1979-07-10 Council minutesPage
July 10, 1979
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 10, 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, Councilmen Hartmann and Mertensotto, and
Councilwoman 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 June 5th meeting.
Councilwoman Witt seconded the motion.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
DAKOTA'S ADULTS
Councilwoman Witt moved approval of the minutes of the
June 12th meeting with corrections.
Councilman Mertensotto seconded the motion.
Mayor Lockwood opened the meeting for the purpose of a public
hearing on a conditional use permit hearing for a proposed
Dakota's Adults facility to be located on Victoria Road.
Ms. Kathy Peine, Director of Dakota's Children, stated that
it is proposed to construct a facility for twelve adults who
are mentally and physically handicapped. She noted that the
land is being purchased from the Royal Redeemer Lutheran Church
and the project has received approval for HUD 202 financing.
She advised the Council and audience that the HUD program
limits the number of residents to twelve maximum and also
establishes requirements on the number of staff. Mr. Bob Burow,
architect for the project, explained the site plan, setbacks
and floor plan. He noted that the structure will be finished
with redwood tongue and groove siding. Mrs. Peine explained
that the residents of the facility will be 18 years old and older
and special priority will be given to those who have been
residents of Dakota's Childrens facility.
Mayor Lockwood asked for questions and commen ts from the
audience.
Mr. Marty Evans, 2015 South Victoria, expressed concern over
his liability should one of the resident's be unsupervised and
wander onto his property and have an accident. He also
wondered about the safety of the residents because of the
traffic flow on Victoria.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
ZONING ORDINANCE
AMENDMENT
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
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July 10, 1979
Ms. Peine stated that under the program guidelines, the residents
of the facility will be severly physically handicapped and
profoundly retarded. The residents will be non-ambulatory.
Mr. Lawrence Schultz, an adjoining property owner, stated that
he is concerned about surface water drainage from the site, and
further that he has had water problems since grading began on
the Royal Redeemer site. Administrator Johnson stated that
he would offer staff assistance and study to determine what
if any remedial action can be taken to correct any water
problems prior to permanent drainage improvements.
There being no further questions or comments on the matter,
Mayor Lockwood moved that the hearing be closed At 8:45 o'clock.
Councilman Hartmann seconded the motion.
Mayor Lockwood moved the adoption of Resolution No. 79-67,
"RESOLUTION GRANTING CONDITIONAL USE PERMIT FOR DAKOTA'S
ADULTS FACILITY," establishing the conditions therefore.
Councilwoman Witt seconded the motion.
Councilwoman Witt moved that the division of the Royal
Redeemer Lutheran Church property on the northeast corner of
Lexington Avenue and Victoria Avenue, be approved as proposed and
that the park contribution be waived.
Councilman Mertensotto seconded the motion.
Councilman Mertensotto moved approval of the aite plan for
the proposed Dakota's Adults facility, along with a variance
as to frontage and sideyard setbacks as requested and as
indicated on the site plan.
Councilman Hartmann seconded the motion.
Mayor Lockwood opened the meeting for the purpose of a public
hearing on a proposed zoning ordinance amendment to allow
inclusion of a live-in facility of a maximum size of 620 square
feet in an animal hospital as a conditional use. Mayor
Lockwood read the proposed amendment for the audience, and
asked for any questions or comments.
There being no questions or comments from the audience,
Councilwoman Witt moved that the hearing be closed.
Mayor Lockwood seconded the motion.
The hearing was closed at 8:53 o'clock P.M.
Councilwoman Witt moved the adoption of Ordinance No. 163,
"AN ORDINANCE AMENDING ORDINANCE NO. 401."
Mayor Lockwood seconded the motion.
TUMINELLY OFFICE
PARK
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
MIKE VARIANCE
Ayes: 4
Nays: 0
MONTGOMERY FINAL
PLAT
Ayes: 4
Nays: 0
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July 10, 1979
Councilman Mertensotto moved that a hearing be established
for August 7th for consideration of the application from
Tuminelly, Inc., for a conditional use permit and rezoning for
the proposed River Heights Office Park.
Councilman Hartmann seconded the motion.
Councilman Mertensotto moved the adoption of Resolution No. 79-68
"RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF
REPORT ON PROPOSED WATERMAIN EXTENSION," to serve the proposed
River Heights Office Park, preparation being subject to receipt
of an engineering escrow.
Mayor Lockwood seconded the motion.
Councilman Hartmann and Engineer Kishel advised the Council
that they have both viewed the Fred Mike property at 547 Simard
and the proposed variance and proposed garage construction
would not have an impact on surface water drainage in the area.
Councilman Hartmann moved approval of a 14 foot rear yard
setback variance at 547 Simard Street, to allow construction of
a proposed garage structure 16 feet from the rear property line.
Mayor Lockwood seconded the motion.
Administrator Johnson briefly reviewed the final plat of the
Montgomery Addition, noting that Lots 1, 2 and 3 are proposed
to contain 37,700 square feet, whereas the R-1A District
requirement is 40,000 square feet. He also advised the
Council that Mr. Montgomery has executed a Developer's
Agreement which includes a provision for a $3,600 park
contribution.
After a brief discussion, Mayor Lockwood moved the adoption
of Resolution No. 79-69, "RESOLUTION APPROVING FINAL PLAT
FOR MONTGOMERY ADDITION," and thereby granting lot size
variances for Lots 1, 2 and 3 as shown on the plat.
Councilwoman Witt seconded the motion.
I-35E Mr. Ghaleb Abdul Rahman, from the Metropolitan Council, was
present to discuss Mendota Heights interests and concerns as
relate to the I-35E Environmental Impact Statement. He
introduced Mr. Carl Ohrn, from Barton-Aschmann Associates,
Project Manager for the draft E.I.S. Mr. Ohrn distributed
copies of two schedules of activities relative to the study
preparation. He asked for questions or concerns from the Council,
He stated that the study is expressly interested in the
Pleasant Avenue and Shepard Road corridors and the alternates
as affected by the two corridors.
There were several questions and concerns expressed by the
Council if the 1-494 bridge from Bloomington to T.H. 55 is
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July 10, 1979
built and then ends at that point. The particular concern
expressed was that of traffic impact on T.H. 55, Pilot Knob
Road and T.H. 13. Mr. Abdul-Rahman indicated that he
would be happy to set up a meeting with Mn/DOT to address this
concern. It was suggested by the Council that the Metro
Council prepare a negative impact statement relative to non-
completion of 1-494.
INDUSTRIAL Mr. Ron Berg, of Miller/Schroeder Investment Corporation,
REVENUE was present to discuss a request for Industrial Revenue
FINANCING Financing for an 18,000 square foot office/warehouse structure
proposed to be constructed in the Mendota Heights Industrial
Park. Mr. Berg requested that the Council establish a public
hearing on the proposed financing.
Councilman Hartmann moved the adoption of Resolution No. 79-70,
"RESOLUTION CALLING FOR PUBLIC HEARING ON A PROPOSAL FOR-A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE
MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING
THE PUBLICATION OF A NOTICE OF SAID HEARING," the heaking to
be conducted at 9:00 P.M. on August 7th.
Councilman Mertensotto seconded the motion.
Ayes: 4
Nays: 0
COMMISSION REPORTS The Council acknowledged receipt of the minutes of the June 26
Planning Commission and Park Commission meetings.
Ayes: 4
Nays: 0
MISCELLANEOUS
Ayes: 4
Nays: 0
Mrs. Dorothy McMonigal, representing the Park Commission,
discussed with the Council the reference in the Park Commission
minutes relating to Rogers Lake Park play equipment and the need
for park upgrading. Administrator Johnson stressed the need
for professional input into the proposal to upgrade the park.
The Council concurred in the recommendation.
Councilman Mertensotto moved that a maximum expenditure of
$2,500 be authorized for planning and executing Rogers Lake
Park upgrading and purchase of playground equipment, the
expenditure to include professional consultant fees.
Mayor Lockwood seconded the motion.
City Attorney Winthrop advised the Council that a client of his,
Robert Goldberger, has received citations regarding violations
of the dog ordinance. He requested that the Council appoint
Richard Lenart, attorney from Sunfish Lake, to represent the
City in the prosecution of the violations.
Councilwoman Witt seconded the motion.
ASSESSMENT City Attorney Winthrop explained erroneous trunk sewer
CORRECTIONS assessments levied against the Wood Foster and Robert Ridder
properties in 1969 as the result of incorrect County property
descriptions. Mr. Winthrop advised the Council that the
corrections have been completed but that a refund is due to
// 7
July 10, 1979
Page
Mr. Foster for overpayment of $1,305.55 in interest on the
incorrect assessment amount, and recommended that such refund
be made.
Mayor Lockwood moved that the City Attorney's recommendation be
approved and that a refund of interest in the amount of
$1,305.55 be made.
Councilman Hartmann seconded the motion.
Ayes: 4
Nays: 0
WATERMAIN The Council acknowledged receipt of a tabulation of bids
EXTENSIONS received for the extension of water feeder lines to the elevated
water tank from Medallion Drive.
Ayes: 4
Nays: 0
ROYAL REDEEMER
IMPROVEMENTS
Ayes: 4
Nays: 0
MISCELLANEOUS
Councilman Mertensotto moved the adoption of Resolution No. 79-71
"RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR WATER
FEEDER LINE EXTENSION," awarding the bid to F. Jedlicki, Inc. ()
for their low bid of $33,699.
Councilman Hartmann seconded the motion.
The Council reviewed and discussed final plans and specifications
for the proposed drainage improvements to serve the Royal
Redeemer Lutheran Church area and a sanitary sewer extension
to the proposed Dakota's Adults facility.
Councilman Mertensotto moved the adoption of Resolution No.
79-72, "RESOLUTION ACCEPTING FINAL PLANS AND SPECIFICATIONS
AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO
SERVE THE ROYAL REDEEMER LUTHERAN CHURCH AND ADJACENT AREAS,"
the bids to be received on August 2nd.
Councilman Hartmann seconded the motion.
Mayor Lockwood stated that he has received a complaint that the
archery range is in bad condition and needs attention. Staff
was directed to look into the matter.
Mayor Lockwood advised the Council that the owners of Par 3
Golf Course have indicated a desire to sell the property and
have discussed with him the possibility of leasing or selling
the property to the City.
DEPARTMENT REPORTS The Council acknowledged receipt of the Fire Department
monthly report for June.
MISCELLANEOUS
Ayes: 4
Nays: 0
Councilman Mertensotto moved to approve the Association of
Metropolitan Municipalities dues for 1979/80 and that
Councilman Losleben be appointed AMM delagate and Councilwoman
Witt be appointed Alternate Delegate.
Mayor Lockwood seconded the motion.
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July 10, 1979
INDUSTRIAL AREA The Council acknowledged and briefly discussed a memo from
PARK CONTRIBUTIONS the City Administrator relative to park contributions for
divisions and re-assembling of industrial lots. As part of
the dismthsion, the Council directed the Administrator to
prepare a draft resolution establishing standards for industrial
park contributions.
LABOR
NEGOTIATIONS
Ayes: 4
Nays: 0
MISCELLANEOUS
MARIE AVENUE
GRADE BRIDGE
Ayes: 4
Nays: 0
The Council acknowledged receipt of a memo from the City
Administrator relative to 1979/80 Police Department labor
contract negotiations.
Councilman Hartmann moved to accept the negotiated settlement
based on a 7% wage increase for 1979, retroactive to January 1st,
a 7.6% increase for 1980, and an insurance contribution increase
from $75 in 1979 to $80 per month in 1980, and further
that the Mayor and Clerk be authorized and directed to
execute said agreement.
Councilwoman Witt seconded the motion.
Administrator Johnson reminded the Council of the special
Planning Commission, Park Commission and City Council joint
meeting to be conducted on July 12th. Mr. Johnson also
advised the Council of a forthcoming A.M.M. annual seminar
on levy limits and briefly reviewed a Mn/DOT report on the
Great River Road project.
Councilman Hartmann expressed concern about the condition of
Diego Lane and also site obstructions at Downing and T.H. 13.
Councilwoman Witt received-Council concurrence in her
recommendation that a letter of commendation be sent to
Mrs. Marie Glewwe, 595 Highway 110 for the beautiful
appearance of her yard.
Administrator Johnson stated that he has been in contact with
the Mn/DOT state aid people and has ascertained that Mn/DOT
would approve the concept proposed by the City Engineer for
repairs to the Marie Avenue bridge surface. He therefore
recommended that the Council designate the grade repairs as an
MSA project.
Mayor Lockwood moved the adoption of Resolution No. 79-73,
"RESOLUTION DESIGNATING MSA PROJECT AND ORDERING PLANS AND
SPECIFICATIONS."
Councilman Mertensotto seconded the motion.
SHADE TREE Public Works Director Danielson advised the Council that in
PROGRAM order for the City to participate in the State reforestation
grant program, the City must have a reforestation committee.
On the 'X.ecommendation of the Public Works Director, Councilman
Mertensotto moved that the Park Commission members be appointed
Ayes: 4
Nays: 0
LIST OF CLAIMS
Ayes: 4
Nays: 0
MISCELLANEOUS
ASSESSMENT
CORRECTIONS
Ayes: 4
Nays: 0
LICENSES
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
ADJOURN
Ayes: 4
Nays: 0
Rol
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July 10, 1979
as the City's Reforestation Committee.
Councilman Hartmann seconded the motion.
Councilman Mertensotto moved approval of the list of claims
submitted for payment on July 10, 1979.
Councilman Hartmann seconded the motion.
The Council acknowledged receipt of the Treasurer's report
for June, 1979.
On the recommendation of the City Clerk, Councilman Mertensotto
moved approval of the refunds of overpayments on water
assessments to Fischer Engineering and Mr. & Mrs. James Fischer.
Councilman Hartmann seconded the motion.
Councilman Hartmann moved that Club Liquor Licenses be
granted to Somerset Country Club and Mendakota-Country Club.
Mayor Lockwood seconded the motion.
Mayor Lockwood moved approval of the list of licenses, granting
licenses to:
Crete-Wood Construction, Inc.
Dakota Plumbing & Heating, Inc.
Pools, Inc.
Don Voss Plumbing & Heating, Inc.
Carlson Sewer Company, Inc.
Standard Heating and Air
Conditioning
Tuminelly, Inc.
Brede, Inc.
Dan Burgess
Cement/Masonry License
Plumbing License
General Contractor License
Plumbing License
Excavating License
Gas Heating License
General Contractor License
General Contractor License
General Contractor License
Councilwoman Witt seconded the motion.
There being no further business to come before the Council,
Councilman Hartmann moved that the meeting be adjourned.
Councilwoman Witt seconded the motion.
TIME OF ADJOURNMENT: 12:04 o'clock A.M.
14:::een M. Swanson, City Clerk
ATTEST:
Zatkurrinl_
Robert G. Lockwood, Mayor