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1991-05-07 Council minutesPage No. 2988 May 7, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 7, 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 Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the April 16, 1991 regular meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Mertensotto Councilmember Blesener moved approval of the minutes of the April 24, 1991 adjourned meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting, as amended to remove item 5f, 3M sign permit, and 5h, Smith wetlands permit to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the April 23, 1991 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for April. C. Authorization to advertise for bids for 1991 seal coating. Page No. 2989 May 7, 1991 d. Adoption of Resolution No 91-19, "A RESOLUTION APPROVING FINAL PLAT FOR ACG ADDITION," (Turner's Gymnastics site). e. Adoption of Ordinance No. 275, "AN ORDINANCE AMENDING ORDINANCE NO. 237 (CODIFIED AS ORDINANCE NO. 603),11 regarding solicitors and wagon vendors licensing. f. Approval of a wetlands permit for Dr. Jerry Wildenauer, 1859 Warrior Drive, to allow construction of a four foot tall vinyl clad chain link fence according to plans submitted with the application, along with waiver of the public hearing and fee requirements. g. Approval of the issuance of an off-sale non-intoxicating malt beverage license to Tom Thumb Food Stores and an on-sale non- intoxicating malt beverage license to Par 3 Golf, Inc. h. Approval of the list of contractor licenses dated May 7, 1991 and attached hereto. i. Approval of the list of claims dated May 7, 1991 and totalling $427,120.11. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 3M SIGN PERMIT Councilmember Cummins moved approval of a sign permit for installation of two 4 by 8 foot 3M logo signs on the east and south sides of the 3M facility located at 2455 Lexington Avenue. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Smith CASE NO. 91-10, SMITH Councilmember Koch moved to approve a wetlands permit for Mr. & Mrs. Tom Smith to allow construction of a deck 65 feet from the wetlands area at 625 Hampshire Drive. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Smith Page No. 2990 May 7, 1991 RECYCLING AWARD Mayor Mertensotto acknowledged receipt of a plaque from Dakota County recognizing the Mendota Heights residents' recycling accomplishments for 1990. MENDOTA WOODS Council acknowledged and discussed reports regarding the final plat for Mendota Woods and a tabulation of bids received for public improvements for the plat. Council also acknowledged receipt of the declaration of covenants, conditions and restrictions for the plat. It was the consensus of Council to require that section 3.16 of the covenants be modified to stipulate that attic insulation shall be sufficient to meet noise attenuation standards. Councilmember Cummins moved adoption of Resolution No. 91 -20, "RESOLUTION APPROVING FINAL PLAT FOR MENDOTA WOODS." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Koch Councilmember Smith moved adoption of Resolution No. 91 -21, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE MENDOTA WOODS (IMPROVEMENT NO. 89, PROJECT NO. 7)," awarding the contract to F.F. Jedlicki, Inc., for their low bid of $81,993.40. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Koch HEARING: FURLONG Mayor Mertensotto opened the meeting for the AREA IMPROVEMENTS purpose of a public hearing on proposed assessments for improvements to serve the Furlong Addition and adjacent areas. Council acknowledged receipt of the proposed assessment roll and a report from Engineer Klayton Eckles. Council also acknowledged receipt of a letter from Mr. and Mrs. Douglas Geier, 1309 Kendon Lane, in objection to the proposed assessment against their property. Engineer Eckles informed the Council and audience that the total project cost is anticipated to be about $250,000 less than the feasibility study estimate. Because of the Page No. 2991 May 7, 1991 savings, the residential assessments are proposed to be $1,500 to $2,000 less than the feasibility estimate, and the commercial/industrial properties will receive a similar savings. He explained that if the project is approved, the construction on the sanitary sewer, water, storm sewer and street reconstruction project will begin tomorrow. Mayor Mertensotto informed the audience that if the assessment roll is adopted, the assessments for underground utilities will be spread over a 19 year period and street reconstruction will be spread over a 10 year period, beginning with taxes payable in 1992. Interest on the assessments will be 8% per year on the unpaid balance, and full payments can be made to the City Clerk, without interest, until October 1st. He then asked for questions and comments from the audience. Mr. Robert Tousignant, 1300 Furlong Avenue, asked whether the square foot assessment for storm sewer is applied against land under water. Mr. Eckles responded that only useable land area is proposed to be assessed. Mr. William LeClaire, 1295 Lakeview, asked the status of natural gas installation. Mr. Eckles responded that NSP has indicated it will be willing to bring gas into the area, and that installation will probably begin in July. NSP will be contacting residents about hook-up soon. Public Works Director Danielson was directed to follow-up with NSP, informing NSP that the residents are of the understanding that gas will be installed this summer. Mr. Joe Perron asked about the lake level. Mr. Eckles responded that the lake should never get more than one foot higher than it is now - the level control device sets the maximum level at 835 MSL, but there is no control over how low the level can get. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 3 Nays: 2 Blesener Cummins Page No. 2992 May 7, 1991 Councilmember Koch moved adoption of Resolution No. 91-22, "RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATER, STORM SEWER AND STREET REHABILITATION TO SERVE THE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4),11 awarding the contract to C.W. Houle, Inc., for its low bid of $599,825.00. Councilmember Smith seconded the motion. Councilmember Blesener stated that she voted in favor of the project and awarding the contract but will not vote in favor of the assessment roll adoption. She further stated that she does not feel that tax increment financing is appropriate for residential properties where there is no hope of recapturing the investment and that she felt that the"project savings should,go to the TIF and the residential assessments should be at the $10,000 level originally anticipate Councilmember Cummins agreed. Councilmember Koch moved adoption of Resolution No. 91-23, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER, WATER, STORM SEWER AND STREET REHABILITATION TO SERVE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4).11 Councilmember Smith seconded the motion. Council acknowledged a letter from Mrs. Margaret Walker asking that Council waive the assessments proposed for 2370 Highway 55 (PIN 27-04100-016-36). Administrator Lawell informed Council that the property Mrs. Walker is referring to is the Margaret Perron estate, that no one is living on the property and Mrs. Walker lives out of state. Mrs. Walker has indicated that the assessment will be a hardship and asks for a deferment. She has indicated that the property was on the market but did not sell. Mayor Mertensotto directed the Administrator to contact Mrs. Walker and ask for specifics about what is contemplated for the property and whether it is currently listed. He pointed out that it may be possible to defer the assessment with the understanding that it Page No. 2993 May 7, 1991 will become payable upon the sale of the property. FURLONG CDBG POLICY Council acknowledged a report from the City Administrator regarding assessment abatement policies for Dakota County HRA block grant funding to assist in the abatement of Furlong Area assessments for low and moderate income households. Administrator Lawell explained that the CDBG program has been approved. The program will be handled by the HRA, who will receive applications from the residents. He explained that details on the program will be sent to the homeowners. The HRA plan would be to have a representative at City Hall on May 21st to accept applications from 3:00 to 7:00 P.M., or residents may call the HRA individually before May 21st. Mayor Mertensotto suggested that a deadline be set for May 31st at 4:00 P.M. for submission of applications. Councilmember Blesener moved to adopt the Assessment Abatement Policy and Procedures Guide relating to the use of CDBG funds for the Furlong Area public utility project and that the deadline for filing applications for CDBG funds be May 31st at 4:00 P.M. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 HEARING - U.S. WEST Mayor Mertensotto opened the meeting for the purpose of a continued public hearing on an application from U.S. West NewVector for a conditional use permit to construct a 16 by 52 foot mechanical utility building at the City's Public Works garage site, and installation of nine cellular telephone antennas on the City water tower. Mr. Bernie Wong, representing U.S. West, stated that his firm has agreed to changes in its original proposal. The location of the equipment building will be moved to run parallel to the public works facility so that the facility can be expanded in the future without interfering with the U.S. West building. Landscaping will remain as proposed on the east side of the drive for screening purposes, exterior material type, texture and color of the building will match the public works garage, and a 16 by 25 foot area of the Page No. 2994 May 7, 1991 proposed building will be provided to the City for storage. Heat will be exhausted and circulation will be vented to the City portion of the building from the U.S. West portion of the building. The eight-foot long panel antennas will be attached within the fluted valleys of the water tower and will be painted the same color as the tower. He submitted pictures of a painted antenna which was placed next to the tower and explained how the antennas are proposed to be attached to the tower. Councilmember Blesener asked whether council is allowed to designate specific use for the lease revenues. Mayor Mertensotto felt that the revenue should accrue to the water utility fund. Administrator Lawell stated that revenues could accumulate in the water fund and staff could keep track of the revenues. A transfer could be made in the future if it is desired. Mayor Mertensotto felt that section 4b of the lease agreement should be revised to provide that U.S. West notifies the City of changes in the CPI. Mr. Wong agreed to make the change. Councilmember Smith asked if the City could install heat or utilities if a use arose for its side of the building. Mayor Mertensotto pointed out that the agreement provides that excess heat will be exhausted to the City side. He stated that he does not want a dead- storage building which is not insulated and understood that U.S. West will have an environmental control unit on its side of the building. He asked that the word excess be removed from section 5c of the agreement and that cooling also be vented to the City protion of the building.. Mayor Mertensotto expressed concern about limiting radio interference to the lessor's property. He stated that there are 252 apartments within 1/4 mile of the public works site and asked if they would ever have interference. Mr. Littlejohn, legal representative for U.S. West, stated that there would be no interference and that he has submitted a letter to that effect. He informed Council that U.S. West is regulated by the FCC, which requires that U.S.West Page No. 2995 May 7, 1991 operate in such a manner that there is no interference. i Mayor Mertensotto asked Mr. Littlejohn if he has contacted the FAA,.pointing out that MSP airport may in time use microwave antennas. Mr. Littlejohn responded that U.S. West would certainly be willing to accept a condition that they could not use microwave transmission - a condition that U.S. West may not put more or different types of antennas on the property without the explicit consent of Council. He also stated that U.S. West will adjust its frequencies to comply with any requirements of the FAA, MAC or other agencies. It was agreed that the last line of paragraph 9 on Page 13 will be amended to read "hereafter may be issued by the FCC, FAA or MAC and with the Site Standards." Mayor Mertensotto stated that a provision should be made in the agreement whereby U.S. West must provide a certificate of insurance to the City annually. Councilmember Smith asked if there is a provision for insurance to protect the City in case the City would be sued for allowing the use. Mr. Littlejohn responded that the City will be named as an additional insured and as such, the insurance company would defend the City. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 91 -24, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT ALLOWING U.S. WEST NEWVECTOR TO INSTALL A CELLULAR PHONE ANTENNA ON THE WATER TOWER WITH ITS SERVICE STRUCTURE AT THE CITY'S PUBLIC WORKS GARAGE," amended to incorporate plans dated May 3, 1991 on file in Planning File No. 91 -07, and in accordance with the amended negotiated lease agreement. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Page No. 2996 May 7, 1991 Mr. Wong stated that U.S. West will amend the lease agreement in accordance with changes requested by the Council this evening. HEARING, CASE Mayor Mertensotto opened the meeting for the NO. 91-08, MUELLER purpose of a public hearing on an application from Mr. Thomas Mueller for a conditional use permit to construct a 400 square foot storage shed at 1975 Knob Road. Mr. Mueller stated that he proposes to locate the 20 by 20 foot storage shed on the north side of his existing garage, about 12 to 15 feet from the garage, and that the structure will be used for personal storage such as lawn mowers. Mayor Mertensotto noted that the Planning Commission had recommended approval on the condition that the shed be used for residential storage only. He stated that it is obvious that the intention of the Commission was to avoid the shed becoming storage for boats, etc., which would be more than would be contemplated in a residential area. Councilmember Cummins asked Mr. Mueller if he understands that he cannot operate his business out of the shed. Mr. Mueller responded that he understands the condition and that he is a self-employed carpenter. Mayor Mertensotto informed Mr. Mueller that the Council can revoke the conditional use permit if the condition is violated. He asked Mr. Mueller if he has provided a landscaping plan. Mr. Mueller responded that he has not prepared a plan but has a letter from the City that requires more screening. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Page No. 2997 May 7, 1991 QkFyj��# Councilmember Blesener moved adoption of Resolution No. 91-25, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT ALLOWING A STORAGE SHED AT 1975 KNOB ROAD." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 HEARING - HNTB Public Works Director Danielson informed Council that HNTB has requested that its Planning Commission hearing be continued to the May 28th, and he recommended that the Council hearing be continued. Councilmember Blesener moved that the HNTB conditional use permit hearing be continued to June 4th at 8:00 P.M. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 MENDOTA INTERCHANGE Mr. Earl Vanberkem, Mr. Bruce Libby, and Mr. Jack Crassey, from Mn/DOT were present to update Council and the audience on the status of the Mendota Interchange project. Mr. Vanberkem, reviewed plans for the project. He explained that the reason the project was originally planned was because the TH 55/13/110 interchange was the most congested interchange in the state, and the site of hundreds of accidents annually. Traffic has dropped considerably since completion of I- 494, however it is building again. The traffic count was 47,000 vehicles per day on the Mendota Bridge before 1-494 construction and it is projected to be 52,000 in the next few years. He explained the interchange plan and informed the Council that old T.H. 55 will become a continuous frontage road from Lexington to Mendota Heights Road. The frontage road on westbound T.H. 110 will become a road into Mendota. Old T.H. 13 will remain the same near the bridge. He stated that the project will be done in stages and the cost for the Mendota Bridge reconstruction will be $17 million. Mr. Libby stated that the project will be done in two stages, and the need to reconstruct the Mendota Bridge is what is driving the project. The first stage will start before the bridge work - Mn/DOT will build new roads including Page No. 2998 May 7, 1991 the balance of the T.H. 110 frontage road, new T.H. 13 from I -494 to T.H. 55. That part of the project will start in the spring of 1992, and in the fall the Mendota Bridge will be closed for two years. In the spring of 1993 the rest of the project will be constructed, and by the time the bridge is closed the T.H. 13/55 part will be completed. Councilmember Blesener asked if there will be a signalized intersection at Pilot Knob and new T.H. 13. Mr. Libby responded that none is planned now but conduit for future signals may be installed. Also responding to a question from Councilmember Blesener, Mr. Libby stated that there will be a trail on the north side of the Mendota Bridge and a narrow sidewalk on the south side. The north trail will hook up to a system along the frontage road and cross to the south frontage road to Pilot Knob Road to connect to the trail at Mendota Heights Road. Mr. Crassy stated that the bridge will be 92 feet wide, that the existing arches are sound but that the deck will be replaced and widened. There will be four 12 foot lanes and three foot medians with barriers in the center, 8 foot shoulders on the outside, an 8 foot pedway on one side and a four foot sidewalk on the other. He stated that the bridge must be shut down because of the way it was originally constructed, to save the integrity of the bridge. Mayor Mertensotto asked why the pedway is not being brought back to Lexington and T.H. 110. Mr. Vanberkem responded that the project did not originally include bikeways or walkways and that the shoulders on the north T.H. 110 frontage road can be used for walking or biking. Mr. Lawrence Culligan asked whether Mn /DOT feels that the s -curve design or cul -de -sac is better for Glenhill Road. He also asked if there will be increased cost if the s -curve design is built because of the need to realign sewer in Glenhill Road. Mr. Libby responded that the s -curve is very safe, a 5% grade, and that Mn /DOT would never have proposed it if it did not feel the design Page No. 2999 May 7, 1991 would be unsafe. He also stated that there will need to be sewer realignment in the s- curve design. Engineer Klayton Eckles stated that the realignment cost, estimated at $30,000 would be a City expense. Mayor Mertensotto pointed out that at the time the original line was installed, the City agreed to make any future changes at its own expense. The realignment cost would be a general City expense, as was the case with the Happy Hollow Bridge project. Mr. John Clemency asked if the frontage road must go to the east from the interchange north to the current frontage road. Mr. Vanberkem responded that this is part of the design that was approved as the result of a long process. Mn /DOT does not like to dead - end frontage roads, and the frontage road will provide better access for the neighborhood. Mn /DOT wants to connect into Mendota as much as possible with an off -road system and does not want a cul -de -sac but rather wants the frontage road to go through because it will allow flexibility. He further stated that the project plan is the last of many designs which at one time included a three level interchange. The off -road system planned will provide a low speed road for local traffic, bikeway, etc., and he does not feel it will have any adverse impact. He stated that there is no facility to change the project, pointing out that there are several Mendota Heights and Mendota homes which will get access by the frontage road, and that it will also provide access for emergency vehicles. Mrs. Joan Olin, a Mendota City Council member, stated that Mendota would very much object to dropping the frontage road and that it will be a great help to Mendota residents who now must ride their bikes on T.H. 110. She pointed out that it would be very dangerous to cross at the bridge to the south frontage road. Mr. Libby pointed out that the City of Mendota now takes a tremendous amount of water from the highway and that the frontage road will intercept the water. Mayor Mertensotto pointed out that this is not a public hearing but rather that Mn /DOT was Page No. 3000 May 7, 1991 invited to give an overview of the Mendota Interchange Project. Mrs. Linda Linsmaier asked Council to reconsider its action on the cul-de-sac versus the frontage road. Mayor Mertensotto stated that there is a large audience present and reconsideration of the action would just pit neighbor against neighbor. He pointed out that when the Glenhill area residents bought their properties there were two points of access but they are now asking for a cul-de-sac. Others are asking that two access points be retained. He further pointed out that the Mn/DOT representatives have just stated that there are greater concerns, including surface water drainage, than just the Culligan area in designing the project and the frontage road. Mn/DOT has planned the road design and Council would be hard-pressed, after nearly 50 years of planning, to say that the frontage road is not necessary. Mr. Libby stated that the frontage road is part of a bigger plan and that Mn/DOT has considered everything. He further stated that if the City had a border with a different community Mn/DOT would hopefully help both communities just as it is now trying to serve both Mendota Heights and Mendota. Mr. Jerry Shaughnessy stated that he feels it is time to bring the cul-de-sac back before the Council in a formal setting and to formally request that it be on an agenda. Mayor Mertensotto responded that at the present time there are two access points into the neighborhood, that safety of the s-curve was the issue at past discussions. Mn/DOT representatives have stated that there will be no problem designing a safe frontage road, and all that opening the issue again would do is pit neighbors against each other. Councilmember Cummins stated that he was inclined towards the cul-de-sac option but voted with the majority of Council to allow himself the ability to move to reconsider. His reaction after listening to the Mn/DOT presentation was felt that everyone is over- reacting to the traffic issue and pointed out that while his factor on the indicated that problem. Page No. 3001 May 7, 1991 biggest concern was the safety s-curve design, Mn/DOT has there will be no safety Councilmember Blesener stated that Council has been informed that the neighborhood had been notified that the discussion this evening would only relate to the Mn/DOT presentation on the Interchange Project. She stated that if there is to be any discussion on considering reconsideration of past action, tonight is not the time for it. Councilmember Smith stated that she would like to see traffic counts on Hunter and Glenhill and that she does not know which way people enter and leave the area. Mr. Thomas Gavin spoke in favor of reconfirming the dual access. Mayor Mertensotto informed the audience that Council made a decision several months ago to retain two access points and the action would not be reconsidered unless there is some over- riding concern from some members of the Council. He stated that there is no regulation requiring that there be a public hearing with respect to frontage road design. He pointed out that dual access is the best design from a planning standpoint and that Council's policy of dual access will stand. Mr. Jack Barber thanked Mn/DOT for designing a grade on Glenhill that is two percent safer than the grade on Hunter Lane. ST. PETER'S CHURCH Council acknowledged a report from the Public UTILITY EXTENSION Works Director regarding a proposed joint powers agreement with the City of Mendota relative to utility extension to St. Peter's Church. Mr. Danielson stated that at its last meeting Council received the feasibility report and discussed connection to the Mendota sewer which is a solution to serving St. Peter's Church. Council approved the study and directed staff to prepare the joint agreement. After brief discussion, Public Works Director Danielson was directed to present the agreement to the City of Mendota. Page No. 3002 May 7, 1991 TARGET ISSUES Discussion on 1991 City Target issues was tabled to May 21st. i COUNCIL COMMENTS Mayor Mertensotto stated that he has been contacted by Mr. Dale Johnson, 2349 Dodd Road regarding surface water problems. The matter was referred to the Public Works Director. Councilmember Koch stated that standing water on the Ivy Falls basketball courts which doesn't Public Works Director Danielson staff will prepare a report for meeting. there is Park drain away. stated that the next Councilmember Blesener stated that the Planning Commission should be asked to define what it wants and be more specific when recommending conditions - such as the condition for additional landscaping in the Mueller conditional use permit case. ADJOURN There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned to closed session for discussion on pending litigation. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:35 o'clock P.M. athleen K. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL May 7, 1991 Asphalt License Asphalt Specialties Co. Masonry Licenses McMillan, Dan-Masonry Neuharth Co., Inc. Progressive Concrete Const., Inc. Excavating Licenses Belair Builders, Inc. Bruhn Excavating Coppin Plumbing General Licenses Bjorklund Const. Co., Inc. Conway Construction, Inc. Hollenback & Nelson, Inc. Image Builders John-David Const., Inc. Loscheider Builders Miller, Nick-Contracting, Inc. Sirny Construction, Inc. Sterling Fence, Inc. Woodsmen Builders of MN Zimmerman Exteriors