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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