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1980-03-04 Council minutesPage 1231 March 4, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 4, 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. APPROVAL OF MINUTES Ayes: 4 Nays: 0 Abstain: 1 Losleben CASE NO. 79-25, FRISCH, Conditional Use Permit Councilman Hartmann moved approval of the minutes of the February 19th meeting with correction. Councilman Mertensotto seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Gerald Frisch for a conditional use permit and variances to allow construction of a pool house structure at 960 Caren Road. Mr. Frisch explained his proposal and described the property grade characteristics. He stated that the pool house will not be used as a guest house and would have no objection to a City stipulation that habitation of the structure would not be allowed. He stated that the mean height of the structure will not exceed 15 feet. Mr. Frisch stated that while he plans to install a fence on the side of the lot closest to Lilac Lane, he feels that it would be more app- ropriate to place a berm with heavy plantings along the Victoria Road property line. He advised that the proposed landscaping would consist of a layer of logs to a height of four feet, then plantings, and four additional feet of logs. Councilman Mertensotto stated that a City Ordinance requires fencing around swimming pools. He noted however, that in view of the unusual topography of the property and the berming and landscaping proposed by Mr. Frisch, the Council could consider granting a variance and reserve the right to revoke the variance should a future problem arise. The Council expressed concern over drainage and also noted that a fifteen foot variance from the rear yard setback would be required. There being no questions or comments from the audience, Council- man Mertensotto moved that the hearing be closed, that Resol- ution No. 80-194 "RESOLUTION APPROVING CONDITIONAL USE PERMIT", Ayes: 5 Nays: 0 COMMUNICATIONS CRITICAL AREA PLAN Ayes: 5 Nays: 0 VALLEY VIEW OAKS HIGHWAYS Page 1232 March 4, 1980 establishing conditions relative to drainage, building height, and screening, be adopted, and that a fifteen foot rear yard setback variance be granted. Councilwoman Witt seconded the motion. The Council acknowledged and briefly discussed a letter from Mr. Stanley Malmon regarding proposed townhouse development on Victoria Road. The Council acknowledged a letter from Divine Redeemer Hospital regarding a Certificate of Need application for hospital building renovation and expansion. Action on the matter was tabled until such time as a specific request is presented to the Council. The Council acknowledged receipt of a revised Critical Area Plan and Ordinance along with memos from the City Administrator and City Planner. After discussion, Councilman Hartmann moved to approve the Critical Area Plan and .Critical Area Ordinance in concept for submission to the Metropolitan Council for approval. Mayor Lockwood seconded the motion. The Council acknowledged a letter from Mr. Lawrence Culligan requesting the Council to authorize the City Engineer to proceed with the preparation of plans and specifications for public improvements to serve the Valley View Oaks Addition. The Council expressed concern over engineering costs and determined that the developer should be required to post an escrow amount to cover the costs involved in preparation of the plans and specifications. It was the concensus of the Council that the City Engineer should prepare an estimate of engineering costs and that the Administrator contact Mr. Culligan relative to posting an escrow. Mrs. Kathy Ridder, District 15 representative to the Metro- politan Council was present to discuss the status of freeway construction in the metropolitan area. Mrs. Ridder stated that a January 1981 target date is anticipated for completion of the I-35E E.I.S. Councilman Losleben stated that on several occasions he has suggested that a tunnel be installed in the sensitive areas around United Hospitals and asked why this suggestion has not been explored. Mrs. Ridder stated that she will bring the matter up at a Metropolitan Council meeting and suggested that City officials attend highway meetings and push the Metropolitan Council for action. There was also considerable discussion on traffic impact on the City when the 1-494 bridge is completed and I-35E is extended from the south. EAGLE RIDGE SUMMIT SECOND ADDITION Ayes: 5 Nays: 0 POLICE DEPARTMENT ANNUAL REPORT STOP SIGNS SENIOR CITIZEN HOUSING Page 1233 March 4, 1980 Mrs. Ridder advised the Council that the Metropolitan Council will soon be updating its transportation policies wherein they will review all of their transportation policies in light of the population projections for the metropolitan area. She noted that this will not affect Mendota Heights very much but does involve how the Metropolitan Council will function in the outlying areas. The Council thanked Mrs. Ridder for her appearance at the meeting and urged her to support the I-35E tunnel suggestion. Mr. William Tuminelly was present to request approval of the final plat for the Eagle Ridge Summit Second Addition. City Engineer Danielson stated that the staff has prepared a dev- eloper's agreement which satisfies the staff on corrections in the grading and utility construction in the Eagle Ridge Summit Addition. He also advised the Council that the dev- elopers have signed the agreement and submitted an escrow to cover any City costs which might be incurred. Councilman Losleben moved the adoption of Resolution No. 80-20, "RESOLUTION APPROVING FINAL PLAT FOR EAGLE RIDGE SUMMIT SECOND ADDITION." Councilman Mertensotto seconded the motion. Police Chief Thul briefly outlined the 1979 Police Department annual report for the Council and answered several Council questions. Councilwoman Witt suggested that various community groups be contacted relative to promoting the Operation I.D. program. Chief Thul agreed that promotion of the program by community organizations would be beneficial, particularly since there is no one available within the Police Department to become actively involved in such promotion. The Council acknowledged a memo from Public Works Director Jim Danielson and a letter from Mr. Bernard Friel regarding traffic signing at the intersection of Pagel Road and Keokuk. As the result of the discuseion, staff was directed to make a firm recommendation on signing at the subject intersection and to submit a report at the March 18th meeting. Mrs. Sandy Butler, a member of the City's Planning Commission, was present at the meeting. Mrs. Butler stated that at the February Planning Commission meeting, the Commission reviewed a proposal for the development of property south of Mendakota Country Club. Mrs. Butler stated that at that meeting', she had pointed out that the subject site is the only site within the City which would meet the criteria necessary for senior citizen housing. She asked that the Council give some committment on the need or desirability of senior citizen housing in the community. She advised the Council that the City has received a letter from the Amherst Wilder Foundation indicating that the Foundation would be interested in preparing an application for HUD 202 financing for a senior citizen housing project if the I ) e MISCELLANEOUS EMERGENCY MEDICAL SERVICE Ayes: 5 Nays: 0 Page 1234 March 4, 1980 City Council indicates a commitment to pursuing such a project. She indicated that this would not be high rise development, and would consist of roughly fifty to sixty units in a two or three story structure. Mayor Lockwood stated that the original 1979 proposed comprehen- sive plan included zoning for high density on the subject site, and that the Council changed that proposed plan to retain a low density residential classification. He stated that when the change was made, the Council did not close its mind to senior citizen housing, but preferred to wait until a request and a plan were presented. Mayor Lockwood stated that he believes the Council could be enthusiastic about senior citizen housing but would like to have a better idea of what the structure would look like and whether the property owner and developer would be interested in the proposal. The Council concurred that Mrs. Butler should proceed with discussions with the Foundation, property owner and developer. Administrator Johnson advised the Council that he and Mayor Lockwood had met with school district officials recently. He stated that recent School Board minutes indicated that the Board was considering a bond issue •proposal for an all- weather track, and that he was concerned about the possibility of a referendum for school bonds at the same time as a City referendum for fire facilities. He stated that the school representative advised that they do not believe the school district will conduct a referendum but is considering other means of financing, including the sale of some school district property. Mr. Johnson pointed out that the best possibility the school district has for cash flow to finance the proposed track would be the sale of property adjacent to Friendly Hills. He suggested that if the school district does in fact decide to construct the all-weather track, the City will be faced with the question of how to raise money to acquire the site for open space. Administrator Johnson reviewed a meeting of municipal officials Metropolitan Health Board, Dakota County Human Services, and Divine Redeemer Hospital representatives regarding Emergency Medical Services. Mr. Johnson recommended that the City reques the County to participate with Washington and Ramsey Counties in instituting an east metro communications network. After discussion, Councilman Losleben moved that Resolution No. 80-21, "RESOLUTION URGING DAKOTA COUNTY TO IMPLEMENT EMERGENCY MEDICAL SERVICES," be adopted and that the City Administrator be directed to notify Divine Redeemer Hospital that the City will continue to subsidize the Divine Redeemer Ambulance Service as in the past. Councilman Hartmann seconded the motion. MISCELLANEOUS HIGHWAY 13 Page 1235 March 4, 1980 Administrator Johnson updated the Council on Cable TV Committee meetings. Mr. Johnson also advised the Council that the Northern Dakota County Chamber of Commerce will conduct a legislative meeting in the Council chambers on March 7th at 7:30 A.M. Administrator Johnson briefly reviewed the status of negot- iations on the Public Works Department labor contract. Councilman Hartmann advised the Council of a letter he had received regarding traffic impact on the Ivy Falls area as the result of the closing of a portion of Highway 13 for Happy Hollow Bridge construction. After a brief discussion, the matter was referred to the Police Department. FIRE FACILITIES Councilman Mertensotto briefly reviewed the recent Fire Facilit- ies Committee meeting discussions for the Council. MISCELLANEOUS LICENSE ORDINANCE Ayes: 5 Nays: 0 BUILDING MOVING ORDINANCE Ayes: 5 Nays: 0 ROYAL REDEEMER ASSESSMENT ROLL Councilman Losleben suggested that the Council ask the Depart- ment of Transportation to consider the feasibility of install- ing a temporary roadway on TH 13 right-of-way to TH 55, after construction of the new 1-494 bridge, to divert traffic from Pilot Knob Road. Administrator Johnson was directed to submit a letter to the Department of Transportation requesting such consideration. Councilman Mertensotto moved the adoption of Ordinance No. 168, "AN ORDINANCE AMENDING ORDINANCE NO. 601 IN ITS ENTIRETY, PROVIDING FOR THE LICENSING OF CERTAIN BUSINESSES AND OCCUPATIONS AND PROVIDING FOR THE REGULATIONS THEREOF." Councilman Losleben seconded the motion. On the recommendation of the City Attorney, Mayor Lockwood moved the adoption of Ordinance No. 169, "AN ORDINANCE AMENDING ORDINANCE NO. 501", relating to the removal and relocation of buildings within the City. Councilwoman Witt seconded the motion. City Engineer Kishel reviewed information relating to the preparation of the proposed assessment roll for the Royal Redeemer area public improvements. Several members of the Council expressed concern Over the proposed assessment rates for the easterly three parcels of property in Lexington Highland,West It was the concensus of the Council that these three parcels should be assessed at the same rate proposed for the "remote" areas and that the Royal Redeemer and Dakota's Adults properties and the westerly two lots in the Lexington Highland West Add- ition be assessed at the 7 per square foot rate. It was also noted that a change order for removal of trees on the Royal Ayes: 5 Nays: 0 MISCELLANEOUS DATA PRACTICES Ayes: 5 Nays: 0 LICENSE ORDINANCE AMENDMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CITY COUNCIL SALARIES Ayes: 5 Nays: 0 Page 1236 March 4, 1980 Redeemer property had been included in the total project cost and should be assessed entirely against the Royal Redeemer property. Councilman Hartmann moved the adoption of Resolution No. 80-22, "RESOLUTION CALLING FOR HEARING •ON .ASSESSMENT ROLL FOR ROYAL REDEEMER AREA IMPROVEMENTS (IMPROVEMENT NO. 79, PROJECT NO. 4)," the hearing to be conducted at 7:30 P.M., on April 15th. Councilman Losleben seconded the motion. The Council acknowledged and briefly discussed the Public Works Director's monthly report for February. Councilman Mertensotto moved the adoption of Resolution No. 80-23, "RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES," relating to the Data Practices Act. Councilman Losleben seconded the motion. Councilman Hartmann moved the adoption of Ordinance No.170, "AN ORDINANCE AMENDING ORDINANCE NO. 602", establishing December 31 as ,the annual expiration date for cigarette licenses. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Ordinance No. 171, "AN ORDINANCE AMENDING ORDINANCE NO. 1004," increasing the fee for rubbish hauling license plates to $15.00. Councilwoman Witt seconded the motion. The Council received and reviewed a memo from the City Clerk and an excerpt from an Association of Metropolitan MunicipalitieE survey of elected officials' salaries. After discussion, Councilman Hartmann moved the adoption of Ordinance No. 172, "AN ORDINANCE AMENDING ORDINANCE NO. 107 IN ITS ENTIRETY AND ESTABLISHING SALARIES FOR THE MAYOR AND CITY COUNCIL." Councilwoman Witt seconded the motion. TREASURER Councilwoman Witt moved the adoption of Resolution No. 80-24, APPOINTMENT "RESOLUTION REAFFIRMING CITY TREASURER APPOINTMENT," reappoint- ing Lawrence Shaughnessy, Jr. as City Treasurer. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 INTEREST RATE Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 MISCELLANEOUS FINANCIAL REPORT AUDITOR SELECTION Page 1237 March 4, 1980 Treasurer Shaughnessy advised the Council that the Legislature is currently considering a bill which would increase the municipal bond interest rate to 9%. He expressed concern that municipal bonds are becoming very difficult to sell because the maximum legal interest rate is much less than the prime interest rate. Mr. Shaughnessy urged the Council to support the proposed legislation. He also advised the Council that the current policy of charging 7% on assessment interests should be reconsidered. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 80-25, "RESOLUTION SUPPORTING.BANSON-SCHREIBER MUNICIEAL BOND INTEREST RATE BILL." Councilman Hartmann seconded the motion. Councilman Mertensotto moved to revise the policy regarding assessment interest rates, raising the interest rate to 8% or one percent over the estimated borrowing cost, whichever is greater. Councilman Losleben seconded the motion. Treasurer Shaughnessy, who is a member of the Metropolitan Airports Sound Abatement Council (MASAC), advised the Council on studies which are being prepared on noise impact. He stated that approximately 60 acres in Mendota Heights, primarily land around Visitation Convent and St. Thomas Academy, are affected by noise exceeding the noise standards. He advised that this would preclude residential development in the 60 acres. He indicated that if the final study confirms that the noise level exceeds the standards, the property would be suitable for industrial, commercial or high density residential uses, but not for residential development. The Council acknowledged receipt of the December 31, 1979 revenue and expenditure report. Mr. Shaughnessy indicated that this report was prepared on a cash basis, and that an accrual basis report will be available within the next month. Financial Advisor Shaughnessy briefly reviewed past discussions relative to selection of an auditing firm to prepare the 1979 audit. Mayor Lockwood and Councilwoman Witt expressed their concerns over changing auditing firms prior to complete trans- ition to accrual accounting. Councilwoman Witt felt that a change in auditing firms prior to the total transition to accrual accounting would result in too much disruption of staff. Councilman Losleben stated that although he was not present at the February 19th meeting, he would have supported a change in the auditors, and that he still believes a change would be appropriate. Ayes: 3 Nays: 2-Lockwood, Witt LICENSES Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 1238 March 4, 1980 After additional discussion, Councilman Losleben moved the adoption of Resolution NO. 80-26, "RESOLUTION AUTHORIZING AND DIRECTING ANNUAL 'CITY AUDIT," appointing the firm of Peat, Marwick,:Mitchell and Company to perform the 1979 audit, based on the firm's proposal, dated February 15, 1980. Councilman Mertensotto seconded the motion. Mayor Lockwood moved approval of the list of licenses, granting licenses to: A.E. Nelson Plumbing & Heating Befort Roofing, Inc. People's Plumbing & Heating Co. Merlin Larson Construction Co. Lauren Sirotiak Crist Construction, Inc. George's Golf Range, Inc. Plumbing License General Contractor's License Plumbing License Cement/Masonry License General. Contractor's License General Contractor's License Cigarette License Councilwoman Witt seconded the motion. Councilman Hartmann moved approval of the list of claims submitted for payment with the agenda. Councilwoman Witt 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: 12:00 A.M. K thleen M. Swanson City Clerk ATTEST: LL Robert G. Lockwood Mayor