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1981-06-02 Council minutesPage 1476 June 2, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 2, 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, Mertensotto and Witt. Councilman Losleben had notified the Council that he would be out of town. APPROVAL OF Councilman Hartmann moved approval of the minutes of the MINUTES May 19th meeting. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 DEPARTMENT The Council acknowledged receipt of the Code Enforcement REPORTS monthly report for May and requested that the report form be revised to include 1980 year to date activity for comparison purposes. CASE NO. 81-09. LEWIS The Council acknowledged and discussed a handout memo from the Police Chief regarding warnings and citations issued to owners of junk cars. Mr. & Mrs. Lyle Lewis were present to request approval of the division of their property located at 760 West Wentworth. It was noted that discussion on the matter had been continued from May 5th to allow further input from the City Planner. The Council acknowledged a memo from Planner Dahlgren addressing the Council's concern over the potential future development of properties surrounding the subject parcel. Councilman Mertensotto stated that there should be a design scheme for the total development of the area before any lot division occurs. Mr. Lewis stated that he has spoken to his neighbors and they do not object to his proposed division and that delaying approval of his request until development occurs on surrounding properties would hold up his lot division indefinitely. He stated that he only wants to divide the large lot into two parcels, at this time to allow the sale of the lot on which his home is located. After discussion, Councilman Mertensotto moved approval of the division of part of Lot 36, Auditor's Subdivision No. 3 (known as 760 West Wentworth), creating a lot with 111 feet of frontage and 153.83 feet of depth, acknowledging a 2'6" variance from the easterly sideyard setback on the newly created lot, all conditioned upon submission of a $600 park contribution and without any guarantee by the City relative to the potential subdivision of property to the south of the Ayes: 4 Nays: 0 COMMISSION REPORTS Page No. 1477 new lot without a total development plan for the area. Councilwoman Witt seconded the motion. The Council acknowledged receipt of the minutes of the May 26th Planning Commission meeting. CASE NO. 81-10, Mr. & Mrs. Michael Towstopiat, 635 Ivy Falls Avenue, were TOWSTOPIAT present to request approval of a 23 foot rear yard setback variance to allow installation of a storage shed seven feet from their rear property line. Ayes: 4 Nays: 0 CASE NO. 81-12, STAI Ayes: 4 Nays: 0 Councilman Hartmann moved approval of a twenty-three foot rear yard setback variance at 635 Ivy Falls Avenue to allow installation of a storage shed seven feet from the north (rear) property line. Mayor Lockwood seconded the motion. Mr. Vaughn Stai was present to request approval of a two foot front yard setback variance at 703 Decorah Lane to allow construction of a dining room addition on his home. There was some:discussi.on.over Council policy on the granting of front yard variances in Friendly Hills. It was noted that the two-foot variance requested by Mr. Stai would fall within the guidelines for approval. Mayor Lockwood moved approval of a two foot front yard setback variance to allow construction of a dining room addition 28 feet from the front (south) property line at 703 Decorah Lane, on the condition that the addition will match the decor of the existing residence. Councilwoman Witt seconded the motion. COMMISSION the Council acknowledged and briefly discussed the minutes REPORTS of the May 26th Park Commission meeting. Commission member Dorothy McMonigal was present for the discussion. INDUSTRIAL The Council acknowledged a letter from Mr. Leonard Champer REVENUE of Juran & Moody, Inc. requesting the Council to esta blish FINANCING a public hearing for consideration of issuance of $4,500,000 in Industrial Revenue Bonds. Mr. Champer, who was present for the discussion,:btated that Sperry-Univac has been exploring several communities for many months searching for a location for a 126,500 square foot facility. He stated that the structure will be constructed and owned by Ryan Properties who will lease the facility to Sperry-Univac. Financial Advisor Shaughnessy stated that he has been in contact with Mr. Champer several times over the past nine months relative to the industrial revenue financing request, and that Mr. Al Schackman, of Ryan Properties, Ayes: 3 Nays: 0 Abstain: 1 Hartmann MISCELLANEOUS PARRANTO/BEREA COLLEGE MN/DOT PROPERTY ACQUISITION Page 1478 June 2, 1981 has been given a copy of the City's guidelines. Mr. Schackman, of Ryan Properties, stated that his firm proposes to construct an office/warehouse/reconditioning center on Block 2 of the Medallion Industrial Park. He stated that his firm is in the process of preparing plans for discussion at the hearing and presented a conceptual drawing for Council discussion. Mayor Lockwood stated that if the financing is ultimately approved the Council will ask the owners to take the design of the City's Public Works facility into account when the plans for the proposed Ryan facility are prepared. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 81-35, "RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON," calling for a public hearing at 7:30 P.M. on July 7th. Councilwoman Witt seconded the motion. The Council acknowledged a memo from the League of Minnesota Cities regarding proposed amendments to the League constitution relating to dues and services. The Council acknowledged a memo from Administrator Johnson relative to a request from R.M. Parranto for Berea College regarding the status of a lot owned by Berea College and located on Wachtler Road. It was noted that the memo was in response to Council discussion on the matter on May 19th. Administrator Johnson recommended, and the Council concurred, that the property should be left for private development and should not be considered for public acquisition. He noted that utilities are available to the property, and that the continuation of residential use of the property based on the availability of utilities and the private access is feasible. Councilman Mertensotto was concerned that access would be by way of the private easement serving three properties rather than public right-of-way. He felt that the private easement should be dedicated as public right-of-way so that the structures would have frontage on public right-of-way as is required by the Zoning Ordinance. As the result of the discussion, the City Administrator was directed to work with Mr. Parranto, advising him that the property may be used for residential purposes if a 30 foot public easement is granted along the southerly line of the Wachtler property to the end of the Berea College property. The Council acknowledged and discussed a memo from the City Administrator relative to the acquisition of a portion of the City-owned Lot 10, Curley's Valley View Addition. Page 1479 June 2, 1981 Mr. Johnson advised the Council that Mn/DOT has made an offer of $1,650 to the City for acquisition of 764 square feet of the subject property as well as a temporary easement over 2,353 square feet. He advised that an appraisal has been prepared by E.V.Dolan and the Mn/DOT offer slightly exceeds that appraisal amount. Mayor Lockwood moved to accept the Mn/DOT offer of $1,650 for the sale of 764 square feet of Lot 10, Curley's Valley View Addition along with a temporary easement over 2,353 square feet of said parcel, and to authorize execution of the necessary documents by the Mayor and Clerk, all subject to approval of the transfer documents by the City Attorney. Councilman Hartmann seconded the motion. Ayes: 4 Mays: 0 COMPREHENSIVE Administrator Johnson advised the Council that Dakota County PLAN RESPONSES and the Citiessof Eagan and St. Paul have submitted copies of their comprehensive plans for review and response by Mendota Heights. He advised that Planner Dahlgren has prepared reports on each of the plans. He asked how the Council wishes the plan responses to be handled. SIGN VIOLATION After discussion, the Council directed that the reports prepared by Planner Dahlgren be included in the June 16th agenda. Administrator Johnson advised the Council that a sign has been installed on the Econ-Placer property in violation of the sideyard setback requirement and without the benefit of a permit. The Council directed that the Administrator notify the property owner that the sign is in violation of the Zoning Ordinance, giving the owner the opportunity to explain why the sign was installed without permit and directing that the situation be remedied. MISCELLANEOUS Mayor Lockwood notified the Council that he would be out of town and unable to attend the June 16th meeting. PLAT City Attorney Winthrop stated that Mr. Charles Dahlgren CORRECTION had submitted a request last fall for a correction to the Lexington Highlands East and West plats to be 7,) approved by the Council. At that time, the Council referred the matter to Mr. Winthrop. Mr. Winthrop advised that the requested correction would make no change in the vested rights of property owners but would only be a technical change in the plats. He advised that State Statutes Page 1480 June 2, 1980 allow surveyors to .certify that there has been an error in a survey needing correction. He stated that he would have no objection'to-approvin4 the requested corrections provided that the certificate include reference to the provisions of Mn. Statutes 505.177 indicating that there will be no changes in vested rights. After discussion, Councilman Hartmann moved to approve the surveyor's correction of the plats of Lexington Highlands East and West as prepared by C.E. Dahlgren and dated October 30, 1980, subject to the addition of language that the approval is subject to M.S.A. 505.177. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 NORTHLAND DRIVE The Council acknowledged and briefly discussed the feasibility IMPROVEMENTS study for proposed Northland Drive improvements. Administrator Johnson stated that he and the Public Works Director had been in contact with the owners of the property and that he had suggested that the owners attend the June 16th meeting to informally discuss the matter with the Council.' Discussion on the matter was tabled to June 16th. ST. PAUL WATER Ayes: 4 Nays: 0 MN/DOT PLANS Ayes: 4 Nays: 0 PERSONNEL Ayes: 4 Nays: 0 The Council acknowledged a memo from the Public Works Director recommending execution of an agreement with the St. Paul Water Department for the assumption of maintenance of the Mendota Water Company system. Councilman Mertensotto moved approval of the Second Rider to the St. Paul Water Department Agreement and authorization for •its execution by the appropriate City officials. Councilwoman Witt seconded the motion. The Council acknowledged a letter from the Minnesota Department of Transportation requesting approval of the plans and special provisions for construction of the I-35E/Mendota Heights Road bridge structure. Public Works Director Danielson reviewed the plans and answered questions from the Council. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 81-36, "RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS FOR I-35E/MENDOTA HEIGHTS ROAD BRIDGE." Councilman Hartmann seconded the motion. On the recommendation of the City Clerk, Councilwoman Witt moved that Mrs. Shirley Shannon be given permanent employment status as Accounting Clerk,. effective June 28th, at the monthly rate of $1,155.:: Mayor Lockwood seconded the motion. ZONING ORDINANCE REVISIONS •Ayes: 4 Nays: 0 SUBDIVISION ORDINANCE REVISIONS Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 Page 1481 June 2, 1981 City Clerk Swanson reviewed proposed Zoning Ordinance revisions for the Council. It was the concensus of the Council that changes be made in the following sections of the proposed revisions: Sections 3.2(42) and (47) be deleted and replaced by the single definition proposed in the original draft of the revisions; Section 4.8(2)b, delete variance and insert conditional use permit; Section 4.8(2)d, add "and shall be subject to the same conditional use permit requirements as Sec. 4.8(2)b; Sec. 18.6(1), add the following terminology to the first sentence "and further provided that all setback requirements shall be met." Mayor Lockwood moved that a public hearing on the proposed revisions to the Zoning Ordinance be held at 9:00 P.M. on July 7th. Councilwoman Witt seconded the motion. The Council reviewed proposed revisions in Sections 3.1(1), 3.1(2) and 12.1 of the Subdivision Ordinance. Councilman Mertensotto moved the adoption of Ordinance No. 181* "AN ORDINANCE AMENDING ORDINANCE NO. 301." Councilman Hartmann seconded the motion. Councilman Hartmann moved approval of the list of claims dated June 2, 1981 and totalling $57,037.14. Mayor Lockwood seconded the motion. Councilwoman Witt moved approval of the list of licenses, granting licenses to: Bob Sommers Masonry Eagan Excavating Co. Del Jordan Construction Ralph's Plumbing, Inc. C & L Erectors John Beissel, Inc. Stephen Lissick Preben R., Inc. Quadra Construction & Design, Inc. Utsch Construction Co. Roddick Drywall Viking Aluminum Products Retsye Industries, Inc. Concrete Contracting License Excavating License Excavating License Excavating License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Plaster/Stucco License Siding Contractor License General Contractor License Councilman Hartmann seconded the motion. BEER LICENSES Ayes: 4 Nays: 0 Page 1482 June 2, 1981 Mayor Lockwood moved approval of the issuance of 3.2 off-sale non-intoxicating malt beverage licenses to Country Club Markets, Inc. and Tom Thumb Superette. Councilwoman Witt seconded the motion. ADJOURN There being no further business to come before the Council, Councilman Hartmann. moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:27 o'clock P.M. K thleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor