Richard's Inc. Marv's Disposal Action Disposal Beermann Services Mendota Heights Rubbish Service, Inc. Triangle Rubbish Service James Nitti & Son Disposal Roadway Rubbish Troje's Trash Pickup, Inc. Casanova Bros. Trucking J.J. Remackel & Sons Mayor Lockwood seconded the motion. list of licenses, granting General Contractor General Contractor Heating & Air Conditioning Heating & Air Conditioning Excavating Plumbing Cement/Masonry Cement/Masonry Cement/Masonry Cement/Masonry Rubbish Removal Rubbish Removal Rubbish Removal Rubbish Removal Rubbish Removal Rubbish Removal Rubbish Removal Rubbish Removal Rubbish Removal Rubbish Removal Rubbish Removal Rubbish Removal There being no further business to come before the Council, Councilwoman Witt moved that the meeting be adjourned. Councilman Hartmann seconded the motion. Time of Adjournment: 10:59 o'clock P.M. (Kathleen M. Swanson City Clerk a,roopL Robert G. Lockwood Mayor