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1981-10-20 Council minutesPage No. 1556 October 20, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 20, 1981 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. Acting Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Mertensotto, Councilmen Hartmann and Losleben, Councilwoman Witt. Mayor Lockwood had notified the Council that he would be out of town. CONSENT Councilman Losleben moved approval of the following consent CALENDAR calendar items, submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein: 1. List of Claims dated October 20, 1981 and totalling $103,811.62. 2. The granting of licenses to the following: Apollo Heating and Ventilation Heating & Air Conditioning License Minnesota Tree, Inc. Landscaping License Roofing, Inc. Roofing License 3. The granting of an unpaid maternity leave of absence to Mrs. Kristi Southern in accordance with a recommendation from the City Clerk. 4. Acknowledgement of monthly financial, public works and Fire Department reports for September. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF Councilman Losleben moved approval of the minutes of the MINUTES August 25th meeting along with authorization for execution of said minutes by Mayor Lockwood. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilman Hartmann moved approval of the minutes of the September 15th meeting along with authorization for execution of said minutes by Mayor Lockwood. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 HEARING, CASE NO. 81-31 APPLICATION FOR ZONING ORDINANCE AMENDMENT Ayes: 4 Nays: Ayes: 4 Nays: 0 Page No. 1557 October 20, 1981 Councilwoman Witt moved approval of the minutes of the October 6th meeting along with authorization for execution of said minutes by Mayor Lockwood. Councilman Hartmann seconded the motiOn. Acting Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the McNulty Const. Company to designate a new residential zoning district to be known as R*.1B. Acting Mayor Mertensotto turned the meeting over to City Administrator Johnson for a brief description of the application and proposed zoning amendment. City Administrator Johnson stated that on September 10th the applicant's filed a request to amend the Zoning Ordinance. Mr. Johnson explained the existing residential districts contained within the ordinance structure. He stated that the applicants request the City to consider an amendment to create an R-1B District which would require lots of 30,000 square feet. He stated that the notice of hearing had been published in the legal newspaper for the City, and distributed a memo from City Planner Dahlgren relative to proposed setbacks and other criteria which should be required if the new district is created. Acting Mayor Mertensotto asked for questions and comments from the audience. Mr. William King asked whether townhouses could be constructed in the R-1B district. Acting Mayor Mertensotto advised that Planned Unit Development applications for townhouse development within the District could be made and considered by the Council. He pointed out that what the Council must consider is whether or not to formulate another density not quite as restrictive as R-1A. There being no further questions or comments from the audience, Councilman Losleben moved that the hearing on consideration and adoption of an R-1B Zoning classification be closed. Councilman Hartmann seconded the motion. Councilman Losleben moved the adoption of Ordinance No. 183, "An Ordinance Amending the Mendota Heights Zoning Ordinance( and Establishing an R-1B Residential Zoning District," incorporating therein the provisions contained in the planner's memo dated September 24, 1981. Councilwoman Witt seconded the motion. Page No. 1558 October 20, 1981 LILYDALE Acting Mayor Mertensotto noted that discussion on request for HI-RISE utility extension to serve a proposed hi-rise in Lilydale, at the intersection of Victoria and T.H. 13 had been continued to this meeting. CRAY RESEARCH FOUNDATION PERMIT Ayes: 4 Nays: 0 Mr. Art Baumeister, representing the developers of the project, stated that Mr. Tony Danna was called out of town and cannot be present for the discussion. He presented the Council with a letter requesting that discussion be tabled to a future meeting. The Council discussed the utility extension request, particularl as the development relates to contiguous Mendota Heights land uses, effects of the proposed development on traffic safety, along with suggested charges for the extension and quarterly sewer useage. Acting Mayor Mertensotto asked for questions and comments from the audience. As the result of the discussion, the Council directed that the developers meet with staff to discuss connection and useage charges along with possible compromises by the developer in the height of the proposed structure. Further discussion on the matter was continued to November 17th. Mr. Jim Harris, from Cray Research, and Mr. Dennis LaFrance from Architectural Alliance, were present to request approval of a foundation permit for a 30,000 square foot addition to the Cray Research facility. Public Works Director Danielson advised the Council that in order to accomplish proper drainage, the City must acquire a drainage easement over the Cray property. Mr. Harris advised that Cray Research will grant the necessary easement. There was brief discussion over parking requirements. Acting Mayor Mertensotto pointed out that details on parking can be discussed and resolved at the time the building permit is requested from the Council. Councilwoman Witt moved to approve a foundation permit for a 30,000 square foot addition to the Cary Research facility, subject to the granting of a drainage easement as described in a memo from the Public Works Director, and subject to the City's licensing and permit requirements. Councilman Hartmann seconded the motion. FREEWAYS T.H. 13/VICTORIA CASE NO. 81-41, PROGRAMMED LAND Page No. 1559 October 20, 1981 Mr. Richard Elasky, .Assistant Mn/DOT District 9 Engineer, was present to update the Council on the status of freeway construction as it xelates to Mendota Heights. As part of the presentation, Mr. Elasky advised that the 1-494 bridge over the Minnesota River is well under construction and is scheduled for opening in the fall of 1982, and that easterly construction of 1-494 should commence in 1982 with opening scheduled for 1985. Construction of 1-35E from County Road 26 in Eagan to T. H. 110 is scheduled for construction beginning in 1982 and freeway opening in 1984. Councilman Losleben asked whether the construction schedule is based on present available funding or on anticipation of future funding. Mr. Elasky stated that financing is based on previous federal allocations to the State. In response to a question from Acting Mayor Mertensotto, Mr. Elasky advised that Mn/DOT will be requesting approvals from the City for 1-35E plans in February or March of 1982, and that a decision on the type of design for 1-35E through St. Paul will be made prior to that time. Acting Mayor Mertensotto stated that the City is vitally interested in the design through St. Paul, and the timing of the completion of both 1-494 and I-35E. He also pointed out that if a parkway system is constructed for I-35E through St. Paul, Mendota Heights will make a similar demand in order to discourage truck traffic exiting 1-35E northbound onto T.H.110 Mr. Elasky acknowledged the concerns and stated that completion of 1-494 has a higher priority than completion of I-35E. There was also brief discussion over the possible installation of early warning signals on both east and west bound T. H. 110. The Council acknowledged a letter from Douglas Differt, Mn/DOT District Engineer,relative to the intersection of T. H. 13 and Victoria. The Council pointed out their concerns over traffic hazards at the intersection, particularly at the 1-35E off-ramp onto T. H. 13. Mr. Elasky explained some revisions scheduled to be made in 1983. There was considerable discussion on potential ways to reduce the problem, including realignment of Victoria and redesign of the intersection. Public Works Director Danielson was directed to contact the County Highway Engineer to relate the Council's concerns over the intersection. ) Representatives of Programmed Land were present to request approval of a conditional use permit to allow grading on the south half of the Carew Business Center plat. Public Works Director Danielson advised the Council that in the developer's agreement signed at the time of platting, the City acknowledged that filling of the site would be necessary at some time but that on-site fill was not available. He advised that the applicants propose to use excess fill from the construction of 1-494 at T. H. 55, and that 80 to 100 cubic yards of fill will be Ayes: Nays: 0 ESCROW DEPOSITS Ayes: 4 Nays: 0 MISCELLANEOUS Page No. 1560 October 20, 1981 necessary. He suggested that the Council waive the public hearing requirement and approve the permit. Acting Mayor Mertensotto acknowledged that the filling of the south half of the plat had been addressed at the time of final platting and noted that the only contiguous property owner, Cray Research, had been notified and has not objected to the proposal. After discussion, Councilman Hartmann moved to waive the requirec hearing and grant a conditional use permit for the filling of Lots 1, 2 and 3, Block 2, Carew Business Center, conditioned upon receipt of a $10,000 surety, the filling to be consistent with the terms of the developer's agreement dated June 19, 1979. Councilwoman Witt seconded the motion. The Council acknowledged a memo from Public Works Director Danielson recommending the return of escrow deposits received from Norbert Berg, Richard Lachenmayer, and Dr. Charles McCarthy submitted to protect the City against possible damages to imcomplete public improvement construction during construction of three residences in the Valley View Oak Addition. Councilwoman Witt moved to approve return of the escrow deposits as recommended. Councilman Losleben seconded the motion. Public Works Director Danielson advised the Council of a recent, very serious watermain break on Chippewa Avenue. The Council directed that letters be sent to the St. Paul Public Works Department and the City of South Saint Paul for their assistance in the matter. LCS SEWER Public Works Director Danielson distributed and reviewed a EXTENSION feasibility report on a request from the LCS Company for a sanitary sewer extension to serve its facility. He advised the Council that the LCS property is included in the Tax Increment Financing District, and a sewer extension to the MAC area, which would serve LCS, is proposed to be constructed in approximately two years. He pointed out that the problems with the LCS on-site thewage facility are severe. He recommended that the extension to LCS be considered an emergency, that informal bids be solicited so that the construction can be completed as soon as possible, and that assessing for the project be considered at such time as the T.I.F. extension to the MAC property is completed and assessed. He pointed out that the LCS on-site disposal system can no longer be corrected. Ayes: 4 Nays: 0 ENGINEERING TRANSITION Ayes: 4 Nays: 0 CABLE TV Ayes: 4 Nays: 0 Page No. 1561 October 20, 1981 Acting Mayor Mertensotto pointed out that the Council must consider the health and welfare of the 65 LCS employees in making its decision on the sewer extension request. Councilman Mertensotto moved the adoption of Resolution No. 81-78, "Resolution Directing Preparation of Plans and Specifications and Dispensing With Norma Bidding Procedures (Improvement No. 79, Project No. 7," and determining that an emergency health situation which can only be resolved by emergency installation of a sanitary sewer extension. Councilman Losleben seconded the motion. The Council acknowledged a memo from Administrator Johnson relative to the transition of engineering services, and recommending the employment of Ed Kishel as City Engineer and Tom Knuth as Engineering Aide IV. Councilman Hartmann moved to approve the employment of Edward Kishel and Tom Knuth based on the compensation and benefit conditions specified in the Administrator's memo. Councilwoman Witt seconded the motion. Cable TV Commission Chairman Dave Zemke was present to update the Council on Commission activities and to recommend adoption of a resolution supporting a joint cable commission. Mr. Zemke advised the Council that of the $2,000 appropriated to the Commission in September, 1980, only $880 was expended, leaving a fund balance of $1,120. Acting Mayor Mertensotto felt that the statement in the proposed resolution relating to financing is too broad and should be more specific. Councilman Losleben expressed concern over the life expectancy of cable television. The Council commended Mr. Zemke and the Commission for their efforts on behalf of the City. Councilwoman Witt moved the adoption of Resolution No. 81-79, "Resolution Supporting Joint Cable Commission, Authorizing Appropriations and Appointing Representatives," as amended ( ) to stipulate that the Council will appropriate a maximum of -/ $1,000 under the joint powers agreement. Councilman Hartmann seconded the motion. Page 1562 October 20, 1981 ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Time of adjournment: 10:44 o'clock P.M. By ATTEST: /7/Ltz:-., Charles E. Mertensotto Acting Mayor thleen M. Swanson City Clerk