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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 Page 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 Page 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 Page 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. Page 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 Page 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