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1983-09-06 Council minutesPage No. 1875 September 6, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 6, 1983 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 the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:37 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Losleben, Mertensotto and Witt. APPROVAL OF MINUTES Ayes: 5 Nays : 0 Ayes: 5 Nays : 0 Councilman Hartmann moved approval of the August 2nd min Les. Mayor Lockwood seconded the motion. Councilman Losleben moved approval of the August 16th minutes. Councilwoman Witt seconded the motion. CONSENT CALENDAR Councilman Losleben 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 Fire Department monthly report for July. 2. Acknowledgement of the Planning Commission minutes from August 23rd, the NDC-4 minutes of August 3rd and 17th, and the Agenda for September 7th. 3. Acknowledgement of a notice from Dakota County Social Services regarding a Day Care license. 4. Acknowledgement of the Code Enforcement monthly report for August. 5. Acknowledgement of the Park and Recreation Commission minutes from August 9th. 6. Approval of the List of Claims dated September 6, 1983, and totalling $83,942.70. 7. Approval of the List of Licenses, granting licenses to: A. A. Anchor Construction Co. General Contractor Aquarius Heating & Plumbing Excavating Danner Landscaping Excavating Ayes : 5 Nays: 0 HEARING, FEDERAL REVENUE SHARING Ayes: 5 Nays: 0 ASSESSMENT HEARING, MAC PUBLIC IMPROVEMENTS (TMP. NO. 82, PROJ. 2) Page No. 1876 September 6, 1983 Eagle Automatic Fire Protecting Johnson Engineering & Construction Krumwiede Construction Inc. Kurth Construction, Inc. Maplewood Sewer & Water, Inc. Pacific Pool & Patio P.M. Gagnon, Inc. Sherman Energy Contracting, Inc. The Quimby Company Ryan Company, Inc. Skoog Custom Homes Target Distribution Center (Twin City Vending Co., Inc.) S.O.S. Convenient Mart Councilman Hartmann seconded the motion. General Contractor General Contractor Masonry General Contractor Excavating General Contractor General Contractor General Contractor Roofing General Contractor General Contractor Cigarette License Cigarette License Mayor Lockwood opened the meeting for the purpose of a public hearing on the Proposed Use of 1983/84 Federal Revenue allocations. Administrator Johnson advised the Council that a notice of the public hearing to consider the use of Federal Revenue allocations had been published in the City's legal newspaper. He stated that the City expects to receive $30,020 and anticipates application of the funds to the deficit in the funding of the Public Works Garage construction. The balance of the deficit would either be totally paid off or possibly have an outstanding balance due of about $1,000. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Councilman Losleben moved that the hearing be closed at 7:46 o'clock P.M. and that the anticipated 1983/84 Federal Revenue sharing allocation be applied against the Public Works Garage construction fund deficit. Councilman Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on a proposed assessment roll for the Metropolitan Airports Commission (MAC) public improvements (City Improvement No. 82-2), including sanitary sewer, storm sewer, streets and watermain. Public Works Director Danielson advised the Council that official notices of the hearing had been mailed to all of the affected property owners. He stated that a large amount of the costs for the sanitary sewer and watermain construction were costs for crossing the undeveloped MAC property, therefore the unit prices for the proposed assessment roll for these items were calculated using a City average from recent past projects. Ayes: 5 Nays : 0 Ayes : 5 Nays : 0 Ayes: 5 Nays: 0 Page No. 1877 September 6, 1983 It was noted that two of the properties were recommended for defer- ment. The John McNeill parcel No. 27-03300-050-03, which now has a small frontage on Perron Road, will be greatly affected by the pro- posed new TH 13 construction. The property is presently being used as residential and has functional on-site systems. It was felt that an assessment should be deferred until such time as when either the property develops as Industrial or when connections are made to the system. It was then noted that MAC has one large piece of property with three separate parcel numbers. They are: 27-29000=122-06; 27-03300-040-01; and 27-03300-010-02. City staff and Council are working with MAC to redevelop this property and the assessments against those parcels should be deferred until such time as develop- ment takes place. Amounts and methods of payment will be a point of negotiation with the future developer. Financial Advisor Shaughnessy then advised that the entire project will be funded through the Tax Increment Financing District and that the receipts from the assessments will be used to reduce that debt. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Councilman Losleben moved that the public hearing be closed at 7:55 P.M. Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 83-71,"RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER, WATERMAINS, STORM SEWER AND STREETS TO SERVE THE METROPOLITAN AIRPORTS COMMISSION PROPERTY AND ADJACENT AREA (IMPROVEMENT NO. 82, PROJECT NO. 2)". Councilwoman Witt seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 83-71A, "RESOLUTED DEFERRING PAYMENT OF ASSESSMENTS AS TO MCNEILL AND METROPOLITAN AIR- PORTS COMMISSION PROPERTY (IMPROVEMENT NO. 82, PROJECT NO. 2)". Councilwoman Witt seconded the motion. TENNIS TOURNAMENT The Council acknowledged a letter from Mike Williams from the Park and Recreation Commission, wherein Mr. Williams reported on the results of the tennis tournament held in early August. The Council was supportive of this tournament for next year. TH 13 CONSTRUCTION The Council acknowledged a letter and proposed resolution from Mn/DOT regarding plans and specifications for improvements on TH 13. City Engineer Kishel noted that he was satisfied with the plans as presented by Mn/DOT. Councilman Losleben moved the adoption of Resolution No. 83-72, "RESOLUTION APPROVING THE CONSTRUCTION PLANS AND SPECIAL PROVISIONS ON T.H. 13, FROM I-35E TO 544' S.W. OF BRIDGE NO. 19077, GRADING, BITUMINOUS SURFACING, BITUMINOUS SHOULDERS AND BRIDGE NO. 19076. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Page No. 1878 September 6, 1983 HEARING, TARGET, Mayor Lockwood opened the meeting for the purpose of a public CONDITIONAL hearing on an application from Target Stores, for a conditional USE PERMIT use permit to install an eight foot fence around the parking lot at 2360 Pilot Knob Road. Ayes: 5 Nays: 0 CASE NO. 83-31, MENDES, VARIANCE Mr. John Duffy, from R.L. Johnson Construction Company, was present to explain his request. He advised the Council that Target was leasing 275,000 square feet of Johnson's warehouse and that they had an option for the remaining 125,000 square feet. Essentially, Target will rent the whole building. Mr. Duffy noted that the request for the 8 foot chain link fence was to provide security for the warehouse. He also noted that Target wished to construct a small accessory building to be used as a guard house. The guard house will be 6% feet by 8 feet and will be painted to match the warehouse building. Councilman Losleben noted the poor quality of the guard house and expressed reservations about allowing the installation of the house as proposed. He suggested dressing up the guard house so that itwould be architectually, as well as aesthetically pleasing. Further discussion ensued over the fact that no outdoor storage is to be allowed under a conditional use permit. After further discussion, Mayor Lockwood moved the adoption of Resolution No. 83-73, "RESOLUTION GRANTING CONDITIONAL USE PERMIT" FOR FENCE AND A.CCESSORYHTRUCTURE", conditioned on 1. The provision of a more architecturally and aesthetically pleasing guard house; 2. That there be no outdoor storage and no use of truck trailers to be parked deliberately in the parking lot, rather than being unloaded, to augment storage in the warehouse. Councilman Hartmann seconded the motion. It was pointed out that the Conditional Use Permit should be granted to R.L. Johnson, the owner of the building and that the owner of the fence and guard house is Target Stores. Mr. Charles Mendes was present to request a five foot rear yard variance to allow construction of a single family home 25 feet from Knollwood Lane. The lot is Lot 15, Block 1, Ivy Falls West 2nd Addition, or 745 Knollwood Court. Since the lot is a corner lot, technically his side yard functions as a rear yard on the east end of the house, and encroaches on the minimum 30 foot rearyard setback by five feet. Mr. Mendes advised the Council that he had written approval from two of his neighbors for his proposed plans. The owner of Lot 16, Block 1, did not give his written approval. Planning Commission member Joseph Stefani, who was present in the audience, advised the Council of Planning Commission action Ayes: 5 Nays: 0 COMMUNICATIONS EAGAN HORSE RACING TRACK FACILITY CRITICAL AREA SITE PLAN APPROVAL Ayes: 5 Nays : 0 CANOPY PERMIT FOR 1960 DODD ROAD (GETTY OIL) Ayes: 4 Nays: 1, Losleben. Page No. 1879 September 6, 1983 taken earlier in the evening at the Special Planning Commission meeting held to consider the proposed variance. He noted that the Commission had voted unanimously to recommend approval of the requested variance. After further discussion, Mayor Lockwood moved approval of the requested five foot variance to allow construction of a single family home 25 feet from Knollwood Lane. Councilman Losleben seconded the motion. The Council acknowledged a memo from Dakota County CETA regarding possible implementation of a new Minnesota Emergency Employment Development (MEED) program. Several Councilmembers expressed a possible need for this type of program, particularly in the Police Department or Public Works. It was noted that if there was a need, the City should be willing to participate in the pro- gram, but not if it was just to make work. After further discussion, the Council directed the City Admin- istrator to come back with a recommendation after speaking to department heads about whether a need existed for this type of program. The Council acknowledged and briefly discussed several memos from Eagan regarding the proposed horse racing track facility. Mr. Frank Nemeth, owner and architect for a proposed home for. Lot 1, Block 1, Oak Point, was present to seek Council approval of his site plan which falls within the Critical Area Corridor. He noted that the property, known as 1907 Hunter Lane, is within the Critical Area and does comply with all criteria. He noted that he does not need any variances and that no major tree removal will be done. Mr. Nemeth presented the Council of photos of his lot, taken from various angles. After a brief discussion, Councilman Losleben moved to grant approval of the Critical Area site plan for Lot 1, Block 1, Oak Point. Councilwoman Witt seconded the motion. Mr. William Ritchie, contractor for Getty Oil, was present to request a building permit to install a 19 foot high canopy for the Getty Oil Station located at 1960 Dodd Road. All zoning ordinance requirements were met on his site plan and after some discussion, Mayor Lockwood moved to grant approval for a building permit to allow installation of a 24 foot by 48 foot by 19 foot high canopy for 1960 Dodd Road. Councilman Hartmann seconded the motion. MISCELLANEOUS Page No. 1880 September 6, 1983 Mr. Ralph Linvill and Mr. Boyd Stofer were present to request the City Council to consider amending Section 4.17(1) of the Zoning Ordinance. Mr. Linvill noted that by seeking Council approval for interior partitioning in the Business and/or Industrial district, many unnecessary time delays take place. He suggested that the building permits could be issued directly by the Code Enforcement Officer. Councilman Loslehen suggested that Mr. Linvill and Mr. Stofer be exempted from this requirement, but Mr. Stofer preferred to see the Ordinance amended. After further discussion, staff was directed to consider the matter and to bring a proposed amendment to the Council for review and approval. In the meantime, there will be no need for Mr. Linvill or Mr. Stofer to return to the Council for building permits for interior remodeling as the Council will ratify the permit after the fact, until the proposed amendment is completed and adopted. FIRE STATION Fire Chief Noack and several other members of the Fire Department DISCUSSION were present for discussion on the status of the proposed fire station site on TH 149. City Administrator Johnson noted the appraisals on the Herb Warnke property and noted that Mr. Warnke's property is not large enough by itself for a fire station. Chief Noack stated that Mr. Warnke does not want to move and recommended that the City not condemn his property. City Attorney Winthrop commented that a fire station is not the most amenable use for residential land. After further discussion, the Council directed City Administrator Johnson and Fire Chief Noack to meet with Mr. Warnke, advising him that the City has more information than it had two weeks ago. RECESS The City Council recessed at 10:38 P.M. The meeting was reconvened at 10:49 P.M. WATER MANAGEMENT The Council discussed a proposed resolution regarding intentions ORGANIZATION to negotiate a Joint Powers Watershed Management Organization. Councilman Mertensotto noted that he and several others had attended a meeting on this topic on September 1st and he felt that all eight municipalities involved in the watershed matter should adopt a Joint Powers Water Management Agreement, rather than a state sponsored Watershed District. After a brief discussion, Councilman Mertensotto moved the adoption of Resolution No. 83-74, "RESOLUTION EXPRESSING INTENT TO NEGOTIATE JOINT POWERS WATERSHED MANAGEMENT ORGANIZATION IN RESPONSE TO MINNESOTA STATE STATUTE, CHAPTER 509, 1982 SURFACE WATER MANAGEMENT LAW". Councilman Hartmann seconded the motion. Ayes : 5 Nays : 0 MISCELLANEOUS Page No. 1881 September 6, 1983 The City Administrator was directed to send a memo, along with a copy of the adopted resolution to the seven other cities involved. Councilman Hartmann expressed his thoughts on the Divine Redeemer Ambulance subsidy, and suggested that the city put out requests for quotes from other sources for this service. Councilman M.ertensotto asked what would happen if Mendota Heights ceases paying the subsidy. City Administrator Johnson suggested hearing from Curt Wassberg, Divine Redeemer Administrator, on available options. STREET MAINTENANCE The Council acknowledged a memo from the Public Works Director and MAN Public Works Supervisor, wherein they recommended the appointment of Michael Maczko, 907 Cheri Lane, to the vacancy in the Street Department. Public Works Director Danielson noted that Mr. Maczko had worked for the department previously and also that he was a member of the Volunteer Fire Department. After a brief discussion, Councilman Losleben moved to appoint Michael Maczko as a. street maintenance man in the Public Works Department, effective September 12, 1983. Councilwoman Witt seconded the motion. Ayes : 5 Nays : 0 MWCC TRUNK SEWER The Council acknowledged a memo and proposed resolution from SERVING CITY OF Public Works Director Danielson regarding a new trunk sewer MENDOTA line to the City of Mendota, provided by Metropolitan Waste Control Commission. The sewer line will extend from Mendota Heights' trunk sewer at Lexington Avenue and TH 13. Public Works Director Danielson noted that there are five residences in Mendota Heights that will now have sewer available and the cost for the service will be $400±. He recommended that this service cost together with a calculated amount for frontage should be assessed to those benefitted homeowners. Ayes: 5 Nays: 0 MISCELLANEOUS After further discussion, Councilman Losleben moved the adoption of Resolution No. 83-75, "RESOLUTION ADOPTING AND CONFIRMING ASSESS- MENTS FOR METROPOLITAN WASTE CONTROL COMMISSION TRUNK SEWER IMPROVE- MENT (IMPROVEMENT NO. 83, PROJECT NO. 8)". Councilman Hartmann seconded the motion. Public Works Director Danielson advised the Council of a request from Mr. Jeff Closmore, regarding additional plantings along the Wentworth Park path. He noted that he recommends not planting anymore in the area, due to maintenance and financial problems. After further discussion, the Council concurred with his recom- mendation and directed Public Works Director Danielson to notify Mr. Closmore that no additional plantings are to be placed adjacent to the Wentworth Park path. PERSONNEL Page No. 1882 September 6, 1983 The City Council acknowledged receipt of a memo from City Clerk Swanson relative to a one-month leave of absence, beginning September 7th, with an anticipated return date of October 3rd. IVY FALLS ADDITION City Engineer Kishel advised the Council that Ms. Freischel's ASSESSMENT ROLL property, Lot 8, Block 5, Ivy Falls Addition had not had curb CHANGES and gutter installed, therefore this portion of the assessment would be eliminated from the assessment roll. He also advised that seven additional residences received curb and gutter improvements and therefore a supplemental assessment roll_should be prepared, to include these seven additions. After further discussion, Mayor Lockwood moved the adoption of Resolution No. 83-76, "RESOLUTION CORRECTING ASSESSMENT ROLL FOR IVY FALLS ADDITION STREET AND CURB AND GUTTER IMPROVEMENTS (IMPROVEMENT 79, PROJECT 12)", deleting the curb and gutter installation for Parcel No. 27-36000-080-05, Lot 8, Block 5, Ivy Falls Addition. Councilman Mertensotto seconded the motion. Ayes : 5 Nays : 0 Councilman Losleben moved the adoption of Resolution No. 83-77, "RESOLUTION ADOPTING AND CONFIRMING SUPPLEMENTAL ASSESSMENT ROLL FOR IVY FALLS ADDITION STREET AND CURB AND GUTTER IMPROVEMENTS (IMPROVEMENT NO. 79, PROJECT NO. 12)", adding curb and gutter installations for seven additional residences. Councilwoman Witt seconded the motion. Ayes: 5 Nays : 0 FBI NATIONAL Administrator Johnson distributed a Handout memo from Police Chief ACADEMY Delmont, requesting permission to attend the FBI National Academy in Virginia from January 4th to March 23, 1984. After discussion, Councilman Losleben moved approval of the request, plus a $500 expenditure for air fare for one trip home during the 11 week session, per Chief Delmontt memo dated July 8, 1983. Councilman Hartmann seconded the motion. Ayes : 5 Nays : 0 SALARIES The City Council acknowledged receipt of a memo accompanying job descriptions that were prepared by department heads for non-union employees. City Administrator Johnson advised the Council that within the next two weeks or a month at the most, he would have more information and a recommendation for them. CITY ADMINISTRATOR The Council acknowledged receipt of several proposed questions to INTERVIEWS be asked by them during the upcoming interviews scheduled for September 12 and.13th. The general format of the evenings was discussed and several Council members expressed interest in asking questions they felt would help in determing who would be chosen as the new City Administrator. ADJOURN Ayes: 5 Nays: 0 Page No. 1883 September 6, 4983 There being no further business to come before the City Council, Councilman Losleben moved that the meeting be adjourned to September 12, 1983, at 7:30 o'clock P.M. in the Engineering Conference Room. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 12:06 o'clock A.M. Mary/Ann DeLaRosa Deputy Clerk ATTEST: ofcrek4m-0-1_ Robert G. Lockwood Mayor