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1978-04-04 Council minutesPage 864 April 4, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 4, 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'cloak P.M. The following members were present: Mayor Lockwood, Councilmen Losleben, Mertensotto, and Wahl. Councilman Schaberg had notified the Council that he would be late. APPROVAL OF MINUTES Ayes: 4 Nays: 0 FEASIBILITY HEARING FRIENDLY HILLS REPLAT Councilman Mertensotto moved approval of the minutes of the March 21 meeting. Councilman Losleben seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on proposed improvements to serve the Friendly Hills Re-plat and adjacent areas. He then turned the meeting over to Administrator Johnson for a review of the proposed improvements. Councilman Schaberg arrived at 7:45 P.M. Administrator Johnson gave a brief history of the original platting of the Friendly Hills Re-Arrangement and the recently proposed replat. Mr. Johnson explained that, the proposed project consists of sanitary sewer, watermains, streets and storm sewers to serve the Friendly Hills Re-Arrangement and adjacent properties. He pointed out that open space from TH 110 to Blue Gentian Road between Friendly Hills and Delaware Avenue is also included in the study. It is proposed that sanitary sewer, watermain, street and storm sewer improvements be installed to serve the 76 lots in the Replat be served by the St. Paul Water Department rather than the Mendota Water Company. It was pointed out that the proposal is to design the utilities to serve the adjacent open areas east and south of Friendly Hills. Since a portion of the proposed work will serve property to be developed in the future, it was recommended that the undeveloped land be assessed for a portion of the costs on a pro-rata sharing basis. It was pointed out that owners of the unplatted open area to be affected by the improvements had been mailed notices of the hearing. It is proposed that street construction within the platted area be of the standard 30 foot urban design, with concrete curb and gutters. It was proposed that the pro- posed MSA street be constructed in a rural'design, 26 foot wide bituminous surfaced street without curb and gutters and that it be constructed to MSA standards after the area becomes developed. Mr. Johnson listed the estimated costs as follow: sanitary suwer, $238,800; watermains, $362,700; storm sewers, $95,000; streets, $235,000. The developer has requested that all lots in the Replat be assessed equally, and the cost per lot within the plat is estimated at $7,300, including an area assessment for Page 865 April 4, 1978 construction of the MSA street. Sanitary sewer extensions on the roadway from Cheyenne to Delaware is estimated to be assessed at ”3.64 per foot; roadways other than urban estimated at $14.00 per foot; sanitary sewer to serve the unplatted property, $46.50 per acre; storm sewers to serve the unplatted property estimated to be $417.00 per acre; watermain extension on roadways from Cheyenne to Delaware and to Warrior Drive, estimated at $13.84 per foot, including frontage on Delaware Avenue and in the Delaware Hills Addition. Mr. Johnson advised that if the project is approved, construction would commence in 1978 but would not be completed until 1979, with an assessment hearing in 1979. If approved, the assessments for underground utilities would be payable over a 19 year period and street assessments over a 10 year period. Mayor Lockwood asked for questions and comments from the audience Mr. Bob Worthington, representing the Rauenhorst Corporation, stated that Rauenhorst owns property adjacent to the Re-plat: he expressed the company's support of the proposed project and encouraged the Council to adopt the project and construct the improvements as outlined in the feasibility report. Mr. William King, 2365 Delaware Avenue, asked why the proposed storm sewer assessment for unplatted properties is so much higher than the $46.10 per acre estimated cost for sanitary sewer. Mr. Richard Conlin, representing the Dodge Nature Center, asked if only the proposed Delaware Hills plat will be assessed for the sanitary sewer and storm sewer area assessment or if the project will affect the balance of the (contiguous) nature center property. Several unidentified members of the audience asked questions including: whether it is proposed that any existing Friendly Hills residences will be assessed for the improvements; and whether there are any current plans for development of the Rauenhorst property. There was some question on the timing and type of construction proposed for the MSA street. It was noted that the proposal is to construct the street in stages, the first stage being a 26 foot rural design to be constructed as part of the project. Mayor Lockwood pointed out that it is the City's intent that the street be built as a construction road for vehicular access into the plat all during the project construction and plat development. Mr. Joe Doty, representing August Construction, stated thatj; August and the Council agreed that the Company's vehicles would be allowed to use the Decorah access during construction of 3 model homes prior to MSA street construction, using the MSA street for development of the balance of the plat after the MSA street is ready for use. Ayes: 5 Nays: 0 RECESS Page 866 April 4, 1978 There being no further questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed and that written comments and questions be accepted by the City Clerk until the Close of the business day on April 14hh. Councilman Wahl seconded the motion. The hearing was closed at 8:55 o'clock P.M. Mayor Lockwood called for a recess at 8:56 P.M. the meeting was reconvened at 9:02 o'clock P.M. FINAL PLAT, CROWN The Council acknowledged and reviewed prints of the final plat POINT ADDITION of the Crown Point Addition. Councilman Losleben moved the adoption of Resolution No.78-29, "RESOLUTION APPROVING FINAL PLAT OF CROWN POINT ADDITION," subject to receipt of a signed developer's agreement. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 EAGLE RIDGE SUMMIT Mr. Bill Tuminelly was present to review the preliminary plat of ADDITION the Eagie Ridge Summit Addition. He explained various corrections or changes to the plat as a result of the Council meeting discussion on Marcy 21 and recommendations from Planner Dahlgren. Mr. Tuminelly also requested that the Council order preparation of,plans and specifications for public utilities to serve the Addition. Administrator Johnson pointed out that the escrow deposit required for engineering must include $8,000 for St. Paul Water services, and that the total engineering escrow required will be $17,500. Mr. Tuminelly asked that he be allowed to pay the escrow deposit in three installments rather than a lump sum. The Council directed staff to work out escrow payment arrangements with Mr. Tuminelly. Ayes: 5 Nays: 0 CASE NO. 77-39, ACME MARBLE & GRANITE COMPANY Councilman Losleben moved approval of the preliminary plat, grading plan and utility layout for the Eagle Ridge Summit Addition. Councilman Wahl seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application for conditional use permit from Acme Marble and Granite to construct a mausoleum in Resurrection Cemetery. Mr. Tom Sweeney, representing Acme Marble and the Catholic Cemeteries, explained the proposal to construct an all-exterior mausoleum approximately 1,200 feet west of the new entrance to the cemetery. He advised the Council that in October of 1977 the Council had approved a conditional use permit for construction of a mausoleum within the CemeterST, however the structure was not constructed within the time limit of the permit. Mr. Ed lydlett, sales engineer for Acme Marble, explained that the applicant Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 COMMUNICATIONS FREEWAYS COMMUNICATIONS CASE NO. 78-1, BOOTH Ayes: 5 Nays: 0 Page 867 April 4, 1978 proposes to construct the same structure with modifications such as removal of the entrance doors and rearrangement of crypts within the crypt banks. He advised the Council that, on the recommendation of the Planning Commission, the applicant will install gates on the structure. Mayor Lockwood asked for questions or comments from the audience and there being no comments, Councilman Wahl moved that the hearing be closed. Councilman Schaberg seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 78-30, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR MAUSOLEUM," setting forth the conditions of approval. Councilman Losleben seconded the motion. The Council acknowledged and briefly discussed an Association of Metropolitan Municipalities annual meeting notice. The Council also acknowledged receipt of a letter from the Urban Council on Mobility regarding completion of the freeway system. The Council acknowledged receipt of a letter from Charles Burrill, Mn/DOT District Engineer, advising the Council of a proposed committee to monitor Mn/DOT progress on the freeway completion schedule and requesting City representation on the committee. Mayor Lockwood recommended that Administrator Johnson be appointed to be the City's delegate. Councilman Losleben expressed his desire to be appointed as the City delegate on the committee. The Council acknowledged receipt of a letter from the Dakota County HRA advising the City that $4,356 has been allocated to assist low-income homeowners in making home repairs. The Council also acknowledged receipt of a copy of a letter from the Metropolitan Council to the State Planning Agency recommending that the Culligan application for subdivision (Valley View Oaks) be denied. Mr. Clyde Booth was present to request approval of a Wetlands Permit for Lot 3, Willow Springs Addition. As part of the discussion, Public Works Inspector Pearson pointed out that the floor of the proposed garage would be 8°3" below street grade and that the basement would not be the required 3 feet above the floodplain. Mr. Booth was apprised of the potential drainage problems which might occur if his proposed plan were approved. After considerable discussion, Councilman Mertensotto moved that the matter be continued indefinitely and that staff be directed to work with Mr. Booth. Mayor Lockwood seconded the motion. BIRCH COMPANY Ayes: 5 Nays: 0 BIKEWAY ROGERS LAKE Ayes: 4 Nays: 1 Schaberg SOFTBALL FIELD IMPROVEMENTS Page 868 April 4, 1978 Mr. Brian Birch was present to request approval of a building permit to construct a commercial structure on Dodd Road and Freeway Road. Mr. Birch submitted a letter in response to Council direction on March 21, outlining the activities proposed to be conducted in the structure. The Council also acknowledged receipt of a memo from Planner Dahlgren wherein he questioned compatability of the proposed use to uses allowed in B-2 Zoning Districts. As a result of the discussion, Councilman Mertensotto moved that discussion on the matter be continued to May 2 and that the question on compatability of the proposed use to B-2 and B-3 zoning be referred to the City Attorney for a written report prior to May 2. Councilman Wahl seconded the motion. Park and Recreation Commission Chairperson Witt advised the Council that she and Councilman Losleben had attended the County Board meeting held today to request County participation in the proposed construction of a Lexington Avenue/Wagon Wheel Trail bikeway. She noted that there was a generally favorable attitude towards the bikeway concept, and that the Board authorized the County Engineer to meet with City Engineer Kishel to review the Lexington Avenue right-of-way and how the proposed bikeway layout relates to the right-of--way. The Council directed Mr. Kishel to meet with the County Engineer before April llth and report back to Councilman Losleben and Mrs. Witt prior to their attendance at the next County Board meeting. Mrs. Witt requested the Council to refer to the March 28 Park and Recreation Commission minutes wherein the Commission adopted a resolution recommending that the Roger's Lake level be raised to make the level more suitable for recreational purposes. Several members of the Council agreed that the level should be raised 8 inches, and Attorney Winthrop advised the Council that no action to change the lake level should be taken without prior notification to the DNR. Councilman Mertensotto moved that (based on past experience indicating that the lake level is too low and an additional reserve is required) the Public Works staff be authorized and directed to raise the level of Rogers Lake by .8 feet, that the DNR be immediately notified of such activity,prior to raising the lake level. Councilman Losleben seconded the motion. On behalf of the Park Commission, Mrs. Witt recommended that the Council authorize a $1,000 to $1,200 expenditure for the purchase and spreading of ag-lime on 2 softball fields at Henry Sibley High School and 2 fields at the Mendota School. She noted that $1,000 had been budgeted as the City's cost participation to support the Mend-Eagan soccer program and Mend-Eagan has requested that the money be used for the softball Ayes: 5 ) Nays: 0 ELDERLY HOUSING CRAY RESEARCH Ayes: 4 Nays: 1 Losleben Page 869 April 4, 1978 field upgrading. She noted that the City will not-,be responsible for maintenance of the fields and that the City's recreation activities will have the first option of the field schedules. Councilman Losleben moved approval of a $1,200 maximum expenditure for the purchase and spreading of ag-lime on two Sibley High School softball fields and 2 Mendota School fields. Councilman Wahl seconded the motion. Mr. Donald Wright was present to explain a proposal to construct an elderly housing project on the southwest corner of the Mendota Plaza property. Mr. Wright explained the senior citizen housing program and procedure. He pointed out that the purpose of the program is to provide affordable housing for the elderly on fixed incomes. He proposes to construct a minimum of 60 one bedroom housing units. He noted that the proposal must be approved by the City and if the Plaza site is chosen would require rezoning of the portion of the Plaza to allow the proposed use. The Council members expressed interest in the proposal but did feel that the proposed site is poor. The Council suggested that Mr. Wright search for a more suitable site and the indication was that the Council will look favorably on such a housing proposal on a more appropriate site. Mr. Jim Harris, of Cray Research, was present to discuss Industrial Revenue Bonds for the Cray Research building. Mr. Harris introduced Mr. Tom Strand, bond underwriter, who requested that the Council adopt a resolution supplementing Resolution No. 77-39, which gave preliminary approval to the proposed project. He stated that the original resolution was not complete, in that no "underwriter" was specified in the resblution, and also both the size of the structure and estimated construction and associated costs listed on the original application for bond project have been reduced to a 25,000 square foot building and a $1 million construction cost. He also pointed out that the Company has decided to change bonding attorneys from Briggs and Morgan to Faegre and Benson. In response to concerns expressed by the Council, Mr. Strand explained the Industrial Revenue Bond procedure pointing out that the City will have no financial liability in the building construction or in paying on the bonds. There was considerable discussion between the Council and Mr. Strand regarding the change in bond counsels. Mayor Lockwood moved the adoption of Resolution No. 78-31, "RESOLUTION SUPPLEMENTING RESOLUTION NO. 77-39 GIVING PRELIMINARY APPROVAL TO A PROPOSED 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. Councilman Schaberg seconded the motion. FEASIBILITY STUDY INLAND INDUSTRIAL PARK IMPROVEMENTS Page 870 April 4, 1978 The Council acknowledged receipt of the feasibility study for proposed Inland Industrial Park improvements. Discussion was continued to April 18th. MISCELLANEOUS The Council acknowledged receipt of the March, 1978 Engineering Status Report. BONDING Ayes: 5 Nays: 0 City Financial Advisor Larry Shaughnessy was present to discuss proposed 1978 bond financing projects. As a result of the discussion, Councilman Losleben moved the' adoption of Resolution No. 78-32, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $2,120,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENTS BONDS OF 1978." Councilman Schaberg seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 78-33, "RESOLUTION*PRWIDING FOR PUBLIC SALE OF $1,930,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978." Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 SEWER RENTAL RATES The Council acknowledged receipt of a proposed resolution establishing sanitary sewer rates for customers of the Mendota Water Company, basing sewer rates on the rates levied for water useage in November, December of 1976 and January, 1977. MayorLockwood moved the adoption of Resolution No. 78-34, "RESOLUTION ESTABLISHING SEWER RATES FOR MENDOTA WATER COMPANY CUSTOMERS." Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 DEFERRED Councilman Wahl moved the adoption of Resolution No. 78-35, COMPENSATION "RESOLUTION SUPPORTING DEFERRED COMPENSATION PLANS FOR STATE AND LOCAL GOVERNMENT EMPLOYEES." Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS PERSONNEL The Council acknowledged receipt of a Citizens League report and memo from the City Administrator regarding new housing construction. The Council acknowledged and discussed a memo fron the City Administrator distributed on March 17 relative to employment of a new Public Works Maintenanceman. Administrator Johnson explained the memo, noting that the City has insufficient personnel to maintain the existing sewer and utility system and recommending that the position approved in the 1978 budget be filled in the near future. Councilmen Losleben and Mertensotto indicated that they feel the position should be deleted from the budget and the City should instead employ a CETA person to fill the position. Page 871 April 4, 1978 After considerable discussion, Councilman Schaberg moved approval of the position and the employment of David Drahota as Public Works Maintenanceman. Mayor Lockwood seconded the motion. Ayes: 2 Schaberg Lockwood Nays: 3 Mertensotto Losleben Wahl MISCELLANEOUS Administrator Johnson advised the Council that Jeff Ruehle, employed as a Planner Aide through the CETA program, has submitted his resignation, effective April 14th. CODE ENFORCEMENT Administrator Johnson advised the Council that the Code OFFICER Enforcement Officer position has been offered to Wallace Roholt and that Mr. Roholt has since withdrawn his application. Mr. Johnson advised the Council that he is continuing the selection process and will report on April 18th. AMENDMENT TO City Attorney Winthrop explained the proposed Amendment to COVENANTS, LILYDALE Covenants and Restrictions on Lild4e property, noting in PROPERTY particular that the amendment would change the density from 49 units to 35 units on the site, but that determination on the type of construction and site plan would be approved by Lilydale with no input from Mendota Heights. Administrator Johnson advised the Council that Harvey Bream has submitted a site plan for townhouse development on the site, and that the plan is not totally acceptable in that the driveway surface is only 5 feet from the back of several residential Mendota Heights lots. After some discussion, the Council directed City Planner Dahlgren to meet with Mr. Bream and advise him of the Council's concerns on the Revelopment proposal and report back to the Council by the next meeting. ESCROW ORDINANCE Discussion on the proposed escrow ordinance was tabled to April 18th. Councilman Schaberg was excused from the meeting at 1;00 A.M. MENDOTA WATER COMPANY Administrator Johnson noted that the minutes of the M4roh 21 meeting do not reflect what future action should be taken relative to the Mendota Water Company rates. It was the concensus of the Council that the rates will be reviewed at the May 16 meeting. LIST OF CLAIMS Councilman Losleben moved the adoption of the followigg 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, April 4, 1978, having been audited by the City Council, be and Page 872 April 4, 1978 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. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 Councilman Losleben was excused from the meeting at 1:15 A.M. LICENSES Councilman Wahl moved that a Cement Contracting License be granted to Floyd E. Anderson. Mayor Lockwood seconded the motion. Ayes: 3 Nays: 0 ADJOURN There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned. Councilman Wahl seconded the motion. Ayes: 3 Nays: 0 The meeting was adjourned at 1: 12 o'clock A.M. Kathleen M. Swanson City Clerk ATTEST: 2r1 DL Robert G. Lockwood Mayor