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1979-09-18 Council minutesPage 1146 September 18, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 18, 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 7:38 o'clock P.M. The following memberswere present: Mayor Lockwood, Councilmen Hartmann, Losleben, and Councilwoman Witt. Councilman Mertensotto was absent. APPROVAL OF Councilman Losleben moved approval of the minutes of the MINUTES August 28th meeting. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 HEARING -- 1980 PROPOSED BUDGET Ayes: 4 Nays: 0 Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed budget for 1980. He advised the audience and Council that a notice of the hearing has been published in the Sun Newspaper several weeks ago to notify the citizens of the hearing and proposed budget amounts. He reviewed the estimated expenditures for 1979 and the proposed allocations for 1980 for each of the departments. He stated that the anticipated $37,159 Revenue Sharing allocation is proposed to be used for financing the Public Works garage fund deficit. He explained that the departmental increases reflect the shifting of costs of PERA, FICA, insurance, and actual costs of labor into each of the departments in order to reflect a more valid total expenditure per department. He noted that the Utility costs increased because of a 50% increase in the Waste Control Commission billing from $130,000 for 1979 to $197,000 for 1980. The Council acknowledged receipt of a memo from Treasurer Shaughnessy regarding the issuance of $180,000 in Certificates of Indebtedness.Administrator Johnson explained the need for issuance of the certificates to finance 1979 budgeted expenditure for the Police and Fire Department equipment, including the new fire truck, and 1980 proposed purchases of street, police and fire department equipment. After discussion, Councilman Losleben moved the adoption of Resolution No. 79- 95, "RESOLUTION AUTHORIZING NEGOTIATION FOR $180,000 GENERAL OBLIGATION CERTIFICATES OF INDEBTEDNESS OF 1979." Mayor Lockwood seconded the motion. Mayor Lockwood asked for questions or comments from the audience. There being no questions or comments, Mayor Lockwood moved that the hearing be closed. Ayes: 4 Nays: 0 BID AWARD Ayes: 4 Nays: 0 Page 1147 September 18, 1979 Councilman Hartmann seconded the motion. The hearing was closed at 8:10 o'clock P.M. The Council received and reviewed an abstract of bids received for construction of Ivy Falls Creek/Maple Park Drive storm sewer improvements. On the recommendation of the City Engineer, Councilman Losleben moved the adoption of Resolution No. 79-96 , "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR IVY FALLS CREEK/MAPTR PARK DRIVE STORM SEWER IMPROVEMENTS (IMPROVEMENT NO. 79, PROJECT NO. 6)," awarding the contract to the low bidder, F. F. Jedlicki, Inc., for their bid of $19,575.00. Councilwoman Witt seconded the motion. MARIE AVENUE The Council acknowledged receipt of a tabulation of bids BRIDGE REPAIR received for construction of Marie Avenue bridge approach BIDS subsurface restoration. Discussion on.the matter was delayed to later inthe meeting. CASE NO. 79-23, HAUGEN VARIANCE Ayes: 4 Nays: 0 VARIANCE POLICY It was noted by the Council that discussion on the application for front yard setback variance at 753 Pontiac Place has been continued from September llth at which meeting staff had been directed to prepare a history of Friendly Hills Addition front yard setback variance approvals. The Council acknowledged and briefly discussed a staff report outlining such variances which received approval since 1972. The report indicated that there had been two variances of less than five feet granted and that variances of nine and one-half feet and ten feet were also granted. After a brief discussion, Mayor Lockwood moved approval of a ten foot front yard setback variance at 753 Pontiac Place, to allow construction of a garage twenty feet from the front property line. Councilwoman Witt seconded the motion. It was the concensus of the Council that a policy should be adopted which would limit consideration of front yard setback variances to applications for variances of 10 feet or less. The primary concern was that approval of variances which would allow conversion of garage space into living space might create situations where future garage construction might require variances which would intrude upon the front yards closer than twenty feet from the property line. After discussion, Councilman Losleben moved the adoption of a policy limiting front yard setback variance consideration to those applications requesting variances of ten feet or less, and requiring submission of a plan showing how a new garage could be constructed in such a way as not to create the necessity to consider additional future front yard setback requests (in Ayes: 4 Nays: 0 CASE NO. 79-24, BJORKLUND Ayes: 4 Nays: 0 Page 1148 September 18, 1979 those cases where an existing garage is being converted to living space). Councilwoman Witt seconded the motion. Mr. Richard Bjorklund, Jr., was present to discuss his application for variance for Lot 3, Block 8, Ivy Falls Second Addition. In response to Council direction on September llth, Mr. Bjorklund presented a revised site plan showing a proposed structure in relation to the proposed 10 foot sideyard on Emerson. Mayor Lockwood moved approval of a 20 foot sideyard setback variance as requested, to allow construction of a structure 10 feet from the property line abutting Emerson Avenue. Councilman Hartmann seconded the motion. WATER SYSTEM The Council acknowledged receipt of letters from Sports Power, ASSESSMENTS Inc., Mrs. J.D. Thompson, Mr. Jerry Schouveller, Mr. Robert Larson, and Mr. Brian Birch relative to the assessments for water system improvements. The Council also acknowledged a memo from the City Administrator recommending that the Council consider deferring the making of assessments against properties on which residences are located, based on a maximum deferment of $625, or the equivalent of one-half acre of property. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 After discussion, Councilman Hartmann moved the.adoption of Resolution No. 79-98, "RESOLUTION DEFERRING THE-MAKING OF— ASSESSMENTS RELATIVE TO MUNICIPAL WATER STORAGE TANK AND RELATED DISTRIBUTION LINE IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 8," deferring the making of assessments of up to $625 for those parcels recommended in the Administrator's memo. Councilwoman Witt seconded the motion. Mr. Herbert Dalglish was present to request a deferment on the Ostertag property, Parcel No. 27-03400-010-27. Mr. Dalglish stated that the property is very narrow and probably couldn't be built upon unless it is put together with another property. After discussion, Councilman Losleben moved the adoption of Resolution No. 79-99, "RESOLUTION DEFERRING THE MAKING OF . ASSESSMENT AS TO OSTERTAG PROPERTY (IMPROVEMENT NO. 77, PROJECT NO. 8)." Councilwoman Witt seconded the motion. The Council acknowledged and briefly discussed the letter from Mr. Brian Birch. It was the concensus of the Council that since Mr. Birch has submitted no definitive and acceptable alternative assessment proposal no action should be taken. Page 1149 September 18, 1979 The Council briefly discussed the letter from Mrs. Thompson requesting deferment of assessments against the Stanley Sell property. It was the concensus of the Council that the property is in a prime development area and there is no basis for deferment. The Council acknowledged and discussed a letter from Belzer and Brenner, Ltd., relative to the water system improvement assessment for Sports Power, Inc. The Council considered the request and determined that there was no basis for granting a deferment and therefore no action should be taken. The Council expressed concern over control of future collection of deferred assessments, and felt that some type of control should be initiated. Attorney Winthrop concurred, and recommended that filing something of record with the County for each of the deferments would be advisable. Councilman Losleben moved that the City Attorney be directed to prepare the necessary covenants for properties which have received deferments. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 DEPARTMENT REPORTS The Council acknowledged and briefly discussed the Code Enforcement Officer's report on building activities for July and August. COMMISSION REPORTS The Council acknowledged receipt of the minutes of the September llth special Planning Commission meeting. COMMUNICATIONS COMMUNICATIONS Ayes: 4 Nays: 0 H.U.D. The Council acknowledged receipt of a letter from Mrs. Helyn Kulhanek requesting deferment of past assessments against her property. The Council determined that no action could be taken on the request without additional information. The Council acknowledged a letter and proposed resolution from the Metropolitan Airports Commission regarding zoning airport en- virons and the creation of a Joint Airport Zoning Board. Mayor Lockwood moved the adoption of Resolution No. 79-100, • "RESOLUTION AUTHORIZING PARTICIPATION IN JOINT AIRPORT ZONING BOARD," appointing Councilman Losleben and Financial Advisor Shaughnessy as the City's representatives on the Board. Councilman Hartmann seconded the motion. Ms. Carol Schultz, of the Dakota County H.R.A., was present and reviewed the County's HUD rehabilitation program for the Council. She advised the Council that HUD requires signed cooperative agreements from all communities in the County before it will approve addition funds for the program for 1981. She advised that in essence, approving the agreement simply means that all home-owners meeting the HUD guidelines will be eligible for the rehabilitation funds. Ayes: 4 Nays: 0 COMMUNICATIONS MISCELLANEOUS Ayes: 4 Nays: 0 MISCELLANEOUS Page 1150 September 18, 1979 After discussion, Councilwoman Witt moved to authorize the Mayor and Clerk to execute the cooperative agreement with HUD for rehabilitation of existing residences. Councilman Hartmann seconded the motion. The Council acknowledged a letter from Capitol City Cablevision, Inc. Administrator Johnson briefly reviewed discussions and information presented at a recent Cable Communications Commission meeting. The Council acknowledged a letter from Health Officer Chao regarding dumping of refuse on a vacant lot on Simard Street and a report of rats at another location. It was the concensus of the Council that the recommendation on signing at the Simard location be considered. Mr. Tom McGown, 768 Wentworth Avenue, requested approval of the parking of cars in the Wentworth Park on September 29th. He stated that his family is planning a large party on that date and it is felt that parking on Wentworth would be too hazardous. He stated that he would direct people to park on the gravelled roadway areas of the park and keep cars off the grassy areas. Members of the Council expressed concern over possible damages to the park and the need for subsequent repairs. After discussion, Mayor Lockwood moved that the parking request be approved, conditioned upon the Park Leadman and Police being satisfied that the park will not be damaged. Councilwoman Witt seconded the motion. Administrator Johnson advised the Council that the Critical Areas Overlay Ordinance is still incomplete and would be submitted at a future meeting. The Council acknowledged receipt of a memo from Steve Tourek regarding the basis for assessing for storm sewer improvements. Administrator Johnson advised that the information had been submitted to the League of Minnesota Cities. Administrator Johnson advised the Council that the grievance process for Officer Plath's suspension had been completed and a two-day suspension was upheld. HALLOWEEN Administrator Johnson stated th at Mr. Russell Wahl has BONFIRE requested approval to again conduct the annual Halloween Bonfire and further requested that the City provide $200 to cover costs of the event. Councilman Hartmann moved approval of an expenditure of up to $20( for the conduct of the annual Halloween Bonfire. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 SPECIAL MEETING MISCELLANEOUS MARIE AVENUE BRIDGE BIDS Page 1151 September 18, 1979 Administrator Johnson reminded the Council of a special meeting to be conducted at 6:30 P.M. on September 27th for a discussion and presentation by the City Planner on highways. Mr. Ken Gauw was present and requested that the Council take some action to prohibit dirt bikes on the I-35E right-of-way near the industrial park. It was noted that the bikers are mostl using right-of-way located in Eagan. After discussion, the matter was referred to the Police Chief for review and discussion with Eagan police. Councilman Hartmann advised the Council of a house on Simard which is occupied but is not completed on the exterior. The Council directed the Code Enforcement Officer to look into the matter and enforce any appropriate ordinances. The Council acknowledged receipt of the Engineering Status Report for August. The Council briefly discussed the bid tabulation for Marie Avenue bridge approach repairs. Engineer Kishel advised that the contract is only for the west end of the bridge and recommended that the contractor be requested to submit a bid for repairs on the east end also. Further discussion was tabled to September 27th. FEASIBILITY STUDY The Council acknowledged receipt of the feasibility study for proposed improvements to serve the River Heights Office Park. CHANGE ORDER Ayes: 4 Nays: 0 MISCELLANEOUS Councilman Losleben moved approval of Change Order No. 1 to the contract for Rolling Green Addition improvements, reducing the< contract amount for street base construction by $4,013.80. Mayor Lockwood seconded the motion. Attorney Winthrop advised the Council that he has contacted Harry Kirchner relative to possible city interest in the Kirchner property on Dodd Road. He advised that Mr. Kirchner indicated a price of $140,000 for the entire piece of property or $91,000 for the store property only. As the result of the discussion, the Council authorized and directed the City Attorney to acquire an option on both parcels. ASSESSMENT APPEAL Attorney Winthrop advised the Council on the status of the Morin assessment appeal. The concensus of the Council was that the assessment on the lot on which the residence is located should remain, however the assessments against the other three parcels should be cancelled. Councilman Losleben was excused from the meeting at 10:55 P.M. OPEN HOUSE Page 1152 September 18, 1979 Public Works Director Danielson advised the Council that the Public Works Garage open house is scheduled for October 21st from 2:00 to 4:00 P.M. TREASURER'S REPORT The Council acknowledged receipt of the Treasurer's report for August. LIST OF CLAIMS Ayes: 3 Nays: 0 LICENSES Ayes: 3 Nays: 0 ADJOURN Ayes: 3 Nays: 0 ATTEST: Councilwoman Witt moved approval of thelist of claims submitted for approval with the agenda. Councilman Hartmann seconded the motion. Mayor Lockwood moved approval of the list of licenses, granting licenses to: Air Seal Company Hubbell Excavating Roofings, Inc. Badco Construction General Contractor License Excavating License General Contractor License General Contractor License Councilwoman Witt seconded the motion. There being no further business to come before the Council, Councilwoman Witt moved that the meeting be adjourned to 6:30 P.M. on September 27th. Mayor Lockwood seconded the motion. TIME OF ADJOURNMENT: 11:38 o'clock P.M. Robert G. Lockwood Mayor K thleen M. Swanson City Clerk