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1982-04-20 Council minutesPage No. 1637 April 2Q,. 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 20,1982 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, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Mertensotto and Witt. Councilman Losleben had notified the Council that he would be out of town. APPROVAL OF MINUTES Mayor Lockwood moved approval of the minutes of the April 6th meeting. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilman Hartmann 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 April 20, 1982, and totalling $ 50,888.97. 2. Approval of the List of Licenses, granting licenses to: Southview Design & Const. Co. General Contractor Ken Anderson Const. General Contractor Welter & Blaylock, Inc. Excavating AR-Jay Excavating, Inc. Excavating Romy Concrete, Inc. Concrete License 3. Approval of the.issuance of an off-sale 3.2 non-intox- icating malt beverage license to Country Club Markets, Inc. 4. Adoption of Resolution No. 82-38, "RESOLUTION DIRECTING APPLICATION FOR LAWCON FUNDS". 5. Approval of the Fire Department and Treasurer's monthly reports for March. 6. Approval of the permanent appointment of Guy Kullander as Engineering Aide III, effective on May 19th. 7. Approval of the permanent appointment of Mrs. Diane Ward as Engineering Secretary, effective on May 10th. 8. Acknowledgement of the minutes of the April 12th Planning Commission meeting, the March 9th Park and Recreation Page No. 1638 April 20, 1982 Commission meeting and the April 7th Northern Dakota County Cable Communication Commission. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 BID OPENING, Financial Advisor Shaughnessy opened bids received for the IMPROVEMENT BONDS issuance of $1,400,000 Temporary Improvement Bonds and $1,350,000 Permanent Improvement Bonds. The following bids were receivedfor the temporary issue: First National Bank of St. Paul bid 9.23% Piper, Jaffrey & Hopwood bid 9.43% Banc Northwest bid 9.14% interest The following bids were received for the permanent issue: First National Bank of St. Paul bid 10.45% Piper Jaffrey & Hopwood bid 10-47% Banc Northwest bid 10.24% Dain, Bosworth bid 10.29% interest. MISCELLANEOUS Mr. William Sheehy, of Sheehy Properties, and Mr. Pat Maglich of MGM Liquors, were present to request Council adoption of provisions to allow the issuance of an off -sale liquor license to MGM Liquors to operate a facility in the Mendota Plaza Shopping Center. Mr. Sheehy advised the Council that his firm proposed.major renovation of the shopping center, including screening of the roof top ventilation.system and trash areas, replacement of ceiling tiles, removal of outdated signs, changing the metal facade of the front ofithe structure, painting of the structue and painting and patching on the rear of the facility. Mr. Sheehy stated that the MGM operation in the center would promote interest by new retail clients and will be a catalyst for his firm to make improvements.to the center. He advised that MGM is interested in leasing 12,000 square feet adjacent to Snyders, and that approx- imately 5,000 square feet of space will then be available for other retail enterprises. The Council suggested, and discussed with Mr. Sheehy, the desireability for a hard- ware store in the center. Councilman Mertensotto suggested that parking spaces be provided at the rear of the facility to.encourage greater access at the south entrance to the building. Mr. Maglich reviewed the history of the MGM operation for the Council, advising that they currently operate 18 retail stores and provide high quality service and selection. He asked the Council to enact a private off- sale liquor Ordinance and to,consider MGM as a license candidate. Mayor Lockwood advised Mr..Maglich and Mr. Sheehy that no action can be taken immediately by the Council and that any Page No. 1639 April 20, 1982 action on the.,matter would.be..at least,two.to.three months into.the future. He also.asked Mr.'Sheehy how he would react to interest by the Wilder Foundation in using a portion of the Sheehy property for a senior citizen facility. Mr. Sheehy advised that his firm would be very favorable to an elderly housing facility on the approximate 3.6 acres of land available south of the shopping center. HEARING, CASE NO. Mayor Lockwood opened the meeting for the purpose of a 82-04, TOUSIGNANT pbulic hearing on an application from Robert Tousignant for a wetlands permit and conditional use permit to fill land located northeast of the future intersection of I-35E and 1-494. Mr. Tousignant and his representatives, Jerry Buesing and Mary Eggum from Buesing Brothers Trucking and Keith Wehrman from Wehrman Associates, Inc., were present for the dis- cussion. Mr. Eggum advised the Council that he and the other representatives have met with representatives of St. Thomas Academy and Visitation Convent and other owners of all property within 350 feet of the site to explain the proposed filling operation. Mr. Wehrman explained the existing and proposed contours, site lines and wetlands area. He advised that the drainageway which currently exists on the site will be left as is. Mr. Wehrman reviewed a plan for the proposed grading along with the original drain- age plan and an alternate plan to respond to staff concerns. He stated that approximately 370,000 cubic yards of fill would be placed on the site. The process would.involve scraping and stockpiling the good topsoil, excavating any unstable material, placing of the fill and replacing the topsoil. Public Works Director Danielson explained the drainage proposals and recommended that the alternate.design be required as part of the permit approvals rather than being delayed until the property develops. In.response to a question from the Council, Mr. Eggum advised that access to and from the site during the filling and grading process will be from 1-494 right-of- way so that traffic will not be disrupted on Mendota Heights Road. He also advised that the applicants will bear all responsibility for the clean-up of any fill material which might spill onto Mendota Heights Road and for any damage to the road surface in the event that Mendota Heights Road is necessary for access at times during the filling. ' Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Mayor Lockwood moved that the hearing be closed at 8:58 P.M. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 HEARING, CASE NO. Mayor Lockwood opened the meeting for the purpose of a 82-05, BUESING --public hearing on an application from Buesing Brothers BROTHERS TRUCKING/ Trucking, for a conditional use permit and wetlands permit RESURRECTI ON for the filling of Lots 2 and 3, Block 1, Medallion CEMETERY Page No. 1640 April 20, 1982 Industrial Park and Lots 29 through 35 and 37 through 42 of Auditor's Subdivision No. 34 Mr. Charles,Tierney, representing the Catholic Cemeteries, and Mr. Mary Eggunj Mr. Keith Wehrman and Mr. Jerry Buesing, representing Buesing Brothers Trucking, were present for the discussion. Mr. Eggum advised the Council that the applicants have conducted an informal meeting with the owners of all property located within 350 feet of the proposed filling site. He stated that the approximately 53 acre site consists of the southwest corner of the Resurrection Cemetery property and two lots in the Medallion Industrial Park. Mr. Wehrman reviewed the grading and drainage plans for the project. He advised that the topsoil•.:,will be stripped and stockpiled, filling will be accomplished, and the topsoil will be replaced. He stated that the cemetery property will then be seeded with alfalfa, rye grass and timothy for haying purposes and to keep the land in presentable condition. He advised that the wetlands for which the permit is necessary is a 40 foot deep ravine on the cemetery property. It is planned that the ravine be filled and replaced with a holding pond which will have a controlled outlet to LeMay Lake and which is designed for a 100 year storm and then doubled. Mr. Wehrman stated that the applicant proposes to place approximately 900,000 cubic yards of fill on the site and that trees will be planted around the site to give site protection between the site and private properties around the area. He stated that if the permits are approved, construction should be completed by the fall of 1983. In response to a question from Councilwoman Witt, Mr. Eggum advised that site access will be across Lexington. Avenue and possibly across TH 55 and that Medallion Drive might be necessary for access to a portion of.the site. He stated that the contractor will take whatever precautions are necessary to protect Medallion Drive and will give the City a bond to cover any damages. Mayor Lockwood asked for assurance that the grading and filling will not affect any aquifer recharge area or sub- terranian drainage systems. Councilman Mertensotto was. concerned over the lack of outlet from LeMay Lake and over future potential flooding damage to surrounding property. He suggested that staff should analyze existing and future drainage in the entire quadrant. Mr. Wehrman stated that the contractor has bent over.back- wards preparing the drainage plan because of past problems with Lake Augusta and assured the Council that the plan is considerably better than the current situation. Mayor Lockwood asked for questions and comments from the audience. Page No. 1641 April 20, 1982 There being no questions or comments, Councilwoman Witt moved that the hearing be closed at 9:50 P.M. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilman Mertensotto moved the adoption of Resolution No. 82-41, "RESOLUTION GRANTING CONDITIONAL USE PERMIT AND WETLANDS PERMIT TO ROBERT TOUSIGNANT", conditioned upon Bues- ing Brothers Trucking, Inc., entering into a developers agreement with the City, agreeing to meet all of the pro- visions set forth in a memo from the Public Works Director dated April 6, 1982. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 The Council directed the Public Works Director to review and report on Mn/DOT plans, the Buesing Brothers plan for the Resurrection Cemetery property and existing drainage characteristics in the LeMay Lake and Lake Augusta area for review by the Council on May 4th. Mr. Eggum and Mr. Buesing advised the Council that the developers will enter into a developers agreement incorporating any and all recommendations which may be made by the Public Works Director as the result of his study. Mayor Lockwood moved to grant a conditional use permit and wetlands permit to.Buesing Brothers,Inc., and Resurrection Cemetery conditioned upon the applicant being willing to accept any and all engineering changes determined prudent by the City's staff and Mn/DOT, such changes to be approved by the City Council. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS Park and Recreation Commission Chairman Bayless updated the Council on the status of the City's LAWCON application and his discussions with the School Board. ELDERLY HOUSING The Council acknowledged and discussed a letter from the Wilder Foundation expressing interest in sponsoring, constructing and managing an elderly housing facility in the City. The Council also acknowledged a memo from the City Administrator giving a history of a similar housing application filed by Wilder in 1980. Administrator Johnson advised the Council that he will meet with Mr. Manning, of the Foundation, and the Metropolitan Council to discuss the matter further. Metropolitan Council representative.Kathy Ridder, present for the discussion, stated that she believes the Metro Council would be more amenable to such an application now than it was two years. She asked to be kept informed on the City's progress on the matter. Page No. -.1.642 April 20, 1982 SURFACE WATER The Council members discussed the matter of the Metropolitan MANAGEMENT PUBLIC Council conducting a public hearing on its.Surface Water BEARING Management Plan. Administrator Johnson advised the City Council that the new Surface Water Management Act, Chapter 509, Laws of 1982, is an entirely different approach than the previously published Surface Water Management Plan. He stated that since Chapter 509 is a legislative mandate, I it seems incongruous that other approaches would be seriously discussed at this time. The City Council directed the Administrator to prepare a response to the Metropolitan Council, indicating that the City position supports the provisions of Chapter 509. Also, only those portions of the Metropolitan Council's Surface Water Management Plan that reflect facts and research should be used in formulating local drainage planning. MISCELLANEOUS Mayor Lockwood was excused at 10:30 P.M. OPTICOM Fire Marshal Gene Lange was present to discuss his memo recommending the purchase of five Opticom emitters for the Fire Department. It was noted that the $17,735 cost estimate for the emitters and intersection equipment and TH 55/Mendota Heights Road and TH 149/110 is approximately $10,000 less than was approved in the 1982 CIP budget. Councilman Hartmann moved to authorize an equipment cer- tificate expenditure of a maximum of $17,735 for opticom system equipment in accordance with the Fire Marshal's memo. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 FIRE STATION Fire Chief Noack and Fire Marshal Lange were present to discuss a proposed site and layout for a new fire station. Captain Lange advised the Council that approximately 25 architectural proposals have been received as the result of a premature notice in the Construction Bulletin. He also pointed out that the Mn/DOT maintenance facility bids were approximately 25% under estimate. He urged the Council to take some positive action in view of the favorable trend in construc- tion costs. He proposed that the facility be located on a 3'-2 acre site south of the Werneke property on Dodd Road currently owned by Perkegwin Investments. Mr..Sherman Winthrop, a member of Perkegwin Investments, asked the Council to consider purchasing a portion of the Werneke property and move the site further north, keeping the fire facility on the northern portion of the site. It was the general concensus ofithe Council that the central fire facility should be located on or in:.close proximity to the Werneke property. Staff was directed to pursue study of the site, meet with Perkegwin Invest- ment and come back to the Council on May 4th for site approval. Page No. 1643 April 20, 1982 BID AWARD After confirmation of the bids received for permanent and temporary bonds, Councilwoman Witt moved the adoption of Resolution No. 82-39, "RESOLUTION ACCEPTING BID ON SALE OF $1,400,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF 1982, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF", awarding the bid to Banc North- west for a net interest rate of 9.144%. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 Councilman Hartmann moved the adoption of Resolution No. 82-40, "RESOLUTION ACCEPTING BID ON SALE OF $1,350,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT BONDS OF 1982, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF", awarding the bid to Banc Northwest for a net interest rate of 10.247%. Councilwoman Witt seconded: the motion. Ayes: 3 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of a zoning notice of intent from the Dakota County Social Services Department for licensing of 2167 Fox Place for the placement of a maximum of 10 children in day care. The Council directed the City Administrator to research the matter. PERSONNEL Administrator Johnson introduced Dennis Delmont to the Council and recommended his appointment as Chief of Police for an annual salary of $32,880. He advised the Council that Councilman Losleben had been contacted and approves the appointment and that Mayor Lockwood was a member of the selection committee. On the recommendation of the City Administrator, Councilman Hartmann moved to appoint Dennis Delmont as Police Chief, effective May 17th, at the 1982 annual rate of $32,880. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of the "Citizens League News", Tax Study, dated March 30th. PARK DONATION On the recommendation of the City Clerk, Councilwoman INTEREST Witt moved the adoption of Resolution No. 82-42, "RESOLUTION ESTABLISHING DELAYED PARK DONATION INTEREST". Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 MISCELLANEOUS The City Clerk reported on the status of preparation of draft ordinances on on-sale liquor and manufactured housing. Page No. 1644 April 20, 1982 FLOOD HAZARD The Council acknowledged a letter from the DNR regarding the City's flood hazard potential. The Council concurred in the DNR finding that the City should be considered non-flood and should be assigned a Zone "C" insurance rating classification. PILOT KNOB ROAD Public Works Director Danielson advised the Council that UPGRADING bids have been accepted by the County for the upgrading of Pilot Knob Road from Northland Drive to Mendota Heights Road. He recommended that the Council approve the low bid of $192,242.49 submitted by McNamara Vivant Contracting. Councilwoman Witt moved the adoption of Resolution No. 82-43, "RESOLUTION RECOMMENDING ACCEPTING BIDS AND AWARDING CONTRACT FOR RECONSTRUCTION OF PILOT KNOB ROAD (CSAH 31) IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA". Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 MN/DOT AGREEMENT On the recommendation of the Public Works Director, Council - woman Witt moved the adoption of Resolution No. 82-44, "RESOLUTION APPROVING AND AUTHORIZING A RELOCATION AGREEMENT RELATIVE TO THE RELOCATION OF HYDRANTS FROM MENDOTA HEIGHTS ROAD TO TRUNK HIGHWAY 110", in conjunction with the construction of I-35E, and authorization for execution of the agreement by the Mayor and City Clerk. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 11:52 o'clock P.M. /Kathleen M. Swanson City Clerk Charles-E.'Mertensotto Acting Mayor