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1977-06-07 Council minutesPage 835 June 7, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 7, 1977 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. APPROVAL OF Councilman Wahl moved approval of the minutes of the May 17 MINUTES meeting with correction. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 HEARING -- Mayor Lockwood opened the meeting for the continuation of a PROPOSED STREET hearing on proposed Emerson Avenue street improvements and for IMPROVEMENTS the purpose of a feasibility hearing on proposed street improve- ments for a portion of Coleshire Lane and a portion of Somerset Road. Mayor Lockwood noted that hearing notices had been published in the legal newspaper and copies had been mailed to all affected property owners. Mayor Lockwood explained the proposed improvements, and explained the Council's past policy on assessing double frontage lots. The Council acknowledged receipt of letters from Mr. Dyer. Brogmus, 511 W. Emerson Avenue, and Dr. Zoltan Posalaky, 515 W. Emerson Avenue, in favor of the proposed Emerson Avenue improvement, and a letter from Mr. & Mrs. E.R. Isaacson, 573 W. Emerson Avenue, in opposition to the propo- sed improvement. Mayor Lockwood asked for questions and comments from the audience. Mr. Calvin Randolph, 541 W. Emerson Avenue, stated that he feels something should be done to improve Emerson but that the improvements should be kept to a minimum. Mr. Maurice Telander, 589 W. Emerson, stated that he is very much in favor of fixing Emerson and extending Somerset and Coleshire, however he does not feel that the property owners should pay the same rate as the residents of Somerset View paid for their street improvements, further stating that he feels the City shotld pay a portion of the costs. There being no further business to come before the Council, Councilman Mertensotto moved that the hearings be closed at 7:50 o'clock P.M. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Page 836 June 7, 1977 Councilman Mertensotto moved the adoption of Resolution No. 77-35 "RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENTS ON EMERSON AVENUE BETWEEN DODD ROAD AND DELAWARE AVENUE AND PREPARATION OF PLANS AND SPECIFICATIONS THEREFOR (IMPROVEMENT NO. 77, PROJECT NO. 2)." Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Councilman Mertensotto moved the adoption of Resolution No. 77-37 "RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENTS ON A PART OF COLESHIRE LAND AND SOMERSET ROAD AND PREPARATION OF PLANS AND SPECIFICATIONS THEREFOR (IMPROVEMENT NO. 77, PROJECT NO. 2)." Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT OF After a brief discussion, Councilman Wahl moved the adoption TRANSPORTATION of Resolution No. 77-36, "RESOLUTION APPROVING D.O.T. PLANS AND SPECIAL PROVISIONS," for Mendota Bridge improvements. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS GOPHER STAMP AND DIE Ayes: 5 Nays: 0 The Council acknowledged receipt of a letter from Mr. Robert Euro of Bergstedt, Wahlberg, Bergquist and Rohkohl requesting that the firm be considered when the Council considers contracting for the Public Works Garage construction. The Council acknowledged receipt of a letter from Mr. Carl Cummins, attorney for Mr. J.B. Smith, withdrawing the Gopher Stamp and Die subdivision application and requesting a refund of the application fee. The Council acknowledged the application withdrawal, and noted that the application had gone through the complete planning process, including the preparation of several reports by the City Planner. It was also noted that City ordinances do not provide for refund of fees and that the subdivision fee schedule, a copy of which had been given to Mr. Smith at the time of application, states that the basic filing fee is not refundable. After a brief discussion, Councilman Losleben moved that the application withdrawal be acknowledged and that the request for refund of the filing fee be denied. Councilman Wahl seconded the motion. PARKING COMPLAINT Mr. Harry Kirchner was present in response to Council request to discuss a complaint received by the Council. The Council had received a writteh complaint from Lee's Janitorial Service regarding the parking of cars by Mr. Kirchner along Dodd Road in front of the janitorial service. Mr. Kirchner stated that the cars are parked on highway property, not Lee's property, and that the parking only occurs in emergencies. He stated that the cars are parked on this location to allow their owners to retrieve property from the cars during a 24 hour period. MUNICIPAL REVENUE BONDS Ayes: 5 Nays: 0 Page 837 June 7, 1977 Mr. Patrick Hawkins, representing Mr. Lee, showed the Council pictures of cars parked in front of the Janitorial Service, and requested the Council to place no parking signs on Highway 49 in front of the Lee's property. Mr. Kirchner stated that he would have no objection to the "no-parking" designation if this restriction would apply to both sides of the highway, from Creek Avenue to Hokah. After a lengthy discussion, the Council turned the matter over to the City Administrator for a report from staff on the no-parking request and other considerations. Financial Advisor Larry Shaughnessy was present to discuss the Cray Research request for municipal revenue bonding to finance a proposed building site and building. Mr. Shaughnessy explained the various steps which must be completed prior to issuance of such bonds and advised the Council that he is in fovor of the bond issuance. Councilman Mertensotto expressed concern about the type of structure to be built, especially noting his concern that the building be designed as a general purpose building. Mr. J.D. Harris, of Cray Research, stated that roughly 90% of the structure will be office, and affirmed that the building will be general purpose rather than special purpose design. He also pointed out that the City will have no financial responsibility, that the company is requesting a maximum of $2 million in revenue bonding, but that the company will need plans and specifications and construction bids before they can know how much money will be needed. Mr. Shaughnessy stated that the company agrees that any and all costs incurred with the City will be the responsibility of the company, that the City will not be committing any money. Administrator Johnson stated that Mr. Bernard Friel of Briggs and Morgan prepared a "comfort" resolution and that once this resolution is adopted Cray Research will have the assurance and can go ahead and incur architectural and engineering costs and construction drawings. He noted that the proposed resolution - simply tells Cray Research that the City looks favorably upon the concept at this stage. Attorney Winthrop stated that the resolution is similar to a letter of intent which is not binding. It really gives the company the go ahead to start making some financial expenditures. Mr. Harris stated that the final plans and specifications should be ready around June 15th, and the company hopes to break ground some time in August, with roughly nine months for the building schedule. Councilman Losleben moved the adoption of Resolution No. 77-38, "RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT." Councilman Mertensotto seconded the motion. Page 838 June 7, 1977 PLANNING COMMISSION The .Council acknowledged receipt of the minutes of the May 24 Planning Commission meeting. CASE NO. 77-13, UNITED PROPERTIES Ayes: 5 Nays: 0 CASE NO. 77-14, CARROLL Ayes: 5 Nays: 0 CASE NO. 77-15, SWANSON Mr. James McKay, of United Properties, was present to explain the United Properties application for subdivision of property and conditional use permit for outside equipment storage. Mayor Lockwood opened the meeting for the purpose of a hearing on the conditional use permit application. Mr. McKay explained the subdivision of Lot 2, Inland Industrial Park into two lots, one lot consisting of 1.8 acres and the other lot consisting of approximately 21/2 acres. He noted that the Gardner-Denver Company plans to purchase the 1.8 acre (north) lot. Mr. McKay also explained the conditional use permit application, stating that the Gardner-Denver company wishes to store mobile equipment within a fenced area on the site. Mr. Charles Radloff, the company's architect, explained that the building will be a steel and pre-cast concrete structure consisting of approximately 8,500 square feet. The exterior will be pre-finished, raked pre-cast panels and there is no roof-top equipment planned. Mr. McKay explained the fence and landscaping details, noting that the fence will be chain-link interspersed with solid cedar as proposed on the landscape plan, and advised the Council that the fence will be twenty feet inside the east property line. There being no questions or comments from the audience, Councilman Wahl moved that the hearing be closed, and moved approval of the subdivision as proposed and the adoption of Resolution No. 77-39, "RESOLUTION APPROVING CONDITIONAL USE PERMIT." Councilman Schaberg seconded the motion. Mr. Dennis Carroll, 650 Brookside Lane, was present to request approval of his application for variance from the fence height restriction. Mr. Carroll plans to construct a redwood fence six feet in height, two feet from the west property line, around his existing patio. After a brief discussion, Mayor Lockwood moved approval of the application, granting a variance to allow construction of a six foot fence as proposed by Mr. Carroll. Councilman Losleben seconded the motion. Mrs. Emmie Swanson was present to request approval of her application for division of a single lot from the parcel she owns located on Orchard Place. The proposed 120 by 125 foot lot would be adjacent to the existing residence on Orchard Place and would be in accordance with Sketch No. 1 of the preliminary plat submitted by Mrs. Swanson. After a brief discussion, Councilman Losleben moved approval of the lot division as proposed conditioned upon submission of Ayes: 5 Nays: 0 CASE NO. 77 -16, SAUCEDO Ayes: 5 Nays: 0 CASE NO. 77 -17, NADLER Page 839 June 7, 1977 a park contribution in the amount of $500. Councilman Wahl seconded the motion. Mr. Ramedo Saucedo was present to request approval of an application for variance from the sideyard setback requirement for Lot 3, Block 1, Guadelupe Heights Addition. Mr. Saucedo proposes to construct a 72 foot home on the 82 foot lot and requested five foot sideyard setback variances on each side of the lot. Mayor Lockwood noted that the Planning Commission had recommended approval on the condition that no variances be granted on Lot 2 in the future. Mr. Kenneth Waschek, who owns Lot 2 jointly with Mr. Saucedo, stated that he would eventually be constructing a home on Lot 2 for future sale and that he has no objection to the condition. After a brief discussion, Councilman Wahl moved approval of the five foot setback variance on each side of the lot, conditioned upon approval from the Building Inspector that the eaves as proposed on the building plans meet the provisions of the Uniform Building Code and on the condition that no future consideration will be given for variances for Lot 2. Councilman Losleben seconded the motion. Mr. Richard Nadler was present to request approval of a Wetlands Permit for Lot 8, Block 3, Kirchner's Addition. Mr. Nadler stated that the proposed house will be set back 60 feet from the front property line and that he will conform with all setback requirements. The Council noted that this was a tax - forfeit parcel of property and were concerned over payment of any previous assessments. After a brief discussion, Mayor Lockwood moved approval of the Wetlands Permit subject to verification by the staff that all previous assessments on the lot have been satisfied. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Lockwood called a recess at 9:47 o'clock P.M. The meeting was reconvened at 9:50 o'clock P.M. DEPARTMENT REPORTS The Council acknowledged receipt of the Fire Department monthly report for May, 1977. CIVIL DEFENSE Councilman Losleben moved the adoption of Ordinance No. 148, ORDINANCE "AN ORDINANCE AMENDING ORDINANCE NO. 111," setting forth personnel procedures inapplicable to Civil Defense Volunteers. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 POLICE TRAINING Ayes: 5 Nays: 0 Page 840 June 7, 1977 The Council acknowledged receipt of a memo from Police Chief Thul recommending adoption of a proposed resolution designating the City Administrator as the official applicant for reimbursement of City expenditures for State required police training. After a brief discussion, Councilman Schaberg moved the adoption of Resolution No. 77-40, "RESOLUTION AUTHORIZING APPLICATION FOR REIMBURSEMENT OF FUNDS." Councilman Wahl seconded the motion. DUTCH ELM The Council acknowledged receipt of a report on Dutch Elm activities during May, 1977. MISCELLANEOUS Mr. John Larson was present to promote the 1977 Park-A-Rama activities and kick-off the annual Park-A-Rama button sales. PLANNING Mayor Lockwood reminded the Council that consideration should COMMISSION be given to filling the Planning Commission vacancy created as a result of the death of Mrs. Leslie Crecelius. The names of Madelyn Shipman and Kevin Howe were submitted for consideration. • Ayes: 5 Nays: 0 STAPLES AVENUE TRAFFIC CONTROL GRANT APPLICATION Ayes: 5 Nays: 0 MISCELLANEOUS After considerable discussion, Mayor Lockwood moved that Mrs. Shipman be appointed to serve on the Planning Commission, the appointment to be effective immediate ly and to expire on January 31, 1978. Councilman Losieben seconded the motion. The Council acknowledged receipt of a memo and traffic survey submitted by the Police Chief in response to a petition received by the Council on May 17. The report indicated that the average speed on Staples Avenue is 22.9 miles per hour, and the recommendation of the Police Department was that traffic conditions do not warrant stop signs or speed limit reduction. As a result of the report and recommendation, the Council took no action on the petition and directed staff to submit a copy of the traffic survey to Mrs. J.D. Delmont. After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 77-41, "RESOLUTION ACCEPTING AND APPROVING GRANT CONTRACT," authorizing the Mayor and City Administrator to execute the contract with the State for the Critical Areas grant. Mayor Lockwood seconded the motion. The Council acknowledged receipt of an excerpt from the Minneapolis Tribune listing 1977 median property taxes and indicating that Mendota Heights has the lowest property taxes of the communities surveyed. PUBLIC WORKS GARAGE SITE Page 841 June 7, 1977 Administrator Johnson advised the Council that the appraisal of the proposed public works garage site has been received and the appraised price is considerably higher than anticipated. The Council directed the Administrator and Financial Advisor Shaughn- essy to put together possible financing alternatives. MENDOTA PLAZA Several members of the Council commented on landscaping and parking lot conditions in the Mendota Plaza Shopping Center. Ayes: 5 Nays: 0 After a brief discussion, Councilman Wahl moved that the City Attorney be directed to submit a letter to Sheehy Construction Company or its bonding agent indicating possible City use of the Performance Bond to complete unfinished or unsatisfactory conditions on the shopping center property. Councilman Losleben seconded the motion. Councilman Losleben was directed to work with the City Attorney over details which need to be completed or corrected on the Plaza property. ENGINEERING The Council acknowledged receipt of a revised Engineering Status report for May, 1977. SEAL COATING Ayes: 5 Nays: 0 Councilman Mertensotto moved the adoption of Resolution No. 77-42, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR BIDS FOR 1977 STREET OILING AND SEAL COATING," the bids to be accepted on June 14. Councilman Losleben seconded the motion. MAYFIELD HEIGHTS The Council reviewed the final plans and specifications for the IMPROVEMENTS Mayfield Heights area improvements. After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 77-43, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON PROPOSED CONSTRUCTION OF SANITARY AND STORM SEWER, WATER AND STREET IMPROVEMENTS TO SERVE MAYFIELD HEIGHTS LANE AND ADJACENT AREAS (IMPROVEMENT NO. 77, PROJECT NO. 1)." Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 PETITION FOR The Council acknowledged receipt of a letter from Dale Johnson, IMPROVEMENTS 2215 Dodd Road, requesting an extension of the City's sanitary sewer system to serve his residence. City Engineer Kishel stated that it is possible to serve the house, extending the sewer line 100 feet along Dodd Road from the current ending point of the line. He estimated the cost to be between $3,100 and $3,500. He noted that since the extension would affect only the Johnson property, the total assessment would be assessable to the Johnsons. Mr. Kishel recommended that if the project is approved, it should be done by day labor. Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LIQUOR LICENSES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 LICENSES Page 842 June 7, 1977 Councilman Losleben moved the adoption of Resolution No. 77 -44, "RESOLUTION ACCEPTING REPORT AND ORDERING IMPROVEMENT AND PREPARATION OF PLANS." 1) c> Councilman Wahl seconded the motion. Councilman Schaberg 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, June 7, 1977, having been audited by the City Council, be and are hereby allowed and the Mayor and Clerk - Treasurer of the City of Mendota Heights are hereby authorized and directed to issue City checks in payment of said claims. Mayor Lockwood seconded the motion. Councilman Wahl moved that Club Liquor Licenses be granted to Somerset Country Club and Mendakota Country Club. Councilman Schaberg seconded the motion. Mayor Lockwood moved that a two -day on -sale 3.2 malt beverage license be granted to the Mendota Heights Volunteer Fire Department. Councilman Losleben seconded the motion. Mayor Lockwood moved that an off -sale 3.2 malt - liquor license be granted to Tom Thumb #563. Councilman Losleben seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: B -Tu -Mix Company C & L Erectors, Inc. Capp Homes Gilbert Hamm Construction Co. K.J. Johnson Construction, Inc. John L. Johes, Builder Val N. Kuntz, Builder Lawrence Signs, Inc. Lumber King Company Minnesota Package Products General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 843 June 7, 1977 Nygaard Construction Company Plywood Minnesota, Inc. Prestige Construction, Inc. Sheehy Construction Company The Sussel Company, Inc. Tuminelly, Inc. Heritage Builders Maplewood Sewer & Water Company Baars Plumbing & Heating Cedar Valley Heating & Air Conditioning Cronstroms Heating & Air Conditioning Del Air Conditioning, Inc. Eagan & Sons Company Frederickson Heating and Air Conditioning Mitchell Heating Andretta Brothers Findell Cement, Inc. Charles Zwinger, Inc. Anthony Plumbing Baars Heating & Plumbing Berghorst Plumbing & Heating Bohn Plumbing & Heating Buchman Plumbing & Heating Co. Dakota Plumbing Doody, Inc. Frantes Plumbing & Heating Co. Harkis Mechanical Contracting Maplewood Plumbing & Heating Nasseff Plumbing North Star Plumbing & Heating, Inc. Northland Mechanical Contractors Rascher Plumbing & Heating, Inc. Milton G. Smith 0.B. Thompson Plumbing Company Wenzel Plumbing & Heating, Inc. Midway Sign Company, Inc. Brede,_:Inc: General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Excavating License Heating License Heating License Heating License Heating License Heating License Heating License Heating License Masonry License Masonry License Masonry License Plumbers License Plumbers License Plumbers License Plumbers License Plumbers License Plumbers License Plumbers License Plumbers License Plumbers License Plumbers License Plumbers License Plumbers Licenee Plumbers License Plumbers License Plumbers License Plumbers License Plumbers License Sign Erecting License Sign Erecting License Councilman Schaberg seconded the motion. The Council acknowledged reciept of a letter from the Twin City Piping Industry regarding plumbing, water and sewer connections. The matter was referred to the City Attorney for,review and report on June 21. There being no further business to come before the Council, Councilman Wahl moved that the meeting be adjourned. Councilman Schaberg seconded the motion. AdillTIME OF ADJOURNMENT: 12:12 o'c o . fierka ' A AIurta- Robert G. Lockwood Mayor Radabaugh Cle -Treasure