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1993-10-05 Council minutesPage No. 3777 , 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 5, 1993 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, 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, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the September 21, 1993 regular meeting as amended. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to move item 5e (Tharaldson) to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 28 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for September. C. Adoption of Resolution No. 93 -58, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL FOR ST. THOMAS ACADEMY FIRE PROTECTION IMPROVEMENTS (IMPROVEMENT NO. 92, PROJECT NO. 7)," and Resolution No. 93 -59, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR ST. THOMAS ACADEMY FIRE PROTECTION IMPROVEMENTS (IMPROVEMENT NO. 92, PROJECT NO. 7)." d. Authorization for Russell Wahl to conduct the annual Halloween Bonfire, Page No. 3778 . 1993 authorization for a-$350 city contribution to the activity, and authorization for local business to participate in the activity, subject to the prior approval of Mr. Wahl. e. Approval of the successful completion of the probationary period for Michelle Morgan, part-time Recreation Programmer, and authorization for wage adjustment to Step C of Grade VI in the city's Position and Pay Classification plan at $11,536 per year. f. Approval of the list of contractor licenses dated October 5, 1993 and attached hereto. g. Approval of the list of claims dated July 6, 1993 and totalling $817,292.42. h. Acknowledgment of the ANOMS report for August. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 93-59, Council acknowledged a report and proposed THARALDSON resolution from Administrative Assistant Batchelder relative to an application from Tharaldson Development for a conditional use permit for a motel. Discussion on the application had been continued from September 21. Mayor Mertensotto felt that two conditions should be added to the proposed resolutions. He suggested a condition that in the event the developer or any successor interest changes the single use provision for the facility so that the facility is made available to the general public, that the party at interest must come back to Council for approval to install the additional required parking. The second condition suggested was that the developer retains the right to come before Council to request a sign permit consistent with ordinance requirements as they exist today and consistent with the sign policy of the industrial park once the use changes from single user to general public use. Page No. 3779 1 1993 Mr. Ken Scheel, Tharaldson's project manager stated that he has no objection to the proposed conditions and further stated that he understood that the original site plan showing all of the parking was adopted by Council as Phase B. Councilmember Smith moved adoption of Resolution No. 93-60, "A RESOLUTION APPROVING A SITE PLAN, VARIANCES AND A CONDITIONAL USE PERMIT ALLOWING A 117 UNIT MOTEL IN THE "I" - INDUSTRIAL ZONING DISTRICT," amended to include the conditions suggested by Mayor Mertensotto. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 FIRE PREVENTION Mayor Mertensotto informed the audience that on October 30th, the Fire Department will participate in a National Fire Association program called "Change your clock, Change your battery." As part of the program, the city's fire vehicles will be dispersed throughout the residential areas of the city and firefighters will sound the vehicles' sirens at 6:00 p.m. Additionally, the emergency warning system will also be activated at 6:00 p.m. He explained that the purpose of the exercise is to alert residents to change the batteries in their smoke detectors when they change their clocks back to standard time. IVY FALLS CREEK Mayor Mertensotto opened the meeting for the IMPROVEMENT PROJECT purpose of a public hearing to delay the deadline for letting bids for the Ivy Falls Creek project to 1994 and to extend the time for prepayment and certification of assessments for the project to September and October of 1994 respectively. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 (0/ Councilmember Koch moved adoption of Resolution No. 93-,"-, "RESOLUTION DIRECTING THE CITY CLERK TO CERTIFY THE ASSESSMENT ROLL FOR THE IVY FALLS CREEK IMPROVEMENT PROJECT Page No. 3780 ff 1993 (IMPROVEMENT NO. 9, PROJECT NO. 6) TO THE DAKOTA COUNTY AUDITOR NO LATER THAN OCTOBER 10, 1994.11 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 93-20, Mr. Tom McKinney, representing the Mendakota MENDAKOTA COUNTRY Country Club, was present to request approval CLUB of a wetlands permit. He explained that the Club would like to rebuild the 17th green, which will include minor dredging along Rogers Lake adjacent to the green. He explained that the work will include moving the green to the west and re-contouring and reshaping it, and placing rock along the edge of the lake along the green. Mayor Mertensotto noted that the DNR and Corps of Engineers have reviewed the proposal and have found no problems with it, and the Planning Commission has recommended approval of the application subject to proper erosion control methods including silt fencing. Councilmember Krebsbach asked about the provision of a landscaping plan. She commented that several years ago the neighborhood adjoining the golf course was concerned that the landscaping plan did not provide a buffer for the homes and stated that she wants to be sure that Mendakota will comply with the landscaping plan. Mr. McKinney responded that Mendakota will wait until the green takes its new shape so that the trees can be placed better. Mayor Mertensotto stated that the Planning Commission had recommended the submission of a landscape plan. He pointed out that normally a golf course does not submit such plans but stated that the Club should submit a letter clarifying what they plan to do in terms of landscaping. He also pointed out that the Commission had recommended a condition that the city must be notified prior to commencement of the work. Mayor Mertensotto asked for questions and comments from the audience. Page No. 3781 1 1993 There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved to grant a wetlands permit to Mendakota Country Club to allow excavation and dredging on the 17th green subject to the conditions recommended by the Planning Commission, including proper erosion control methods and submission of a landscape plan and that the city be notified before construction begins so that the silt fences and erosion control can be inspected. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 93-21, Mr. Tom Nonnemacher, 2470 Pond Circle East, NONNEMACHER was present to request a wetlands permit to allow construction of a deck within 90 feet of the wetlands. He explained that only one edge of the deck will be within the wetlands setback. After brief discussion, Councilmember Koch moved to grant a wetlands permit to allow construction of a deck to within ninety feet of the wetlands at 2470 Pond Circle East. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 93-23, Mr. James Anderson, from Anderson-Mann MINNESOTA KNITTING Construction, was present to request MILLS approval of a five foot front yard setback variance to allow Minnesota Knitting Mills to construct a 7,200 square foot addition to its facility located at 1450 Mendota Heights Road. He explained that a small corner of the addition will encroach upon the 40 foot setback because of the configuration of the lot. He stated that in conformance with the Planning Commission request, none of the existing trees will be removed, and three additional six foot spruce trees will be planted in the expansion area. Councilmember Smith moved to approve a five foot front yard setback variance to allow construction of a warehouse addition as proposed at 1450 Mendota Heights Road, conditioned upon the planting of three six- foot spruce trees with approval of addition subject building plans by department. Page No. 3782 . 1993 in the expansion area, along a building permit for the to review and approval of the the Code Enforcement Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 93-19, Ms. Rosemary McMonigal was present to request BETH JACOB approval of a conditional use permit to allow construction of two additions to the Beth Jacob Synagogue. She gave Council an overview of the proposed construction, explaining that the church proposes to add a 2,707 square foot storage addition and a 733 square foot addition for classroom space. She informed Council that there is a berm between the parking lot and Hunter Lane and the synagogue proposes to plant six foot spruce trees on the berm to provide additional buffer. Mayor Mertensotto noted the Planning Commission's concern over adequacy of parking. Ms. McMonigal responded that the existing city ordinance requires 71 parking spaces and 88 are currently provided on the site. She stated that it is a very well attended congregation, which is why the question of parking was raised by the Commission, but at this point the congregation does not want to pave more of the green space for parking. Councilmember Krebsbach stated that the concern is for safety, stating that she is concerned over the safety of people who walk to the synagogue for service and that it may also be difficult to see small children because of parked cars. She asked if there are any future plans for expansion of the facility. Ms. McMonigal responded that there are no plans for expansion to the sanctuary at this time. She explained that at the time the original conditional use permit was requested for the synagogue, additional parking was identified on the plan should it be desirable at some time in the future. Mayor Mertensotto stated that insufficient on- site parking inconveniences the congregation, but when cars are parked on-street it becomes Page No. 3783 1 1993 a city problem, which is why the parking question was raised. He informed Ms. McMonigal that if the congregation proposes expansion in the future, additional parking must be addressed. Councilmember Krebsbach moved adoption of Resolution No. 93-�Tl 11 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BETH JACOB SYNAGOGUE TO ALLOW CONSTRUCTION OF ADDITIONS." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 BIEL/KENNEDY/KANE Council acknowledged receipt of a petition SANITARY SEWER and waiver of hearing from the Biels, Kennedys and Kanes for an extension of the city's sanitary sewer to serve their properties located on Delaware Avenue, south of Mendota Heights Road. Council also acknowledged receipt of a feasibility report, plans and specifications and informal bids for the proposed improvement. Mayor Mertensotto stated that the petition is for the extension of the sewer line through an easement that was received at the time Kensington 5th Addition was platted. He further stated that the feasibility report is favorable and that city solicited informal bids because the anticipated project cost was less than $25,000. He asked the petitioners if they wish to proceed with the project. Mr. Biel, Mrs. Kennedy, and Mr. Kane were present for the discussion, and each stated that they had received the report and want the city to proceed with the project. COO Councilmember Koch moved adoption of Resolution No .93-P-21 "RESOLUTION ACCEPTING BIDS AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR SANITARY SEWER IMPROVEMENTS TO SERVE BIEL, KENNEDY AND KANE PROPERTIES (IMPROVEMENT NO. 93, PROJECT NO. 3).11 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved adoption of Resolution No. 93-�-3,, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS TO SERVE THE BIEL, KENNEDY, Page No. 3784 > 1993 AND KANE PROPERTIES (IMPROVEMENT NO. 93, PROJECT NO. 3)." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 bq, Councilmember Koch moved adoption of Resolution No. 93 -0, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING BID QUOTATIONS TO BE OBTAINED FOR SANITARY SEWER IMPROVEMENTS TO SERVE THE BIEL, KENNEDY, AND KANE PROPERTIES (IMPROVEMENT NO. 93, PROJECT NO. 3)." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 (0(0 Councilmember Koch moved adoption of Resolution No. 93 -6�5, "RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS TO SERVE THE BIEL, KENNEDY AND KANE PROPERTIES (IMPROVEMENT NO. 93, PROJECT NO. 3)," awarding the contract to Keith Dahn for its base bid of $13,917.00 together with $800 for tree removal. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Mrs. Kennedy stated that at the last Council meeting, the Council discussed that the property owners would not be charged the engineering and overhead costs. Mayor Mertensotto responded that Council made the representation at the last meeting and will abide by it. COMMUNITY SURVEY Council acknowledged receipt of the preliminary results of the Dodd /T.H. 110 community survey along with an associated report from the City Administrator. Mr. Bill Morris, from Decision Resources, Ltd., was present for the discussion. Mr. Morris explained that a survey of 400 randomly selected residents was conducted in August. He reviewed the questions contained in the survey and the composite responses to the questions, showing graphics relating to each of the questions. After responding to Council questions, Mr. Morris stated that a detailed written report will be submitted to Council before the October 19 meeting. Page No. 3785 1 1993 Mayor Mertensotto stated that he has received several questions over senior housing and explained that the Dakota County HRA has asked the city for preferred locations for a senior housing facility. He stated that there are limitations on where space is available and asked staff to contact the HRA to find out what size parcel is needed and the number of units the agency feels is necessary. He further stated that a distinction must be made on whether the HRA is anticipating congregate housing or townhouse or condominium units. Councilmember Smith agreed, and pointed out that Council also needs recommendations on what is needed in terms of transportation system, proximity to shopping, etc. Administrator Lawell asked if Council desires to know what has been built by the HRA in other communities and the criteria they use. He explained that as a whole, the county has done a market analysis and that the agency will soon make a presentation in Eagan on its findings which will include Mendota Heights market data. He further stated that he will inform Council of the meeting date as soon as it is available. Mayor Mertensotto asked for audience questions or comments with respect to the survey. Mr. Brian Birch stated that he is happy with the results and that he feels the statistics support his position that the intersection should be left as it is. He further stated that he would like to be informed on the date of the HRA meeting and would like a copy of the graphics used by Mr. Morris. DAKOTA COUNTY LEAGUE Council acknowledged a memo from Administrative Assistant Batchelder regarding the possible organization and implementation of a Dakota County League of Governments as proposed by the Dakota County Managers/Administrators group (DCMA). Mayor Mertensotto stated that he and the City Administrator had recently met with a representative of the South St. Paul/Inver Grove Heights Chamber of Commerce regarding joining the Wakota Bridge Coalition. He explained that the goal of a coalition of communities which are adjacent to T.H. 110/I- Page No. 3786 . 1993 494 would be to publicize the need for an additional river crossing, and that membership dues will be required. He stated that the question is where does the Council want to spend city money. He pointed out that the city currently belongs to the League of Minnesota Cities and Association of Metropolitan Municipalities. He also pointed out that all of the activities require staff time and stated that he is very concerned over the availability of staff time. He stated that although he can see why the DCMA group would like to have elected officials involved, many of the issues the proposed Dakota County League would deal with are currently being studied for the city by other agencies. He did not feel the city should commit to joining a Dakota County League at this time without knowing what the manpower commitment will be and unless there is a specific goal and period of time anticipated for membership. He informed Council that there will be a meeting of the DCMA to discuss the issue on October 13 at 7:00 p.m. in Apple Valley. Assistant Batchelder responded that the real intent of the DCMA is to see what kind of interest there is on the part of the elected officials. He stated that the group felt that it would be good for Dakota County elected officials to discuss legislative issues and that there were also other ideas on what the purposes of a league should be. Mayor Mertensotto stated that he is concerned over what the dues would be and what kind of staff commitment would be required, as well as the duplication of efforts of the proposed group and the League and AMM. Councilmember Krebsbach felt that perhaps the best way for the DCMA to go is to have the league be more of ad hoc organization of elected officials meeting quarterly. With respect to particular issues which raised the idea of a league, Administrator Lawell informed Council that one example of an issue such an organization would deal with is the Orfield legislation and the issue of central city versus first ring suburbs. Councilmember Huber stated that he is not concerned in getting involved in more dues but Page No. 3787 1 1993 would like to have someone present during meetings to see where the league goes. He felt that if it is just a matter of setting up a network of elected officials in the County that could be drawn upon for items of interest to the entire area, the Council would want to be involved. Mayor Mertensotto felt that Council should indicated that it is not interested in championing a group of this nature unless more is known about what the group's intention is. He stated that the DCMA has been meeting for five years on information exchange, and felt that Council should not be the driving force in getting a league started but rather should take a more reserved approach. Council member Smith stated that if the league were to be an informational forum for exchange of ideas, that would be one thing, but building a superstructure with large fees, etc., would be quite different. She felt that Council should wait to make a decision until more information is available. Mayor Mertensotto stated that he feels that Council's time would be better served strengthening organizations that are in place than starting a new one. He further stated that in his experience he feels that when there are too many fragmented organizations the legislature does not listen to any of them. CITY HALL USE POLICY Council discussed a proposed draft of a revised City Hall Use Policy and discussed changes in the draft with respect to food and beverages, fees, and use by other governmental agencies. Staff was directed place the matter on the October 19 agenda, to incorporate the revisions into the draft and to provide Council with statistics on use of the facility for the last two years. COUNCIL COMMENTS Councilmember Smith pointed out that the comment period for the Friendly Hills proposed street project is still open and asked Friendly Hills residents to let Council know how they feel about the proposed improvements. Administrator Lawell informed Council that several letters have been received from Friendly Hills residents and stated that Page No. 3788 , 1993 copies of the letters will be given to Council as they are received. Councilmember Krebsbach asked whether there are tree and noise ordinances in place. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:40 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL October 4 1993 Concrete License Sta -Lor Masonry, Inc. Excavating License J.A. Chaves Excavating General Contractors License John Dalsin J & L Schwieters Const. Stucco /Drywall License Gene Anderson Drywall JBL Plastering Inc. Quanrud Drywall Sign License Schad -Tracy Signs Inc.