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1978-05-02 Council minutesPage 882 May 2, 1978 City of Mendota Heights Dakota County State of Minnesota Minutes of the Regular Meeting Held Tuesday, May 2, 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 Losleben, Mertensotto, Schaberg and Wahl. BID OPENING, Financial Advisor Larry Shaughnessy was present to open bids IMPROVEMENT received on the sale of $2,120,000 Temporary Improvement Bonds BONDS and $1,930,000 Permanent Improvement Bonds. PUBLIC WORKS GARAGE Ayes: 5 Nays: 0 The following bids were received on the Temporary Improvement Bonds: First National Bank of St. Paul (et al), bid $312,085.20, for an interest rate of 4.907%; First National Bank of Chicago (et al), bid $307,972.40, for an interest rate of 4.842%. The following bids were received on the Permanent Improvement Bonds: First National Bank of St. Paul (et al), bid $1,418,747.35, for an interest rate of 5.6126%; First National Bank of Chicago (et al), bid $1,421,188.79, for an interest rate of 5.6223%. The Council accepted the bids and turned them over to the Financial Advisor for review. The Council acknowledged receipt of memos from the Task Force Committee, the City Administrator, and Mr. Don Wright relative to the bids received on the proposed Public Works Garage construction. Mr. Wright explained his letter and recommended that the bid be awarded, minus Alternate G-1, and negotiate other deductions (via change orders) with the contractors after the bid has been awarded. Mr. Wright reviewed several possible deductions contained in his letter. It was the concensus of the Council that the award should be made based on the original plans and specifications and that Items 2 under General Contractor, Item 1 on Mechanical, and Item 1 under electrical, should be considered as possible change orders after bid award. Councilman Mertensotto moved the adoption of Resolution No. 78-45, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PUBLIC WORKS GARAGE CONSTRUCTION," awarding the bid to the low bidders as follow: Henry 0. Mikkelson Company, Klamm Mechanical Contractors, Inc., and Gombold Electric Company, for a total bid amount of $426,624. Councilman Losleben seconded the motion. BIRCH COMPANY Page 883 May 2, 1978 The Council acknowledged receipt of a letter from the City Attorney regarding the compatibility of the Birch Company proposed use under the B-2 and B-3 Zoning District requirements. Attorney Winthrop stated that the Birch Company property is located in a B-2 District and in his opinion the proposed use is not allowed under this zoning, either directly or inferentially. He noted that this type of use is addressed as a conditional use in B-3Districts, and that the application before the Council, as it is proposed in a B-2 District, would have to be denied. He pointed out that if the Council chooses to allow the proposed use in the B-2 District it could be done only through one of two alternatives: amend the Zoning Ordinance to permit the specific use in B-2 Districts; or rezone the subject property from B-2 to B-3. Mayor Lockwood stated that the Council should deny the request without prejudice, and if Mr. Birch chooses to pursue the matter, he should meet with the City Planner to determine which of the two alternatives recommended by the Attorney is best. Mr. Birch advised the Council that he had circulated a petition to residences in the area adjacent to his property and has received the signatures of 65 property owners who approve of the proposed use. He also stated that he would not be interested in rezoning the area to B-3. After considerable discussion, the Council requested that Mr. Birch meet with City Planner Dahlgren and that Mr. Dahlgren subsequently make a recommendation to the Council on which of the alternatives is feasible. PROPOSED ORDINANCES The Council acknowledged receipt of the proposed animal ordinance and dog ordinance amendment. Discussion on the matter was tabled to May 16th. BID AWARD Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Financial Advisor Shaughnessy advised the Council that the bids submitted by the First National Bank of Chicago for Temporary Improvement Bonds was the low bid and that the bid submitted by the First National Bank of St. Paul for the Permanent Improvement Bonds for that issue, and recommended that the bids be awarded to the low bidders on each issue. Mayor Lockwood moved the adoption of Resolution No. 78-46, "RESOLUTION ACCEPTING BID ON SALE OF $2,120,000 TEMPORARY IMPROVEMENT BONDS OF 1978 AND PROVIDING FOR THEIR ISSUANCE," awarding the bid to the First National Bank of Chicago for $307,972.40, at an interest rate of 4.842%. Councilman Wahl seconded the motion. Councilman Schaberg moved the adoption of Resolution No. 78-47, "RESOLUTION ACCEPTING BID ON SALE OF $1,930,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to the First National Bank of St. Paul, for $1,418,747.35, at an interest rate of 5.6126%. Councilman Losleben seconded the motion. PLANNING COMMISSION Page 884 May 2, 1978 The Council acknowledged receipt of the minutes of the April 25 Planning Comrhission meeting. CASE NO. 78-2 Mr. Joseph DeLisi was present to request approval of a DE LISI CONDITIONAL conditional use permit to allow retail fruit and vegetable sales USE PERMIT at the DeLisi Fruit Company building on Sibley Memorial Highway. Mr. DeLisi stated that at the present time the company runs a wholesale operation and generally there is a considerable surplus of fruits and vegetables. It is his desire to partition off a small portion of the building for use as a , outlet for overstock or surplus goods, noting that the retail outlet would be set up as a separate company, not using the DeLisi Fruit Company name. He stated that the proposed hours of operation would be 8:00 to 6:00, 6 days a week, and that a maximum of approximately 100 cars per day would be generated by the outlet. WETLANDS PERMIT Ayes: 5 Nays: 0 CASE NO. 78-4, PASS SUBDIVISION City Attorney Winthrop noted that since the facility is located in the Industrial District, and retail sales are not allowed in the District, the Council should consider amending the Ordinance to allow retail sale as a conditional use and then should consider granting a conditional use permit. Councilman Schaberg suggested that if the retail sale facility were open 6 days a week, it will actually become a retail store. just an outlet for sale of overstock goods. He noted that the real question is whether or not the City wants to allow retail businesses in the Industrial District. Councilman ;L6sleben was concerned about a possible "chain reaction," suggesting that if retail sales were allowed on a conditional use basis, other industrial concerns might alos request permits for retail sales. After discussion, the Council directed that the City Planner meet with Mr. DeLisi to reveiw the request and make a recommendation to the Council. Mr. Vernon Edstrom was present to request approval of a Wetlands Permit for Lot 11, Willow Springs Addition, located west of 625 W. Marie Avenue. On the recommendation of the Planning Commission, Councilman Wahl moved the adoption of Resolution No. 78-48, "RESOLUTION APPROVING WETLANDS PERMIT AND ATTACHING CONDITIONS THERETO." Councilman Losieben seconded the motion. Mr. Roger Pass was present to request approval of the division of Lot 7, Block 3, Jefferson Heights Addition, located at the corner of Freeway Road and North Freeway Road. Councilman Wahl asked several questions about drainage and whether provisions had been made to acquire a drainage easement to protect the natural drainage pattern. There was also some question as to whether an adequate sewer and water assessment had been charged against the lot, providing for future subdivision. CASE NO. 78-5 JYRING VARIANCE Ayes: 5 Nays: 0 Page 885 May 2, 1978 As a result of the discussion, the Council directed staff to research the assessment history and look in4o the drainage characteristics. Further discussion on the matter was tabled pending receipt of staff reports and recommendations. Mr. Richard Jyring was present to request a front and rear yard variance for Lot 3, Block 7, Lexington Highland West Addition, located on Twin Circle Drive. Based on the recommendation of the Planning Commission, Councilman Losleben moved approval of a two foot front yard setback variance and three foot rear yard setback variance for Lot 3, Block 7, Lexington Highland Addition. Councilman Wahl seconded the motion. CASE NO. 78-6, Mr. Michael Krajniak was present to request approval of a KRAJNIAK WETLANDS Wetlands Permit for Parcel No. 27-02400-070-79, located on PERMIT Marie Avenue between Delaware and Ridgewood. The Council noted that if the permit is approved, the City will require strict compliance with all Building Code requirements during construction of the proposed residence. Ayes: 4 Nays 0 Abstain: 1-Wahl MISCELLANEOUS After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 78-49, "RESOLUTION APPROVING WETLANDS PERMIT AND ATTACHING CONDITIONS THERETO." Councilman Mertensotto seconded the motion. Mr. Dennis McCardle, 2159 Fox Place, was present to advise the Council of the status of negotiations between the Friendly Hills Civic Association and Mendota Water Company relative to possible purchase of the Company by the Friendly Hills residents. He noted that the Council will review the Company's rates and asked that the Council hold a special meeting with the Friendly Hills residents prior to that date, May 16th. After a brief discussion, the Council requested Mr. McCardle to submit a written report to the City Clerk for distribution with the May 16th agenda. PARK AND The Council acknowledged receipt of the minutes of the RECREATION April 25th Park and Recreation Commission meeting. Chairperson COMMISSION Liz Witt was present to explain several of the Commission recommendations. INTERSTATE VALLEY CREEK CROSSINGS The Council acknowledged receipt d a report from City Engineer Ed Kishel regarding proposed methods of installing creek crossings in Interstate Valley for pedway, ski trail and maintenance vehicle useage. Administrator Johnson described the proposed crossing locations, pointing out that some type of structure is necessary in each location to allow City maintenance vehicles access for maintenance of the area. Mrs. Witt noted that the Park and Recreation Commission recommended a maximum $25,000 expenditure for crossing installations and reviewed the resolution adopted at the Page 886 May 2, 1978 April 25 Park Commission meeting. Councilman Losleben moved that the City Engineer be authorized and directed to prepare plans for three crossings in Interstate Valley under the guidelines established by the Park and Recreation Commission. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 BIKEWAYS Mrs. Witt reviewed the Park Commission discussion regarding the bikeways, pointing out that the Commission recommended that the City Engineer be directed to prepare a feasibility report on a proposed Marie Avenue bikeway, in preparation for future grant applications for bikeway construction. Councilman Losleben felt that the City should place top priority on construction of a bikeway along Dodd Road rather than Marie Avenue. Mrs. Witt noted that the Commission action was a reaction to an earlier City Council resolution requesting a transfer of the approved Lexington/Wagon Wheel Trail grant to Marie Avenue. After some discussion, it was the concensus that no action should be taken at the present time. PEDWAY Ayes: 5 Nays: 0 COMMUNICATIONS COMMUNICATIONS Mrs. Witt advised the Council of the Park Commission's request that the Council direct the City Engineer to include an eight-foot pedway/bikeway along the unnamed State Aid Road in the plans and specifications for the Friendly Hills Replat public improvements. Councilman Losleben moved that the City Engineer be directed to include provisions for a pedway/bikeway along the State Aid Road from Delaware Avenue to Friendly Hills, in the plans and specifications for the Friendly Hills Re-plat public improvements. Mayor Lockwood seconded the motion. The Council acknowledged receipt of a notice of the Association of Metropolitan Municipalities annual meeting to be held on May 17th. The Council acknowledged receipt of letters from Congressman Ouie and Senator Humphrey in response to the City's resolution on deferred compensation which was adopted on April 18th. The Council acknowledged receipt of a letter from Mr. Gerald Shaughnessy, 572 Miriam Street, regarding drainage problems. The matter was referred to staff for study and recommendation. The Council acknowledged receipt of a Mn/DOT invitation to attend the annual Transportation Days to be held on June8-10. BOARD OF REVIEW Ayes: 5 Nays: 0 DRAINAGE Ayes: 4 Nays: 1 Mertensotto ENGINEERING STATUS REPORT CROWN POINT IMPROVEMENTS LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 May 2, 1978 Page 887 Mayor Lockwood moved that the annual Board of Review be held at 7:30 o'clock P.M. on Wednesday, June 7th. Councilman Losleben seconded the motion. Councilman Wahl recommended that the Council take some action to collect monies as the City of West St. Paul's share of the Northeast Area drainage improvement project. After a brief discussion, Councilman Losleben moved to direct the City Attorney to determine what the City's position should be on the collection of past due financial contributions from West St. Paul for drainage improvements. Councilman Schaberg seconded the motion. The Council acknowledged receipt of the Engineering Status Report for April, 1978. The Council delayed a decision on the bid award for Crown Point improvements until the executed developer's agreement has been received and approved. Mayor Lockwood moved the adoption 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, May 2, 1978, having been audited by the City Council, be and • are hereby allowed and the Mayor and Treasurer of the City of Mendota Heights are hereby authorzed and directed to issue City checks in payment of said claims. Councilman Wahl seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Schomaker Construction Peter Dukinfield Company Henry K. Lindahl & Sons, Inc. A&R Construction Company Copeland Construction Co. Attracta Sign, Inc. Leo's Plumbing Metro Area Plumbing John McCarty Company Rivard Plumbing & Heating Co. Dick Levine Excavating Co. C.O. Carlson Air Conditioning Company General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Plumbing License Plumbing License Plumbing License Plumbing License Excavating License Air Conditioning License Councilman Schaberg seconded the motion. Page 888 May 2, 1978 ADJOURN There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:48 o'clock P.M. K hleen M. Swanson City Clerk ATTEST: QVLCjJL Robert G. Lockwood Mayor