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1984-09-04 Council minutesPage No. 2104 September 4, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 4, 1984 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, Council Members Blesener, Hartmann, Mertensotto and Witt. ADOPTION OF AGENDA Ayes: 5 Nays: 0 PROCLAMATION Ayes: 5 Nays: 0 CONSENT CALENDAR Councilman Hartmann moved the adoption of the agenda for the meeting. Councilwoman Witt seconded the motion. Mayor Lockwood read a proclamation for the Council and audience, declaring the week of September 17th through September 23rd as Constitution Week in Mendota Heights. Councilman Mertensotto moved approval of the Proclamation as read. Councilman Hartmann seconded the motion. Councilman Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the meeting agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the Code Enforcement monthly report for August. b. Acknowledgement of the Fire Department monthly report for July. c. Acknowledgment of the Engineering Status Report for August. d. Acknowledgement of a notice from the Minnesota Municipal Board regarding annexation of land to Mendota Heights. Ayes: 5 Nays: 0 PUBLIC COMMENTS Page No. 2105 September 4, 1984 e. Acknowledgement of a notice from NSP regarding an application for natural gas rate change. f. Acknowledgement of a notice from Fire Chief Noack regarding the suspension of a firefighter. g. Acknowledgement of the minutes of the August 7th Park Commission meeting. h. Approval of the list of claims dated September 4, 1984 and totalling 87,497.66. i. Approval of the list of licenses, granting licen- ses to: David and David Sewer and Water, Inc. Hays Construction Klosner-Goertz Const. Inc. Jim Stevens Const. Inc. Excavating License General Contractor License Masonry License General Contractor License Councilwoman Blesener seconded the motion. Mayor Lockwood recognized Deborah Tompkins, a candidate for Dakota County Commissioner, and Roger Garske, a candidate for District 39A State Representative who were present in the audience, and each of whom made a brief presentation. Mrs. Jo Peterson presented to the Mayor, City Council members and City Administrator Mendota Heights logo pins which she had had prepared at her own expense. HEARING - MN/DOT Mayor Lockwood opened the meeting for the purpose of SALT SHED, CASE 84-15 a public hearing on an application from Mn/DOT for a conditional use permit to construct a 100 by 30 foot salt storage shed at their maintenance facility site located at 2229 Pilot Knob Road. Mr. Dick Hathaway, Mn/DOT's Maintenance Operation Engineer, reviewed the proposal and answered questions. Councilman Mertensotto asked if there would be on-site absorption for the run-off. Mr. Hathaway stated that the run-off from the approximate 0.3 acre salt operation area would be directed to a single catch basin that would empty into a retention pond that would be sized to hold the run-off from a 100-year storm. Ayes: 5 Nays: 0 Ayes: 4 Nays: 1 Hartmann ASSESSMENT HEARING KINGSLEY ESTATES Page No. 2106 September 4, 1984 In response to a question from Mayor Lockwood, Mr. Hathaway stated that the storage shed is sized to hold 100 tons of material and will be a water-tight structure with a bituminous floor. There was general Council discussion and concern over whether or not the retention pond should have a lined bottom to prevent leaching of salt. Mr. Hathaway assured the Council that this new salt storage facility will be similar or better in design to all the salt storage facilities around the state and that there have been no problems with salt damage on any of them. He also reminded the Con4cil that during the time when salt is out in the open, from November through April, there are very few rainstorms to cause salt run-off. Responding to a question from Councilman Mertensotto regarding landscaping along TH 13, Mr. Hathaway stated that the landscaping will consist of transplanted evergreen trees. Mayor Lockwood asked for questions and comments from the audience. There being no questions Mertensotto moved that the P.M. Mayor Lockwood seconded the or comments, Councilman haring be closed at 8:08 motion. Councilman Mertensotto moved the adoption of Resolution No. 84-55, "RESOLUTION GRANTING CON- DITIONAL USE PERMIT FOR MN/DOT STORAGE BUILDING," with the conditions that: work must be completed according to the plan which includes a retention pond; that the exterior building color, including the roof, be dark brown; that a detailed landscaping plan which maximizes coniferous plantings along the west and south boundaries adjacent to the salt storage area be prepared; and, that the landscaping plan be submitted for staff review and approval. Mayor Lockwood seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on proposed assessments for the construction of sewer, water and storm sewer improvements. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING - JOHNSON BROTHERS/VISITATION CONVENT Page No. 2107 September 4, 1984 Public Works Director Danielson briefly described the details of the construction and associated costs for the project. There are 24 units proposed to be assessed, with costs being equally distributed. It is proposed that each unit be assessed $5,535.98 for the improvements, which consisted of the installation of sanitary sewer, watermains and storm sewer, and that the assessments be collected over a 19 year period at 11% interest per year. 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 8:15 P.M. Councilman Hartmann seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 84- 56, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER AND STORM SEWER IMPROVEMENTS TO SERVE KINGSLEY ESTATES P.U.D. (IMPROVEMENT NO. 83, PROJECT NO. 5)." Councilwoman Blesener seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on applications from Visitation Convent and Johnson Brothers for reconsideration of wetlands and conditional use permit for filling applications which were denied by Council on July 17, 1984. Mr. Donald Ringrose, a Civil Engineer from BRW, Inc., presented the details of the project for the appli- cants. Because he had made a similar presentation last meeting in requesting reapplication hearing approval, he kept his remarks brief. Mayor Lockwood asked for questions and comments from the audience. Mr. Robert Tousignant, the landowner to the west of the site, was present and asked about how the project would match into his land. Mr. Ringrose stated that he had obtained a copy of the Tousignant grading plan from the City so that the two projects would match together perfectly. The Council asked Mr. Tousignant what his intentions are with regard to the black dirt stockpile on his Page No. 2108 September 4, 1984 property. He responded that the black dirt would be made available to the future developer of the land. There being no further questions or comments, Councilwoman Witt moved that the hearing be closed at 8:23 P.M. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 Councilman Mertensotto moved the adoption of Resolution No. 84-57, "RESOLUTION APPROVING CONDITIONAL USE PERMIT," conditioned upon execution of the developer's agreement by both Johnson Brothers and Visitation Convent. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE N0. 84-16, Mr. David Marich, the applicant, presented facts and MARICH answered questions regarding his application for WETLANDS PERMIT & variance and wetlands permit for 1190 Sylvandale VARIANCE Road. Mr. Marich stated that he proposes to construct a 4,000 square foot, $300,000 home on the property for Frank Mulaney. Counclwoman Blesener felt that the home should be moved east to give more open space along the street. She also felt the south driveway opening on Sylvandale was too close to Ivy Falls Avenue. Mayor Lockwood felt the neighborhood should be notified and given a chance to comment on the proposal, particularly those facing the garage access on Ivy Falls Avenue. Councilman Mertensotto moved waiving of the public hearing and approval of the wetlands permit together with granting of a 12 foot front yard variance and seven foot rear yard variance conditioned upon Mr. Marich moving the southerly driveway location to be a minimum of 30 feet from the southerly lot line and obtaining written consent from Mr. & Mrs. Brown and Mr. & Mrs. Countryman on the proposed layout. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 FREEWAY DEDICATION There was a concensus of the Council to support Mn/DOT District Engineer Kermit McRae's suggestion that a dedication ceremony be conducted for the opening of I-494/I-35E opening. ELECTION POLICY Ayes: 5 Nays: 0 Page No. 2109 September 4, 1984 There was a concensus of the Council to support the City Administrator's proposed election policy. It was the feeling, however, that only abbreviated agenda packets should be sent to the candidates. Councilwoman Blesener moved the adoption of the City Policy on Council Elections. Councilman Mertensotto seconded the motion. MISCELLANEOUS The Council acknowledged a memo regarding the Schaak Electronics unapproved warehouse sale and directed staff to send a letter to Schaak warning against future violations. PERSONNEL ADJOURN Ayes: 5 Nays: 0 Staff was directed to sent a letter of appreciation to Mrs. Jo Peterson for her preparation and distribution of City logo pins. At 9:16 P.M., the Council adjourned to the Engineer- ing Conference Room for the City Administrator eval- uation session. 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: 10:00 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor