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1982-05-04 Council minutesPage No. 1645 May 4, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 4, 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 Sodth 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, Coun6ilmembers Hartmann, Mertensotto, Losleben and Witt. APPROVAL OF Councilman Hartmann moved approval of the minutes of the MINUTES April 20th.meeting with correction. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Losleben CONSENT CALENDAR Councilman Losleben moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. 1. Approval of the List of Claims dated May 4, 1982 and totalling $ 85,267.59. 2. Approval of the List of licenses, granting licenses to: Virg Luken's Professional Pools, Mowers Construction Co. Ron Birch Custom Builders, Inc. Ri-Go Buildiers, Inc. Blue Line Construction Kuehn's Excavating Mack's Excavating Keith Anderson Masonry Inc. General Contractor General Contractor General Contractor General Contractor General Contractor Excavating License Excavating License Masonry License 3. Approval of the Code Enforcement Officer's monthly report for April. 4. Approval of the Planning Commission Minutes for April 27th. 5. Approval of the appointment of Michael Maczko to the Volunteer Fire Department. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE #82-05, Public Works Director Danielson advised the Council that since BUESING BROTHERS the last Council meeting staff has met with Buesing Brothers, TRUCKING (RESURREC- Mn/DOT, and Keith Wehrman to discuss how future Mn/DOT TION CEMETERY) Page No. 1646 May 4, 1982 construction.affects drainage in the Lemay Lake area. Mr. Danielson reviewed charts prepared by Wehrman Associates and said that he does not believe the filling process proposed by Buesing Brothers on Resurrection Cemetery property will increase the runoff or increase the lake level at all and should have no negative affect. He did note, however, that construction of TH 55 to four lanes has increased the runoff into Lemay Lake. Mr. Danielson stated that staff has been working with Mr. Wehrman to design the holding pond so that TH 55 runoff will flow into the holding pond and then into Lemay Lake through a controlled outlet. He then reviewed the feasibility of extending to Lemay Lake the existing Transport Drive storm sewer pipe. He indicated that Mn/DOT has expressed a willingness to work with the City to drain the water from their proposed storm water detention pond on the west side of.TH 55 to another direction and to provide for Lemay Lake to have a controlled outlet when the Mendota Interchange project is constructed. He stated that the City can either do a project now to connect the storm sewer line from Transport Drive to Lemay Lake, or the City can wait to consider any construction until after the Mendota.Interchange project is a reality. He indicated that he believes it will be at least ten.years before the surrounding property is developed enough to warrant a storm sewer extension. The Council concurred that the appropriate time for drainage improvements would be during the construction of the Mendota Interchange project. In response to a question.from the Council, Attorney.Winthrop stated that the City may require Resurrection Cemetery, as a condition of the conditional use permit approval, to maintain the proposed detention pond and control structure. He suggested that an agreement be prepared, and executed by the landowner, and then recorded at the County offices. Mr. Charles Tierney, representing Resurrection Cemetery, stated that such an agreement would be agreeable to the Cemetery officials. After further discussion, Councilman Mertensotto moved the adoption of Resolution No. 82'-45, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR BUSSING BROTHERS/ RESURRECTION CEMETERY FILLING!, along with approval of a developers agreement with Buesing Brothers, Inc., and subject to execution of an agreement by Resurrection Cemetery for the maintenance of the proposed detention pond and controlled outlet. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Page No. 1647 May 4, 1982 CASE NO.81-27 Mrs. Jeanette Thera Nelson was present to request final THERA, approval of the plat for the division of Lot 7, Vandall's SUBDIVISION Outlots. It was noted by the Council that the plat survey indicates location of a driveway to the existing structure crossing the newly created lot. It was also noted that both the survey and the memo prepared by the Code Enforcement Officer/Public Works Director indicate that an existing foundation on the proposed new parcel encroaches on the First Avenue right-of-way. Mrs. Thera advised the existing structure is in the process of being sold and that a condition of the purchase agreement is that the new owner shall provide a new. access, thus eliminating the existing access through the proposed lot. She also indicated that the foundation which encroaches on the right-of-way will be removed after application for the building permit for the new lot is submitted. She indicated to the Council that the new parcel will be up for sale but that she would like to build a new residence for herself on it. Councilman Hartmann moved the adoption of Resolution No. 82-46, "RESOLUTION APPROVING NELSON LOT DIVISION", on the condition that access be provided to the existing structure entirely on the existing lot, that the right-of-way encroachment will be removed prior to granting of a building permit for the new lot, also subject to receipt of the $600 park contribution for the new lot, and.that a part of the lot division approval be the granting of variances as to frontage on each lot and a rear yard setback variance for the existing barn structure at the northwest corner of the existing lot. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a letter from Howard Engnell of Thorpe Brothers Realtors, on behalf of Mrs. Ethel Rosene, relative to a proposed recycling of solid wastes use for the Sports Power (DeLisi) structure located on TH 13. City Administrator Johnson advised the Council that Planner Dahlgren and staff members have met with both parties several times and that Mr. Engnell is now asking for discussion of the matter at a Council meeting. He stated that the applicant has suggested that their proposed use is scientific and research oriented and that they ask for an interpretation by the Council whether this is a legitimate use for Industrially zoned property. It was the concensus of the Council that the proposed use constitutes a recycling center, and not a scientific or research US6, and that such use is not appropriate for the site. Mr. Johnson was directed to advise the applicants that as far as the Council is concerned the proposed use does not fit within the meaning of proper use of the industrial district. COMMUNICATIONS The Council acknowledged receipt of a letter from John W. S haffer - of ' Shaffer and Associates Communications Consultants, reque*sting approval of the possible future use of the City water tower as an antennae site for installation of a "cellular" aerial telephone system. Mr. Johnson indicated that Mr. . Shaffer Page No. 1648 May 4, 1982 has offered a rental amount of $400 to $.600 per month for use of the tower. In response to Council concerns over height restrictions by the FAA, City Attorney Winthrop advised that this problem.must be resolved between the applicant and the FAA, and approved by the FAA. Mayor Lockwood suggested that the City Council should be given pictures of the proposed antennae to determine what it will look like if located on the water tank. It was the concensus of the Council that the City may be interested in the proposal but__must first -see -the design and negotiate monetary remuneration. Administrator Johnson was directed to contact Mr. Schaeffer, advising him of the Council's concensus. INDUSTRIAL PARK The Council acknowledged a memo from the Code Enforcement SIGNS Officer relative to alternate sign provisions for the Industrial zone and it was noted that the Planning Commission had discussed and taken action on the matter at the April 27th commission meeting in response to a request and alternate signage manual prepared by United Properties. City Administrator Johnson recommended that if the Council agrees with alternate signage in the industrial park, an amendment to the sign provision in the Zoning Ordinance should be prepared and adopted. After discussion, the Council directed staff.to proceed with preparation of an ordinance amendment to provide for alternate signage requirements in the industrial district as contained in the United Properties brochure. PARK MATTERS Park Commission member Doffing was present and suggested that the Council consider a City Clean-Up Day for 1983. The matter was referred to the Park Commission for additional consideration and for discussion during preparation of the 1983 budget. MARIE AVENUE City Engineer Kishel distributed and reviewed a tabulation of CONSTRUCTION bids received for the construction of Marie Avenue from Lexing- ton to Victoria. He advised the Council that Cannon Valley Construction Company, the low bidder, is a new company, and that investigation of the firm indicates financial soundness. He therefore recommended that the awared be made to Cannon Valley Construction. Councilwoman Witt moved the adoption..of Resolution No. 82-47, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR MARIE AVENUE CONSTRUCTION (IMPROVEMENT NO.b`, PROJECT NO. ( ), and awarding the contract to Cannon Valley Construction Co., for their low bid of $163,392.00. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 DUPONT ADDITION City Engineer Kishel reviewed a tabulation of bids received for IMPROVEMENTS construction of the DuPont Addition sanitary sewer, water, storm sewer and street construction improvements. Page No. 1649 May 4, 1982 Councilman Losleben moved the adoption of Resolution No. 82-48, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR DUPONT ADDITION IMPROVEMENTS (IMPROVEMENT NO. 81, PROJECT NO. 8 )", awarding the contract to the Robert W. Moore Company for their low bid of $86,282.00. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 ENGINEERING STATUS Engineer Kishel reviewed the engineering status report for REPORT April, 1982. FREEWAY CONSTRUCTION City Engineer Kishel advised the Council that Mn/DOT has received bids for the construction of I-35E from TH 110 to 1-494. He advised that the City trunk sewer line running parallel to I-35E was moved westerly 100 feet and that Mn/DOT has requested that the City release its existing trunk sewer easement which would run under the freeway. He recommended that the Council execute deed documents to release the easement. City Attorney Winthrop recommended that the Council execute the agreement on the condition that Mn/DOT in t ' urn, grant to the City replacement easements for the new location.of the sewer line. Councilman Losleben moved to authorize release of the existing trunk sewer easement as described by City Engineer Kishel by quit claim deed, conditioned upon receipt of an appropriate new easement from Mn/DOT. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 TENNIS COURT The Council acknowledged and discussed a memo from Public Works RESURFACING Supervisor Ploumen relative to bids received for the resurfacing of two double tennis courts. After discussion, Councilman Losleben moved to authorize an expenditure of $4,998.00 from the Special Park Fund to Action Courts Inc., for the resurfacing of a double tennis court in Marie Park and one in Friendly Hills Park. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 The Council acknowledged receipt of a memo from Public Works Supervisor PlouTmen relative to bids received for the fiber- _ glass utility body for the truck for the Utility Department. In his memo, Mr. Plouiien stated that the low bid received from Truck Utilities and Mfg., does not meet the specifications. He recommended that the Council award the bid to the next low bidder, Truck Outfitters, Inc., for their low bid of $4,201.00. Mayor Lockwood moved to award the bid a fiberglass utility body with metal headboard submitted by Truck Outfitters, Inc. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Page No. 1650 May 4, 1982 LAWCON The Council acknowledged receipt of the document prepared by APPLICATION the Engineering Department to be submitted in support of the City's LAWCON grant application. MAC The City Council acknowledged a letter from the Metropolitan Airports ' Commission requesting the appointment of two represen- tatives from the City to a Joint Committee, which will be formed to establish procedure for disposal of the MAC property located in Mendota Heights. Councilwoman Witt moved that Financial Advisor Shaughnessy tatives to the committee. Councilman Hartmann seconded Ayes: 5 Nays: 0 Councilmember Mertensotto and be appointed as City represen- the motion. MISCELLANEOUS Administrator Johnson advised the Council that a metro governance commission meeting will be conducted on May 5th and asked what input the Council might wish to make at the meeting. The Council directed that Administrator Johnson attend the meeting on their behalf and report back. MISCELLANEOUS City Administrator Johnson briefly reviewed his memo to the Council on pending matters. The Council discussed the several items included in the memo, determining that City Hall con- sideration should be dropped to the bottom of the list of matters, and that the Fire Station should be given priority. After a brief discussion, Councilwoman Witt moved that a special work meeting be conducted at 7:30 on May 11th, to discuss the matters contained in Administrator Johnson's memo "Where Do We Go From Here". Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The City Clerk distributed copies of a draft "on-sale" liquor ordinance for future discussion. The City Clerk advised the ' Council that staff has begun preparations for internal preparation and printing of the City's newsletter on an experimental basis. ADJOURNMENT There being no further business to come before the Council, Mayor Lockwood moved that the meeting be adjourned to 7:30 P.M. on-May 11th. Councilwoman Witt.seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:10 o'clock P.M. K/thleen-'R. Swanson, City Clerk ATTEST: 44d_,� o�_0_0_i Robert G. Lockwood, Mayor