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1982-07-06 Council minutesPage No. 1667 July 6, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 6, 1982 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, Ibndota Heights, Minnesota. Acting Mayor 1\,brtensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Mertensotto, Councilman Losleben and Councilwoman Witt. Mayor Lockwood and Councilman Hartmann had notified the Council that they would be out of town. APPROVAL OF Councilman Losleben moved approval of the minutes of the MINUTES Board of Review meeting held on June 9th with correction. Acting Mayor Nkertensotto seconded the motion. Ayes: 2 Nays: 0 Abstain: 1 Witt Councilman Losleben moved approval of the minutes of the June 15th meting. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 Councilman Losleben moved approval of the minutes of June 21st meeting Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 CONSENT Councilman Losleben moved approval of the consent calendar CALENDAR as submitted and recommended for approval as part of the regular agenda, with the exception of items 4c., memo on Pabst Meat Company's application for building permit, and 4i., letter and proposed resolution from Mn/DOT requesting approval of bridge construction plans and special provisions, as otherwise submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained -:-therein - 1. Acknowledgement of the Association of Metropolitan Municipalities Newsletter for June and a memo on Minnesota Constitutional amendments. 2. Acknowledgement of a memo from the Public Works Director on 1983 Lawcon/LCMR Grant rankings. 3. Acknowledgement of the minutes of the June 2nd Cable Commission meeting, minutes of the June 22nd Planning Commission meeting and minutes of the June 29th special Planning Conmission meting. 3. Acknowledgement of a notice of rate increase from the Public Utility Commission relative to Northwestern Bell telephone rate increases. Page No. 1668 July 6, 1982 5. Adoption of Resolution No. 82-53, "Resolution Accepting Work and Approving Final Payment (Improvement No. 82, Project No. 5)," awarding final payment to F.F. Jedlicki, Inc., for work completed on the N.S.P. storm sewer extension project. 6. Approval of the List of Claims dated July 6, 1982 and totalling $240,262.56. 7. Approval of the list of licenses, granting licenses to: Arrow Fence Abel Construction Biskupski Fire Damage Repair Midwest Roof ing Company Richgels Brothers Construction Tollefson Builders, Inc. T.J. Heating & Air Conditioning Fence Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Heating and Air Conditioning License 8. Approval of the issuance of a cigarette license to Economics Laboratory, Inc. 9. Acknowledgement of the Code Enforcement monthly report for June. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 Case No. 82-11, Acting Mayor Mbrtensotto opened the meeting for the purpose NORTHLAND COMPANY of a public hearing on an application frorri.the Northland CONDITIONAL USE Land Company for a conditional use permit for the filling PERMIT/WETLANDS of Block 3, Mendota Heights Industrial Park. PERMIT Mr. George Burkhards, a representative of Northland present for the meeting, reviewed topographic information and graphics. He explained that the request is for a condition- al use permit and wetlands permit for an area bounded by Mendota Heights Road, Northland Drie, Pilot Knob Road and Transport Drive. Mr. Burkhards advised that Northland is contemplating developing the property into an office/ office-warehouse park with a mix of one story structures along Mendota Heights Road and one to three story structures in the balance of the block. He advised that Block 3 does not lend itself to single story structures because of a 40 foot drop in grade from the southeast to the northwest corner of the property. He state_(! that the soil is basically sugar sand and very erodible and advised that the wetlands area vas actually created by Northland at the time the original grading of the park took place. Mr. Burkhards stated that considerable fill material is available because of the construction of 1-494 and it is proposed to utilize this material for the filling project. He proposed that the area to be filled be Page No. 1669 July 6, 1982 surcharged and that the unstable material be removed. He anticipated that the filling would take approximately one week and advised that haybales will be used to control erosion at all the storm sewer catch basins and that rye grass will be planted to control erosion later if development doesn't occur soon. In response to a question from the Council, he advised that Block 3 consists of 17 acres and that approximately 40,000 cubic yards of fill will be added to the site. Councilman Losleben expressed concern over future drainage particularly in view of the request to fill the wetlands area. He asked whether the developers would reserve to the City the right of final design of a storm drainage system within the area and pointed out his concerns over a lack of on-site ponding. Acting Mayor Mertensotto pointed out that the City installed a storm sewer system in the park and did not incorporate a holding pond at that time. Public Works Director Danielson advised the Council that Mn/DOT intends to provide ponding on the other side of T.H. 13 and meter out storm water from this area into the river. Acting Mayor Mertensotto asked for questions and comments from the audience. Representatives of Surfco advised that the modifications proposed will change the facility from a service station to a gas station. They also requested Council approval of the installation of improved lighting fixtures to replace those existing. They stated that the light poles would be 141 in height to replace the existing 16' poles, There being no questions or comments from the audience, Councilwoman Witt moved that the hearing be closed at 8:00 P.M. Councilman Losleben seconded the motion. Ayes: 3 Nays: 0 Acknowledging Councilman Losleben's concerns over drainage Councilwoman Witt moved the adoption of Resolution No. 82-54, "Resolution Approving Northland Land Company Conditional Use Permit," subject to conditions relating to erosion control, street restoration and seeding, along with approval of the requested wetlands permit, all in accordance with plans submitted with the applications. Councilman Losleben seconded the motion. Ayes: 3 Nays: 0 SURFCO BUILDING Acting Mayor Mertensotto noted that discussion on the PERMIT Surfco Company application for building permit for modifi- cation of the former Skelly Oil station on Dodd and T.H. 110 had been continued from the June 15th meting. He confirmed from the Surfco representatives present that corporate ownership of the facility has not changed from the time that the conditional use permit was issued and that the modifications proposed do not affect the terms of the original conditional use permit. Representatives of Surfco advised that the modifications proposed will change the facility from a service station to a gas station. They also requested Council approval of the installation of improved lighting fixtures to replace those existing. They stated that the light poles would be 141 in height to replace the existing 16' poles, Page No. 1670 July 6, 1982 and that the proposed new fixtures will throw the light down, not broadcast it as is the current situation. It was the concensus of the Council that the remodeling as shown in the drawings submitted with the permit request would not affect the original conditional use permit as long as it is not the intent of the owners to provide for a future convenience store, which would be a violation of the conditional use, and which would not be allowed by the Council. After discussion, Councilman Losleben moved approval of the issuance of a building permit for the Surfco station with the understanding that the conditional use permit is not affected since the structure is still retained in its original ownership and since there is no change in the conditions of that permit, and also approval of the lighting as presented in graphics and photographs presented to the Council, all based on the understanding that the owners' only intent in requesting the permit is to change from a full-service to a self- service operation. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 TANKER TRUCK Administrator Johnson advised the Council that bids were received at 10:00 A.M. this morning for the acquisition of a truck cab and chassis to be modified into a tanker truck for the Fire Department. He advised that only one bid, that of Boyer Ford for a 1977 LN800 was received in response to the advertisement for bids. Members of the Fire Department truck committee were present and recommended awarding the bid to Boyer. After a brief discussion, Councilman Losleben moved to award to the bid for a truck cab and chassis to Boyer Ford for their bid of $12,900 for a 1977 LN800 cab and chassis in as-is condition, the acquisition to be funded by equipment certificate revenues. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 CASE NO. 82-06, Mr. Terrence Dobie was present to request approval of a DOBIE 4318" variance from the wetlands ordinance to allow con- struction of a new home on Lot 10, Block 3, Rolling Green Addition. Mr. Dobie explained that his lot is 150 feet deep and approximately 20 feet of the depth is within the designated wetlands area. He stated that in order to build his home within 100 feet of the designated area, a variance is required. After discussion, Councilman Losleben moved to approve a 4318" variance from the 100' wetlands ordinance setback requirement, conditioned upon proper erosion controls as stated in the Planning Comission and staff recommen- dations, and subject to the Planning Commission recom-ten- Page No. 1671 July 6, 1982 dation that the owner be responsible for stabilizing the fill area so that it does not erode into the ponding area. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 CASE NO. 82-073, Mr. Norman Roth was present to request approval of the ROTH combination and replatting of Lots 2, 3, 4 and 5, Block 10, T.T. Smith Subdivision No.'3. Mr. Roth explained that he proposes to combine the four sixty foot lots and then divide them into three 80 foot lots. Acting Mayor Mertensotto noted that if the replatting is approved, the new lots would still not be 700 of the 15,000 lot size requirement, but acknowledged that the proposal is better than the current platting. Councilman Losleben moved that the hearing requirement be waived and that the lot configuration as proposed be approved, along with approval of 20.02 foot frontage variances for each of the new lots, variances of 4205 square feet from the lot size requirements, and a 417" variance from the sideyard setback requirement for the easterly lot line of the new Parcel A. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 MISCELLANEOUS Dr. Darrell Westover was present relative to a request from the Mendakota Country Club to install a "test fence" around the new practice tee and fairway. Dr. Westover showed the Council a sketch of the newly completed practice tee and stated that the Club is really asking permission to build a permanent 18 foot tall fence along the south - and north sides of the practice range. Acting Mayor Mbrtensotto advised Dr. Westover that the Zoning Ordinance requires a conditional use permit for a fence in excess of 6 feet. He advised that the owners of adjoining property, the Perkegwyn Investment Company, have expressed their opposition to the request, and recommended that the Country Club both apply for a con- ditional use permit and contact the adjacent property owners. MISCELLANEOUS The Council acknowledged receipt of a letter from Robert Burow relative to the condition of the Mendota Plaza Shopping Center. The Council directed that a copy of the letter be submitted to William Sheehy, advising him that he should consider the recommendations made by Mr. Burow, as they were looked on very favorably by the Page No. 1672 July 6, 1982 Council. FIRE STATION The Council acknowledged receipt of preliminary pro- posals from several architects relative to construction of a new fire station, along with rating sheets prepared by the City Administrator. It was the concensus of the - Council that after each Council m ember completes and submits a rating sheet the three firms receiving the best ratings should be invited to submit more specific proposals and be interviewed by the Council. RESIDENTIAL The Council acknowledged receipt of a memo from the ACTIVITY INVENTORY City Administrator listing an inventory of activities inappropriately being conducted in residential districts. It was the concensus; of the Council that a letter should be sent to all property owners on the inventory, pointing out the activity which has been observed and giving them the opportunity to correct the situation before any further investigation is necessary. MISCELLANEOUS The Council acknowledged receipt of a letter from the Association of Metropolitan Municipalities acknowledging receipt of the City's annual dues. MARIE AVENUE BIKEWAY The Council acknowledged receipt of a letter and resolution adopted by the County Board approving funding for the bike path along Marie Avenue from Lexington to Victoria. It was acknowledged that the maximum $14,000 in funding will be based on City participation in a joint maintenance agreement. Staff was directed to pursue such agreement. 911 Administrator Johnson advised the Council that a presen- tation on the "911" system is available to the City. The Council asked that the slide presentation be made at the July 20th Council meeting. CABLE COMMISSION The Council acknowledged receipt of the minutes of the June NDC4 meetings and the agenda for July 7th. Councilman Losleben advised that he has submitted a position paper to the Comnission on behalf of the City. PABST MEATS The Council acknowledged receipt of a letter from Pabst Meats requesting approval of a building permit for minor remodeling in the interior of the facility. The Council also acknowledged a memo from the Code Enforcement Officer recommending approval of the permit. Public Works Director Danielson explained the request, advising that the firm's main operation has been moved and that the proposed remodeling will accommodate the Company's meat boning operation. Councilman Losleben moved approval of the building permit as requested and in accordance with the plans submitted along with the permit application. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 Page No. 1673 July 6, 1982 BRIDGE Public Works Director Danielson explained a request CONSTRUCTION from Mn /DOT for City approval of plans and special provisions for construction of four bridges at the I/35E-494 inter- section. After a brief discussion, Councilwoman Witt moved the adoption of Resolution No. 82-55, "Resolution Approving Mn/DOT Plans and Special Provisions." Councilman Losleben seconded the motion. Ayes: 3 Nays : 0 I/I STUDY Public Works Director Danielson reviewed his memo and proposed resolution approving the recently completed Infiltration/Inflow study. Mr. Danielson recommended that the Council authorized staff to proceed with the next step in the I/I process, that being preparation of a sewer system evaluation study for District 3 as recommended in the I/I study. Ayes: 3 Nays: 0 After discussion, Councilman Losleben moved the adoption of Resolution No. 82-56, "Resolution Approving Infiltration/ Inflow Analysis Report." Councilwoman Witt seconded the motion. The Council gave conceptual approval to the proposed SSES program for District 3 at an estimated cost of $27,775, subject to receipt of a financing report from the City Treasurer. MISCELLANEOUS The Council acknowledged receipt of the Engineering Status Report for June. LIQUOR ORDINANCE The City Clerk distributed copies of a draft on/off sale liquor ordinance for future Council consideration. ADJOURN There being no further busines to come before the Council, Councilman Losleben moved that the meting be adjourned. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 10:14 o'clock P.M. � W2 kz.s , /Kathleen M. Swanson City Clerk ATTEST: Charles E. k4ertensotto Acting Mayor