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1981-09-15 Council minutesPage 1541 Septqnber 15, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA 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. Mayor Lockwood opened the meeting at 7:30 o'clock P.M. The following members were present Mayor Lockwood, Councilman Hartmann, Councilman Mertensotto and Councilwoman Witt. Councilman Losleben had notified the Council that he would be late. CONSENT CALENDAR Ayps: 4 Nays: 0 BBDUET HEARING Councilman Hartmann moved approval of the following consent calendar items , submitted and recommended for approval as part of the regular agenda, along with authorization for exe- cution of all necessary documents contained therein: 1. List og,Claims dated September 15, 1981 and totalling $68,9292.5. 2. The granting of licenses to the following: Urban Saznder Brick & Stone, Inc. The Delory Company Central Roofing Company Ray B. Siebenaler Construction Concrete License Excavating License Roofing License Roofing License 3. Acknowledgement of the following communications: Code Enforcement Officer's Monthly report for August; Fire Department Monthly report for August; Police Department monthly report for June and July; Treasurer's report for August; Park and Recreation Commission minutes, August 25, 1981. Councilman Mertensotto seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed 1982 Budget and turned the meeting over to Administrator Johnson for a review of the Budget proposals. Administrator Johnson explained that the budget hearing is being conducted in accordance with Federal Revenue Sharing requirements. He advised that notices of the hearing had been published in the legal newspaper and distributed copies of a summary of the proposed budget to the audience. He stated that the proposed budget totals $1,268,900 and advised that the Revenue Sharing allocation is proposed to be used to reduce the Public Works Garage construction deficit. Aye: 4 Nays: 0 ABATEMENTS . Ayes: 4 Nays: 0 DUPONT FIRST ADDITION FINAL pLAT, Page1542 September 15, 1981 There was a brief discussion over potential ways to reduce expenditures and also a question over what the total mill levy will be. Administrator Johnson was directed to contact the School District and County for information on anticipated mill rates from those agencies. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Mayor Lockwood moved that the hearing be closed and that discussion on the proposed levy be continued to October 6th. Councilwoman Witt seconded the motion. County Assessor Peterson was present to request approval of an abatement for Parcel No. 27-03800-031-40, owned by Pamela Gryc. Mr. Peterson answered several questions which had been raised by the Council when the matter was discussed on September 1st. After discussion, Mayor Lockwood moved to grant an abatement to Pamela Gryc for Parcel No. 2703800-031-40, reducing the assessed value from $8,700 to $4,350. Councilman Hartmann seconded the motion. Mr. Michael DuPont was present to request approval of the final plat for the Michael D. DuPont First Addition. Mr. DuPont advised the Council that all concerns expressed during preliminary plat review har7e been complied with and that he has received an agreement with the School District relative to assessments. In response to a question from the Council, Public Works Director Danielson advised that approval of the final' plat would acknowledge the granting of variances for lift 4, an undersized lot, and Lot 12 which has only 95 feet of frontage. The Council acknowledged a petition for public improvements to serve the plat along with a feasibility study prepared by the City Engineer. Engineer Kishel reviewed the study and advised the Council that the Public Works Director has recently suggested an alternative to extend utility services to Walsh Lane. Councilman Losleben arrived at 8:24 P.M. Councilman Mertensotto questioned the applicability of easements as shown on the plat in view of the potential fourth alternative for utility construction. Engineer Kishel stated that until the Council determines the best route for utilities, the plat could be approved subject to easements. Mr. DuPont advised that he will grant any necessary easements before any of the lots are sold. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 LILYDALE HI-RISE Page 1543 September 15, 1981 City Attorney Winthrop stated that he can see no problem with granting final plat approval with the understanding that there be no lot sales until all engineering details are worked out and easements are granted. Mr. DiPont was advised that a park contribution of $600 per new lot would be required. Councilman Mertensotto moved the adoption of Resolution No. 81-69, "RESOLUTION APPROVING MICHAEL D. DuPONT FINAL PLAT," acknowledging that Lots 4 and 12 do not meet ordinance requirements, with the understanding that the entire cost of the improvement of Summit Lane be assessed against the plat (except for those costs attributable to benefitting properties on the east side of School Road), that Independent School District 197 will not be required to bear any assessments, and that any and all necessary easements will be granted by the developer prior to sale of any lots within the plat. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 81-70, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF REPORT ON IMPROVEMENTS," directing the City Engineer to complete the feasibility study for the DuPont plat. Councilman Mertensotto seconded the motion. Mayor Lockwood advised the audience that the owners of several properties in Mendota Heights which could be affected by the proposed Lilydale Hi-Rise on Victoria Road/T.H. 13 had been sent notices of an informal hearing on the matter. Mr. Anthony Danna, developer of the site was present for the discussion. Mr. Danna, owner of Gopher Properties, stated that the matter is before the Mendota Heights Council because he has requested the City to serve the site with public utilities. Mr. Danna noted that if the Council does not see fit to approve the utility extension to the proposed 10 story, 30 unit structure, he will proceed with other alternatives for sewer and water servicing. He advised, however, that other alternatives are very costly and inconvenient. Mr. Danna and Architect Robert Ackermann reviewed architect's renditions of the proposed structure for the audience. There were several concerns expressed by members of the audience, including such concerns as traffic safety, fire servicing, aesthetics and the obstruction of views from Mendota Heights properties. •••,.,• • Page 1544 September 15, 1981 Mr. Gerald Frisch stated that he resides near the site and that he and his neighbors are concerned about traffic and aesthetics, including the exterior appearance of the structure. He stated that the original plans indicated a stone veneer and asked what the current plans indicate. Mr. Danna stated that Kraus-Anderson construction will build the $5.5 million structure and that the exterior will be first-class in appearance. He stated that he understands the concerns over traffic safety and shares that concern. He stated that he will work with Mendota Heights on the traffic situation although he does not believe the project will create any significant impact. He pointed out that the developers will work within any conditions imposed by the City, they will pay assessments for the utilities and will do whatever they can to be a good neighbor. Mr. Ackermann discussed site lines and advised that the contours of the hill will not be changed as the result of construction. He stated that the exterior of the structure will be white, probably marble, brick or stucco, and the windows will be solar bronze glass. Mrs. Phyllis Ettinger asked whether consideration had been given to access to T.H. 13 rather than Victoria, and whether a traffic study had been done. Mayor Lockwood stated that the City should ask the County Traffic Engineer for a report on the matter. Mr. Danna stated that he would have no objection and would certainly consider any suggestions the County might make. Mr. Frisch stated that he had suggested to the original developer that the structure be seven, rather than ten, stories but that the developer refused. He asked Mr. Danna if he would consider that compromise and felt that seven stories, and 21 units, would reduce concerns over both aesthetics and traffic. Mr. Danna stated that if the project were in its initial stages he could agree with the proposal, but a considerable amount of money Was spent on property acquisition and plans and it would not now be economically feasible to reduce the size of the project. In response to Council concerns over fire safety, Mr. Ackermann stated that fire servicing will be handled withinIthe building as it is fully sprinkled. Mr. Ackermann also responded to questions over the grade of Victoria Road. After considerable discussion, the Council directed that the matter be continued to October 20th to allow consideration of traffic and safety considerations. Mr. Danna was directed to request the County Traffic Engineer to be present at the October 20th meeting. Mayor Lockwood pointed out that the Council would also like to have an indication at that time from the developer as to whether some compromise is feasible. Page 1545 September 15, 1981 CASE NO. 81-O, City. Attorney Winthrop adviSed. the. Council that the Krajniaks' KRAJNIAK attorney has again requeSte 4. .two week delay in the discussion of the wetlands permit application. Discussion on the matter was tabled to October 6th. BIFULK VARIANCE Ayes: 5 Nays: 0 INDUSTRIAL REVENUE BOND REQUEST. COMMISSION APPOINTMENT Ayes: 5 Nays: 0 CIVIL DEFENSE Mr. Phillip Bifulk, 2108 Timmy Street, was present to request approval of a 11 foot variance to allow construction of a deck enclosure. Mayor Lockwood stated that Planning Commission Chairman had received the variance request from Mr. Bifulk and had polled the members of the Commission for their. input. He had advised Mayor Lockwood that the members have approved of the variance in the phone polling. Councilman Mertensotto stated that the Council would like to have written consent from neighboring property owners. Mr. Bifulk stated that the neighbors have given him their oral approval and that he would provide the City with letters of consent before he takes out the building permit. After discussion, Councilwoman Witt moved approval of a 11 foot setback variance subject to receipt of the appropriate variance application and fee along with the necessary building permit. Councilman Losleben seconded the motion. The Council acknowledged a letter from Mr. Roger Gordon, Attorney for Robert Tousignant and Engineered Concrete Placer, requesting the establishment of a public hearing date for consideration of industrial revenue bonds to finance the purchase of equipment to be used in connection with the operation of Engineered Concrete Placer. City Attorney pointed out that the request presents a question of policy. He stated that the applicant requests bonding to finance'equipment and the Council's written policy on Industrial Revenue Financing excludes bonding for rolling stock. It was the concensus of the Council that the established policy should not be changed and the determination of the Council that the application is contrary to City policy. The Council directed the City Administrator to so advise the applicant. On the recommendation of Mayor Lockwood, Councilman Losleben moved that.Mr. Robert Doffing, 1900 Twin Circle Drive, be appointed to the Park .= Commission to complete the unexpired term of-Mr. Richard Abraham. Councilwoman,Witt seconded the motion. The Council acknowledged and discussed a memo from Civil. Defense Coordinator Thul requesting authorization to order civil defense sirens Page 1546 September 15, 1981 Administrator Johnson advised that the acquisition of the proposed sirens can be financed through Equipment Certificate proceeds and recommended that the request be approved. After discussion, Councilman Losleben moved that Civil Defense Coordinator Thul be authorized and directed to proceed with the purchase of civil defense warning sirens, the cost of said sirens and installation to be financed by Equipment Certificate proceeds. Councilman Hartmann seconded the motion. The Council acknowledged receipt of a tabulation of bids received for the construction of Northland Drive/Transport Drive improvements. Engineer Kishel recommended that the contract be awarded to the low bidder, the Richard Knutson Company of Burnsville, for their low bid of $497,565.70. CouncilMan Hartmann moved the adoption of Resolution No. 81-71, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR NORTHLAND DRIVE/TRANSPORT DRIVE IMPROVEMENTS (IMPROVEMENT NO. 81, PROJECT NO. 6)," awarding the bid to the Richard Knutson Company for their low bid of $497,565.70. Councilman Losleben seconded the motion. The'Council acknowledged a memo from Public Works Director Danielson recommending that final payment be awarded to William Murr Plumbing, Inc. for work completed on the Friendly Hills watermain and waterservice modification project. Councilman Mertensotto moved the adoption of Resolution No. 81-72, "RESOLUTION ACCEPTING WORK AND AWARDING FINAL PAYMENT (IMPROVEMENT NO. 78, PROJECT NO. 4)," authorizing final payment of $8,672.53 to William Murr Plumbing, Inc. for work completed on the project. Councilman Hartmann seconded the motion. The Council acknowledged a memo from Public Works Director Danielson relative to requests received for consideration of the rezoning of land north of the MAC area. Mr. Danielson recommended that the Council begin the process necessary for rezoning in accordance with the requests. Councilman Losleben moved that the Council initiate proceedings for the rezoning from residential to industrial those properties lying north of the MAC area and described in the Public Works Director's report. Councilman Mertensotto seconded the motion. The matter was referred to the Planning Commission for processing. MISCELLANEOUS Ayes: 5 r- ) Nays: 0 MISCELLANEOUS Page No. 1547 September 15, 1981 The Council acknowledged a letter from Mr. T.F. Baker requesting the issuance of a temporary 3.2 beer license in connection with St. Peter's Church annual festival to be conducted on September 19 and 20, 1981. Councilman Losleben moved that a temporary 3.2 on-sale beer license be granted to St Peter's Church as requested and that the license fee be waived. Councilman Hartmann seconded the motion. The Council briefly discussed concerns over the informal Planning Commission processing of planning applications. It was noted that such informal processing does not allow sufficient staff study or reports nor formal review prior to Council consideration. It was the concensus of the Council that planning applications should be processed in accordance with Ordinance provisions. ADJOURN There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes:5 Nays: 0 Time of Adjournment: 11:34 o'clock P.M. 1t4'ne.44/ $44:o.Akzot.,1 K hleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor