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