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1979-10-02 Council minutesPage 1154 October 2, 1979 CITY OF MENDOTA HEIGHTS DAKOTA QOUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 2, 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, Mertensotto, and Councilwoman Witt. APPROVAL OF Mayor Lockwood moved approval of the minutes of the September 4th MINUTES •meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the minutes of the September llth meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 HEARING -- Mayor Lockwood opened the meeting for the purpose of a public INDUSTRIAL REVENUE hearing on an application for industrial revenue financing FINANCING for the Louis 0. Werneke Company. Ayes: 5 Nays: 0 Mr. Werneke have the Council a brief presentation on his business, the type of activity which will be conducted, information on the printing process and information on the pumping and disposal of wastes and storage of materials. Mr. Werneke stated that he is considering installing a series of 6-2000 gallon underground storage tanks. He advised the Council that if the financing is approved and the facility is constructed, he plans to add 15 new employees to his staff. Mr. Werneke then answered questions from the Council. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Losleben moved that the hearing be closed. Councilman Mertensotto seconded the motion. The Hearing was closed at 7:50 o'clock P.M. Councilman Losleben moved the adoption of Resolution 79-1011 "RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT Ayes: 5 Nays: 0 HEARING--CASE #79- 20, MENDOTA HEIGHTS ANIMAL HOSPITAL Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE #79-28, ARCHITECTURAL ALLIANCE Ayes: 5 Nays: 0 Page 1155 October 2, 1979 AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT," relative to the Werneke application for $275,000 in industrial revenue bonds. Councilman Mertensotto seconded the motion. It was noted by the Council that the hearing on the application for a conditional use permit for an addition to the Mendota Heights Animal Hospital had been continued from September llth. Dr. Tom Koepke, who was present at the meeting, reviewed a revised plan for the addition. Dr. Koepke advised the Council that the revised plan reflects a 23 x 261/2 foot single story addition to the structure. It was noted by the Council that the rear yard setback shown on the plan indicates a 20 foot setback rather than the required 30 foot setback. The Council advised Dr. Koepke that the 30 foot setback must be maintained and it was a suggestion that the proposed eight foot storage area be eliminated. Mayor Lockwood asked for questions and comments from the audience, There being no questions or comments from the audience, Council- man Losleben moved that the hearing be closed at 8:10 o'clock P.M. Councilwoman Witt seconded the motion. Councilman Losleben moved adoption of Resolution No. 79-102, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR MENDOTA HEIGHTS ANIMAL, HOSPITAL", based on the plan reviewed on October 2nd and conditioned upon conformance to the 30 foot rear yard setback requirement. Councilwoman Witt seconded the motion. Mr. Jim Harris, of Cray Research, was present to discuss the application from Architectural Alliance for a sign setback variance for Cray Research. Mr. Harris requested approval of a variance to allow a sign 10 feet from the front property line rather than 40 feet as required by the Ordinance. The sign is proposed to be installed 10 feet from the property line on Northland Drive, at the entrance to the Cray Research site. Councilman Losleben moved approval of a variance to allow installation of a sign 10 feet from the property line as request& Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE #79-29, ROSS, VARIANCE Ayes: 5 Nays: 0 CASE #79-27, RILEY, VARIANCE Ayes: 5 Nays: 0 CASE #79-30, GODES, VARIANCE Page 1156 October 2, 1979 Public Works Director Danielson advised the Council of a request from Cray Research for approval of an easement agreement which would grant the City and St. Paul Water Department an easement for maintenance of a private water line on the Cray Research property. After a brief discussion, Councilman Losleben moved that the Mayor and City Clerk be authorized to execute the easement agreement. Mayor Lockwood seconded the motion. Mr. David Ross was present to request approval of a variance to allow construction of a 9 foot by 12 foot storage shed, seven feet from the rear lot line at 651 Callahan Place. It was noted by the Council that written approval from five adjoining property owners had been submitted along with the application for variance. Councilman Losleben moved approval of a 23 foot rear yard set- back variance to allow construction of a utility shed, seven feet from the rear property line. Councilwoman Witt seconded the motion. Mr. Roger Riley was present to request approval of a variance to allow construction of a 10 foot high fence around the tennis court on his property located at 1403 Medora Road. Councilwoman Witt moved approval of a four foot fence height variance, granting approval to construct a 10 foot cyclone fence around the tennis court at 1403 Medora Road. Mayor Lockwood seconded the motion. Mrs. Thomas Godes was present to request approval of a variance to allow construction of a 9'6' x 14'7" storage building, five feet from the rear property line at 748 Pontiac Place. On the recommendation of the Planning Commission, Mayor Lockwood moved approval of a 25 foot rear yard setback variance, allowing construction of a storage shed five feet from the rear lot line and five feet from the side yard property line. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CRITICAL AREAS The Council acknowledged and briefly discussed the proposed OVERLAY revised Critical Areas Overlay Ordinance. As part of the ORDINANCE discussion, Attorney Winthrop recommended that a copy of the proposed Ordinance be submitted to the attorney for the HAPPY HOLLOW BRIDGE RELOCATION Ayes: 5 Nays: 0 DEPARTMENT REPORTS COMMISSION REPORTS PARK COMMISSION Page 1157 October 2, 1979 developers of the Valley View Oaks Addition. It was also noted that the proposed Ordinance should be submitted to the Metropol- itan Council after review by the developers attorney. It was the concensus of the Council that the proposed Ordinance be approved in concept and that it be submitted to the attorney for Dr. Culligan, then to the Metropolitan Council for review, and that further discussion be continued to October 16th. City Engineer Kishel briefly reviewed proposed plans and specifications for the Happy Hollow Bridge sanitary sewer bypass. It was noted by the Council that the sewer line bypass would only be temporary, and •that final construction of the sanitary sewer crossing would be done as part of the Mn/DOT Happy Hollow Bridge replacement project. It was the concensus of the Council that the plans and specifications should include or allow bidding for alternate siphon sy6tems. After considerable discussion, Mayor Lockwood moved the adoption of Resolution No. 79-103, "RESOLUTION ORDERING CONSTRUCTION OF TEMPORARY HAPPY HOLLOW BRIDGE SANITARY SEWER BYPASS AND PRE- PARATION OF PLANS AND SPECIFICATIONS THEREFORE (Improvement No. 79, Project No. 10)", and directing the Engineer to explore the alternatives which could be included in the plans and spec- ifications. Councilman Losleben seconded the motion. The Council acknowledged receipt of the Police Department monthly report for August. The Council acknowledged receipt of the Planning Commission minutes for September 25. The Council acknowledged receipt of the Park Commission minutes for August 28 and September 25. Park Commission Chairwoman Mary Mills was present to review and expand on Park Commission recommendations from the September 25th meeting. Mrs. Mills reminded the Council of past Council action approving an expenditure of $2,400 for park equipment for the Rogers Lake Park, and the Council direction that the Park Com- mission explore the possibility of hiring a consultant to assist the Commission in determining what equipment should be purchased and planning a layout for the equipment. Mrs. Mills advised the Council that the Commission has met with a con- sultant, Gary Tuchie, to study the Rogers Lake Park layout. She advised the Council of the Park Commission recommendation to approve a contract with Mr. Tuchie for $2,400 to prepare a plan to improve Rogers Lake Park. Mayor Lockwood stated that he would prefer that the Park Commission contact someone locally to recommend what equipment is needed and where the equipment should be placed, rather than expending $2,400 for a study of COMMUNICATIONS LOGIS Ayes: 5 Nays: 0 Page 1158 October 2, 1979 redesigning Rogers Lake Park. Councilman Losleben suggested that the Commission contact two or three park playground equipment vendors to get recommendations on types of equipment. There was considerable discussion regarding a possible future park bond issue referendum and the associated need for park studies at that time. It was the determination of the Council that a contract for a redesign plan for Rogers Lake would be premature at this time. It was the concensus of the Council that the Park Commission should contact playground equipment vendors, determine what equipment is needed at this time, and expend the $2,400 on appropriate playground equipment. Mrs. Mills reviewed the September 25th Park Commission discussion regarding the Lexington/Marie Pond. Mrs. Mills explained the Park Commission concern over the current problem of overflow water from the pond extending 20 feet onto private property. She recommended that the City should do something to reduce the pond water level. Mrs. Mills also expressed the Park Commission recommendation that the ravine which runs into the pond should be repaired to keep silt and erosion out of the pond. Public Works Director Danielson stated that the overflow pipe could be lowered at an estimated cost of $800, or that perhaps a T-pipe could be placed at the end of the outlet. There was some question over the methods for financing any changes. It was the concensus of the Council that if the Park Commission feels that something should be done and that fin- ancing can be accomplished through the special park fund, the Council would consider the repairs. The matter was therefore referred back to the Park Commission. The Council acknowledged receipt of a letter from the City of Hopkins regarding a regional meeting of the League of Minnesota Cities to be held on October 25th. Councilman Losleben indic- ated that he would attend the meeting as a representative of the City. The Council acknowledged receipt of a letter and proposed Resolution from LOGIS relative to the LOGIS purchase of an HP-3000 computer system, and the associated need for protection of Optimum Systems, Inc., software. Councilman Hartmann moved the adoption of Resolution No. 79-104, "RESOLUTION APPROVING COVENANTS RELATIVE TO USE OF GEMINUS/3000 SYSTEM". Councilman Losleben seconded the motion. COMMUNICATIONS MENDOTA POLICE SERVICE CONTRACT Ayes: 5 Nays: 0 HIGHWAYS Ayes: 5 Nays: 0 Page 1159 October 2, 1979 The Council acknowledged receipt of a letter from Mr. Brian Birch relative to assessments for water tank and water system improvements. Treasurer Shaughnessy reviewed for the Council water tank financing and the distribution of costs based on the three financing methods: assessment of commercial/ industrial properties, water availability charge, and water surcharge. Mr. Carl Robinette, acting Mayor for the City of Mendota, was present to request Council approval of a request from the City of Mendota for police protection by the City of Mendota Heights. The Council acknowledged and discussed a letter from Police Chief Thul to Mr. Robinette which indicated a recommended charge of $30,927, for such police protection. Administrator Johnson outlined the basis for the charges, including the costs involved in the employment of an additional patrolman if the Mendota request is approved. Mr. Robinette stated that Mendota is requesting this police service because the charges from the City of Lilydale for police protection have increased by $12,000 over the 1979 amount and his City cannot afford that large an increase in one year. He stated that in order for the Mendota officials to prepare levy information for filing with the County by October 10th, it would be necessary that some type of determination on police protection costs be made in the very near future. Several members of the Council expressed concern that there be a long term contract with the City of Mendota if the police servicing is approved. Administrator Johnson recommended that an agreement similar to the fire servicing agreement, including a formula with annual charges for the length of the contract, be prepared. After discussion, Councilman Mertensotto moved that the City of Mendota Heights be committed to provide police service to the City of Mendota for the year 1980 for $30,927. Mayor Lockwood seconded the motion. The Council directed the City Attorney and the City Administrator to prepare a contract for a five year service duration, the contract setting forth a formula of charges based on escalating costs. The Council acknowledged receipt of a letter from the Urban Council on Mobility and a proposed resolution regarding construction of I-35E along the A-1 alignment, bridging Blackhawk Lake. Councilman Losleben moved the adOption of Resolution No. 79-105, "RESOLUTION URGING CONSTRUCTION OF I-35E, A-1 ALIGNMENT/ BLACKHAWK LAKE BRIDGING". Councilwoman Witt seconded the motion. RIVER HEIGHTS OFFICE PARK Page 1160 October 2, 1979 It was the determination of the Council that no action regarding the River Heights Office Park feasibility study should be taken until a response from the developer is received. The Council directed City Engineer Kishel to contact Mr. Tuminelly regarding the status of the project. MENDOTA HEIGHTS City Engineer Kishel presented to the Council plans and spec- CONGREGATIONAL ifications for construction of a 235 foot extension. to the CHURCH sanitary sewer system to serve the Mendota Heights Congregational Church. After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 79-106, "RESOLUTION APPROVING PLANS AND SPEC- IFICATIONS FOR SANITARY SEWER EXTENSION AND AUTHORIZING INFORMAL BID PROCEDURE (Mendota Heights Congregational Church, Improvement No.'79, Project No. 11):' Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 HIGHWAYS City Attorney Winthrop advised the Council that on October 3rd, the City of Sunfish Lake and M.P.I.R.G., are scheduled to appear in court to request a temporary injunction to stop the crossing of Sunfish Lake by 1-494. Mr. Winthrop asked the Council what extent of participation he should take at the hearing. He asked for direction on whether he should attend the hearing and express to the court the intention of the City to become a party with Mn/DOT in the proceedings, or whether he should simply ask for pleadings and proceedings after the hearing and make a recommendation to the Council based on his findings. There was considerable discussion by the Council on whether the City should express its intent to become a party in the proceedings at this point or whether a determination on participation should be made after the October 3rd hearing. It was the concensus of the Council that the City should not become a party in the proceedings at this point. Mayor Lockwood moved to direct the City Attorney to request copies of the pleadings and proceedings after the hearing, to review and evaluate the information, and to make a recommend- ation to the City Council on future action. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 POSNANSKY Councilman Losleben moved the adoption of Resolution No. 79-107, ASSESSMENT "RESOLUTION AMENDING RESOLUTION NO. 79-39". Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 ELECTION EQUIPMENT Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 Page 1161 October 2, 1979 The City Clerk briefly reviewed a memo recommending adoption of a Joint Agreement for purchase of a second election ballot counter. Mayor Lockwood moved approval of the Joint Use Agreement and authorization for the Mayor and Clerk to execute said agreement. Councilman Hartmann seconded the motion. Councilman Hartmammoved approval of the list of claims submitted with the agenda. Councilwoman Witt seconded the motion. Councilman Losleben moved approval of the list of licenses, granting licenses to: Shafer Construction Midwest Erectors Horwitz Mechanical, Inc. Rascher Plumbing & Heating Bauer Construction H.F. Fleischhacker, Inc. Hearth"& Homes Company North St. Paul Plumbing & Heating Gas Supply, Inc. Haussner Plumbing & Heating Vickerman Construction Co., Inc. Peterson Stucco, Drywall & Plastering Councilwoman Witt seconded the motion. General Contractor License General Contractor License Plumbing License Gas Heating License - General Contractor License Cement/Masonry License General Contractor License Plumbing License General Contractor License Plumbing License General Contractor License General Contractor License The City Clerk advised the Council that the Public Hearing on an application from Mr. David VanLandschoot for wetlands permit and subdivision approval should have been conducted on September llth, but was delayed in response to a request from the applicant. She advised the Council that Mr. VanLandschoot has now requested that the hearing be scheduled for November 6th, and recommended that the Council approve this request. Mayor Lockwood moved that a Public Hearing on an application for wetlands permit and subdivision of Lot 18, Linden Addition, be conducted on November 6th. Councilman Losleben seconded the motion. 1979/1980 LEVY Page 1162 October 2, 1979 Administrator Johnson reviewed his memo and a proposed resolution to establish the 1979/1980 levy. Mr. Johnson advised the Council that the proposed 1979 levy is $743,300, as compares to a 1978 levy of $590,700. Mr. Johnson reviewed the explanation for this proposed increase, which reflects among other items, $100,000 of Certificates of Indebtedness to finance two new trucks for the Road and Bridge Department, the costs of heating and main- taining the new Public Works Garage, the employment of one additional Public Works maintenance man, and an increase of $30,000 in the seal coating line item. There was considerable discussion by the Council on possible ways to reduce the levy amount. Councilman Losleben suggested that the seal coating amount be reduced by $15,000, that the proposed additional Public Works position be deleted, and that no policeman be hired as a result of servicing Mendota. Councilman Mertensotto also expressed his concern at the increase in the levy amount over 1978, and felt that the proposed alloc- ations for certain items should be reduced in order to reduce the levy amount. Councilman Losleben reminded the Council that an increased levy resulting in increased taxes would probably be followed by a 30 - 35% increase in sewer billings to reflect increased charges by the Metropolitan Waste Control Commission for 1980. Treasurer Shaughnessy advised the Council that the levy could be reduced by $7,500 to reflect a reduction in interest payable on Certificates of Indebtedness, since the new Public Works trucks are not anticipated for arrival until October or November of 1980. After a lengthy discussion, Mayor Lockwood moved the adoption of Resolution No. 79-108, "RESOLUTION APPROVING 1979 LEVY COLLECTIBLE IN 1980", the $743,300 levy amount to be reduced by $7,500 to reflect the reduction in interest on the Certificates of Indebtedness. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 2, Mertensotto, Losleben ADJOURN Ayes: 5 Nays: 0 ATTEST: There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned: Mayor Lockwood seconded the motion. Time of adjournment: 1:43 o'clock A.M. Robert G. Lockwood Mayor Kathleen M. Swanson City Clerk