1985-04-02 Council minutesPage No.2228
April 2, 1985
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, April 2, 1985
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: 4
Nays: 0
Abstain: 1 Lockwood
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.
Councilmember Hartmann moved approval of the minutes
of the March 5th meeting with corrections.
Councilmember Witt seconded the motion.
Mayor Lockwood moved approval of the minutes of the
March 19th meeting with correction.
Councilmember Hartmann seconded the motion.
Councilmember Witt moved approval of the consent
calendar as submitted and recommended for approval as
part of the regular agenda, excepting item c, approval
of the list of claims, along with authorization for
execution of all necessary documents contained
therein.
a. Acknowledgement of the Code Enforcement monthly
report for March.
b. Acknowledgement of the minutes of the March 26th
Planning Commission meeting.
d. Approval of the list of contractor licenses,
granting licenses to:
John O. Fure Construction Concrete License
Company
Ingram Excavating, Inc.
Excavating License
Ayes: 5
Nays: 0
PUBLIC COMMENTS
FIREFIGHTER
Ayes: 5
Nays: 0
Horwitz, Inc.
Dick Nelson, Inc.
Crist Construction, Inc.
HamMar Enterprises, Inc.
General Sheet Metal
Corporation
Loop Belden Porter, Inc.
Dahms Heating, Inc.
Dalbec Roofing
Northface Exteriors, Inc.
Page No. 2229
April 2, 1985
Gas Piping License
General Contractor License
General Contractor License
General Contractor License
Heating & Air Conditioning
License
Htg. & Air Conditioning Lic
Htg. & Air Conditioning Lic
Roofing License
Roofing License
e. Approval of 3.2 Malt Beverage Licenses to:
Par 3 Golf, Inc.
Country Club Market
Tom Thumb No. 563
George's Golf Range, Inc.
On-Sale 3.2 Malt Beverage
Off-Sale 3.2 Malt Beverage
Off-Sale 3.2 Malt Beverage
On/Off Sale 3.2 Malt Bev.
f. Acknowledgement of a memo regarding responses to
the City Hall Study request for proposals.
Councilmember Cummins seconded the motion.
Mr. Russell Wahl, 631 Callahan Place, was present to
file a complaint about a semi being parked on Callahan
regularly and to ask that the Council direct staff to
prepare a proposed ordinance which would restrict
semis from residential districts. There was also some
discussion over the posting of load limits.
Council directed staff to prepare a proposed ordi-
nance, to review the ordinance requirements on load
limits, and to address the immediate problem of semi
parking on Callahan Place.
Councilmember Cummins moved that Peter Villard, 1063
Chippewa Avenue, be appointed as a member of the
Volunteer Fire Department.
Councilmember Hartmann seconded the motion.
CASE NO. 85-04, Mr. Ralph Linvill and his representatives were present
DAKOTA BUSINESS PLAZA regarding Mr. Linvill's application for parking
setback variance and to request approval of a building
permit for an office/warehouse structure at the south-
west corner of Pilot Knob Road and Perron Road. Mr.
Larry Anderson, the applicant's legal counsel, stated
that although the agenda indicates need for variance
consideration, he believes the plan complies with the
ordinance and asked for permit approval. He stated
Page No. 2230
April 2, 1985
that the City Planner has recommended that Mr. Linvill
dedicate k an additional 13.5 feet of right-of-way for
Perron Road but that without the dedication the plan
complies with the parking setback requirement. He
stated that the planner is concerned over future
access to the property behind the Linvill site and
that there would better truck access to the subject
site if Perron Road is developed. He pointed out that
his client feels that Mr. Dahlgren's concerns are
legitimate and that he is ready to deal with all the
concerns except that he wants variance approval if the
additional right-of-way is dedicated. He stated that
Mr. Linvill would make the dedication along Pilot Knob
Road and would waive the right to appeal assessments
if Perron Road is constructed; although he did not
feel that the Perron Road dedication is necessary at
this time, he would also grant that dedication if the
City felt it was necessary. He noted that Planner
Dahlgren is technically correct in indicating that the
hardship (test) is not met, but stated that his client
is present in a spirit of cooperation: the City would
like the right-of-way dedication and Mr. Linvill would
in return like to have the variance so as to construct
the parking as proposed.
Mr. Bill Price, engineer for the project, reviewed a
sketch plan, stating that the building is set back to
the rear of the lot as far as possible. He stated
that access will be from two points on Pilot Knob
Road, one of which will be at the Perron Road
alignment. The project plan includes improving 50 to
100 feet of Perron Road right-of-way to provide the
access. He felt that there would be a very limited
possibility that Perron Road would ever be extended,
noting that it would only serve three properties: the
Linvill site, the Smith property and the Pabst
property. He stated that the proposed variance would
allow nine additional parking stalls along the Perron
Road right-of-way. The project architect reviewed the
building design including exterior surfacing
consisting of break-off block on the majority of the
structure and smooth block in the loading areas
located on the west side of the structure.
Councilmember Witt noted that there appears to be very
little green area proposed.
Councilmember Cummins asked Mr. Price at what point in
the planning process the Perron Road potential
extension came to his attention. Mr. Price responded
that the matter came up a long time ago, and that Mr.
Linvill has tried to buy right-of-way from Brad Smith
Ayes: 5
Nays: 0
CASE NO. CAO 85-02,
FLEXNER
Page No. 2231
April 2, 1985
to give to the City but has been unsuccessful. He
stated that the first thought was to request that the
existing right-of-way be vacated.
In response to a question from Councilmember Hartmann,
Public Works Director Danielson reviewed Council
discussions of last fall when the original plan was to
extend Transport Drive through the Linvill site.
Mayor Lockwood suggested that the Pabst family may at
some future time decide to sell part of their property
for development as smaller parcels and that Perron
Road could therefore become very important. He
pointed out that the Council has already made a
concession in deciding that the east-west alignment
should be Perron Road and not Transport Drive. He
indicated that he could not disagree with the Planning
Commission that there is no hardship on which to base
variance approval.
Planning Commissioner Frank, present in the audience,
stated that the Commission felt it is imperative that
the City retain the potential for Perron Road. He
informed the Council that there was some discussion
that if the structure's size were reduced there would
not be a need for as much parking as is proposed, and
he suggested that this be considered as an option.
Councilmember Blesener stated that a green space
(area)is necessary between the parking area and right-
of-way and also that the Perron Road right-of-way is
necessary. In response to a comment from Mr. Anderson
she stated that she would not be in favor of granting
the requested variance in trade for the right-of-way
dedication because proposed development of the site is
so dense that as much green space as possible should
be maintained. Councilmember Witt agreed on the green
space need and also the need for additional right-of-
way.
After discussion, Councilmember Blesener move approval
of the issuance of the requested building permit
subject to receipt of executed right-of-way documents
for Pilot Knob Road and Perron Road and final approval
of the plans by City staff.
Councilmember Witt seconded the motion.
Mrs. William Flexner, 1275 Knollwood Lane, was present
to request approval of a critical area modified site
plan to allow construction of an addition on their
home.
Ayes: 5
Nays: 0
SEAL COATING
Ayes: 5
Nays: 0
MN/FSL CONTRACTOR
LICENSE
Ayes: 5
Nays: 0
STREET IMPROVEMENT
POLICY
Page No. 2232
April 2, 1985
Mayor Lockwood moved approval of a critical area
modified site plan along with waiver of the public
hearing requirement and authorization for staff to
issue the required building permit for the proposed
addition at 1275 Knollwood Lane.
Councilmember Hartmann seconded the motion.
Councilmember Witt moved to approve plans and
specifications for the 1985 seal coating project and
to authorize staff to advertise for bids to be
received on May 16th.
Councilmember Hartmann seconded the motion.
Councilmember Cummins informed the Council that legal
counsel for Mn/FSL has contacted City Attorney Hart
and indicated that the firm is willing to try to
rectify some of the problems which precipitated the
Council's consideration of license revocation. He
suggested that the revocation hearing process be laid
over for several weeks to allow resolution of problems
some of the homeowners have experienced and to allow
time for development of covenants for the plat. He
recommended that the hearing be rescheduled to May 7th
at which time the hearing could be conducted in the
event that Mn/FSL is either unwilling or unable to
resolve the problems.
Councilmember Cummins moved that the Mn/FSL license
revocation hearing be postponed to May 7th and that
Mn/FSL be formally notified that the hearing has been
rescheduled subject to negotiations between the firm
and the homeowners.
Mayor Lockwood seconded the motion.
The Council acknowledged and discussed a memo from the
Public Works Director regarding a City street improve-
ment policy. Councilmember Blesener felt that Council
should establish a standard policy for construction or
reconstruction of City streets to urban design. In
response to Council comments, she acknowledged that in
the final analysis it may be that property owners
affected by improvement projects may not be in favor
of urban design, but felt that a written statement of
policy should be adopted.
After discussion, staff was directed to prepare a
proposed resolution to implement a policy of urban
FIRE MUTUAL AID
Ayes: 5
Nays: 0
Page No. 2233
April 2, 1985
design for street construction or reconstruction.
Councilmember Hartmann moved to authorized execution
of a (Dakota County) Agreement for Joint and
Cooperative Use of Fire Personnel and Equipment.
Councilmember Witt seconded the motion.
HOUSING PLAN MEETING The Council acknowledged and discussed a memo from the
City Administrator recommending establishment of a
joint Council/Planning Commission meeting for
discussion of the proposed Housing Plan amendment and
discussion of the Mn/DOT plans for the Mendota Inter-
change.
MILEAGE RATE
Ayes: 5
Nays: 0
It was the concensus of the Council that the meeting
be conducted at 7:30 P.M. on April 30th.
Councilmember Hartmann moved to establish the mileage
reimbursement for City employees be at 20.5 cents per
mile and to authorize a $10 per month automobile
availability payment to Senior Engineering Technician
Tom Knuth.
Councilmember Blesener seconded the motion.
NOMINATION Councilmember Blesener moved to direct staff to submit
ENDORSEMENT a letter to the Association of Metropolitan Municipal-
ities endorsing the nomination of Eagan Mayor Bea
Blomquist for Association Vice President.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
SOUTHTOWN AREA
MEETING
Ayes: 5
Nays: 0
SEWAGE BILLINGS
Councilmember Cummins moved that Mayor Lockwood be
designated to attend the August 22nd Southtown Area
meeting on behalf of the Council.
Councilmember Witt seconded the motion.
The Council acknowledged a memo from the Public Works
Director regarding Metropolitan Waste Control
Commission notification of substantially increased
sewer flow figures which will result in a M.W.C.C.
billing increase of about $160,000 by 1986 and $36,477
in the final 1984 bill.
AGENDA POSTING The Council acknowledged and discussed a memo
regarding the posting of Council meeting agendas.
Ayes: 5
Nays: 0
RECREATIONAL VEHICLE
PARKING
MISCFLLANEOUS
DRAINAGE
Ayes: 5
Nays: 0
DOWNING STREET
Ayes: 5
Nays: 0
MISCELLANEOUS
Page No. 2234
April 2, 1985
After discussion, Councilmember Cummins moved to adopt
the staff recommendation for posting as an interim
measure and to direct staff to study the feasibility
of locating bulletin boards in appropriate areas for
posting of agendas.
Mayor Lockwood seconded the motion.
The Council acknowledged a memo from the City Adminis-
trator regarding the parking of recreational vehicles
and other nuisances and directed staff to research the
cost of experimenting with a "seasonal" enforcement
program.
Councilmember Blesener felt that there should be a
public education effort regarding various ordinance
requirements including recreational vehicle parking
and suggested that staff prepare an information sheet
to be distributed City-wide.
As part of the discussion on recreational vehicle
parking, Councilmember Hartmann expressed his concern
over a blacktopped parking pad at 544 Miriam and felt
that the City should require its removal because of
the potential that it could cause substantial drainage
problems in the area.
The Council acknowledged and discussed a memo
responding to Council concern over a berm located at
the end of Miriam Street.
After discussion of a staff memo regarding drainage
into Mendota from the Valley View Oak Addition,
Councilmember Witt moved that staff contact Mendota
officials and attempt to reduce the flow from the
Valley View Oak Addition retention pond by raising the
casting of the inlet structure.
Councilmember Hartmann seconded the motion.
The Council discussed a memo from the Public Works
Director regarding the condition of the street surface
on Winston Court and Downing Street.
After discussion, Councilmember Hartmann moved to
direct staff to prepare a feasibility report for
street improvements.
Councilmember Witt seconded the motion.
The Council discussed a request from Councilmember
Cummins for approval of an expenditure for
LIST OF CLAIMS
Ayes: 5
Nays: 0
Page No. 2235
April 2, 1985
registration for his attendance at a Minnesota Institute
of Legal Education seminar. It was noted that the
seminar is scheduled (in part) at the same time as the
City-scheduled Lyle Sumek workshop. No authorization was
given for the expenditure.
Mayor Lockwood moved approval of the List of Claims dated
April 2, 1985, and totalling $85,562.84.
Councilmember Hartmann seconded the motion.
PERSONNEL The City Administrator reviewed the status of the Civil
Engineer I selection process.
ADJOURN
Ayes: 5
Nays: 0
There being no further business to come before the Council,
Councilman Hartmann moved to adjourn the meeting.
Councilmember Cummins seconded the motion.
TIME OF ADJOURNMENT: 10:25 o'clock P.M.
'11'7
athleen M. Swanson
City Clerk
ATTEST:
Rat41:-/A (t)-44,u,troi
Robert G. Lockwood
Mayor