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