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1998-01-20 Council minutesPage No. 1 January 20, 1998 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 20, 1998 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 Council that she would be absent. AGENDA ADOPTION Councilmember Krebsbach moved agenda as presented for the meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the January 6, 1998 regular meeting as amended. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item f, highway noise complaint, and item g, CAO 98 -01 (Fahey), to the regular agenda, agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for December. b. Acknowledgment of the Fire Department monthly report for December. c: Acknowledge Receipt of the Unapproved NDC4 December 17 and December 29 Meeting Minutes. Page No. 2 January 20, 1998 d. Authorization to acquire bids to purchase a Groundsmaster 580D mower with cab and snowblower with direction to request alternate bids for the trade -in of the existing Groundsmaster. Council also authorized staff to advertise for bids for the sale of the existing Groundsmaster, on the basis that the city reserves the right to reject any and all bids. e. Adoption of Ordinance No. 318, "AN ORDINANCE AMENDING ORDINANCE NO. 270," with respect to permits for recreational fires. f. Approval of the list of contractor licenses. g. Approval of the list of claims dated January 20, 1998 and totaling $1,352,115.20. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 BUNKERS HILLS Council acknowledged a letter from Mr. & Mrs. Frank Klein, HIGHWAY NOISE 1826 Valley Curve, regarding noise generated by I -35E traffic. COMPLAINT Council also acknowledged an associated memo from Public Works Director Danielson. Mayor Mertensotto directed the Public Works Director to follow up with Mn /DOT regarding the I -35E improvement listing, between Highway 13 and Highway 110, as 69th in priority. He requested staff to obtain information on when the study for this segment of highway was completed; what measurements were taken and at what time of day; the location where noise measurements were taken; the correlating traffic count at the time of measurement; what the magnitude of the noise is, and request any policy that resulted from the study. Mr. Danielson responded that he believes measurements were only taken on the west side of the freeway because the residential homes on the east side are greater than 350 feet from the highway and that falls outside of the test parameters. Councilmember Smith added that she would like to know the speed of traffic at the time the measurements were taken. She pointed out that if the measurements were taken during the morning rush hour, the volume is so great that the speed goes down to 25 mph and the Page No. 3 January 20, 1998 noise may not be as great at that time. She also asked whether they were done prior to the current improvements which have changed road conditions. She pointed out that Council has had complaints about the improvements because they cause tires to make a flapping sound. Councilmember Huber stated that the ground is higher on the east side of I -35E with an echo effect. He would like to know what the readings are, even though the houses are more than 350 feet distant. Councilmember Smith stated that the request for information to Mn /DOT should state that the even though the houses on the east are more than 350 feet from the highway, the conditions are such that the property owners are experiencing significant noise and Council would like that noise measured as well. FAHEY MODIFIED Mr. Tom Fahey, 979 Caren Road, stated that he is requesting a SITE PLAN, CAO 98 -01 building permit for two modifications to his home: 1) to put on a 5' x 26' addition on the back with an opening onto a deck; and 2) add an overhang, or portico, to deflect water runoff from the roof. Mr. Fahey answered that there will be no grade changes. A foundation for the addition will be only 5 feet in depth and the dirt that is removed will be used for backfilling. No dirt will be brought to the site. Councilmember Smith noted that the portico is an ornamental feature to the house and does not fall under setback conditions. Councilmember Smith moved to approve the critical area permit and authorize issuance of a building permit for the proposed house addition and portico. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 HEARING: EMERSON Mayor Mertensotto opened the meeting for the purpose of a public AVENUE STREET VACATION hearing on an application for the vacation of a portion of the Emerson Avenue right -of -way. Council acknowledged receipt of the petition from the Vitellis at 1334 Sylvandale and the Christensens at 1356 Clement for the City to vacate the Emerson Avenue right -of- way adjacent to their homes. Mr. Jack Vitelli explained that Mr. & Mrs. Christensen are out of state and could not attend the meeting. He described the area of Page No. 4 January 20, 1998 Emerson right -of -way which he would like vacated and stated that Emerson Avenue is not developable and has no utilities. Other portions of Emerson Avenue have been vacated by the City in the past. Councilmember Smith questioned whether the Council should review the entire area for possible vacation and whether an access easement should be retained. Public Works Director Danielson stated the right -of -way is low land and a portion to the east is being used for a ponding area. He explained that other portions of Emerson have been vacated in the past and it is staff's recommendation to retain a 20 -foot easement of 10 feet on either side of the center line of the road. He stated that the whole street is not developable and if it were to be developed there are no lots that could front on it. Mayor Mertensotto pointed out also that in vacation proceedings, vacated right -of -way reverts to the parcels from which it originally came. He informed Mr. Vitelli that if the land is vacated, there is no guarantee that he or Mr. Christensen will have clear title to it. Councilmember Huber stated that if the City vacates the right -of- way, he would like to make it clear that this action does not in any way imply approval for the two Christensen lots to develop as home sites. Even though the vacation and future lot development are two decisions, he does not want the Christensens to think the decision to vacate would imply that Council would grant approval any furure development of the Christensen property (Lots 6 and 7). Mr. Vitelli informed Council that the Christensen home and garage are on Lots 8 and 9 and the Christensen' interest in joining in the vacation is that Lots 6 and 7 are being surrounded and he has one possiblilty for selling them for development for a home. One is access down the alley and the other he is interested in is a potential driveway down the current right -of -way for Emerson. Mayor Mertensotto suggested continuing the public hearing, as the Christensens could not be present this evening. Action to vacate would preclude development on the two Christensen lots, as there would no longer be a public access, and he does not want the Christensen to be misled about the meaning of this action by the Council. He informed Mr. Vitelli that vacating the right -of -way will foreclose development of the two Christensen lots because there would be no access from a public roadway. Page No. 5 January 20, 1998 Councilmember Krebsbach added that the City would not want to create a flag lot. Mr. Vitelli stated that he would not be able to proceed with his plans for garage expansion through a variance process until the vacation is approved because the garage expansion design extends into the road right -of -way. Mayor Mertensotto stated that he would like the Christensens contacted and made aware of the Council's position because they may not then be in favor of this application. The Christensens would actually have a direct interest to see the street right -of -way remain as it is for access. City Attorney Hart added that the City is under no obligation to provide utilities, even on a public roadway, unless there is compensation for the cost. Mr. Vitelli agreed to contact Mr. Christensen and explain that Council is not at all supportive of a flag lot, that he would have to bear all of the costs for public improvements if the right -of -way is not vacated and Lots 6 and 7 are developed, and that the Council is concerned as to his ability to utilize Lots 6 and 7 for future development of a home because there would be not public access if the vacation is approved. Councilmember Huber moved to continue the public hearing to February 3, 1998. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97 -37 Council acknowledged receipt of the LCS Corporation's application LCS for a front yard setback variance. Mayor Mertensotto noted that the Planning Commission raised many questions regarding this application and denied it. When the application was previously before the Council, it was suggested that the applicant meet with staff to discuss aesthetic measures. However, nothing has been heard from the applicant. If the Council does not take action at this meeting, it is approved by default because the statutory time limit of 60 days for review will expire. That time limit cannot be extended without the applicant's consent. As the applicant was not present, he suggested denying the application and Page No. 6 January 20, 1998 waiving the six -month waiting period to reapply as well as a new application fee. Councilmember Huber moved adoption of Resolution No. 98 -05, "A RESOLUTION DENYING A 30' FRONT YARD SETBACK VARIANCE FOR 1480 SIBLEY MEMORIAL HIGHWAY FOR A BUILDING EXPANSION," along with waiver of the six -month reapplication period to allow the applicant to come back and reinstate his request for a variance without paying another application fee. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONVENT OF THE Council acknowledged receipt of the building permit application for VISITATION a new addition to the Convent of The Visitation School for a daycare school. Mr. Gary Ostberg stated that it is anticipated that an early childhood learning center will be completed by the end of the school year. The second phase of this project is to build a gym. Mayor Mertensotto stated that the City reserves the right to review and approve drainage plans as associated with the new construction. With the amount of soil stockpiled, the City will need to review drainage plans. Councilmember Krebsbach asked if anything symbolic of the school's history is included in the design. She noted that the name of the school goes back to monastery times in France in the 1600's. Mr. Ostberg stated that the school is interested in preserving that history, and at this time there is a brass recognition plaque. Councilmember Krebsbach asked if the early childhood center would look like the rest of the building. Mr. Ostberg responded that the addition will be compatible with the existing structure. It will have matching exterior materials and be a single story. Councilmember Krebsbach moved approval of the issuance of a building permit to the Convent of the Visitation School for an Early ~- Childhood Center, in accordance with the plans on file with the city Page No. 7 January 20, 1998 and subject to reviw and approval of the drainage plan by city engineering. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 PURCHASE OF MN/DOT Council acknowledged receipt of a memo from Treasurer PROPERTY Shaugnessy regarding a letter from MYi /DOT notifying the city that Mn /DOT has authorized sale of a land parcel at Highway 55 and I- 494 to the City and has valued the property at $50,000. At Mayor Mertensotto's recommendation, and the consensus of the Council, Councilmember Krebsbach moved to direct staff to prepare a resolution to be submitted to Mn/DOT expressing the City's affirmative intent to purchase excess roadway along Highway 55 and I -494, as designated on Parcel 218, subject to the City receiving the following additional information: 1. An official appraisal of the subject highway right -of -way, as well as any and all appraisals pertaining to this site in possession of Mn/DOT. 2. The City requests information on the number of easements the property is subject to, primarily NSP easements, but including any and all easements that are encumbered on the parcel. 3. Any reservation on the property should be disclosed. The City can only purchase the property subject to a title insurance policy being available. 4. Information on how the price of $50,000 was arrived at with the amount of income that the property is currently generating and under what conditions. The City requests to see any current lease in effect. If there is no lease, then the City requests confirmation that the property is free and clear from all rights. 5. Whether the railroad right -of -way is abandoned and whether the AT &T cell phone tower is exclusively on Parcel 218. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Krebsbach commended Mr. Moore and the faculty at Somerset School for the efficient school evacuation during the Page No. 8 January 20, 1998 recent gas leak in that area. A difficult situation was handled very well. Mayor Mertensotto noted claims submitted by West St. Paul and Inver Grove Heights Fire Departments for their assistance. The claims will be forwarded to NSP. He further stated that there is a 4- inch clay pipe line four feet below the surface, previously unknown to the City, that extends from Cherokee in West St. Paul to Wentworth Avenue. It may need to be stopped off to prevent gas getting into it. Councilmember Krebsbach requested that the Council receive a full report from the Fire Department on the status of this issue by the next Council meeting and also a report from NSP. Mayor Mertensotto noted that he and Councilmember Smith and City Administrator Batchelder will be meeting on January 28 to review applications from police chief candidates and select the top 10 candidates. He invited Councilmembers Huber, Krebsbach and Koch to submit supplemental questions. ADJOURN There being no further business to come before Council, Councilmember Huber moved to adjourn the meeting. Councilmember. Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:30 p.m. Kathleen M. Swanson City Clerk Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL January 20,1998 Asphalt Contractor License Pine Bend Paving Inc. Concrete/Masonry Contractor License A & B Cement Construction, Inc. Gresser Concrete/Masonry Valley Cement Co., Inc. Charles Zwinger Inc. Excavating Contractor License Final Grade Inc. Imperial Developers, Inc. J & D Enterprises of Duluth, Inc. Scherff, Inc. Gas Piping Contractor License Air Conditioning Associates, Inc. Bonfe's Plumbing & Heating Services, Inc. Controlled Air Fredrickson Heating & Air Conditioning Genz-Ryan Plumbing & Heating Co, Inc. Harris Companies Heights Mechanical Co., Inc. Judkins Heat & Air Cond., Inc. Lakeside Plumbing & Heating, Inc. Jim Murr Plumbing, Inc. R.H. Heating & Air Cond.,Inc. Rumpca Services, Inc. E.A.H. Schmidt & Assoc., Inc. Thermex Corporation Twin City Furnace Co, Inc. Yale, Inc. HVAC Contractor License Air Conditioning Associates, Inc. Controlled Air Fredrickson Heating & Air Conditioning Gartner Refrigeration & Mfg., Inc. Genz-Ryan Plumbing & Heating Co, Inc. Harris Air Systems Company Harris Companies Heights Mechanical Co, Inc. Judkins Heat & Air Cond., Inc. Kath Heating & Air Conditioning Midland Heating & Air Conditioning, Inc. Jim Murr Plumbing, Inc. R.H. Heating & Air Cond., Inc. Rumpca Services, Inc. E.A.H. Schmidt & Assoc., Inc. Thermex Corporation Twin City Furnace Co, Inc. Wenzel Heating & Air Cond. Yale, Inc. General Contractor License A-Doorable Garage Door Co. Fabcon, Inc. Friedges Drywall, Inc. Inglas, L.L.P. Kathy's Construction, Inc. Steve Niznik construction Nordic Insulation, Inc. Opus Northwest, L.L.C. Rutledge Construction Co. Sela Roofing Spancrete Midwest Company United Properties Construction Management Drvwall/Plaster/Stucco Contractor License K.M. Nelson Stuc'co Inc. Olympic Wall Systems, Inc. Pro Drywall, Inc. Charles Zwinger Inc. Landscape /Tree Service License Ciardelli Tree & Landscaping Rubbish Hauler License BFI Waste Systems of North America Inc. Kruppenny & Son's Disposal Service Inc. Mendota Heights Rubbish Service, Inc. Triangle Rubbish Service and Recycling United Waste Systems of MN, Inc. Waste Management of Savage MN