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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 Page No. 4 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. Page No. 6 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