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1979-10-16 Council minutesPage 1163 October 16, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 16, 1979 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 and Mertensotto, Councilwoman Witt. APPROVAL OF MINUTES Ayes: 4 Abstain: 1 Mertensotto Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 METROPOLITAN WASTE CONTROL COMMISSION LEO PARTNERSHIP BUILDING PERMIT Ayes: 5 Nays: 0 MENDOTA HEIGHTS ANIMAL HOSPITAL Councilman Losleben moved approval of the minutes of the September 18th meeting. Councilwoman Witt seconded the motion. Councilwoman Witt moved approval of the minutes of the September 27th meeting. Councilman Hartmann seconded the motion. Mayor Lockwood moved approval of the minutes of the October 2 meeting with correction. Councilwoman Witt seconded the motion. Mayor Lockwood advised the Council that Mr. Ramsdell had contacted the City offices to advise the Council that he would not be able to attend the meeting. Discussion on the matter of sewer charges was tabled to a future meeting. The Council acknowledged and discussed a memo from the Code Enforcement Officer relative to the LEO Partnership application for building permit. After discussion, Mayor Lockwood moved approval of the issuance of a building permit for LEO Partnership, subject to receipt of a $2,500 Industrial Revenue Financing Service Fee. Councilman Hartmann seconded the motion. Dr. Tom Koepke was present to request approval of the issuance of a building permit for an addition to the Mendota Heights Animal Hospital. It was noted by the Council that the new plan reflects a 30 foot rear yard setback in accordance with Council direction on October 2nd. Dr. Koepke explained where the changes had been made in the proposed building plan to accommodate the thirty foot setback. Page 1164 October 16, 1979 Councilman Losleben moved approval of the issuance of a building permit for an addition to the Mendota Heights Animal Hospital, based upon the plan received October 12th, 1979, such permit issuance being subject to review and approval of the Code Enforcement Officer. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT REPORTS The Council acknowledged receipt of the Fire Department monthly report for September. PAR 3 GOLF COURSE ASSESSMENTS The Council acknowledged and discussed a memo from Fire Marshal Gene Lange relative to proposed Fire Department expansion plans. Councilman Mertensotto advised the Council that he would attend the Fire Department meeting to be held on October 17th, to discuss the proposed expansion with the Department members. It was the concensus of the Council that the Fire Chief and Fire Marshall should be invited to attend a future meeting to discuss building plans for the future. The Council acknowledged receipt of the Treasurer's report for September. Mr. Eugene Schway and Mr. Harold Liefschultz, representing Par 3 Golf Course, were present to request deferment of assessments resulting from the Somerset No. 3 Improvement Project. Mr. Schway stated that he feels that the sanitary sewer and water improvements will be of no benefit to Par 3 until such time as the land is developed. He acknowledged that the storm sewer construction does benefit Par 3 to a certain extent at this time, but that Par 3 does not receive 100% benefit currently since the golf course ponding areas still receive a great deal of run-off water from the area. Mr. Schway also felt that the golf course currently receives no benefit from the street construction and will receive no benefit until such time as the property is developed. He therefore asked the Council to defer the making of the storm sewer, street, sanitary sewer and water assessments attributable to the Somerset No. 3 improvement project. He stated that Par 3 gets a very minimal benefit from the project at the current time and that the assessments should be deferred for payment when the property is developed. Mayor Lockwood referred to the history of deferments on the Par 3 property. He stated that it would consistent with past history to acknowledge that the golf course is good for the community in that it represents open space. He also indicated that the Council has no desire to force development of the property. He suggested that the Council agree that Par 3 receives no current benefit for sanitary sewer, water or street improvements under this particular project, but that the course does receive a benefit from the storm sewer at this time. Ayes: 5 Nays: 0 Page 1165 October 16, 1979 Councilman Mertensotto stated that it would be consistent with past policy for the Council to assess twenty-five percent of the assessment amount for each of the improvements. It was noted by the Council that Par 3 does receive benefit from the storm sewer improvement: if fifty percent of the storm sewer assessment amount were certified at this time and fifty percent deferred it would be the equivalent of deferring twenty-five percent of the assessment for each of the improvements. As the result of the discussion, Councilman Losleben moved the adoption of Resolution No. 79-1081 "RESOLUTION DEFERRING THE MAKING OF ASSESSMENT AS TO PAR 3 GOLF COURSE PROPERTY" (Imp.77 Project 6), deferring the making of assessments as to sanitary sewer, watermain, street and fifty percent of the storm sewer assessments until such time as the property is sold or developed. Councilwoman Witt seconded the motion. Mr. James Lilly, 1694 Dodd Road, suggested that the City investigate the possibility of purchasing the Par 3 Golf Course through a bond issue. He asked what the citizens could do to accomplish such a proposal. Mayor Lockwood advised Mr. Lilly of past Council conversation regarding City purchase of the golf course, and the Council directed the City Clerk to submit to Mr. Lilly a copy of the Treasurer's financial reportE on the proposal. MENDOTA HEIGHTS Mr. Roger Hamm and members of the Mendota Heights Congregation- CONGREGATIONAL al Church were present to discuss the proposed sanitary sewer CHURCH extension to serve the church property. Mr. Hamm stated that as the result of past Council discussions on the matter, he and other members of the church understood that the church would be assessed $14.00 per front foot for the sanitary sewer extension. He advised the Council that Public Works Director Danielson had contacted him advising him that the bids received on the project amounted to over $11,000.00, and that the church assessment would subsequently be considerably more than $14.00 per foot. Mr. Danielson explained that the sewer extension was proposed to be constructed at a depth of nineteen feet rather than a normal twelve foot depth. He indicated that this was a major reason for the bids being so expensive. He stated that the plans would be redrawn at a twelve foot depth and that he would solicit new bids for the project. Mr. Hamm again indicated his understanding and the understanding of his Board that the total project cost to the church would be $5,885.00. He stated that he has no authority to approve a project costinc as much as is indicated in the first bidding procedure or as anticipated in the second bidding procedure. He therefore stated that the petition and waiver of hearing submitted by the church is no longer valid and it would be withdrawn. The Council reviewed the minutes from the Council meeting at which the matter had been discussed. The Council also re- Page 1166 October 16, 1979 viewed the file on the proposed improvement project. Public Works Director Danielson pointed out that the original proposed cost to the church of $5,885.00 based on a rate of $14.00 per front foot plus $425 SAC Charge, was based on .a simple connection to the'existing sewer lateral to serve the manse. He stated that the church representatives had indicated that they would also be interested in connecting the church to the sanitary sewer system and therefore the simple connection evolved into an improvement project. He stated that the improvement project was initiated for the benefit of the church, since the church members indicated that a flat connection charge of $5,885.00 payable in one installment would not be affordable, and that an assessment arrangement over a period of nineteen years would be more appropriate for the church. The only manner in which a nineteen year assessment could be made would be through an ac- tual improvement project. He stated that the $5,885.00 that the church members have indicated could only be justified if the church connects the manse via a private service line to •the existing manhole. Mr. Hamm indicated that he would wait to hear from Mr. Danielson about the results of the new bidding procedure, and that on behalf of the church, he is withdrawing the petition and waiver of hearing. FUND RESOLUTIONS The Council acknowledged and discussed two resolutions proposed by the City's Auditors. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilman Losleben moved the adoption of Resolution No. 79-111, "RESOLUTION ESTABLISHING SEWER UTILITY FUND." Councilman Hartmann seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 79-112, "RESOLUTION ESTABLISHING CONSOLIDATED SPECIAL ASSESSMENT FUND." Mayor Lockwood seconded the motion. COMMUNICATIONS The Council acknowledged receipt of a letter from Mr. Roger Katzenmaier regarding the 1978 audit statements. The Council acknowledged receipt of a report on the Mn/DOT September 27th open house discussion on 1-494. PERSONNEL Ayes: 5 Nays: 0 The Council acknowledged and briefly discussed the memo from the City Administrator recommending the permanent employment of Paul Berg as Code Enforcement Officer. Mayor Lockwood moved that Code Enforcement-Officer Paul Berg be given permanent employment status. Councilman Losleben seconded the motion. HIGHWAYS MISCELLANEOUS Ayes: 5 Nays: 0 MISCELLANEOUS CHANGE ORDER Ayes: 5 Nays: 0 HAPPY HOLLOW BRIDGE TEMPORARY SEWER BYPASS Page 1167 October 16, 1979 The Council acknowledged receipt of a memo from the City Administrator regarding the early opening of 1-494. After a brief discussion, the Council directed that the City Administrator contact City Planner Dahlgren to request Mr. Dahlgren to update the Countil on the status of his further negotiations with MN-DOT on the early opening. On recommendation of the City Administrator, Mayor Lockwood moved the adoption of Resolution No. 79-109, "RESOLUTION ESTABLISHING • TAX LEVY TO FINANCE WATER LINE CONSTRUCTION". Councilman Losleben seconded the motion. The Council acknowledged receipt of a report from the Physical Development Committee of the Metropolitan Council regarding the Lilydale Comprehensive Plan. Councilman Losleben pointed out that part of the report recommended that Lilydale include a solar access policy statement in its plan. He suggested that it might be appropriate of Mendota Heights to also include solar access policies in its Comprehensive Plan. As the result of the discussion, the Council directed the City Clerk to discuss the matter with the City Administrator to get his reaction regarding solar access policies. Councilwoman Witt reported on the status of the Divine Redeemer Ambulance contract negotiations. Councilman Mertensotto reported on a MN-DOT response to the City's Resolution regarding access problems to St. Peter's Church. Councilman Mertensotto advised the Council that the would not be in attendance at the November 6 meeting. Councilman Hartmann noted that the yield sign at Miriam and Chippewa has been replaced with a stop sign, and asked what the retionale was in this change. Staff was directed to research the matter. The Council acknowledged receipt of a letter from the City Engineer recommending approval of a change order for the Marie Avenue Bridge approach treatment project. On recommendation of the City Engineer, Councilman Losleben moved approval of change order No. 1 for Improvement No. 79, Project No. 5, to include additional approach slab removal and related work on the East end of Marie Avenue Bridge, at ar increased project cost of $4,091.45. Councilman Hartmann seconded the motion. NI\ City Engineer Kishel reviewed the revised specifications for the Happy Hollow Bridge temporary sanitary sewer bypass. Mr. Kishel advised the Council that in addition to the basic contract specifications, paragraphs had been added to include Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 RIVER HEIGHTS OFFICE PARK DELAWARE CROSSING Page 1168 October 16, 1979 an engineering evaluation incentive based on MN-DOT provision No. 1408. He also stated that a paragraph was included in the specifications to allow contractors to compute a deduct in the contract if the contractor agrees to purchase the salvage plastic piping on a unit basis. This would also provide that if the contractor to whom the bid is awarded does not desire to salvage the plastic pipe he must transfer the plastic pipe to the Public Works Garage. Mr. Kishel also stated that a liquidated damages clause was included in the proposed specifications to provide for a penalty of $50.00 per day for each day construction is delayed beyond the specified contract conclusion. Councilman. Losleben felt that the $50.00 per day liquidated damages was too low, and felt a $100.00 per day figure would be more appropriate. Councilman Losleben moved that a $100.00 liquidated damages provision be included in the contract for the Happy Hollow Bridge temporary sewer bypass project. Councilman Hartmann seconded the motion. Councilman Losleben moved the adoption of Resolution No. 79-110, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERSEMENT FOR BIDS FOR HAPPY HOLLOW BRIDGE SANITARY SEWER BYPASS (Improvement No. 79, Project No. 10), the bids to be accepted on November 14th. Councilwoman Witt seconded the motion. City Engineer Kishel advised the Council that as the result of discussions at the October 2nd meeting he has contacted Carmen Tuminelly relative to the feasibility study for the River Heights Officer Park. He stated that Mr. Tuminelly indicated that he would be in further contact with Mr. Kishel prior to this evening's meeting, however no contact was made. The Council expressed some concern over the amount of fill which had been placed on the site. As the result of this discussion, the Council directed the Public Works Director to review the approved grading plan for the River Heights Office Park to determine whether the grading in fact meets the plan. -It was also noted that it might be necessary to require that Mr. Tuminelly pursue a land reclamation permit for the amount of fill which has been placed on the site. City Engineer Kishel advised the Council of the recent meeting with the developer of Delaware Crossing, the contractor doing the public improvements, and staff members. Mr. Kishel advised the Council of some of the difficulties the contracto: is having in constructing streets within the Delaware Crossin( plat, the problems being due to wet spots in the road right- of-ways. He indicated that for the contractor to perform the work necessary to correct the unstable street surface condi- tions, the cost would be anywhere from $40,000 to $80,000 over the contract amount. He indicated however that if the contractor is given an extension until the spring of next FEASIBILITY STUDY EQUIPMENT PURCHASE Ayes: 5 Nays: 0 MISCELLANEOUS LIST OF CLAIMS Ayes: 5 Nays: 0 TAX FORFEIT PROPERTY LICENSES Page 1169 October 16, 1979 year, the conditions should stabilize and the contractor would than be able ton construct the streets in accordance with contract provisions. He advised the Council that the con- tractor will most probably request an extension of.the contrac deadline, but that Huber Drive and Decorah would be completed this fall. The Council acknowledged receipt of the feasibility study on Ivy Falls First Addition street and storm sewer proposed improvements. The Council acknowledged receipt of angineering status report for September. The Council reviewed a memo from Public Works Supervisor Ploumen requesting permission to order a new power broom for installation on the Park tractor. The memo indicated that if the broom is ordered at this time, it would be ready for use during this winter season. It was indicated that delivery would be made this fall, within six to eight weeks, and that payment would be made during 1980 from the 1980 budget. Mayor Lockwood moved approval of the request, directing submission of a purchase order for a power broom for the Park Department. Councilwoman Witt seconded the motion. The Council briefly discussed a proposed division of property near Roger's Lake. As the result of the discussion, staff was directed to research previous minutes and assessment history relating to this property. Councilwoman Witt moved approval of the list of claims sub- mitted for payment October 16, 1979. Councilman Losleben seconded the motion. The Council acknowledged receipt of a memo from the City Clerl and a request from the County for a reclassification of tax forfeit property. No action was taken on the matter. Furthei discussion was tabled to a future meeting. Councilman Losleben moved approval of the list of licenses, granting licenses to: John-David Contracting, Inc. Horwitz Mechanical, Inc. Kuehn Excavating D. F. Campbell Construction Construction Systems, Inc. John A. Dalsin and Son Leroy Signs, Inc. James Murr Plumbing Scandia Stucco Company General Contractor Licens( Heating & A.C. License Excavating License General Contractor Licens( General Contractor Licens( General Contractor Licens( General Contractor Licens( Plumbing License General Contractor Licens. Page 1170 October 16, 1979 Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further business to come before the Council, Councilwoman Witt moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:58 o'clock P.M. MeAt--,er, 'ocre.40"7/ Robert G. Lockwood Mayor ATTEST: athIeen M. Swanson City Clerk