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1986-03-04 Council minutesPage No 2464 March 4, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 4, 1986 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 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, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Witt moved adoption of the agenda for the meeting including additional items contained in the add -on agenda. Councilmember Cummins seconded the motion. Mayor Lockwood moved approval of the minutes of the February 18th meeting. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the Code Enforcement monthly report for February. b. Acknowledgement of the minutes of the February 25 Planning Commission meeting. c. Acknowledgement of a notice of public hearing on a proposed MTC route change. d. Acknowledgement of a letter from Mn /DOT regarding TH149 /Mendota Heights Road. e. Approval of the list of claims dated March 4th and totaling $666,057.87. f. Approval of the list of contractor licenses dated March 4, 1986 and attached hereto. g. Acknowledgement of a request from United Properties for reconsideration of proposed Ayes: 5 'rays: 0 jX ANTICIPATION CERTIFICATES Ayes: 5 Nays: 0 HEARING -- CASE NO 86 -01, ST. PAUL'S UNITED METHODIST CHURCH Page No. 2465 March 4, 1986 industrial park street name changes and authoriza- tion for staff to schedule a discussion on a future agenda. Councilmember Blesener seconded the motion. Financial Advisor Shaughnessy reviewed bids received for the sale of $500,000 in tax anticipation certificates as follow: First Banks of St. Paul and Minneapolis bid a net interest rate of 5.821; Norwest Bank of Minneapolis bid a net interest rate of 5.9%; American National Bank of St. Paul bid a net interest rate of 5.931. He recommended that the bid be awarded to the First Banks. Mayor Lockwood moved adoption of Resolution No. 86 -12, "RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $500,000 GENERAL 'OBLIGATION TAX ANTICIPATION CERTIFICATES OF 1986," awarding sale of the certificates to the First Banks of St. Paul and Minneapolis. Councilmember Witt seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from St. Paul's United Methodist Church for conditional use permit and variances to allow construction of a church on the east side of Dodd Road, one -half mile north of T.H. 110. Mr. Richard Haluptzok, from Buetow and Associates, was present to represent the applicants. He stated that a conditional use permit is required in order to construct a church in an R -1 zoning district. Mr. Haluptzok informed Council that the Church agrees to dedicate a 60 foot easement to the City for a new street to be constructed on the north edge of the property and has also agreed to grant a future easement to Mn/DOT along the westerly property line, ranging from 34 feet at the north edge to 17 feet at the south edge. He stated that it is planned that the westerly 2.9 acres of the site will be developed as church property and that the remainder of the property will be platted into 5 single family lots at some future time. Mr. Haluptzok informed the Council that two variances are also requested: an 18 foot setback variance on the north and south property lines and a five foot height variance to allow the church spire height to be 42.5 feet. In response to a question from Councilmember Witt, Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No 2466 March 4, 1986 Public Works Director Danielson stated that the widening of Dodd Road to Marie Avenue should occur by 1990 and that the widening is anticipated in the church's plan. Mayor Lockwood pointed out that it is unusual for one property owner to dedicate an entire 60 foot easement. He also expressed concern that if Mn /DOT were to decide to construct T.H. 149 on the alignment shown on the City maps, the easements which the church proposes to dedicate to Mn /DOT might be inadequate. Mr. Danielson stated that the right -of -way which the church has agreed to dedicate would be adequate. Councilmembers Cummins and Blesener asked about the seating capacity, parking and expansion capability. Mr. Haluptzok responded that the membership could triple and that proposed structure would still be of adequate size. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed at 8:05 o'clock P.M. Councilmember Cummins seconded the motion. Councilmember Hartmann moved the adoption of Resolution No. 86 -13, ''RESOLUTION APPROVING CONDITIONAL USE PERMIT," and the variances as requested. Councilmember Witt seconded the motion. Councilmember Witt moved adoption of Resolution No. 86 -14, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR ST. PAUL'S UNITED METHODIST CHURCH." Councilmember Hartmann seconded the motion. ayes: 5 ys: 0 FEASIBILITY HEARING - Mayor Lockwood opened the meeting for the purpose of a BISAN2 PROPERTY public hearing on proposed sanitary sewer and water (IMPROVEMENT NO. 82 -7) extensions to serve the Bisanz property and adjacent areas between I -35E and St. Thomas Academy. Public Works Director Danielson reveiwed the feasibility study, informing Council that a waterline is located along the I -35E right -of -way on the west side of the Bisanz property: sewer is not available Ayes: 5 Nays: 0 Ayes: 5 mays: 0 ■ FEASIBILITY HEARING - LEMAY LAKE DRAINAGE Page No. 2467 March 4, 1986 and must be installed. He stated that a sanitary sewer lift station and gravity system will be required. Mr. Danielson informed Council that the St. Thomas Academy and Tousignant properties and two properties zoned B -1 and adjacent to I -35E are affected by the proposed project. It is proposed that sewer be assessed at $35.00 per foot for property abutting the gravity sewer portion and that only the Bisanz property be assessed for water. Of the estimated $133,000 project cost, it is proposed that $63,000 (a portion of the lift station cost) be held for future construction, and is estimated that the Tousignant and St. Thomas properties be assessed $21,000 each for sanitary sewer and the other two properties be assessed approximately $14,000 for sewer. Mayor Lockwood asked for questions and comments from the audience. Mr. Robert Tousignant asked whether the Visitation Convent property will be assessed for any of the costs. Mr. Danielson responded that the property will not be able to be connected to the system and therefore will not be benefitted or assessed under the proposed project. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 86 -15, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS AND WATER EXTENSION CONSTRUCTION TO SERVE BISAN2 PROPERTY AND ADJACENT AREAS (IMPROVEMENT NO. 82, PROJECT NO. 7)." Mayor Lockwood seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on Lake LeMay area sanitary sewer, water and drainage improvements. Mayor Lockwood acknowledged receipt of a letter from Furlong Addition area property owners requesting an extension of sanitary sewer and water improvements to serve their properties. Assistant City Engineer Klayton Eckles reviewed the feasibility study, including the proposed distrttibtion Page No. 2468 March 4, 1986 of costs, assessment rates and project history. project. Treasurer Shaughnessy reviewed the Tax Increment Financing participation in the project. Mayor Lockwood asked for questions and comments from the audience. Mr. Gaylen Funk, 1199 Rogers Road, asked staff to explain what benefit the Rogers Road property owners will receive under the proposed project. He stated that he feels it is unfair to assess the same rate for drainage improvements for all of the properties proposed to be assessed. He suggested that the regrading and streamlining of ditches along T.H. 55 by Mn /DOT is what really increased the lake's level and that the level of the lake was just as high in 1964 through 1968 as it is now. He felt that a considerably larger portion of the City contributes water to the lake and that the entire City should pay for improvements rather than just the immediate area He stated that he does not object to the proposed improvement, but does object to the method of assessment proposed. Mr. Tim Kuntz and Mr. Bill Price, representing the Bredvolds, described the Bredvolds' concern over potential damage their property may incur if the level is not controlled. He stated that their goal is three -fold: to study all aspects of the problem, to find the most cost effective, permanent and feasible solution to the problem, and to determine an equitable distribution of costs. They supported the staff recommendation and urged the Council to approve the recommended storm sewer project. Mr. Tim Quinn, attorney for the Catholic Cemeteries, stated that the organization owns considerable land around the lake which is not platted for cemetery lots. The proposed assessment will cause substantial financial burden on the organization and the project is proposed just because the level of the lake is unsatisfactory to two property owners. He suggested that the drainage problem was caused not only by significant rainfalls but also by development in the area while the cemetery property is open land and does not contribute drainage to the lake. He stated that he feels the 32 acres of cemetery land which is proposed to be assessed will not be benefitted. Mr. Bernard Biessener, 1309 Furlong, stated that the level of Lake Augusta is the same as Lemay and that since drainage from the cemetery property is raising the level of Augusta it must also be contributing to Ayes: 5 Nays: 0 Page No. 2469 March 4, 1986 the increase in the level of Lake Lemay. Mr. Tom Swenson, 1094 Kendon, asked whether a petition had been submitted for the storm sewer improvements and indicated that while the project might be good, he has mixed emotions about it. Mr. Robert Larson, from Larson's Greenhouse, stated that he would like to see the City install sewer and water along T.H. 55 where he could receive some benefit from it. Mr. Robert Tousignant suggested that since the Lemay Lake level is affecting only one or two properties, perhaps the City should consider buying those properties rather than installing the public improvements, and then simply let the lake rise and fall in its own fashion. Mr. Arthur Bourn, 1181 Rogers Road, asked whether the problem could be solved by installing a dike and suggested that there must be a better solution than what is proposed. Mr. Biessener asked whether the lake has been checked by the Health Department for pollutants from the area septic systems. Mr. Kenneth Gauw asked whether the level of Lake Augusta affects the level of Lemay and if so, whether the Council should consider assessing the Centre Point South plat. There being no further questions or comments, Councimember Cummins moved that the hearing be closed at 10:05 P.M. Councilmember Hartmann seconded the motion. Mayor Lockwood informed the Furlong area residents that if they are interested in an extension of public utilities to serve their properties, they should submit a petition with the signatures of owners of at least 35% of the property which would abut the proposed improvements. Action on the Lemay Lake drainage project was tabled to no later than April .15th.: RECESS Mayor Lockwood called a recess at 10:06 P.M. The meeting was reconvened at 10:20 P.M. Page No. 2470 March 4, 1986 SOMERSET COUNTRY CLUB Mr. Garold Murphy was present to request. approval of a VARIANCE, CASE NO. 86- 2,840 square foot variance from the accessory building 04 size requirement to allow a 2,400 square foot addition to an existing maintenance building on the country club property. Ayes: 5 Nays: 0 COPPERFIELD Ayes: 5 Nays: 0 GUN CLUB LAKE WMO Ayes: 5 Nays: 0 Councilmember Witt moved approval of the variance as requested. Councilmember Cummins seconded the motion. Councilmember Cummins moved adoption of Resolution No. 86 -16, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE COPPERFIELD SUBDIVISION (IMPROVEMENT NO. 85, PROJECT NO. 4)." Councilmember Witt seconded the motion. Councilmember Blesener moved that Klayton Eckles be appointed as the City's alternate member on the Gun Club Lake Watershed Management Organization. Councilmember Hartmann seconded the motion. MISCELLANEOUS Councilmember Blesener reported on T.H. 13 /Victoria Committee meeting discussions. SELECTIVE SERVICE REGISTRATION Ayes: 5 Nays: 0 )UNCIL SEMINAR Councilmember Cummins moved adoption of Resolution No. 86 -17, "RESOLUTION DECLARING REGISTRATION AWARENESS MONTH," declaring April selective service registration month. Mayor Lockwood seconded the motion. Administrator Frazell informed the Council that he has contacted Lyle Sumek and tentatively scheduled the proposed vision writing session for April 4th and 5th. It was Council consensus that the session be conducted on one day only, preferably April 5th. ADJOURN Ayes: 5 ATTEST: Page No 2471 March 4, 1986 There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 10:48 P.M. Piret4,0triLtyfte, Robert G. Lockwood Mayor thleen M. Swanson City Clerk