Loading...
1984-08-07 Council minutesPage No. 2087 August 7, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 7, 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. AGENDA ADOPTION Councilman Hartmann moved the adoption of the agenda for the meeting, including items contained in the add-on agenda. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilman Mertensotto moved approval of the minutes of the July 10th meeting. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Lockwood 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 minutes of the July 24th Planning Commission meeting. b. Acknowledgement of the Code Enforcement monthly report for July. c. Acknowledgement of a memo requesting authorization to exchange the existing, Code Enforcement vehicle for an excess 1982 Ford LTD police squad car. d. Acknowledgement of a memo informing Council that the scheduled August 21st Revenue Sharing hearing is not required under Revenue Sharing guidelines and therefore will not be scheduled. e. Acknowledgement of a memo informing Council that the List of Claims includes a $2,100 check to Mr. Albert Hanson in consideration of an easement granted in connection with the Evergreen Knoll Addition improvement project. Page No. 2088 August 7, 1984 f. Acknowledgement of a memo from the Federal Emergency Management Agency regarding the Flood Hazard Boundary Map. g. Acknowledgement of a memo and letter to the Metropolitan Council regarding airport noise contours. h. Approval of the List of Claims dated August 7, 1984 and totalling $203,572.31. i. Approval of the list of contractor licenses, granting licenses to: Bohn Well Drilling Company Bruhn Excavating Cedar Valley Heating & Air Conditioning Cedar Valley Heating & Air Conditioning D.N.R. Construction Company F and B Construction J and D Builders, Inc. Junek Excavating Company Kleve Heating and Air Conditioning Markfort Construction Company, Inc. Peterson Maintenance Corporation Poblocki and Sons SBS Mechanical, Inc. Ed Stafki Enterprises, Inc. Stevens Excavating Superior Pools, Inc. T.C. Builders, Inc. Taping, Inc. University Roofing and Construction Gamache Construction Woodlyn Homes, Inc. Excavating License Excavating License Heating & Air Conditioning License Gas Piping License General Contractor License General Contractor License General Contractor License Excavating License Heating and Air Conditioning License Masonry License General Contractor License Sign Erecting Company Heating & Air Conditioning License Masonry License Excavating License General Contractor License General Contractor License Plastering/Stucco License General Contractor License General Contractor License General Contractor License j. Approval of the issuance of a two day 3.2 on—sale malt license to St. Peter's Church for September 15th and 16th. k. Acknowledgement of a letter from MPIRG regarding canvassing. 1. Acknowledgement of a memo regarding designation of Chippewa Avenue as an M.S.A. street. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Page No. 2089 August 7, 1984 DRAINAGE COMPLAINT Mr. Tom Condon, 2535 Dodd Road, was present to inform the Council that he has been experiencing serious wet basement problems as the result of highway construction work. Mr. Condon stated that the contractor has indicated that his engineer is making some design changes, but that those changes amount to digging a small ravine across his driveway which will really do nothing to resolve the problem. He stated that the cul-de-sac which is proposed (a frontage road alongside of Dodd Road to serve his property and that of his neighbors) will only have one drain to carry water from Mendota Heights Road. He felt that that is inadequate and inappropriate. He stated that he is present to see what can be done to resolve the problems. He indicated that he does not believe the problem is the fault of the construction contractor but rather that it is the Mn/DOT design which created the problem. HEARING - CLAPP/ THOMSSEN IVY HILL Councilman Mertensotto stated that in response to a call from Mr. Condon he had gone to the Condon home to view the problem. He stated that the house is lower than the grade of T.H. 149 so all of the water coming south and off of the new roadway drains to his property. He further stated that the drain is higher than the rest of the property so the water runs up the driveway and towards the basement. Public Works Director Danielson stated that he has been in contact with the Mn/DOT project engineer and has received large-scale drawings from Mn/DOT and does see some problems in the plans. Councilman Mertensotto suggested that perhaps the new access roadway should be graded lower than the Condon property and the cul-de-sac should be moved further south to correct the drainage problems. As the result of the discussion, the Council directed staff to study the matter and return with a report and recommendation on how the problem can be alleviated and further directed that staff work with Mn/DOT to arrive at a permanent solution. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application for conditional use permit from the Clapp-Thomssen Company, for an amendment to the Ivy Hill Planned Unit Development. Mr. Edward Clapp reviewed the history of the Ivy Hill Planned Unit Development, stating that the original approval was granted for 83 units but that only 80 units have been constructed. He stated that it is now requested that the PUD be amended to provide for four new units, one unit in excess of the original plan. It is proposed that the units be constructed on Lot H and that the units be 1 1/2 story design similar to those along Ivy Hill Drive. Two internal and two external parking spaces will be provided for each unit. He also proposed to dedicate property abutting Butler Avenue as Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 84-13, SMOOKLER Ayes: 5 Nays: 0 Page 2090 August 7, 1984 the park contribution. Councilwoman Witt felt that the matter of park contribution should be referred to the Park Commission to determine whether the proposed dedication or a cash contribution is more desireable. In response to a statement from Mr. Clapp that he has no preference on the contribution, Councilman Mertensotto suggested that both the land and cash contribution would be appropriate. He also suggested that perhaps the City should retain some right-of-way for the possibility of future extension of Butler Avenue. Councilwoman Blesener asked whether the blacktopped walkway from the development to the park will be public and suggested that the Park Commission should review its location. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Hartmann moved that the hearing be closed at 8:19 P.M. Mayor Lockwood seconded the motion. Councilwoman Blesener moved approval of the conditional use permit for amendment to the Ivy Hill planned unit development along with preliminary plat approval subject to review by the Park Commission concerning both the park dedication and the walkway and execution of a developers agreement, along with direction to staff to research Butler Avenue information. Councilwoman Witt seconded the motion. Mr. George Rossback, of Joseph E. Johnson & Sons Company, was present to request approval of a wetlands permit to allow construction of a deck on the westerly side of 62 Ivy Falls Court, 82 feet from a wetlands area. It was noted that the Planner's report indicated that the home is located high above the wetlands area and the deck would create no impediment to the drainageway. After discussion, Councilman Mertensotto moved to waive the public hearing requirement and approve an 18 foot variance from the Wetlands Ordinance to allow construction of a deck at 62 Ivy Falls Court 82 feet from the wetlands area. Councilman Hartmann seconded the motion. Page No. 2091 August 7, 1984 VOLUNTEER FIREFIGHTER Councilman Hartmann moved that Randy McNamara be appointed to serve as a Volunteer Firefighter. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 ORGANIZED DEER HUNT Mr. Craig Cox from the Department of Natural Resources, was present to request Council approval of an organized deer hunt in the Fort Snelling State Park. Mr. Cox indicated that deer overpopulation in the park has become a serious problem and cited statistics relating to the number of deer per square mile of area in the park as compares to the desireable population, the insufficiency of vegetation to support the population, and the incidence of deer/auto collisions. He stated that given the strong starvation potential and the collision incidence, the only practical solution to the problems is to reduce the herd by conducting a controlled hunt. He stated that the hunt area will only be open to a limited number of hunters who will be issued permits and will receive special training by the DNR prior to the hunt which is proposed to be conducted on November 17th and 18th. Ayes: 5 Nays: 0 TRANSPORT DRIVE After discussion, Councilman Mertensotto moved to waive the requirements of Ordinance No. 914 to permit the Department of Natural Resources to conduct an organized deer hunt within designated areas within the City's corporate boundaries on November 17th and 18th, 1984. Mayor Lockwood seconded the motion. The Council acknowledged and discussed a memo from the City Administrator regarding the possible future extension of Northland/Transport Drive as it relates to the July 17th discussion on the Ralph Linvill building permit request. Administrator Frazell stated that staff and the City Planner had met with Pabst family representatives regarding the matter and that they stated they have no interest in either subdividing their property or selling any portion of it but that they are interested only in holding the property as it is or selling the entire parcel. They also were not willing to commit to any particular future development plans. He stated that the City Planner feels very strongly that the alignment of Transport/Northland Drive should be as was originally planned many years ago. He recommended that the issue be referred to the Planning Commission because of its importance on how the development will occur in the future in the industrial park. Councilwoman Witt stated that she can appreciate the Planner's position but can see no problem in this particular case. She felt that nothing would be resolved by sending the issue to the Planning Commission. Page No. 2082 August 7, 1984 Councilman Mertensotto stated that he would not be in favor of condemnation of property (as discussed in the Administrator's memo) to build the roadway as proposed by the Planner, particularly when the northwest corner and southeast corner of Parcel No. 2 could be reserved for a future road. He stated that if the roadway had some public significance in terms of access to the general public it would be different. He felt that the Council's concern is with notification and the Pabst family has been notified on the matter and has ignored the Council's request for their input and stated that they have no interest. In response to a question from Councilwoman Blesener regarding the need for the Perron Road right-of-way, Public Works Director Danielson stated that he could see some merit in trading the Perron Road right-of-way for right-of-way on the south of the Ingram (Linvill) property. He stated that utilities are stubbed into Pilot Knob Road and Mendota Heights Road 50 feet into the Pabst property and there is access provided to the property. Mr. Rollin Crawford, representing the property owner, requested that staff be given authority to issue the Linvill building permits. It was the general concensus that the Council is not in favor of expending the funds which would be necessary to acquire right-of-way through the (Ingram) Linvill property in view of the Pabst lack of response to their notification and request for input, and directed that if Mr. Linvill chooses to pursue permits he must do so through the normal process. YORKTON CORPORATION Mr. Larry Lee, of the Yorkton Corporation, was present to inform the Council of his plans to acquire and develop the Gould property at the intersection of T.H. 110 and Lexington Avenue and to petition for public improvements to serve the site. He stated that the subject property is immediately west of the existing Gould structure. He stated that he is negotiating a purchase agreement with Gould and has a client who would like to lease a 55,000 square foot Conference Center structure proposed to be located on 6 acres on the southwest corner of the site. Mr. Lee requested that a feasibility study on utility extensions be authorized by Council. He also indicated that he would be requesting Industrial Revenue Financing for the project. Councilman Mertensotto stated that he is interested in seeing what is proposed for the remainder of the site so that the Council would know what is going to be proposed as access to the site. He also felt that there should be a staff report on escrow needs before any action is taken. Ayes: 5 Nays: 0 PARK ISSUES FIRE PREVENTION CODE MISCELLANEOUS Ayes: 5 Nays: 0 CRAY RESEARCH STORM WATER OUTLET Ayes: 5 Nays: 0 Page No. 2083 August 7, 1984 Public Works Director Danielson stated that staff suggests that a $5,000 escrow be required, and further stated that the feasibility study would include utility extensions and access considerations. Mr. Lee stated that he hopes to sign the purchase agreement for acquisition of the property next week and asked that action be taken on the feasibility study authorization so that he can proceed with the purchase agreement negotiations. After discussion, Councilman Mertensotto moved to authorize staff to prepare a feasibility report on public improvements to serve the site subject to the extent of $5,000 in costs, subject to receipt of a $5,000 engineering escrow from the petitioner. Councilman Hartmann seconded the motion. Park Commission member Jim Stein was present to discuss park issues, in particular the disposition of Lot 10 of the Curley Addition. Mr. Stein stated that he was present to reiterate the Commission's position that a bike trail should be constructed along one side of the lot and that the balance of the lot should be sold to support the construction costs. He pointed out that it is the Commission's position that the lot should not be maintained as green space, that given the easy access to Roger's Lake Park adequate open space is available and the money which would be needed to maintain the lot would better be spent on other park and trail development needs. The Council acknowledged and briefly discussed a memo and proposed ordinance prepared by the Fire Marshal relative to fire prevention and the prohibition of barbecues in multiple dwelling complexes. Discussion on the matter was tabled to August 21st. On the recommendation of the Public Works Superintendent, Councilwoman Blesener moved to authorize acquisition of a Gastech Model GX82 triple range monitor (gas and vapor detection meter) for the Utility Department from Continental Safety for $1,500. Councilman Hartmann seconded the motion. On the recommendation of the Public Works Director, Mayor Lockwood moved authorization for issuance of a purchase order to Scherff Contracting to place 20 cubic yards of gabions at the Cray Research storm water outlet. Councilman Hartmann seconded the motion. WACHTLER AVENUE Ayes: 5 Nays: 0 KINGSLEY ESTATES Ayes: 5 Nays: 0 WATER RATES Ayes: 5 Nays: 0 LIQUOR ORDINANCE Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 f Page No. 2084 August 7, 1984 The Council acknowledged a memo from the Public Works Director regarding the extension of Wachtler Avenue south to serve the Evergreen Knoll Addition informing the Council that in order to shift the roadway westerly to provide a proper setback for the Christofferson home, an easement is required. Public Works Director Danielson stated that the property owner, Lawrence Shaughnessy, has agreed to dedicate the necessary right-of-way if he can retain the building density for the easement area when he develops his property in the future. Councilman Mertensotto moved to direct staff to prepare an easement and to allow the utilization of the 9030 square feet of easement area for density purposes in the future development of the Shaughnessy property. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 84-45, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR KINGSLEY ESTATES IMPROVEMENTS (IMPROVEMENT NO. 83, PROJECT NO. 5)," the hearing to be held on September 4, 1984. Councilwoman Blesener seconded the motion. The Council acknowledged and discussed a memo and proposed resolution from the City Administrator regarding water rate disputes between the St. Paul Board of Water Commissioners and suburban communities. After brief discussion, Councilman Mertensotto moved the adoption of Resolution No. 84-46, "RESOLUTION REQUESTING METRO- POLITAN COUNCIL REVIEW OF WATER RATES CHARGED BY THE ST., PAUL BOARD OF WATER COMMISSIONERS TO SUBURBAN CUSTOMERS." Councilman Hartmann seconded the motion. Councilwoman Witt moved the adoption of Ordinance No. 208, "AN ORDINANCE REPEALING ORDINANCE NO. 1403," repealing the existing municipal liquor provisions. Mayor Lockwood seconded the motion. Councilwoman Witt moved the adoption of Ordinance No. 209, "AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR," codified as Ordinance No. 1403. Councilman Hartmann seconded the motion. MISCELLANEOUS Ayes: 5 Nays: 0 SPEED LIMIT Page No. 2085 August 7, 1984 The Council acknowledged a memo from the Police Chief informing the Council that Schaak Electronics has offered to donate an Apple "Macintosh" computer system to the Police Department. Councilwoman Blesener moved to accept the generous offer from Schaak Electronics on behalf of the Police Department and to express appreciation for the firm's generosity. Councilwoman Witt seconded the motion. Councilwoman Blesener expressed concern that the 50 mile per hour speed limit on Lexington Avenue south of T.H. 110 is too great and that when the apartment complex is completed and occupied, travelling on Lexington will be very dangerous. She asked what could be done to reduce the speed limit. In anticipation of the opening and occupation of the Lexington Heights Apartments, Mayor Lockwood moved to request Dakota County to take whatever action is necessary to reduce the speed limit on Lexington Avenue to 30 miles per hour. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:31 o'clock P.M. ATTEST: vir • • Robert G. G. Lockwood Mayor cr:/alee.,,)71) athleen M. Swanson City Clerk