Loading...
1979-08-07 Council minutesPage 1116 August 7, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA. Minutes of the Regular Meeting Held Tuesday, August 7, 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 Losleben, Councilman Mertensotto, Councilman Hartmann, Councilwoman Witt. APPROVE Councilwoman Witt moved approval of the minutes of MINUTES the June 19 meeting. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilwoman Witt moved approval of the minutes of the July 10 meeting with corrections. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the minutes of the July 17 meeting. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Mayor Lockwood moved approval of the minutes of the special meeting held July 31. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 HEARING--CRITICAL AREA Mayor Lockwood opened the meeting for the purpose of a OVERLAY DISTRICT public hearing on the proposed Critical Area Overlay ORDINANCE District Ordinance. Mr. John Schardlow, from Howard Dahlgrens office, was present to review the proposed ordinance for the audience and Council. Mr. Schardlow reviewed and explained all of the chapters contained in the ordinance and several of the major subchapters and requirements. The Council discussed with Mr. Schardlow the effects of the proposed ordinance on existing, platted residential lots. The Council directed that there should be some clarification of Section 2.2a. Councilman Mertensotto expressed his concern over Section 5 regarding variances. He felt that the Council should be allowed more flexibility in the granting of variances. Several different changes in the terminology used in Section 5.1 were suggested by Council members. Acting City Attorney Steve Tourek suggested that perhaps "Provided the following additional criteria shall be considered," should replace the existing language. Ayes: 5 Nays: 0 Page 1117 August 7, 1979 Councilman Losleben pointed out that the ordinance does not address establishing a fee schedule for processing of applications. It was the concensus of the Council that Section 2.2a should be clarified, the wording in Section 5.1 should be changed to allow more Council flexibility, and a Section on these should be added. Mayor Lockwood asked for questions and comments from the audience. An unidentified member of the audience asked for a description of the boundaries, and asked what impact the ordinance would have on any possible future additions to his existing structures. There being no further questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed. Councilman Losleben seconded the motion. The hearing was closed at 8:16 o'clock P.M. The Council directed that the proposed ordinance be referred to the City Attorney for review and revisions. HEARING--RIVER Mayor Lockwood opened the meeting for the purpose of a HEIGHTS OFFICE public hearing on an application for rezoning and PARK conditional use permit (planned unit development) for the River Heights Office Park. Mr. Carmen Tuminelly, developer of the Office Park, stated that he has not prepared any new or additional information for review since the July 10 meeting. Mr. Tuminelly stated that the rezoning is being requested to allow construction of low profile, clustered townhouse type structures. City Administrator Johnson explained the differences between B-1A and B-1 zoning, particularily with respect to lot sizes and setbacks. He stated that B-1A zoning requires a minimum lot size of five acres and high density use. He further stated that the City Planner has recommended approval of the rezoning. Mr. Johnson also stated that the conditional use permit is required because the proposal is for a planned unit development, clustered activities, not platted building lots. In respohse to Council questions, Mr. Tuminelly stated that the buildings will all be sold, some will be sold to a honing company which will then lease them to clients. Mr. Tuminelly stated that there will be no retail sales, there will be no warehousing, and there will be no manufacturing. He stated that some of the prospective buyers are manufacturers representatives, construction industry representatives, and an interior decorating firm. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 SEWER EXTENSION REQUEST Page 1118 August 7, 1979 Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Councilman Losleben moved that the hearing be closed. Councilwoman Witt seconded the motion. The hearing was closed at 8:35 o'clock P.M. Councilman Losleben moved the adoption of Ordinance No. 164, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to rezone the River Heights Office Park property from B-1A to B-1, in accordance with the preliminary plat, dated July 2, 1979. Councilman Hartmann seconded the motion. Councilwoman Witt moved the adoption of Resolution No. 79-77, "RESOLUTION GRANTING CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR RIVER HEIGHTS OFFICE PARK," the conditions for approval being that no manufacturing will be conducted, no retail sales will be conducted, that there will be no warehousing, and that the develop- ment will be in compliance with Section 4 of the June 19, 1979, planning report regarding interim development guidelines for properties within the Mi'Ssissippi River critical area. Councilman Losleben seconded the motion. Councilman Mertensotto moved approval of the River Heights Office Park preliminary plat dated July 2, 1979. Councilman Hartmann seconded the motion. Administrator Johnson stated that a developers agreement will be prepared, and that the park contribution requirement will be addressed in the developers agreement. Mayor Lockwood briefly outlined a memo from the Public Works Director relative to a request for construction of a sanitary sewer extension to serve the congregational church located at 680 West Highway 110. Mayor Lockwood stated that the proposal is to install an 8 inch sanitary sewer line to serve the existing manse. It was proposed that the_line be extended in such a manner so as to allow future sewer connection by the church. Mr. William Huestis, 649 Sibley Highway, was present to represent the church in the discussion. Mr. Huestis asked several questions, including whether the church must hook up to the sewer system or if the existing private system can be rejuvinated. Mr. Huestis also asked questions regarding payment of the hook up charge or whether the charge could be made as an assessment. HEARING ON INDUSTRIAL REVENUE FINANCING Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 IVY FALLS CREEK/ MAPLE PARK DRIVE IMPROVEMENTS Page 1119 August 7, 1979 Administrator Johnson indicated that the project could be constructed as a typical improvement project, using day labor, in which case the sewer extension would be assessable over a 19 year period. Mr. Huestis indicated that he would have to take the information discussed this evening back to the church membership for a decision on whether or not the church should request sewer extension. The Council indicated to Mr. Huestis and other members of the congregation that if the congregation does decide to pursue the sewer extension, they should submit a petition and waiver of hearing so that construction can begin this construction season. Mayor Lockwood opened the meeting for the purpose of a public hearing on a request for Industrial Revenue Financing for LEO partnership. The Council acknowledged receipt of a memo from City Financial Advisor Larry Shaughnessy regarding the financing proposal. Mr. Shaughnessy, who was present at the meeting, stated that the proposed project meets the requirements of the City's industrial revenue financing guidelines. He stated that the building would be built on speculation, and that the request is for a $400,000 mortgage note. He recommended approval of the financing as requested, and stated that upon receipt of the expense escrow, the comfort resolution and application can be submitted to the state if approved by the Council. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Mayor Lockwood moved that the hearing be closed. Councilman Losleben seconded the motion. The hearing was closed at 9:30 o'clock P.M. Councilman Losleben moved adoption of Resolution No. 79 -78 "RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT; GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICI- PAL INDUSTRIAL DEVELOPMENT ACT; AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT." Councilman Mertensotto seconded the motion. The Council acknowledged receipt of a memo from the Public Works Director regarding storm sewer bids for Ivy Falls Creek /Maple Park Drive improvements. Mr. and Mrs. John Lommen, 684 Maple Park Drive, were present for the discussion. Page 1120 August 7, 1979 Administrator Johnson stated that as the result of the 7 inch rain on August 30, 1977, the City applied for and received $2,700.00 in federal grant monies to repair damages in the Creek near the Ostergren driveway on Maple Park Drive. He noted that since that time staff deter- mined that it would be foolish to spend money for gravel, gabions, etc., because at some time in the future it would become necessary to install permanant storm sewer improvements. Subsequently, plans were prepared for construction at the end of the storm sewer which would eventually service the Ivy Falls First Addition. He advised that informal bids were recently requested and received, and the total low bid received was $18,422.00 He stated that the Council is faced with making a determination on whether to expend the $2,700.00 in federal funding to repair the discharge end of storm sewer system, which is no guarantee of, if, or when a storm sewer project will be installed to serve the Ivy Falls First Addition.. Mr. Lommen stated that there is a very severe drainage problem and that in the event of another severe rain, the Ostergren's will lose their driveway and perhaps even part of their home. He stated that his personal loss in property value from erosion thus far exceeds $10,000.00. He stated that there would be several changes in his property if this project is completed, but he feels very strongly that the project must be done regardless of cost and effects on his property due to construction. He stated that he can foresee loss of about 25% of his property in the event of.a severe rain. Mr. Lommen stated that if the Council does go ahead with the project it will eliminate a very significant problem. He stated that he would like to see a major project in the area including storm sewer, street, and curb and gutter. Mayor Lockwood stated that the Council has held discussions with the Ivy Falls First Addition association members for over a year to consider public improvements. He suggested that if this project is approved, it should be constructed in such a way that it would tie in with possible future Ivy Falls First Addition improvements and so that it could be assessed with part of a major project. City Engineer Kishel stated that he had been directed to prepare a feasibility study for Ivy Falls First Addition street and drainage improvements last fall, and that the report should be ready some time this fall. He further stated that staff considers this an emergency situation and that the project should be authorized now rather than waiting for the possible total in the future. After considerable discussion, Councilman Losleben moved the adoption of Resolution No. 79-79, "RESOLUTION DECLARING EMERGENCY SITUATION; APPROVING PLANS AND SPECIFICATIONS AND ORDERING MAPLE PARK DRIVE/IVY FALLS CREEK DRAINAGE IMPROVEMENTS, AND AUTHORIZING ADVERTISEMENT FOR BIDS." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Page1121 August 7, 1979 Mr. Lommen thanked the Council for their action and stated that he would support future Council consideration of a complete drainage and street improvement project in the Ivy Falls First Addition area. BID AWARD ROYAL Engineer Kishel reviewed the tabulation of bids received REDEEMER AREA for the Royal Redeemer Area storm sewer and sanitary . IMPROVEMENTS sewer improvement project. He recommended that the bid be awarded to Deluxe Construction Co., the low bidder, for their bid of $30,849.00. Ayes: 5 Nays: 0 SQUAD CAR BIDS Ayes: 5 Nays: 0 MISCELLANEOUS CASE NO. 79-21, VIRNIG VARIANCE Councilman Losleben moved the adoption of Resolution No. 79-80, "ACCEPTING BIDS AND AWARDING CONTRACT FOR ROYAL REDEEMER LUTHERAN CHURCH AND ADJACENT AREA IMPROVEMENTS (Imp.79 P.4)," awarding the bid to Deluxe Construction Company. Councilman Mertensotto seconded the motion. Administrator Johnson reviewed and explained Police Chief Thul's recommendation on 1979 squad car bids. Mr. Johnson advised the Council that Midway Chevrolet has notified the City that it is unable to fulfill its contract for furnishing two 1979 squad cars. The City therefore requested informal bids for two 1980 squad cars. He advised the Council that the only bid received was that of Midway Chevrolet for a bid price of $14,880.00 for two squad cars without trade in. He recommended awarding the bid to Midway Chevrolet, and further recommended Council determination on whether the bid security on the 1979 squad cars should be returned to Midway Chevrolet. It was the concensus of the Council that the $709.90 bid security should be retained by the City, in view of the additional cost incurred for a second bidding proce- dure, the inability of Midway Chevrolet to complete its contract, and the additional costs for purchasing the 1980 cars. Mayor Lockwood moved to award the contract for two 1980 police squad cars to Midway Chevrolet for their bid of $14,880.00, and further that the $709.90 bid security for the 1979 squad car bids be retained by the City because of nonperformance on the contract. Councilman Hartmann seconded the motion. The Council acknowledged.and .briefly discussed the review of building activity for the first half of 1979 submitted by Code Enforcement Officer, Paul Berg. On the recommendation of the Planning Commission, Mayor Lockwood moved approval of a 5 foot side yard setback variance at 1650 Mayfield Heights Road, to allow construction of a proposed garage 25 feet from the southerly property line. Ayes: 5 Nays: 0 COMPREHENSIVE PLAN COMMUNICATIONS Ayes: 5 Nays: 0 COMMUNICATIONS COMPREHENSIVE PLAN HEARING PARK CONTRIBUTIONS REFORESTATION GRANT Page 1122 August 7, 1979 Councilwoman Witt seconded the motion. The Council acknowledged and briefly discussed a memo from City Planner Dahlgren regarding the Comprehensive Plan work session held on July 12. As part of the discussion, the Council referred to the paragraphs under land use changes, and indicated a consensus that major land use changes should be considered on a demand basis. The Council also acknowledged the receipt of the July 20, 1979, memo from Howard Dahlgren regarding amendments to the Comprehensive Plan. The Council acknowledged receipt of the Springsted, Incorporated newsletter. The Council also acknowledged and briefly discussed a memo from the League of Minnesota Cities regarding identification of legislative issues. The Council acknowledged receipt of a letter from the Mendota Heights Lions Club requesting approval of a one day on-sale beer license for August 11 in connection with the turkey barbecue dinner. Mayor Lockwood moved that a one day 3.2 on-sale beer license be issued to the Mendota Heights Lions Club for Saturday, August 11, 1979. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from Mary Jane Sonnek, 2391 Pagel Road, requesting that the City Council direct the Police Department to determine whether the existing stop signs at the corner of Pagel Road and Keokuk should be changed. The Council referred the matter to the Police Department for study and recommendation. Administrator Johnson advised the Council that the Planning Commission has established a hearing for consideration of the Comprehensive Plan for Tuesday, September 11, from 7:30 to 8:30 P.M. This is to be a joint Planning Commission City Council hearing. The Council acknowledged receipt of a proposed resolution to establish park and open space contribution standards for industrial lots. After a brief discussion it was the concensus of the Council that the earlier action requiring park contribution from Viking Plastics be reconfirmed and the park contribution established for the Viking Plastics lot division be required. Mayor Lockwood moved the adoption of Resolution No. 79-81, "RESOLUTION AUTHORIZING APPLICATION FOR SANITATION AND REFORESTATION GRANT AGREEMENT." Ayes: 5 Nays: 0 VOLUNTEER FIREMEN APPOINTMENT Ayes: 5 Nays: 0 HIGHWAYS MISCELLANEOUS PROPOSED LEGISLATION MEDALLION DRIVE IMPROVEMENTS Page 1123 August 7, 1979 Councilman Losleben seconded the motion. On the recommendation of the City Administrator, Councilman Losleben moved that Jamie Lerbs, 774 Mohican Lane, be appointed to the Volunteer Fire Department. Councilman Hartmann seconded the motion. The Council acknowledged receipt of a memo from Administrator Johnson regarding 135E/494 plans and a public hearing to be held on September 20 at Pilot Knob School for discussion of the preliminary plans for 1494 from Bloomington to Robert Street and the interchange with 135E. Councilman Losleben was concerned that the Council should take some kind of action to generate public interest in the hearing. As the result of the discussion Councilman Losleben will contact the Urban Council On Mobility to promote some type of program for dissemination of flyers and other information regarding the hearing. The Council acknowledged receipt of the 1979 Stanton Survey. The Council also acknowledged receipt of the 1978 audit. As a result of the audit discussion, Administrator Johnson was directed to request the auditor to meet with the City Council to discuss the accrual portion of the audit. Administrator Johnson distributed copies of proposed limited salary reconsideration for future Council discussion and consideration. Councilman Hartmann expressed his concern over a sight problem on Highway 13 at Downing Road. The matter referred to Police Department for study and report. Acting City Attorney Steve Tourek suggested that the Council consider suggesting to the League of Minnesota Cities that the League support legislation which would establish contribution to drainage problems as a basis for assessments rather than behefits to the property as a basis for assessments. As a result of the discussion, the Council directed that Mr. Tourek prepare a memo for future Council consideration. City Engineer Kishel briefly reviewed a proposed change order for Medallion Industrial Park Improvements for installation of a 12 inch gate valve and box on Medallion Drive, relocation of a hydrant, and installation of a catch basin for a total contract increase of $3,800.00. Councilman Losleben moved approval of change order No. 2 for Medallion Industrial Park improvements. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 MARIE AVENUE GRADE BRIDGE Ayes: 5 Nays: 0 SANITARY SEWER CLEANING FINAL PAYMENT Page 1124 August 7, 1979 Councilman Hartmann seconded the motion. On the recommendation of the City Engineer and based on the memo dated July 31, 1979, Councilman Losleben moved that an extension of time for completion of the contract for Medallion Industrial Park improvements be granted to September 15, 1979. Councilman Hartmann seconded the motion. Engineer Kishel reviewed for the Council proposed plans and specifications for Marie Avenue Bridge correction work. Mr. Kishel recommended approval of the plans and requested that a bid date be established for August 30 at 2 P.M. As a result of the discussion, Mayor'Lockwood moved the adoption of Resolution No. 79-82, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR MARIE AVENUE BRIDGE REPAIRS AND ORDERING ADVERTISEMENT FOR BIDS THEREFORE (Imp. P. , M.S.A. 140-101-04)". Councilwoman Witt seconded the motion. The Council received and discussed a memo from Public Works Director Danielson regarding 1979 sanitary sewer cleaning. The Council discussed various aspects of the report, in particular infiltration. The Counicl expressed some disappointment with the report submitted by Mid America Pipe Cleaning. It was noted that 1980 sewer cleaning considerations would be discussed at the Public Works Department budget discussions on September. 4. The Council acknowledged receipt of a proposed resolution to authorize final payment to Nodland Associates, Inc. for completion of the contract for lift station improve- ments in connection with the Rolling Green Addition improvements. Councilman Losleben asked Engineer Kishel whether the lift station would be operable in connection with the City's portable generator. Mr. Kishel explained that the lift station and portable generator are not compatible, and that alterations in either the lift station or portable generator would be required. Councilman Losleben was directed to look into the matter. No action was taken on the final payment pending research and review by Councilman Losleben FINAL PAYMENT Mayor Lockwood moved the adoption of Resolution No. 79-83, PUBLIC .WORKS "RESOLUTION APPROVING FINAL PAYMENT FOR PUBLIC WORKS GARAGE GARAGE ELECTRICAL CONTRACT IN THE AMOUNT OF $3,393.85." I Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 WATER TANK ASSESSMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 Page 112.5 August 7, 1979 Councilman Losleben moved the adoption of Resolution No. 79-84, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR MUNICIPAL WATER STORAGE TANK AND RELATED DISTRIBUTION LINE," the hearing to be conducted at 7:30 P.M. on September 4. Councilwoman Witt seconded the motion. The Council also acknowledged receipt of a memo from financial advisor Shaughnessy regarding water tank and water system financing. The Council also acknowledged receipt of a proposed resolution to establish a tax levy for water system improvements. Mayor Lockwood moved the adoption of Resolution No. 79-85, "RESOLUTION ESTABLISHING FEDERAL REVENUE SHARING PROPOSED USE HEARING, ESTABLISHING THE HEARING DATE FOR SEPTEMBER 4 at 7:30 P.M." Councilwoman Witt seconded the motion. Mayor Lockwood moved approval of the list of claims submitted for payment on August 7, 1979, deleting the payment to Nodland Associates, Inc. Councilman Losleben seconded the motion. Councilman Losleben moved approval of the list of licenses, granting licenses to the following: Robert H. Licha Jesco, Inc. Dodd Construction Trana & Cavern Masonry Warren Gamache Construction Pierre Aircon Corp. . Pierre Aircon Corp. Specktor Plumbing Services Co. Baars Plumbing .& Heating Klemmensen Builders, Inc. Cement/Masonry Contractor Lic. Cement/Masonry Contractor Lic. Plumbing License Cement/Masonry Contractor Lic. General Contractor License Plumbing License Excavating License General Contractor License Plumbing License Plumbing License General Contractor License Councilwoman Witt seconded the motion. Councilman Hartmann moved approval of the addendum list of licenses, granting licenses to the following: Walfoort Brothers T. A. Schmidt Excavating William F. Kopp Construction C & L Erectors, Inc. Rauenhorst Corporation Theisen-Fischer, Inc. Clemen Construction, Inc. General Contractor License Excavating License General Contractor License General Contractor License General Contractor License Cement/Masonry Contractor Lic. General Contractor License Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: K thleen M. Swanson City Clerk Page 1126 August 7, 1979 Eagan Excavating Company Excavating License Klamm Mechanical Contractors Excavating License St. Paul Utilities, Inc. Excavating License Councilwoman Witt seconded the motion. There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned. Mayor Lockwood seconded the motion. TIME OF ADJOURMENT: 11:45 o'clock P.M. Robert G. Lockwood Mayor