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1981-07-07 Council minutes) Page No. 1495 July 7, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 7, 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. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Council Members Hartmann, Losleben, Mertensotto and Witt. APPROVAL OF. MINUTES Ayes: 4 Nays: 0 Abstain: 1 Lockwood HEARING - INDUSTRIAL REVENUE FINANCING Councilman Hartmann moved approval of the minutes of the June 16th meeting. Councilman Mertensotto seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposal from Ryan Properties for the issuance of $4,500,000 Industrial Development Revenue Bonds. Mr. Len Champer from Juran and Moody, Mr. Jim Ryan from Ryan Properties, and Mr. Jerry Junkman, project architect, were present for the discussion. Mr. Junkman reviewed architectural renderings of the proposed 126,500 square foot structure which will be leased to the Sperry-Univac Company for use as a computer reconditioning center. He stated that all building and parking setback requirements will be met. He stated further that while the Zoning Ordinance requires 123 parking spaces, 149 will be provided along with the availability for 53 additional spaces which will be necessary when a 55,000 square foot addition is constructed at some future time. He advised that automobile access will be from Medildota Heights Road while truck traffic will use Medallion Drive. He also explained the berming and landscaping proposal and advised that the exterior surface will be painted, pre-cast panels. Mr. Champer stated that the issue amount will probably be closer to $4 million rather than the $4.5 million proposed. He stated that a large banking institution will act as trustee and will control the expenditure of monies in accordance with state and federal regulations and the terms of the financing agreement. In response to a question from Councilman Losleben, Mr. Ryan stated that the bond will finance acquisition and development of the site and construction of the building and that Sperry-Univac will expend monies for equipment and building furnishings. There was a brief discussion over the status of Lexington Avenue and maintenance of the Lexington Avenue right-of-way adjacent to the site. Ayes: 5 Nays: 0 Ayes: 4 Nays:0 Abstain: Hartmann DEPARTMENT REPORTS JUNK CARS Page 1496 July 7, 1981 Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Mertensotto moved that the hearing be closed at 7:55 P.M. Councilman Losleben seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 81-40, "RESOLUTION DETERMINING TO PROCEED WITH A PROJECT AND . . ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ( ACT REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND'AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. Councilman Losleben seconded the motion. Administrator Johnson advised the Council that a request for building permit for the proposed structure will most probably be included in the next Council agenda. The Council acknowledged receipt of the Police Department monthly report for May and the Code Enforcement monthly report for June. The Council acknowledged receipt of a memo from the Police Chief on the status of enforcement of the Junk Car Ordinance. The Council asked that they be kept current on the disposition of the remaining citations. FIRE TRAINING The Council acknowledged a memo from the Fire Marshal and CHARLES PERRON a proposed fire training agreement to allow use of a PROPERTY residential structure for fire training drills. After a brief discussion, Councilman Losleben moved to approve the proposed agreement and authorize its execution by the appropriate City officials, with the condition that all expenses incurred in the preparation of the agreement be charged to the Fire Department. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 PLANNING COMMISSION The Council acknowledged receipt of the thinutes of the June 23rd Planning Commission meeting. CASE NO. 81-03, KRAJNIAK/WAHL Mr. and Mrs. Russell Wahl and Mr. and Mrs. Michael Krajniak were present to request approval of a wetlands permit for 535 W. Marie Avenue. Mayor Lockwood noted that the Planning Commission had recommended approval of the permit subject to conditions relating to topsoil and erosion. Public Works Director Danielson stated that staff has been Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 81-06, SCHANK Ayes: 5 Nays: 0 CASE NO. 81-13, VAN Page 149.7 July 7,,1981 working with the applicants and that they have retained a professional engineer to prepare the development plan which has been submitted. He stated that the applicant will discontinue filling of the easterly lot and will only smooth out the existing fill and add six inches of topsoil to the westerly lot. With regard to the westerly lot, Mr. Danielson stated that the owner will only do enough additional filling to provide a functional rear yard. He stated that staff has no objections to the proposal as long as the drainage system to the rear of the properties works properly and as long as ground cover is planted at the rear of the westerly lot to control erosion. Councilman Mertensotto pointed out that the plans had not been signed by a registered engineer and felt that the signature should be on the plans. Councilman Losleben asked whether the City has a drainage easement along the westerly lot. Mayor Lockwood asked what policing authority the City has if the permit is approved. Mayor Lockwood pointed out that if no drainage easement currently exists, an easement must be acquired along the west line of the westerly lot before any action can be taken. Councilwoman Witt moved that the public hearing requirement be waived. Councilman Hartmann seconded the motion. Councilman Mertensotto moved that the discussion on the application for wetlands permit be continued to July 21st Mayor Lockwood seconded the motion. Mr. Oscar Schank was present to request approval of the division Lot 37, Auditor's Subdivision No. 3 (1623 and 1629 Dodd Road). The Council also acknowledged and briefly discussed a supplementary report from Planner Dahlgren on the application. After discussion, Councilman Losleben moved to give preliminary concept approval of the proposed lot division based on a sketch dated March 30, 1981 and based on the concept of an L-shaped lot. Councilman Hartmann seconded the motion. The Council advised Mr. Schank that approval of a signed formal survey must be granted by the Council prior to recording the lot division. Mr. Ted Van was present to request approval of the division of Lots 6, 7 and 8, Colliton Place. He stated that he proposed to plat the property as two lots, one lot consisting of 1 acres, and the balance of the property platted as one lot. Mr. Van stated that he proposed to provide a 20 foot strip of land along the southerly property line to serve as access to the new, westerly lot. He also stated that Ayes: 5 Nays: 0 CASE NO. 81-15, HUGHES Ayes:5 Nays: 0 AIRPORT NOISE Page 1498 July 7, 1981 sewer and water are available to the new lot through an easement from the Valley View Oak plat. He also stated that there will not be any further subdivision of the property. Public Works Director Danielson pointed out that although the property is within the critical area, critical area review is not need at this time since no grading or development is currently planned. Councilman Mertensotto asked why only a 20' wide strip of land is being platted for access rather than providing 30 feet of right-of-way. He asked whether there is any potential need for a future road to serve property on the south side of Mr. Van's property. Engineer Kishel stated that it is very unlikely that there would be such a need. ) Mr. Van stated that there is a stable at the back of his property, on the south side of the land, and that an additional 10 feet for access would create a problem. After discussion, Councilwoman Witt moved to approve the preliminary plat of Oak Point as presented, subject to receipt of the required park contribution. Mayor Lockwood seconded the motion. Mr. Eugene Hughes was present to request approval of the division of Lot 16, Block 1, Ivy Falls West Second Addition. Mr. Hughes stated that he will dedicate all necessary easements and will provide a turn-around for emergency vehicle access at the end of the existing easement. City Engineer Kishel advised the Council that two sewer and water services were installed as part of the Ivy Falls West Additions improvement project because Mr. Richard Bancroft, previous owner of the property, had advised the City of his intent to divide the lot prior to installation of the utilities. After discussion, Councilman Losleben moved approval of the division of Lot 16, Block 1, Ivy Falls West Second Addition subject to receipt and approval by staff of utility and turn-around easements and the required park contribution, and acknowledging that the driveway to serve Lot A will also be a common driveway for Lot B. Councilman Hartmann seconded the motion. Mr. John Shardlow, from Howard Dahlgren & Associates, was present to review and discuss a summary of a report of the working group of cities and agencies on land use issues in areas surrounding airports. He gave the Council a brief history of the MC/MAC Committee and his associated activities. He reported that the final committee report along with the Position Statement adopted by the City recently are "on hold" at the Transportation Subcommittee. He stated that he believes the working group report is a step in the right Ayes: 5 Nays: 0 SETBACK VARIANCE Ayes:5 Nays:0 Page 1499 July 7, 1981 direction and that if all communities affected by airport noise agree to the report, a joint position statement will be submitted to the Metropolitan Council. He pointed out that if the compensation issue is not resolved he does not believe any of the communities will do much planning. Administrator Johnson advised the Council that the City has already expended $7,612 in the past 8 months studying the airport issues. He advised further that Ms. Linda Tomaselli from the Metropolitan Council has indicated there will be no funds to pay for this type of a grant. Councilman Losleben stated that there is nothing in the report addressing how the guidelines will be enforced and what will be done to restrict flights outside of approved flight patterns and airport procedures. Mr. Shardlow stated that the matter is addressed in the "Noise Impact Amelioration" section of the report and that the communities will not back down from this position. Councilman Mertensotto suggested two changes in wording in the proposed resolution supporting the report. It was the concensus of the Council that the changes should be made. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 81-41, "RESOLUTION IN SUPPORT OF THE REPORT OF THE WORKING GROUP OF MUNICIPALITIES AND AGENCIES REGARDING LAND USE ISSUES IN AREAS SURROUNDING AIRPORTS," as corrected. Councilman Losleben seconded the motion. Mr. Edward Pederson, 725 Pontiac Place, was present to request the Council to approve a variance to allow him to construct a swimming pool on his property. He stated that he had contracted with a company to install a pool with the understanding that the firm would acquire the permit fot the pool which was to be built on June 15th. He did not hear from the contractor until June 25th at which time he was advised that he would need a variance. He then hired a different firm and met with the City Planner and Code Enforcement Officer. He also asked the Planning Commission Chairman to expedite the request so that he would not have to wait for consideration at the July 28th Commission meeting, and the Chairman received such approval from the members. He stated that he has made application for a six and one-half foot variance from the side property line to allow construction of the pool 31 feet from the line. He submitted copies of drawings and letters from two adjoining property owners. Councilman Losleben moved to waive the requirement for Planning Commission discussion and to approve a 31 foot sideyard setback variance as requested. Councilwoman Witt seconded the motion. PARK AND RECREATION COMMISSION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 COMMUNICATIONS HAZARDOUS WASTE DAKOTA COUNTY TRANSPORTATION PLAN COMMUNICATIONS Page 1500 July 7, 1981 The Council acknowledged receipt of the minutes of the June 23rd Park Commission meeting. Commission member Tom Bayless, present for the discussion, reviewed action taken at the Commission meeting relative to ballfield backstops and the proposed proposal for park planning services. On the recommendation of the Park Commission, Councilman Hartmann moved to authorize the purchase of a new backstop for the Friendly Hills park along with the moving of the backstop at the Civic Center site, the estimated $1300 total cost for acquisition, installation :) and relocation to be charged to the Special Park Fund. Councilwoman Witt seconded the motion. There was some discussion over the request for park planning services proposal, particularly as the proposal relates to the Lakeridge Addition. It was acknowledged that the developers will probably do nothing with the preliminary plat until late summer, or perhaps early spring of next year. Mayor Lockwood moved that the Commission be authorized to issue the Request for Proposal and request quotations when the timing seems appropriate. Councilwoman Witt seconded the motion. The Council acknowledged the Commission's concerns over vandalism and other problems in the parks and directed the Police Department to increase its patrolling of the City's parks. The Council acknowledged receipt of letters from Representative Rodriguez and Senator Knutson on the recently adopted "borrowing bill." The Council acknowledged a memo from the Waste Management Board regarding scheduled meetings on preliminary areas for hazardous waste processing. Mayor Lockwood advised that he will attend the July 15th meeting. The Council acknowledged a memo from Dakota County regarding the establishment of a Transportation Policy Advisory Group. The concensus of the Council was that Public Works Director Danielson serve as the City's representa- tive on the group. The Council acknowledged and discussed a letter from Developmental Learning Center, Inc. requesting a $3800 subsidy from the City to help reduce the Center's funding deficit. No action was taken. The Council acknowledged receipt of an Association of Metroplitan Municipalities Bulletin and summary of legislative programs. The Council acknowledged receipt of a letter from the BEER PERMIT Ayes: 5 Nays: 0 STREET VACATION REQUEST Ayes: 5 Nays: 0 EMPLOYEE ASSISTANCE PROGRAM Ayes: 5 Nays: 0 COMPREHENSIVE PLAN Page 1501 July 7, 1981 Metropolitan Council regarding the draft I-35E Environmental Impact Statement The Council acknowledged a letter from the Lions Club requesting permission to sell beer at the Annual Lions Club Turkey Barbecue on August 1st. Councilwoman Witt moved that a one-day 3.2 beer,permit be issued to the Lions Club. Councilman Losleben seconded the motion. The Council acknowledged an application from Mr. Robert Alvarez for the vacation of a portion of the Partition Road right-of-way. Councilman Hartmann moved that a public hearing on the application for street vacation be held at 7:30 P.M. on August 4th. Councilwoman Witt seconded the motion. Administrator Johnson reviewed his memo on the proposed initiation of an employee assistance program. He also reviewed a proposed policy statement. Councilman Losleben noted that he could support such a proposal on the basis that the County pay 90% of the costs with only 10% City cost participation. Mayor Lockwood moved to adopt the Employee Assistance Program as presently presented and as being presently funded by Dakota County. Councilman Hartmann seconded the motion. Administrator Johnson reviewed his memo on the City of St. Paul comprehensive plan, with particular reference to I-35E. He stated that the information on I-35E contained in the document is so outdated that it is impossible to react to and asked what direction the Council wishes to take. He suggested that perhaps the draft I-35E E.I.S. should be studied to determine which alternates would best suit the needs and planning of Mendota Heights and northern Dakota County. As the result of the discussion, the Council directed the Administrator to advise the Metropolitan Council that review of the Comprehensive Plan for the City of St. Paul indicates a total lack of positive planning relative to the completion of I-35E through St. Paul, a matter of vital importance to Mendota Heights. The Metropolitan Council should also again be advised that the City still supports the position that there should be a direct connection with I-35E. Page 1502 July 7, 1981 MENDOTA HEIGHTS The Council acknowledged receipt of a letter from INDUSTRIAL PARK United Properties along with a petition and waiver of IMPROVEMENTS hearing for Northland Drive street and utility improvements. Ayes:5 Nays: 0 SEAL COATING Ayes: 5 Nays: 0 WATER TANK REMOVAL Ayes:5 Nays:0 MISCELLANEOUS ASSESSMENT HEARINGS Ayes: 5 Nays: 0 Mayor Lockwood moved the adoption of Resolution No. 81-42, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR NORTHLAND DRIVE IMPROVEMENTS. Councilwoman Witt seconded the motion. Public Works Director Danielson reviewed the plans and specifications for the 1981 seal coating project He requested approval of the plans and authorization to accept bids on July 16th. He, advised that the estimated cost of the project is $30,000. Councilman Losleben moved approval of the plans and specifications for the 1981 seal coating project and authorization to advertise for bids to be received on July 16th. Councilman Hartmann seconded the motion. Public Works Director Danielson reveiwed his memo relative to the dismantling of the Friendly Hills Water Tower. He advised the Council that informal bids had been received and recommended that the Council authorize issuance of a purchase order to allow the low bidder, Master Tank Company to remove the tank for ther low bid of $3,750.00. Mayor Lockwood moved approval of the issuance of a purchase order to Master Tank Company for $3,750 for removal of the Friendly Hills water tank as part of the Friendly Hills Water System Conversion improvement project. Councilwoman Witt seconded the motion. Public Works Director Danielson advised the Council that the Metropolitan Transit Company has contacted him relative to installation of a bus shelter at Keokuk Lane and Pagel Road. He noted that the MTC would support 90% of the approximatR $5,000 cost, but that the City would have to provide 10% of the financing. It was the concensus of the Council that the General Fund budget cannot support the subsidy. Mayor Lockwood moved the adoption of Resolution No.81-43, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR FRIENDLY HILLS ADDITION WATER SYSTEM CONVERSION (IMPROVEMENT NO. 78, PROJECT NO. 4)", the hearing to be held on August 18th. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes:5 Nays:0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Page 1503 July 7, 1981 Mayor Lockwood moved the adoption of Resolution No. 81-44, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR EAGLE RIDGE/VICTORIA TOWNHOMES STORM SEWER IMPROVEMENTS (IMPROVEMENT NO. 78, PROJECT NO. 6)," the hearing to be held on August 18th. Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 81-45, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR VICTORIA TOWNHOMES IMPROVEMENTS (IMPROVEMENT NO. 81, PROJECT NO. 1)," the hearing to be held on August 18th. Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 81-46, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR VALLEY VIEW OAK ADDITION IMPROVEMENTS (IMPROVEMENT NO. 79, PROJECT NO. 8)," the hearing to be held on August 18th. Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 81-47, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLLS FOR VALLEY VIEW OAKS ADDITION IMPROVEMENT (IMPROVEMENT NO. 79, PROJECT NO. 8), FRIENDLY HILLS WATER SYSTEM CONVERSION IMPROVEMENTS (IMPROVEMENT NO. 78, PROJECT NO. 4), EAGLE RIDGE/VICTORIA TOWNHOMES TRUNK STORM SEWER IMPROVEMENTS (IMPROVEMENT NO. 78, PROJECT NO. 6), AND VICTORIA TOWNHOMES IMPROVEMENTS (IMPROVEMENT NO. 81, PROJECT NO. 1) Councilman Hartmann seconded the motion. Councilman Losleben moved approval of the list of claims dated July 7, 1981 and totalling $82,514.22. Mayor Lockwood seconded the motion. Councilman Hartmann moved approval of the list of licenses, granting licenses to: Atlas Concrete & Masonry Corrigere Construction Co. Graf Concrete Co. Mel's Concrete Construction Commercial Utilities, Inc. Boehm Heating Co. August Construction, Inc. Greg Conway Construction Peter Dukinfield Co. Jos. E. Johnson & Son, Inc. Kloster-Madsen, Inc. President Homes Boehm Heating Co. Concrete License Concrete License Concrete License Concrete License Excavating License Gas Piping License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Heating & Air Conditioning License Ayes: 5 Nays: 0 LIQUOR LICENSES Ayes: 5 Nays: 0 Ayes:5 Nays:O MISCELLANEOUS ADJOURN Ayes:5 Nays: 0 ATTEST: Page 1504 July 7, 1981 Continental Pools, Inc. SwiMming Pool Cont. License Superior Pool Builders, Swimming Pool Contractor Inc. License Councilwoman Witt seconded the motion. Councilman Losleben moved that a Club Liquor License be issued to Mendakota Country Club. Mayor Lockwood seconded the motion. Councilwoman Witt moved:that a Club Liquor License be issued to .Somet$0.t_country Club. Councilman Losleben seconded the motion. The Council acknowledged receipt of a,Popyof a letter from the City Clerk to Mr. Carmen Tuminelly relative to the sewer and water connection charges due for a parcel of property located in Lilydale. The Council directed that M. Tuminelly be notified that unless payment is made the City's only alternative will be to terminate the services. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 12:22 o'clock P.M. Robert G. Mayor ockwood thleen M. Swanson City Clerk