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1979-12-04 Council minutesPage 1193 December 4, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 4, 1979 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, Councilman Hartmann, Councilman Losleben, Councilman Mertensotto, Councilwoman Witt. CASE NO. 79-26, MILNAR Ayes: 5 Nays: 0 Mayor Lockwood opened the meeting for the purpose of a contin- ued public hearing on an application for conditional use permit for filling on Lot 5, Block 1, Ridgewood Park. The Council discussed several concerns, including drainage, and the advisability of issuing a conditional use permit prior to receipt of landscaping and building plans for the site. There being no questions or comments from the audience, Councilman Losleben moved that the hearing be closed and that the conditional use permit be denied without prejudice to reapplication at such time as building plans are prepared and submitted. Councilman Mertensotto seconded the motion. The hearing was closed at 8:09 o'clock P.M. INDUSTRIAL Mr. Boyd Stoffer, of United Properties, was present to request REVENUE final Council approval of a tax exempt mortgage for United FINANCING Properties (ComServ). Ayes: 5 Nays: 0 DAKOTA'S ADULTS After discussion, Councilman Mertensotto moved the adoption of Resolution No. 79-1214. "NOTE RESOLUTION, CITY OF MENDOTA HEIGHTS $1,000,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1979 (UNITED PROPERTIES PROJECT)." Councilwoman Witt seconded the motion. Mr. Robert Burow and representatives of Dakota's Adults, Inc., were present to request approval of a building permit for the proposed Dakota's Adults facility to be located on Victoria Avenue. Mr. Burow reviewed the building plans for the single- story, slab on grade structure. He stated that the venting stacks on the roof will be painted and that the outside air conditioning units will be screened, that the structure will have wood siding and is designed to be as residential in appearance as possible. He also indicated that the structure, which will house 12 persons, will be constructed with the bed- rooms clustered around a central dining area, and will have no basement. Ayes: 5 Nays: 0 BUILDING PERMIT REQUEST (713 WEST WENTWORTH AVENUE) Page 1194 December 4, 1979 It was the concensus of the Council that Planner Dahlgren should review the plans prior to permit approval by the Council It was also noted that approvals are needed, by the applicant, from several other agencies prior to commencing construction. On that basis, it was the determination that the Council should approve the concept, and that building permit approval should be tabled to a future meeting. Councilman Mertensotto moved that further discussion on the application from Dakota's Adults, Inc. for a building permit be tabled to the first meeting in January. Mayor Lockwood seconded the motion. Mayor Lockwood noted that discussion on the request for permits for renovation of 713 West Wentworth had been continued from the November 20th meeting. Mrs. Donna Bradt and Mr. Peter Bradt were present for the discussion. Mrs. Bradt distributed copies of a proposed irrevocable letter of credit, an agreement and schedule for construction of renovation details. Mrs. Bradt stated that Town & Country State Bank, issuer of the letter of credit, asks that the City submit a statement to be attached to the letter of credit stating that if the owner does not comply with the terms of the agreement and constructio schedule, the City may draw on the letter of credit and expend funds to complete construction. City Administrator Johnson stated that basically the letter of credit and construction schedule are as he discussed with Mrs. Bradt. He stated that if the City receives a signed letter of credit and if the details of the construction schedule meet with staff approval, he could see nothing wrong with issuing the necessary permits. Councilman Mertensotto noted that the letter of credit expires On December 31, 1980, and that the third phase of construction must be completed before December 1, 1980. He felt that the construction completion date should be established 0November 1 rather than December 1, to allow the City enough time to complete any non-completed items prior to the expiration of the letter of credit. Administrator Johnson stated that staff would be monitering the activities, and that he would therefore see no problem with the December 1 completion date. After discussion, Mayor Lockwood moved approval of the issuance of the appropriate permits for 713 West Wentworth, conditioned on the addition of a clause in the letter of credit to allow City drawing of funds for completion, signing of the letter of credit by the bank officials, and approval of the agreement by staff; and further moved that the Code Enforcement Officer be directed to prepare and submit progress reports to the Council at the end of each phase of construction and thirty days prior to completion of the final phase, the final report to state the Code Enforcement Officer's opinion on whether completion can be accomplished prior to December 1, 1980. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 CASE NO. 79-31, TURSSO Ayes: 5 Nays: 0 Page 1195 December 4, 1979 Mr. Dennis Tursso, and Mr. Dick Galena, his representative, were present to request approval of variances for Lot 6, Block 2, Ivy Falls East Addition (1017 London Road). Mr. Galena stated that Mr. Tursso has had installed a concrete patio, in which piping and other equipment is imbedded, six inches to one foot, six inches from the side lot line. He stated that since the City Zoning Ordinance requires a two foot sideyard setback for patios, a one and one-half foot variance would be required for the "top potion" of the patio, and a one foot variance would be required for the "lower portion". He further stated that the Zoning Ordinance requires a five foot sideyard setback for accessory structures, and that the pool equipment, pipes, heater, etc. (considered to be accessory structures), are also imbedded in the patio. He stated that th equipment is located from six inches to three feet from the side lot line, and a variance of four foot, six inches is re- quested for the pool equipment. He also requested approval of a variance of four feet, six inches to allow a wooden fence to enclose this pool equipment. Mr. Galena further requested approval of a 12 foot, seven inch variance from the rear yard setback requirement (the patio has been installed at a distance of 17 feet 5" from the rear yard property line). The Council noted that a contiguous property owner had express- ed his objection to approval of variances. Mr. Galena stated that the neighbor had objected to a variance to allow an accessory structure within the five foot sideyard setback. Mr. Galena stated that the structure to which the neighbor objected has been removed. Councilman Mertensotto pointed out that the applicant has used the term "structure" to apply to the pool equipment, whereas the Council has no desire to approve a variance which would allow construction of a structure. After discussion, Councilman Mertensotto moved to approve a 12 foot, seven inch rear yard setback variance to allow a patio 17 feet, five inches from the rear property line; a one and a half foot variance from the side property line (northeast quadrant) and one foot from the side property line (northwest quadrant) for a patio facility containing imbedded mechanical equipment, conditioned upon the installation of a wooden fence around the mechanical equipment, the fence not to exceed the height of the existing sideyard fence. Councilman Hartmann seconded the motion. CASE NO. 79-33, Mr. Carl Reiher, and his representative,. Mr. Guy DeLambert, REIHER LOT were present to request approval of Mr. Reiher's application DIVISION for the division of Lot 13, Block 5, T.T. Smith's Subdivision No. 3. Mr. DeLambert stated that the lot division application is the result of a request from the adjacent property owner to purchase the westerly 20 feet of Lot 13 so that he can construc Ayes: 5 Nays: 0 POLICE DEPARTMENT RADIO EQUIPMENT Ayes: 5 Nays: 0 POLICE SERVICE AGREEMENTS Page 1196 December 4, 1979 a driveway to a proposed new garage. He stated that Lot 13 is currently 120 feet wide by 125 feet deep: the adjacent pro- perty, Lot 12, Block 5, is 60 feet by 125 feet. He noted that the transfer of property would reduce Lot 13 to 12,500 square feet and increase Lot 12 to 10,000 square feet. After further discussion, Councilman Losleben moved to approve the division of Lot 13, Block 5, T.T. Smith's Subdivision No. 3 as requested, to allow the transfer of the westerly twenty feet of Lot 13 to Lot 12, conditioned upon payment of all costs in- curred by the City as the result of assessment splitting. Councilwoman Witt seconded the motion. Police Chief Thul was present to review his memo recommending the purchase of replacement hand-held radios for the Police Department. Chief Thul advised the Council that at least three of the existing units are unreliable and too limited in range for police use. He stated that he has received a quotation from Motorola Communications, Inc. to furnish the new units at a price of $1,529 each, and requested Council approval of the purchase of a minimum of three units via equipment certificate financing. He also stated that the Fire Department has expressed interest in the existing units and that the units would be appropriate for Fire Department use. After discussion, Councilman Hartmann moved to authorize the purchase of up to five hand-held radio units, model H-33 (MT 500) via equipment certificates, and that the replaced units requested by the Fire Department be transferred after receipt of the new units. Councilman Losleben seconded the motion. Chief Thul advised the Council that the Mendota City Officials have executed the agreement for Police servicing however there is some question over costs for insurance coverage for officerE while they are patrolling outside of the Mendota Heights City limits. He further stated that he had advised the Mendota City Council that the servicing costs in the agreement are sub- ject to any increases resulting in insurance premium adjust- ments. Chief Thul also advised the Council that the Lilydale City Council has taken action to disband their Police Depart- ment and that he has been contacted with regard to possible costs for servicing of Lilydale by Mendota Heights. Chief Thul advised the Council that if Mendota Heights con- tracts for servicing Lilydale, in addition to Mendota, two new patrolman would be required. It was the concensus of the Council that Chief Thul be auth- orized to pursue police servicing of Lilydale as he sees fit. COMMISSION REPORTS LAND USE PLAN SOLAR ACCESS LAND USE PLAN Page 1197 December 4, 1979 The Council acknowledged receipt of the November 27, 1979 Planning Commission minutes. City Planner Dahlgren was present and distributed and reviewed copies of the revised proposed land use plan and text. He requested that the Council review the materials and consider approving the distribution of the plan at the next regular Council meeting. Planner Dahlgren reviewed and explained his report on solar access amendments to the Land Use Plan. He stated that he would prepare a proposed solar access ordinance for submission to the Council within six months. Planning Commission Member Madelyn Shipman stated that she does not feel that the City Council acted in good faith with the policies of the housing element intended by the Metropolitan Council, and that none of the changes made to the proposed land use plan on November 20th received any objection at public hearings except the parcel located near Par 3 Golf Course, Mr. John Frank, also a member of the Commission, agreed that no objections were voiced at any Commission hearings on the pro- posed plan. INDUSTRIAL The Council acknowledged receipt of a letter from the Commiss- REVENUE ioner of.Securities approving the L.O. Werneke Industrial FINANCING Development Revenue Note application. COMMUNICATIONS DEPARTMENT REPORTS FIRE DEPARTMENT Ayes: 5 Nays: 0 The Council acknowledged receipt of a memo and questionnaire from the League of Minnesota Cities regarding levy limits, and determined that the questionnaire should not be completed at this time. The Council acknowledged recipt of the October Police Depart- ment monthly report. The Council acknowledged receipt of a memo from the Fire Department advising that the Department had purchased a Ford van via resources accummulated from the Firemen's Dance Fund. The memo further advised that the vehicle, which is intended to be modified and used as a fire rescue truck, has been donate to the City by the Department. It was noted, that financing for vehicle modification would be financed in part by a $1,000 contribution made to the Depart- ment by Cray Research. Councilman Losleben moved that the Council gratefully accept the vehicle donation from the Fire Department and that a letter of appreciation be sent to the Volunteer Fire Department. Councilman Hartmann seconded the motion. The Council directed that a letter of appreciation be prepared and transmitted to Cray Research for their generous and un- solicited contribution to the Fire Department. PERSONNEL Page 1198 December 4, 1979 On the recommendation of the City Administrator, Mayor Lockwood moved that James Danielson be given permanent employment status as Public Works Director/Assistant Engineer. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 GROUP HEALTH The City Council acknowledged and discussed a memo from City INSURANCE Administrator Johnson relative to the City's group health in- surance coverage, wherein Mr. Johnson recommended that the City enroll in a plan sponsored by the League of Minnesota Cities. Mr. Johnson advised the Council that the current insurance carrier has given very poor service over the past year, that the League plan is comparable to the existing coverage, and that the net cost for the League insurance coverage is less than the existing policy. After discussion, Councilman. Losleben moved to authorize City participation in the League sponsored group health insurance plan, on the condition that no lapse in coverage will occur in the transition. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 PLANNING The Council acknowledged receipt of a roster of Planning COMMISSION Commission members, noting those terms which will expire on January 31st.' The Council directed that staff prepare a press release notifying residents that vacancies may exist on both the Planning and Park Commissions in January, and advising residents that anyone interested in appointment may file their applications with the City Clerk. INFILTRATION/ Public Works Director Danielson reviewed and discussed a memo INFLOW regarding infiltration/inflow analysis and selection of a consultant to study and analyze the City's I/I problems. He briefly reviewed the guidelines for federal funding of such a study. Mr. Danielson also recommended Council adoption of proposed ordinance adopting sewage and waste control regula- tions. Ayes: 5 Nays: 0 SEWER RATES After discussion, Councilman Losleben moved the adoption of Ordinance No. 167, "AN ORDINANCE ADOPTING SEWAGE AND WASTE CON- TROL RULES AND REGULATIONS AND PROVIDING FOR PENALTY FOR VIO- LATION THEREOF". Mayor Lockwood seconded the motion. Administrator Johnson briefly discussed with the Council the need for an increase in sewer rates due to a substantial in- crease in charges from the Metropolitan Waste Control Commi- ssion. He stated that a 25% increase in rates will be necessary in order to off-set the impact of the MWWC increase. SALARY ADJUSTMENTS ENGINEERING MATTERS LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 SERVICE FEES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 1199 December 4, 1979 Administrator Johnson briefly discussed 1980 salary consider- ations for non-union employees and asked for Council direction on the matter. It was the concensus that a total adjustment of eight (8) percent should be considered, with distribution to be based on performance, responsibilities, and other consider- ations. Councilman Losleben was excused from the meeting at 11:45 o'clock P.M. The Council discussed several engineering matters, including the status of Marie Avenue Bridge repairs, a contract extension request for Delaware Crossing, and a memo from the Public Works Director on Ivy Falls Creek drainage improvement construction. Councilwoman Witt moved approval of the list of claims. Councilman Hartmann seconded the motion. Councilman Hartmann moved approval of the list of licenses, granting licenses to: Amcon Corporation Complete Decorating Company Condor Corporation Contemporary Construction Co. Timm Weiss Construction Co- Laubach Construction Co. Rumpca Sewer & Water Conn., Inc. Bey-Roc Company Aquarius Htg. & Plbg. Co., Inc. Genz-Ryan Plumbing & Heating Genz-Ryan Plumbing & Heating Luckie Construction Co., Inc. General Contractors License General Contractors License General Contractors License General Contractors License General Contractors License General Contractors License Excavating License Excavating License Excavating License Gas Heating License Heating & Air Condit. License General Contractors License Mayor Lockwood seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 79-122, "RESOLUTION ESTABLISHING SCHEDULE OF FEES FOR ADMINI- STRATIVE SERVICES", as amended. Councilman Hartmann seconded the motion. There being no further business to come before the Council, Councilwoman Witt moved that the meeting be adjourned. Mayor Lockwood seconded the motion. TIME OF ADJOURNMENT: 12:40 o'clock A.M. (f.oci„,,ove Robert G. Lockwood Mayor thleen M. Swanson City Clerk