Loading...
1991-10-01 Council minutesPage No. 3130 October 1, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 1, 1991 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 Cummins, Koch and Smith. Councilmember Blesener had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the September 17, 1991 regular meeting with corrections. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the draft minutes of the September 24th Planning commission meeting. b. Acknowledgment of the Fire Department monthly report for August. c. Acknowledgment of a memo regarding public hearing notice requirements. d. Authorization for Russell Wahl to conduct the annual Halloween Bonfire, for a City contribu- tion of $350, and for participation by local businesses subject to approval by Mr. Wahl. e. Acceptance of a letter of resignation from Duane Toenyan as Public Works Maintenance Person and authorization for staff to advertise the position. Page No. 3131 October 1, 1991 f. Adoption of Resolution No. 91 -70, "RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS," establishing a ring road around the Mendota Plaza and central business area, from South Plaza Drive to Dodd Road, as a state aid highway, subject to approval by Mn /DOT. g. Approval of Change Order No. 1 to the Lennox Project contract (Improvement 91 -3), for a total cost of $4,880, and authorization for execution of the change order by the Mayor and City Clerk. h. Approval of a modified critical area site plan for Richard Frye, to allow construction of a six foot wood privacy fence at 1845 Hunter Lane a minimum of 40 feet from the bluff line and three feet from the south lot line. i. Acknowledgement of a memo from the Administrative Assistant regarding revised locations for the MAC remote Noise Monitoring System. j. Approval of the list of contractor licenses dated October 1, 1991 and attached hereto. k. Approval of the List of Claims dated October 1, 1991 and totalling $155,644.27. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 SWIMMING POOL FENCES Council acknowledged a memo from Code Enforcement Gill, a letter from Mrs. Elizabeth Wild, 813 Hazel Court, requesting placement on the agenda to discuss her concern over swimming pool fences, and a letter from Mr. Jim Losleben, 815 Hazel Court, regarding the fencing of his pool. Mrs. Wild stated that she has five small children, and that she has come before Council to discuss two concerns, concern over pool fence inspection procedures and the incompatibility of the City's pool ordinance and the State Building Code with respect to pool fences (Section 17.11 of the UBC and Section 5.1(7) of the swimming pool ordinance). She expressed concern that the fence around her neighbor's pool had not been inspected, and reviewed what has transpired over the past two months with respect to the fencing, explaining that the fence now seems to be child proof. She stated Page No. 3132 October 1, 1991 that she feels that the pool ordinance should allow a maximum 4 inch spacing between fence boards to prevent small children from passing through a fence, and that the requirement should be applied to all pool fences regardless of when they were built. Mayor Mertensotto stated that he would not support retroactive enforcement of such a provision, unless there is a real problem which would warrant the cost, and that he is surprised that the building code permits 6 inch spacing. He agreed that toddlers could get through a 6 inch opening. Administrator Lawell stated that in this particular case, the citation on the building inspection card indicated that the Losleben fence was not inspected when the pool was built. He pointed out that ordinarily, the pool builder or owner calls the inspection department when the project is completed to request a final inspection, but that apparently in this case neither the contractor nor the owner called for the inspection. Councilmember Cummins stated that he is not entirely sure that the 611 requirement in the UBC is inadequate and that he is not aware of any instances where a child drowned as the result of getting through a six inch opening. He further stated that the UBC is designed for safety. He pointed out that Council recently approved a wrought-iron fence around a swimming pool, and stated that he believes that type of fencing are constructed with five to six inch spacing. Mrs. Wild stated that the openings on the Losleben fence were seven inches, and that her two youngest children got through the fence. She stated that a two year old could get through a six inch opening. Councilmember Koch stated that she would see no problem in trying to be more progressive by setting a measurement of four to four and one-half inches, and pointed out several communities which allow those measurements as maximum openings. She disagreed with the retroactivity suggestion. Councilmember Smith asked if there is a time limitation for fence construction after pool completion. Administrator Lawell responded that the perception is that when a pool is inspected the home owner is Page No. 3133 October 1, 1991 told not to fill the pool until after a fence is constructed and inspected. Mayor Mertensotto stated that the home owner should be alerted at the time of permit issuance that a pool cannot be filled until adequate fencing is installed around it. It was the consensus of Council to direct staff to research the requirements of other communities and to prepare a draft amendment to the pool ordinance to allow a four to four and one -half inch maximum opening between the pool fence boards. ADOPT -A -PARK Council acknowledged a report from Administrative Assistant Batchelder recognizing a number of businesses and individuals who volunteered to participate in the Adopt -A -Park program, which obligates the participants to two cleanups per year in a park of their choice for a two year period which began this past spring. On behalf of the Council Mayor Mertensotto commended all of the participants for their commitment and volunteer service and presented certificates to Park Adopters Jennifer Kirk and Gopher State One Call Service (for Roger's Lake Park), Steve Ivaniszyn and the Rotary Club of West St. Paul /Mendota Heights (for the north half of Valley Park), Robert Suchomel and Tracy Schabacker (for Wentworth Park), Glenn Wiessner and Wiessner (south half of Valley Park), Jim Dzik and Mendota Heights Taxidermy (Victoria Highlands Park), and Stephen Hunter, D.D.S and family, Centre One Dental (Marie Park). LERBS RECOGNITION In recognition of his retirement as Assistant Fire Chief, Mayor Mertensotto presented William Lerbs with a plaque expressing Council's appreciation for his dedication and service. HEALTH WEEK Councilmember Cummins moved adoption of Resolution No. 91 -71, "A RESOLUTION PROCLAIMING THE WEEK OF NOVEMBER 8 -15, 1991 AS MINNESOTA CHEMICAL HEALTH WEEK ENCOURAGING CITIZENS TO COMMIT TO THE REDUCTION AND PREVENTION OF DRUG AND ALCOHOL ABUSE." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Page No. 3134 October 1, 1991 ATHOLIC CEMETERIES Mr. John Louris, Assistant Superintendent of CASE NO. 91-29 Resurrection Cemetery, was present to request approval of two variances for a directional sign. He explained that fencing will be installed on the property line to close the existing main entrance to the cemetery on October 15th and that variances are requested to allow installation of a directional sign on the fence for one year (temporary sign and setback). A second sign will be temporarily placed in the center island just inside the main entrance, to notify individuals that the main entrance will be permanently relocated. Councilmember Cummins moved to approve variances to allow a temporary directional sign on the property line at the Resurrection Cemetery main entrance (installed on the fence) for one year. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-34, Mr. Nick Cheesebrow was present to request approval CHEESEBROW of a 21411 front yard setback variance to allow him to replace his existing single car garage with a two-car garage on his corner lot at 594 W. Marie Avenue. The new garage would be 27 feet, eight inches from his lot line on Callahan Place, and would be accessed from Callahan. He informed Council that if the variance is approved, the driveway on Marie Avenue will be eliminated. Councilmember Cummins moved approval of a 21411 front yard setback variance to allow construction of a garage 27 feet, eight inches from the east property line at 594 West Marie Avenue. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-36, KING Mr. Larry King was present to request approval of a conditional use permit for an accessory structure on a through lot, along with a 171311 rear yard setback variance and 21 height variance, to allow expansion of an existing detached garage at 5 Beebe Avenue. Mr. King informed Council that at some future time he plans to connect the house and garage by an underground tunnel/walkway. Mr. King stated that he agrees to the Planning commission condition that he submit and receive approval of a drainage plan by City staff prior to construction of the expansion. Page No. 3135 October 1, 1991 Councilmember Smith moved adoption of Resolution No. 91 -72, "A RESOLUTION GRANTING A CUP FOR ACCESSORY STRUCTURE AND VARIANCES AT 5 BEEBE AVENUE," subject to submission and approval of a drainage plan prior to construction. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91 -37, Mr. Larry Keithahn was present to request approval KEITHAHN of a 216" rear yard setback variance to allow construction of a family room /basement addition at 697 Decorah Lane. Councilmember Cummins moved approval of a 216" rear Public Works Director Danielson stated that Mr. Brassard has submitted a petition and waiver of hearing for the project. He further stated that a feasibility report for the second phase of the project will be completed this winter, and a public hearing will be conducted at that time. Distribution of the costs for Phase I which are not attributable to improvements serving Mr. Brassard's property will be discussed at the Phase II hearing. Councilmember Koch moved adoption of Resolution No. 91 -73, "RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STORM SEWER IMPROVEMENTS TO SERVE 1205 SYLVANDALE ROAD AND ADJACENT AREAS (IMPROVEMENT NO. 91, PROJECT NO. 6A)." ,-Ayes: 4 Councilmember Smith seconded the motion. Nays: 0 yard setback variance at 697 Decorah Lane to allow construction of a family room /basement addition 27 feet, four inches from the rear property line. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 IVY FALLS CREEK Council acknowledged and discussed a feasibility IMPROVEMENTS, PHASE I report on proposed Ivy Falls Creek storm water improvements (phase one) to serve 1205 Sylvandale Avenue and adjacent areas. Public Works Director Danielson informed Council that he has sent letters to adjacent property owners and has scheduled a meeting on Wednesday evening, October 2nd to update contiguous property owners on the entire creek project. Mr. Jack Brassard, 1205 Sylvandale, stated that he has reviewed the feasibility report and supports the improvement proposed. Public Works Director Danielson stated that Mr. Brassard has submitted a petition and waiver of hearing for the project. He further stated that a feasibility report for the second phase of the project will be completed this winter, and a public hearing will be conducted at that time. Distribution of the costs for Phase I which are not attributable to improvements serving Mr. Brassard's property will be discussed at the Phase II hearing. Councilmember Koch moved adoption of Resolution No. 91 -73, "RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STORM SEWER IMPROVEMENTS TO SERVE 1205 SYLVANDALE ROAD AND ADJACENT AREAS (IMPROVEMENT NO. 91, PROJECT NO. 6A)." ,-Ayes: 4 Councilmember Smith seconded the motion. Nays: 0 Page No. 3136 October 1, 1991 iKENSINGTON GRADING Public Works Director Danielson reviewed his memo regarding the grading of the Kensington area. He informed Council that the developer's agreement with Centex is close to being executed and that Centex intends to begin grading as soon as it is signed. City staff has approved a grading plan submitted by Centex. Centex has offered to include the mass grading for the north and south park areas with their project, and in response, staff prepared a plan for how the park area should be graded. (Copy of the plan was attached to the memo.) Mr. Danielson stated that the normal cost estimate for grading is $1.00 per cubic yard, and that Centex has received a quote of $0.90 from its contractor. Centex has offered to do the grading on the parks for the City for $15,000, which equates to $0.55 per cubic yard. Mr. Danielson stated that he feels that the rate is very good and asked for Council direction to authorize the mass grading by Centex. Responding to a question from Mayor Mertensotto, he stated that the soccer fields will be very flat, and that Centex has already put silt fences in place. Mayor Mertensotto expressed concern over the potential that unstable fill material might be used to fill low areas after excavation. He was most concerned that the City will not have soil available in the future and will need to buy fill to replace unstable material. Councilmember Cummins asked what will occur if the contractor finds peat and bad materials. Mr. Danielson responded that the City will do soil borings this week to determine what the possibility of bad soil is. At this point, Centex is proposing to strip all the bad soil. Mayor Mertensotto cautioned that staff must make sure that there will be adequate fill to put back into the sites without having to buy it. Councilmember Cummins responded that even if there is extra City expense at the end, the Centex proposal appears to be very favorable to the City. Administrator Lawell stated that the City will want to make certain that the black dirt that is on City property remains on City property, and that staff will inspect the grading closely. Page No. 3137 October 1, 1991 Councilmember Cummins moved to authorize an expenditure of up to $15,000 for the grading of the Kensington parks by Centex, the cost to be financed by the second part of the referendum issue. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to closed session for discussion on pending litigation. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:43 o'clock P.M. Mathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL October 1, 1991 Excavatinq,Licenses Eagle Contracting Kuper Excavating Co. General Contractors Licenses Anderson-Soderman, Inc. Fabcon Incorporated Hoffman Builders Leo's Remodeling & Construction