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1981-05-05 Council minutesPage 1462 May 5, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 5, 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, Councilmembers Losleben, Mertensotto, Hartmann and Witt. APPROVAL OF MINUTES Ayes: 3 Abstain: 2, Mertensotto and Losleben Ayes: 5 Nays: 0 CASE 81-04, FEDERAL LAND CO., SUBDIVISION Councilman Hartmann moved approval of the minutes of the April 21st meeting as corrected. Mayor Lockwood seconded the motion. Councilman Losleben moved approval of the minutes of the April 25th meeting as corrected. Also to be included with the minutes is a copy of the itinerary sheet for the City tour. Councilman Mertensotto seconded the motion. Mr. Tim Mernane, representing Federal Land Company and Mr. Vern Colon, who could not be present this evening, was present to answer any questions regarding the application by Federal Land Company for a proposed subdivision of residential land on TH 13. Mr. Mernane noted that each of the eleven lots would meet the minimum requirements, with lot sizes ranging from 15,500 square feet to 22,000 square feet. He noted that the average square footage will be 17,600, and that no variances would be required. This is the same parcel of land that was originally proposed for townhouse development in late 1980, which was subsequently denied by the City Council. It was pointed out that at the April 28th Planning Commission meeting, a petition was received requesting the vacation of Eugenia Street. Mayor Lockwood expressed a desire to see Miriam Street be put through to TH 13. Councilman Mertensotto suggested vacating Eugenia Street with the City retaining an easement for utilities or a pedway. Mr. Mernane noted that Mr. Colon had favored the cul- de-sac in the development as was recommended by Planner Dahlgren and wished to cooperate with the Planner's recommendations. The general concensus of the Council was that Miriam Street should be ,put through to TH 13. Mayor Lockwood noted that the City would be willing to grant approval of substandard size lots in order to allow the through street. At this point, Mr. Mernane requested that the matter be tabled until later in the meeting, which would give him a chance to contact Mr. Colon to see if he would be able to attend the meeting for further discussion. Mayor Lockwood brought up the question of the small piece of tax Page 1463 May 5, 1981 forfeit land and did not wish to leave the issue unresolved. Public Works Director Danielson also noted that Outlot A contains 2,450 square feet of land and there was some question over what this land would be used for or who it would belong to. PARK CLEAN-UP DAY Mrs. Mary Jeanne Schneeman, a member of the Park and Recreation Commission, was present to tell everyone about the first Annual ParkPick-up Day to be held on Saturday, May 9th, from 9 to 11:00 A.M., at the six City parks. She noted that the City will be providing pop, cookies, and trash bags for the clean up. HEARING: TAX INCREMENT Mayor Lockwood opened the hearing on the proposed Development FINANCING District No. 1 and the associated Tax Increment Financing plan. Financial Advisor Larry Shaughnessy gave an oral presentation. He noted that the MAC officials were in the process of declaring their 72 acres as surplus property and were in agreement with the proposed plan of land development. City Attorney Winthrop noted that he envisions no big problem with the MAC officials on the matter of land jurisdiction. Mr. Shaughnessy went on to say that he and Public Works Director Danielson had met with Dr. Zahn of School District #197. Dr. Zahn noted that the City could proceed as they wanted to do with the proposal, that the School District did not have any objections. Shaughnessy and Danielson also met with Carl Onischuk, Dakota County Auditor, who was exceedingly cooperative in answering any concerns and questions. Mr. Shaughnessy noted that there are two items that the City should be concerned with. 1) A clause in the plan itself authorizing the Tax Increment Financing plan, leaving it up to the County Auditor to determine the valuation of any new building permits issued within 18 months of the adoption of the plan. The City is recommending the tax increment district receive valuation of the three building permits for Foto-Mark, Circle Air Freight and Cedo Builders. 2) The matter of sharing the fiscal disparity increment with the Metro pool. If we do not share the increment, we do two things: 1) we give anyone that builds within the Tax Increment Financing district a 20 mill break on 40% of his valuation. 2) That break we give them must be made up by the remaining commercial and industrial property outside of the Tax Increment Financing district. Mr. Shaughnessy noted that some communities share and some do not share. He did not support the option of not sharing with the pool. Mr. Shaughnessy also noted that the Plan can be amended if necessary, within five years. The general concensus of the Council was that the City should participate in sharing in the Metro pool as they felt there was no good alternative. Councilman Losleben wondered why the shopping center was not included in the TIF district. After further discussion, Councilman Mertensotto moved that the hearing be closed at 8:55 PM. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE 81-04, FEDERAL LAND CO., SUBDIVISION Ayes: 5 Nays: 0 BID AWARD Ayes: 5 Nays: 0 COMMISSION REPORTS CASE 81-09, LEWIS, SUBDIVISION Page 1464 May 5, 1981 Councilman Losleben moved adoption of Resolution No. 81-28, "RESOLUTION TO DESIGNATE AND ESTABLISH A DEVELOPMENT DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF SECTION 472.01 TO 472.13 INCLUSIVE OF THE MINNESOTA STATUTES AND ESTABLISH A TAX INCREMENT DISTRICT A, B, AND C, PURSUANT TO THE PROVISIONS OF SECTION 273.71 TO 273.78 INCLUSIVE OF THE MINNESOTA STATUTES (CHAPTER 322, LAWS OF MINNESOTA, 1979) AND ADOPTING A TAX INCREMENT DISTRICT PLAN." Councilwoman Witt seconded the motion conditioned that the Plan be amended to include the Fiscal Disparities Sharing concept. Financial Advisor Shaughnessy noted that the plan will be revised to show the District sharing with the fiscal disparities pool. The Council also acknowledged receipt of the Planning Commission resolution as concerns the Tax Increment Finance plan. Mr. Tim Mernane had come back into the audience and noted that Mr. Colon was in a meeting in Eagan and would not be able to come to the City Hall for further discussion on his application of a subdivision. Councilman Mertensotto moved to continue the discussion to May 19th at 8:00 o'clock P.M. Mayor Lockwood seconded the motion. City Engineer Kishel advised of the bids that were received on April 30th, to construct utilities in the intersection of North- land Drive and Pilot Knob Road. Councilman Hartmann noted that as of this date, Pilot Knob Road will be closed for one week from Lone Oak Road to Mendota Heights Road. Councilman Losleben moved the adoption of Resolution No. 81-29, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PILOT KNOB ROAD UTILITY awarding the bid of $28,4 Councilwoman IMPROVEMENT, IMPROVEMENT NO. 81, PROJECT 4)" bid to Sandmark Construction Inc., for their low 40. Witt seconded the motion. The Council acknowledged receipt of the Planning Commission minutes from the April 21st and April 28th meetings. Mr. Lyle Lewis, 760 W. Wentworth Avenue, was present to request a lot division for his property, located on the south side of Wentworth Avenue, west of Dodd Road. He noted that their lot is 211.74 feet wide and 337.67 feet deep and that their home is located in the far northwest .corner of the lot. He is proposing to divide the property into two lots, one of which (containing the house) would have 111 feet of frontage on Went- worth and a depth of 153.83 feet. The remainder of the land would be "L" shaped with 100 feet of frontage on Wentworth and a depth of 337.67 feet. Mr. Lewis noted that if he is unable Page 1465 May 5, 1981 to sell the L-shaped parcel, then he would build a home on that lot and live there himself. There was some discussion on the future use of the land south of Mr. Lewis. Mayor Lockwood indicated a desire to obtain some input from the City Planner as to the potential of other streets going in the area from Dodd Road and also what the potential is for Wachtler to be extended. After further discussion, Councilman Hartmann moved to continue the matter to June 2nd, allowing time to receive the Planner's report. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE 81-11, Mrs. D. G. Raddatz, of 987 Delaware Avenue, was present to request RADDATZ, a six foot sideyard variance to allow construction of a screen VARIANCE porch addition to her home. Her home is constructed four feet from the side property line and the addition would be aligned with the home. Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 Councilman Hartmann moved to grant approval of the requested six foot sideyard setback variance to allow construction of the addition for 987 Delaware Avenue, as per the sketch plan submitted. Mayor Lockwood seconded the motion. Mr. and Mrs. Helmut Wirkus, 950 Wagon Wheel Trail, were present to complain about their neighbor, the Koehnen's at 940 Wagon Wheel Trail, keeping equipment and general junk on their property. They noted that he conducted a contracting business from that address, titled Royal Asphalt, which was listed in the yellow pages of the telephone directory. According to the Wirkus', there are diesels in and out of that address which are quite noisy and concrete and steel beams lying in the yard, which apparently can be seen only from the Wirkus' upper story bedroom windows. They wondered what the City can do to put a stop to this business, which is located in a residential neighborhood. They pointed out that this has been going on since they purchased their home in 1966 and possibly for some time before that. They had not complained before this time because they were afraid of repercussions from the Koehnen's and/or their children. City Attorney Winthrop suggested that the Police Department inves- tigate the situation and if a violation is found, then issue a citation and possibly obtain a court order to force him to discontinue the business. It was suggested that possibly the police film the operation as evidence. After further discussion, Councilman Hartmann moved that the matter be referred to the Police Department for a full inves- tigation and to gather evidence and to keep the Wirkus family informed of the situation. Councilman Losleben seconded the motion. Page 1466 May 5, 1981 A neighbor of the Wirkus family, residing at 938 Wagon Wheel Trail, noted that the diesels were started up at 5:00 A.M., and roared for 15 minutes before they left the residence. COMMUNICATIONS The Council acknowledged a letter, dated April 15, 1981, from Representative Carolyn Rodriguez, addressed to Mayor Lockwood, and stating her position on 1-494. The concensus of the Council is that she took .a double position, reversing her stance from her position which she presented to Phyllis Reha, Hearing Examiner for the DNR case, involving 1-494 right-of-way. The Council felt that Representative Rodriguez should withdraw her statements to the Hearing Examiner, or at least correct them. After further discussion, City Administrator Johnson was directed to respond directly to Phyllis Reha, if the hearing is still open. If the hearing has been closed, he is to respond directly to Represen- tative Rodriguez, stating that her two-sided position has no credibility. PETITION Ayes: 5 Nays: 0 DEPARTMENT REPORTS MISCELLANEOUS CABLE ADVISORY APPOINTMENT Ayes: 5 Nays: 0 The Council received a Handout letter from United Properties, requesting the preparation of a feasibility report for improvements on Northland Drive, from Pilot Knob Road to TH 55, and on Transport Drive, from Mendota Heights Road to Northland Drive. Councilman Losleben moved the adoption of Resolution No. 81-30, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR NORTHLAND DRIVE AND ADJACENT AREA IMPROVEMENTS". Councilman Mertensotto seconded the motion. Staff was directed to proceed with the feasibility study upon receipt of the appropriate escrow as required by Ordinance No. 154. The Code Enforcement Officer's monthly report for Apkil, 1981, was acknowledged. Mayor Lockwood noted that he had received a telephone call from Clarence Mattson, wondering what the status of his building permit was and why it was being held up. Mayor Lockwood also received a call from a gentleman on Teresa Street who was involved in a hit/run vehicular accident, where no citation was issued. The gentleman wondered why no ticket had been issued. Mayor 'Lockwood noted that he had spoken with Mrs. Rose Huntley, 1402 Cherry Hill Road, in regard to replacing Jim Lilly, who had recently resigned.from the Cable Advisory Commission. Mrs. Huntley was agreeable to the appointment. After a brief discussion, Councilman Losleben moved that the Council appoint Mrs. Rose Huntley to replace Mr. Lilly on the Cable Advisory Commission. Councilman Hartmann seconded the motion. MISCELLANEOUS MISCELLANEOUS HASKELL APPEAL Ayes: 5 Nays: 0 MENDOTA WATER STUDY CHANGE ORDER #1, VICTORIA TOWNHOMES Ayes: 5 Nays: 0 LAKERIDGE PUD FEASIBILITY STUDY WATER TOWER Page 1467 May 5, 1981 City Administrator Johnson noted that the District #197 Community Education group will be meeting Thursday, May 7th and he felt that someone from the Council should attend the meeting. Mayor Lockwood noted that he would be unable to attend and Councilwoman said that she would attend the meeting. City Attorney Winthrop distributed several contracts which were ready for signatures. He also distributed several resolutions which had been adopted previously. City Attorney Winthrop advised that Mayor Lockwood had spoken with Mrs. Ruth Haskell, regarding her assessment for Improvement No. 77, Project No. 14, the Ivy Falls Creek drainage assessment. Mr. Winthrop noted that Mrs. Haskell would be willing to settle for $1,000, rather than the previous $600 settlement which was originally proposed. Councilwoman Witt moved the adoption of Resolution No. 81-30A, "RESOLUTION PROVIDING FOR THE SETTLEMENT OF HASKELL ASSESSMENT APPEAL", reducing the Haskell assessment to $1,000. Councilman Hartmann seconded the motion. City Attorney Winthrop noted that he had spoken with Michael O'Brien, Mendota attorney concerning Mendota's request to participate in a $3,500 feasibility study on drainage problems. The Council felt that any participation would be an admission of liability. Councilman Losleben felt that it would be a wise decision to work with them and to help them. No action was taken. Engineer Kishel explained the reason for the requested Change Order, noting that several walkout entrances were being proposed for the development of Victoria Townhomes. The Council acknow- ledged receipt of a handout petition from Mr. Gerald Frisch, asking that the change order be approved. In view of the letter from Gerald Frisch, requesting approval of the change order, Mayor Lockwood moved the approval of Change Order No. 1, for Improvement No. 81, Project No. 1, for Victoria Townhomes. Councilman Losleben seconded the motion. City Engineer Kishel discussed a feasibility study for Lakeridge, along with potential drainage plans for the site. Public Works Director Danielson noted that he had received a proposed drawing of improvements to the City's elevated water tower, as prepared by Pittsburgh Des-Moines Steel Company. He noticed that no lettering was included in the drawings and thought that it was possibly an oversight on PDM's part. After further checking, he found out that it was not an oversight, it was intentional not to include any lettering. He will advise them that this is not what the City desires, that we wish to have the lettering as formerly proposed. LANDFILL SITE SELECTION LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 LMC MEMO MISCELLANEOUS Ayes: 5 Nays: 0 DISCRETIONARY GRANT APPLIC- ATION Page 1468 May 5, 1981 The Council acknowledged receipt of a memo from City Clerk Swanson relative to the Dakota County Landfill site selection. Councilman Losleben moved approval of the list of claims, dated May 5, 1981, and totalling $82,921.20. / Councilman Hartmann seconded the motion. Mayor Lockwood moved approval of the list of licenses, granting licenses to: Brick & Stone, Inc. Krumwiede Construction, Inc. Wangerin, Inc. B-Tu-Mix Construction, Inc. Fazendin Homes, Inc. Hughes Construction Minnesota Exteriors, Inc. Minnesota Package Products Ovall Roofing & Construction Wiegner Construction Co. Stahnke Plastering, Inc. Par 3 Golf, Inc. Concrete Contracting License Concrete Contracting License Excavating License General Contracting License General Contracting License General Contracting License General Contracting License General Contracting License General Contracting License General Contracting License Plastering/Stucco Contracting 3.2 Malt Beverage "on-Sale" Liquor Councilwoman Witt seconded the motion. The Council acknowledged receipt of a memo from City Administrator Johnson relative to Governor Quie's revised budget. The memo noted a $25,000 shortfall for the anticipated 1982 City budget and a shortfall of $71,560 for 1983. He then read portions of newspaper articles relative to the budget cuts. Administrator Johnson suggested that the Council respond, noting that local elected officials are responsible people and suggest that the levy limits be stricken. No further action was taken. City Administrator Johnson distributed a handout agreement between the City and Richard Bjorklund authorizing the burning down of an accessory building by the City Volunteer Firemen as a train- ing purpose. Councilman Losleben maned that the Mayor and Clerk be authorized to execute said agreement. Councilman Hartmann seconded the motion. City Administrator Johnson distributed a Resolution requesting $12,000 in additional discretionary funding from the Metropolitan Council for comprehensive planning costs. Ayes: 5 Nays: 0 SUBURBAN RATE AUTHORITY Page 1469 May 5, 1981 After a brief discussion, Councilman Losleben moved adoption of Resolution No. 81-31, "RESOLUTION REQUESTING 1980-81 LOCAL PLANNING ASSISTANCE DISCRETIONARY GRANT FUNDS FROM THE METROPOLITAN COUNCIL." Councilman Mertensotto seconded the motion. City Administrator Johnson distributed a handout resolution asking for support for the Suburban Rate Authority to monitor the Metropolitan Waste Control Commission. After some discussion, Councilman Hartmann moved adoption of Resolution No. 81-32, "RESOLUTION AUTHORIZING AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT." Councilwoman Witt seconded the motion. Ayes: 3 Nays: 2, Losleben & Mertensotto MISCELLANEOUS Councilman Losleben expressed his dissatisfaction with the fact that the DeLisi ordinance amendment was going to the Planning Commission. He did not feel that the ordinance should be amended. The pros and cons of a proposed ordinance amendment were then discussed. GOALS AND This item was listed for discussion on the agenda, but it was OBJECTIVES not discussed. ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:52 o'clock P.M. Mary hn DeLaRosa, Deputy Clerk ATTEST: offy-ele),J,3tyort Robert G. Lockwood, Mayor