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1978-11-21 Council minutesPage 1000 November 21, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 21, 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 Huber, Losleben, Mertensotto and Wahl APPROVAL OF Councilman Huber moved approval of the minutes of the MINUTES September 5th meeting. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 78-15, BUROW SUBDIVISION Mayor Lockwood moved approval of the minutes of the September 7th meeting. Councilman Losleben seconded the motion. Councilman Wahl moved approval of the minutes of the September 14th meeting. Councilman Huber seconded the motion. Councilman Losleben moved approval of the minutes of the September 19th meeting. Mayor Lockwood seconded the motion. Councilman Wahl moved approval of the minutes of the October 3rd meeting. Councilman Huber seconded the motion. Mayor Lockwood moved approval of the minutes of the October 10th meeting. Councilman Mertensotto seconded the motion. Councilman Wahl moved approval of the minutes of the October 17th meeting. Mayor Lockwood seconded the motion. The Council acknowledged receipt of a memo from the Public Works Inspector and City Clerk regarding utility availability and assessment obligations for the lot proposed to be subdivided by Mr. Burow. It was pointed out by the Council that there was only one service connection installed and there would need to be connections for the two new lots. Attorney Winthrop advised Page 1001 November 21, 1978 that there will be no problem with maintaining setback requirements on either of the new lots. There was some discussion over past deed restrictions and possible future requests for additional division of the new lots into 15,000 square foot or smaller lots. Councilman Huber suggested that Mr. Burow get together with an adjacent property owner, Mr. Kampmeyer, and work out a plan for platting of the joint properties. He also questioned whether it is appropriate to consider the proposed division at this time rather than waiting to see what the comprehensive plan might contain relative to platting in the area. Councilman Losleben suggested that the City's right-of-way for Somerset Boulevard might be a problem and pointed out that the street will probably never be built. He suggested that approval of the division might someday requiEe that the street be built and did not feel that this would be desireable. He stated that he has no objection to the size of the proposed lots but felt that the street right-of-way problem should be solved prior to approval. He recommended that the Council direct the City Planner to report on the right-of-way problem and the development of adjacent undeveloped properties. After considerable discussion, the Council directed that the City Planner study the matter and make a recommendation on Somerset Boulevard and on how to treat the entire undeveloped area owned by Burow, Minea and Kampmeyer, in advance of the comprehensive plan completion to see how the Burow subdivision would affect the plan. Councilman Huber moved that the matter be tabled to January 16th. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 EIDE Mr. Terry Jacobs, representing Mr. Eide, distributed a revised SUBDIVISION set of drawings for the subdivision. The Council expressed concern over right of way and improvement of the internal street along the east boundary of lots 16 through 19. Councilmen Wahl and Mertensotto felt that the street should be constructed when the public improvements are installed to serve the platted area or it will always be a problem. After discussion, Councilmen Mertensotto and Losleben were directed to meet with the landowners adjacent to the plat who would be affected by the street construction and report back on December 5th. Councilman Losleben moved that additional discussion be tabled to December 5. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 Page 1002 November 21, 1978 FREEWAY ROAD The Council acknowledged receipt of a memo from Police Chief Thul STOP SIGN relative to the petition from Freeway Road residents for a stop DISCUSSION sign at Freeway Road and the frontage road. Mayor Lockwood summarized the memo, stating that the Chief recommended that no stop sign be installed, and citing the reasons given by the Chief. Ayes: 5 Nays: 0 COMMUNICATIONS Ayes: 5 Nays: 0 Several neighborhood residents were present and responded to the Chief's recommendation. Mr. Robert Carnes, 660 South Freeway Road, stated that everyone in the neighborhood has had problems and agree on the stop sign proposal. He stated that perhaps a stop sign would not be appropriate but asked that something be done in response to the neighborhood concerns. Councilman Losleben suggested that perhaps a reduction in speed limit from 35 miles per hour to 30 miles per hour might be a solution to the problem. The Council also felt that enforcement of the provisions of Ordinance No. 902 relating to sight access would be a solution. Councilman Huber moved that the Police Chief be directed to give the Council a method of reducing the speed limit to 30 m.p.h. and advise the Council both on what action should be taken to reduce the sight access problems next spring and on what additional signing would be appropriate, short of a stop sign. Councilman Wahl econded the motion. The Council acknowledged receipt of a memo from the League of Minnesota Cities regarding a special League meeting to - establish League lobbying positions on personnel and pensions. The Council also acknowledged receipt of a proposed resolution rejecting the use of state funds to support police and fire relief associations. It was the concensus of the Council that the proposed resolution should be amended to include distribution to other Dakota County communities, the Governor and state legislators for Mendota Heights. Councilman Mertensotto moved the adoption of Resolution No. 78- 116, "RESOLUTION REJECTING THE USE OF MONIES FOR FUNDING LOCAL POLICE AND FIRE RELIEF ASSOCIATIONS," as amended. Councilman Huber seconded the motion. INDUSTRIAL Mr. Tom Strand, or Dougherty, Dawkins, Strand and Eckstrom, and REVENUE BONDS Mr. Jim Harris, of Cray Research, were present to request the adoption of a comfort resolution for additional ($650,000 maximum) industrial development revenue bonds for Cray Research construction and property acquisition. City Attorney Winthrop advised the Council that he has reviewed the Resolution and finds it in order with the exception that a new paragraph 3 should be added stating that the approval of Faegre and Benson, Bond Counsel, be required. Councilman Losleben moved the adoption of Resolution No. 78-117, "RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED Ayes: 5 Nays: 0 BIRCH COMPANY MISCELLANEOUS Page 1003 November 21, 1978 INDUSTRIAL DEVELOPMENT PROJECT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT," as amended. Councilman Mertensotto seconded the motion. Mr. Brian Birch was present to discuss his proposed drainage plan. Mayor Lockwood summarized the discussion held at the November 9th meeting, in particular Mr. Birch's desire to use plastic (PVC) pipe rather than steel pipe as recommended by the City Engineer. The Council also acknowledged a draft resolution from the City Administrator relative to the requested conditional use permit. The Council directed the City Engineer to check technical manuals to see if P.V.C. would be adequate, at his convenience. It was the concensus of the Council that only when the City Engineer agrees with a drainage plan will actionabg taken on the conditional use permit. Administrator Johnson informed the Council that the City'has received a copy of the final environmental impact statement for 1-494 from Bloomington to South St. Paul. HAPPY HOLLOW Administrator Johnson advised the Council that the City has BRIDGE received a letter and set.-Of-plans from Mn/DOT for reconstruction of the Happy Hollow Bridge. He stated that he has received complaints from residents objecting to the way the bridge is being placed and the highway plan between that bridge and the bridge near the Pool and Yacht Club. DRAINAGE It was the concensus of the Council that Mn/DOT should be requested to give a presentation on their proposal at the December 5th meeting and that interested residents be invited to attend. City Attorney Winthrop stated that he had been authorized to acquire easements over the Somerset Country Club to build a pond on the golf course as part of the Ivy Falls Creek drainage improvement project. He stated that the golf course representa- tives have agreed to allow the City to do the work and take whatever property is required subject to approval of the golf course architect and subject to City maintenance of the pond. The Board of Directors have passed a resolution in which they agreed to pay up to $7,500 as their assessment for the improvement project. The City Attorney was directed to clarify that the City would only be maintaining the new pond, and not both ponds. The City Administrator explained possible golf course assessments of • approximately $50,000 and suggested that the golf course reconstruction of the existing pond and dike be considered as a credit against the future assessments. There was considerable discussion over possible assessment alternatives, assessment rates and benefit ratios. Mr. Winthrop Ayes: 5 Nays: 0 MENDOTA WATER COMPANY RATES Ayes: 5 Nays: 0 Page 1004 November 21, 1978 stated that it will be necessary to get the information on golf course costs for dam construction and other expenses related to their drainage improvements, and suggested that these costs then be added into the total project costs and a credit extended to the golf course hen the assessment roll is prepared. City Engineer Kishel requested that the Council consider and declare an emergency situation on cleaning of the upper pond, extension of the dikes, additional gabions to raise the pond height and holding capacity. He expressed concern that if these items au. not completed this winter, spring rains and runoff might result in flooding similar to this year. City Attorney Winthrop stated that he would like to get permission from the golf course representatives to begin the construction on the course this winter prior to completion of negotiations on easement acquisition, noting that the City may have to go to condemnation for the easement rights. After considerable discussion, Mayor Lockwood moved the adoption of Resolution No. 78-118, "RESOLUTION DECLARING EMERGENCY SITUATION,ANRuthorizing and directing the City Engineer to solicit bids for dredging thd upper pond, extension of the dikes and installation of gabions to raise the pond height, the work to be done on a time and materials basis. Councilman Huber seconded the motion. City Attorney Winthrop advised the Council that he has been negotiating with the Mendota Water Company representatives for an agreeable rate schedule rather than goAng to litigation. He advised that the rate proposal is as follows: $16.10 per month for 1978, $15.30 per month for 1979; $16.10 per month for 1980, and $16.50 per month for 1981 through the termination of the franchise at the end of May, 1981. He recommended that the rates be approved, particularly in view of the fact that the costs involved in litigation may be very high. Councilman Mertensotto stated that he does not want to settle, that he does not think the rates are fair. Several members of the Council felt that the negotiations should include a Water Company agreement which would allow the City possibly as much as two years prior to franchise termination for study and testing of the system prior to conversionoto the St. Paul Water system. Mayor Lockwood moved to accept the proposed settlement of the water rates conditioned upon successful negotiation of working out the details of the transition to the St. Paul Water system. Councilman Losleben seconded the motion. EAGLE RIDGE SUMMIT GRADING ACCOUNTING 1979 BUDGET Page 1005 November 21, 1978 City Engineer Kishel advised the Council that there are some problems with respect to site grading and utility installation in Eagle Ridge Summit. He stated that Mr. Tuminelly is not following the approved grading plan, that some of the watermain was buried too deep, and St. Paul Water is refusing to turn on the water for the four buildings under construction. He stated that St. Paul Water has directed Mr. Tuminelly to dig up the pipe, but that will not solve the drainage problems. As the result of the discussion, the Council directed that the Mayor and/or staff contact the developer advising him that the grading is contrary to the plan submitted and approved and if the grading is not corrected the Council will consider taking action. Administrator Johnson explained a proposal to solve the accounting problems which are anticipated doe to the retirement of the Treasurer at the end of December and the mandated accrual accounting for 1979. He recommended that an entry level person be employed to assist the accounting clerk in addition to assistance from the Financial Advisor both in the transition to accrual accounting and in the training of the accounting clerk. Councilman Losleben and Councilman Mertensotto felt that the City should join LOGIS (Local Government Information Systems) for computer accounting, rather than to employ additional personnel. It was noted that the cost for LOGIS would be approximately $8,000 to $9,000 for the first year and $17,000 to $18,000 the succeeding years. It was also noted that the costs could be supported by an excess levy and would not be part of the annual budget. As the result of the discussion, the Council directed the City Administrator to seriously look into the LOGIS system and to ascertain whether the City can still institute an excess levy for 1979. The 1979 budget proposal was briefly discussed, and it was the concensus of the Council that the budget deficit should be supported by the unappropriated surplus. LIST OF CLAIMS Mayor Lockwood moved 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, November 21, 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 Losleben seconded the motion. Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 1006 November 21, 1978 Councilman Wahl moved approval licenses to: Ray Perron Excavating August Construction Boemer Building Systems, Inc. Minar Construction North Star Services Patio Village Wm. C. Reichel Construction Co. Bob's Circle Plumbing East Side Plumbing Harris Mechanical Scherff Excavating Company Hines Bros. Masonry Gopher Heating & Sheet Metal Gopher Heating & Sheet Metal of the list of licenses, granting Excavating License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Plumbing License Plumbing License Plumbing License Excavating License Masonry Contractor License Heating License Air Conditioning License Councilman Mertensotto seconded the motion. There being no further business to come before the Council, Councilman Huber moved that the meeting be adjourned. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 12:40 o'clock A.M. Robert G. Lockwood Mayor I hleen M. Swanson City Clerk