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1983-04-05 Council minutesPage No. 1803 April 5, 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 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 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Council Members Hartmann, Mertensotto and Witt. Councilman Losleben had notified the Council that he would be late. APPROVAL OF Councilman Hartmann moved approval of the Minutes of the March 15th MINUTES meeting. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 CONSENT Councilwoman Witt moved approval of the Consent Calendar as CALENDAR submittedand recommended for approval as part of the regular agenda, along with authorization for the execution of all necessary documents contained therein. 1. Acknowledgement of the Code Enforcement monthly report for March. 2. Acknowledgement of the minutes of the March 22nd Park and Recreation Commission meeting and the minutes of the March 22nd Planning Commission meeting. 3. Acknowledgement of the minutes of the March 16th NDC-4 meeting along with copies of letters from NDC-4 to the National League of Cities and various legislators. 4. Approval of the List of Claims dated April 5, 1983 and totalling $141,047.30. 5. Acknowledgement of a memo from Councilwoman Witt, acting as League of Minnesota Cities Legislative Coordinator, regarding current and pending legislative issues. 6. Acknowledgement of a $6,257.00 refund from the League of Minnesota Cities Insurance Trust Worker's Compensation Account, representing a dividend for 1982. 7. Acknowledgement of letters from Rep. Steve Loeding and Mn/DOT relative to the Mendota Interchange. 8. Acknowledgement of a memo from the City Clerk and authorization to expend $4,240 from the Industrial Revenue Fund for the installation of Opticom at the intersection of T.H. 55 and Mendota Heights Road. 9. Approval of the issuance of 3.2 Non-Intoxicating Malt Beverage licenses to Country Club Market, Inc. and Tom Thumb No. 563 and the issuance of an on-sale 3.2 Non-Intoxicating Malt Beverage License to Par 3 Golf, Inc. Ayes: 4 Nays: 0 BID AWARD, MAC PROJECT Ayes: 4 Nays: 0 HEARING, LINVILL ASSOCIATES INDUS- TRIAL DEVELOPMENT PROJECT Ayes: 4 Nays: 0 Page No. 1804 April 5, 1983 10. Approval of the list of contractor's licenses, granting licenses to: Corrigere Construction Co. Northwest Service Station Equipment James Peters Excavating Scherff, Inc. Cal-Mech Master Heating & Cooling Blix Construction Co. Crist Construction, Inc. Dennis Greger Construction Quality Exteriors, Inc. A-ABC Appliance & Heating Co. Master Heating & Cooling Councilman Hartmann seconded the motion. Concrete Contractor Excavating License Excavating License Excavating License Gas Piping License Gas Piping License Gas Piping License General Contractor General Contractor General Contractor Heating & Air Condt. Heating & Air Condt. The Council reviewed a memo from the City Engineer and tabulation of bids received for construction of public improvements to serve the MAC property and adjacent areas. Engineer Kishel recommended that the bid be awarded to the low bidder, Orfei and Sons, Inc., for their low bid of $259,078.06. Councilman Mertensotto moved the adoption of Resolution No. 83-28, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STREET AND STORM SEWER IMPROVEMENTS TO SERVE THE METROPOLITAN AIRPORTS COMMISSION PROPERTY AND ADJACENT AREAS (IMPROVEMENT NO. 82, PROJECT NO. 2)", awarding the bid to Orfei and Sons, Inc. Councilwoman Witt seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearinE on a proposal by Linvill Associates for a $2.75 million commercial facilities development project. It was noted that the Council had conducted a hearing and given preliminary approval to the project on January 18th: insufficient legal publication for that hearing required that the matter be reheard. Financial Advisor Shaughnessy stated that there have been no changes in the proposal by Linvill Associates since the original hearing and recommended that the Council confirm its action of January 18th. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Mertensotto moved that the hearing be closed at 7:45 o'clock P.M. Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 83-29, "RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT Ayes: 4 Nays: 0 HEARING, MENDOTA HEIGHTS ASSOCIATES, INDUSTRIAL DEVELOP- MENT PROJECT Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Page No. 1805 Aprii5, 1983 AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT". Councilwoman Witt seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on a proposal from MH Associates (Northland Company) for a $5 million Commercial Facilities Development Project. Financial Advisor Shaughnessy stated that although preliminary approval had been given by the Council on March 1st, insufficient publication required re-hearing on the proposal. Mr. Shaughnessy stated that the preliminary resolution has been slightly changed by the applicants in that the first phase of the proposed project will be carried out by the Northland Company and the final two phases will be carried out by either Northland Company or MH Associates. Mr. Boyd Stofer, from the Northland Company, stated that all of the project details remain as proposed in March. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Mertensotto moved that the hearing be closed at 7:52 P.M. Mayor Lockwood seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 83-30, "RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOP- MENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND RETIFYING PRIOR PRELIMINARY APPROVAL, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF THE DEPARTMENT OF ENERGY, PLANNING AND DEVELOPMENT OF THE STATE OF MINNESOTA, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT". Councilman Mertensotto seconded the motiOn. CASE #83-14, FRENZ, Mr. Mark Frenz was present to request approval of a wetlands permit WETLANDS PERMIT to allow construction of a new home on Lot 11, Block 3, Rolling Green Addition. Mr. Frenz reviewed the elevation and contours of the lot and described the proposed structure for the Council. He acknowledged that he is aware of the covenants and restrictions of the plat and is abiding by them in his plan. He stated that the structure is approximately 20 feet in height from slab to the top of the structure and that it will be an all brick, two- story home, with a flat roof. He responded to questions from the Council on the flat roof concept and stated that he has received letters of approval from the adjoining property owners. In response to Council questions on erosion control during grading, Mr. Frenz responded that the grading near the pond will be done Page No. 1806 April 5, 1983 after construction to reduce potential erosion and that proper erosion control will be maintained. Councilman Losleben arrived at 8:05 P.M. Councilman Hartmann moved approval of the issuance of a wetlands permit for construction of a new home on Lot 11, Block 3, Rolling Green Addition, granting a 46 foot, 10 inch variance from the wetlands setback requirement to allow construction of the home 53 feet, 2 inches from the wetlands area. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Losleben HEARING, CASE 83-08, Mayor Lockwood opened the meeting for the purpose of a public VAN, CUP FOR FILL hearing on an application for a conditional use permit to allow the placement of fill in excess of 400 cubic yards on Lot 3, Block 1, SunView Hills Addition. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mr. Ted Van was present to answer questions on behalf of his son, Scott, who was unable to be present. Public Works Director Danielson reviewed the application for the Council. He explained that because a drainage course and drainage easement run through the center of the property, the only possible building site on the property is at the easterly side of the 328 foot deep lot. He pointed out that in order to provide a workable driveway, Mr. Van must place fill along the westerly portion of the lot and provide a driveway "landing" area near Hunter Lane. He stated that the applicant has constructed a poorly designed retaining wall along the north- westerly property line and has agreed to reconstruct the wall to make it more desireable. He pointed out that the applicant has submitted a corrected contour plan and recommended approval of the conditional use permit based on the conditions recommended by the Planning Commission. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilwoman Witt moved that the hearing be closed at 8:17 P.M. Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 83-31, "RESOL- UTION APPROVING VAN CONDITIONAL USE PERMIT", conditioned on construction of a re-designed retaining wall, a culvert under the blacktopped driveway and a proper drainage plan, all plans being subject to review and approval by staff. Councilwoman Witt seconded the motion. CASE #83-11, UNITED PROPERTIES, VARIANCE Ayes: 5 Nays: 0 MISCELLANEOUS Page No. 1807 April 5, 1983 Mr. Boyd Stofer, of United Properties, was present to request approval of a lot variance to allow consideration of a con- ditional use permit for a Planned Unit Development on less than 10 acres of industrially zoned land. Mr. Stofer stated that the proposed site, bounded by Mendota Heights Road, Pilot Knob Road and Northland Drive, consists of four lots totalling 8.25 acres in size. After discussion, Councilman Mertensotto moved approval of a variance from the 10 acre PUD property area requirement. Councilman Hartmann seconded the motion. Mayor Lockwood informed the Council that Representative Seaberg called to cancel his scheduled appearance because of a scheduling conflict. MISCELLANEOUS Mr. George McNeill, 1472 Sibley Memorial Highway, was present in response to a letter from the City relating to retail sales of slab wood at his site on TH 13. Mr. McNeill explained his sales operation to the Council and stated that the matter had been referred to his attorney. After considerable discussion, the Council directed the City Attorney to contact Mr. McNeill's legal representative and report to the Council on April 19th. Staff was directed to research and report on a possible refuse hauling business operating from an adjoining site. VISITATION BUILDING The Council acknowledged a memo from the Code Enforcement Officer PERMIT and a letter from McGough Construction Company requesting approval of the issuance of a building permit for construction of an auditorium addition on the Visitation School property. Ayes: 5 Nays: 0 HEARING, UNITED PROPERTIES, CON- DITIONAL USE PERMIT Mayor Lockwood moved approval of the building permit as requested. Councilman Losleben seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from United Properties to construct a Planned Unit Development office/warehouse project. Mr. Boyd Stofer, representing United Properties, stated that his firm proposes to construct a two structure office/warehouse project on Lots 1, 2, 7 and 8, Block 3, Mendota Heights Industrial Park. Mr. Stofer stated that the site is located on the northeast corner of Pilot Knob Road and Northland Drive. Mr. Stofer stated that the first phase of the project would be construction of a T-shaped 50,000 square foot officeiserviCe structure. The second phase would be either construction of an addition to the first structure, or the addition and construction of a second structure if the total project is completed in two phases. If the project is completed in three phases, the third phase would be the construction of the second structure. Phases 2 and 3 would total 50,000 square feet of building area. Mr. Page No. 1808 April 5, 1983 Stofer stated that the structures will be brick with a metal band to break up the building elevations and provide an area for signage. He stated that in applying for the conditional use permit for a planned unit development, United Properties is also requesting approval to deviate from normal setback requirements based on the PUD approach of common lot lines along with approval of nine foot wide parking spaces and approval of the installation of a 16 to 17 foot tall business park identification monument within the required front yard. He stated that it is proposed that the monument be installed 20 feet from the property lines at the intersection of Pilot Knob Road and Mendota Heights Road. Councilman Mertensotto expressed concern over the potential sight distance problems at the intersection if the monument is constructed at the proposed location. He pointed out that this is a major intersection. He stated that because there would be the possibility that sight lines could be closed if the monument were constructed, he could not vote in favor of its approval. Mr. Stofer stated that his firm feels that the industrial park needs the identity which they believe the monument would provide. He noted that the monument will sit within 11/2 acres of green area, 25 feet from the nearest structure. He stated that because of the large open area around the monument, he doesn't believe there will be any sight distance problem. He also stated that his firm would also like to install a similar monument near 1-494 at TH55 some time in the future. Mayor Lockwood asked for questions and comments,from the audience. There being no questions or comments, Mayor Lockwood moved that the hearing be closed at 9:07 P.M. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Ayes: 4 Nays: 1, Mertensotto Councilman Losleben moved the adoption of Resolution No. 83-32, "RESOLUTION APPROVING UNITED PROPERTIES PLANNED UNIT DEVELOPMENT", approving the entire concept as presented. Councilwoman Witt seconded the motion. Councilman Mertensotto stated his negative vote specifically relates to the location of the proposed monument within the setback, particularly the potentially inadequate sight line visibility at the intersection of Pilot Knob Road and Mendota Heights Road if the monument is installed where proposed. Mr. Stofer advised that he will make the sight distance question a special concern of his and will thoroughly review the location again. FOUNDATION PERMIT, The Council acknowledged a letter from United Properties requesting UNITED PROPERTIES approval of the issuance of a foundation permit to construct an office/warehouse structure at 2520 Pilot Knob Road. The Council also acknowledged a memo from the Code Enforcement Officer recomm- ending approval of the request. Councilman Hartmann moved approval of the issuance of the foundation permit for 2520 Pilot Knob Road. Ayes: 5 Nays: 0 FRIENDLY HILLS TOT LOT Page No. 1809 April 5, 1983 Councilman Losleben seconded the motion. The Council acknowledged a letter from several Friendly Hills residents regarding the status of the Friendly Hills Tot Lot and the condition of the play equipment. Park Commission member Dorothy McMonigal reviewed Park Commission discussions on the matter for the Council. City Administrator Johnson advised the Council that during research for the fixed assets inventory, staff found the Certificate of Title to the property. He suggested that the City Attorney be directed to investigate the title and the Friendly Hills Addition restrictions and covenants and make a report and recommendation to the Council. COMMUNICATIONS The Council acknowledged a letter from the City of Bloomington regarding proposed legislation on state aids. Councilwoman Witt reported on League of Minnesota Cities discussion on aids. MISCELLANEOUS Councilman Mertensotto reported on his research of ordinances relating to radio antenna regulations. SALE OF SURPLUS PROPERTY Ayes: 5 Nays: 0 Mayor Lockwood reported on discussions he has had with residents of the Ivy Falls area regarding the proposed street overlay project. Councilman Losleben reported on discussions he has had with Mn/DOT MSA staff members regarding the use of MSA funds to finance a portion of the costs for the potential TH 149 realignment. The Council acknowledged a memo from the Public Works Supervisor tabulating bids received for the sale of the 1954 Dodge cab and chassis and utility box. Councilman Losleben moved that the high bid of Guy Kullander, for the 1954 Dodge cab and chassis, $214.00, and the high bid of R.J. Weinzettel for the utility box, $55.00, be accepted. Councilman Hartmann seconded the motion. COMPUTER The Council acknowledged and discussed a memo from the City Clerk ACQUISITION recommending approval of the purchase of an IBM personal computer, and associated hardware including a Brother HR-1 letter quality printer, and software. Mayor Lockwood moved approval of the purchase of an IBM personal computer, hardware and software, as recommended in the City Clerk's memo dated March 31, 1983, from ComputerLand (Bloomington) for $5,019.00. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Page No. 1810 April 5, 1983 CITY ADMINISTRATOR The Council discussed a memo from the City Administrator regarding TRANSITION his planned retirement and possible transition and recruitment plans The Council expressed their lack of interest in using an outside recruitment service and discussed the suggested "understudy" period. The Council directed Administrator Johnson to prepare a metropolitan area comparison of salaries for the position. ADJOURN Ayes: 5 Nays: 0 There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Mayor Lockwood seconded the motion. TIME OF ADJOURNMENT: 11:17 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor