1978-05-16 Council minutesPage 889
May 16, 1978
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, May 16, 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, Schaberg
and Wahl.
APPROVAL OF Councilman Wahl moved approval of the minutes -6f the regular
MINUTES April 18th meeting as amended.
Mayor Lockwood seconded the motion.
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
Councilman Losleben moved approval of the,minutes of the
April 25th meeting.
Councilman Wahl seconded the motion.
Mayor Lockwood moved approval of the minutes of the
May 2nd meeting.
Councilman Mertensotto seconded the motion.
FEASIBILITY Mayor Lockwood opened the meeting for the purpose of a public
HEARING -- INLAND hearing on proposed improvements to serve the Inland
INDUSTRIAL PARK Industrial Park. Mayor Lockwood turned the meeting over to
IMPROVEMENTS City Administrator Johnson for an explanation of the proposed
improvements.
Administrator Johnson explained that the proposed project
consists of sanitary sewer, watermain, storm sewer and street
improvements to be installed on the east/west section of
Northland Drive in the Inland Industrial Park and that the
project was initiated in response to a petition for improvements
from Cray Research. He also noted that a proposed lift station
is included as part of the sanitary sewer portion of the proposed
improvements. Mr. Johnson stated that legal notices had been
published in the official newspaper and copies had been sent to
all affected property owners. He noted that the notice included
an incorrect estimate of $60,600, for watermain construction;
the correct estimate is $40,619. Estimated project costs are
as follow: sanitary sewer area assessment for the lift.station,
$39,000, or $.032 per square foot of assessable area, and
sanitary sewer servicing estimate at $15.17 per assessable foot;
watermain, $40,619, or an estimated $22.32 per assessable foot
Page 890
May 16, 1978
(including services); storm sewer, estimated at $17,600, or
$9.67 per assessable foot; streets, estimated at $89,000, or an
estimated assessment of $33.34 per foot for the Northland
property and $42.00 per foot for the Perron property. He noted
that the disparity in estimated costs against the properties is
due to the fact that the Northland property had been graded
under an earlier project in anticipation of future construction
while the Perron property has not been graded. If the project
is approved, an assessment hearing could be held in the
summer of 1979. Utility assessments would be levied over a
19 year period and streets over a 10 year period, at a rate of
7% interest on the unpaid balance.
The Council acknowledged receipt of a letter from Programmed
Land, Inc., supporting the proposed project, based on
conditions dontained in the letter. Mr. Glen Shaw, representing
Programmed Land, was present to expand on the letter,
explained the company's rationale for wanting Outlot A to be
assessed for water service, noting that it is his feeling that
the water service will benefit the property and make it more
desireable for future development.
Mayor Lockwood asked for questions and comments from the
audience. Councilman Losleben expressed concern about pending
assessment costs for Outlot A, especially his concern about
future tax forfeiture if the pending assessments are too great.
Councilman Mertensotto asked whether all the property owners
will agree to the granting of street and utility easements, and
Administrator Johnson stated that there has been verbal
agreement by the property owners.
There being no further questions from the audience,
Councilman Mertensotto moved that the hearing be closed.
Councilman Losleben seconded the motion.
Ayes: 5
Nays: 0
The hearing was closed at 8:02 o'clock P.M.
Councilman Losleben moved the adoption of Resolution No. 78-50,
"RESOLUTION ORDERING IMPROVEMENTS TO SERVE 2-PORTION OF INLAND
INDUSTRIAL PARK AND ADJACENT AREAS AND PREPARATION OF PLANS
AND SPECIFICATIONS THEREFORE (Improvement No. 78, Project No. 2)."
Councilman Schaberg seconded the motion.
Ayes: 5
Nays: 0
Councilman Losleben moved the adoption of Resolution No. 78-51
"RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR INLAND
INDUSTRIAL PARK IMPROVEMENTS AND ORDERING ADVERTISEMENT FOR
BIDS (Improvement No. 78, Project No. 2)," the bids to be
accepted on June 13th.
Councilman Schaberg seconded the motion.
Ayes: 5
Nays: 0
MENDOTA WATER
COMPANY
Ayes: 5
Nays: 0
BIRCH COMPANY
Ayes: 5
Nays: 0
Page 891
May 16, 1978
Mayor Lockwood advised the Council and audience that the
Council had requested current unaudited figures for the
Mendota Water Company's end of the first year at the current
rates. The Council acknowledged a letter from the Water
Company advising that they are not prepared to respond with
the figures at this meeting.
Mr. Dennis McCardle, representing the Friendly Hills Civic
Association, was present to explain his report and analysis
of Water Company financial reports for the last several years.
Mr. McCardle stated that the current rate being charged by
the Water Company has a net book profit built in. He
maintained that there is an element of profit built into the
entire company and expanded on his analysis, stating that the
Civic Association arrives at $13.00 per month, retaining the
existing 30,000 gallon per month maximum useage, as a reasonable
rate. He pointed out that the customers of the company feel that
the stockholders are entitled to a reasonable rate of return
but further feel that the reasonable rate of return has
already been reached.
The Council discussed the matter with Mr. McCardle and
several members of the audience, after which Mayor Lockwood
noted that the Council members would like to study the matter
and also give the Neter Company representatives an opportunity
to review the material prior to consideration of a rate
reduction to $13.00.
Mayor Lockwood moved that further discussion on the matter be
continued to June 6, directing that staff submit a copy of the
report to the Water Company and invite the Company
representatives to attend the June 6 meeting and to submit
an unaudited 6-month report, further directing that the City
Attorney prepare a legal opinion relative to the question of
what constitutes a "reasonable rate of return" on investment.
Councilman Schaberg seconded the motion.
The Council acknowledged receipt of a letter from
Mr. Brian Birch requesting a change in the Zoning Ordinance
to allow his business in a B-2 Zoning District. The Council
also acknowledged a note from City Planner Dahlgren
recommending that the property in question not be rezoned to
B-3 and that if the Council wishes to allow the proposed
development, he would recommend that the Council initiate the
procedure to amend the Zoning Ordinance to allow the use as a
conditional use in the B-2 District. Mayor Lockwood briefly
summarized the past Council discussions on Mr. Birch's request
and the Council's concerns over compatibility of the use in a
neighborhood business district.
After some discussion, Mayor Lockwood moved to direct that the
matter be referred to the Planning Commission for May 23rd
consideration of the proposed zoning ordinance amendment.
Councilman Wahl seconded the motion.
Page 892
May 16, 1978
CROWN POINT Councilman Losleben moved the adoption of Resolution No. 78-52,
IMPROVEMENTS "RESOLUTION ORDERING CONSTRUCTION OF IMPROVEMENTS TO SERVE
CROWN POINT ADDITION AND ADJACENT AREAS."
Councilman Schaberg seconded the motion.
Ayes: 5
Nays: 0
The Council reviewed the bids received on May 2 relative to
construction of the Crown Point Addition public improvements.
Councilman Losleben moved the adoption of Resolution No. 78-53,
"RESOLUTION AWARD1ENG CROWN POINT BIDS," awarding the bid to
Lametti and Sons Construction Company, for their low bid
of $280,246.25.
Councilman Schaberg seconded the motion.
Ayes: 5
Nays: 0
PROPOSED ANIMAL City Attorney Winthrop reviewed the several changed contained
ORDINANCE AND in the proposed Dog Ordinance amendment. As part of the
DOG ORDINANCE discussion, Councilman Wahl questioned whether the ordinance
AMENDMENT should be changed to allow kennels only as a conditional use
in a residential area.
Ayes: 5
Nays: 0
CASE NO. 78-4,
PASS SUBDIVISION
Ayes: 5
Nays: 0
Mr. Winthrop also reviewed the contents of the proposed
animal ordinance for the Council and audience. There were
several questions and comments from members of the audience.
It was the concensus of the Council that no action should be
taken on the matter at the present time, in order to allow
interested residents an opportunity to request and review
copies of the ordinances.
Councilman Mertensotto moved that further discussion on the
proposed ordinances be tabled to June 20th, that the Police
Chief be directed to prepare a report citing problems
which precipitated preparation of the proposed ordinances, and
that the report be submitted to the Council for review on
June 20th, and also requested that any persons interested
in submitting comments or objections submit written responses
by June 15th.
Counci-man Wahl seconded the motion.
The Council acknowledged receipt of a report from the City
Engineer relative to assessments and drainage considerations
on Lot 7, Block 3, Jefferson Heights Addition.
Councilman Wahl moved approval of the subdivision as proposed
conditioned upon receipt of $500 park dedication and a
drainage easement along the south border of the southerly
lot (created by the Subdivision), necessary for continuation
of the existing natural drainage pattern.
Mayor Lockwood seconded the motion.
Page 893.
May 16, 1978
CRAY RESEARCH, City Attorney Winthrop advised the Council that he has
INDUSTRIAL REVENUE received and reviewed the documents required preparatory to
BONDS issuance of the $1,000,000 Industrial Revenue Bonds and that
all of the forms are in proper order.
Ayes: 5
Nays: 0
DEPARTMENT
REPORTS
A representative of Faegre and Benson explained the procedure
for the Council. Attorney Winthrop stated that the end result
of this type of bonding is that the City has no liability on
the bonds, the liability is that of Cray Research.
After a brief discussion, Councilman Mertensotto moved teh
adoption of Resolution No. 78-54, "RESOLUTION PROVIDING
FOR THE ISSUANCE AND SALE OF REVENUE BONDS TO PROVIDE FUNDS TO
BE LOANED TO CRAY RESEARCH, INC. FOR INDUSTRIAL PROJECT AND
APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF TRUST
INDENTURE, LOAN AGREEMENT, BOND PURCHASE AGREEMENT, GUARANTY,
MORTGAGE AND OFFICIAL STATEMENT.
Councilman Losleben seconded the motion.
The Council ac knowledged receipt of the Police and Fire
Department monthly reports for April, 1978.
SEWER AND WATER The Council acknowledged receipt of a letter from
CONNECTION Mr. Daniel Dahlin and Mr. Lyle M. Triviski requesting water
REQUEST and sewer service to 970-974 Sibley Memorial Highway,
property known as Dandy's Lounge and Chet's Liquors, located
in Lilydale. Administrator Johnson explained a proposed
connection charge, based on Resolution No. 73-94, as follows:
Trunk sewer (including services, front foot assessment)
at $3,361.75, and water at $2,336.13 (including front foot
assessment) for a total connection charge of $5,697.88.
Ayes: 3
Nays: 2 Mertensotto
Schaberg
WATER CONNECTION
REQUEST
Councilman Mertensotto felt that the charge as proposed is too
conservative, and felt that such connections outside the City
should be subject to 7% interest from the time that the original
improvement project was installed, as is currently being
charged on payments of deferred assessments. Councilman Schaberg
agreed with this concern.
After some discussion, Counci-man Losleben moved that the
sewer and water connection be approved conditioned upon receipt
of a $5,697.88 connection charge plus the equivalent of a
commercial Water Availability Charge.
Councilman Wahl seconded the motion.
The Council acknowledged receipt of a letter from Bream Homes,
Inc., requesting water service to the proposed Lexington Court
Townhomes and further requesting reconsideration and reduction
of the proposed $550 per unit connection charge.
No action was taken on the matter.
COMMUNICATIONS
Pager 894
May 16, 1978
The Council acknowledged receipt of a letter from
Governor Rudy Perpich inviting City officials to attend the
National Conference of Families to be held on May 22nd.
The Council acknowledged receipt of a letter from the
Association of Metropolitan Municipalities on Workmen's
Compensation.
MUNICIPAL The Council received and discussed a letter and questionnaire
INSURANCE from the League of Minnesota Cities regarding Liability/
Property Insurance and the possibility of establishment of an
alternative to the conventional commercial insurance market.
Ayes: 5
Nays: 0
ROLLING GREEN
FINAL PLAT
Ayes: 5
Nays: 0
Councilman Mertensotto moved that all of the questions on
the questionnaire be answered in the affirmative and returned
to the League
Mayor Lockwood seconded the motion.
Mr. Roger Derrick was present to request approval-of the
final plat of the Rolling Green Addition. Attorney Winthrop
explained the status of the negotiations with the Burow family
towards acquisition of right-cif-way for Marie Avenue under
the Marie Avenue (central section) improvement project.
Mr. Winthrop explained that while both parties had agreed
to an acquisition price of $3,800, the Burows contend that
damages resulted as the result of the street construction and
that the City is liable for payment of the damages. With regard
to the drainage area easement on the adjacent Burow property,
the City has approved the easement agreement and the only
question that remains is the compensation for damages for
the easement acquisition.
Councilman Mertensotto expressed concern over the lots
adjacent to the pond area and recommended that the Council
require covenants on these lots, the covenants to be filed with
the plat.
Mr. Derrick advised the Council that if the City would be
agreeable to completing the right-of-way acquisition, his firm
will pay for any damage claims.
After considerable discussion, Mayor Lockwood moved the adoption
of Resolution No. 78-56, "RESOLUTION APPROVING FINAL PLAT OF
ROLLING GREEN," on the following conditions: that the Burows
agree to a payment of $3,800, plus accrued interest at the rate
of 6% for the acquisition of Marie Avenue right -o4-way; that the
developers execute the Developer's agreement and submit the
letter of credit required therein; that protective covenants
on the lots adjacent to the ponding area be filed with the plat;
and on the condition that the Derrick Land Company be
responsible for any damage claims from the Burrows' resulting
from the Marie Avenue right-of-way acquisition, and that the
Burows submit a hold-harmless agreement to the City releasing
the City from any claims for said damages.
Councilman Mertensotto seconded the motion.
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
PERSONNEL
Ayes: 3
Nays: 2 Lockwood
Schaberg
Ayes: 3
Nays: 1 Losieben
METROPOLITAN
STRENGTH CHARGE
ORDINANCE
Page 895
May 16, 1978
Councilman Mertensotto moved the adoption of
Resolution No. 78-57, "RESOLUTION AUTHORIZING ACQUISITION
OF BUROW PROPERTY."
Councilman Schaberg seconded the motion.
Mayor Lockwood moved the adoption of Resolution No. 78-58,
"RESOLUTION ACCEPTING ENGINEER'S REPORT AND AUTHORIZING
PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENTS
TO SERVE THE ROLLING GREEN ADDITION."
Councilman Wahl seconded the motion.
The Council acknowledged receipt of a memo from the City
Administrator advising that Mrs. Rita Dolan has submitted her
resignation from the Police Clerk position, effective
May 19#h. Mr. Johnson recommended that Miss Valerie Lengsfeld
be appointed to the position at the salary of $650 per month.
There was considerable discussion over authorization for
expansion of #he position from part-time to full-time and on
whether or not the City Administrator should be authorized to
employ persons for vacant positions prior to receiving Council
approval of the employment. Mayor Lockwood and Councilman
Schaberg objected to the requirement for Council approval prior
to hiring the employee.
After discussion, Councilman Mertensotto moved that as a policy
matter employees should not be hired before a position has
been officially authorized by the Council and that all
permanent employees must be approved by the City Council before
commencing employment.
Councilman Losieben seconded the motion.
Councilman Schaberg left themeeting at 12:20 P.M.
Councilman Wahl moved that Valerie Lengsfeld be employed as
full-time Police Clerk, effective as soon as possible, at a
salary of $650 per month.
Councilman Mertensotto seconded the motion.
The Council acknowledged reciept of a letter and smaple
ordinance from the Metropolitan Waste Control Commission
requesting adoption of a Metropolitan Strength Charge System
Ordinance. Administrator Johnson explained the proposed
ordinance to the Council, indicating that the Waste Control
Commission request is really to satisfy the federal mandate
that industry pay its own way on industrial waste costs.
Ayes: 4
Nays: 0
PUBLIC WORKS
GARAGE FUND
Ayes: 4
Nays: 0
DELINQUENT SEWER
CONNECTIONS
Ayes: 4
Nays: 0
ELECTIONS
FINANCIAL
STATEMENT
LIST OF CLAIMS
Page 896
May 16, 1978
Councilman Losleben moved the adoption of Ordinance No. 155,
"AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE
IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE
BY AN INDUSTRIAL USER AND ESTABLISHING AN INDUSTRIAL USER
STRENGTH CHARGE FORMULA FOR THE COMPUTATION THEREOF TO RECOVER
OPERATION AND MAINTENANCE COSTS OF WASTE TREATMENT SERVICES
ATTRIBUTABLE TO THE STRENGTH OF THE DISCHARGE OF INDUSTRIAL
WASTE INTO THE SEWER SYSTEM AND ESTABLISHING TAX LIEN AGAINST
PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE."
Councilman Wahl seconded the motion.
Councilman Wahl moved the adoption of Resolution No. 78-59,
"RESOLUTION ESTABLISHING PUBLIC WORKS GARAGE FUND."
Mayor Lockwood seconded the motion.
The Council acknowledged receipt of memos from the City Clerk
regarding several delinquent sanitary sewer connections.
As the result of the discussion, the Council directed that
the Health Officer be requested to perform inspections on the
private sanitary systems at the subject properties.
Councilman Losleben moved that a 120 -8.ay extension be
granted to 1875 South Lexington Avenue and 1867 Hunter Lane
on the condition that the Health Officer's inspection indicates
that such extension would not cause any health hazards.
Councilman Mertensotto seconded the motion.
The Council also accepted the Clerk's recommendation that
immediate connection be required at 1062 Wagon Wheel Trail,
1401 Wachtler Avenue and 988 Kay Avenue, and that the matter
be turned over to the City Attorney for appropriate action.
The City Clerk advised the Council that as a result of
negotiations with Computer Election Systems and the
three communities currently in the Joint Use Agreement, it
has been determined that the City should remain in the Joint
Use Agreement for the 1978 elections rather than purchasing
Precinct Ballot Counters at this time.
The Council acknowledged receipt of themonthly financial
statement for April.
Councilman Losleben 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 Litt of Claims submitted for payment,
May 16, 1978, having been audited by the City Council, be
and are hereby allowed and the Mayor and Treasurer of the City
Ayes: 4
Nays: 0
LICENSES
Ayes: 4
Nays: 0
MALT LIQUOR
LICENSES
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
ADJOURN
Ayes: 4
Nays: 0
ATTEST:
Page 897
May 16, 1978
Mendota Heights are hereby authorized and directed to
issue City checks in payment of said claims.
Councilman Mertensotto seconded the motion.
Councilman Wahl moved approval ofthe list of licenses,
granting licenses to:
Steenberg Construction Company
Great Plains Supply Company
Midwest Construction Company
Trane Home Comfort Center
Trane Home Comfort Center
Lake Elmo Heating & Air
Conditioning
Lake Elmo Heating & Air Conditioning
Vruno Construction Company
Anthony Avoles, Inc.
Mayor Lockwood seconded the motion.
General Contractor License
General Contractor License
General Contractor-License
Heating & Air Conditioning
Gas Heating License
Heating & Air Conditioning
License
Gas Heating License
Masonry License
Plumbing License
Mayor Lockwood moved that a 3.2 off-sale malt liquor license
be granted to Country Club Market, Inc.
Councilman Losleben seconded the motion.
Councilman Losleben moved that a 3.2 On and Off-sale Malt
Liquor License be granted to Par 3 Golf, Inc.
Councilman Wahl seconded the motion.
Mayor Lockwood moved that a 3.2 on and off-sale malt liquor
license be granted to Geroge's Golf Range.
Councilman Mertensotto seconded the motion.
There being no further business to come before the Council,
Councilman Losleben moved that the meeting be adjourned.
Councilman Wahl seconded the motion.
TIME OF ADJOURNMENT: 1:03 o'clock A.M.
RA-uvt-A-,
rcitwL-
Robert G. Lockwood
Mayor
m.
Ka leen M. Swanson
City Clerk