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