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1983-05-03 Council minutesPage No. 1819 May 3, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 730 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. ( ) Acting Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Mertensotto, Councilmembers Hartmann, Losleben, and Witt. Mayor Lockwood had notified the Council that he would be absent. APPROVAL OF Councilman Losleben moved approval of the April 19th inirautes, MINUTES Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilman 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 nec- essary documents contained therein. 1. Acknowledgement of letters from the Department of Commerce approving industrial revenue financing projects for United Properties and Linvill Associates. 2. Acknowledgement of the minutes of the April 12th Park and Recreation Commission meeting and the April 26th Planning Commission meeting. 3. Acknowledgement of the Code Enforcement Officer's monthly report for April. 4. Approval of the list of claims dated May 3, 1983 and totalling $110,307.29. 5. Approval of the list of licenses, granting licenses to: D.J. Construction Gresser, Inc. Rumpca Sewer & Water Conn. Wangerin, Inc. Air Conditioning Associates Berens Construction Doyle Construction Linden Hills Carpentry McGough Construction Co. Minnesota Real Estate Mgmt. South Metro Exteriors Welsh Construction Corp. Air Conditioning Associates Thomas Finn Company Concrete License Concrete License Excavating License Excavating License Gas Piping License General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor Heating & Air Conditioning Roofing License Ayes : 4 Nays: 0 ABATEMENTS Ayes: 4 Nays: 0 Page No. 1820 May 3, 1983 Councilwoman Witt seconded the motion. County Assessor Bill Peterson was present to request Council approval of an abatement for 765 Willow Lane. He advised the Council that the property has been recently reviewed by the Assessor's office as the result of a request from the new property owner. It was determined that the original valuation was incorrect. After discussion, Councilman Losleben moved that an abatement be granted to Mr. Allan Anderson for 765 Willow Lane, Parcel No. 27-71050-060-00, reducing the assessed value from $50,452 to $41,049. Councilman Hartmann seconded the motion. CASE NO. 83-09, LARSON Mr. Robert Shields, representing Kathryn Larson, was present to request approval of the division of Lot 33, Willow Springs Addition, 623 Callahan Place The Council noted the Planning Commission concerns over maintenance of the existing drainage, and was advised that Ms. Larson has agreed to grant the City a drainage easement which is currently being prepared by her surveyor. Councilman Losleben moved approval of the division of Lot 33, Willow Springs Addition, as proposed, subject to receipt of a storm water drainage easement, receipt of the $600 park con- tribution required as part of the division process, and clar- ification that the property has been fully assessed for public improvements. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 CASE NO. 83-15, SMEDSTAD Public Works Director Danielson explained the application from Bruce Smedstad for the division of Lot 1, Block 1, Eide Estates Addition, along with an application for wetlands permit to construct an addition on the rear of the structure located at 901 Wagon Wheel Trail. Mr. Danielson stated that Mr. Smedstad recently purchased 901 Wagon Wheel Trail with the understanding that the land within the fenced area was included within his property. He had learned subsequently that the existing fence was located approximately 18 feet onto the Eide lot. Mr. Danielson explained that 901 Wagon Wheel Trail does not meet the required lot size and that the addition of the 18 feet proposed to be divided from the Eide lot would bring the property into conformance with the ordinance. He stated that Mr. Smedstad had negotiated the purchase of the 18 feet from the Eide's and recommended that the lot division be approved. Mr. Danielson explained that the addition Mr. Smedstad proposes to add to the rear of his home would be approximately 45 feet from Rogers Lake. He noted that the existing garage on the property Ayes : 4 Nays : 0 CASE #83-01 and 83-02, CULLIGAN Page No. 1821 May 3, 1983 is approximately 25 feet from the lake and in view of the fact that the distance of the proposed addition is greater than that of the existing garage, he recommended approval of the wetlands permit. After discussion, Councilman Losleben moved approval of the division of Lot 1, Block 1, Eide Estates Addition as proposed, along with granting of a wetlands permit to allow construction of a proposed addition on the structure at 901 Wagon Wheel Trail 45 feet from Rogers Lake, on the condition that the applicant grant to the County a 12 foot four inch easement for Wagon Wheel Trail right-of-way parallel to Wagon Wheel Trail along the width of the existing property. Councilman Hartmann seconded the motion. Acting Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Lawrence Culligan for Critical Area site plan review and subdivision of 7.3 acres of land located west of 1949 Glenhill Road. Mr. Culligan presented sketches of the proposed subdivision stating that he proposes to divide the land into nine lots which would include a lot on which his existing home is located. He stated that all of the lots exceed the lot size requirement and vary from one-third acre to one acre in size. He stated that the most critical part of the subdivision proposal is the treatment of surface water drainage and reviewed several possible methods of handling surface water. Acting Mayor Mertensotto noted that the Planning Commission had recommended only the platting of Lots 8 and 9 at this time. He stated that there appear to be several problems which need resolution and that perhaps it would be more prudent to defer consideration of total platting until the TH 110 drainage system is a reality. Mr. Culligan suggested that he believes there is a possibility of utilizing the Mendota utility system and asked that the Council authorize the engineering staff to pursue the possibility and to prepare a surface water study for the area. He further asked that the City Engineer meet with Mn/DOT representatives and use whatever "clout" the City may have to help get the TH 110 drainage system constructed soon. Acting Mayor Mertensotto asked for questions and comments from the audience. Mrs. Rheta Oster, Mendota Councilmember, expressed the Mendota Council's concerns over drainage. She stated that several representatives of Mendota walked around the Valley View Oak Addition area and viewed the ponding area for that subdivision and do not believe that it is functioning as it should. She stated that several Mendota property owners are having surface Page No. 1822 May 3, 1983 water and erosion problems which they attribute to the Valley View Oak Addition. She stated that the Mendota officials believe properties in their City are being damaged because of the drainage from Valley View Oak and the City intends to stop the problem. Mendota Planning Commission member Sharon Bruestle also commented on the drainage problems. City Administrator Johnson suggested that a connection to the Mendota utility-system should be explored, and Acting Mayor Mertensotto stated that the City's engineering staff should keep in contact with the Mendota engineering consultants relative to the Mendota utility studies. Councilman Hartmann moved that the hearing be continued to July 19th and that the City Engineer be directed to work with the developer, the City of Mendota and Mn/DOT to determine the extent of the Mendota project and the TH 110 drainage project to determine to what extent the Mendota Heights partic- ipation should be. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 CASE NO. 83-06, STRUB Acting Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from William Strub for a conditional use permit for a planned unit development. Ayes: 4 Nays: 0 Mr. Strub reviewed the proposed site plan for a four building condominium office park planned unit development to be located on TH 13 between Wachtler and I-35E. Mr. Strub reviewed minor changes in the site plan, including the removal of three parking spaces which intruded on the Critical Area 40 percent slope requirement, and a change in parking stall width from 10 feet to 9 feet. He acknowledged the necessity for parking space width variance and a five foot sideyard setback variance for the parking area from the east property line. He stated that a completed landscaping plan and all other plans have been submitted and reviewed by City staff. Architect Robert Ackermann responded to a question on the use of an open ditch for drainage. Mr. Strub responded to a question on lighting. Acting Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilman Hartmann moved that the hearing be closed. Councilman Losleben seconded the motion. Councilwoman Witt moved the adoption of Resolution No. 83-42, "RESOLUTION APPROVING PLANNED UNIT DEVELOPMENT FOR RIVERWOOD PLACE", subject to execution of a developers agreement, satis- Page No. 1823 May 3, 1983 faction of the park contribution requirement and compliance with the conditions stipulated in staff reports. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 HEARING, CASE NO. 83-13, Acting Mayor Mertensotto opened the meeting for the purpose of SONS OF JACOB a public hearing on an application for a conditional use permit from Johnson-Forberg Architects and the Congregation Sons of Jacob. ( ) Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Mr. Roger Johnson, representing Johnson-Forberg Associates, along with the president of the Congregation, were present to request approval of a conditional use permit to allow construction of a synagogue on a parcel of property located on the TH 110 frontage road at Hunter Lane and a variance to allow parking spaces 9 feet wide rather than the required 10 feet. Mr. Johnson stated that in response to neighborhood concerns over parking lot screening, he has prepared a landscape plan showing both existing trees and the planned addition of several 4-6 foot spruce trees. He indicated that the plan differs from the conditional use permit approved by the Council in a reduction in seating capacity and number of parking spaces and that access will be from the service road rather than Hunter Lane. In response to a question from the Council, the Congregation president stated that the former Mulvihill residence, which is located on a separate parcel of land owned by the Congregation, will be used as the Rabbi's residence. The Council advised him that since the residential property is a separate parcel it is exempt from the conditional use permit consideration and can never be used for any purpose other than single family residential unless an application for change in use is made and approved by the Council. Acting Mayor Mertensotto asked for questions and comments from the audience. Mr. Jerry Rice asked whether the residence could be used for any purpose other than the Rabbi's residence. Mr. Isadore Saide asked what type of exterior lighting is planned. There being no further questions or comments, Councilman Losleben moved that the hearing be closed. Councilwoman Witt seconded the motion. Councilwoman Witt moved the adoption of Resolution No. 83-43, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR CONGREGATION SONS OF JACOB", based on the conditions stipulated by the Planning Commission. Councilman Losleben seconded the motion. HEARING, CASE NO. 83-10, STEHR Ayes: 4 Nays: 0 Ayes: 3 Nays: 1, Losleben CASE #83-17, SMOLIK Ayes: 4 Nays: 0 UNITED PROPERTIES INDUSTRIAL REVENUE FINANCING ( ) Ayes: 4 Nays: 0 Page No. 1824 May 3, 1983 Acting Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from James Stehr for a minor conditional use permit to allow construction of a 12' by 24' accessory structure at 1635 Dodd Road. Mr. Stehr stated that the structure, which has been completed without prior City approval, will be used to house pigeons which he raises for show. Mr. Stehr gave various reasons why the structure was completed without conditional use permit and advised that he had received a building permit for a 12' x 12' structure. Acting Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilman Hartmann moved that the hearing be closed. Councilwoman Witt seconded the motion. After considerable discussion, Councilwoman Witt moved approval of the minor conditional use permit as presented. Councilman Hartmann seconded the motion. Mr. David Smolik was present to request Council approval of his application for the division of an unplatted parcel of property located at the southeast corner of Mallard Road and Hunter Lane, known as 1916 Hunter Lane. He indicated that the application would allow creation of a new lot of 100 by 153.5 feet north of the existing 1916 Hunter Lane. He also requested approval of the 2.3 foot sideyard setback variance for the existing garage at the northerly line of the existing lot. Public Works Director Danielson addressed the matter of drainage and the need for culvert extension. After discussion, Councilman Losleben moved approval of the lot division and sideyard setback variance as requested subject to receipt of the park contribution and appropriate culvert plans and verification that the property has been fully assessed for public improvements. Councilman Hartmann seconded the motion. Mr. Marc Cella, from United Properties, was present to request final Council approval of the Industrial Revenue financing project for United Properties. Financial Advisor Shaughnessy advised the Council that all necessary papers are in order and that the project meets City guidelines. He recommended approval of the final resolution. Councilman Hartmann moved the adoption of Resolution No. 83-44, "RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT, APPROVING THE ISSUANCE OF $2,000,000 IN COMMERCIAL DEVELOPMENT REVENUE BONDS". Councilwoman Witt seconded the motion. UNITED PROPERTIES Page No. 1825 May 3, 1983 Mr. Marc Cella reviewed plans for construction of Phase I of BUILDING PERMIT the Mendota Heights Business Center. Ayes: 4 Nays: 0 ( ) MISCELLANEOUS Ayes: 4 Nays: 0 ECONOMICS LABORATORY BUILDING PERMIT Ayes: 4 Nays: 0 TRAILS COMMITTEE Ayes: 4 Nays : 0 Councilman Losleben moved approval of the building permit as presented subject to approval by the Public Works Director of all utility connections. Councilwoman Witt seconded the motion. Mr. Marvin Griffin was present to request Council approval of a building permit for the construction of 384 feet of office space within the office warehouse structure identified as 2514 Northland Drive. As part of the discussion, the Council expressed its concern over the debris and clutter which is allowec to occur at the rear of the structure and asked Mr. Griffin to meet with the City Planner to arrive at a solution to the problem. Councilman Losleben moved approval of the issuance of the requested building permit. Councilwoman Witt seconded the motion. A representative of Trudeau Construction Company was present to request approval of a building permit for minor interior masonry flat work construction at the structure located at 840 Sibley Memorial Highway. Councilman Losleben moved approval of the building permit as requested. Councilwoman Witt seconded the motion. The Council acknowledged receipt of letters of objection to Ivy Falls Addition street and drainage improvements from Mr. and Mrs. Robert Leffert, 669 Maple Park Drive, and Ms. Lorraine Freischel, 663 Maple Park Drive. Mr. Robert Doffing, a member of the Park Commission and Trails Committee, stated that the Trails Committee has received a quotation for preparation of a survey of 200 Mendota Heights households for a cost of $5,957. He echoed the Council sentiment that the cost is extremely high and indicated that the Committee could prepare the survey with assistance from City staff at less cost. There was considerable discussion over how trails could be funded, suggested questions for the survey including whether the property owners would be willing to make a financial committment to the trail construction, and similar questions. Councilwoman Witt moved that the Park and Recreation Commission be directed to conduct a Trails survey. Councilman Losleben seconded the motion. Page No. 1826 May 3, 1983 LEADERSHIP Administrator Johnson reviewed his memo on the proposed TRAINING leadership training session and recruitment of a new City Administrator. Ayes: 4 Nays: 0 Ayes : 4 Nays : 0 DOWNTOWN MENDOTA HEIGHTS Ayes: 4 Nays: 0 TEMPORARY HELP RAILROAD CROSSING Ayes: 4 Nays: 0 Councilwoman Witt moved that the City Administrator be authorized to execute an agreement with Government Training Service for a leadership training seminar to be conducted on Friday, June 17. Councilman Hartmann seconded the motion. The Council discussed that portion of the memo dealing with recruitment of a city administrator. Acting Mayor Mertensotto felt that the proposed six month "internship" is not totally necessary and suggested that the internship be reduced. The Council generally felt that the position should be advertised as City Administrator and not as Deputy City Administrator and spent considerable time discussing possible salary ranges. After discussion Councilman Hartmann moved approval of the qualifications for a city administrator with a salary range of $35,000 to $40,000 per year. Councilwoman Witt seconded the motion. The Council acknowledged a memo from the City Administrator relative to the informational meeting on downtown Mendota Heights to be conducted on June 7th. Councilman Losleben moved that the informational meeting on downtown Mendota Heights be conducted on June 7th at 8:00 o'clock P.M., and that the regular Council meeting begin at 6:30 P.M. Councilwoman Witt seconded the motion. Administrator Johnson informed the Council that 61 applications for the three temporary/seasonal positions have been received. The Council directed that applicants residing in the City should be considered for the positions before consideration is given to other applicants. The Council acknowledged and discussed a memo from the City Engineer relative to the Milwaukee Railroad track crossing at Northland Drive. He recommended that the Council authorize execution of a pipeline easement between the City and NSP so that staff may proceed to acquire a quit claim deed from Mn/DOT for the area needed for street right-of-way. Councilman Hartmann moved the adoption of Resolution No. 83-45, "RESOLUTION AUTHORIZING EXECUTION OF PIPELINE EASEMENT AGREEMENT". Councilwoman Witt seconded the motion. STRUB FEASIBILITY REPORT Ayes: 4 Nays: 0 ADJOURN Ayes : 4 Nays: 0 ATTEST: -1. Page No. 1827 May 3, 1983 The Council acknowledged and discussed a feasibility report on the proposed extension of the City's watermain to serve the Riverwood Place development proposed to be constructed on TH 13 by Strub and Associates. Councilwoman Witt moved the adoption of Resolution No. 83-46, "RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT, ORDERING IMPROVEMENT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS (IMPROVEMENT NO. 83, PROJECT N0. 2)". Councilman Hartmann seconded the motion. There being no further business to come before the Council, Councilwoman Witt moved that the meeting be adjourned. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 10:46 o'clock P.M. Charles E. Mertensotto Acting Mayor ity ee6e,,t) 7)? thleen M. Swanson Clerk