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1979-02-06 Council minutesPage 1036 February 6, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 6, 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 7:35 o'clock P.M. The following Council Members were present: Mayor Lockwood, Councilman Hartmann, Councilman Mertensotto and Councilwoman Witt. APPROVAL OF Councilwoman Witt moved approval of the minutes of the MINUTES meetings held on December 5, December 19, and January 2. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 BID AWARD Ayes: 4 Nays: 0 City Engineer Kishel recommended that the contract for construction of a pond in connection with the Ivy Falls Creek drainage project be awarded to the low bidder, the Robert W. Moore Company. Councilman Mertensotto moved the adoption of Resolution No. 79-12, "RESOLUTION ACCEPTING BIDS AND AWARDING CON- TRACT FOR CONSTRUCTION OF A DRAINAGE AND STORM SEWER SYSTEM TO SERVE IVY FALLS CREEK AND ADJACENT AREAS, (IMP- ROVEMENT NO. 77, PROJECT NO. 14)", awarding the contract to the Robert W. Moore Company in the amount of $36,216.50. Councilman Hartmann seconded the motion. ASSESSMENT The Council acknowledged receipt of a memo listing the DEFERMENT history of Mr. Michael Posnansky's assessments. Mr. Pos- REQUEST nansky was present at the meeting and requested deferment of the Mayfield Heights storm sewer assessment for Parcel No. 27-02300-050-52, in the amount of $1,553.76. Mr. Pos- nansky stated that he is appearing at the meeting in res- ponse to a letter from the City informing him of Council action last September. He acknowledged that he had initiated a court action against the City in response to the storm sewer assessments against this parcel and the parcel on which his home is located. Councilman Mertensotto suggested that in view of the Court action, Mr. Posnansky should have his attorney contact the City's attorney on the requested deferment. Attorney Win- throp concurred, advising that it would be improper for the Council to take action at this time in view of the Court attion, and suggested that Mr. Posnansky or his attorney contact him, and if he determines that there might be a basis to reconsider he will so advise the Council. COMMISSION APPOINTMENTS Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Page 1037 February 6, 1979 The Council concurred with the City Attorney's comments, and took no action on the matter. The Council was advised that no requests for Commission appointment had been received since the January 16th meeting, and acknowledged that all candidates whose terms are expiring on January 31 have expressed interest in reappointment. Councilman Mertensotto moved to reappoint Mike Williams, Gerry Lundeen and Mary Mills to the Park Commission, the terms to expire on January 31, 1982. Mayor Lockwood seconded the motion. Mayor Lockwood recommended that Mrs. Dorothy McMonigal, 703 Second Avenue, be appointed to the Park Commission to fill the term vacated by Mrs. Witt. He noted that she has submitted a request for appointment to an advisory committee. Councilwoman Witt moved that Mrs. Dorothy McMonigal be appointed to the Park Commission, the term to expire on January 31, 1980. Councilman Mertensotto seconded the motion. Councilwoman Witt moved that Kevin Howe and Kathy Ridder be reappointed to the Planning Commission, the terms to expire on January 31, 1982. Councilman Hartmann seconded the motion. LEGISLATIVE Senator Howard Knutson was present to update the Council on MATTERS legislative matters and answer any questions. He advised the Council that the City's proposed Firemen's Pension bill is known as S.F. 256 and will probably be considered near the end of the session. The stadium liquor tax will be considered on February 8th. The Council had severalqueStions regarding highway completion and advised Senator Knutson that the Council supports the City of Eagan's position on I-35E but completion of 1-494 is of prime importance to the City prior to completion of I-35E. Administrator Johnson expressed the City's concern over Workmen's Compensation insurance, particularly excessive premiums compared to loss ratio, and unwarranted cancellation. He also expressed concern over a proposal to disallow "Double- dipping" (an individual benefitting from two public pension funds). He was especially concerned that if such a proposal is seriously considered, some provision should be made to allow City employees who are also volunteer firemen to participate in both PERA and the Firemen's pension plan. There was also discussion between Senator Knutson, the Council and Police Chief Thul regarding proposed Dakota County Court changes. MISCELLANEOUS 1 Page 1038 February 6, 1979 Senator Knutson urged the Council and staff to contact him at any time regarding pending legislation or any City proposals for new legislation. Dr. Tom Koepke was present to advise the Council that he is planning to make application for a conditional use permit to construct a bedroom and living quarters on the existing animal hospital. DEPARTMENT Police Chief Thul was present to expand on his written annual REPORTS report on 1978 Police Department activities. He briefly outlined portions of the report dealing with personnel, the decrease in burglaries and increase in the stolen property clearance rate, noting that the Mendota Heights clearance statistic is 4% higher than the State average. He also pointed out the increase in calls and decrease in man-hours. He expanded briefly on crime prevention activities and a possible correlation between those activities and the crime statistics. There were several questions and comments from the Council on such items as the incidence and location of traffic accidents and the increase in traffic citations issued in 1978 over other years. Mayor Lockwood commended the Chief for the report and the Department statistics. Fire Chief Siebell and Captain Lange were present to outline the 1978 Fire Department Annual Report. He capsulized the 1978 activities and expanded on the Department hopes for 1979. He outlined a proposal to construct a 40 foot by 40 foot addition onto the existing fire station for use as a training and meeting room. He stated that he has contacted Arthitect Bob Burow for estimates and anticipates $60,000 in construction costs plus $2500 to $4,000 for plans and specifications. He also noted that the Department is looking .forward to an anticipated August delivery date on the new fire truck. He also advised the Council that the Department is conducting two three-week CPR classes for Mendota Heights residents. He stated that he has also met with Sunfish Lake officials relative to developing a quick reference map of Sunfish Lake for Fire Department use. Captain Lange showed a series of slides of the existing fire station and the suggested location of the proposed addition, pointing out the need for replacement of windows. He discussed the need for conversion of an existing fire truck to a quick response vehicle, and showed slides of similar vehicles owned by another community. Chief Siebell and Captain Lange then answered questions from the Council. Mayor Lockwood commended them for the report and presentation. COMMISSION REPORTS CASE NO. 78-32, TUMINELLY BEAUTY SHOP Ayes: 4 Nays: 0 Page 1039 February 6, 1979 The Council acknowledged receipt of the January 27th Planning Commission meeting. Mr. Carmen Tuminelly was present to request approval of an office park Planned Unit Development across from Diamond Jim's. He showed the Council an architectural rendering of the development, advising that the design and landscaping will be as shown on the rendering. Administrator Johnson questioned whether B-1A zoning is appropriate for the development or whether B-1 zoning is required. Attorney Winthrop stated that the question of rezoning will have to be resolved prior to final approval of the P.U.D.. He pointed out that B-1A uses are relatively limited and it would be the concern of the developer to either comply with the uses allowed under B-1A or request a rezoning if the uses do not comply with B-1A. There was some discussion over whether a park contribution should be required. Attorney Winthrop stated that a PUD is not a plat, and would therefore not include a requirement for park contribution. However, he stated that if the PUD is for a condominium office park platting will be required and the park contribution would also be a requirement. After discussion, the Council directed that the City Engineer review the grading and engineering plans and that staff determine the escrow requirement and meet with Mr. Tuminelly to determine how the development should be platted. Mrs. Liz Mulcahy, 670 Second Avenue, was present to request approval to operate a beauty shop in her home two days a week. She stated that the State requires City approval before she can be issued a permit, and outlined other State regulations. Administrator Johnson pointed out that although "home occupation" is defined in the definition section of the Zoning Ordinance, the Ordinance is silent as far as permitted uses are concerned. He suggested that the Council should consider, an ordinance amendment addressing permitted uses. After some discussion, Mayor Lockwood moved to grant approval for one year, with renewal to be approved annually, and to authorize the City Administrator to sign the required State permit. Councilwoman Witt seconded the motion. R.L. JOHNSON Mr. R.L. Johnson and Mr. Pete Fischer, of Midwest Federal, were COMPANY, present to discuss proposed issuance of a $5 million industrial INDUSTRIAL REVENUE development revenue note for construction of a 400,000 square NOTE foot warehouse. Mr. Johnson and Mr. Fischer expressed objection to Items 7, 8, 11 and 13 of Resolution No. 79-10, which established guidelines for issuance of industrial revenue financing. Ayes: 4 Nays: 0 Page 1040 February 6, 1979 Financial Advisor Shaughnessy addressed the requirements as follow. Item No. 8 probably does not apply, considering the method of financing being employed. Since there is substantial equity in the building, there would be no conflict with the guidelines. Item No. 11 -- this was included in the guidelines because the Council does not want any uncompleted buildings. If there is a clause in the agreement between the developer and the lending agency covering completion of the structure, there would be no conflict with the guideline - provided the City is given assurance by the lending agency that once the structure is started it will be completed. Item No. 7 -- Mr. Shaughnessy explained that the City does not intend to hire a bonding consultant, incurring those professional expenses. He stated that the purpose for the $2,500 deposit is to cover any expenses incurred by the City for City Attorney fees and other direct City expenses. Item No. 13 -- Mr. Shaughnessy explained that monies collected by the City for acting as the financing conduit are intended to aid in the development of the industrial area, to support additional services, such as fire and street maintenance services, in the industrial area, and to he 1p the City's financial situation until tax revenues from the construction are realized. Mayor Lockwood also noted that this also gives the City an opportunity to regain a fair way of having the land area carry its share of the'City's park costs. Councilman Mertensotto ;pointed out that City approval of this type of financing allows the developer to gain an overall cost savings in paying back his debt. Mr. R.L. Johnson stated that Industrial Revenue Bonds accelerate industrial development and by putting this requirement on bond issuance the City is being regressive . There was considerable discussion over this matter, and Councilman Mertensotto pointed out that this development has been before the Council for some time, and consideration was given to it prior to adoption of the guidelines. After discussion, Councilman Mertensotto moved that the Council grant the request for abatement of a portion of the financing fee, reducing the amount from $21,500 to a flat fee of $15,000. Councilman Hartmann seconded the motion. This action was taken in view of the fact that the application was in prior to adoption of the fee schedule formally. Councilman Mertensotto moved the adoption of Resolution No. 79-13, "RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT TO BE CONSTRUCTED AND FINANCED UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF, AND AUTHORIZING THE PREPARATION OF DOCUMENTS Ayes: 4 Nays: 0 COMMUNICATIONS Ayes: 4 Nays: 0 VOLUNTEER FIREMAN APPOINTMENT Ayes: 4 Nays: 0 SUBURBAN RATE AUTHORITY Ayes: 4 Nays: 0 Page 1041 February 6, 1979 AND MATERIALS IN CONNECTION WITH THE PROJECT." Councilwoman Witt seconded the motion. The Council acknowledged receipt of the final Environmental Impact,Statement, for 1-494. The Council also received communications from the Dakota County Engineer and the Department of Transportation relative to a speed study conducted on Victoria Road between Lexington Avenue and T.H. 13. The Council acknowledged a League of Minnesota Cities invitation to annual legislative conference to be he ld on March 1st. The Council acknowledged receipt of a letter from the League of Minnesota Cities advising the Council that Governor Quie has proclaimed February 26 to March 2 as Minnesota Cities Week. The League letter urged City participation in the program and adoption of a resolution of participation. Mayor Lockwood moved the adoption of Resolution No. 79-14, "RESOLUTION OF PARTICIPATION IN MINNESOTA CITIES WEEK." Councilman Mertensotto seconded the motion. On the Recommendation of the City Administrator and Fire Chief, Councilman Mertensotto moved that Michael Blechinger, 605 W. Butler Avenue, be appointed to the Volunteer Fire Department. Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 79-15, "RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY," designating Administrator Johnson as Director, and Councilwoman Witt as alternate Director. Councilman Hartmann seconded the motion. SEWER RENTAL RATES The Council acknowledged receipt of a proposed resolution amending the sanitary sewer rental charges. Administrator Johnson advised the Council that the proposed rates are based on an across the board 25% increase as directed at a previous Council meeting. Mayor Lockwood felt that the rate for residences using private well systems should be the same as the minimum residential rate, $11.60 rather than $12.80 per quarter. As the result of considerable discussion, the Council concurred with the Mayor's recommendation. Page 1042 February 6, 1979 Mayor Lockwood moved the adoption of Resolution No. 79-16, "RESOLUTION SETTING SEWER RENTAL CHARGES FOR SINGLE FAMILY DWELLINGS, MULTIPLE DWELLINGS, AMENITY STRUCTURES, SCHOOLS, CHURCHES, PUBLIC BUILDINGS, COMMERCIAL AND INDUSTRIAL USERS," as amended to establish a rate of $11.60 for sewer users on private well systems. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 LOCAL PLANNING Councilman Hartmann moved the adoption of Resolution No. 79-17, GRANT "RESOLUTION REQUESTING 1978-79 LOCAL PLANNING ASSISTANCE GRANT FUNDS FROM THE METROPOLITAN COUNCIL." Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS Administrator Johnson discussed with or advised the Council of the following matters: Chamber of Commerce meeting on February 12, Dakota County Road and Bridge, Team Training, and his memo on Projects and Policies for 1979. DELAWARE CROSSING City Engineer Kishel presented the plans and specifications for construction of the Delaware Crossing improvements. Councilwoman Witt moved the adoption of Resolution No. 79-18, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT NO. 77, PROJECT NO. 10," the bids to be accepted on March 5th. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 PUBLIC WORKS On the recommendation of the Public Works Inspector, GARAGE Councilman Hartmann moved the adoption of Resolution No. 79-19, "RESOLUTION FOR ACCEPTANCE OF SUBSTANTIAL COMPLETION OF PUBLIC/ WORKS GARAGE FACILITY FOR OCCUPANCY." Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of the Treasurer's statement for January, 1979. Councilwoman Witt moved the adoption of Resolution No. 79-20, "RESOLUTION AUTHORIZING USE OF SAFE DEPOSIT BOX," authorizing use by the Administrator, Treasurer and Clerk. Mayor Lockwood seconded.the motion. Ayes: 4 Nays: 0 LICENSE Administrator Johnson advised the Council that the Birdsall REVOCATION Construction Company had contracted for construction of a residence in the City, receiving $10,000 as a downpayment, and subsequently submitted a check for the building permit amounting to nearly $1,000. He advised the Council that the check was returned NSF, and the contractor is now in the process of filing bankruptcy and will not construct the home. He Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 ADJOURNMENT Ayes: 4 Nays: 0 ATTEST: t/L Page 1043 February 6, 1979 recommended that in view of the circumstances it would be appropriate to revoke the contractor's license. Mayor Lockwood moved the adoption of Resolution No. 79-21, "RESOLUTION AUTHORIZING AND DIRECTING LICENSE REVOCATION." Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of the following motion: RESOLVED, that the claims submitted to the City Council for payment, a summary of which is set forth on the •list attached hereto and identified as List of Claims submitte d for payment, February 6, 1979, having been audited by the City Council, be and are hereby allowed and the Mayor and Treasurer of the City of Mendota Heights are hereby authorized and directed to issue City checks in payment of said claims. Councilwoman Witt seconded the motion. Councilwoman Witt moved approval of the list of licenses, granting, license to: Air C omfort, Inc. Woody Bruestle Asphalt Driveway Co., Inc. John David Contracting, Inc. Town and Country Builders Karl Maidment Builders Theisen-Fischer, Inc. Heating & Air Conditioning License Plumbing License General Contractor License General Contractor License General Contractor License General Contractor License Cement/Masonry Contractor License Mayor Lockwood moved approval of the Cigarette Licenses, granting licenses to:Snyder Drug Stores, Inc. Councilman Hartmann seconded the motion. Councilman Hartmann moved that licenses for Rubbish Hauling be granted to Mendota Heights Rubbish and Roadway Rubbish Service. Mayor Lockwood seconded the motion. There bedingno=further hUsiness to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 12:05 o'clock A.M. Robert G. Lockwood Mayor K hleen M. Swanson City Clerk