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1998-09-15 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 15, 1998 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:00 o'clock p.m. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Huber, Krebsbach and Smith. AGENDA ADOPTION Councilmember Huber moved adoption of the agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Dwyer moved approval of the minutes of the regular meeting held on September 1, 1998 as amended on Page 10, Paragraph 3, Sentence 1, change to read, ".. . safety is a first priority and if possible, she would support using the preferred plan . . ." Sentence 2, delete "a minimum number of" and replace with "some ". Page 5, Paragraph 3, Sentence 1, change to read "flag lot ". Page 25, Paragraph 1, Sentence 2, change "property" to "driveway". Paragraph 4, change to read, "Councihmmber Krebsbach did not feel the Council could approve Mr. Birch's driveway plan given his belief it will ruin the aesthetics of his property." Paragraph 5, change to read 15,000 claim ". Paragraph 6, delete Sentence 4. Page 27, delete Paragraph 3 and replace with "Councilmember Smith noted that the City has its own form of easement that it prefers to use and a market rate for use of the Mendota Heights water tower has been established." Paragraph 4, delete Sentence 1, and replace with "Councilmember Smith stated that aesthetics are important to the City and she would like to explore the best location and setting for the equipment. Change Sentence 2 to read, "She noted their plans. call for an encased mechanism surrounded by an 8 -foot i Page No. 2 September 15, 1998 chain link fence for security rather than a brick structure as has previously been used. " Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, with the exception of Item "h" along with authorization for execution of any necessary documents contained herein. a. Acknowledgement of the Treasurer's Report for August b. Acknowledgement of the Fire Department Report for August C. Acknowledgment of the September 8 Parks and Recreation Commission Minutes d. Acknowledge Receipt of an Invitation to the Affordable Housing Theater Production e. Authorization to Allow the Police Department to Place Abandoned and Unclaimed Property for Sale at the West St. Paul City Auction on October 10, 1998 f. Approval to Seek Bids for the Replacement of Light Fixtures at the Friendly Hills Hockey Rink g. Approval of RESOLUTION NO. 98 -71, "A RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE THE AREA REFERRED TO AS CHERRY HILL ADDITION AND SURROUNDING AREAS" (JOB NO. 9714, IMPROVEMENT NO. 99, PROJECT NO. 1) Page No. 3 September 15, 1998 h. THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR. Approval of Election Equipment Agreement Acknowledge Receipt of the Draft Chapters of the Comprehensive Plan j . Approval of the List of Contractors k. Approval of the List of Claims Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ELECTION EQUIPMENT Mayor Mertensotto noted he had previously expressed AGREEMENT concern that a provision be included in the Election Equipment Agreement to reflect the cities would pay their share of the actual cost of ongoing maintenance and insurance. ­T+z- Dakota County Attorney's office was agreeable to the recommended change. It was also noted the agreement does not require City reimbursement of insurance costs to the County. The County has decided to fully fund the insurance cost. Mayor Mertensotto stated it would be important to ascertain the insurance coverage the County is providing for the equipment as well as the limits involved with that coverage. Mayor Mertensotto pointed out the City is responsible for providing safe storage and proper handling of the equipment and, therefore, the equipment will be covered on the City's insurance policy and the City will incur costs in this regard. In checking with the County, a representative of the County Attorney's office stated the County will cover everything with the exception of negligence. Attorney Hart noted his agreement and explained there is an Page No. 4 September 15, 1998 express obligation contained in this agreement that the City to store and maintain the equipment properly. Mayor Mertensotto did not feel the equipment should have to be covered on the City's policy and that the County should insure the equipment for all purposes. He stated he would like to see a final agreement prior to taking action on this matter. PUBLIC COMMENTS None CASE NO. 98 -22: Council acknowledged the memo of Public Works Director JOHNSON PRELBUNARY James Danielson relative to the request of Dale Johnson for PLAT AND VARIANCES preliminary plat and variances for a five lot subdivision on Alice Lane. Mr. Johnson was in attendance to speak with the Council. Mr. Johnson reviewed several grading plans for the Council and stated in order to save the black walnut trees he will have to utilize the plan reflecting the longer cul -de -sac. Mayor Mertensotto noted he has visited the site and questioned how the water drains in this area. Mr. Mogan explained the water sheets towards the houses and the house drainage then drains the water around the houses to the street. Mayor Mertensotto questioned where the water drains. Mr. Mogan stated it is part of the park drainage. Mayor Mertensotto stated consideration will need to be given to how drainage will be handled in this area. He noted Mr. Egan's plans reflect from the east side of the cul- de -sac toward the back of Lot 2 there could be as much as a 22 -foot drop. Mayor Mertensotto stated trees are not the issue in this matter. He stated for safety and snow removal purposes, a cul -de -sac or street would not be constructed at an angle. Mayor Mertensotto explained the roadway must be placed ideally so that it serves in the best way possible and also meets the criteria established by the City. Mayor Mertensotto noted his belief an extensive grading Page No. 5 September 15, 1998 plan will be required in order to accommodate drainage in this area. He did not feel the water drainage situation has been solved and stated the City should not permit any development to occur without knowing where the storm water is going to drain. Mr. Johnson stated drainage can be accommodated through the use of gutters on the homes. In addition, the homes will be tilted toward the cul -de -sac to assist in drainage. Councilmember Krebsbach inquired relative to the role of Mr. Egan and the grading plans which he submitted. She also asked Mr. Johnson which plan he is proposing at this point. It was noted Proposal No. 2 represents the long cul- de -sac and this is the proposal which Mr. Johnson proposes to utilize. Councilmember Dwyer pointed out this plan has been approved by Public Works Director Jim Danielson as well as Fire Chief Maczko. He stated since they have given their approval, he feels confident the drainage issues have been addressed. Councilmember Krebsbach stated she visited the property and expressed appreciation to Mr. Johnson for supporting the use of the long cul -de -sac. Councilmember Dwyer inquired whether he is correct in assuming there are no problems with the grades reflected in Proposal No. 2. Mr. Mogan noted this to be correct. Jeff Lory, Rogers Court, stated he lives behind Lot No. 2 and he asked whether the grading relative to Alice Lane and the cul -de -sac as well as the drainage into Alice Lane is sufficient. Mr. Mogan stated it is the same as it relates to Mr. Lory's property regardless which plan is used. Mr. Lory questioned whether he can be assured his basement will be dry in a storm in the future if it is dry in a storm today. Mr. Mogan pointed out Mr. Johnson intends to direct the roof drainage toward Alice Lane and away from Mr. Lory's property. Page No. 6 September 15, 1998 Mayor Mertensotto noted this issue of drainage could be addressed through a Developer's Agreement. He inquired whether such an agreement could control the development of any structure on the property that becomes a covenant of the lot such that the drainage is directed from the rear of the house into the cul -de -sac. Attorney Hart explained this would be possible. Mr. Johnson stated he will control the construction of the homes as well as the drainage. He stated he would be in agreement with a Developer's Agreement relative to this issue. Mayor Mertensotto inquired whether there is a designated wetland in this area. Mr. Mogan verified there is not. Attorney Hart cautioned any time there is development of upper gradient land, there will be some impact on the low grade land, therefore, the City cannot guarantee there will be no impact. The City will do a responsible, professional job in attempting to divert the water to minimize any impact on the lower gradient lands. Councilmember Dwyer pointed out the applicant must have an opportunity to develop the property in a reasonable manner. He stated the City is not entering into a guarantee, however, the City will operate in a reasonable manner. Councilmember Smith commented she also visited the property. She noted her understanding Mr. Johnson does not intend to clear cut the property, but to essentially just clear an area for the house pad and a small surrounding area. She pointed out there is no way Mr. Johnson can know what a future home owner will want to do with the land. Councilmember Smith stated typically the standard for planning a new development is that there will be no additional run off to surrounding areas. She noted drainage can be rerouted in certain ways, but typically the amount of run off should not increase and a grading plan should accommodate whatever additional run -off may be produced. Page No. 7 September 15, 1998 Mr. Mogan explained the rate of run off is controlled by predevelopment conditions and the volume is increased to a body of water or an adjacent property whenever a hard surface is constructed. Mr. Mogan explained if there are changes in the future, a detention area could be created which would restrict the run- off rate from one property to another. He noted this is not a difficult task. Councilmember Krebsbach moved adopting RESOLUTION NO. 98 -72, "A RESOLUTION APPROVING A PRELIMINARY PLAT FOR A FIVE LOT SUBDIVISION ON ALICE LANE UNDER CERTAIN CONDITIONS" conditioned on Proposal No. 2 locating the extension of Alice Lane and the radius of the cul -de -sac; the finished street and the grade of the cul -de -sac and submission of a grading plan; a covenant to provide for drainage from all sides of the improvement to the cul -de -sac. Councilmember Dwyer seconded the motion. Mr. Egan was in attendance and stated the grading as shown in Proposal No. 2 depicts grading onto his property and he requested permission to work with Mr. Danielson on this matter. Mr. Egan noted there are two black walnuts in the 10 and 12 -inch range on the developer's property located approximately 10 feet from the property line. Mr. Egan stated the grading plan shows revised grades through the walnut trees and he would like to see if they can be saved. Mr. Johnson explained every effort will be made to save those trees. Mr. Egan stated he is otherwise in agreement with this plan. Mayor Mertensotto suggested a condition the actual site grading take into account the two existing walnut trees located directly north of the Egan property. An addition condition will be included allowing Mr. Egan the opportunity to work with Mr. Danielson relative to the drainage plan. Page No. 8 September 15, 1998 Councilmember Krebsbach stated she is in agreement with the amendments to the motion. Councilmember Dwyer seconded the amendments. Brent Ryland, 2229 Alice Lane, expressed his appreciation to the Council for their consideration and the time which has been spent on this matter. Mr. Johnson thanked the Council for their diligence in handling this matter. Ayes: 5 Nays: 0 COUNCIL COIVIL MNTS Mayor Mertensotto explained he has learned the Code Enforcement Officer has denied a Certificate of Occupancy to the Education Center which the Council approved for the Mendota Plaza Shopping Center. The Code Enforcement Officer has required the Center to add two restroom facilities, noting the Center will not receive a Certificate of Occupancy until this has been done. Mayor Mertensotto expressed concern an employee of the City would override a decision of the Council. Attorney Hart explained the State Building Code is a minimum standard and the question becomes one of interpretation in this case. He pointed out the Council made a reasonable interpretation and the Code Enforcement Officer disagreed with that interpretation. Mayor Mertensotto requested the Code Enforcement Officer meet with the Council at an upcoming workshop to discuss this matter. ADJOURN There being no further business to come before the Council, Councilmember Huber moved adjourning the meeting. Councilmember Smith seconded the motion. ATTEST: Charles E. Mertensotto, Mayor Page No. 9 September 15, 1998 TIME OF ADJOURNMENT: 9:10 p.m. KAthleen M. Swanson City Clerk Prepared by Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc.