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1981-06-16 Council minutesPage No. 1485 June 16, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 16, 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. Acting Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Mertensotto, Councilman Hartmann, Councilman Losleben and Councilwoman Witt. Mayor Lockwood had notified the Council that he would be out of town. APPROVAL OF Councilman Hartmann moved to approve the minutes of the MINUTES June 2nd meeting and to authorize the Mayor to sign said minutes. Councilwoman Witt seconded the motion. Ayes: 3 Abstain: 1 Losleben Ayes: 4 Nays: 0 PILOT KNOB ROAD FEASIBILITY HEARING Councilman Hartmann moved to approve the minutes of the June 10th Board of Review and to authorize the Mayor to sign said minutes. Acting Mayor Mertensotto seconded the motion. Acting Mayor Mertensotto opened the meeting for the purpose of conducting a public hearing on proposed Pilot Knob Road upgrading. He turned the meeting over to- Administrator Johnson and the Public Works Director for a review of the proposed project. Administrator Johnson stated that the proposed upgrading project involves the reconstruction of Pilot Knob Road from 1-494 to 700 feet north of Mendota Heights Road. He advised that the section of Pilot Knob from 1-494 to Mendota Heights would be upgraded to four fluid lanes and turn lanes, and that the portion north of Mendota Heights Road would be tapered down to two lanes. He stated that the County will construct the project either in the fall of 1981 or the spring of 1982 and that the costs would be distributed at a ratio of 55% County and 45% City. He advised that public notices had been mailed to all property owners affected by the proposed construction and that a notice had been published in the Sun Newspaper. Public Works Director Danielson reviewed drawings and explained the proposed project. He stated that he has been working with the County on development of the plans for the past several months and has met with the affected property owners.. Page 1486 June 16, 1981 He stated that the properties between 1-494 and Mendota Heights Road are considered to be benifitting properties for future assessment purposes. He indicated that those properties north of Mendota Heights Road are not proposed to be assessed under this project since that portion of the project is considered to be temporary and will be upgraded at some future time. In response to a question from Acting Mayor Mertensotto, Mr. Danielson stated that the assessment policy proposed by staff would be to assess those properties fronting on Mendota Heights Road or future Northland Drive for 25% of their sideyard along Pilot Knob. Those properties with frontage along Pilot Knob are proposed to be assessed fully for the frontage. He stated that the City's share of the costs will be approximately $90,000. He indicated that staff will recommend an assessment rate which would be a typical rate for construction of a street in an industrial area, and that the tax increment financing package will pick up costs exceeding the assessible amount. Acting Mayor Mertensotto asked for questions and comments from the audience. Mr. David Larson, Vice President of Schaak Electronics, asked how his firm would be affected by the project in terms- of assessment liability. Mr. Danielson stated that since the Schaak property is located north of Mendota Heights Road, it is not proposed to be assessed under this project. Acting Mayor Mertensotto stated that Schaak would have no direct assessment under the proposed project but will be considered for assessment at some future time when Pilot Knob is upgraded north of Mendota Heights Road. There being no further questions or comments from the audience, Councilman Losleben moved that the hearing be closed at 7:53 o'clock P.M. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Councilman Losleben moved the adoption of Resolution No. 81-37, "RESOLUTION ORDERING CONSTRUCTION OF PILOT KNOB UPGRADING." Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilwoman Witt moved approval of an agreement with Dakota County with respect to C.S.A.H. 31 between 1-494 and Mendota Heights Road subject to review and approval of the agreement by the City Attorney and authorization for execution of the agreement by-the appropriate City officials. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Page 1487 June 16, 1981 DEPARTMENT The Council acknowledged receipt of monthly reports from the REPORTS Police Department for April, the Fire Department for May, and the Treasurer for May. DUES STATEMENT Ayes: 4 Nays: 0 WASTE MANAGEMENT COMMUNICATIONS ORDINANCE AMENDMENT HEARING The Council acknowledged and discussed a memo from Police Chief Thul relative to the status of citations issued for junk car violations. The Council acknowledged and discussed a letter and dues statement from the Association of Metropolitan Municipalities. Administrator Johnson advised the Council on the differences between the types of activities in which the Association of Metropolitan Municipalities and League of Minnesota Cities are involved. Councilman Losleben moved approval of payment of $977.00 for Association of Metropolitan Municipalities membership from June 1, 1981 through May 31, 1982 and appointment of Councilman Losleben as Delegate and Councilman Hartmann as Alternate Delegate to the Association. Councilwoman Witt seconded the motion. The Council acknowledged receipt of a letter from the Minnesota Waste Management Board relative to official notification of preliminary area selection for processing facilities. Administrator Johnson advised the Council that Mendota Heights is included in a very preliminary search area list and further advised that Mayor Lockwood had attended a Board meeting on June llth and will continue to monitor Board activities on behalf of the Council. Councilman Mertensotto expressed concern that the potential site in Mendota Heights is located within the Tax Increment Financing District and asked what affect installation of such a facility in the District would have on the tax base. Administrator Johnson stated that the processing facilities will be privately owned and operated and taxes on the property should be collectible. After discussion, the Council directed the City Administrator to, notify the Waste Management Board that the Council is vitally concerned about anything the Board might do within the City and wants to be notified of any and all meetings or discussions affecting Mendota Heights. The Council acknowledged a hand-out letter from Frank S. Moorman, 1159 Ivy Hill Drive, requesting that something be done to the pond at Sylvandale and Maple Park Drive to make it more attractive. Park Commission member Dorothy McMonigal, who was present in the audience, briefly responded on the matter. Mr. Moorman's letter was referred to the Park and Recreation Commission for review. Acting Mayor Mertensotto opened the meeting for the purpose of a public hearing on a proposed amendment to the Zoning Ordinance to allow retail sales in an industrial district as a conditional use in conjunction with wholesale sales provided that no more Page 1488 June 16, 1981 than 10% of the floor space is used for retail purposes. Acting Mayor Mertensotto stated that the proposed amendment was initiated by the Planning Commission in response to a request from the DeLisi Fruit Company. Mr. Joe DeLisi and his representative, Mr. Louis Brenner, along with Pastor Yoak of the Mendota Heights Congregational Church and Mr. Cliff Bigelow, meat distributor, were present for the discussion. Mr. Brenner stated that he had attended the Planning Commission hearing on the proposed amendment and that the primary concern of the Commission was whether or not the City Would be doing something different from what other similar-sized cities allow. He also stated that a second concern was whether or not the DeLisi Company could get the same type of relief through the variance process. He stated that the firm had requested either a variance or conditional use permit in March to allow retail sales at its structure on T.H.13. Mr. Brenner advised the Council that he had conducted a survey of several communities in the area, and reviewed the details of the survey for the Council. Acting Mayor Mertensotto stated that the Council does not wish to give away any of the controls over uses in the industrial areas nor does it wish to have a mixing of retail and industrial operations. He suggested that perhaps the Council should consider expanding the Industrial Zone definition to limit the area to which the proposed amendment could apply. Councilman Losleben stated that he would have a problem with a proposal to change the industrial district and expressed concern that the firm might someday want to go entirely to retail sales. He felt that action to change the industrial district or amend the ordinance to assist the company in its financial difficulties might not be appropriate. Attorney Winthrop asked whether the Council wants to allow retail sales in an industrial area. If the Council does not wish to change the ordinance for the entire district, only the request from the DeLisi Company should be considered and perhaps a variance should be granted. Mr. DeLisi stated that he could live within the 10% restriction now but does not know what the future holds. He stated that his firm is located in a part of the district which is hidden from the view of the industrial park and the retail activities would not detract from the park. Mr. Brenner asked the Council to consider approving a variance rather than amending the Ordinance, and place whatever limits and conditions on the variance as are appropriate, including a restriction on the length of time the variance would be in force. ) Ayes: 4 Nays: 0 PERSONNEL Ayes: 4 Nays: 0 EMERGENCY VEHICLE SIGNAL Page 1489 June 16, 1981 Attorney Winthrop stated that the basis for a variance would be the severe hardship being experienced by the DeLisi Company, a business in transition. He advised that the Council has the right to grant a variance for the limited activities and a limited time. Mr. Brenner stated that he had submitted a letter to the City in March asking the Council to consider granting either a conditional use permit or variance to the DeLisi Company and Sports Power, Inc., owner of the building which houses the fruit company. After discussion, Councilman Losleben moved to grant a limited variance to Sports Power, Inc. and Joe DeLisi Fruit Company to permit the retail sale of produce in conjunction with a wholesale operation on the basis that the retail operation shall not exceed 20% of the floor space and that_the variance shall terminate on July 1, 1982, all conditioned upon receipt of the appropriate variance application and fee. Acting Mayor Mertensotto seconded the motion. On the recommendation of the Chief of Police, Councilman Losleben moved that Officer Mario Reyes be given permanent employment status with the Police Department. Councilwoman Witt seconded the motion. The Council acknowledged a memo from the City Administrator relative to potential installation of a fire station flashing beacon and emergency vehicle signal pre-emption by Mn/DOT. Mr. Johnson stated that he did not believe the beacon should be considered at this time. He advised that the letter from Mn/DOT asked for notification if additional controls are to be incorporated with the standard signals at T.H. 149/110 when the signals are updated in 1982. He stated that it would cost between $5,000 and $7,500 to install an Opticom system at each intersection along with a cost of approximately $1,100 for each unit installed in the emergency vehicles. He advised that the City does not have to respond to the State if the Council wishes to give up the existing hard-wire system and go to Opticom. It was the concensus of the Council that the Administrator notify Mn/DOT that if the Council decides that a pre-emption system is needed in the future, the Opticom System will be chosen, that the Council will propose that the system be installed at T.H. 149/110, and will consider installation of the flashing "Fire Station Ahead" beacon at the time a new fire station is constructed. AIRPORT PLANNING COMPREHENSIVE PLANS Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 EAGLE POINT Page 1490 June 16, 1981 The Council acknowledged a memo from John Shardlow regarding the status of joint agency staff efforts on airport planning issues. The Council concurred with Administrator Johnson's recommendation that Mr. Shardlow be invited to attend the July 7th meeting to discuss the matter. The Council acknowledged memos from the City Administrator regarding comprehensive plan documents submitted to the City by Dakota County and the City of Eagan, along with written comments from City Planner Dahlgren. Mr. Johnson noted that the Planner found that the Eagan plan presents no conflicts with the Mendota Heights plan. After discussion, Councilman Losleben moved to advise the Metropolitan Council that staff and Council review of the Egan Comprehensive Plan indicates no inconsistencies with the Mendota Heights Comprehensive Plan. Councilwoman Witt seconded the motion. With regard to the Dakota County Plan, the Council felt that the plan does not address the noise impact from existing Metropolitan Airport operations as they affect northern Dakota County communities. Councilwoman Witt noted that the trails system is very different from the original County proposed plans and the Park and Recreation Commission has not had a chance to review the proposed system in the Comprehensive Plan. Councilman Hartmann moved to advise the Metropolitan Council that staff and the Council review of the Dakota County Comprehensive Plan indicates that the plan fails to address noise impact from existing airport operations and reflects a change in trails policy which has not been reviewed by. Parks and Recreation Commission and that at such time as the Commission recommendation on trails is received it will be forwarded to the Metropolitan Council. Councilman Losleben seconded the motion. The Council acknowledged a memo from the Code Enforcement Officer relative to a request from Bream Homes to erect a portable sales facility on the Eagle Point site until the condominium is available for occupance. A letter from Bream Homes dated June llth, indicated that the re-locatable office structure will be new, will be 10 by 50 feet in size, and will have mansard roof and a simulated grain exterior. Mr. Howard Bream, present for the discussion, use of such sales vehicles is common and that it will be difficult to market the condominium units without an on-site sales vehicle. He stated that the structure would be temporary only and would not be detrimental to the community. The Council acknowledged that the structure will be visible to surrounding properties, but also acknowledged the need of the developer to provide adequate marketing. Ayes:4 Nays: 0 ( ) NORTHLAND DRIVE IMPROVEMENTS Page 1491 June 16, 1981 After discussion, Councilman Losleben moved approval to locate a temporary office structure for a use period of ten to twelve months on the Eagle Point Condominium site, the use to terminate on or before August 1, 1982, and the structure to be in accordance with the applicants' request and drawings submitted therewith. Councilman Hartmann seconded the motion. Public Works Director Danielson advised the Council that he had net with Ken Stensby and Boyd Stoffer of United Properties earlier in the week to discuss proposed Northland Drive utility construction and street extension and the proposed Pilot Knob upgrading project. He advised that proposed project costs were discussed, including the use of tax increment financing funds for a portion of the Pilot Knob Road project and possibly for for the installation of a railroad crossing at T.H. 55. Mr. Danielson stated that the crossing and signals are estimated to cost $110,000. Mr. Bruce Palmer, representing Northland Land Company, acknowledged the discussion between the Northland representatives and City staff. The Council acknowledged receipt of a letter from Mr. Stensby relative to the proposed Pilot Knob upgrading, construction of a storm sewer in Pilot Knob Road and the proposed Northland Drive project. In response to the letter, Acting Mayor Mertensotto noted that the firm is limiting its potential for assessments. Engineer Kishel stated that the total estimated cost for the utility and street construction included in the proposed Northland Drive project is $1,078,000. Administrator Johnson stated that all but $110,000 for the railroad crossing is proposed to be assessed against the Northland properties. Mr. Johnson stated that during the meeting with the Northland representatives City staff stated that they would recommend that Northland be assessed for 25% of its sideyard along Pilot Knob Road under the upgrading project along with approximately 600 feet of storm sewer to be installed by the County as part of the project. He also stated that, as indicated in the letter from Mr. Stensby, Northland Land/United Properties would accept an assessment for the total cost of the proposed Northland Drive improvements except the cost of the railroad crossing. He advised that no portion of the Northland Drive project costs are contemplated to be carried on general obligation taxes. Acting Mayor Mertensotto stated that he feels the proposal is a feasible approach but that the City must have an under- standing from United Properties/Northland Land as to what they agree to pay along with a formal waiver of hearing rather than the informal waiver contained in Mr. Stensby's letter. The Council directed the City Administrator to advise Mr. Stensby that action on the petition for improvement of Northland Drive will be taken after receipt of an official waiver of hearing and a letter of commitment to accept DEPARTMENT REPORT Page 1492 June 16, 1981 assessments for the cost of the improvements. The Council acknowledged receipt of the Public Works Director's monthly report for May. In response to Council questions, Mr. Danielson reported on the status of the Friendly Hills water system conversion. Mr. Danielson advised that a decision on what to do with the Mendota Water Company tank must be made soon. It was the concensus of the Council that bids for the dismantling and removal of the tank should be let. FEASIBILITY The Council acknowledged receipt of feasibility studies STUDIES on proposed watermain extensions on Mendota Heights Road and Wagon Wheel Trail. City Engineer Kishel reviewed the studies along with layouts and estimated construction costs. It was noted that the projects were precipitated by Mn/DOT freeway construction plans. RECORDS RETENTION Ayes:4 Nays:O Ayes:4 Nays:O ZONING ORDINANCE Acting Mayor Mertensotto noted that there is no pressing need to consider the projects until MN/DOT's plans for I-35E are completed. It was the concensus of the Council that the pipes should not be hung on the Mn/DOT bridges at the crossings. The Council directed that the City Administrator notify MN/DOT and the St. Paul Water Department that the City's water crossings will be correlated with the construction of I-35E. On the recommendation of the City Clerk, Acting Mayor Mertensotto moved the adoption of Resolution No. 81-38, RESOLUTION ADOPTING RECORDS RETENTION SCHEDULE," establishing a permanent schedule of retention and destruction of City communications and records, authorizing the Mayor to execute said tsolution: Councilwoman Witt seconded the motion. The Council acknowledged a proposed resolution prepared by the City Clerk to authorize the destruction of certain records in advance of the length of retention authorized in the permanent records retention schedule. After discussion, Councilwoman Witt moved the adoption of Resolution.No. 81-39, "RESOLUTION APPROVING DESTRUCTION OF RECORDS AND DIRECTING CITY CLERK TO APPLY FOR ORDER OF AUTHORIZATION," authorizing the Mayor to execute said resolution. Councilman Hartmann seconded the motion. The City Clerk advised the Council of recent legislation which will allow communities to publish a summary of newly adopted ordinances rather than publication of total Ordinances, noting that the Statute will become effective on August 1st. In view of the size of the proposed Zoning Ayes:4 Nays:0 BORROWING BILL LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes:4 Nays: 0 MISCELLANEOUS Page 1493 June 16, 1981 Ordinance revision package and the associated publication costs, she recommended that the Council change the date for hearing of the. proposed Ordinance revisions from July 7th to August 4th. Acting Mayor Mertensotto moved that the hearing to consider proposed amendments to the Zoning Ordinance be rescheduled from 9:00 P.M. on July 7th to 8:00 P.M. on August 4th. Councilman Hartmann ,seconded the motion. The Council acknowledged and discussed a League of Minnesota Cities Action Alert regarding the need for the Legislature to pass legislation to increase the state's borrowing authority, and the impact failure of passage would have on cities. It was the concensus of the Council that the Legislature should be urged to make provisions to avoid placing local governments in the position where they would have to borrow monies to cover reductions, delays or cancellation of local government aids and homestead credit payments. Administrator Johnson was directed to notify Rep. Rodriguez and Senator Knutson of the Council's concern and concensus. Councilman Hartmann moved approval of the List of Claims dated June 16, 1981 and totalling $136,122.51. Councilman Losleben seconded the motion. Councilman Losleben moved approval of the list of licenses, granting licenses to: Dahn Builders, Inc. Creative Home Exteriors C.O. Field Co., Inc. Johnson Engineering & Construction Midwest Erectors, Inc. North Star Services The Tuminelly Companies Ryan Air Conditioning, Inc. Concrete License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Heating & Air Conditioning License Councilman Hartmann seconded the motion. Acting Mayor Mertensotto advised that he had attended a recent Volunteer Fire Department meeting at which the condition of one of the tankers was discussed. As a result of the discussion, Captain Lange researched the availability of milk transport trucks which could be converted into a tanker. Acting Mayor Mertensotto read the letter for the Council. Page 1494 June 16, 1981 He stated that he advised the firemen that no funds were budgeted for a different tanker and that the equipment certificate funds have been-depleted. Administrator Johnson pointed out that the Fire Department was involved in the preparation of the Capitol Improvements Program and that the Department projected a new pumper beyond 1985. It was the concensus of the Council that the Department should be advised that the C.I.P. indicated no need for tanker replacement prior to 1985 and that there is no money available for that purpose. It was also the concensus that the Capitol Improvement Program should be revised to reflect current need projections. ADJOURN There being no further btsiness to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:59 o'clock P.M. 1&224,1.) thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Acting Mayor