Loading...
1993-07-20 Council minutesPage No. 3688 July 20, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 20, 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, Krebsbach and Smith. Councilmember Koch had notified Council that she would be absent. AGENDA ADOPTION Councilmember Huber moved adoption of the agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the July 6, 1993 regular meeting with corrections. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 Abstain: Krebsbach Councilmember Huber moved to accept the minutes of the June 3, 1993 Joint Council/Planning Commission workshop. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items d through g to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for June. b. Approval of the issuance of a 2-day, on- sale 3.2 malt beverage license to St. Peter's Church for September 18 and 19, in conjunction with the annual Father Galtier Days, along with waiver of the license fee. Page No. 3689 July 20, 1993 C. Acknowledgment of receipt of the minutes of the June 2, 1993 NDC -4 meeting. d. Acknowledgment of a memo from the Public Works Director regarding completion of the Centre Pointe South grading plan and authorization for the Mayor and City Clerk to execute a Developer's Agreement authorizing filling on Lots 1 through 4, Block 1, Yorkton Centre Pointe South. e. Acknowledgement of an update from the City Administrator regarding the convention and visitor's bureau proposal. f. Acknowledgment of a reminder of the Kensington Park ribbon cutting ceremony to be held on July 24th at 11:30 a.m. g. Approval of the list of contractor licenses dated July 20, 1993 and attached hereto. i. Approval of the list of claims dated July 20, 1993 and totalling $1,366,140.99. j. Approval of a Critical Area Overlay District modified site plan for a proposed garage addition at 788 Sibley Memorial Highway (Schmidt) and waiver of the required Critical Area application fee. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 HIDDEN MEADOWS PLAT Council acknowledged the final plat for Hidden Meadows, along with a memo from the Public Works Director, a proposed approving resolution, a letter from Attorney Evan Coobs, and a proposed "Conservation Easement and Declaration of Restrictive Covenants." Mayor Mertensotto pointed out that the final plat does not show the requirement for a roadway to the second lot. He stated that he wants to be sure that the conservation easement document contains a requirement that the land owner understands that no building permit will be issued for Lot 2 until the 20 foot roadway is constructed over the private access easement. Page No. 3690 July 20, 1993 Administrator Lawell stated that the preliminary plat contains a number of notes but that a final plat is not as detailed. He further stated that staff recommends that the language with reference to the requirement for a 20 foot roadway, with 12 feet of improved surface width and 4 foot shoulders, is included within the conservation easement (agreement) document for recording at the county. Councilmember Smith moved adoption of Resolution No. 93-40, "RESOLUTION APPROVING FINAL PLAT FOR HIDDEN MEADOWS," conditioned upon an amendment to the "Conservation Easement and Declaration of Restrictive Covenants" to provide that no building permit will be issued until a roadway meeting fire requirements and as discussed herein is built, and subject to the filing of the amended document with the county. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 FIRE TRUCK Council acknowledged the specifications for REFURBISHING the refurbishing of fire truck 2287 and a request for authorization to advertise for bids. Mayor Mertensotto stated that Council is concerned with the bottom line and cautioned the fire department representatives that Council will make its decision on the base bid and the four alternates based on the cost factors involved and the projected value of the equipment after the refurbishing is done. He further stated that all bidders must be required to submit a base bid and bids on all of the alternates. Councilmember Huber stated that he had questions regarding inspection trips by fire department personnel. He stated that he understands that inspections must be made during construction of the unit but questioned whether the inspections should be by the city's fire personnel or by an individual who would typically perform inspections of this type of construction. He was concerned about the responsibility for a default in the construction if city personnel do the inspection. Page No. 3691 July 20, 1993 Firefighter Marc Connolly responded that all of the inspection trips on past equipment have been done by local personnel and that such inspections provide an opportunity for the department to view the construction between phases. He explained that the National Fire Protection Codes require that bidders must include the cost of inspection trips in their bids. Councilmember Huber felt that somewhere along the line the city should put reliance on someone else that the truck has been manufactured according to specification. Mayor Mertensotto suggested that perhaps the inspection trips should be removed from the specification, and that if the Fire Department deems the trips necessary they could be added later. Fire Chief Maczko stated that the inspection trip language in the specification is standard language and does not relieve the manufacturer from having to certify that the workmanship and materials are in accordance with specification. The manufacturer would still be responsible for any defects. He explained that the trips in the specification include a pre-construction conference with department personnel and the manufacturer, an inspection to be sure that the cabinet sizes are as specified, etc., in order to catch any errors before there are costly changes required and to be sure that nothing that is needed has been left out of the specification, and the last inspection is to be sure that the paint color is correct, etc. He informed Council that the burden of proof for the grade of steel, etc., remains the responsibility of the manufacturer who must provide a written warranty. He felt that from a city perspective the inspections are necessary. Councilmember Smith stated that it is a good idea to check things out periodically to make sure the construction is being done the way the city wants it to be done. Councilmember Huber stated that his concern was that the city might be somehow conveying to the manufacturer that the vehicle is acceptable and may be relieving the manufacturer of liability. He further stated Page No. 3692 July 20, 1993 that as long as this is not the case he agrees with the recommendation for inspection trips. Councilmember Smith moved that the pre- construction conference should be held at the city and should include as many fire department representatives as Chief Maczko feels are needed, that two inspection trips by three department personnel are authorized, and that all bidders must submit a base bid and bids on all alternates. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PARKS AND RECREATION Councilmember Krebsbach stated that she would COMMISSION like information on the use of the soccer fields. She stated that there was Commission discussion on increasing the size of the Kensington fields so that there is less physical contact during play, and asked what the use of the fields is in relation to the size of the fields and age groups. She also asked if the capital improvement program was requested in 1992 or whether it is something that is routinely done. Assistant Batchelder responded that the fields have been designed as large as possible and are large enough to accommodate adult soccer, pointing out that there are other, smaller fields throughout the city. With respect to the CIP, he stated that the CIP for the park system has been done in the past when the Public Work Director does the park budget but that since the referendum the park system size has changed and a recreation programmer has been hired. When the Commission was faced with the question of whether to build two bridges in two parks, they posed the question of what other major cost improvements will occur in the future and directed staff to prepare a plan. He explained that the Commission wants to take a thorough look at the park system and the plan may take as long as eight months to prepare. Councilmember Krebsbach also expressed concern about the power lines in Kensington Park and stated that she would like to be sure the city continues to hold the $25,000 that was set aside to move the power lines if it becomes necessary. Page No. 3693 July 20, 1993 Mayor Mertensotto responded that Council has taken the position that if the location of the lines becomes a problem the city would spend $25,000 out of the referendum monies to relocate them. He further stated that Council has given this assurance to the Commission. Assistant Batchelder stated that $25,000 of the referendum funds was earmarked for this purpose in 1992 and remains set aside for the purpose. Councilmember Smith pointed out that North Kensington Park has not been completed and the improvement cost has never been determined because the needs have not been determined. She asked if funds have also been earmarked for North Kensington Park development. Assistant Batchelder responded that development of North Kensington is a line item in the referendum budget. Councilmember Huber moved to acknowledge receipt of the minutes of the July 13th Parks and Recreation Commission meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 IVY FALLS CREEK Mayor Mertensotto informed the audience that MEETING an informal meeting to review the final plans with residents affected by the Ivy Falls Creek project will be held on July 26th. Council briefly discussed the status of easement negotiations. Mayor Mertensotto pointed out that all property owners should be treated the same, and that the project cannot continue until all easements are acquired. Councilmember Smith moved to proceed with condemnations necessary for the acquisition of easements in conjunction with the Ivy Falls Creek project. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Fred Fisher, 1869 Eagle Ridge Drive, stated that he is very interested in the Burow farm issue and that he had first been informed on the matter in a recent newspaper article. Page No. 3694 July 20, 1993 Mayor Mertensotto informed Mr. Fisher that the farm was originally built in 1878 and is currently owned and occupied by Mr. Tom Burow, the third generation of his family to own the farm. He explained that a recent fire in the home caused extensive damage and the owner had no insurance and that Council has discussed the potential for preserving the farmstead so that elementary school children can tour it and learn about working farms and the wildlife. He further stated that it has been proposed that the property be acquired by a non-profit corporation and that Mr. Burow be given a life estate on the property. CASE NO. 93-15, Council acknowledged a memo from the City VISITATION C.U.P Administrator regarding revised plans for the proposed Visitation child care facility and possible conditions of approval, and a memo and proposed resolution from Assistant Batchelder. Mr. Gary Ostberg, representing the Convent of the Visitation, reviewed a revised sketch plan, informing Council that the structure has been relocated to south of the tennis court and that city sewer and water are available at the proposed location. He informed council that the structure will have a wood exterior. Councilmember Krebsbach stated that the revised proposal appears to have resolved all of the concerns voiced at the last Council meeting. Councilmember Smith asked what has been done to address the concern over traffic on Lake Drive. Mayor Mertensotto stated that traffic can be dealt with in the future if it becomes a problem. He commended the parents and the building committee and especially the Visitation Sisters for moving the proposed facility to an excellent location. He pointed out that in its proposed location, utilities are available, a building is close by for protection during storms and the children will not have to cross a parking lot to get to the playground. He informed the applicants that approval this evening will be contingent upon the conditions recommended by the Planning Commission and the filing of a site plan and a detailed set of plans showing what is proposed Page No. 3695 July 20, 1993 to be built. He also confirmed that the Convent is requesting a five-year temporary permit for the structure. Councilmember Krebsbach asked if Council can assume that the structure will be connected to the city's sewer and water systems. Mr. Ostberg responded that he would like to reserve the option to install a septic system if it becomes necessary. He stated that the first preference is city utilities but the grade and flow have not yet been determined. Mayor Mertensotto stated that prefer the connection to city it is determined in the final cannot be accomplished, he wog to the applicants coming back Council. Council would utilities but if plan that this ald be receptive before the Council was informed that the building will be earthtone colors to match the brick on the school. Administrator Lawell stated that the list of conditions in his memo was developed by the Planning Commission and that the Council's conditions include reference to parking and the potential need for setback variances from parking lots and buildings. Councilmember Smith moved adoption of Resolution No. 93-41, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND A SIZE VARIANCE FOR TEMPORARY BUILDING AT THE CONVENT OF VISITATION SCHOOL FOR AN EARLY CHILDHOOD MONTESSORI PROGRAM," for a temporary structure limited to a period not to exceed five years, the structure to be located on the area shown on the sketch plan reviewed this evening, conditioned upon the submission of correct drawings for the project and subject to the nine conditions cited in the City Administrator's memo. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 It was the consensus of Council that the approval includes approval of any variances that are necessary and that if the structure is not connected to the city's utilities, the applicants must appear before Council to request approval of on-site systems. Page No. 3696 July 20, 1993 CASE NO. 93-12, Council acknowledged a report from Assistant BAARS C.U.P Batchelder relative to and application from Mr. Clifford Baars for a conditional use permit for accessory structure to allow construction of a second (detached) garage at 1947 Knob Road. It was noted that the Planning commission had recommended denial. Mr. Russell Crowder, legal counsel for Mr. Baars, stated that Mr. Baars purchased the home in August, 1992 from his father, who had told him that a city inspector had informed him that he could build a 1,000 square foot garage. Mr. Baars thus thought he could build the garage and applied for the permit in October 1992, at which time he was told by the city that he needed a variance. Mr. Baars began the process but did not proceed because he could not construct the structure over winter. When he started the process again in the spring the Zoning Ordinance had been amended to require a conditional use permit. Mr. Crowder informed Council that the Baars home is about 2,000 square feet of living space and there is a one stall garage which cannot be expanded because it is within 18 feet of the property line to the north. He explained that the only solution is to go to the rear of the property, where there is an existing driveway. He stated that if the garage is attached with parking in front of it, the back yard would be almost all blacktop and building. He further stated that the Baars have four vehicles and want to build a garage that would allow them to store their vehicles and avoid parking them in the driveway or on the street. Mr. Crowder stated that letters of approval have been received from the neighbors within 150 feet of the Baars property, except the owner immediately to the south, and that the individual who objected at the Planning Commission hearing lives a couple of blocks away. He stated that the only neighbors who would have a view of the proposed garage have submitted letters stating that they have no objection. He pointed out that there are many 3-car garages in the city, that the Baars have no ability to keep their cars inside a structure other than if the proposed garage is approved, and that he feels the application meets the conditions of the conditional use permit process. Page No. 3697 July 20, 1993 Mayor Mertensotto responded that there are many 3 -car attached garages in the city but that he does not know of many which are free- standing but that those which are generally are the ones which have caused problems. Councilmember Krebsbach stated that she believes the Planning Commission recommended denial of a three -car garage in the Crown Point neighborhood in 1992. Assistant Batchelder responded that Council denied that variance application because the proposed structure would have been too large in proportion to the applicant's home and the neighboring homes. Councilmember Smith pointed out that there are already two garages on the property, one attached and one detached, and asked why only one is being used as a garage. Mr. Crowder responded that the overhead door on the attached garage has been sealed and it cannot be used as a garage. He explained that the area has not been used as a garage for many years and the prior owner used the area for his hobbies. Mr. Baars informed Council that he built a permanent wall, of cement block and plywood, in front of the door. Responding to a question, he stated that the proposed garage would be a maximum of 15 feet tall. Mayor Mertensotto pointed out that Mr. Baars is requesting a 36 by 26 foot garage with three overhead doors and that while the Baars lot is very large, the depth is only 135 feet. He asked whether Mr. Baars had considered attaching the garage. Mr. Crowder responded that given the layout of the lot, the only place it could be attached would be at the rear of the home, which would use up most of the rear lot and they would have to blacktop a drive to it. He also stated that if it were attached, it would have to have poured footings. Mayor Mertensotto pointed out that there is already a garage and an accessory building on the lot. He also expressed concern that garages like what Mr. Baars proposes have a way of becoming commercial properties. Mr. Baars accessory Mr. Baars commercia property, cannot be Page No. 3698 July 20, 1993 responded that he will remove the building. Mr. Crowder stated that has no intent to use the garage for L purposes and if he were to sell the it is in a residential area and used commercially. Mayor Mertensotto stated that a garage with three doors of the height proposed would be very inviting for commercial activity in the future, and pointed out if the structure ever became used for commercial purposes people would complain to Council and ask why its construction was ever approved. Mr. Crowder responded that it is not uncommon for a house the size of the Baars residence to have at least a three car garage. He explained that Mr. Baars needs the structure to house his collectible car and the trailer used to haul it. Mr. Baars stated that standard sized garage doors would be acceptable. Councilmember Krebsbach stated that she would like to have a better sense of the neighborhood opinion on the garage. She pointed out that Council must protect the integrity of the neighborhood and if it is approved, the structure would have to be as unobtrusive as possible, including a reduction in size. She asked if a two car garage would be acceptable. Mr. Baars responded that he could reduce the structure to a two car garage if necessary and that his intention is to store nothing outside. Mayor Mertensotto stated that Council must be concerned about setting precedent, pointing out that if the structure were approved at the proposed size, other individuals wishing to build a similar garage in the future could point to the Baars garage as an example. Mr. Herman Marthaler, 1957 Knob Road, stated that he would like the neighborhood to remain a nice, quiet residential neighborhood and that he cannot believe a 36 by 28 foot building would be compatible with the neighborhood. He informed Council that he lives next to the Baars property and the Page No. 3699 July 20, 1993 structure would be visible to him. He further stated that Council would have no control over use of the garage when Mr. Baars sells the property and expressed concern that it will ultimately be used for commercial purposes. Mayor Mertensotto asked Mr. Marthaler if he would still object if approval were conditioned upon the permanent closing off of existing tuck-under garage and the proposed structure were scaled back to two-car size with doors no higher than 8 feet and in conformance with all setback requirements. Mr. Marthaler responded that he has never had an objection to the tuck-under garage which was used as a garage until recently but that he would not object to a standard sized two car garage with standard doors. Administrator Lawell stated that standard residential garage doors are seven feet tall. Responding to a question from Councilmember Smith, Mr. Baars stated that he would lower the entire garage height by one foot from what he has proposed. Councilmember Huber pointed out that there is considerable vegetation on the Baars property but the least amount of vegetation is on the side of the property that faces the Marthaler lot. Mr. Marthaler stated that he understood that if there was a garage on a property the only additional structure that would be allowed is a small accessory structure. He asked if the owner of the property on the other side of his lot could build a three car garage if Mr. Baars is allowed to construct a two car garage and what impact the approving action would have on the Zoning ordinance. Assistant Batchelder responded that the ordinance allows only one garage per property, whether attached or detached. The minimum garage size required is 440 square feet and the maximum allowed is 1,000 square feet. He stated that Mr. Baars is requesting a conditional use permit to allow an accessory structure and that the garage would not be considered an accessory structure if there was no other garage on the property. Page No. 3700 July 20, 1993 Mr. Mike Haverkamp, 1920 Knob Road, stated that he attended the Planning Commission hearing and opposed the structure because of its size and because he did not feel it would be compatible with the neighborhood. He further stated that the real issue is the size of the garage and the question of what would prevent someone else in the neighborhood from doing the same thing in the future. Mayor Mertensotto asked if Mr. Haverkamp would continue to object if the tuck-under garage was permanently closed off and the proposed garage were reduced in size. Mr. Haverkamp responded that if Council felt it would be compatible with the neighborhood he would not object. Councilmember Krebsbach felt that in this neighborhood and others Council should get tighter on granting variances unless it is a neighborhood standard that the residents are comfortable with accessory structures and prefer that cars, etc., are stored inside. She stated that Council cares very much about each neighborhood and does not want property owners to think that they can get variances simply because someone else did. Mr. Larry Markgraf, 1934 Knob Road, stated that there are two large evergreen trees in front of the area where Mr. Baars proposes to build the garage and the structure would not be seen from the street. He did not think a two-car garage would negatively impact the neighborhood. Mr. Neil Quehl, 1968 South Lane, stated that his property is about 200 feet from the Baars lot and that his biggest complaint is that neighbors must come to a hearing to voice their opinions. He felt that when Mr. Baars appeared before the Planning commission the process should have been stopped because of the objections from the neighbors. He stated that he is sure that a three car garage would end up as some kind of a business but that he would not object to a two car garage. He asked what happens to approved conditional use permits in the future. Page No. 3701 July 20, 1993 Mayor Mertensotto responded that Mr. Baars or any future owners would have to comply with the conditions imposed on the permit. Councilmember Krebsbach asked why Mr. Baars has not requested an attached garage. Mr. Crowder showed Council drawings of the existing home and stated that if the structure were attached the back yard would be almost entirely filled with the garage and blacktop. Mr. Baars stated that he proposes in the site plan to plant spruce trees around the structure. He further stated that the cost of attaching a garage would be prohibitive, he would have no back yard, and the city's sewer line location would present a problem in getting footings in. Councilmember Krebsbach asked if the proposed location could be moved so that the garage would not be so much in the Marthaler sight line. Mr. Baars responded that the reduction in the size of the structure would be on its south side and the garage would then not be very visible to the Marthalers. Councilmember Krebsbach pointed out that the Planning Commission had recommended denial of the application. Mr. Baars responded that the discussion was abruptly cut off and he had no chance to offer a compromise. Mayor Mertensotto suggested that conditions for approval could include a maximum size of 28 feet wide by 26 feet deep, a revision in the site plan to take 10 feet off of the south side of the structure, that it be set back 50 feet from the Marthaler property line, that it be a maximum of 728 square feet and comply with the 10 foot rear yard setback requirement and that the attached garage be permanently closed off. He further suggested that the door height should be no more than 8 feet, that the overall structure height should be reduced by one foot, that the existing shed should be removed and that the structure can be used for residential storage only and not for commercial activity. Councilmember Smith felt that six trees proposed in the site plan was not sufficient Page No. 3702 July 20, 1993 and that more landscaping should be added to the east. Mr. Baars responded that he can plant two trees at the back of the garage and four on the south side. Responding to a question from Mayor Mertensotto, he stated that he will landscape the existing blacktop area. Councilmember Krebsbach stated that her only objection to approval with the conditions suggested is that the rest of the neighborhood may wish to do the same thing. Administrator Lawell responded that the application is not for a variance but rather for a conditional use permit and the Council can set conditions to keep such a structure compatible with the neighborhood. He pointed out that a conditional use must be compatible with the neighborhood and preserve the values in the neighborhood and that an application for conditional use permit requires a public hearing. Mayor Mertensotto briefly reviewed the options, which included extension of the city's sewer from Bachelor Avenue, imposition of a connection charge and allowing the connection of the property to existing utilities, on-site utilities, and a determination that the lot is currently unbuildable due to the lack of utilities. Ms. Simmonds responded that at the last meeting she had asked Council to waive the Mayor Mertensotto stated that before any action is taken he would like a resolution prepared stating all of the conditions for approval. Councilmember Smith moved to continue discussion to August 3rd. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 OUTLOT A, EVERGREEN Council acknowledged a memo from Public Works KNOLLS Director Danielson detailing options for sanitary sewer service in connection with the continued discussion on a request from Ms. Janice Simmonds for the development of Outlot A, Evergreen Knolls. Mayor Mertensotto briefly reviewed the options, which included extension of the city's sewer from Bachelor Avenue, imposition of a connection charge and allowing the connection of the property to existing utilities, on-site utilities, and a determination that the lot is currently unbuildable due to the lack of utilities. Ms. Simmonds responded that at the last meeting she had asked Council to waive the Page No. 3703 July 20, 1993 hook up charge because of the cost to connect to the sewer. Mayor Mertensotto responded that Council does not waive hook up or assessment charges. Ms. Simmonds stated that because the lot is unbuildable now, the city is losing tax potential and the cost for connecting the lot to existing city utilities is very high. Mayor Mertensotto asked Mr. Jim Gryc, developer of Evergreen Knolls and current owner of the subject lot, what the thinking was on development of the lot at the time the plat was presented. Mr. Gryc responded that when the plat was proposed, the people in Cherry Hills objected to the extension of Wachtler and it was ultimately decided that the street should only be built towards the outlot. It was determined that the outlot would become buildable when the street is extended and it would be connected to the sewer system at that time. He further stated that fill was brought to the outlot and building pads for two lots were designed in anticipation of the future extension of Wachtler. He informed Council that Par 3 granted the city right-of-way at the time of platting but that the Slowinskis objected to the extension proposal and did not grant right-of-way. Mayor Mertensotto stated that if one of the real problems is opening Wachtler and the residents of Cherry Hills and the Slowinskis do not want the extension, perhaps Council should consider just extending the utilities from the south without extending the street. Mr. Gryc responded that there is a terrain problem and filling would be needed. Mayor Mertensotto asked Ms. Simmonds if her perspective would change if the outlot could be divided into two lots. Ms. Simmonds responded that she wants to purchase the property as one building site. Councilmember Krebsbach stated that the Cherry Hills residents and the Slowinskis will likely always object to the extension of Wachtler and Page No. 3704 July 20, 1993 that Council cannot assume that those neighbors would ever want the street. She further stated that she does not know that residents should pay the extra cost to accommodate development of the outlot after the fact and that she is concerned about the precedent that an extension of the sewer line from the south would set. She also pointed out that the outlot is a highly desirable piece of property. Councilmember Smith stated that given current conditions the septic system option now and connection to the city system when it is extended in the future is the simplest answer. Ms. Simmonds disagreed stating that there is always the potential that she would have to replace the septic system over a period of time and then have to hook up to city sewer later. Councilmember Huber asked what cost there would be to Ms. Simmonds if she now installs an on site system and is forced to connect to the sewer at some future time when it is extended from Bachelor. Public Works Director responded that a typical sanitary sewer assessment today is about $3,000 per lot, and the outlot is really two lots so the assessment would likely be about $6,000. Councilmember Huber stated that he would have difficulty supporting the Bachelor Avenue sewer extension option. Councilmember Krebsbach stated that the city should not be called upon to subsidize the cost of the utility and pointed out the property is an outlot for a reason and the city should not incur any cost for its development. Mayor Mertensotto pointed out that by developing the outlot as one lot, one assessment is being eliminated. Ms. Simmonds responded that it is currently only one lot. She asked if the city will extend the existing sewer pipe further towards the lot. Page No. 3705 July 20, 1993 Mayor Mertensotto responded that Council has no justification for spending tax payers' money that cannot be recaptured and that by allowing the outlot to be developed as a single building site one assessment will already be lost. Responding to a Council question, Public Works Director Danielson stated that if the Slowinski property were to develop in the future, the utilities would probably be extended from Bachelor. Ms. Simmonds stated that at the last Council meeting there were two other matters to address, the turn-around and the park dedication. Mayor Mertensotto responded that the city never waives park dedication fees and that the city would require a park contribution of $750. Administrator Lawell stated that generally the city provides a cul-de-sac to provide for a turn-around for fire vehicles. He asked if what is proposed is adequate. Public Works Director Danielson responded that right now it just goes to a dead-end barricade and that the barricade would have to be removed to allow snow plowing. Mayor Mertensotto stated that the entry way to the lot could come off of the street and that the distance from the proposed house to the street does not appear to be a problem. Public Works Director Danielson informed Council that there were erosion problems during construction of past development in the area, and he recommended that any approval be conditioned upon the provision of adequate erosion protection to protect the Slowinski from damage. Mayor Mertensotto informed Ms. Simmonds that Council will not waive the hook-up charge and that she must make a decision on what she wants to do, that the city will not pay the cost of extending the sewer main to the outlot and that she must work with the engineering staff regarding erosion control. Page No. 3706 July 20, 1993 COMMUNITY SURVEY Councilmember Krebsbach informed Council that she and Councilmember Smith had met with Administrator Lawell and Mr. Morris, from Decision Resources, and had reached a consensus on the final form of the survey, which is the draft being reviewed this evening. She felt that the current draft better addresses the type of information Council desires. Administrator Lawell stated that Councilmember Koch had asked him to inform Council of her concern over Option A on page 4, specifically over the language stating that the city can acquire and hold the land. She had pointed out that Mn/DOT may be willing to hold the land but that the city can purchase the land from Mn/DOT. She wanted to make sure that the cost of purchase is identified. Mayor Mertensotto responded that there would be no cost to the city since the acquisition would be through MSA funding. Administrator Lawell suggested that the language be revised to state that the "city could cooperate with Mn/DOT to hold this land in its currently undeveloped state for possible future roadway use." Councilmember Huber moved to approve the questionnaire, revised to include the amendment proposed by Administrator Lawell on page 4, to authorize Decision Resource Ltd. to begin the survey phase of the project and to authorize payment to,DRL in the sum of $2,500. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 DAKOTA ALLIANCE FOR Council acknowledged a memo from the City PREVENTION Administrator regarding the appointment of a city representative on the Dakota Alliance for Prevention (DAP). Councilmember Krebsbach stated that she feels Council should always interview candidates who will represent the city in an official capacity. Administrator Lawell stated that Council is scheduled to interview Air Noise Commission applicants on July 22 and suggested that it may be possible to interview the DAP Page No. 3707 July 20, 1993 candidate, Mr. William Payne, on that evening also. It was the consensus to invite Mr. Payne to meet with Council for a brief interview on July 22. BID AWARDS: ASSOCIATED Council acknowledged a tabulation of bids BUREAUS /SEAL COAT received for public improvements to serve Associated Bureaus and a memo recommending the award of bid for seal coating to Struck & Irwin Paving, inc., the only bidder on the slurry seal project. Councilmember Smith moved to award the project for 1994 slurry seal coating to Struck & Irwin Paving, Inc. for its bid of $44,200. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 93 -42, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF THE ASSOCIATES BUREAUS IMPROVEMENTS TO SERVE LOTS 1 AND 2, BLOCK 1 AND LOT 1, BLOCK 2, MENDOTA HEIGHTS BUSINESS PARK 4TH ADDITION (IMPROVEMENT NO. 92, PROJECT NO. 4)," awarding the contract to Ryan Contracting, Inc., for its low bid of $211,525.75. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 MPRS LITIGATION Council acknowledged an update from Administrator Lawell regarding the Minnesota Police Recruitment System (MPRS) litigation. Mayor Mertensotto reviewed the memo and recommendation for the thirty six cities involved in the litigation to jointly retain Holmes & Graven as legal counsel. Administrator Lawell responded that the city did not approve the agreement for joint retention of Holmes & Graven in January and has been carried so far because the issue was LMCIT involvement. He explained that the city has two options. One option is not to participate in the group defense and retain its own legal counsel but still be liable for the cost associated with the joint defense. The other option is to approve the joint i defense agreement. Page No. 3708 July 20, 1993 Mayor Mertensotto stated that he does not feel it would be in the city's best interest to be involved in the joint defense and would strike the third paragraph of the resolution. He also recommended that an additional paragraph be added to state that the city shall be provided with timely billing reports, preferably on a month to month basis. Councilmember Smith moved adoption of Resolution No. 93 -44, "A RESOLUTION AUTHORIZING HOLMES & GRAVEN TO REPRESENT THE CITY OF MENDOTA HEIGHTS IN LAWSUITS COMMENCED BY JOHN STARKS AND CHRISTOPHER FIELDS," amended to delete the third paragraph and add the language recommended by Mayor Mertensotto. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 WORKSHOPS Council acknowledged a memo from Administrator Lawell regarding future workshop dates. Mayor Mertensotto informed Council that he had received a call from the Victoria Towmhomes Association regarding the condition of the private street in the development and the desire of the association to resolve the question of city financing for seal coating. He stated that the association has received a bid of $3,468 for crack filling and slurry sealing and that they are asking the city to participate by paying 50% of the cost. It is the contention of the association that the condition of the street is three to four times worse than those in the Victoria Highlands Councilmember Krebsbach moved to conduct a Target Issues Workshop on Saturday, August 21, from 8:00 a.m. to noon at City Hall. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Councilmember Smith moved to conduct a budget workshop on August 31 at 7:00 p.m. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto stated that he had received a call from Mr. Dale Johnson, on Dodd Road, regarding storm sewer. He asked staff to research whether the Johnson property had been assessed for storm sewer. Mayor Mertensotto informed Council that he had received a call from the Victoria Towmhomes Association regarding the condition of the private street in the development and the desire of the association to resolve the question of city financing for seal coating. He stated that the association has received a bid of $3,468 for crack filling and slurry sealing and that they are asking the city to participate by paying 50% of the cost. It is the contention of the association that the condition of the street is three to four times worse than those in the Victoria Highlands Addition and the cost the release from construction Page No. 3709 July 20, 1993 that if the city participates in association will give the city a any future claims regarding the and maintenance of the ring road. Councilmember Krebsbach stated that she has biked around the townhomes area and the Victoria Highlands development and the streets are in the same condition. She further stated that if the developers wanted private streets and had the city install them, the association is responsible for the street maintenance. She felt that the association is looking for a good will gesture from the city and indicated that she would be willing to agree to a city expenditure of $1,000 if that would appease the association. Councilmember Huber stated that he would support the request with the condition that the City Attorney review the release first, stating that it should include releasing the city from any liability for design and installation of the roadway and any future bills for its maintenance. He felt that the association should pay for the slurry seal and the city should then pay the association. Council directed the Public Works Director to contact the association to indicate that Council is willing to accept its proposal to resolve the matter, subject to agreement from the Association Board of Directors and review of the release by the City Attorney. There was discussion over parking along Mendakota Drive for the annual park celebration, as it relates to no-parking signs, and it was the consensus that the police officer on duty should exercise his judgment in permitting parking by directing that the no-parking signs be hooded during the time parking spaces are needed. ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved Page No. 3710 July 20, 1993 that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:08 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL July 20, 1993 Asphalt License Dakota Blacktopping Masonry License, R.M. Construction Gas Piping License Aqua City Plumbing Inc. Vollhaber Heating & A/C Inc. HVAC License American Burner Service Cedar Valley Heating ` New Mech Vollhaber Heating & A/C General Contractors License Helton's Handyman Service Drywall. License Pro Drywall Inc. Russwick Contractors Inc.