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1977-04-19 Council minutesPage 817 April 19, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 19, 1977 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:00 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Lockwood, Councilmen Losleben, Mertensotto, SchaberVand Wahl. APPROVAL OF Mayor Lockwood moved approval of the minutes of the April 5 MINUTES meeting. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 CASE NO. 77-1, The Council acknowledged receipt of a letter from George Kassan KASSAN regarding his application for lot size variance. After a brief discussion, the Council directed the City Attorney to contact Mr. Kassan, advising him that the Council will give favorable consideration to the variance subject to payment of the residual assessment, or waiver allowing the assessment to be placed on the original assessment roll, and subject to receipt of the negotiated permanent easement agreement for a utility easement over a portion of the lot. D.O.T. The Council acknowledged receipt of a letter and proposed resolution from the Department of Transportation relative to preliminary plans for construction of a new bridge along side of the existing T.H. 13 bridge near Diamond Jim's over Lilydale Road. Ayes: 5 Nays: 0 COMMUNICATIONS After a brief discussion, Councilman Mertensotto moved the adoption of Resolution No. 77-28, "RESOLUTION APPROVING D.O.T. PRELIMINARY PLANS." Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from the Ivy Keep I Owners Association. The Association expressed concern over problems created by the extension of Spring Street to Partition Road, including an increase in vandalism and dirt and sand washing off the unsodded area of Partition Road. After a brief discussion, the matter was referred to staff for review and recommendation. COMMUNICATIONS Page 818 April 19, 1977 The Council acknowledged receipt of a memo from the State Planning Agency regarding local responsibilities in enforcing the Critical Area Interim Development Regulations. After a brief discussion, the Council directed the City Administrator to study the statements in the memo and respond to the Planning Agency. DEPARTMENT REPORTS The Council acknowledged receipt of the Fire Department monthly report for March, 1977. TRANSPORTATION ISSUES Ayes: 5 Nays: 0 Mr. Donald Huber, Council liaison with the Department of Transportation, was present to outline a draft Mendota Heights statement to the D.O.T. on transportation issues. Mr. Huber stated that the statement reflects what he and staff feel are the most important transportation issues affecting Mendota Heights. The Council members directed that several additions be made to the statement, including the following. In section I, a statemeni should be made to express serious concern over increased traffic hazards if any detouring of traffic onto existing highway facilities occurs. In Section II, include that Eagan officials concur with the Mendota Heights position on continuation of intermediate arterials; in Section III, include the fact that a change in the stauts of T.H. 110 would be contrary to the developmental plans of adjoining Dakota County communities; Section IV should be amended to reflect the fact that the M.A.C. acquired area continues to be off the City's tax rolls because of a lack of development due to the lack of freeway construction; Section VI should express concern about the lack of direct transit between Mendota Heights and the eastern St. Paul suburbs. There was considerable discussion over the includion of T.H. 49 upgrading as a major concern as well as a lengthy discussion as to whether the deletion of consideration of a major interchange at T.H. 49 and T.H. 110 from D.O.T. plans should be included in the statement. It was the concensus that these items should not , be included in the statement: it should not be discussed as part of the freeway system discussion. After a lengthy discussion, Councilman Mertensotto moved that the draft position statement be adopted as amended to include the additional concerns as stated by the Council. Councilman Schaberg seconded the motion. BONDING -- ELEVATED Financial Advisor Lawrence Shaughnessy was present to outline WATER TANK & various possible methods of financing for the proposed public PUBLIC WORKS works garage and elevated water tank. He outlined three possible FACILITY financing methods for the water tank as follow: General Obligatior bonding, requiting a special election; a general obligation bond issue where user's revenues would be used to make the payments an the tax levy would be used as a back-up; a Chapter 429 Improvement Bond issue where at least 20% of the cost is assessed. He suggested that an improvement bond proceeding be used, assessing about 40% of the cost via an area assessment, a surcharge on the water billings, and a modest tax levy. He indicated that the cost of a 2 million gallon tank would be approximately $1,117,000 FIRE DEPARTMENT EAGLE RIDGE EAST Ayes: 5 Nays: 0 MUNICIPAL LIQUOR M.S.A. FINANCING Ayes: 5 Nays: 0 Page 819 April 19, 1977 and the cost of a 11/2 million gallon tank would be approximately $854,000. Mr. Shaughnessy outlined the suggested assessments, surcharge and tax levy figures based on the third financing method. He pointed out that it would be possible for the City to redirect the $110,000 Utility reserve fund and two-three years of Revenue Sharing Funds towards the cost of garage construction, for approximately $200,000 of financing. The Council discussed the: matter at length, and directed that additional information be prepared for Council consideration subsequent to receipt of the appraisal on the proposed building site. Captain Gene Lange gave a slide presentation depicting current use of the present Fire Department facility, proposed use after the Public Works Department no longer occupies a portion of the building, and sketches of a training and meeting room the Fire Department proposes be constructed on a portion of the existing Fire Department building roof. Mr. Carmen Tuminelly, and Mr. Bruce Patterson, of Suburban Engineering, were present to request approval of the preliminary plat and grading plan for Eagle Ridge East. Mr. Tuminelly explained the proposed plat, stating that there will be a maximum of 15 townhouse units constructed on the plat. In connection witl the proposed grading, Mr. Patterson submitted a "before and after' drainage characteristics drawing. He indicated that the trade-of: on drainage would be equalized, the added impervious surface drainage toward I-35E would be more than off-set by the additiona: drainage that was being graded to drain toward Marie Avenue and Eagle Ridge Drive. Mr. Tuminelly stated that he desires to install his own sewer collecting system for the plat. He indicated willingness to grant easements, construct the utilities in accordance with City specifications, and 44 turn, the collection system would be a part of the City system, which in- cludes municipal maintenance. After a lengthy discussion, Councilman Mertensotto moved that the grading plan and limits as shown on page 3 of the plans dated April 19, 1977 be approved and that staff be directed to work with Mr. Tuminelly to iron out necessary details including details on the sanitary sewer system. Councilman Losleben seconded the motion. The Council acknowledged receipt of a memo from the City Administrator and a letter from Attorney Winthrop regarding municipal liquor and the issuance of "on-sale" private liquor licenses. Councilman Mertensotto moved the adoption of Resolution No. 77-29, "RESOLUTION RELATIVE TO MSA FINANCING," requesting M.S.A. funding for Marie Avenue (Central). Councilman Losleben seconded the motion. MEETING TIME Ayes: 5 Nays: 0 MISCELLANEOUS Page 820 April 19, 1977 Councilman Schaberg requested that the Council change the Council meeting starting time. After a brief discussion, Councilman Mertensotto moved that the City Attorney be directed to prepare the Ordinance amendment necessary to change the starting time of Council meetings from 8:00 P.M. to 7:30 P.M., effective June 7. Councilman Wahl seconded the motion. The Council directed Attorney Winthrop to notify Harry Kirchner of the recent letter of complaint on Fischer's 66 parking on T.H. 49, advising him of the Council's concern over the associated traffic hazard, and to invite him to attend the May 7 meeting to try to work out the problem. ASSESSMENT APPEALS Attorney Winthrop updated the Council on two assessment appeals: the Reynolds Guyer appeal from his Marie Avenue assessment, and an appeal from Mr. Reuben Phillips from Orchard/Hunter Lane area improvement assessments. Mr. Winthrop stated that in his opinion, there is no basis for an adjustment of the Guyer assessment and recommended that the City go to litigation over the appeal. The Council concurred in this recommendation. EMERSON AVENUE IMPROVEMENTS Ayes: 5 Nays: 0 • The Attorney's recommendation on the Phillips appeal was that the assessment for the frontage along Hunter Lane be deferred until the subsequent development of the front lot occurs. The Council directed that the deferment be reflected in a document to be filed in the office of the Dakota County Register of Deeds, further directing that the City Attorney prepare such document. Councilman Mertensotto moved the adoption of Resolution No. 77-30, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING, ON PROPOSED EMERSON AVENUE IMPROVEMENTS," the hearing to be held at 8:00 P.M. on May 17. Mayor Lockwood seconded the motion. LIST OF CLAIMS Councilman Losleben moved the 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, April 19, 1977, having been audited by the City Council, be and are hereby allowed and the Mayor and Clerk-Treasurer of the City of Mendota Heights are hereby authorized and directed to issue City checks in payment of said claims. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 CIGARETTE LICENSE Ayes: 5 Nays: 0 Page 821 April 19, 1977 Mayor Lockwood moved approval of the list of licenses, granting licenses to: David Klemmensen, Builders Boda Construction Company, Inc. Gary Lentz, Inc. Ed T. Kolar & Company, Inc. Rudy Lenz, Inc. Mar Don Homes, Inc. Councilman Wahl seconded the motion. General Contractor License General Contractor License Concrete Contractor Licens( Plumbing License. Masonry License General Contractor License Councilman Wahl moved that a cigarette license be granted to George's Golf Range, Inc. Councilman Mertensotto seconded the motion. NON-INTOXICATING Councilman Losleben moved that an "on-sale, off=sale" MALT LIQUOR LICENSE non-intoxicating malt-liquor license be granted to George's Golf Range, Inc. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 There being no further business to come before the Council, Mayor Lockwood moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. TIME OF ADJOURNMENT: 12:05 o'clock A.M. 4 40 dabaugh Clerk reasurer ATTEST: /art-27Jc Robert G. Lockwood Mayor