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1983-03-01 Council minutesPage No. 1790 March 1, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 1, 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 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,Councilmen Hartmann, Losleben and Mertensotto. Councilwoman Witt had notified the Council that she would be late. APPROVAL OF Councilman Losleben moved approval of the minutes of the February MINUTES 1st meeting. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilman Hartmann moved approval of the minutes of the February 15th minutes. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 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 the execution of all necessary documents contained therein. Ayes: 4 Nays: 0 BID OPENING Ayes: 4 Nays: 0 1. Acknowledgement of a legislative summary and meeting notice. 2. Acknowledgement of the Code Enforcement monthly report for February. 3. Approval of the List of Claims dated March 1, 1983, and totalling $188,013.52. 4. Approval of the issuance of general contractor licenses to Robert W. Compton, Inc., and EDS Construction Company. Councilman Hartmann seconded the motion. Financial Advisor Shaughnessy opened bids received on the sale of $525,000 in tax anticipation certificates. The following bids were received: First National Bank for a 5.54 net interest rate. American National Bank for a 5.44 net interest rate. Bank Northwest for a 5.60 net interest rate. Mayor Lockwood moved the adoption of Resolution No. 83-14, "RESOL- UTION PROVIDING FOR THE SALE OF $525,000 GENERAL OBLIGATION TAX ANTICIPATION CERTIFICATES OF 1983", awarding the bid to American National Bank. Councilman Losleben seconded the motion. Page No. 1791 March 1, 1983 INDUSTRIAL Mayor Lockwood opened the meeting for the purpose of a public REVENUE hearing on a request by M H Associates, (United Properties) for FINANCING $5,000,000 in Industrial Revenue Financing. Financial Advisor Shaughnessy noted that on February 1st, the Council established a hearing on the industrial development proposal by United Properties for an office /warehouse structure to be constructed at Pilot Knob Road and Northland Drive. He stated that the applicants propose to construct a three stage development for approximately $5,000,000. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Mr. Boyd Stofer and Mr. Mark Cella, from United Properties, were present for the discussion. Mr. Cella, Project Manager for the proposed project, reviewed architect's renditions and elevations of the proposed complex for the Mendota Heights business center. He asked the Council for approval of the preliminary resolution for the Mendota Heights business center. He stated that the proposed devel- opment will be constructed in three phases, totalling 90,000 square feet of building. He noted that it is anticipated that the first phase would be construction of a 50,000 square foot structure on the west side of the site and that phases 2 and 3 would be completed one year from now. He stated that his firm proposes to construct two structures on a single site. It will be necessary to apply for a conditional use permit for planned unit development. Mr. Cella stated that the firm plans to apply for a';_building permit to begin construction of the first building by the first of April and will appear before the Planning Commission for a conditional use permit for PUD in the near future to plan for the second structure and an addition to the initial structure. He stated that the structure will be a brick faced one story office /warehouse and that the first phase is anticipated to cost approximately 2.2 million dollars. Administrator Johnson noted that the proposed site is only approx- imately eight acres in size, and that the Zoning Ordinance provides that a variance would be required in order to apply for a PUD. It was noted by the Council that the applicants may apply for the variance and planned unit development at the same time, with con- sideration of both action before the Planning Commission on the same evening. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Losleben moved that the hearing be closed at 8:07 o'clock P.M. Councilman Mertensotto seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 83 -18, "RESOL- UTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL OF THE PROJECT PURSUANT TO MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, 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 NECESS- ARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT ". Councilman Mertensotto seconded the motion. Page No. 1792 March • 1, 1983. COUNTY ROAD The Council acknowledged receipt of the letter from Dakota County TURNBACK regarding a public hearing to be held on May 25th relative to County turnback of County roads to the City. The Council discussed the inclusion and potential turnback of Wagon Wheel Trail and Victoria Roadto the City. As the result of the discussion, the engineering staff was directed to study the condition of both roads and to recommend to the Council what response should be made at the County hearing on the turnbacks. COMMUNICATIONS The Council acnowledged receipt of a letter from the attorney for the Lower Minnesota River Watershed District requesting that someone be appointed to act as the City's contact person relative to questions on compliance with the Metropolitan Surface Water Management Act regulations. Mayor Lockwood moved that Public Works Director James Danielson be appointed as the City's contact person for Metropolitan Surface Water Management Act compliance. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 RAMSEY COUNTY PARKS MISCELLANEOUS Councilwoman Witt arrived at 8:20 o'clock P.M. The Council acknowledged a letter from the Director of the Ramsey County Park Department relative to the Lilydale Regional Park boundaries. The letter indicated that a hearing will be conducted on March 7 and March 14 at Ramsey County and the City of St. Paul relative to entering into an agreement for an exchange of land and maintenance and control of the Lilydale Regional Park system from Ramsey County to the City of St. Paul. The proposed agreement also included reference to policing of the park and proposed special legislation which would establish that the boundaries of all of the Lilydale Regional Park be located within the corporate limits of the City of St. Paul. City Administrator Johnson advised the Council that the proposed boundaries of the park area include two parcels of land located within the corporate limits of the City of Mendota Heights. It was noted that one of the parcels is currently in the ownership of the Ramsy County Park system, however portions of the second parcel (a portion of the Twin City Brick property) is in private ownership. As the result of the discussion, the Council directed the City Administrator to identify to the legislature that two of the parcels of property within the proposed special legislation are in fact located within the corporate limits of the City of Mendota Heights. Representative Bert McKasy, who was present for the meeting, stated that he was not aware that any of the parcels within the proposed boundary area were located within Mendota Heights and that he would pursue the matter. Representative McKasy and the Council discussed various legislative matters, including potential changes in the Local Government Aid formula and taxing methods. MISCELLANEOUS Page No. 1793 March 1, 1983 Mr. Richard Volkert, 2400 Dodd Road, was present in response to a Council invitation to discuss a complaint relative to the parking of commercial vehicles on his property. Mr. Volkert advised the Council that the rubbish vehicle, which was parked on his property, has now been moved to permanent storage at a garage north of TH 110, and that the semi-tractor, which was also located on the site, had been sold. In response to a question from the Council regarding use of the garage at 2400 Dodd Road for future couuuercial use, and comments regarding the oversized garage door, Mr. Volkert stated that he has no intention whatsoever to use the garage for anything other than private garage purposes and would conduct no commercial enterprise from the site. Mr. Volkert also volunteered his services and equipment for the City park clean-up this year if the City would agree to pay the approximate $50 dump fee. Staff was directed to notify Commission Chairman Bayless of Mr. Volkert's offer and ask Chairman Bayless to contact Mr. Volkert. PLANNING The Council acknowledged receipt of the minutes of the February 22nd COMMISSION Planning Commission meeting. CASE #83-03, Mr. Herbert Dalglish, 1054 Sibley Highway, was present to request DALGLISH approval of his application to divide his property, part of Government Lot 5, into two lots. Mr. Dalglish indicated that if the application is approved, he would sell his existing home and build a new home for himself on the newly created lot. Mr. Dalglish indicated that the erosion control requirement stipulated by the Planning Commission would be taken care of. He also acknowledged that the property is located within the Critical Area and that he would meet all requirements of the City in that regard. It was noted that Mr. Dalglish is employed in the land- scaping business and the suggestion was made that the park contribution be in the form of nursery goods, rather than in cash. Councilman Losleben moved to approve the preliminary plat for the lot division as presented, recognizing that the newly created lot would be 13,300 square feet, rather than the required 15,000 square feet, conditioned upon adherence to strict erosion control measures, and on the basis that staff work out details regarding the park contribution requirement. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE #83-05, Mr. Peter Henrich, 1875 South Lexington, was present to request HENRICH Council approval of the preliminary plat for division of his property located at 1875 South Lexington Avenue. Mr. Henrich indicated that he would be willing to dedicate the additional 17 feet of right-of-way along Lexington Avenue as recommended by the Planning Commission, and asked who would replace existing shrubbery if the shrubbery is damaged by any public construction. City Engineer Kishel indicated that under normal circumstances any damage to shrubbery placed on private property would be replaced as the result of construction damage. Page No. 1794 March 1, 1983 After discussion, Councilman Losleben moved approval of the preliminary plat as presented, including a 10 foot lot width variance on the north lot, subject to the granting of an additional 17 feet of right-of-way along Lexington Avenue and subject to receipt of the required park contribution. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE #83-07, Mr. Leo Kegler was present to request approval of a front yard KEGLER setback variance for 1880 Hunter Lane (Lot 4, Block 1, Sunview Hills). Mr. Kegler explained the topography of the site and stated that given the topography, he cannot place his proposed new residence at the same setback as other residences in the general area. He asked that he be allowed to place his house 30 feet from the front property line. Mayor Lockwood moved approval of the variance, as requested, granting permission to construct a residence 30 feet from the front yard setback at 1880 Hunter Lane. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 CASE #83-01 The Council noted that no one was present to represent the PARRANTO applicant with regard to the application for zoning ordinance revision. No action was taken on the matter. MISCELLANEOUS Mayor Royal Bakke, from the City of Mendota, was present to respond to a letter relative to an extension of the proposed Mendota sewer system to the St. Peter's Church site. He briefly reviewed the City of Mendota's application for HUD funding and the status of the proposed project. He also welcomed the City to investigate the possibility of joining St. Peter's Church into the system and indicated that cooperation would be required from HUD and from the Mendota engineering firm. There was also a considerable amount of discussion over surface water drainage into Mendota from Mendota Heights. BUILDING PERMITS Mr. Gerry Marko, representing Dakota County State Bank, was present to request approval of a building permit to remove a glass partition and install a firewall and to straighten an angle on a door in the old City Office space on the lower level of the bank structure. The Council also acknowledged a handout memo from the Code Enforcement Officer recommending approval of the request. Ayes: 5 Nays: 0 Councilman Losleben moved to approve the issuance of a building permit to Dakota County State Bank. Councilwoman Witt seconded the motion. The Council acknowledged receipt of a memo from the Code Enforce- ment Officer recommending approval of the issuance of a permit for remodeling in the Mendota Plaza Shopping Center to accommodate a Coast to Coast hardware facility. Ayes: 5 Nays: 0 IVY FALLS FIRST ADDITION PERSONNEL page No 1795 March 1, 1983 After a brief discussion, Councilwoman Witt moved to approve the issuance of a building permit for remodeling to accommodate the Coast to Coast facility in the Mendota Plaza as requested and recommended by the Code Enforcement Officer. Councilman Losleben seconded the motion. Mayor Lockwood informed the Council that he had met with members of the Ivy Falls Association relative to a proposal to construct street maintenance improvements in the Ivy Falls First Addition. He stated that he received a good response to the report and that he had forwarded several questions from the individuals involved in the meeting to the City Engineer. He stated that he would keep the Council informed on the matter. The Council acknowledged a memo from Mayor Lockwood relative to appointment of the Assistant Fire Chief. The Mayor indicated that Assistant Chief Gene Lange in fact acting as Assistant Chief since January 1st, and therefore recommended that the appointment to the position be made retroactive to January 1st. Councilman Losleben moved to reconsider the motion of February 15th relative to appointment of the Assistant Fire Chief and appoint Fire Marshal Gene Lange as Assistant Fire Chief effective January 1, 1983. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 1, Mertensotto FIRE STATION REPAIRS Ayes: 5 Nays: 0 The Council acknowledged a memo from the Police Chief and Assistant Fire Chief indicating a serious need for replacement of two 12' x 12' garage doors on the lower level of the Fire Station. The memo indicated that bids had been received from two firms and that a bid from Don's Service Company for$1,036.93 was the lowest bid. On the recommendation of the police chief and assistant fire mar- shal, Councilwoman Witt moved to authorize an expenditure of $1,036.93 to Don's Service Company for replacement of the lower level garage doors on the Fire Station facility. Councilman Hartmann seconded the motion. SQUAD CAR The Council acknowledged receipt of a memo from Police Chief PURCHASE Delmont advising that he had examined bids received for the purchase of 1983 squad cars, and recommending that the acquisition of two 1983 Ford LTD Crown Victoria's from South- dale Ford, for a purchase price of $8,610 each be approved. After discussion, Councilman Losleben moved to approve the acquisition of two Ford LTD Crown Victoria's from Southdale Ford for their low bid price of $8,610 per car. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Page No. 1796 March 1, 1983 TAXES City Administrator Johnson reviewed a memo and charts relating to mill rates, non-ag taxes, and tax levies. MISCELLANEOUS HIGHWAY CONSTRUCTION Ayes: 5 Nays: 0 Administrator Johnson advised the Council that he had received a notice from the County Ad-Hoc Racing Committee regarding a meeting to be conducted on March 3 at the Apple Valley City Hall. Administrator Johnson stated that proposed gas tax increase legislation includes a highway construction schedule. He advised the Council of construction proposed to be completed in Dakota County and noted that the Mendota Interchange is not included in the legislation. He suggested that the Council urge the legis- lators to amend the proposed legislation to include the Mendota Interchange in the highway construction schedule. Councilman Mertensotto moved the adoption of Resolution No. 83-19, "RESOLUTION REQUESTING MENDOTA INTERCHANGE BE INCLUDED IN HOUSE FILE No. 60". Councilman Losleben seconded the motion. INTERN Administrator Johnson stated that he has interviewed an applicant wishing to serve as an student intern with the City for approx- imately 10 hours per week, and asked whether the Council would be interested in promoting an internship program. The Council- members expressed a concensus to approve the hiring of a student intern, David Sompi, and directed the City Administrator to establish a wage for the internship period. MENDOTA SEWER Ayes: 5 Nays: 0 The Council acknowledged and discussed a memo from the City Engineer relative to the proposed Mendota sewer construction project. Engineer Kishel stated that he has been in contact with the engineering firm which represents Mendota in the project. He asked how he should proceed with regard to provisions for extension of the sewer facilities to properties on TH 13 currently unable to be serviced, including St. Peter's Church. It was the concensus of the Council that the City has a responsibility to study the needs of the area. Mayor Lockwood moved to direct the City Engineer to prepare a basic study on the need for public improvements along TH 13. Councilwoman Witt seconded the motion. EASEMENT On the recommendation of the City Engineer, Councilman Losleben AMENDMENT moved to authorize the appropriate City officials to execute an amendment to the Bisanz Easement agreement for the I-35E/ Mendota Heights Road watermain crossing, correcting the original easement area description. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 PILOT KNOB ROAD IMPROVEMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page No. 1797 March 1, 1983 Councilman Losleben moved the adoption of Resolution No. 83-20, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 80, PROJECT NO. 1 (PILOT KNOB ROAD)", authorizing final payment of $109,947.78 to Dakota County. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 83-21, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL FOR PILOT KNOB ROAD STREET IMPROVEMENTS (IMPROVEMENT NO. 80, PROJECT NO. 1)". Councilwoman Witt seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 83-22, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR PILOT KNOB ROAD IMPROVEMENTS (IMPROVEMENT NO. 80, PROJECT NO. 1)", the hearing to be conducted at 7:45 o'clock P.M. on April 19th. Councilwoman Witt 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: 11:26 o'clock P.M. 1(27 athleen M. Swanson City Clerk ATTEST: c&-th,„,, Robert G. Lockwood Mayor