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1981-04-07 Council minutes0. April 7, 1981 Page No. 1448 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA. Minutes of the Regular Meeting Held Tuesday, April 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. LEGISLATIVE Mayor Lockwood introduced Representative Carolyn Rodriguez MATTERS to the Council and audience. Mayor Lockwood advised that Representative Rodriguez had accepted the Council's invitation to attend the meeting and discuss both legislative matters currently being considered by the House of Representatives and other matters of interest and concern to the City. Representative Rodriguez stated that she would like to hear the Council's concerns on airport zoning, noise, and related matters as well as other special concerns the Council might have. She advised that she has submitted proposed legislation, which will be studied in Committee during the interim between sessions, which would give a credit from the fiscal disparities fund to those communities whose industrial development potential is reduced because of airport zoning. The Council discussed the preferential runway system and the position taken by the City of Minneapolis. It was noted also that while the alignments can be very specifically drawn on paper, there are no guarantees that the pilot or traffic controller will adhere to those alignments. Councilman Mertensotto expressed his concern over the number of State agencies which become involved in municipal decisions and the lack of coordination of those agencies and their regulations. Rep. Rodriguez stated that the legislature is trying to do a study on the elimination of much of the agency overlapping. The Council members advised Rep. Rodriguez on the Council's position on freeway alignment and asked if she had taken a position on the alignment of 1-494. Rep. Rodriguez stated -- ( that she is still studying the Environmental Impact Statement and the possible alternatives of routing on T.H. 110/55. She stated that in view of the time limitations dictated by the federal funding guidelines, there is not enough time to switch to consideration of the alternatives. She stated that she seriously doubts the Metropolitan Council's traffic projections for 1-494. Representative Rodriguez further stated that she questions the need for six lanes but has never stated that she is opposed to the proposed 1-494 alignment. Mc/MAC Page 1449 April 7, 1981 Councilman Losleben asked Re-presentative Rodriguez if she will support the City's position on 1-494 alignment should there be any trouble over that alignment. Representative Rodriguez stated that she would support the City's position, that she believes it is the best alignment and that it is better than the T.H. 55/110 alternative. With regard to Representative Rodriguez' concern over lanes needed, Mayor Lockwood stated that the six-lane concept should be continued. He pointed out that no freeway will work unless it has at least enough fluid lanes to keep traffic flowing when freeway repairs or accidents tie up lanes. The other members of the Council concurred with Mayor Lockwood's statements. Representative Rodriguez and the Council discussed other concerns, including industrial revenue financing. She asked that the Council advise her of any concerns in writing, with supportive information, so that she may draft amendments to proposed legislation which would impact the City. The Council acknowledged a memo from John Schardlow regarding the Mc/MAC Committee. Administrator Johnson stated that information regarding a proposed application for discretionary funding for City planning costs will be available at the next Council meeting. APPROVAL OF Mayor Lockwood moved approval of the minutes of the MINUTES March 17th meeting. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 ABATEMENTS County Assessor Jake O'Toole was present to request approval of two abatements. Ayes: 5 Nays: 0 TAX INCREMENT FINANCING After discussion, Councilman Mertensotto moved approval of the following abatements: Parcel No. 27-16400-030-00, owned by Lucille Manthey, reducing the assessed value from $15,212 to $13,784 (hi), $9,674(1o). Parcel No. 27-57000-020-02, owned by Donald I. Perron, reducing the assessed value from $3,280 to $1,640. Councilwoman Witt seconded the motion. Mayor Lockwood acknowledged that several members of the Planning Commission were present for the discussion on the tax increment financing proposal. He acknowledged Council receipt of a hand-out draft of the Tax Increment Financing Plan proposal prepared by Financial Advisor Shaughnessy and Public Works Director Danielson. Page 1450 April 7, 1981 Financial Advisor Shaughnessy reviewed the proposed plan for the Council and audience, describing the blighted land element portion of the plan and the redevelopment district portion. He advised the Council that the plan document is subject to whatever changes the Council deems appropriate, and asked that any comments or concerns be submitted to staff so that they may be included as plan revisions. He recommended that the Council adopt a proposed resolution to establish a public hearing on May 5th. Mayor Lockwood explained the tax increment financing theory and benefits for the audience. After discussion, Councilman Losleben moved the adoption of Resolution No.. 81-22, "RESOLUTION ESTABLISHING PUBLIC HEARING ON PROPOSED DESIGNATION OF MUNICIPAL DEVELOPMENT AND ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT," calling for a public hearing at 7:30 P.M., May 5th. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 LAKERIDGE Mayor Lockwood opened the meeting for the purpose of a continued PRELIMINARY hearing on the Bream Homes application for the Lakeridge P.U.D. PLAT Administrator Johnson reviewed a revised preliminary plat for Lakeridge P.U.D., pointing out the following changes from the original proposal: a proposed outlet (Swan Drive) through the Eide. Estates; internal street alignment changes; a change in the ratio of townhouse and condominium units; a proposed earthen berm adjacent to the NSP substation; an increase in park dedication from 6.6 acres to 9.4 acres; and location of a future fire station on the plat exception (Warnke property). Mr. James Hill, representing the developers, stated that the developers will petition for the improvements soon so that the roadways will be passable enough to allow construction of a model home for winter opening. Mr. Harvey Bream also stated that the developers will object to any City consideration of fencing around the proposed public property. Mayor Lockwood suggested that perhaps there should be additional public dedication of a triangle of property on the northwest corner of the proposed park dedication area to provide access to the, proposed north/south street right- of -way. Mr. Bream asked whether the City will groom and maintain the additional area if it is dedicated and the Council members indicated that it would be maintained. Mr. Howard Bream stated that the developers will discuss the Mayor's suggestion with the property owners. Mayor Lockwood asked for questions and comments from the audience. Ayes: 5 Nays: 0 Page 1451 April 7, 1981 There being no questions or comments, Mayor Lockwood moved that the hearing be closed and that the preliminary plat dated April 3, 1981 and discussed this evening be approved, with the assumption that the aforementioned additional land dedication will be effected via a Developer's Agreement with the City. Councilman Mertensotto seconded the motion. SIGN VARIANCE Mr. Clarence Mattson was present to request approval of a CASE NO. 81-2, variance to allow replacement of an existing "Cherokee" MATTSON sign with a Conoco sign at his service station located at T.H. 110 and Lexington Avenue. He stated --) that the existing sign is 24 feet tall, and that it is proposed that the new Conoco sign and a new pole be installed on the existing concrete base which supports the Cherokee sign. Mr. Mattson explained the need to maintain the existing roof signs in order to retain adequate advertising, explaining that the 24 foot sign height does not allow adequate advertising (visibility) from any direction other than from the west. He stated that if he were allowed to install a thirty foot tall structure he would not need the roof signs. The Council, discussed the desireability of approving a height of thirty feet subject to removal of the roof signs. Mr. Mattson stated that if he is allowed to install the proposed sign on a new pole with a total height of 30 feet he would remove the roof signs. Councilman Losleben moved to grant approval of a five foot sign height variance conditioned upon removal of all roof signs on the service station within thirty days, granting approval to install a lighted sign as shown on the plan submitted with the variance application, for a maximum sign height of 30 feet. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CONSENT AGENDA Mayor Lockwood asked whether any member of the Council wished to exclude any item from the consent agenda. Councilman Hartmann moved that the consent agenda be approved. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 Mayor Lockwood moved to acknowledge the following Consent Agenda items: Public Works, engineering, park, street and utility department annual reports; Code Enforcement annual report; Code Enforcement monthly report for March; Park and Recreation Commission Minutes, March 24, 1981; Planning Commission Minutes, March 24, 1981; memo from Administrator Johnson on processing of future Comprehensive Plan changes. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 81-5, HUGHES Ayes: 5 Nays: 0 JUNK CARS Ayes: 5 Nays: 0 MISCELLANEOUS Page 1452 April 7, 1981 Councilman Hartmann moved approval of the List of Claims dated April 7, 1981 and totalling $69,438.91. Councilwoman Witt seconded the motion. Councilwoman Witt moved approval of the list of licenses, granting licenses to: Hines Brothers Masonry, Inc. Layeax Masonry Klamm Mechanical Contractors Conroy Construction Company C & W Carpenters, Inc. Walter'S Construction Mayor Lockwood seconded the motion. Concrete License Concrete License Excavating-,.License General Contractor General Contractor General Contractor License License License Mr. E.T. Hughes was present to request approval of his application for lot size variance for Lot 14, Block 3, J.H. Morrison's Addition. It was noted that the 64.57 by 200 foot lot does not meet the minimum lot size requirement but that the lot was platted prior to adoption of the zoning ordinance. Councilman Hartmannmoved to grant a lot size variance to allow construction of a residence on Lot 14, Block 3, J.H. Morrison's Addition. Councilman Mertensotto seconded the motion. Mr. Phillip Iverson, 708 Sibley Memorial Highway, was present to bring the problem of junk cars on residential properties to the Council's attention. The Council discussed the matter with Mr. Iverson, noting that the City does have a junk car ordinance in effect. After discussion, Councilman Mertensotto moved to direct the Police Department to step up enforcement of Ordinance No. 146, issue warning citations for removal of inoperable or partially inoperable within 30 days of the warning, and to report to the Council those citations which have not been complied with. Councilman Hartmann seconded the motion. The Council discussed the appearance and incomplete condition of a residential structure located at Wachtler Avenue and Sibley Memorial Highway. The Council directed the Code Enforcement Officer to review the matter and report to the Council. COMMUNICATIONS COMMUNICATIONS Page 1453 April 7, 1981 The Council acknowledged a memo from Mr. Jerome Schouveller requesting a deferment of water system improvement assessments against his property and consideration of a change in the zoning of his property located at 2458 Highway 55. With reference to the assessment deferment request, Mayor Lockwood pointed out that a deferment was granted for the portion of the property which has a residence on it and there is no basis for further deferment. The Council concurred. There was some discussion over the request for consider- ation of a zoning change. It was noted that the Tax Increment Financing proposal could affect the Schouveller property. Administrator Johnson also advised the Council that the land, currently zoned B-1A, is shown as "B" zoning in the new comprehensive plan. As the result of the discussion, staff was directed to advise Mr. Schouveller that he and his neighbors may submit a petition for rezoning of the area if they desire a change in zoning at this time. The Council acknowledged Action Alerts from the League of Minnesota Cities on Bills opposed by the League, State Aid street funding and retirement matters. PARK AND Mr. Tom Bayless, Chai±man of the Park and Recreation Commission, RECREATION was present as a representative of the Commission. Mr. Bayless COMMISSION updated the Council on various Commission activities and noted that a representative of the Commission will be present at the Council meetings to act as a liaison between the two groups. He stated that a goal of the Commission is to act with the Council to accomplish something to put the City's parks in better condition. Ayes: 5 Nays: 0 SAFETY COMMITTEE As part of the discussion, the Council was advised that a new bridge has been built by Public Works Department personnel and has now been put in place in Valley Park. The Council expressed its special recognition and commendation to the Public Works Department on the building and moving of the bridge. There was some discussion over development of the ball fields on the Lakeridge site. Administrator Johnson suggested that it would be appropriate to solicit the services of a professional to put together a development plan for the site. Councilman Losleben moved to direct the Park and Recreation Commission to interview professional park planners and solicit proposals for development of the Lakeridge site. Councilman Hartmann seconded the motion. Administrator Johnson briefly reviewed a proposed resolution which would establish a safety committee which would include representatives from each of the City's departments. Page 1454 April 7, 1981 Councilman Hartmann moved the adoption of Resolution No. 81-23, "RESOLUTION ESTABLISHING SAFETY COMMITTEE." Mayor Lockwood seconded the motion. Ayes: 3 Nays: 2, Mertensotto & Losleben MISCELLANEOUS BID AWARD Ayes: 5 Nays: 0 PILOT KNOB ROAD City Engineer Kishel advised the Council that staff has been UTILITY EXTENSION notified by Mn/DOT that work on 1-494 near Pilot Knob Road will be advertised for bids in early June. In response to this notification and the severe time constraints, he has prepared a feasibility study on the relocation of sewer and water mains at Pilot Knob and Northland Drive. He noted that the study was included in the Council agenda packets, and recommended that the Council approve the study, as well as the plans and specifications therefore, so that the construction can be advertised for bids in a manner timely enough to allow relocation before the Nn/DOT construction contract is awarded. Administrator Johnson distributed copies of an excerpt from a recent Citizens League newsletter indicating that the City has the third lowest tax requirement of the communities included in the survey. Engineer Kishel briefly reviewed the tabulation of bids received for construction of the Victoria Town Homes sanitary sewer, storm sewer and water main extensions. Councilman Losleben moved the adoption of Resolution No. 81-24, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR VICTORIA TOWN HOMES SANITARY SEWER, WATERMAIN AND STORM SEWER EXTENSION (IMPROVEMENT NO. 81, PROJECT NO. awarding the contract to Sandmark Construction, Inc. for their low bid of $41,278. Councilwoman Witt seconded the motion. After discussion, Mayor Lockwood moved the adoption of Resolution No. 81-25, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR PILOT KNOB ROAD UTILITY RELOCATION." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 After review of the plans and specifications, Councilman Losleben moved the adoption of Resolution No. 81-26, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PILOT KNOB ROAD UTILITY RELOCATION (IMPROVEMENT NO. 81, PROJECT NO. 4".), with bids to be accepted on April 30th. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Page 1455 April 7, 1981 ASSESSMENT City Attorney Winthrop advised the Council on the status of OBJECTION three legal objections to the Ivy Falls Creek assessment roll. He stated that the objection filed by Mrs. Page Haskell will come up for trial on May 15th, and advised the Council of a negotiated settlement. No action was taken on the matter. BUILDING Public Works Director Danielson reviewed his memo relative to PERMIT an application for building permit from Fotomark for an addition to the existing structure. He advised the Council that the property owners have submitted an executed easement agreement to provide additional right-of-way for Pilot Knob Road upgrading as part of the building permit application process. Mr. Danielson stated that the addition will be approximately the same size as the existing structure and that the new exterior surface will be the same as the existing structure. Councilwoman Witt moved the approval of the issuance of a building permit to Foto Mark for a 145 by 146 foot addition to the existing structure. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Public Works Director Danielson distributed invitations to a City bus tour to be held on April 25th. BUILDING CODE Ayes: 5 Nays: 0 The Council acknowledged and discussed a memo from the City Clerk relative to adoption of the 1979 edition of the State Building Code. It was noted that adoption of the Code would preclude the City's .right to require permits for certain fences, swimming pools and utility structures. It was the concensus of the Council that the Zoning Ordinance should therefore be amended to include a requirement for zoning permits for those uses. After discussion, Councilman Losleben moved the adoption of Ordinance No. 179, "AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE, PROVIDING FOR THE ENFORCEMENT AND REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY AND MAINTENANCE OF BUILDINGS OR STRUCTURES AND PROVIDING FOR THE ISSUANCE OF PERMITS; REPEALING ORDINANCE NO. 502 OF THE CITY OF MENDOTA HEIGHTS AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH." Councilman Hartmann seconded the motion. VACATION On the recommendation of the City Clerk, Mayor Lockwood ORDINANCE moved the adoption of Ordinance No. 180, "AN ORDINANCE ESTABLISHING PROCEDURES FOR VACATIONS OF STREETS OR ALTRYS." Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Page 1456 April 7, 1981 ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:52 o'clock P.M. hleen M. Swanson City Clerk ATTEST: 4)17,4, <i'crritAovt Robert G. Lockwood Mayor