1978-12-05 Council minutesPage 1007
December 5, 1978
CITY op MENDOTA HEIGHTS.
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 5, 1978
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 Losleben, Mertensotto and
Wahl. Councilman Huber had notified the Council that he would be late.
APPROVAL OF Councilman Losleben moved approval of the minutes of
MINUTES the November 9th meeting.
Councilman Wahl seconded the motion.
Ayes: 3
Nays: 0
Abstain: 1
Mertensotto
Councilman Losleben moved approval of the minutes of the
November 21st meeting.
Councilman Mertensotto seconded the motion.
Ayes: 4
Nays: 0
HEARING ON Mayor Lockwood called the meeting to order for the purpose of
ELEVATED WATER TANK a hearing on the City of Mendota Heights application for
conditional use permit for an elevated water storage tank.
Administrator Johnson noted that a public hearing had been
conducted by the Planning Commission and that notices of
the Council hearing had been published in the Sun Newspaper,
and mailed to property owners within 350 feet of the site.
He noted that the structure is proposed to be located on
the west side of Lexington Avenue, immediately south of
and adjacent to the Resurrection Cemetery. He stated that
the tank basically is to consist of a base 11/2 million gallon
tank approximately 195 feet high. There are four consider-
ations at the present time: a 11/2 million gallon fluted
tower tank; a 1½ million gallon spheroidal tank; a 2 million
gallon fluted tank, and a 2 million gallon spheroidal tank.
Mayor Lockwood asked for questions and comments from the
audience.
There being no questions or comments from the audience,
Councilman Mertensotto moved that the hearing be closed.
Councilman Losleben seconded the motion.
Ayes: 4
Nays: 0 The hearing was closed at 7:47 o'clock P.M.
Page 1008
December 5, 1978
The hearing was closed at 7:47 o'clock P.M.
Councilman Htberarrived at 7:48 o'clock P.M.
Councilman Mertensotto moved the adoption of Resolution No.
78-119, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR
ELEVATED WATER STORAGE TANK."
Councilman Losleben seconded the motion.
Ayes: 5
Nays: 0
BID AWARD, VALLEY The Council acknowledged receipt of the bid tabulation for a
PARK BRIDGE bridge structure for Valley Park. City Engineer Kishel stated
that only one bid, that of DeBourgh Manufacturing for $4,683,
was received. He advised that footings and installation of the
structure will also be needed and that the structure delivery
will be on or about February 15th.
Public Works Inspector Pearson stated that he has contacted
three firms for footing installation quotations, but that two of
the quotes were extremely high. He advised that it appears that
footing construction, bridge installation, re-shaping of the
pathways, erosion correction and seeding could cost as much as
$20,000. He further advised that he received a telephone
quotation todayof.approximately $8,900 for footings and bridge
installation. He recommended that the bridge bid award be made,
and further, that the footings and bridge installation be
separated from the erosion correction and finish work, hopefully
reducing the overall cost.
Councilman Losleben moved the adoption of Resolution No. 78-120,
"RESOLUTION ACCEPTING BIDS -AND AWARDING CONTRACT FOR VALLEY PARK
BRIDGE."
Councilman Huber seconded the motion.
Ayes: 5
Nays: 0 Public Works Inspector Pearson was directed to report back to the
Council with information on costs for completion of the total
project.
BID OPENING, The Council acknowledged receipt of a tabulation of bids
ELEVATED WATER received for the proposed elevated water storage tank. Engineer
STORAGE TANK. Kishel recommended that the bid be: awarded to Pittsburgh-
Des Moines Steel Company, for their low bid of $976,300 for a
11/2 million gallon fluted column elevated water tank.
Councilman Huber seconded the motion.
A lengthy discussion on possible future capacity needs and
financing of the structure ensued. Administrator Johnson
recommended that Financial Advisor Shaughnessy be directed
to prepare financing_idbrmation for both a 11/2 million gallon
tank and a 2 million gallon tank.
As the result of the discussion, Councilman Huber withdrew his
second to the motion. Mayor Lockwood withdrew the motion.
Page 1009
December 5, 1979
The Council directed staff to prepare additional information on
possible future capacity needs and financing needs for a
2 million gallon tank.
Councilman Huber moved that discussion be continued to
December 19th.
Mayor Lockwood seconded the motion.
Ayes: 5
Nays: 0
HAPPY HOLLOW Mr. Merritt Linzie, from Mn/DOT, was present to explain
BRIDGE Mn/DOT plans for Happy Hollow Bridge repairs. Mr. Linzie
• stated that the Department plans to replace both the Happy
Hollow Bridge and the bridge over CSAH 45, as both are in a
deteriorated state. He advised that additional shoulders on the
new Happy Hollow bridge will require six-foot shifting of the
• bridge to the southeast and the project is scheduled for bid on
January 26th. The bridge over CSAH 45 (Lilydale Road) is
scheduled for bids in May of 1979. The DOT also plans to add
shoulders on T.H. 13 between the two bridges. Mr. Linzie
further advised that bids for installation of horizontal drains
north of the Happy Hollow bridge will possibly be awarded
concurrent with the bridge construction. The width of the
new Happy. Hollow bridge will be44 feet: 24 foot driving area,
8 foot shoulders and 2 foot reaction area between the shoulders
and the railing. There will also be an 8 foot sidewalk on one
side of the bridge, plus a barrier between the driving lanes,
bringing the total bridge dimension to 52 feet. He pointed out
that Mn/DOT conducted a public meeting on the bridge construc-
tion in March of 1977 and advertised for requests for public
hearings on March 21 and April 21, 1977, but no one requested
hearings.
MISCELLANEOUS
Mr. Phillip Iverson, 788 Sibley Memorial Highway, stated that the
residents are concerned about the Happy Hollow bridge
construction. He further stated that the new bridges will
require the taking of about 6 feet of their property and
possibly some trees. He advised that the residents don't
believe that Mn/DOT must build the structures according to the
planned design and suggested that the residents want Mn/DOT
to design a different, narrower bridge. Mrs. Iverson stated
that the residents feel Mn/DOT should acquire any additional
right-of-way on the Lilydale side, taking some of the park
property rather than private property.
Mr. Pete Parranto, representing Diamond Jim's, asked about
traffic routing during the construction period.
After discussion, the Council concensus was that the bridge
should be moved to the bluff side if Mn/DOT bridge structure
standards would not be compromised.
The Council acknowledged letters from Mr. Paul Dreelan,
President of the Wagon Wheel Trail Association, Mrs. David Pace,
Sr., and Mrs. Helyn Kulhanek, and the Park and Recreation
Commission, relative to the Minnesota Institute of Traffic
Safety request to use Rogers Lake for a winter driving course.
EIDE ESTATES
PARK HOURS
Ayes: 5
Nays: 0
FREEWAY ROAD
SPEED LIMIT
Ayes: 5
Nays: 0
Page 10.10
December 5, 1978
The Council also acknowledged a letter from the Institute
withdrawing their earlier . request in view of the neighborhood
objections.
Councilman Mertensotto reviewed his discussions with owners of
property adjacent to the Eide property relative to the
proposed street right-of-way along the plat. He stated that he
' had spoken to Mr. Johnson, Mr. Hennessy and Mr. Muehlegger.
He advised the Council that Mr. Hennessy told him he is not
opposed to any right-of-way which would open up access to his
property. He further stated that the concern is that there
must be a properly located access to serve the Hennessy
property and the unplatted parcel, and the Council must decide
where best should the access come in off of T.H. 49.
Mr. Thomas Laughlin, attorney for Mr. Hennessy, stated that
Mr. Hennessy has no problem with the stub street as it
presently exists. He would like to keep it in that state and
not extend it to the north, and he would prefer to keep it in
the position it is now in and dedicate an easement stopping
at his lot line. He stated that Mr. Hennessy would not give
any dedication for crossing his property as he does not know
if that location would be suitable to him when he develops
his property. Once the road is put in, the back of his property
would be split in two, severly limiting development of the
property and the scope of his future use of the property.
Further discussion was tabled to later in the meeting.
Police Chief Thul recommended to the Council that the park
closing hour be changed from 11:00 P.M. to 10:00 P.M.
Park • and Recreation Commission Chairperson agreed, stating that
new park closing signs, preferably wood, should be installed
if the new closing hour is adopted.
Councilman Wahl moved to direct the City Attorney to prepare
an ordinance amending Ordinance 913 to change the park closing
hour to 10:00 P.M.
Mayor Lockwood seconded the motion.
Police Chief Thul stated that a speed limit reduction can be
affected on Freeway Road after completion of a speed study
by the State, upon the request of the Council. He did not
feel that a speed limit reduction is entirely justified, since
the traffic pattern is under 30 m.p.h. now. He recommended that
the best solution would be to cause removal of some of the
landscaping along the roadway just before the approach to the
curve. He felt that if the sight access is to be improved it
should be done by the City rather than the private parties.
As the result of the dicussion, Councilman Huber moved the
adoption of Resolution No. 78-121, "RESOLUTION REQUESTING SPEED
STUDY ON A PORTION OF TH 110 FRONTAGE ROAD."
Councilman Wahl seconded the motion.
BID OPENING AND
AWARD
Ayes: 5
Nays: 0
EIDE ESTATES
1011
December 5, 1978
Financial Advisor Larry Shaughnessy was present to open bids
received for the sale of $1,100,000 General Obligation
Improvement 71onds. The bids received were as follow: First
National Bank of St. Paul bid $459,293.75, for an interest
rate of 5.7736%, Banc Northwest, $454,989.38, or 5.7195%,
American National Bank, $456,298.75, or 5.7359%, Dain,
Calman, Quail, bid $450,088.55, or 5.657%. After reviewing
the bids, Mr. Shaughnessy recommended that bid of Dain,
Calman, Quail for $9,037.30 (interest rate of 5.6579%) be
accepted as the low bid.
Councilman Losleben moved the adoption of Resolution No. 78-122,
"RESOLUTION ACCEPTING BID ON SALE OF $1,100,000 GENERAL
. OBLIGATION IMPROVEMENT BONDS 1978, SERIES A PROVIDING FOR THEIR
ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF."
Councilman Mertensotto seconded the motion.
After additional discussion on the Eide plat, the Council
directed that the preliminary plat be revised to show a temporary
cul-de-sac and street right-of-way, and that the developer
and adjacent land owners reach some mutual agreement prior
to continued discussion on December 19th.
COMMISSION REPORTS The Council acknowledged receipt of the Planning Commission
minutes for the November 28th meeting.
DEPARTMENT REPORT The Council acknowledged receipt of the Police Department monthly
report for October, 1978.
MISCELLANEOUS The Council acknowledged receipt of a letter and resolution
from the City of Eagan regarding the interstate system.
After discussion, Councilman Losleben moved the adoption of
Resolution No. 123, "RESOLUTION SUPPORTING EAGAN RESOLUTION
ON COMPLETION OF INTERSTATE SYSTEM."
Mayor Lockwood seconded the motion.
Councilman Mertensotto moved to amend the original motion to
include the following: the City of Mendota Heights deems the
completion of 1-494 to be as critical or more so than the
completion of 1-35E.
Vote on Amendment: Councilman Huber seconded the motion.
Ayes: 5
Nays: 0
Vote on Motion:
Ayes: 5
Nays: 0
Page 1012
December 5, 1978
PARK AND RECREATION The Council acknowledged receipt of the November 21 Park
COMMISSION and Recreation Commission minutes, and briefly discussion the
Commission action on acquisition of 40'acres of school property.
PETITION FOR
VACATION
Ayes: 5
Nays: 0
The Council acknowledged receipt of a petition from the
Minnesota FSL Corporation for the vacation ofthe streets,
circleS and courts in the former Friendly Hills Rearrangement,
now known as Delaware Crossing.. City Attorney Winthrop
explained the petition and recommended that a hearing be
conducted on .January 2nd.
Councilman Wahl moved that a public hearing on the petition for
vacation be conducted at 7:30 P.M. on January 2, 1979.
Mayor Lockwood seconded the motion.
DRAINAGE City Attorney Winthrop outlined discussions with representatives
of the Somerset Country Club relative to the Ivy Falls drainage
project. The Country Club representatives have agreed to
tHe following: 1.) the City adding to the cost of the project
those costs expended for construction of the (recently
constructed) dam on the golf course -- the Country Club will
submit an itemization of the costs; 2.) the amount the Country
Club paid for the dam construction to be credited against
the Country Club's assessments under the drainage project;
3.) the total assessment after credit for dam construction
costs will not exceed $80,000. He also stated that the
Country Club will give the City permission to immediately
clean out and enlarge the ponding area.
Ayes: 5
Nays: 0
' EASEMENT
ACQUISITION
Ayes: 5
Nays: 0
BID AWARD
Councilman Mertensotto moved the adoption of Resolution
No. 78-125, "RESOLUTION AUTHORIZING SETTLEMENT WITH
SOMERSET COUNTRY CLUB RELATIVE TO CONSTRUCTION OF DRAINAGE
SYSTEM AND STORM SEWER SYSTEM TO SERVE IVY FALLS CREEK AND
ADJACENT AREAS (IMPROVEMENT NO. 77, PROJECT NO. 14),"
Mayor Lockwood seconded the motion.
City Attorney Winthrop advised that easements from the
Shepard and Lilly families will be necessary in order to
construct Huber Drive, and the negotiated price is $6,400
per acre. He recommended acquisition of the easements at the
stated price.
Councilman Huber moved adoption of Resolution No. 78-126,
"RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS."
Councilman Losleben seconded the motion.
Engineer Kishel stated that at the time the bids were received
for culvert materials for Huber Drive, DNR and Corps of
Engineer permits had not yet been received. He advised the
Council that said permits have been approved and recommended
awarding the bid to North Star Concrete Company for their
Page 1013
December 5, 1978
low bid of $14,964.44.
Councilman Huber moved the adoption of Resolution No. 78-127,
"RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR ROADWAY 0(
CULVERT MATERIALS (IMPROVEMENT NO. 77, PROJECT NO. 10."
Councilman Wahl seconded the motion.
Ayes: 5
Nays: 0
CONTRACT Engineer Kishel advised the Council that the construction of the
EXTENSION Somerset No. 3 improvements, however in view of the weather
the contractor has requested an extension of time to May of 1979
for completion of top-dressing, etc.
Ayes: 5
Nays: 0
FIREMEN'S
PENSIONS
Ayes: 5
Nays: 0
PERSONNEL
Ayes: 5
Nays: 0
Councilman Wahl moved that the contract with Peter Lametti
Construction for Somerset No. 3 improvements be extended to
May, 1979.
Councilman Huber seconded the motion.
The Council acknowledged and discussed.a memo and proposed
resolution relative to a proposed Fire Department Pension
Benefit increase. Administrator Johnson explained the memo,
advising the Council that the request is to increase the
pension. from $4.00 per monthrper year of service for those
• having at least 20 years of service, tc;0$8.00 per month,
with a maximum of $240 per month for 30 years of service.
Councilman Losleben moved the adoption of Resolution No.
78-128, "RESOLUTION APPROVING AND SUPPORTING INCREASED BENEFITS
FOR THE MENDOTA HEIGHTS VOLUNTEER FIREMEN'S RELIEF ASSOCIATION."
Councilman Wahl seconded the motion.
On the recommendation of the City Administrator, Mayor Lockwood
moved that Jon Larson be given permanent employment status,
effective December 21, 1978.
Councilman Mertensotto seconded the motion.
LOGIS Councilman Mertensotto moved the adoption of Resolution No.
78-129, "RESOLUTION AUTHORIZING MAYOR AND CITY ADMINISTRATOR
TO EXECUTE LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS) JOINT
AND COOPERATIVE AGREEMENT."
Councilman Losleben seconded the motion.
Ayes: 5
Nays: 0
1978 LEVY
Ayes: 5
Nays: 0
Councilman Huber moved the adoption of Resolution No. 78-130.
"RESOLUTION AMENDING LEVY RESOLUTION NO. 78-103 AND AMENDING
FOR 280," to include an-additional $10,000as a special levy
for LOGIS operation.
Mayor Lockwood seconded the motion.
Page 1014
December 5, 1978
1979 SALARY Administrator Johnson distributed copies of a proposed 1979
ADJUSTMENTS salary schedule for non-union employees.
DISCIPLINARY
ACTION
Ayes: 5
Nays: 0
MISCELLANEOUS
Ayes: 5
Nays: 0
DEPUTY CLERK
Ayes: 5
Nays: 0
On the basis of a recommendation from the Police Chief and
City Administrator, Councilman Huber moved that disciplinary
. action be taken against Police Officer Roger Plath, and that
the recommended two day suspension be deferred for a period of
ten days.
Mayor Lockwood seconded the motion.
The City Clerk recommended that the Council consider authorizing
building permit extensions where the cement shortage causes
delays in construction of structures for which permits have
been issued.
Councilman Wahl moved the adoption of Resolution No. 78-4
"RESOLUTION AUTHORIZING BUILDING PERMIT EXTENSIONS."
Councilman Losleben seconded the motion.
On the recommendation of the City Clerk, Councilman Losleben
moved that Mary Ann DeLaRosa be appointed Deputy City Clerk,
effective December llth.
Mayor Lockwood seconded the motion.
LABOR Mayor Lockwood advised the Council of his discussions with the
NEGOTIATIONS Police Steward and other officers. He also advised that he and
the Administrator plan to interview Gary P. Busch in regard to
conducting labor negotiations.
Councilman Losleben moved to authorize such interview and search
for a negotiator
Councilman Mertensotto seconded the motion.
Ayes: 5
Nays: 0
LICENSES • Councilman Wahl moved approval of the list of licenses, granting
licenses to:
Ayes: 5
Nays: 0
LIST OF CLAIMS
Iver H. Carlson & Son, Inc. Roofing Contractor License
Valley Investments General Contractor License
Councilman Losleben seconded the motion.
Councilman Losleben 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 submitted for payment,
Ayes: 5
Nays: 0
MISCELLANEOUS
Ayes: 5
Nays: 0
Page 1015
December 5, 1978
December 5, 1978, 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.
Councilman Wahl seconded the motion.
It was noted that Mrs. Kathy Ridder has expressed her interest
in being appointed for membership on the Metropolitan Council
from District 15.
After a brief discussion, Mayor Lockwood moved that a letter
be sent to Governor Elect Quie recommending Mrs. Ridder's
appointment.
Councilman Mertensotto seconded the motion.
ADJOURN There being no further business to come before the Council,
Councilman Wahlmoved that the meeting be adjourned.
Mayor Lockwood seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 1:06 O'clock A.M.
Kathleen M. Swanson
City Clerk
ATihST:
ktT4 otLcL
Robert G. Lockwood
Mayor