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1984-11-08 Council minutesPage No. 2136 November 8, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Thursday, November 8, 1984 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:48 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Hartmann, Mertensotto and Witt. ADOPTION OF AGENDA Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilman Hartmann moved adoption of the agenda for the meeting, as amended by the add-on agenda submitted this evening. Councilman Mertensotto seconded the motion. Minutes of the September 18, 1984 meeting had been submitted with the agenda packet. There was some question regarding pages 2118, 2119, and 2120. It was decided that approval of the September 18th minutes be tabled to the November 20th meeting. Councilwoman Witt moved approval of the consent calendar, with the deletion of item g, approval of the List of Licenses, and the addition of the approval of the Treasurer's monthly report for October, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of a letter from Mr. and Mrs. Kane on north end street improvements. b. Acknowledgement of the Code Enforcement monthly report for October. c. Acknowledgement of the October 23 Planning Commission minutes. d. Acknowledgement of the October 9 Park and Recreation minutes. e. Acknowledgement of a memo on 1985 financing considerations. f. Approval of the List of Claims dated November 8, 1984, and totalling $141,144.42. Ayes: 5 Nays: 0 HEARING, CASE 84-21, GRAPPENDORF, REZONING Ayes: 5 Nays: 0 CASE 84-22 LENCOWSKI,VARIANCE TO LOT SIZE Ayes: 5 Nays: 0 CASE 84-23, BJORKLUND, VARIANCE Page No.2137 November 8, 1984 g. Acknowledgement of the Treasurer's monthly report for October. Councilman Hartmann seconded the motion. Mayor Lockwood called the meeting to order and asked for any questions or comments from the audience in regard to the scheduled public hearing on an application from Mrs. Eveline Grappendorf for rezoning of her property, located at 1769 Delaware Avenue. Mayor Lockwood explained a request the Council had received from Mrs. Grappendorf's surveyor, requesting reconsideration of this application by the Planning Commission at its November 27th meeting. Mr. Tom Mairs, 1707 Delaware Avenue, commented that he had been present at the October Planning Commission meeting and that he felt the conduct of the meeting was to be commended. There being no further comments, Councilwoman Blesener moved to continue the public hearing to December 4, 1984, at 7:45 o'clock P.M. Councilwoman Witt seconded the motion. Mr. and Mrs. Thomas Lencowski were present to request approval of a variance to the lot size for Lot 6, Block 2, Guadalupe Heights. It was noted that 15,000 square feet are required for a single family lot, and this lot contained 8,830 square feet. After a brief discussion, Councilwoman Blesener moved approval of a 1,670 square foot variance to the lot size for Lot 6, Block 2, Guadalupe Heights, as requested. Councilman Hartmann seconded the motion. Mr. Richard Bjorklund, Jr. was present to request approval of several variances for Lot 2, Block 1, Somerset Park No. 3. He advised that he proposed to construct his home on this lot and also noted that his adjacent neighbors had submitted written approval of his proposed plans. After a brief discussion, Councilwoman Witt moved to grant approval for a 19 foot rear yard variance, a six foot front yard variance, and a 2 foot side yard variance, all as requested, for Lot 2, Block 1, Somerset Park No. 3, also known as 1717 Sutton Lane. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 CASE 84-24, UNITED CHURCH OF CHRIST, SIGN VARIANCE Ayes: 5 Nays: 0 FIREMEN'S PENSION PLAN Ayes: 5 Nays: 0 CABLE TV FRANCHISE ORDINANCE Page No. 2138 November 8, 1984 Mr. Roger Just and Mrs. Nancy Gountanis were present to request approval of variances to allow a new sign for the United Church of Christ, located at 680 Highway 110. The Council expressed concern over the height of the cross proposed for the top of the sign, and also questioned what the material for the cross would consist of. After some discussion, Mayor Lockwood moved to grant a 48 foot front yard setback variance, a 28 square foot sign area variance, and a 3 foot, 4 inch height variance (excluding the cross) for the United Church of Christ, located at 680 Highway 110, with the stipulation that the total height of the cross from the ground not exceed 20 feet. Councilwoman Blesener seconded the motion. City Attorney Tom Hart reviewed proposed revisions to the Fire Relief Association By-laws, from a defined contribution benefit plan to a defined contribution plan. The Council did not necessarily endorse the Transamerica Investment Plan, but they felt that the firemen should seek advise from Jim Delameter as to what plan would comply with State requirements. After discussion, Councilwoman Witt moved the adoption of Resolution No. 84-76, "RESOLUTION APPROVING AMENDMENTS TO BYLAWS OF MENDOTA HEIGHTS VOLUNTEER FIREMEN'S RELIEF ASSOCIATION". Councilman Hartmann seconded the motion. Mr. Dave Zemke, Chairman of the Northern Dakota County Cable Communications Commission, was present, along with John Gibbs, legal counsel for the Commission, and Mr. Randall Coleman, representing Continental Cablevision, and Mr. Lee Sheehy, legal counsel for Continental. Mr. Gibbs reviewed several different sections of the proposed Franchise Ordinance that other cities had expressed concerns over, noting that reimbursements to the seven cities in the cable district could be expected in early 1985. He noted that the franchise has a 15 year term, and that the initial service area includes a large portion of Mendota Heights. Mr. Gibbs noted that there is a construction timetable of 27 months for the entire system, after state certification expected in early 1985. Page No. 2139 November 8, 1984 Mr. Gibbs noted that a performance bond in the amount of $500,000 is required, as well as a $50,000 security account. He stated that each municipality must adopt the same or substantially similar Ordinance and that the NDC4 members determine whether the Ordinance is substantially similar. Councilwoman Witt commended Mr. Zemke for his tremendous efforts in this matter. Mr. Coleman, Director of Franchise Development, stated that he feels the construction schedule could possibly be cut in half. He.noted that St. Paul has 750 miles to construct in 30 months, and that there are only 254 miles in the Dakota County seven cities, with a 27 month construction schedule. He felt that perhaps construction could be completed in 15 or 16 months. After a brief discussion, Councilwoman Witt moved the adoption of Ordinance No. 211, "AN ORDINANCE GRANTING A FRANCHISE TO CONTINENTAL CABLEVISION OF NORTHERN DAKOTA COUNTY, INC., TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MENDOTA HEIGHTS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS", (codified as Ordinance No. 203). Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 TEXACO SIGN PERMIT The Council acknowledged two memos from the Code Enforcement Officer relative to a request from Suburban Lighting to replace the existing Getty sign to a Texaco sign at 1960 Dodd Road. Mr. Ray Roemmich, of Suburban Lighting, was present for the discussion. He explained that Texaco will retain the existing price signs on the existing pole, and that the new Texaco sign will be one square foot less than the present Getty sign. Councilman Hartmann moved approval of a sign permit to allow Texaco to place their sign on the pole containing the Getty sign. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 LEXINGTON HEIGHTS APTS. RECREATION BUILDING PERMIT Page No. 2140 November 8, 1984 Mr. Jim Riley was present to request building permit approval for a recreation building to be located between 2300 Lexington and 2330 Lexington Avenue. The Council reviewed site plans, but structural plans and grading/drainage plans had not been submitted yet. After further discussion, Councilwoman Blesener moved to grant approval, subject to staff review of the structural plans and grading/drainage plans, of a building permit for the recreation building, a swimming pool permit and a permit for construction of a fence around the swimming pool and tennis court. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 SIGN PERMIT, VIDEO The Council acknowledged a memo from the Code Enforcement KING Officer relative to a request from Mr. Ken Stoefen, owner of Video King, for a sign permit for 1948 Dodd Road. Mr. Stoefen noted that his store will be opening on Monday, November 12th and that the proposed sign will be similar to the sign on Tom Thumb, with white letters on a red background. The sign will be 4 feet high by 24 feet long, and will contain 96 square feet and will be 12 feet above the grade at the front of the building. Mr. Stoefen noted that the sign will be internally lit with flourescent tubes in the sign. Mayor Lockwood moved approval of a sign permit as requested for Video King, 1948 Dodd Road. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CDBG GRANT The Council acknowledged a memo regarding a Community APPLICATION Development Block Grant application for street improvements in the north end. Administrator Frazell noted that an income survey had been prepared by the Dakota County HRA, and that 55% of the area residents had responded to the survey. Of that percentage, 36 households, or 61% were eligible for assistance from CDBG funds. He recommended to the Council that a grant application of $70,000 should be applied for. $65,000 would be for a direct subsidy to approximately 50 households, and 35,000 would be for administrative costs to the HRA. He noted that the funding could be handled as a grant, or as an interest—free loan, but that the Council should rightfully decide that policy issue. Councilman Mertensotto felt that the funds should be made available to the low income residents as a grant, with no repayments necessary. Ayes: 4 Nays: 1, Mertensotto Page No. 2141 November 8, 1984 Several Council members felt that the grant should become payable when the property is sold so that the City would have monies available to fund other projects. After further discussion, Councilman Hartmann moved the adoption of Resolution No. 84-77, "RESOLUTION REQUESTING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR NORTH END STREET IMPROVEMENTS". Councilwoman Blesener seconded the motion. Councilman Mertensotto noted that he is in favor of the grant application, but not an interest-free loan to be repaid when the property is sold. GARRON DEVELOPMENT The Council acknowledged a memo from City Administrator Frazell requesting establishment of a date to conduct a workshop concerning Garron Development. Several members of the Council expressed a desire to include the Planning Commission members in the workshop. A date of Thursday, November 29, at 7:30, p.m. was scheduled for the workshop. EVERGREEN KNOLLS FINAL PLAT Councilman Hartmann moved adoption of Resolution No. 84-78, "RESOLUTION APPROVING FINAL PLAT FOR EVERGREEN KNOLLS 1ST ADDITION", subject to receipt of a $13,200 park contribution. Mayor Lockwood seconded the motion. Ayes: 3 Nays: 2, Witt, Blesener CHANGE ORDER The Council acknowledged receipt of a memo and proposed Change Order relative to the wall failure on the Gryc project. Councilwoman Blesener felt that the City should not pay for the cost of the new wall, and that it should be considered as part of the project. After discussion, Councilman Mertensotto moved to waive the hearing requirement for a wetlands permit to relocate the creek alignment that is located on park property. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 2, Witt, Blesener Councilwoman Blesener moved approval of Change Order No. 1, in the amount of $18,929.00, with the cost to be deemed part of the project cost. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 PERSONNEL Ayes: 5 Nays: 0 EXCESS LAND Ayes: 5 Nays: 0 CONDON COURT Page No. 2142 November 8, 1984 The Council acknowledged a memo from Administrator Frazell and a letter from Assistant Fire Chief Bill Lerbs, relative to the resignation of Assistant Chief Lerbs. Councilman Mertensotto moved the resignation of Assistant effective October 26, 1984. Councilman Hartmann seconded to accept, with great regret, Fire Chief Bill Lerbs, the motion. The Council acknowledged a memo from Public Works Director Danielson relative to sale of excess land along I-35E at Mendakota Country Club, which is owned by the State of Minnesota. Mayor Lockwood moved to authorize staff to send a letter to Mn/DOT allowing them to advertise the excess land for sale. Councilman Hartmann seconded the motion. On the recommendation of Public Works Director Danielson, Councilman Hartmann moved to name the new cul-de-sac serving the homes in the southwest quadrant of Mendota Heights Road and Dodd Road "Condon Court". Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 ORDINANCE AMENDMENT Councilman Mertensotto moved the adoption of Ordinance No. 212, "AN ORDINANCE AMENDING ORDINANCE NO. 1113", with the addition of the intersection of Lexington Avenue and Mendota Heights Road being added as all-way stop intersections, as well as the intersection of Dorset Road and Mears Avenue. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Councilwoman Blesener expressed concerns over plaques for the new fire station dedication; she also asked that the State be advised of the bike/pedestrian crossing along Lexington Avenue and TH 110. She also requested a summary of plans that she could show to the neighbors in the area. ADJOURN Ayes: 5 Nays: 0 Page No. 2143 November 8, 1984 Mayor Lockwood advised that he had heard concerns about the lack of enough play equipment in Marie Park. Councilwoman Witt expressed interest in a stop sign being installed on Marie and Callahan, for motorists traveling westbound Marie, but not intended for eastbound Marie Avenue motorists. Another concern was for a four way stop sign at Victoria and Marie Avenue. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 11:05 o'clock P.M. Mary Ar DeLaRosa Deputy Clerk ATTEST: R8--ki-40ecti Robert G. Lockwood Mayor