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1979-06-05 Council minutesPage 1091 June 5, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 5, 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. Acting Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Mertensotto, Councilmen Hartmann, Losleben, Councilwoman Witt. Mayor Lockwood had notifie d the Council that he would be out of town. APPROVAL OF Councilman Losleben moved approval of the minutes of the May 15th MINUTES meeting. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 BID OPENING SEAL COATING Councilman Hartmann moved that the minutes of the May 29th special meeting be approved. Councilwoman Witt seconded the motion. Treasurer Larry Shaughnessy opened the bi ds received for the sale of $1,500,000 Temporary Improvement Bonds and $535,000 Permanent Improvement Bonds. The following bids were received on the temporary issue: First National Bank of St. Paul bid $259,500, for an interest rate of 5.766%; Dain, Kalman, Quail bid $261,654, for an interest rate of 5.814$ Banc Northwest bid $259,485, for an interest rate of 5.7663%. The following bids were received on the permanent issue: First National Bank of St. Paul bid $240,775.13, for an interest rate of 6.124%; American National Bank of St. Paul bid $240,775.59, for an interest rate of 6.125%; Dain, Kalman, Quail bid $235,772.15, for an interest rate of 5.997%; Banc Northwest bid $232,949.44, for an interest rate of 5.925%. Mr. Shaughnessy left the meeting to review the bids. The Council reviewed a memo from the City Administrator relative to bids received for the 1979 Seal Coating project. In his memo Administrator Johnson advised the Council that the low bid of $26,550.90 is considerably in excess of the budgeted amount of $18,000 for seal coating. The memo suggested that the Council consider deleting Mendota Heights Road from the schedule to reduce costs by approximately $8,000. After some discussion, Councilman Losleben moved to accept the low bid submitted by Bituminous Roadways, deleting Mendota Heights Road from the schedule, but retaining the option to ind.ude Mendota Heights Road if the Council so determines at the June 19th meeting. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 EIDE ESTATES BID AWARD Ayes: 4 Nays: 0 Page 1092 June 5, 1979 After a brief discussion, Councilwoman Witt wi thdrew her second to the motion. Councilman Losleben withdrew the motion. City Engineer Kishel advised the Council that the bid was submitted on a unit basis and therefore the City can either add or delete units at any time during the project. Councilman Losleben moved the adoption of Resolution No. 79-52, c„I "RESOLUTION ACCEPTING BIDS AND AWARDING CON TRACT FOR 1979 SEAL COATING PROJECT," directing the City Engineer to notify the bidder that the City may in the near future exercise its option to delete a portion of the schedule. Councilwoman Witt seconded the motion. The Council acknowledged and discussed a tabulation of bids received for construction of the Eide Estates public improvements. Councilman Losleben moved the adoption of Resoluti on No. 79-53, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PUBLIC IMPROVEMENTS TO SERVE EIDE ESTATES (IMPROVEMENT NO. 79, PROJECT NO. 2)," awarding the bid to the low bidder, Orfei and Sons, for their bid of $226,917.03. Councilman Hartmann seconded the motion. ROYAL REDEEMER Acting Mayor Mertensotto gave a brief history on past discussions CONDITIONAL USE regarding the application for conditional use permit. He noted PERMIT that the Council has been concerned about screening adjacent to the Lexington Highlands Addition, drainage off the proposed parking area and access. He pointed out that the City Engineer has prepared a report on drainage and that the Church representa- tives have stated that they have retained the right to access to Victoria through the Dakota Adults site. City Engineer Kishel reviewed the information contained in the report relating to drainage. Acting Mayor Mertensotto pointed out that the Church facility is not currently connected to the City's sanitary sewer system but that the Church doe s plan to hook up to the system on Lexington Avenue as part of the addition construction process. Mr. Galen Pate, representing Dakota's Adults, informed the Council that Dakota's Adults plans to petitior for sanitary sewer extension, that it is his understanding that the Church plans to give the City an y necessary easements, and that Dakota's Adults also plans to grant any necessary sanitary and sotrm sewer easements. Mr. Robert Burow, representing Royal Redeemer, stated that the Church supports a permanent drainage solution as proposed and will grant the necessary 20 foot storm one sanitary sewer easement to the City. Mr. Lawrence Schultz, owner of property in Lexington Highlands West adjacent to the Church property, stated that he would be in agreement with a pe rmanent drainage project. Ayes: 4 Nays: 0 Page 1093 June 5, 1979 Mr. Burow addressed the matter of. screening around the parking area (along the north property line of the church), stating that the Church proposes to construct a double-side redwood fence about 200 feet long. He stated thattheChurchwould then maintain the existing plantings but cloesnot plan .any additional plantings. He submitted a letter from Mr. Lawrenge Schultz approving the proposed fencing. With regard to dual'access to •the site, Mr. Burow stated that when Dakota's Adults is constructed a dual access, 24 foot wide, will be built from Victoria and Lexington, to serve both facilities. He presented a drawing of proposed. interim drainage and temporary proposed parking and drive plans. Pastor Carlsson, from Royal Redeemer, stated that a per- manent, bituminous parking area will be constructed and the tem- porary lot eliminated after the utility construction is completed. As the result of the discussion, Acting Mayor Mertensotto moved the adoption of Resolution No. 79-54, "RESOLUTION GRANTING CONDITIONAL USE PERMIT TO ROYAL REDEEMER LUTHERAN CHURCH," stipulating conditions relative to screening, drainage, access, parking and sanitary sewer connection. Councilman Losleben seconded the motion. Councilman Losleben moved the adoption of Resolution NO. 79-55, "RESOLUTION AUTHORIZING AND DIRECTING PREPARATION OF FEASIBILITY STUDY FOR SURFACE WATER IMPROVEMENTS TO SERVE ROYAL REDEEMER LUTHERAN CHURCH AND ADJACENT AREAS"- Ayes: 4 Councilwoman Witt seconded the motion. Nays: 0 IVY KEEP Code Enforcement Officer Paul Berg advised the Council that TOWNHOUSES some of the information necessary prior to building permit approval has not yet been submitted. Discussion on the matter was tabled pending receipt of a written report from Mr. Berg. TOWN AND COUNTRY Mr. Steven Davis, Attorney for Town and Country Builders, gave BUILDERS a brief history of the application for variance for 610. Ivy Falls Avenue. Acting Mayor Mertensotto pointed out that at the May 15th meeting, the Council concensus was that the builder, property owners.and adjacent property owners should meet to discuss the matter and hopefully reach some satisfactory agreement. Mr. Davis stated that he had had a brief telephone conversation with Mr. Stein but that no meeting had occurred. Mr. Davis stated that Town and Country will comply in all respects with the first paragraph of the Code Enforcement Officer's May 15 memo, that the run-off will be reduced from that which existed prior to construction, and that the lot will be landscaped and sodded. Mr. Ed Stein, 622 Ivy Falls Avenue,.stated-that the differences between the three (3) parties have not been resolved and that it is still his feeling that the structure should be moved. Ayes: 2 Nays: 2 Losleben Hartmann MENDOTA PLAZA MISCELLANEOUS COMMISSION REPORTS CASE NO. 79-02, YACKEL Page 1094 June 5, 1979 Linda Fischer, Attorney for Gail Forsman and John Omarzu, owners of 610 Ivy Falls Avenue, also gave a history of the matter. She stated that her clients have not had an opportunity to meet with the Steins, and asked that the variance be granted conditioner upon agreement between all parties. There was considerable discussion regarding drainage, erosion, retaining wall construction and the construction of a deck on the west side of the structure. After considerable discussion, Acting Mayor Mertensotto moved that the variance be approved conditioned upon compliance with all conditions stipulated by the Planning Commission, Code Enforcement Officer and City Planner, and further that no future division of the lot will be approved, that all building code requirements be met, and construction of a retaining wall be required if the Code Enforcement Officer and Engineer determine it to be necessary. Councilwoman Witt seconded the motion. The Council acknowledged receipt of a letter fromDick Sheehy relative to the condition of the Mendota Plaza and the McDonald's site. Mr. Robert McCarthy was present regarding the installation of over- head transmission lines and towers in the Rogers Lake area. He stated that he does not believe the towers look anything like the structures he believed received Council approval. The Coundil directed staff to review Council action on the conditional use permit approved by the Council for NSP. The Council acknowledged receipt of the May 22 Park Commission minutes and May 22 Planning Commission minutes. Mr. Roger Yackel was present to request approval of the division of Lot 1, Vandall's Outlots. The Council discussed with the applicant the possibility of dividing the parcel into two lots with equal frontage and a ten foot sideyard setback on the easterly side of the east lot. Ayes: 2 Witt Nays: 2 Mertensotto Ayes: 4 Nays: 0 Councilman Losleben moved to approve the division based on two lots with equal frontage and a ten foot sideyard setback on the east lot. Councilman Hartmann seconded the motion. Acting Mayor Mertensotto moved that discussion be continued to June 19 and that the Planner be directed to prepare a report relative to division based on equal frontage and a 10 foot side- yard setback on the east lot, giving special consideration to the Council's concern that the portion of Clement Street adjacent to the property will not be vacated but will perhaps someday be used as an access to the park area. Councilwoman Witt seconded the motion. CASE NO. 79-10, MIKE Ayes: 4 Nays: 0 Page 1095 June 5, 1979' The Council reviewed an application from Mr. Fred Mike for a rear yard setback variance at 547 Simard which would allow con- struction of a garage 16 feet from the rear property line. Councilman Hartmann pointed out that the subject property is in the area of the Hiawatha area drainage problem and felt that no action should be taken on the variance until engineering information is available. Councilman Losleben moved that the matter be continued to June 19th. Councilman Hartmann seconded the motion. CASE NO. 79-12, After a brief discussion, Councilman Hartmann moved approval of UNITED PROPERTIES the division of Lot 8 and the west 116.90 feet of Lot 7, Block 2 Mendota Heights Industrial Park. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 CASE NO. 79-13, SIEBELL Ayes: 4 Nays: 0 CASE NO. 79-14, TILSEN Ayes: 4 Nays: 0 CASE NO, 79-15, ARMSTRONG Ayes: 4 Nays: 0 MENDOTA HEIGHTS ANIMAL HOSPITAL Ayes: 4 Nays: 0 It was the determination of the Council that no park contribution should be required, Councilman Losleben moved approval of a 3 foot sideyard setback variance at 871 Highway 110, to allow construction of a garage seven feet from the westerly property line. Councilman Hartmann seconded the motion. After a brief discussion, Councilman Losleben moved approval of a wetlands permit for Lot 5, Block land Lot 6, Block 1, Tilsen's Highland Heights, Plat 3. Councilman Hartmann seconded the motion. Councilman Hartmann moved approval of the application for a three foot sideyard setback variance at Lot 14, Block 3, J.H. Morrison's Addition, to allow construction of a structure seven feet from the easterly property line. Councilwoman Witt seconded the motion. On the recommendation of the Planning Commission, Acting Mayor Mertensotto moved that a public hearing be conducted on July 10th for consideration of a proposed Zoning Ordinance amendment to allow living quarters in animal hospitals as a conditional use. Councilman Hartmann seconded the motion. COMMUNICATIONS RIVER HEIGHTS OFFICE PARK Page 1096 June 5, 1979 The Council acknowledged receipt of letters from the Commissioner of Securities approving the Industrial Development Revenue Bond projects for Apsco Products Company and R.L. Johnson Investment Company. The Council acknowledged receipt of a letter from Lilydale City Attorney Joseph O'Neill regarding the Vallay View Oaks plat. The Council acknowledged receipt of a letter from C.J. Tuminelly requesting installation of a watermain extension to serve the River Heights Office Park. PROPERTY The Council acknowledged receipt of a letter and draft Earnest ACQUISITION Money Contract from School District 197 relative to City acquisition of school property west of the High School. It was the determination of the Council that the City cannot at this time afford the $90,000 acquisition price commitment. Councilman Losleben moved that the Council regretfully decline the School District offer at this time and that staff be directed to so notify the Superintendent of Schools. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 COMMUNICATIONS The Council acknowledged a letter from the Dakota County Assessor advising that the County will begin its reassessment of the City beginning May 29th. SPEED LIMIT Ayes: 4 Nays: 0 R.L. JOHNSON COMPANY The Council acknowledged a letter from Mn/DOT authorizing the erection of signs designating safe and reasonable speeds on Freeway Road and the T.H. 110 frontage road. Councilwoman Witt moved to authorize staff to implement the proper speed limit changes. Councilman Hartmann seconded the motion. Mr. John Duffy, of the R.L. Johnson Company, was present to request approval of a building permit for a 400,000 square foot warehouse structure proposed to be constructed on a site adjacent to Pilot Knob Road. Mr. Duffy stated that he had met with Mn/DOT representatives and Planner Dahlgren relative to future construction of an access road for T.H. 55 at its intersection with T.H. 13 and the possible effect on the Johnson site. He presented a drawing showing alternatives which were discussed at the meeting and stated that no concensus was arrived at but th at in the event the frontage road is constructed it will not inter- fere with the structure but might decrease truck parking areas. He advised the Council that Planner Dahlgren felt there would be no problem with approving the permit but should require R.L. Johnson to grant the City 17feet of right-of-way along Pilot Knob Road (running along the total westerly property line) for future Pilot Knob Road widening. After discussion, Acting Mayor Mertensotto moved approval of the Ayes: 4 Nays: 0 LCS COMPANY Page 1097 June 5, 1979 building permit for the R. L. Johnson warehouse, subject to the owner granting 17 feet of right-of-way along Pilot Knob Road, in advance of consideration of frontage road construction, and subject to review and approval of the building plans by the Code Enforcement Officer. Councilman Losleben seconded the motion. The Council acknowledged receipt of a memo from the City Administrator regarding a sanitary sewer extension to serve the LCS Company. The matter was re ferred to the City Engineer for review. PUBLIC WORKS The Council acknowledged and discussed a memo from the City GARAGE Administrator regarding additions and deductions in the contract for Public Works Garage construction. The proposed change order will reduce the contract by $1,968, and the memo indicated further that a $1,393 heating charge will be deducted from the final payment on the contract. 04C Ayes: 4 Nays: 0 STROBEL VARIANCE Ayes: 4 Nays: 0 APSCO REVENUE BONDS Ayes: 4 Nays: 0 MARIE AVENUE BRIDGE GRADE Councilman Hartmann moved approval of Change Order G-3 as recommended. Councilwoman Witt seconded the motion. The Council acknowledged receipt of a memo from the City Administrator recommending denial of the Strobel variance application (Case No. 79-08). Councilman Losleben moved that the variance be denied based on information contained in the Administrator's memo. Councilwoman Witt seconded the motion. Attorney Winthrop advised the Council that APSCO Products has decided to change their bond counsel and therefore an amendment to the preliminary revenue bond resolution is in order. On the recommendation of the City Attorney Councilman Losleben moved the adoption of Resolution No. 79-56, "RESOLUTION AMENDING RICHARD B. SHALLER APSCO INDUSTRIAL REVENUE BOND PRELIMINARY RESOLUTION." Councilwoman Witt seconded the motion. The Council acknowledged and discussed a memo from the City Engineer relative to the Marie Avenue bridge grade. Engineer Kishel recommended that the third alternative contained in the memo, a "bridge approach treatment" be approved, and stated that the cost of such work can be financed through MSA funds. He also briefly discussed his concerns over the Somerset No. 2 holding pond After discussion, the Council directed the City Engineer to discuss the matter wtih the City Administrator and Treaarer relative to financing. Page 1098 June 5, 1979 WATERMAIN Engineer Kishel reviewed the final plans and specifications for EXTENSION a watermain extension to connect the water tower with the City water system. After discussion, Councilman Losleben moved the adoption of Resolution No. 79 -57, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND CALLING FOR BIDS ON WATERMAIN EXTENSION TO MUNICIPAL WATER TANK," bids to be accepted June 28th. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 BID AWARD, Treasurer Shaughnessy advised the Council th at he has reviewed IMPROVEMENT the bids received for the sale of $535,000 Permanent Improvement BONDS Bonds and $1,500,000 Temporary Improvement Bonds, and recommended that the bids be awarded to Banc Northwest, low bidder on both issues. Councilman Losleben moved the adoption of Resolution No. 79 -58, "RESOLUTION ACCEPTING BID ON SALE OF $1,500,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF 1979 PROVIDING FOR THEIR ISSUANCE." Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Councilman Hartmann moved the adoption of Resolution No. 79 -59, "RESOLUTION ACCEPTING BID ON SALE OF $535,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF." Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 TREASURER'S REPORT The Council acknowledged receipt of the monthly Treasurer's report for May. ASSESSMENT The Council briefly discussed a proposed assessment correction CORRECTION resolution, to correct a diseased tree assessment levied in error against Lot 14, Block 3, J.H. Morrison Addition. Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Councilman Losleben moved the adoption of Resolution No. 79 -60, "RESOLUTION CORRECTING ASSESSMENT FOR DISEASED TREE REMOVAL': Councilman Hartmann seconded the motion. Councilman Hartmann moved approval of the List of Claims dated June 5, 1979. Councilwoman Witt seconded the motion. Councilman Losleben moved approval of the list of General Contractor Licenses, granting licenses to: Page 1099 June 5, 1979 Gilbert Hamm Construction Company Pine Tree Builders, Inc. President Homes Minnesota Exteriros, Inc. Gutterman Construction, Inc. Lemke Construction D & C Construction, Inc. Suburban Lighting, Inc. R. Johnson Construction & Development, Inc. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilman Hartmann moved approval of the list of Plumbing Contractors, granting licenses to: Thompson Plumbing Company St. Paul Plumbing & Heating Company Bohn Plumbing & Heating Northland Mechanical Contractors, Inc. Wenzel Plumbing & Heating, Inc. Park Plumbing Dale Sorensen Company Harris Mechanical Contracting Company Rascher Plumbing & Heating Company, Inc. North Star Plumbing Doody, Inc. State Mechanical, Inc. Hoglund Mechanical Contractors Wm. Murr Plumbing, Inc. Woody Bruestle John M. Frantes' Sons Plumbing & Heating Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Councilman Hartmann moved approval of the Excavator's Licenses, granting licenses to: Woodbury Mechanical and J.R. Walker & Sons, Inc. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Councilman Losleben moved approval of the following miscellaneous licenses: Carl G. Olson & Sons, Inc. Red Rock Heating & Sheet Metal, Inc. Twin City Furnace State Mechanical, Inc. Northeast Sheet Metal, Inc. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Cement & Masonry License Gas Heating License Heating License Heating & Air Conditioning Heating & Air Conditioning Ayes: 4 Nays: 0 MEETING CHANGE Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 2000 June 5, 1979 Councilman Hartmann moved approval of the addendum to th e list of contractor licenses, granting licenses to: Nordaas Ameriean Homes Adolfson & Peterson, Inc. Joseph H. Regenscheid Dahle Bros., Inc. Gold Medallion Corporation The Sussel Company Martin Homes, Inc. Langer Construction Company Asphalt Driveway Company Merle's Construction Co. Fred Vogt & Company A. Binder & Son Suburban Heating & Air Conditioning Hoglund Mechanical Contractor Fredrickson Heating & Air Conditioning Suburban Heating & Air Conditioning A. Kamish & Sons, Inc. Hayes Contractors, Inc. Councilman Losleben seconded General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Htg. & Air Conditioning License Htg. & Air Conditioning License Htg. & Air Conditioning License Htg. & Air Conditionin g Licsnes Htg. & Air Conditioning License Gas Heating Licen se Excavating License Excavating License the motion. Councilman Hartmann moved that the July 3rd regular meeting be changed to July 10th. Councilman Losleben seconded the motion. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilman Losleben seconded the motion. TIME OF ADJOURNMENT: 10:39 o'clock P.M. 7.72 .4e-Ge—ret Ka hleen M. Swanson City Clerk ATTEST: G.E.'Mettensotto -Acting Mayor