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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