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1978-10-03 Council minutesPage 975 October 3, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 3, 1978 Pursuant to due call and notice thereof, the regular meeting of he 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. EAGLE RIDGE It was noted that although the agenda included discussion on SUMMIT the proposed Eagle Ridge Summit Grading plan, no additional information had been received since the last meeting. No action was taken on the matter. BIRCH COMPANY Mayor Lockwood opened the meeting for the purpose of a CONDITIONAL USE continuation of the hearing on the Birch Company application PERMIT for conditional use permit. There was considerable discussion on proposed drainage for the building site, and it was noted in part. ticular that Mr. Birch had not yet submitted an approvable drainage plan to the City _Engineer for review._ Since the required information was not available, Mayor Lockwood moved that the hearing be continued to November 9, 1978. Councilman Huber seconded the motion. Ayes: 5 Nays: 0 ESSLINGER Mr. Karl Esslinger was present and reviewed the proposed parking COMPANY plan for his building to be located in the Medallion Industrial Park. Councilman Wahl moved approval of the parking scheme as outlined by City Planner Dahlgren and as shown in the plan dated October 13, 1978 submitted by Mr. Esslinger. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 INDUSTRIAL Mr. Dave Kluender, of Juran and Moody, was present to request REVENUE BONDS approval of the final resolution approving the issuance of Industrial Revenue Bonds for the Esslinger Company building. Councilman Mertensotto moved the adoption of Resolution No. 78-101, "RESOLUTION FOR $215,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (ESSLINGER PROJECT)." Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 MEDALLION INDUSTRIAL PARK Ayes: 5 Nays: 0 CASE NO. 78-28, KAYOUM Ayes: 5 Nays: 0 INSURANCE Page 976 October 3, 1978 Mr. Dan Gustafson was present to review and explain the proposed final plat for the Medallion Industrial Park. Mr. Gustafson explained that there had been no changes from the preliminary plat other than changes required by the County Surveyor and City staff. City Engineer Kishel advised Mr. Gustafson that the City will require an additional twenty feet of easement extended to Lot 1, Block 2 for placement of a terminus manhole on Lot 1. Councilman Huber moved approval of the final plat for the Medallion Industrial Park subject to extension of the easement as recommended by the City Engineer. Councilman Wahl seconded the motion. It was noted by the Council that the developers had previously satisfied the park contribution requirement for the plat. Mr. A. K. Kayoum was present to request approval of a fifteen foot variance from the sideyard setback requirement at 706 First Avenue. Mr. Kayoum explained that he proposes to construct a garage addition with a rec room above the addition. In response to a question from the Council; Mr. Kayoum stated that the addition will not affect the roof-line, the existing roofline will be maintained. Councilman Wahl moved approval of the 15 foot sideyard setback variance as proposed. Mayor Lockwood seconded the motion. Mr. Calvin Lerman, representing a number of local insurance representatives, requested that the Council consider establishing a bidding procedure for insurance. There was considerable discussion over the "split commission" proposal by Mr. Lerman and a Council proposal to hire a consultant to review the current City insurance coverage and give the Council an analysis. Councilman Mertensotto suggested that Mr. Lerman and his associates study the City insurance files, analyze the current coverage and costs and report back to the Council. Councilman Huber pointed out to Mr. Lerman that the City has not been involved in a bidding procedure in the past because of the excellent service afforded by the current insurance carrier. Mr. Lerman suggested that he and his associates would be happy to analyze the City's insurance coverage and needs and come up with a program and suggested price. He then suggested that the insurance carriers, as a group, put together a set of specifica- tions and that the City then request sealed bids. COMMUNICATIONS COMMUNICATIONS Page 977 October 3, 1978 Councilman Mertensotto suggested that if the insurance agents would be willing to analyze the City's insurance coverage the City would be happy to accept such a report. He noted however, that such a report should then be submitted to the City's current insurance carrier for a repponse. As the result of the conversation, staff was directed to work with Mr. Lerman and his associates in their analysis of the City's insurance coverage. The Council acknowledged receipt of a letter from the Metropolitan Council regarding implementation of the 911 Emergency Telephone Service and establishment of a central dispatching operation in Dakota County. After a brief discussion it was the concensus that additional research should be made on the matter. Mayor Lockwood indicated that he would pursue such research. The Council acknowledged receipt of a letter from the Minnesota Institute of Traffic Safety requesting permission to use Rogers Lake for a winter driving course, and to use the Rogers Lake Park as an access to the lake. The Council directed that the Police Chief prepare a report on the request and that copies of the letter be forwarded to the Wagon Wheel Trail and Rogers Lake Associations for response. DEPARTMENT REPORTS The Council acknowledged receipt of the Police Department monthly report for August. PLAYGROUND EQUIPMENT Ayes: 5 Nays: 0 ROGERS LAKE LEVEL PLANNING COMMISSION CASE NO. 78-15, BUROW The Council acknowledged and discussed a memo from Park and Recreation Commission Chairman, Liz Witt, recommending approvl of the purchase of playground equipment for thelTvyaFdlIsris Park. Mayor Lockwood moved approval of equipment for the Ivy Falls Park cost of $4,151 for the equipment Councilman Losleben seconded the the purchase of playground from Landscape Structures, at a and installation. motion. The Council acknowledged and discussed a memo from Mrs. Witt regarding the level of Rogers Lake. There was some discussion regarding surface water runoff from highway right-of-way, and Councilman Losleben was authorized to negotiate with Mn/DOT towards a solution to the highway runoff problem. The Council acknowledged receipt of the minutes of the September 26th Planning Commission meeting. Mr. Wallace Burow was present to explain his request for approval of the subdivision of Lot 25, Somerset Hills Addition into three lots. It was noted that there would be no future problem with setback conformance. After discussion, staff was directed to research engineering details relative to utility connections and assessment information. Further discussion on the matter was tabled pending receipt of staff reports. CASE NO. 78-29, FOUKS Ayes: 5 Nays: 0 CASE NO. 78-30, R.L. JOHNSON WETLANDS PERNIT Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 78-13, EIDE MISCELLANEOUS Ayes: 5 Nays: 0 Page 978 October 3, 1978 Mr. Douglas Fouks was present to explain his application for variance from the front yard setback requirement at 567 Hiawatha. Mayor Lockwood moved approval of the application for 10 foot front yard setback variance at 567 Hiawatha. Councilman Wahl seconded the motion. Mr. Robert Johnson and representatives of R.L. Johnson Construction Company were present to request approval of a Wetlands Permit for property along Pilot Knob Road, just north of the Milwaukee Railroad tracks. Mr. Johnson proposes to construct a 400,000 square foot warehouse facility on the site. The Council acknowledged receipt of reports on the permit application from the City Engineer and City Attorney. Engineer Kishel expanded on his report, stating that the developer has agreed to increase the capacity of the existing ponding area and installatio of a pump, and that the developer has further agreed to keep the ponding area pumped down, below elevation 840. Councilman Losleben moved that the hearing requirement be waived, and that the wetlands permit be granted subject to adherence to restricitive covenants to be prepared by the City Attorney in particular as relates to maintenance of the ponding area and keeping the pond below its capacity, and subject to conformance with the recommendations of the City Engineer and City Planner. Councilman Mertensotto seconded the motion. Mayor Lockwood moved approval of a building permit for a 400,000 square foot warehouse, as proposed by R.L. Johnson Construction Company, subject to review and approval of the plans by the Building Inspector. Councilman Huber seconded the motion. The Council was advised that Mr. Eide had called the City offices and advised that he would not be able to attend the meeting. Mr. Eide requested that discussion be tabled to a later meeting. The Council acknowledged receipt of a letter from Mr. M. Michael Monahan, representing the Northland Land Company, requested Council approval of a Declaration Vacating Private Easements, which would vacate non-public railway easements on the plat. City Attorney Winthrop stated that there is really no public interest in this matter, that he sees no advantage to the City by having the area referenced as a railroad easement, and recommended execution of the document. Councilman Mertensotto moved approval and consent of the vacation and authorization for the appropriate City officials to execute the document. Councilman Huber seconded the motion. LABOR NEGOTIATIONS 1979 LEVY Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 PERSONNEL Ayes: 5 Nays: 0 CODE ENFORCEMENT OFFICER Ayes: 5 Nays: 0 SATE OF PARK PROPERTY Ayes: 5 Nays: 0 Page 979 October 3, 1978 The Council acknowledged receipt of a letter from Teamsters Local 320 Business Agent Lawrence Bastian advising that the Local is opening the collective bargaining agreement between the City and Police Department (for 1979). The Council acknowledged receipt of a memo from the City Administrator regarding the proposed tax levy and 1979 Budget comments, and a proposed levy resolution. The Council discussed the Administrator's summary and conclusions, which indicate a $14,360 deficit (current expenditure totals versus anticipated 1979 receipts), and the concensus was that sewer rates should be increased by 25% and that the deficit should be eradicated by a combination of cutting the department requests and using a portion of the unappropriated surplus. Councilman Mertensotto moved the adoption of Resolution No. 78-103, "RESOLUTION 1978 LEVY COLLECTIBLE IN 1979." Councilman Losleben seconded the motion. Mayor Lockwood moved that Councilman Losleben be appointed as the City delegate to the Association of Metropolitan Municipalities. Councilman Mertensotto seconded the motion. On the recommendation of the City Administrator, Councilman Huber moved that Richard J. Ploumen be appointed Public Works Supervisor, at the budgeted salary of $1430 per month, the probationary employment to commence on October 15, 1978. Mayor Lockwood seconded the motion. Administrator Johnson recommended that Donald Runge be appointed Code Enforcement Officer. Councilman Mertensotto moved that Donald Runge be appointed Code Enforcement Officer at a salary of $18,000 during the six-month probationary period with an adjustment to $20,200 annually thereafter. Councilman Huber seconded the motion. After a brief discussion,Councilman Losleben moved the adoption of Resolution No. 78-104, "RESOLUTION AUTHORIZING CONVEYANCE OF PROPERTY," authorizing the sale of a ten foot strip of Wentworth Park property to Mr. Frank Stasny for the purchase price of $1,000, and further moved that the City Attorney be directed to prepare the necessary documents for the conveyance. Councilman Wahl seconded the motion. MISCELLANEOUS REZONING Ayes: 5 Nays: 0 DOG ORDINANCE Ayes: 5 Nays: 0 SPECIAL MEETING DRAINAGE DITCH Page 980 October 3, 1978 Councilman Wahl cautioned staff to monitor the construction of the addition on the Kayoum residence to be sure that the addition is not an "apartment", that it is actually a rec room and garage addition. Mayor Lockwood moved the adoption of Ordinance No. 158, "ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE," as relates to the rezoning of the Medallion Industrial Park from B-1A to I. Councilman Mertensotto seconded the motion. Councilman Losleben moved the adoption of Ordinance No. 159, "AN ORDINANCE AMENDING ORDINANCE NO. 1301", being an amendment to the Dog Ordinance for the City. Councilman Huber seconded the motion. The Council established a special work meeting to be held at 7:30 P.M., Tuesday, October 10th, for discussion of the Ivy Falls Creek drainageway report. Public Works Inspector Pearson explained his memo recommending that the Council authorize Mr. Douglas Hill to work within the right-of-way to dig an approximate 300 foot ditch from Mr. Hill's property line (Lot 44, Somerset Hills) north. Councilman Huber moved approval of the Public Works Inspector's recommendation, granting Mr. Hill authorization to dig the ditch as proposed and at his own expense. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 LANDREVILTF Public Works Inspector explained his memo recommending the EASEMENT acquisition of a 20 by 100 foot easement from Mr. Vern Landreville in connection with the Crown Point public improvements. Councilman Wahl moved the adoption of Resolution No. 78-105, "RESOLUTION AUTHORIZING ACQUISITION OF EASEMENT," the acquisition price to be $300.00. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 STORM DAMAGE The Counciiacknowledged receiptoof memos from the City Engineer REPAIRS and Public Works Inspector regarding storm damage restoration priorities. Public Works Inspector Pearson expanded in particular on storm damage items 1A, 3, and 10. With regard to Item #10 Mr. Pearson explained that the trunk sanitary sewer is in danger of being washed out in the Ivy Falls Creek immediately west of Falls View Court. He stated that one of the manholes is very nearly exposed now, and recommended that repair of this damage be considered an emergency situation and that the work be completed immediately at an estimated cost of $11,314. He pointed out that if the repair work is not done this fall there is Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 4 Nays: 0 Abstain: 1, Wahl APPROVAL OF LICENSES Page 981 October 3, 1978 a strong possibility that we could lose a manhole and possibly even the sewer pipe itself. He recommended that the work be done by day labor, the expense to be supported by the Federal Disaster Relief grant. Councilman Mertensotto moved that the Utility Repairs described in Item No. 10 be considered emergency repairs, that the work be done by day labor and commence as soon as possible. Councilman Huber seconded the motion. Mayor Lockwood moved that the regular meeting scheduled for November 7, the General Election date, be postponed to November 9. Councilman Losleben seconded the motion. Councilman Mertensotto moved the adOption of Resolution No. 78-106, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR PUBLIC IMPROVEMENTS," certifying the balance of assessments against a tax forfeited lot described as Parcel No. 27-28700- 151-00 and 27-28700-152-00. Councilman Huber seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 78-107, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR PUBLIC IMPROVEMENTS," certifying the balance of assessments against a tax forfeited parcel described as Parcel No. 27-02400-071-79 and Parcel No. 27-02400-072-79. Councilman Huber seconded the motion. Councilman Mertensotto moved approval of the list of licenses, granting licenses to: R.C. Hoffman Plumbing Gillitzer Construction Company Fredrickson Heating & Air Conditioning Air Seal Company Plumbing License General Contractor License Heating & Air Conditioning License General Contractor License Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF THE Councilman Wahl moved the adoption of the following motion: LIST OF CLAIMS 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, October 3, 1978, having been audited by the City Council, be and are hereby authorized and directed to issue City checks in payment of said claims. Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 Page 982 October 3, 1978 Councilman Losleben seconded the motion. Councilman Mertensotto moved that the Mayor, Acting Mayor, Clerk and Treasurer be authorized to sign a signature certificate for authorized signatures for purchase and release of savings certificates. Mayor Lockwood seconded the motion. HALLOWEEN Councilman Mertensotto moved that $200 be allocated in the BONFIRE 1979 budget for the annual Halloween Bonfiteeexpenses. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 ADJOURNMENT Ayes: 5 Nays: 0 There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned to 7:30 P.M, Tuesday, October 10, 1978. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 11:55 o'clock P.M. K leen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor