1997-07-01 Council minutesPage No. 1
July 1 1997
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 1, 1997
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Councilmember Koch had
notified the Council that she would be absent. Councilmember Krebsbach had notified Council she
would be late and arrived at 7:40 p.m.
AGENDA ADOPTION Councilmember Huber moved adoption of the revised agenda for the
meeting.
Councilmember Smith seconded the motion.
Ayes: 3
Nays: 0
i 1
APPROVAL OF MINUTES Council tabled action on the minutes of the May 20, 1997 and June
17 meeting.
CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for
the meeting, revised to move item k, Tempco, to the regular agenda,
along with authorization for execution of any necessary documents
contained therein.
a. Acknowledgment of the minutes of the June 14, 1997 Planning
Commission meeting minutes.
b. Acknowledgment of the Building Activity report for June.
c. Acknowledgment of correspondence regarding MCTO transit
redesign.
d. Acknowledgment of the unapproved minutes of the June 4, 1997
NDC4 commission meeting.
e. Acknowledgment of the Metropolitan Airport Commission's
1996 Report to the Public.
Page No. 2
July 1 1997
f. Approval of the issuance of purchase orders to BDS Laundry
Equipment and Dakota Plumbing & Heating, for $4,385 and
$770 respectively, for the purchase and installation of a washing
machine and associated plumbing for the Fire Department.
g. Authorization for the purchase of a computer and backup
equipment for the fire station for an amount not to exceed
$3,500.
h. Authorization to retain Blake Davis to prepare an appraisal for a
trail easement over the Tom Thumb property in conjunction with
the Dodd Road improvement project.
i. Approval to use Municipal Development Network, Inc. to assist
in preparation of the Tax Increment District annual reports,
newspaper notice and submittal.
j. Rejection of a request to participate in the MFRS Cooperation
Program for affirmative action.
k. Adoption of Resolution No. 97 -29, "A RESOLUTION
AUTHORIZING CITY APPROVAL OF MNDOT
AGREEMENT NO. 76514," (EVP).
1. Approval of the probationary appointment of Police Officer Jeff
Piotraschke to the position of Sergeant effective July 1, 1997.
m. Approval of the List of contractor licenses dated July 1, 1997 and
attached hereto.
n. Approval of the List of Claims dated July 1,1997 and totaling
$237,218.28.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
RECESS A recess was called at 8:10 due to severe weather conditions and loss
of electrical power. The meeting was reconvened in the upper level
lobby at 8:45 p.m.
TEMPCO Council acknowledged a memo from Code Enforcement Officer
Berg regarding a request from Tempco Manufacturing for approval
of a building permit for exterior building modifications at its facility
Page No. 3
July 1 1997
at 2475 Highway 55. Representatives from Tempco were present for
the discussion.
Tempco representatives discussed with Council what can be done
architecturally to improve the appearance of the addition and city
participation in that architectural review. Discussion and action on
the issue was tabled to July 15.
CABLE SYSTEM EQUIPMENT Ms. Judy Skeie -Voss was present to inform Council on two pieces of
equipment which are available to the city. A video visualizer, which
allows full color projection of images via a large screen television
monitor, and a video projector, which allows large screen display of
video, still -life and computer generated images. She explained that
the visualizer will remain at the city for use by city staff or for city
related purposes, and that the video projector is available for check-
out from NDCTV to all NDC4 member cities. She stated that she
will research the costs for wiring for a monitor in the City Hall
lobby.
Ms. Skeie -Voss informed Council that she had hoped to run a video
tape of highlights of NDC4 coverage of Mendota Heights, but
would be unable to do so because of the lack of electrical power.
She expressed appreciation to Council for the city's support for
Insight 7.
BID AWARD, T.H. 110 Council acknowledged a memo from Engineer Mogan along with
FRONTAGE ROAD a tabulation of bids received for the T.H. 110 South Frontage Road
and Pine Creek Estates improvements.
Engineer Mogan explained that the two projects can be separated but
the way the bid document was structured, the low bid was based on
the combined cost of the projects.
Mayor Mertensotto pointed out that if the Pine Creek Estates project
is approved, $55,000 of the costs would have to be carried by the city
until the Ridder property develops, and the city cannot do that.
Engineer Mogan stated that the bid for Pine Creek Estates is $79,000
and the developer was anticipating an assessment of only $12,000 to
$13,000 per lot, and two lots could be assessed and the city would
carry the balance. He explained that it is a difficult situation because
the groundwater is high and on -site systems are not possible. He
stated that the two Pine Creek Estates lots are buildable now and the
developer has expressed an interest in a third lot in the future. He
informed Council that he does not know if the improvements costs
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July 1 1997
would come down if the project is delayed and combined with
another project in the future.
There was discussion over the possibility of splitting the Pine Creek
and T.H. 110 projects.
Engineer Mogan stated that when the superblock does develop, the
proposed project is the best way to serve the area with utilities. He
also informed Council that the developer has someone who wants to
buy one of the lots.
Mayor Mertensotto responded that the does not think there is any
justification for the city to carry $50,000 of the cost plus overhead.
He pointed out that the city has no obligation to open lots for
development and then carry the cost . He stated that most cities
would require the developer to pay the entire cost if he wants the
improvements.
Councilmember Krebsbach stated that this is a major decision
because it brings sewer in to develop the superblock and it is
bundled with the frontage road.
Councilmember Huber stated that installing the improvements will
not make the superblock develop faster or slower, because the
Ridders control the property. He asked if any of the cost is driven by
the fact that there is oversizing to serve the superblock or if the
developer of Pine Creek can come back and ask that the project be
re -bid to serve only his land.
Engineer Mogan responded that there is a practical difficulty,
because for the developer to serve the lots he would need a minimum
4" service to get service into the sanitary sewer and the sewer is not
at an appropriate elevation for a 4" service. He explained that any
service that was constructed across Dodd would have to be augured
across Dodd and that cost will not go away.
Councilmember Krebsbach stated that she is against the proposal
because it has a larger impact than just to serve the lot split.
Councilmember Smith raised the issue that the Ridders would have
to pay the interest on the unassessed cost in the future and that would
be more expensive than any increase in the project costs.
It was the consensus to split the project to do the frontage road and
not award the contract for Pine Creek Estates.
Page No. 5
July 1 1997
Attorney Hart stated that it must be understood by the contractor that
the Council is not going to take any action on Pine Creek Estates and
that it must be made clear to the contractor that his bid for $79,000 is
still on the table.
Councilmember Huber moved adoption of Resolution No. 97 -30,
"RESOLUTION ACCEPTING BIDS FOR SANITARY SEWER,
WATERMAIN, STORM SEWER, AND STREET IMPROVE-
MENTS TO SERVE PINE CREEK ESTATES, JOB NO. 9304,
IMP. NO. 93-1 & T.H. 110 S. FRONTAGE RD, JOB NO. 9610,
IMP. NO. 96-2, S.P. 1918 -98, AND AWARDING CONTRACT
FOR T.H. 110 S. FRONTAGE ROAD," awarding the frontage road
portion of the contract conditioned that the Pine Creek Estates bid be
left open for a period of at least 45 days, at which time the city can
elect to either delay the 45 day deadline or accept or reject the
project.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 97-13, DALSETH Council acknowledged an application from Mr. Phil Dalseth for a
wetlands permit to allow construction of a three season porch and
deck to within 22 feet of the edge of a ravine at the rear of his
property at 664 Maple Park Drive. Council also acknowledged
related staff reports. Mr. Dalseth was present for the discussion.
Mr. Dalseth explained that he is proposing to add a 166 square foot
three season porch to home, with a walkway around it, and a deck to
the north of the porch.
It was noted that letters of consent have been submitted by the
adjoining property owners.
Councilmember Smith moved adoption of Resolution No. 97 -31, "A
RESOLUTION GRANTING A WETLANDS PERMIT TO THE
DALSETHS FOR A HOME ADDITION."
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 97 -15, LENTZ Council acknowledged an application from Mr. Tom Lentz for a five
foot front yard setback variance to allow expansion of his existing
garage at 2236 Apache Street. Council also acknowledged
associated staff reports. Mr. Lentz was present for the discussion.
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July 1 1997
Mr. Lentz informed Council that he is planning to construct a garage
and family room addition. He reviewed the plans for Council,
explaining that the existing garage would be extended forward six
feet and there would be a single garage addition to the existing
double garage.
Councilmember Smith pointed out that this is a unique situation
because the configuration of the house allows the proposed
expansion without sideyard setback variances and the applicant is
only requesting a five foot front yard setback variance for a six foot
building extension. She stated that Council has allowed variances to
extend double garages in the past and in this case, the applicant can
extend the garage and add a single garage and family room without
any additional variances and without any impact on the sideyard.
She asked Mr. Lentz if the exterior finish will match the existing
siding on the home.
Mr. Lentz responded that he will match the addition to the existing
finish as closely as possible at the present time and that he plans to
do some additional brick work on the front of the house and hopes to
put some kind of maintenance free siding on the entire structure at
some time in the future.
Councilmember Krebsbach pointed out that Mr. Lentz has received
the written approvals of eleven neighbors.
Councilmember Krebsbach moved adoption of Resolution No. 97-
32, "A RESOLUTION APPROVING A FRONT -YARD SETBACK
VARIANCE FOR 2236 APACHE STREET FOR A GARAGE
ADDITION," with the condition that the exterior materials match the
existing home.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 97-14, SCHAEFER Council acknowledged an application from Mr. Lou Schaefer, 1669
Lilac Lane, for lot subdivision to allow a reconfiguration of his back
property line. Council also acknowledged related staff reports. Mr.
Schaefer was present for the discussion.
Mr. Schaefer explained the proposal for Council, stating that he
would like to acquire 1,440 square feet of property from his neighbor
(Lot 23, Block 1, Tilsen Highland Heights Plat 2) to add to his
property. He explained that Lot 23 is slightly under the required
15,000 square foot lot size now and will be smaller, but that his lot,
Page No. 7
July 1 1997
which is also under the required minimum, will exceed 15,000
square feet. He informed Council that if the lot reconfiguration is
approved, he plans to construct a six foot tall wooden fence on the
new property line to enclose his entire back yard for his existing
swimming pool.
There was discussion over the Planning Commission's request that
Mr. Schaefer donate a portion of the front of his lot to the city for
Lilac Lane street right -of -way.
Councilmember Krebsbach moved adoption of Resolution No. 97-
33, "A RESOLUTION GRANTING AN APPROVAL TO
RECONFIGURE THE LOT LINE BETWEEN 1669 LILAC LANE
AND 1675 LILAC LANE," subject to the applicant providing the
city with an easement, if necessary, for road maintenance and snow
storage.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 97-17, UNITED Council acknowledged an application from the Mendota Heights
CHURCH OF CHRIST United Church of Christ for lot reconfiguration to allow the church
to transfer ownership of 1.97 acres of land to the Dodge Nature
Center (DNC). Council also acknowledged associated staff reports.
Mr. Carl Baumeister was present on behalf of the church.
Mayor Mertensotto suggested that Dodge Nature Center give the
church some land so that the church has better access to its new hall.
He asked felt that the nature center should remove an existing
foundation and the old barn that is on its property.
Mr. Baumeister responded that it would be nice to have an additional
20 or thirty feet. He stated that the church has a is a fairly wide now
that is all on nature center property and that the church has discussed
with the nature center the possibility of acquiring that property. The
DNC director had informed them that the DNC's five year plan is to
construct a visitor center and put the parking lot right next to the
church's lot to minimize problems. He further stated that he has
received pressure from members of the congregation to get some
property from DNC, but at this point the two acres the church hopes
to sell to DNC will provide needed funding which is needed because
construction costs on the church expansion are going up faster than
money can be raised. He explained that the church does not need the
property, which is not suitable for parking, and the DNC does need
it. He stated that he would not mind that removal of the barn be a
Page No. 8
July 1 1997
condition of city approval because that is already planned by DNC
and if there is any way to word the approval to encourage DNC to
give the church some property he would also appreciate it, but he
would not want anything to happen that would result in termination
of the sale of property to DNC.
Mayor Mertensotto suggested that the matter be continued for at
least thirty days because Council is concerned that the church does
not have public access on its own property and there is property
available to the east that would give access to the existing frontage
road. He ft rther stated that there is an old foundation and a barn on
the nature center property that serve no purpose and Council would
like them addressed.
After discussion, Councilmember Huber moved to continue the
matter to August 5 to allow the church representatives to discuss
Council's concerns with the nature center.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
PLANNING WORKSHOP Council acknowledged a memo from Assistant Hollister regarding an
invitation to attend the Planning Commission cellular/PCS workshop
on July 22.
Councilmember Smith indicated that she would attend the workshop
but would need a substitute to attend the MASAC meeting that
evening.
Mayor Mertensotto stated that he would attend the MASAC meeting.
He informed Council that an adjourned or special meeting would
need to be called if more than two Council members plan to attend
the workshop, and he asked that the Council members be prepared at
the July 15 meeting to indicate whether they plan to attend the
workshop.
AIR NOISE Council discussed a draft letter from Mayor Mertensotto to the MAC
P &E Committee.
Councilmember Smith moved to direct the Mayor to forward the
revised letter to the P &E Committee.
AUDIT Council acknowledged receipt of the city's Annual Financial
Statement for 1996.
Page No. 9
July 1 1997
ADJOURN There being no fiuther business to come before the Council,
Councilmember Huber moved that the meeting be adjourned.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 10:30 o'clock P.M.
Kathleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
July 1, 1997
Concrete /Masonry Contractor License
General Concrete & Masonry
General Contractor License
B & B Sheetmetal & Roofing, Inc
Opus Corporation
Landscape /Tree Service Contractor
Green Acres Nurseries