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1976-04-06 Council minutesPage 649 April 6, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 6, 1976 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights was held at 8:00 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Huber called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Huber, Councilmen Gutzmer, Lockwood, Losleben and Wahl. MC DONALD'S Ayes: 5 Nays: 0 APPROVE MINUTES Ayes: 5 Nays: 0 The Council acknowledged receipt of a letter from the McDonald's Corporation requesting a six-month extension on their building permit. Mr. Richard Engstrom, representing McDonald's, explained that the building site is not reqdy yet, the extension of time on the permit is necessary. After a brief discussion, Councilman Wahl moved that the McDonald's building permit be extended for six months. Mayor Hither seconded the motion. Councilman Lockwood moved approval of the minutes of the March 16 meeting as corrected. Councilman Wahl seconded the motion. BID AWARD The Council acknowledged receipt of a tabulation cif bids for IMPROVEMENT NO. 74 the Clement/Vandall area improvements. Engineer Kishel PROJECT NO. 8 recommended that the bid be awarded to Fischer Sand and Aggregate the low bidder. Mayor Huber moved the adoption of Resolution No. 76-17, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENTS TO SERVE THE CLEMENT/ VANDALL AREA (IMPROVEMENT NO. 74, PROJECT NO. 8)," awarding the bid to Fischer Sand and Aggregate in the amount of $280,351.50. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 BID AWARD The Council acknowledged receipt of a tabluation of bids IMPROVEMENT NO. 74, received for the Lexington Highlands Additions improvements. PROJECT NO 3 Engineer Kishdl recommended that the bid be awarded to Orfei and Sons, the low bidder. Councilman Lockwood moved the adoption of Resolution No. 76-18, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS TO SERVE THE LEXINGTON HIGHLANDS ADDITIONS AND ADJACENT AREAS (IMPROVEMENT NO. 74, PROJECT NO. 3)," awarding Ayes: 5 Nays: 0 MISCELLANEOUS FINAL PLAT Ayes: 5 Nays: 0 SHEEHY -- SITE PLAN Ayes: 5 Nays: 0 Page 650 April 6, 1976 the bid to Or'fei and Sons in the amount of $497,129.68. Councilman Losleben seconded the motion. City Financial Advisor Larry Shaughnessy was present to advise the Council briefly on financial matters. He distributed copies of a memo on 1976 financing considerations. The Council directed that the matter be placed on the agenda for the April 20 meeting. Mr. Carroll Small was present to request approval of the Carroll F. Small Addition final plat. Mr. Del Schwanz, surveyor for Mr. Small, noted that there has been one major change from the preliminary plat. He noted that the route of Summit Lane has been changed to reflect a revision suggested by the City Engineer. After a brief discussion, Councilman Wahl moved that the final plat be approved and that the proper City officials be authorized to sign the plat and the developer's agreement for the Carroll F. Small First Addition. Councilman Gutzmer seconded the motion. Mr. Richard Sheehy was present to request approval of a revised site plan for his property (the McDonald's site). He indicated that the site has been moved to the east to accommodate less steep slopes around the ponding area, but that all other aspects of the originally approved site plan are the same in the new plan. The site has been extended easterly seventy feet. Mr. Sheehy has indicated that he has received permission from the Minnesota Highway Department to locate a portion of the pond on MHD property. The Council expressed concern on the maintenance of the pond, noting that the maintenance will be Mr. Sheehy's responsibility. They again pointed out to Mr. Sheehy that when the final plat is prepared, the ponding area must be included in the lot on which the shopping center property is located, i.e, the property must be divided into two lots, one containing the McDonald's site, and the other containing the shopping center and ponding area sites. Mr. Sheehy stated that he would plat the property in accordance with this direction. The Council also discussed the necessity for performance bonds for development of the site and pond maintenance. Councilman Losleben moved adoption of Resolution No. 76-19, "RESOLUTION RESCINDING RESOLUTION NO. 75-45, AND GRANTING CONDITIONAL USE PERMIT TO SHEEHY CONSTRUCTION COMPANY TO FILL SITE AND CONSTRUCT SEDIMENTATION POND. Councilman Wahl seconded the motion. PAGE 651 April 6, 1976 MISCELLANEOUS The Council tabled the discussion of trails to the April 20 meeting. PETITION Ayes: 5 Nays: 0 The Council acknowledged receipt of a petition from Robert L. Pope requesting public improvements to serve the Buril and Holmes Subdivision. Councilman Gutzmer moved the adoption of Resolution No. 76-20,- "RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON IMPROVEMENTS." Councilman Lockwood seconded the motion. PETITION The Council acknowledged receipt of a petition from Jerome H. McGough requesting public improvements to serve his plat. After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 76-21, "RESOLUTION DECLARING ADEQUACY OF PETITION ND ORDERING PREPARATION OF REPORT ON IMPROVEMENTS." Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 CORRESPONDENCE The Council acknowledged receipt of the Association of Metropolitan Municipalities Legislative Briefs and Announcements. RAMSEY COUNTY PARK Ayes: 5 Nays: 0 PARK COMMISSION PLANNING COMMISSION The Council acknowledged receipt of a pamphlet from the Minnesota Highway Department on highway development. The_Council acknowledged receipt of a letter from the Ramsey County Open Space System requesting that the Council approve acquisition of Lots 6 and 7, Auditor's Subdivision No. 4 and Lots 1-30, Block 11, Ivy Hill Falls Addition. After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 76-22, "RESOLUTION APPROVING RAMSEY COUNTY ACQUISITION." Councilman Lockwood seconded the motion. The Council noted that the following had been elected as officers of the Park and Recreation Commission for 1976: Kevin Howe, Chairman; Maddy Shipman, Vice-Chairperson; Elizabeth Witt, Secretary. The Council acknowledged receipt of the Planning Commission minutes for March 23, 1976. CASE NO. 76-2, Mayor Huber opened the meeting for the purpose of a hearing on FAHEY an application for conditional use permit to construct a ten-foot high fence around a tennis court at 1709 Lansford Lane. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 72a, FAHEY Ayes: 5 Nays: 0 CASE NO. 76-1, ALLEN Page 652 April 6, 1976 Administrator Johnson noted that hearing notices had been mailed to all owners of property located within 350 feet of the subject property. He also noted that a conditional use permit is required for any fence which exceeds the ordinance requirements. Mr. Fahey stated that he is planning to construct a tennis court in his rear yard and would like to construct a 10 foot high green vinyl coated fabric fence, mounted on metal posts, around the court. The Council asked several questions about the location of the court, possible site obstructions which might affect Lansford Lane or Bachelor Avenue, and lighting. Mr. Fahey explained that because of the current land characteristics, the tennis court will not present any site obstructions, and that he has no plans for lighting the court at the present time. There being no further questions or comments, Mayor Huber moved that the hearing be closed. Councilman Losleben seconded the motion. The hearing was closed at 9:15 o'clock P.M. Councilman Gutzmer moved the adoption of Resolution No. 76-23, "RESOLUTION APPROVING CONDITIONAL USE PERMIT." Councilman Losieben seconded the motion. The Council also noted an application from Mr. Fahey for subdivision of property. Mr. Fahey stated that the subdivision approval would enable him to add 5 feet to his westerly property line so that this property can more easily accommodate the tennis court construction. The Council briefly discussed the matter. Councilman Wahl moved approval of the application for subdivision of property. Mayor Huber seconded the motion. Mr. William Allen was present to request approval of his application to subdivide his property located at 900 Wagon Wheel Trail into two lots. Mr. Allen explained the site plan for the proposed subdivision. Members of the Council and audience questioned the necessity for setting the 100 foot frontage (building line) back 50 feet from the front of the property on the new lot, while the front of the property is only proposed to be 80 feet wide. City Planner Dahlgren was present, and explained the rationale involved. The Council also acknowledged receipt of a petition in objection to the subdivision submitted by owners of property near the subject property. Page No. 653 April 6, 1976 After a lengthy discussion, Mayor Huber moved approval of the subdivision of Lot 17, Linden Addition. Councilman Lockwood seconded the motion. Ayes: 3 Nays: 2 Losleben Wahl RECESS Mayor Huber called a:,.xecess at 9:55 o'clock P.M. The meeting was readjourned at 10:03 o'clock P.M. CASE NO. 75-12, Mr. James Riley was present to discuss the preliminary plat for RILEY the Ivy Falls West Addition. Mr. Riley explained the history of the proposed plat. City Planner Dahlgren outlined his report and possible platting schemes for the property, each showing possible accesses for the Logan property. Mr. Dahlgren made special note of the drawings recommended by the Planning Commission (Scheme 2) which provided for the stubbing of the north/south street at the Logan property, and the drawing (Scheme 3) which showed the north/south street ending in a cul-de-sac within the Riley plat. The Council discussed the matter with Mr. Riley and Mr. Logan at length. RECESS Mayor Huber called a recess at 11:00 o'clock P.M. The meeting was readjourned at 11:13 o'clock P.M. Ayes: 5 Nays: 0 MISCELLANEOUS Mayor Huber pointed out that if the Council decided to arrive at a conclusion at the meeting, there would only be two options: approve Scheme 2 or Scheme 3. The Council determined that the parties involved should study the City Planner's report and recommendations prior to a Council decision. Councilman Gutzmer moved that the matter be tabled to the April 20 meeting. Mayor Huber seconded the motion. The Council acknowledged receipt of the proposed Wetlands Systems Ordinance and Shoreland Ordinance. Discussion on the proposed ordinances was tabled to the April 20 meeting. Mr. Thomas Adkins, 554 Junction Lane, was present regarding the future northeast area improvements. Mr. Adkins asked several questions regarding construction details, and the Council directed the Public Works Inspector to contact Mr. Adkins to answer any questions he might have. TAX FORFEIT The Council acknowledged receipt of a memo from the City PROPERTY Administrator regarding classification (as non-conservation) of two parcels located in Mendota Heights. The tax-forfeit parcels are: Parcel No. 27-02400-070-075, located on Marie Avenue, and Parcel No. 27-03400-010-77, located on Mendota Heights Road and T.H. 55. Page 654 April 6, 1976 A discussion on the matter was tabled to April 20. The Council also briefly discussed the acquisition of a tax - forfeited parcel of land located at the end of Spritxg Street, Parcel No. 27- 42100 - 050 -07. City Administrator Johnson recommended that the Council request that the property be classified as conservation land and that the parcel be transferred to City ownership. Councilman Wahl moved the adoption of Resolution No. 76 -24, "RESOLUTION REQUESTING TRANSFER OF TAX FORFEIT PROPERTY," Mayor Huber seconded the motion. Ayes: 5 Nays: 0 TASK FORCE The Council briefly discussed the Task Force Committee COMMITTEE recommendations on public works facilities. It was noted that the committe e indicated a willingness to begin a site selection recommendation process. The Council expressed appreciation to the committee members for their work. Ayes: 5 Nays: 0 COUNTRY CLUB MARKET Councilman Gutzmer moved that the Task Force Committee be directed to begin evaluating sites for the public works garage based on a map to be prepared by the City Administrator. Councilman Losleben seconded the motion. Councilman Losleben reported on the progress of his negotiations with Country Club Markets on their advertising sign. The Council discussed the matter at length, but took no action. FEASIBILITY REPORT Engineer Kishel presented a feasibility report for proposed improvements to serve the Buril and Holmes Addition. He noted that the report recouunends that if approved, the project be done as a change order to the Lexington Highlands Addition improvements. The Council discussed the matter at length. Ayes: 5 Nays: 0 MISCELLANEOUS Mayor Huber moved the adoption of Resolution Na. 76 -25, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF STORM SEWER AND STREET IMPROVEMENTS AND OF AN EXTENSION TO THE CITY'S SANITARY SEWER AND WATER SYSTEMS TO SERVE THE BURIL AND HOLMES ADDITION AND ADJACENT AREAS," the hearing to be held on May 4. Councilman Losleben seconded the motion. Mr. Robert Pope, representing the developers, requested that the City give some consideration for reduction of the park contribution for the plat as a result of the additional street dedication on the plat. The Council directed the City Administrator to negotiate with Mr. Pope on park donation. The Council acknowledged receipt of a proposed ordinance on special assessment deferments for senior citizens. The matter was tabled to April 20. ELECTION JUDGES Ayes: 5 Nays: 0 BOARD OF REVIEW Ayes: 5 Nays: 0 Page 655 April 6, 1976 Councilman Losleben moved approval of the list of election judges for the April 10 special election on County government options. Mayor Huber seconded the motion. Mayor Huber moved that the annual Board of Review be held on June 22, 1976. Councilman Wahl seconded the motion. ENGINEERING STATUS The Council acknowledged receipt of the Engineering Status REPORT Report for March, 1976. LIST OF CLAIMS Ayes: 5 Nays: 0 ACQUISITION OF PROPERTY Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 Councilman Losleben 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, April-_6-, 1976-, 'having been audited by the City Council be and are hereby allowed and the Mayor and Clerk-Treasurer are hereby authorized and directed to issue City checks in payment of said claims. Mayor Huber seconded the motion. Councilman Wahl moved the adoption of Resolution No. 76-26, "RESOLUTION AUTHORIZING PURCHASE OF BOLSTAD/SHELDON PROPERTY." Councilman Lockwood seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Minnesota Package Products Melroy Construction, Inc. Curry Construction Northland Mechanical Contractors, Inc. Backdahl & Olson :Plumbing Company Northland Mechanical Contractors, Inc. General Contractor License General Contractor License General Contractor License Plumbing License Plumbing License Heating License Councilman Losleben seconded the motion. MISCELLANEOUS Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 656 April 6, 1976 Mayor Huber moved that the building permit application submitted by Langer Construction Company for corrections to be made on the Lee's Floor and Janitor Company Building be approved. Councilman Losleben seconded the motion. There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 12:50 o'clock A.M. dabaugh4 // Clerk Treasurer ATTEST: Donald L. Huber Mayor