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1980-12-02 Council minutesPage No. 1386 December 2, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 2, 1980 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, Council Members Hartmann, Losleben and Witt. Mayor Lockwood had notified the Council that he would be late. APPROVAL OF Councilman Hartmann moved approval of the minutes of the. MINUTES October 21st meeting. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 INDUSTRIAL REVENUE FINANCING Councilwoman Witt moved approval of the minutes of the November 18th meeting. Councilman Losleben seconded the motion. • Actiftg"-Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Mr. Robert Tousignant for the issuance of a $450,000 Industrial Revenue Note for Engineered Concrete Placer of Minnesota. Mr. Tousignant stated that he is interested in purchasing the Gardner-Denver building to house his concrete pumping business. Mr. Tousignant stated that if the financing is approved, the . only change-he contemplates in the exiting structure is the finishing of the second floor into 5,000 square feet of office area, •and the installation of a door and window on the east side of the structure. He indicated that he would lease out the office space and provide a separate entrance for the lessee. The Council asked several questions regarding parking and exterior storage. Mr. Tousignant indicated that, since the pumps are hydraulic, the vehicles must be parked inside the building, and that he therefore does not intend to use the fenced area for•storage of vehicles nor does he intend to allow the area to become a.7junky" contractor's yard. Financial Advisor Shaughnessy stated that the application for financing complies with State Statutes in all respects and is different from previously approved Industrial Financing only in that the applicant proposes to purchase and remodel an existing structure rather than constructing a new structure. Acting Mayor Mertensotto asked for questions and comments from the audience. Ayes: 4 Nays: 0 Page No. 1387 December 2, 1980 There being no questions or comments, Councilman Hartmann moved to close the hearing and adopt Resolution No. 80-103, "RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS." Councilwoman Witt seconded the motion. The hearing was closed at 7:57 o'clock P.M. FEDERAL LAND COMPANY The Council acknowledged receipt of a petition in PLANNED UNIT opposition to the proposed Federal Land Company P.U.D. DEVELOPMENT as well as a petition in favor of the application, along with letters from the following persons relative to the P.U.D. application: Mr. Vernon Colon, Federal Land Company. James T. Flanagan, 995 Winston Circle; Barbara Flanagan, 995 Winston Circle Dr. Robert L. Altman, 1000 Winston Circle Mary J. Shaughnessy, 572 Miriam Street Mr. George J. Kurvers, 1010 London Road Mr. & Mrs. John P. Tuohy, 1007 London Road Mr. Julian V. Bilski, 605 Winston Court Mr. William P. Shaughnessy, 562 Winston Court Ms. Mary Jean Bilski, 605 Winston Court Mr. David V. Johnson, 559 Miriam Street Ms. Clara B. Ruhnau, 591 Hiawatha Avenue Mrs. Virginia Colon, 994 Winston Circle Mr. & Mrs. J.J. Vitelli, 1163 Ivy Hill Drive Mrs. Leonard Dolny, 1000 Downing Ms. Mary Trader, 990 Downing Mr. & Mrs. David Berg, 600 Winston Court Ms. Jeannette Wier, 610 Maple Park Drive Mr. Kenneth J. Slater, 1342 Cherry Hill Road Mr. & Mrs. Robert Clemens, 1137 Sylvandale Road Mr. Donald Huber, 577 Maple Park Drive Mrs. Alex Liebel, 662 Laura Court Mr. & Mrs. James Weber, 606 Sibley Highway Mr. Ray E. Wheeler, 1426 Farmdale Road Mr. Michael Kluznik, 1057 Chippewa Acting Mayor Mertensotto pointed out that the Planning Commission had referred the matter to the Council after unanimously recommending denial, and felt that returning the application to the Commission for a public hearing on the revised plan would serve no purpose. He expressed concern over several details which had not been addressed in staff .) reports and suggested that discussion on the application be tabled to allow time for preparation of reports and recommendations by staff. Several Council members discussed additional concerns, and the Council directed that staff members and the City Planner and Attorney prepare a report and recommendation to include the following: information on the most likely way in which single family development of the site would occur; advisability Ayes: 4 Nays: 0 EAGLE RIDGE DRAINAGE Ayes: 4 Nays: 0 Page No. 1388 December 2, 1980 of vacating Eugenia Street; Miriam/Hiawatha traffic circulation without access to T.H. 13; road grade prospects if the site were to be developed for single family structures; information on drainage from single family development versus P.U.D., including consideration of drainage characteristics and needs of .surrounding areas; and the pros and cons of P.U.D. versus single family development. Councilwoman Witt moved to continue discussion on the P.U.D. application to January 20th. Councilman Losleben seconded .the motion. Acting Mayor Mertensotto opened the meeting for the purpose of a public hearing on proposed drainage improvements to serve a portion of Eagle Ridge and adjacent areas. He then turned the meeting over to Administrator Johnson Administrator Johnson reviewed the history of the proposed project for the Council and audience. Mr. Johnson stated that since the original hearing was conducted in May, the Council has received and approved the Victoria Townhomes development and Bream/Lanvesco Eagle Ridge development. He pointed out that the Lanvesco plan included a drainage plan, and as a result of the study of the plan it appeared that storm sewer construction would not be necessary for all of Eagle Ridge He stated that a supplemental feasibility study from the City engineer encompasses about one-third of Eagle Ridge. He stated that the estimated cost for storm sewer construction would be approximately 22 per square foot for the Victoria Townhomes area and approximately 7 per square foot for those properties in Eagle Ridge which are included in the proposed construction project. He indiated that the feasibility report addresses the installation of underground piping across Victoria. The report indicated a cost distribution for said installation of roughly 50% to Victoria Townhomes and 50% to the affected Eagle Ridge properties. Acting Mayor Mertensotto asked for questions and comments from the audience. Mr. Richard Leyh, President of the Eagle Ridge Association, stated that the Association members would want the assessments applicable to the association members equally divided rather than on the lot size basis. Mr. Don Friedlander, a member of the Association, asked if any consideration had been .given to draining the surface water in a manner so that it Could be tied into the Bream development plan. There being no further questions or comments from the audience, Councilman Losleben moved that the hearing be closed at 8:32 o'clock P.M. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 MN/DOT FACILITY Page No. 1389 December 2, 1980 Councilman:Losleben.moved the adoption Of Resolution No. 80- 104, "RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENTS TO.SERVE EAGLE RIDGE AND ADJACENT AREAS AND PREPARATION OF PLANS AND SPECIFICATIONS THEREFOR, (IMPROVEMENT NO. 78, PROJECT NO. 6)." Councilwoman Witt seconded the motion. Mr. Wayne Murphy and.Mr. William Merritt, from the DePartment of Transportation were present to discuss the proposed location of a Mn/DOT maintenance garage in the MAC area in Mendota Heights. Mr. Merritt,Deputy Commissioner,.explained his involvement in the matter. He stated that he-was present at an October meeting between Mn/DOT, MAC, and the City of Mendota Heights, at which time Administrator Johnson explained some of the problems which the'MAC area presents. He expressed his concern over time delays in the decision-making process. He reviewed Mn/DOT goals in reorganizifig and consolidation of maintenance stations. Mr. Merritt distributed a report to the Council and reviewed Mn/DOT financing for the station consolidation. He expressed concern over the fact that Mn/DOT is completing lane miles of freeway and has an urgent need for a facility to service those lane miles. Acting Mayor Mertensotto explained the Council's concerns over MAC restrictions affecting development of the area, the need for utilities and the need for a development plan. AdMinistrator Johnson stated that the MAC has indicated that they would cooperate in the platting of the property but not in the cost of utility construction. Councilman Losleben suggested that the City install the utilities and assess MAC. City Attorney Winthrop suggested that perhaps the best way to proceed would be to consider establishing an H.R.A. for development of the area or work through a private developer in concert with MAC for development of the area. Mr. Merritt reviewed layouts of the proposed Mn/DOT site for the Council, and Mr. Murphy explained the various airport zones which affect the development. It was the concensus of the Council that the concept of the maintenance facility is good. Acting Mayor Mertensotto stated that he feels the City ) should proceed to explore with MAC the idea of development '- through an H.R.A. or private development. He asked the Mn/DOT representatives to work with the City staff, planner and MAC . He suggested that the Mn/DOT people advise MAC of the nature of this evening's discussion, advising them that the City is willing to accept the structure provided MAC will work with the City in the development of the area. FREEWAYS Page 1390 December 2, 1980 The Council directed the City Attorney and Financial advisor Shaughnessy to research State Statutes or the possibility of special legislation to allow public development of the MAC area. Mr. Bob Rosas, Mn/DOT Design Engineer, distributed information relative to the major highway construction timetable in Dakota County. Mr. Rosas explained the status of plans, bids and construction on 1-494 and I-35E. Mr. Rosas stated that construction of-1-494 is .of more importance to the Federal Highway Administration and Mn/DOT than 1-35E and that 1-494 construction should move along slightly ahead of 1-35E. Mr. Rosas stated that a public hearing will be held on January. 12 relative to issuance of DNR permits for 1-494 through Sunfish Lake. Mayor Lockwood arrived at 9:27 P.M. Acting Mayor Mertensotto reminded Mr. Rosas of the City's position that 1-494 should be constructed either before or concurrent with the completion of 1-35E to T.H. 110. Mr. Rosas then discussed the status of 1-35E and the Environments . Impact Statement being prepared. He advised the Council of a meeting to'be •held on December 8th in the Council chambers at which the Metropolitan Council plans to make a presentation and entertain comments on 1-35E. He stated that Mn/DOT will request City Council approval of La#OUrfOrroii0Sed I-35E at some time after the _January 12th DNR-liearing on 1-494. Acting Mayor Mertensotto expressed the Council's appreciation for Mn/DOT'S interest the Council's concerns over freeway construction and traffic impacts. CASE NO. 80-04, Acting Mayor Mertensotto noted that discussion on the LONDON/ANDERSON London/Anderson Homes application for Critical Area site plan HOMES review for 1665 Lexington Avenue had been continued from the November 18th Council meeting. City Administrator Johnson read a letter submitted by the City of Lilydale relating several concerns over issuance of a building permit for the site. Public Works Director Danielson stated that he has spoken to the Lilydale City Clerk relative to the Lilydale concerns and that he believes that he is satisfied on all of the concerns based on the site plan submitted by the applicant, including concerns over off-street parking, erosion and drainage. Mr. Danielson stated that the site plan totally conforms with the Critical Area Ordinance requirements and that he believes the proposed home will improve the quality of the surface water run-off rather than increase the run-off. Mr. Barrick, prospective owner of the proposed home, was present and described the property for the Council. After discussion, Councilman Hartmann moved approval of the application for building permit in the Critical Area and waiver of the public hearing requirement, conditioned upon the Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 PLANNING COMMISSION APPOINTMENT Ayes: 5 Nays: 0 Page No. 1391 December 2, 1980 satisfaction,of any staff conditions or requirements. Mayor Lockwood seconded the motion. The Council acknowledged and briefly discussed a memo from the Code Enforcement Officer relative to the renovation of 713 West Wentworth. In his memo, Mr. Berg advised the Council that the required renovation has been completed, and recommended that the Letter of Credit submitted by Mr. Peter Bradt to insure renovation be returned. On the recommendation of the Code Enforcement Officer, Councilman Losleben moved to authorize the release of the $8,000 letter of credit submitted by Peter Bradt. Councilwoman Witt seconded the motion. Mayor Lockwood reviewed for the Council the several letters -:..-. from residents interested in appointment to the Planning Commission. •He stated that he has spoken to three people who had submitted applications for appointment to the Commission seat vacated by Mrs. Shipman, those residents being Janet Blesener, Norinne McCarthy and M. Jerome Morson, Sr. Mayor Lockwood reviewed the qualifications of the applicants and recommended that Mrs. Blesener, a professional architect, be appointed to the Commission. Mayor Lockwood moved that Mrs. Janet Blesener, 1818 Twin Circle Drive, be appointed to serve on the Planning Commission to complete the unexpired term vacated by Mrs. Madelyn Shipman. Councilman Hartmann seconded the motion. WASTE CONTROL COMMISSION The Council acknowledged and discussed a memo from the SEWER SERVICE ADVISORY Metropolitan Waste Control Commission advising the Council of BOARD APPOINTMENT the creation of Sewer Service Area Advisory Boards and recommending that the Council appoint a Council or staff member to represent the City on the Board. After discussion, Councilman Hartmann moved that Public Works, Director James Danielson be appointed to serve as the City's representative on the Sewer Service Area Advisory Board. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT REPORTS The Council acknowledged receipt of October monthly reports from the Police Department and Code Enforcement Officer. PLANNING COMMISSION PARK COMMISSION PERSONNEL Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 INSURANCE Page 1392 December 2, 1980 The Council acknowledged receipt of the minutes of the November 25th.Planning Commission meeting. The Council acknowledged receipt of the minutes of the November 25th Park and Recreation Commission meeting. The Council discussed at length the Commission recommendation that the City Attorney be directed to draft an opinion on the release of covenants restricting use of the property ,currently used as the Friendly Hills Tot Lot. Administrator Johnson stated that the Park and Recreation Commission feels the Tot Lot is a poor public facility and would like to dispose .of the property. Attorney Winthrop stated that if the question is just whether the City wishes to maintain those parcels, the Council could choose to vacate the property and allow it to return to private ownership. He stated that his original understanding was that the Commission wanted to sell the lots, and now understands that the Commission does not believe the Tot Lotis a good facility and the City should not spend money or time to keep it as a park facility. He suggested that the Commission should recommend to the ' Council that the time and money for maintenance of the facility be re-allocated to different park sites and that only low budget maintenance be considered for the Tot Lot. Acting Mayor Mertensotto suggested that perhaps the Friendly Hills Civic Association should be contacted relative to the City's concerns. He felt that perhaps the Council should consider taking the existing playground equipment out of the park facility if thefcommision'feels ,it-ie,.-119t:!aPipr°Priate As the result of the discussion, staff was -directed to - advise the Par] commission of the Council's concerns. Councilwoman Witt moved to accept tne resignation of Police Officer Richard. Munson from his position of patrolman, effective December 13, 1980. Councilman Losleben seconded the motion. 'Councilman Hartmann moved to accept the resignation of Jon Larson from his position as Accounting Clerk. . Councilwoman Witt seconded the motion. City Administrator Johnson advised the Council that the City's insurance, including police false arrest coverage, through the League.of Minnesota-Cities Insurance Trust will reflect a total premium savings of $5,548. The City Council acknowledged that the payment for insurance coverage is included in the List of Claims for approval this evening. COMPREHENSIVE PLAN VALLEY VIEW OAK EASEMENT Ayes: 5 Nays: 0 IVY FALLS ADDITION IMPROVEMENTS ELEVATED WATER TANK LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Page No. 1393 December 2, 1980 Administrator Johnson advised the Council of a recent communication from the League of Minnesota Cities Insurance Trust wherein the LMCIT indicated that the Workers' Compensation _ portion of the insurance program is working well and that the City should expect about a 25% refund in premium. Administrator Johnson distributed copies of a press release contained in both the Southwest Review and Dakota County • -Tribune wherein the City was given very negative publicity relative to low and moderate income housing in the Comprehensive Plan document. The Council discussed the news releases which appeared in the November 26th Tribune and the subsequent release in the Southwest Review and expressed displeasure with the information contained in the releases. The Council directed that the Mayor and City Administrator draft an appropriate response to the Metropolitan Council. City Attorney Winthrop recommended that the Council accept •a temporary easement for the location of ponding areas on two lots located within the Valley View Oak Addition. He advised that if the easement is approved, it would terminate when a permanent storm sewer system is built along T.H.110. Acting -Mayor Mertensotto moved to accept the drainage easement on behalf of the City and to direct the City Attorney to supervise the recording thereof. Mayor Lockwood seconded the motion. City Engineer Kishel reviewed preliminary ideas for proposed street and drainage improvements in the Ivy Falls Addition. Public Works Director Danielson advised the Council that the $73,561.62 payment for water tank construction withheld from the Pittsburgh-Des Moines Company in August has been included in this evening's claim list, and recommended that payment be approved. It was the Council concensus that payment be approved and that Pittsburgh-Des Moines be advised that the payment is being made because of their affirmative response to the Council's concerns over the tank and further that the Council does want a real correction of the tank to occur. Mayor Lockwood moved approval of the List of Claims dated December 2, 1980 and totalling $184,964.87. Councilman Losleben seconded the motion. Councilman Losleben moved approval of the list of licenses, granting licenses to: Ayes: 5 Nays: 0 MISCELLANEOUS J & D Builders, Inc. RI - GO Builders, Inc. Cady Construction Nordling Construction Co. Twin City Builders, Inc. Page No. 1394 December 2, 1980 General Contractor License General Contractor License Siding License General Contractor License , General Contractor License Councilman Hartmann seconded the motion. Public Works Director Danielson advised the Council that Mn/DOT has requested approval of installation of traffic signals at the intersection of T.H. 55 and Mendota Heights Road in conjunction with the construction of 1-494 and have asked that the City support the installation and participate in the maintenance costs therefore. The Council indicated its support in principle and directed the Public Works Director to get additional information on costs. FIRE RELIEF ASSOCIATION The Council.acknowledged and discussed receipt of proposed BYLAWS AMENDMENTS revisions in the Fire Relief Association Bylaws as prepared and presented by Councilman Mertensotto. ADJOURN Ayes: 5 Nays: 0 There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilman Hartmann seconded the motion. TIME. OF ADJOURNMENT: 11:59 o'clock P.M. ATTEST: Charles E. Mertensotto Acting Mayor Kathleen M. Swanson City Clerk