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1979-05-15 Council minutesPage 1081 May 15, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY:: STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 15, 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, Council Members Hartmann, Losleben, Mertensotto and Witt. APPROVAL OF Mayor Lockwood moved approval of the minutes of the April 17th MINUTES meeting with correction. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 79-07, ROYAL REDEEMER Councilman Hartmann moved approval of the minutes of the meeting held on April 21st. Councilwoman Witt seconded the motion. Councilman Losleben moved approval of the minutes of the meeting held on May 1st. Mayor Lockwood seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application for conditional use permit from Royal Redeemer Lutheran Church. Mr. Robert Burow, architect for the church, explained that the church officials proPose adding a worship center to the existing structure. The center would seat 240 and would be located where the existing parking lot is now located. He stated that the chucrh plans to sell the back portion of their property but will retain the right to exit through the back onto Victoria. The Council expressed concern over drainage from the parking lots into the Lexington Highlands Additions and acknowledged a letter from Mr. & Mrs. Lawrence Schultz approving of the proposed screening. Mr. Burow explained that it is proposed that a honeysuckle hedge, in 24 and 36 inch pots, 18 inches apart, be used as the screen, with a buried 24 inch fence between the plants. Mr. Burow indicated that he felt this type of barrier would discourage traffic from going through the Schultz property from the church. Mr. Schultz, who was present at the meeting, stated that an incident which occurred since he submitted his approval letter has caused him to change his mind, and he asked that he be allowed to rescind his letter. Page 1082 May 15, 1979 As the result of the discussion, the Council directed that the parties get together to resolve the screening problem. Councilman Losleben moved that the hearing be continued to June 5th, and that the City Engineer be directed to study the drainage problems as the drainage might affect adjacent areas. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 UTILITY The Council acknowledged receipt of a letter from AGREEMENT J.G. Osendorf, of Mn/DOT, and a summary of costs for utility reconstruction on the Happy Hollow Bridge. The Council noted that the bid outlined in the cost summary was approximately 5% lower than the original estimate. Councilman Mertensotto expressed concern over the possibility of future change orders which might affect charges to the City. Ayes: 5 Nays: 0 VALTRY VIEW OAKS Ayes: 5 Nays: 0 After discussion, Councilman Losleben moved approval of the cost summary with the understanding that any modification of the $128,531 cost as the result of change orders be brought to the attention of the City Council for approval. Councilman Mertensotto seconded the motion. Mr. Lawrence Culligan and Dr. Leo Culligan were present to request preparation of a feasibility study for public improvements to serve the Valley View Oaks Additions. Mr. Larry Jung, a Council member from Mendota, was also present for the discussion. Mr. Jung stated that while he has no formal input from the Mendota City Council regarding drainage from the Culligan property as yet, his Council is concerned. In response to a question from the Council, Mr. Jung stated that he feels that the Mendota Council would be interested in getting involved in a total watershed project. After discussion, Councilman Losleben moved that the City Engineer be directed to prepare a feasibility study on public improvements to serve Valley View Oaks (Phase I and II), working with the Mendota City Engineer on drainage. Mayor Lockwood seconded the motion. CASE NO. 79-11, The Council acknowledged receipt of memos from City Planner TOWN AND COUNTRY Dahlgren and Code Enforcement Officer Paul Berg relative to the BUILDERS Town and Country Builders' application for a sideyard setback variance at 610 Ivy Falls Avenue. The Council also acknowledged receipt of the minutes of the special Planning Commission meeting held on May 10th. Carolyn Abramson, attorney for Town and Country Builders, stated that the house being constructed at 610 Ivy Falls Avenue does not meet the setback requirements. She stated that Birdsall Construction, original contractor for the home, staked the house but went bankrupt shortly thereafter and never commenced Page 1083 May 15, 1979 construction. Town and Country Builders took over the contract on March 8th but was stopped on April 16th by the Building Inspector because the setback requirement had not been met. She advised that Town and Country Builders has received a $15,400 estimate for moving the structure to conform to the setback requirements. She stated that it would be expensive to relocate the house -- in addition to the moving cost, the mortgage commitment (completion of the structure) must be met by July 1st. Ms. Abramson stated that the variance is being requested because of economic hardship. Councilman Hartmann pointed out that since the lot line is greater on Dodd Road than Ivy Falls Avenue, the setback on the west side should be that of 30 feet (rear -yard setback requirement rather than sideyard requirement of 10 feet. Councilman Merten- sotto stated that granting the variance will solve nothing -- and asked what the contractor plans to do to resolve erosion and drainage problems if the variance is granted. Mayor Lockwood reviewed Code Enforcement Officer Berg's memo and outlined his recommendation on protection of exposed footings and construction of a retaining wall to protect the property owner on the west from erosion and soil slippage from the subject property. Mr. Randy Anderson, President of Town and Country, proposed to place six inches of insulation and wood on the west wall for frost protection and a graduated slope to the west. Mr. Anderson stated that the retaining wall as suggested would cost about $4,000. Building Inspector Bjorklund stated that he was called by Birdsall Construction in January to check the staking measurements. The surveyor who did the staking was present for the inspection and advised that the stake on the west side was placed twelve feet from the property line. Mr. Bjorklund stated that when the excavator called for an inspection in March, he was advised that the stakes had not been moved nor had there been any change from the plot plan setback of 12 feet. He stated that if a plot plan calls for a 10 foot setback he requires a survey, but since the plot plan showed a setback of two feet in excess of ordinance requirements a second survey was not required. He was called by the westerly property owners on Easter Sunday and was told that the structure was only 8 feet 91/2 inches from the property line and he subsequently stopped the house construc- tion. Mrs. Ed Stein, 622 Ivy Falls Avenue, property owner west of the subject property, asked several questions. Mr. Stein stated that he would only be pleased if the structure is moved to conform with the 30 foot setback indicated by the Planner as the correct setback. Mayor Lockwood stated that the Council could grant a variance subject to specific conditions, including those addressing problems of drainage and fill sliding onto the Stein property. Councilman Losleben stated that he would not be in favor of granting a variance until some concrete plans for erosion control and drainage are submitted. Page 1084 May 15, 1979 Mayor Lockwood moved to grant the variance subject to all of the specific findings and recommendations of the Planning Commission and conditioned further upon construction of a retaining wall acceptable to the Code Enforcement Officer and Engineer for the purpose of solving drainage and erosion problems and protecting the Stein property from soil slippage. The motion died for lack of a second. Several Council members felt that all parties involved should get together to resolve the several problems that exist. Councilman Losleben moved that further discussion be tabled to June 5th. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Lockwood called for a recess at 9:52 o'clock P.M. The meeting was readjourned at 10:02 o'clock P.M. PARK AND The Council acknowledged receipt of the Park and Recreation RECREATION Commission meeting minutes for April 24, 1979. MISCELLANEOUS Mr. and Mrs. Neil Quehl, 1968 South Lane, were present to express their concern over drainage problems caused by the pond located on school district property north of the Quehl property. He asked whether something can be done to control the problem, which affects his neighbors' properties as well as his. DEPARTMENT REPORTS Mayor Lockwood suggested that a petition should be submitted requesting an improvement project. He further suggested that Mr. Quehl discuss the matter with his neighbors to see if they agree that something should be done, realizing that there would be some costs involved. The Council also advised Mr. Quehl that the City has expressed interest in acquiring the parcel of land on which the pond is located, but that no agreement has been reached with the School District representatives over costs. In this regard, it was the concensus of the Council that the City cannot afford or justify a $90,000 to $100,000 acquisition price and that the Administrator should so advise the Superintendent of Schools. The Council acknowledged receipt of the monthly Police Depart- ment report and Fire Department report for April. AUGUST Mr. Joe Dotty, of Al3gust Construction Company, was present at CONSTRUCTION the meeting. He advised the Council that although there had COMPANY been a recent incident in which a construction truck had come through Friendly Hills to the site of three August Construction homes being constructed, August is trying hard to control any problems or complaints about access to the project area. COMMUNICATIONS CASE NO. 79-08, STROBEL Page 1085 May 15, 1979 The Council acknowledged a letter from Mr. J.C. Sweeney, 1032 Highway 110, in regard to his first quarter sewer billing. The Council considered the letter and directed that Mr. Sweeney be advised that this type of utility billing is a "pass-through" cost which is not actually in the control of the City Council. The Council acknowledged receipt of a letter from Richard Sheehy, wherein Mr. Sheehy requested release of the balance of the $5,000 site improvement bond for the McDonald's site. Administrator Johnson advised that Mr. Sheehy had contacted him to advise that he would not pursue the request until repairs had been made on the shopping center parking lot. The Council acknowledged receipt of a letter from Louis Strobel regarding his application for variance, which matter had been discussed on May 1st. Since the Council has not yet received any communication from the adjoining property, discussion on the matter was tabled until the two parties can resolve their differences. INDUSTRIAL - Treasurer Shaughnessy gave the Council a brief verbal report on DEVELOPMENT REVENUE recent negotiations with representatives of Cray Research and BOND FEES Apsco Company in regard to revenue bond fees. He noted that both projects were being considered prior to adoption of the bond guidelines and it would thus be appropriate that there be some adjustment in the fee schedule contained in the guidelines. He advised the Council that, based on the criteria used to determine the fee for the R.L. Johnson financing, he would recommend a fee of $4,000 for Apsco and $6750 for Cray Research. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 SPECIAL MEETING PROGRAMMED LAND After discussion, Councilman Losleben moved that the Apsco financing fee be established at $4,000. Councilwoman Witt seconded the motion. Councilman Hartmann moved that the financing fee for Cray Research be established at $6,750. Mayor Lockwood seconded the motion. The Council called for a special meeting to be conducted on May 29th at 7:30 P.M. for a discussion on leadership training and to review LOGIS reports. Administrator Johnson expanded on his memo regarding the Developer's Agreement for Programmed Land. He advised the Council that Mr. Glenn Shaw, developer of land west of Pilot Knob Road north of 1-494, has agreed to pay a conventional park contribution for several small lots to be platted north of Northland Drive but has asked that the portion of the contribution required for the lots south of Northland Drive be delayed until actual transfer of the property. The Council could see no reason why Programmed Land should not simply plat the northerly property and submit the required park contribution, and then plat the southerly property at some time in the future. Page 1086 May 15, 1979 CROWN POINT Mayor Lockwood moved to release the $5,250 feasibility study ESCROW escrow submitted by the Mendota Company for Crown Point improvements. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS MISCELLANEOUS OFFICE HOURS Ayes: 4 Nays: 1, Losleben The Council acknowledged notice of the League of Minnesota Cities Conference to be conducted June 14-16. Council members Witt and Hartmann expressed their interest in attending the conference. The Council acknowledged receipt of a memo from the State Plan- ning Agency regarding applications for park and outdoor recreation grants. The Council acknowledged receipt of a copy of a letter from The Department of Revenue to County Auditor Onischuk regarding adjustment of levy limit bases for Dakota County municipalities for 1979 to reflect a transfer of the road and bridge function from the County to the municipalities. Administrator Johnson advised the Council of discussions held at a recent Lilydale meeting on drainage. He also advised the Council that the Association of Metropolitan Municipalities annual meeting will be held on May 24th. Administrator Johnson reviewed and expanded on his memo regarding a proposed change in general office hours from 8:00 A.M. to 5:00 P.M. to 8:00 A.M. to 4:30 P.M. Councilman Losleben felt that the extra half hour (4:30 to 5:00) gives the residents better exposure and objected to any change. After discussion, Councilwoman Witt moved that City Office hours be established at 8:00 A.M. to 4:30 P.M., effective on June 15th, on a permanent basis unless citizen complaints require change. Councilman Hartmann seconded the motion. ENGINEERING The Council acknowledged receipt of the Engineering Status Report for April. IVY FALLS CREEK IMPROVEMENTS Ayes: 5 Nays: 0 Engineer Kishel reviewed his memo recommending approval of a change order in the contract for Ivy Falls Creek improvements (Phase 1-B). He explained that the change order would be for restoration of the Somerset Country Club underground sprinkling system and restoration of an existing roadway on the golf course which was damaged during construction of the improvements. Councilwoman Witt moved approval of the Change Order No. 1 to the Improvement No. 77, Project No. 14, (Ivy Falls Creek, Phase 1-B) construction contract, in the amount of $1,993.51. Mayor Lockwood seconded the motion. WATER TANK MISCELLANEOUS Ayes: 5 Nays: 0 ASSESSMENT ROLLS Ayes; 5 Nays: 0 Page 1087 May 15, 1979 Engineer Kishel requested that the Council determine the colors to be used on the water tank. After discussion, it was determined that Tnemec Brand paint, eggshell color for the tank and antique brown for the lettering, would be the most appropriate colors. Mayor Lockwood moved that the City Clerk be authorized to attend the Municipal Clerk's Institute, Year I, to be conducted at the University of Minnesota, June.25 -29. Councilman Hartmann seconded the motion. Councilman Losleben moved adoption of Resolution No. 79 -51. "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLLS FOR ROLLING GREEN ADDITION IMPROVEMENTS (IMPROVEMENT NO. 78, PROJECT NO. 1) CROWN POINT ADDITION IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 12), INLAND INDUSTRIAL PARK IMPROVEMENTS (IMPROVEMENT NO. 78, PROJECT NO. 2), SOMERSET PARK NO. 3 IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 6), PUBLIC WORK SITE AND ADJACENT AREA IMPROVEMENTb (IMPROVEMENT NO. 78 PROJECT NO. 5), CONSTRUCTION OF A MUNICIPAL WATER STORAGE TANK AND RELATED DISTRIBUTION LINES (IMPROVEMENT NO. 77, PROJECT NO. 8), SOUTH RIDGE ADDITION IMPROVEMENTS (IMPROVE- MENT NO. 77, PROJECT NO. 9) ". Councilwoman Witt seconded the motion. LIST OF CLAIMS Mayor Lockwood moved approval of the list of claims. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 HIGHWAYS Councilman Losleben moved approval of the list of licenses, granting licenses to: Quality Exteriors Carlson Automatic Fire Protection Hughes Construction Company Park Edge Construction Company St. Croix Pools Woodbury Mechanical Gary Contracting & Trucking General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Plumbing License Excavating License Councilwoman Witt seconded the motion. Councilman Losleben advised the Council that the Metropolitan Council has unanimously approved construction of 1 -494, in place. He recommended that the Council acknowledge this difficult decision. Page 1088 May 15, 1979 HIGHWAYS Councilman Losleben moved to direct the Administrator to prepare (Cont.) a letter acknowledging the Metropolitan Council support of long-range planning in Mendota Heights and the unanimous support of 1-494 construction. Ayes: 5 Councilman Hartmann seconded the motion. Nays: 0 ADJOURN There being no further discussion to come before the Council, Mayor Lockwood moved that the meeting be adjourned to 7:30 P.M., Tuesday, May 29th. Ayes: 5 Councilwoman Witt seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 12:17 o'clock A.M. Kathleen M. Swanson, City Clerk ATTEST: Robert G. Lockwood, Mayor