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1978-09-05 Council minutesPage 957 September 5, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 5, 1978 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 Huber, Losleben, Mertensotto and Wahl, HEARING -- FEDERAL City Administrator Johnson advised the audience that the hearing REVENUE SHARING had been called to discuss the proposed uses of the City's Federal Revenue Sharing allocation. Mr. Johnson advised the audience that anticipated receipts for 1978 in the amount of $34,396, is proposed to be used to finance the Public Works Garage construction. It is also proposed that the $34,400 anticipated 1979 receipts be used for Public Works Garage financing. Ayes: 5 Nays: 0 Mayor Lockwood asked for questions and comments from the audience. Mr. Fred Metcalfe, III., 1355 Clement Street, asked what would happen if the City were to do nothing at all with the revenue sharing monies. There being no further questions or comments, Councilman Mertensotto moved that the hearing be closed. Councilman Wahl seconded the motion. The hearing was closed at 7:43 o'clock P.M. The Council advised the audience that, since there were no objections to the proposed use, the Federal Revenue Sharing 1978 and 1979 allocations would be applied as proposed. ASSESSMENT ROLL, The Council acknowledged receipt of letters from EMERSON AVENUE Mrs. WalterStaples, 557 Emerson Avenue West, Mrs. Alice Schwartz, IMPROVEMENTS (for LotL.,2?:-BlookcI8);.7in objection to proposed assessments against their properties. The Council discussed the letter from Mrs. Staples, and the concensus was that since the property fronts on two streets and has entrances from both streets, no adjustment can be made in the proposed assessment. Councilman Huber moved that the request from Mrs. Staples for assessment adjustment for 557 W. Emerson Avenue be denied. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT ROLL, IVY FALLS WEST Ayes: 5 Nays: 0 Page 958 September 5, 1978 The Council discussed the letter from Mrs. Schwartz relative to the street assessment proposed for Lot 2, Block 18, Somerset View Addition. The Council determined that while this is a double frontage lot there is only a single access, and assessing both sides of the property for street construction would be inappropriate. It was noted that Mrs. Schwartz was assessed for street improvements in connection with Improvement 72, Project 8, and that the former assessment was approximately the same assessment amount as the proposed assessment. Councilman Losleben moved that the street assessment proposed for Lot 2, Block 18, Somerset View Addition, be forgiven (deleted from the assessment roll) in light of the fact that a street assessment had already been assessed under a previous project. Councilman Wahl seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 78-91, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET IMPROVEMENTS FOR A PART OF EMERSON AVENUE, COLESHIRE LANE AND SOMERSET ROAD (IMPROVEMENT 77, PROJECT 2)," as corrected, and deferring $2,000 of the Somerset Country Club assessment until such time as the Country Club is sold or used for some other purpose. Councilman Huber seconded the motion. The Council acknowledged receipt of letters from the following residents with regard to proposed assessments for improvements in connection with the Ivy Falls West improvement project: Fred Metcalfe, Louis M. Greengard, Wayne V. Nelson. Mayor Lockwood stated that the assessment rate for storm sewer construction as part of the Clement/Vandall project was $0.062 per square foot. The Metcalfe, Greengard and Nelson lots were not assessed for storm sewer under that project. City Engineer Kishel explained why the three properties were included in the current project but were not included in the Clement/Vandall project. He noted that if the storm sewer had been extended to serve the three properties on Clement, the assessment rate would have been considerably higher over the entire project. After some discussion, it was the concensus of the Council that the three lots on Clement are not benefitted 100% from the storm sewer improvements, but rather that 60% would be a more accurate assessment of benefit. Councilman Mertensotto moved that only 60 of the total assessible square footage be assessed at the project rate of $0.116 per square foot for the Metcalfe, Nelson and Greengard properties. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 ASSESSMENT ROLL, MAYFIELD HEIGHTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page 959 September 5, 1978 Councilman Mertensotto moved the adoption of Resolution No. 78- 92, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IVY FALLS WEST AND IVY FALLS WEST 2ND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 75, PROJECT NO. 3; IMPROVEMENT NO. 75, PROJECT NO. 3-STAGE II; AND IMPROVEMENT NO. 75, PROJECT NO. 3- IVY FALLS WEST 2ND ADDITION)," as corrected. Councilman Losleben seconded the motion. The Council acknowledged receipt of letters from the following property owners in objection to proposed assessments in connection with the Mayfield Heights area improvement project: Mr. & Mrs. Joseph Coopersmith, Mr. Clarence Volkmann, Mrs. Marion Clemens, Mr. George F. Clemens, Jr., Mr. Michael Posnansky. In response to the written request for deferment from Mr. Posnansky, the Council had several questions regarding possible future development of the landlocked lot, where the subject lot is located, and several other questions which could not be answered in view of Mr. Posnansky's absence from the meeting. It was the concensus of the Council that consideration of deferment should be delayed until some of the Council questions can be answered. Councilman Huber moved to deny the request for deferment without prejudice to review at a future date when additional information is available. Councilman Wahl seconded the motion. The Council discussed a letter from Mrs. Marion Clemens objecting to a storm sewer assessment against her Lot 1. City Engineer Kishel pointed out that there was no storm sewer assessment proposed against Lot 1, however a street assessment was included in the proposed assessment roll. After discussion, Councilman Huber moved that no action be taken, but that Mrs. Clemens be notified that there is no storm sewer assessment proposed under this project for Lot 1. MayorLLockwood seconded the motion. The Council discussed a letter from Mr. Clarence Volkmann, 1673 Mayfield Heights Road, wherein Mr. Volkmann objected to the proposed storm sewer assessment against his lot as well as objecting to the steepness of his driveway entrance and the removal of survey stakes. Engineer Kishel stated that Mr. Volkmann maintains that the surface water from his lot drains onto a neighbor's lot, which may be correct, however from this point the water then drains into the drainage system, and therefore the entire lot should be assessed for storm sewer. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 77-38, SCHUSTER SUBDIVI- SION Ayes: 5 Nays: 0 BID DISCUSSION, FRIENDLY HILLS ACCESS ROAD Ayes: 5 Nays: 0 Page 960 September 5, 1978 Councilman Huber moved the denial of the request for adjustment in the storm sewer assessment for 1673 Mayfield Heights Road, and that staff be directed to work with Mr. Volkmann on the driveway problem and replacement of the survey stakes. Mayor Lockwood seconded the motion. Councilman Huber moved the adoption of Resolution No. 78-93, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MAYFIELD HEIGHTS LANE IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 1)." Councilman Wahl seconded the motion. Mr. Joseph Schuster was present to request approval of the subdivision of Lot 17, Somerset Hills. It was noted that the matter had been continued from the Augustl5th meeting. The Council acknowledged receipt of a report from the City Attorney relative to the proposed subdivision. Mr. Schuster explained the proposal and showed several pictures of the lot and his existing residence. He also discussed screening and possible locations of residences on the proposed new lots. Mayor Lockwood pointed out that it has been the City's policy that once structures have been built at an existing setback all new structures must comflymwith that setback. He stated that it does not appear as though future residences on the proposed new lots could conform with the established setback. He further stated that he would not like to see the Council approve division of the land into three lots since this would mean that the most northerly lot would involve a gross variation from the established setback, and would violate the principles of the Zoning Ordinance. After considerable discussion and review of the City Attorney's opinion, Councilman Huber moved that the application for subdivision be denied on the basis that the lots as proposed would violate setback regulations on two and possibly three lots. Councilman Losleben seconded the motion. Engineer Kishel stated that he has submitted a request to the DNR for crossing the shourt segment of low, swampy land within the roadway and they have given informal approval, however the DNR contacted the Corps of Engineers. The Corps of Engineers representatives met with Joe Dotty and did some measuring to determine how much of the low land was being crossed and determined that more than 200 feet of low land would be crossed. This determination resulted in the need for a permit application, which has been submitted to the Corps of Engineers. Councilman Huber moved that a decision on the bid award for materials be tabled to September 7th. Councilman Losleben seconded the motion. EAGLE RIDGE EAST PLAT 2 - FINAL PLAT APPROVAL Ayes: 5 Nays: 0 GRADING PLAN, EAGLE RIDGE SUMMIT PETITION FOR IMPROVEMENTS INDUSTRIAL REVENUE BONDS - ESSLINGER COMPANY Ayes: 5 Nays: 0 IVY FALLS CREEK DRAINAGE Page 961 September 5, 1978 Councilman Wahl moved the adoption of Resolution No. 78 -94, "RESOLUTION APPROVING FINAL PLAT, EAGLE RIDGE EAST PLAT 2," approval being subject to staff review and approval of the plat. Councilman Huber seconded the motion. Administrator Johnson advised the Council that the proposed grading plan for Eagle Ridge Summit was just received today. Discussion on the matter was tabled to September 19th. Public Works Inspector Pearson advised the Council that Mr. John Lyons (LCS Company) has requested that any action on his petition for public improvements to serve his company be delayed. Mr. Karl Esslinger was present to discuss his proposed office - warehouse and to request approval of Industrial Revenue Bonds. There was some discussion as to the applicability of the proposed use to the current and proposed zoning of the property on which Mr. Esslinger plans to locate the structure (Medallion Industrial Park). It was also noted that the Medallion Industrial Park has not as yet been approved as a plat. Councilman Losleben moved the adoption of Resolution No. 78 -95, "RESOLUTION RECITING A PROPOSAL FOR AN OFFICE WAREHOUSE DEVELOPMENT PROJECT APPROVING THE PROJECT PURSUANT TO THE MIKNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND 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 RELATED MATTERS IN CONNECTION WITH SAID PROJECT," subject to the proposed use being a conforming use and subject to platting of the land. Councilman Mertensotto seconded the motion. The Council acknowledged receipt of letters from the Somerset Country Club and Mr. Neil Convery, 662 Sibley Memorial Highway, relative to proposed Ivy Falls Creek drainage improvements. Mayor Lockwood summarized the letter from Somerset Country Club, noting in particular that the Country Club is willing to add capacity to their existing holding ponds as well as allowing the installation of an additional holding pond on the golf course property. The Council discussed the letters and drainageway proposed improvements. Page 962 September 5, 1978 COMMUNICATIONS The Council acknowledged receipt of a letter from the Metropolitan Transit Commission regarding Commission activities. CRAY RESEARCH Ayes: 5 Nays: 0 PLANNING COMMISSION The Council acknowledged receipt of a letter from Cray Research advising the Council that they are planning an addition to their facility, construction to commence some time in the spring of 1979. The letter indicated that placement of the addition would necessitate destruction of site improvements specified in the company's present design. The Company thus requested the City to permit them to eliminate 32 feet of concrete curb at the southeast edge of the parking lot and eliminate the bituminous wearing surface on the service drive at the south edge of the site. Administrator Johnson recommended that the request be approved. Councilman Huber moved that the request be approved as proposed. Councilman Losleben seconded the motion. The Council acknowledged receipt of the minutes of the August 22 Planning Commission meeting. HEARING -- Mayor Lockwood opened the meeting for the purpose of a hearing BIRCH COMPANY on an application from the Birch Company for a conditional CONDITIONAL USE use permit to allow construction of a heating and air PERMIT conditioning sales and service building on Dodd Road at Freeway Road. Ayes: 5 Nays: 0 Mr. Birch was present to represent the Birch Company, and requested that the City participate in the cost of the required drainage system, and that the City purchase the necessary pipe. There was considerable discussion relative to drainage and drainage improvements. Administrator Johnson suggested that perhaps the permit could be approved subject to receipt of drainage plans by the City Engineer and receipt of a bond for one and one-half times the amount of the proposed drainage system. He pointed out that this is a private drainage system and the design and maintenance of the system are the responsibility of the property owner. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Huber moved that the hearing be continued to September 19th, that the applicant be required to submit a drainage plan approval by the City Engineer and a performance bond in the amount of 150% of the cost of the drainage system construction. Councilman Losleben seconded the motion. There was a brief discussion on the Planning Commission's request for clarification of the phrase "not (be) more than six persons on said premises." Staff was directed to study the question. CASE NO. 78-25, AMCON CORPORATION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 78-24, NOACK Ayes: 5 Nays: 0 CASE NO. 78-28, KAYOUM PROPOSED PROPERTY ACQUISITION Page 963 September 5, 1978 Mayor Lockwood opened the meeting for the purpose of a hearing on an application from the Amcon Corporation for a conditional use permit for an air freight terminal proposed to be located on Northland Drive. Mayor Lockwood asked for questions and r. comments from the audience. Mr. Pat Gannon, representing AmCon, explained the application. There being no questions or comments from the audience, Councilman Huber moved that the hearing be closed. Mayor Lockwood seconded the motion. Councilman Huber moved the adoption of Resolution No. 78-96, "RESOLUTION APPROVING CONDITIONAL USE PERMIT," approval being subject to complete adherence to the plans submitted to the Council. Mayor Lockwood seconded the motion. Mr. Leroy Noack was present to request approval of the subdivision (rearrangement) of Lots 3-8, T.T. Smith Subdivision No. 4 (Block 6). Administrator Johnson explained that since this is in fact a rearrangement and not the subdivision of the property, no park contribution should be required. He further noted that a wetlands fee had been collected from Mr. Noack, however, such a permit should not be considered until building permits are applied for and consequently the wetlands fee should not be required at this time. Councilman Losleben moved thatrthejrearrangement of Lots 3-8, Block 6, T.T. Smith Subdivision No. 4 be approved as proposed, that no park contribution be required, and that the wetlands permit fee be.refunded. Councilman Huber seconded the motion. Since Mr. Kayoum was not present to explain his application for variance, the matter was tabled. Parks and Recreation Commission Chairwoman Liz Witt was present to explain her memo recommending negotiation for acquisition of the Schiefner property on Wentworth Avenue. The Council concurred that this addition to the existing park would be appropriate and directed staff to research the matter. PLAYGROUND EQUIPMENT Mrs. Witt explained her memo regarding the acquisition of playground equipment for Marie and Valley Parks. Mrs. Witt explained that the cost for equipment and installation would be approximately $4,000 for each park. Councilman Losleben moved approval of the purchase of playground equipment from Landscape Structures, Inc., for Valley Park and Marie Park, for a cost of WOOGInatelv per park for equipment and installation. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 Page 964 September 5, 1978 VALENCOUR BUILDING Mr. Martin Valencour was present to request approval of a PERMIT building permit for a bedroom addition to his home located on T.H. 55. Ayes: 5 Nays: 0 POLICE LABOR AGREEMENT Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 FLOOD INSURANCE PROGRAM Ayes: 5 Nays: 0 MISCELLANEOUS Building Inspector Bjorklund expressed his concern that issuance of a permit might be contrary to Mn/DOT direction of some years ago to deny permits for this area. Administrator Johnson stated that he has had two telephone conversations with Merritt Linzie of Mn/DOT regarding the application, and Mr. Linzie stated that Mn/DOT has not been asking for the withholding of permits for the last few years unless the highway taking is to be conducted within six to nine months, and that they have no plans for acquiring any of Mr. Valencour's property within that time frame. Councilman Huber moved approval of the building permit for a 14 by 24 foot bedroom addition. Mayor Lockwood seconded the motion. The Council acknowledged receipt of a memo from the City Administrator regarding the Police labor contract arbitration award. Mr. Johnson reviewed his memo and recommended approval of the 1978 labor contract and an increase in salaries for the Police Chief, Captain and Sergeant. Councilman Losleben moved approval of the 1978 Police Labor Agreement in accordance with the arbitration award. Councilman Huber seconded the motion. Councilman Losleben moved that the salaries for the Police Chief, Captain and Sergeant be approved as follow, effective January 1, 1978: Chief: $2,028 per month; Captain, $1,848 per month; Sergeant, $1,738 per month. Councilman Huber seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 78-97 "RESOLUTION TO ESTABLISH ELIGIBILITY IN THE NATIONAL FLOOD INSURANCE PROGRAM." Mayor Lockwood seconded the motion. Financial Advisor Larry Shaughnessy explained a proposed resolution setting guidelines for issuance of industrial development bonds. No action was taken on the matter. MISCELLANEOUS Ayes: 5 Nays: 0 ROLLING GREEN Ayes: 5 Nays: 0 DISEASED TREE ASSESSMENTS Ayes: 5 Nays: 0 DELINQUENT SEWER RENTAL Ayes: 5 Nays: 0 WEED REMOVAL CHARGES Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 Page 965 September 5, 1978 Councilman Mertensotto moved that a 2-day on-sale 3.2 beer license be granted to St. Peter's Church for September 15 and 16. Councilman Wahl seconded the motion. Engineer Kishel.submitted and reviewed the plans and specifications for Rolling Green public improvements. Mr. Kishel recommended that bids be accepted on October 10th. Mayor Lockwood moved the adoption of Resolution No. 78-97a: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (IMPROVEMENT NO. 78, PROJECT NO. 1)." Councilman Losleben seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 78-98, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE REMOVAL OF DISEASED TREES." Councilman Wahl seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 78..99, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Mayor Lockwood seconded the motion. There was a concensus of the Council that a service charge should be made for any sewer rentals certified to the County for collection. Staff was directed to research State Statutes to determine what load charge can be made to cover Administrative expenses. Councilman Mertensotto moved the adoption of Resolution No. 78-100, "RESOLUTION CERTIFYING WEED REMOVAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Councilman Huber seconded the motion. Councilman Wahl moved approval of the following motion: RESOLVED, that the claims submitted to the City Council for payment, a summary of which is set forth on the list attached hereto and identified as List of Claims submitted for payment, September 5, 1978, having been audited by the City Council, be and are hereby allowed and the Mayor and Treasurer be and are hereby authorized and directed to issue City checks in payment of said claims. Mayor Lockwood seconded the motion. LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 966 September 5, 1978 Councilman Losleben moved approval of the list of licenses, granting licenses to: Marvin H. Anderson Merle's Construction Company J.R. Walker & Sons, Inc. Bob's Plumbing & Heating Welter & Blaylock, Inc. Riverd Plumbing & Heating John Schulties Plumbing Northeast Sheet Metal Northeast Sheet Metal Red Rock Heating & Sheet Metal, Inc. Gas The Tinn Shoppe Eagan & Sons Company D&D Cement & Masonry Contractors G.L. Johnson Cement General Contractor License General Contractor License Excavating License Excavating License Excavating Licnese Plumbing License Plumbing License Heating & Air Conditioning License Gas Heating License Gas Heating License Heating & Air Conditioning License Gas Heating License Masonry License Masonry License Mayor Lockwood seconded the motion. There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned to 7:30 P.M., Thursday, September 7th. Mayor Lockwood seconded the motion. TIME OF ADJOURNMENT: 12:40 o'clock P.M. X- -...-----fm --- Ka hleen M. Swanson City Clerk ATTEST: 44etz, of0,4,1. Robert G. Lockwood Mayor