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