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1983-06-07 Council minutesPage No. 1833 June 7, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 7, 1983 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 6:30 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 6:30 o'clock P.M. The following members were present: Mayor Lockwood, Council Members Hartmann, Losleben, Mertensotto and Witt. APPROVAL OF MINUTES Ayes: 4 Nays: 0 Abstain: 1 Lockwood CONSENT CALENDAR Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the minutes of the May 3rd meeting. Councilman Mertensotto seconded the motion. Mayor Lockwood 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: 1. Acknowledgement of the minutes of the May 24th Planning Commission meeting. 2. Acknowledgement of the Engineering Status Report and the Fire Department and Code Enforcement monthly reports for May. 3. Acknowledgement and approval of the Association of Metropolitan Municipalities dues statement for 1983/84. 4. Acknowledgement and approval of a request from the Somerset View Pioneer Association to conduct a block party on June 24th, on the basis that all conditions required for a similar request in 1982 be met. 5. Approval of the List of Claims dated June 7, 1983 and totalling $139,905.46. 6. Approval of the List of Licenses, granting licenses to: Nova Frost Steininger Construction Co., Inc. Egan & Sons Company Daniel Anderson Construction John Beissel, Inc. Merle's Construction Co. Superior Pool Builders, Inc. Lawrence Signs, Inc. Councilwoman Witt seconded the -Motion. Excavating License Excavating License Gas Piping License General Contractor License General Contractor License General Contractor License General Contractor License Sign Contractor License Page 183 4 June 7, 1983 HEARING -- Mayor Lockwood opened the meeting for the purpose of a public DODD CONSTRUCTION hearing on an application from Dodd Construction for a conditional use permit for planned unit development, along with consideration of applications for wetlands permit and critical area review. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mr. Richard Einck, from Dodd Construction, and Mr. Mike Lyner, from Cenex Architectural and Engineering Services, were present to request approval of a conditional use permit to allow construction of a planned unit development consisting of 12 double townhome units on property known as the Snelling View Replat. Mr. Lyner reviewed landscaping details, pointed out that there will be 50 foot radii turning into the cul-de-sac, and advised that the developer will provide a 30 foot public access easement along the southern property line, 400 feet in depth, to provide access for the property owner south of the proposed plat. He stated that the applicant proposes a private, internal one-way street system. Councilman Mertensotto asked what controls the developer will retain over exterior design of the structures. Mr. Einck stated that the developer will have total exterior design control, that each of the units will have the same exterior dimensions of 80 by 64 feet and all will be faced with rough-sawn cedar and brick. Mayor Lockwood asked for questions and comments from the audience. Mr. Henry Christian, Chairman of the Lexington Court Townhouse Association, expressed concern that the Council and the developer recognize potential drainage problems which hard-surfacing of the northerly street might create. Public Works Director Danielson responded that the drainage course which runs between the properties is the wetlands area addressed in the application for wetlands permit. He stated that drainage will be addressed in the utility study for the project. He stated also that the project will meet the critical area forty foot setback requirement and that each permit for construction of a structure will be sumitted to the Council for critical area site plan review as required by the ordinance. Mr. Einck stated that the project is proposed to be completed in phases over approximately two years. There being no further questions or comments from the audience, Councilman Hartmann moved that the hearing be closed at 6:59 P.M. Councilman Losleben seconded the motion. After further discussion, Mayor Lockwood moved the adoption of Resolution No. 83-52, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR KINGSLEY ESTATES PLANNED UNIT DEVELOPMENT," based on the five conditions stipulated in the Planning Commission minutes along with execution of a developers agreement to be prepared by the Public Works Director. Councilman Losleben seconded the motion. Ayes : 5 Nays : 0 Page 181-5 June 7, 1983 Councilman Hartmann moved approval of the Dodd Construction Company application for wetlands permit. Councilwoman Witt seconded the motion. The Council conducted a critical area site plan review on the pro- posed Kingsley Estates Planned Unit Development and 'found the proposed project to be in conformance with the Critical Area Oi.dinance, acknowledging that a review of each structure must be conducted at the time each building permit application is received. HEARING -- Mayor Lockwood opened the meeting for the purpose of a public CASE NO. 83-18, hearing on an application from James Riley for placing fill on RILEY a parcel of property located on Lexington Avenue, between Lexington and I-35E. Ayes: 5 Nays: 0 ( Ayes: 5 Nays: 0 CASE NO. 83-19, BOLLMEIER Ayes: 5 Nays: 0 Mr. Riley explained the proposed filling, asking for approval of a conditional use permit to place 8,000 to 10,000 yards of fill on the site to provide berming as a buffer between the site and the freeway. He stated that if the conditional use permit is approve the fill area will be seeded and all proper erosion control measures will be taken. Mayor Lockwood pointed out that the Council is concerned that the property could become an "eyesore" between the time of filling and the time of development, and stressed the point that seeding would be a very important condition of the permit. Public Works Director Danielson stated that the plan reviewed for the Council by Mr. Riley had not yet been submitted to staff, and recommended approval of the conditional use permit subject to execution of a developers agreement to be prepared by staff. Mayor Lockwood asked for questions and comments from the audience. There being no further questions or comments, Councilman Mertensotto moved that the hearing be closed at 7:12P.M. Councilman Losleben seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 83-53, "RESOLUTION APPROVING CONDITIONAL USE PERMIT," subject to execution of a developer's agreement providing conditions on protection of on-site utilities, seeding and erosion control. Councilman Hartmann seconded the motion. The Council acknowledged and discussed an application from Mr. Paul Bollmeier, 1395 Dodd Road, for a variance to allow construction of a screen porch addition to his home. Mayor Lockwood moved approval of a 16.3 foot variance to allow construction of a 12 by 14 foot screen porch addition at 1695 Dodd Road 13.7 feet from the rear property line. Councilwoman Witt seconded the motion. CASE NO. 83-20, CROSSLEY Ayes :5 Nays :0 Page No. 1836 June 7, 1983 Mrs. Kent Crossley was present to request approval of an application for variance to allow construction of an attached garage, to replace an existing carport, at 1245 Delaware Avenue. The Council informed Mrs. Crossley that the City has no jurisdiction over private deed restrictions and that she should make sure there are no such restrictions on her property before the structure is constructed. After discussion, Councilman Losleben moved approval of a 5 foot 4 inch sideyard setback variance and a 6.3 foot variance from the established front yard setback at 1245 Delaware Avenue to allow construction of a 22 by 26 foot attached garage. Councilman Mertensotto seconded the motion. CASE NO. CAO 83-02, Mrs. Gerald Shaughnessy was present to request approval of a 22 foot SHAUGHNESSY variance from the required 40 foot setback from the 40% critical area slope to allow construction of a home on Lot 12, Block 1, Valley View Oak Addition. After discussion, Councilman Losleben moved approval of the critical area site plan and 22 foot setback variance for Lot 12, Block 1, Valley View Oak Addition conditioned upon receipt of an erosion control plan to be approved by staff before building permit issuance. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 VOLUNTEER Mayor Lockwood moved approval of the appointment of Patrick Knight FIREMAN to the Volunteer Fire Department. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 BID AWARDS The Council acknowledged the tabulations of bids received for the I-35E watermain crossings at Wagon Wheel Trail and Mendota Heights Road. Ayes: 5 Nays: 0 Ayes :5 Nays :0 Councilman Losleben moved the adoption of Resolution No. 83-54, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF WATERMAIN EXTENSION CROSSING F.A.I. 35E AT WAGON WHEEL TRAIL (IMPROVEMENT NO. 81, PROJECT NO. 2)," awarding the contract to F.F. Jedlicki, Inc. for their low bid of $38,060.00. Councilwoman Witt seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 83-55, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF WATERMAIN EXTENSION CROSSING F A.I. 35E AT MENDOTA HEIGHTS ROAD (IMPROVMENT NO. 81, PROJECT NO. 3)," awarding the contract to F.F. Jedlicki, Inc. for their low bid of $83,676.00. Councilman Hartmann seconded the motion. SEAL COATING Ayes: 5 Nays: 0 KRAJNIAK STORM SEWER EASEMENT Ayes: 4 Nays: 1 Witt FIREMEN'S RELIEF ASSOCIATION FINAL PLAT Ayes: 5 Nays: 0 PERSONNEL Ayes: 5 Nays: 0 SEWER JET Ayes: 5 Nays: 0 Page 1837 June 7, 1983 Mayor Lockwood moved that the City Engineer be authorized to advertise for bids for the 1983 Seal Coating project, the bids to be accepted at 10:00 A.M. on June 28th. Councilman Losleben seconded the motion. City Attorney Winthrop advised the Council that the Krajniak easement matter had not yet been resolved because of a personal legal matter between the Krajniaks. He recommended that discussion on the matter be tabled for 30 days. After discussion, Councilman Mertensotto moved that the Krajniak easement matter be continued to July 5th for final resolution. Councilman Losleben seconded the motion. The Council acknowledged a letter of intent regarding changes in retirement benefits for the volunteer firemen's relief association. City Attorney Winthrop and Financial Advisor Shaughnessy reviewed the proposed defined contribution plan and advised the Council that there is some question over whether implementation of the proposed plan might impact state aids. Attorney Winthrop recommended that a decision on the matter be deferred until a decision on the matter has been made by the State. Councilman Mertensotto suggested that perhaps the City should have the Dakota County District Court approve the plan. On the recommendation of the Public Works Director, Councilman Losleben moved the adoption of Resolution No. 83-56, "RESOLUTION APPROVING FINAL PLAT FOR SMOLIK ADDITION." Councilman Hartmann seconded the motion. On the recommendation of the Public Works Director, Councilman Hartmann moved that Terry Blum be appointed to the Park Leadman position, effective June 1, 1983. Mayor Lockwood seconded the motion. The Council acknowledged and discussed a memo from the Public Works Supervisor recommending the acquisition of a 1972 Dodge 600 flexible rodder sewer jet, currently owned by the City of Hopkins . but being traded in on a new unit. Councilman Mertensotto moved to authorize acquisition of the 1972 Dodge sewer jet as proposed, from the City of Hopkins through the agency taking the unit in for trade, for a maximum purchase price of $10,000. Councilwoman Witt seconded the motion. PERSONNEL Ayes: 5 Nays: 0 UNAUTHORIZED LOT DIVISIONS Ayes :5 Nays :0 DOWNTOWN MENDOTA HEIGHTS STUDY Page 1838 June 7, 1983 Councilman Mertensotto moved that the City Clerk be authorized to take a one month leave of absence, in accordance with the provisions of the Personnel Resolution, dates uncertain. Councilman Losleben seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 83-57, "RESOLUTION INVOKING PROVISIONS OF MINNESOTA STATUTES, 1982, SECTION 272.162." Councilman Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a discussion on the "Downtown Mendota Heights Study" being prepared by the City Planner. Mayor Lockwood stated that the "hearing" is not a hearing as such for legal purposes but an opportunity for interested property owners to hear the City Planner's presentation. He informed the audience that the study was commissioned as the result of discussions over siting of the proposed fire station, traffic hazards at the intersection of T.H. 149/110 and the need for an elderly housing facility. Planner Dahlgren was commissioned to formulate potential plans for the location of a fire station, housing facility and resolution of problems at the highway inter- section without building a freeway. Administrator Johnson stated that over 150 notices of the information al hearing were mailed to people whose property abut the existing T.H. 149 right-of-way and existing 149 to Wagon Wheel Trail, to members of the Planning and Park Commissions and the Volunteer Fire Department. Mayor Lockwood turned the meeting over to City Planner Dahlgren. He informed the audience that Mr. Dick Elasky, from Mn/DOT was also present to answer questions on behalf of Mn/DOT. Mr. Dahlgren reviewed basic drawings, including air photos of both the existing T.H. 149 and the undeveloped T.H. 149 right- of-way which was acquired by Mn/DOT in the early 1950's. He then presented and reviewed a series of slides and other graphics relating to potential methods of relieving the traffic problems at the highway intersection, including the possible construction of a roadway along the unused right-of-way with a bridge over T.H. 110, and other alternatives which included bridging over T.H. 110 east of the shopping center. Mr. Elasky responded to questions on traffic, particularly truck traffic on T.H. 110. Mr. Elasky stated that the real issue is the question of how safe and efficient transportation services can be provided. He stated that the issue will remain the same, whether it is resolved now or in the future, and that cooperation with the City in the resolution of the problem is the goal of Mn/DOT. Planning Commission Chairman Kruse asked for information on current traffic counts and a projection for 10 years from now. Page 183_9 June 7, 1983 Mrs. Ruth Hipp asked whether completion of I-35E will reduce traffic on T.H. 149. She also asked for a cost estimate for construction of a roadway on the right-of-way and a bridge. Mayor Lockwood pointed out that even without Mn/DOT participation in financing, the City is considering putting in a City-type street with an overpass over T.H. 110 because of the safety problems. He stated that with the gas tax increase perhaps Mn/DOT prioritie8 on the intersection may be upgraded. Mr. John Maczko asked whether it would be less expensive to upgrade the existing intersection. Mr. Bernard Friel stated that he believes the crossing of T.H.110 with an overpass is laudible and should be done, but suggested that a fourth option would be the crossing over T.H. 110 at the existing alignment. Mr. Fred Lambrecht presented a petition signed by several property owners against construction along with right-of-way. He stated that environmental matters had not been addressed, read the petition for the Council and audience, and suggested that some alternative method be used rather than construction on the unused right-of-way. Mr. Brian Birch presented and reviewed a proposed plan for a bridge over T.H. 110 at the existing T.H. 149 alignment. In response to a question on costs and financing, Mr. Elasky explained that if Federal Aid Urban monies are available, the costs would be apportioned at 75% federal and 25% state participation He stated that the project could conceivably cost between $2 million and $5 million. Mr. Jim Malkowsky, representing the Dodge Nature Center, stated that the Nature Center is concerned with the natural resources in the unused right-of-way area. The Council acknowledged receipt of a letter from Dr. Tom Koepke, a letter from Ms. Carolyn Peabody, and a memo from Chief Noack regarding the study. RECESS Mayor Lockwood called for a recess at 10:15 P.M. The meeting was reconvened at 10:34 P.M. VICTORIA PLACE CONDOMINIUMS Mr. Tony Danna and Mr. Art Baumeister were present to request the Council to authorize the appropriate City officials to execute an agreement to allow the connection of a parcel of property located in Lilydale to the Mendota Heights water and sewer systems. Mr. Danna stated that the conditions of the agreement are the same conditions for development of the Victoria Place Condominium project as were contained in the Council's resolution adopted some time ago. Administrator Johnson stated that the developers have conformed to the eight story maximum and .to the reduction in height of 18 feet from the origianl proposal. Councilman Mertensotto expressed concern over the lack of sunset provision for commencement of the project and the fact that there is no provision to restrict the assignment of rights. n Ayes: 5 Nays: 0 FIRE STATION MISCELLANEOUS ADJOURN Ayes: 5 Nays : 0 Page No. 1840 June 7, 1983 City Attorney Winthrop stated that as a practical matter, any assignment of rights under the agreement would have to come before the Council for approval. After discussion, Councilman Mertensotto moved approval of the agreement, conditioned upon an addendum to stipulate that if the project has not been physically commenced by June 1, 1986, the agreement will automatically terminate. Councilman Losleben seconded the motion. Assistant Fire Chief Lange and several members of the Volunteer Fire Department were present to request Council action on the siting and construction of a new fire station. After discussion, the Council directed that the Administrator meet with thenty Planner and return in two weeks with a report on how to proceed with acquisition of a site. The Council briefly discussed the question ofwhether ordinance provisions relating to antenna towers should be drafted. There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned to 8:30 A.M. on Tuesday, June 14th. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:42 o'clock P.M. '727. thleen M. Swanson City Clerk ATTEST: jJ Robert G. Lockwood Mayor