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1991-06-04 Council minutesPage No. 3016 June 4, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 4, 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, and Smith. Councilmember Koch had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting, further revised to delete item 5j, Fire Department fee schedule. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the May 21, 1991 regular meeting with correction. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the May 28th Planning Commission meeting. b. Acknowledgment of the code enforcement monthly report for May. c. Approval of the installation of lightning protection at the three Mendakota Park structures, authorizing issuance of a purchase order to Thompson Lighting Protection for $1,090 and change orders, not to exceed $500, to the electrical and painting subcontractors for installation and painting of conduit. Page No. 3017 June 4, 1991 d. Acceptance of a donation of three portable cellular telephones from U.S. West NewVector. e. Acceptance of a donation of $5,000 from the Mendota V.F.W. Post 6690 to the Volunteer Fire Department. f. Approval of a request from Kim Blaeser for a three month unpaid leave of absence. g. Approval of a wetlands permit for Mr. Gary Hagstrom to allow construction of a deck within 73.5 feet of the wetlands area at 2249 Pond Circle West, along with waiver of public hearing. (Case No. 91-14) h. Approval of a wetlands permit for Mr. John Gregoire to allow construction of a deck within 75 feet of the wetlands area at 2452 Pond Circle East, along with waiver of public hearing. (Case No. 91-13) i. Approval of a wetlands permit for Mr. Duane Skar to allow construction of a fence to within 33 feet of the wetlands area at 2491 Pond Circle West, along with waiver of hearing. (Case No. 91-16) j. Approval of the list of contractor licenses dated June 4, 1991 and attached hereto. k. Approval of the list of claims dated June 4, 1991 and totalling $140,823.79. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0. PUBLIC COMMENTS Mr. Joe Maegher was present to complain about increased air noise over his neighborhood. Mayor Mertensotto informed him of the air corridor resolution adopted on May 21st and the MAC response. Mr. James Losleben stated that there is no spirit of cooperation between the FAA and the city. If there were cooperation, planes would be kept in the corridor on clear days. Mr. Virgil McQuay stated that the people surrounding O'Hare airport won a major lawsuit, and suggested that someone get a copy of the suit. Page No. 3018 June 4, 1991 Councilmember Cummins suggested that the State, when negotiating the terms of the Northwest $300 million bond issue, should impose the condition that Northwest agree to an accelerated schedule for diminished use of stage two aircraft. Councilmember Cummins moved adoption of Resolution No. 91-29, "A RESOLUTION CALLING FOR THE INCLUSION OF AIRCRAFT NOISE ABATEMENT MEASURES AS PART OF THE STATE FINANCIAL ASSISTANCE PACKAGE TO NORTHWEST AIRLINES," and to direct staff to submit the resolution, with a cover letter from Mayor Mertensotto, to the Governor, State Executive council, MAC, all state legislative committees reviewing the Northwest financing package and all relevant legislators, Minnesota's federal congressmen, particularly Congressman Oberstar, and the Commissioner of Transportation, urging that the financing negotiations be used as an opportunity to discuss the worsening noise problem worse; to contact other affected communities to ask that they request that bonding for Northwest be tied to noise relief; and to direct a letter to FAA Tower Chief Griffith to get a commitment to stay within the corridor on non-simultaneous take offs, which does not warrant FAA approval and should be implemented immediately. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Administrator Lawell informed Council that staff has submitted press releases to the media regarding the MAC presentation scheduled at City Hall on June 18th. PUBLIC COMMENTS Public Works Director Danielson reviewed his report relative to assertions made by Mr. Virgil McQuay at the last Council meeting with respect to drainage and property damage. Mr. Danielson stated that the McQuay backyard drainage was affected initially when Mn/DOT constructed I-35E. He stated that Mn/DOT has agreed to survey Mr. McQuay's south property line at his request. When the surveying is completed, it will answer the question of whether the city pedway was constructed on right-of-way or on the McQuay property. Page No. 3019 June 4, 1991 Mayor Mertensotto asked Mr. McQuay what existed prior to I -35E. Mr. McQuay responded that prior to I -35E construction his property Page No. 3020 June 4, 1991 went to T.H. 110 but Mn/DOT took two-thirds of his lot. He stated that he filed suit against the state because the drainage ditch was not proper at that time, and the court ordered Mn/DOT to redo the drainage ditch. After this was done, he had no further trouble until last year when the pedway was built. He stated that he asked that Mn/DOT post the right-of- way so that they know whether the trail is on his land or the city's. He also stated that he filed a petition with the state three weeks ago to have NSP powerline removed from his property. Mayor Mertensotto informed Mr. Mcquay that the issues are engineering matters which cannot be resolved this evening. Mr. McQuay stated that city crews pulled some of the wood out of the drainage way. He also made allegations about the Police Chief. Mayor Mertensotto responded that the accusations were serious and that he will look into a response but that Council would not further discuss the issue this evening. HEARING: CLUB LIQUOR Mayor Mertensotto opened the meeting for the LICENSE RENEWALS purpose of a public hearing on applications for Club Liquor license renewals from Mendakota Country Club and Somerset Country Club. He 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: 4 Nays: 0 Councilmember Cummins moved to approve the renewal of Club Liquor licenses for Mendakota Country Club and Somerset Country Club. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HEARING: MARRIOTT Mayor Mertensotto opened the meeting for the LIQUOR LICENSE purpose of a public hearing on an application from the Courtyard Management Corporation for renewal of the Limited Service Hotel on sale liquor license and Sunday Liquor license for the Courtyard by Marriott. He then asked for questions and comments from the audience. Page No. 3021 June 4, 1991 There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Councilmember Blesener moved to approve the renewal of the Courtyard by Marriott on-sale and on-sale Sunday Limited service Hotel liquor licenses. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HEARING: MGM Mayor Mertensotto opened the meeting for the LIQUOR LICENSE purpose of a public hearing on an application from the MGM Liquor Warehouse for renewal of its off-sale liquor license. He then asked for questions and comments from the audience. Public Works Director Danielson reviewed the feasibility report for Council and the audience. He explained that staff looked at three options for sewer, one of which would bring sanitary sewer north, into the Mendota sewer line. He stated that the City of Mendota has indicated that it will cooperate and recommended this option. He then reviewed the proposed watermain location, and informed the audience that the city has offered Mendota a trade-off to bring water to Mendota in exchange for the sanitary sewer connection. He stated that he will be meeting with the Mendota City Council in the next week to discuss details of a service contract. He There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Councilmember Smith moved to approve the renewal of the MGM Liquor Warehouse off-sale liquor license. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 HEARING - ST. PETER'S Mayor Mertensotto opened the meeting for the CHURCH UTILITIES purpose of a feasibility hearing on the proposed extension of sanitary sewer and watermain to serve St. Peter's Church and adjacent areas. Public Works Director Danielson reviewed the feasibility report for Council and the audience. He explained that staff looked at three options for sewer, one of which would bring sanitary sewer north, into the Mendota sewer line. He stated that the City of Mendota has indicated that it will cooperate and recommended this option. He then reviewed the proposed watermain location, and informed the audience that the city has offered Mendota a trade-off to bring water to Mendota in exchange for the sanitary sewer connection. He stated that he will be meeting with the Mendota City Council in the next week to discuss details of a service contract. He Page No. 3022 June 4, 1991 also submitted the request to St. Paul Water and they have indicated that they will include Mendota as a rider on the city's contract. Mr. James Losleben, Director of Maintenance and Development for St. Peter's Church, and the Mr. Barney Hansen, the parish's administrator were present for the discussion. Mr. Losleben asked whether sanitary sewer oversizing is going to be charged against the church or if the church will only be paying for its need. Mr. Danielson responded that there is no oversizing - an 81, pipe is proposed and will handle the flows from the Garron and Acacia properties. It was pointed out that $37,000 assessment against unplatted Acacia Park Cemetery property and $150,000 against the Resurrection property is proposed to be supported by TIF but that the assessments will become hook-up charges at such time as the use changes or platting occurs. Mr. Losleben stated that St. Peter's Church representatives came to the City with a utility petition after having its own study completed by Toltz, King, Duvall, Anderson, and that the costs in the City study are about the same as the TKDA study. He further stated that the church needs to coordinate with Mn/DOT's Mendota Interchange improvements because the church property sits on rock and Mn/DOT will be working with rock in the area during its project. He stated that St. Peter's is ready to proceed with the project based on the feasibility study. Mr. Danielson informed Council that the City must enter into a joint powers agreement with Mn/DOT so that utilities are installed as part of the highway construction project. Responding to a question from Mayor Mertensotto, Treasurer Shaughnessy stated that the project will probably be assessed in 1993, depending on the Mn/DOT construction time- table. Mayor Mertensotto asked for questions and comments from the audience. Mrs. Jean Franson and Mrs. Mary Hartz, owners of property proposed to be assessed, stated Page No. 3023 June 4, 1991 that they have not seen the study but do understand what is proposed. Mayor Mertensotto directed that staff notify the Acacia Park and Resurrection Cemeteries that although their proposed assessments are proposed to be paid by tax increment financing, the Council has every intention of filing a lien against the properties so that the assessments will become collectible when the property develops. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 91-28, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS AND WATER TO SERVE ST. PETER'S CHURCH AND ADJACENT AREAS (IMPROVEMENT NO. 84-2A)." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HEARING - HNTB (MAC) Mayor Mertensotto opened the meeting for the NOISE MONITORS purpose of a public hearing on an application from Howard Needles Tammen & Bergendoff for the Metropolitan Airports commission for conditional use permit to locate two remote noise monitoring towers in Mendota Heights. Mr. Robert Vorpahl, Mr. John Foja and Mr. Eric Johnson, from the MAC noise department were present for the discussion. Mr. Vorpahl stated that MAC proposes to install noise monitoring towers in Friendly Hills and the Furlong area to monitor noise, and also to provide flight numbers and aircraft types to be sure that planes are flying in the flight corridor, and a multitude of other data. He further stated that MAC would like to discuss placing a third monitor in the City: the Planning Commission had suggested putting a monitor north of T.H. 110. He asked that City staff work with MAC to find an appropriate location. Mayor Mertensotto asked for questions and comments from the audience. Page No. 3024 June 4, 1991 Mr. Joe Maegher stated that he has been calling the MAC since 1986 every time he hears a plane and that MAC has been collecting data through phone calls for years. He asked the MAC representatives why they do not take the $1 million monitoring equipment budget and buy his house. Mayor Mertensotto responded that MSP is an intercity airport and people living around it will have airport noise. The only argument the City has is whether it is taking more than its fair share of noise. He pointed out that the noise monitors will answer that question and that the information will continue to be necessary after the corridor is shifted south. He suggested that the third RMS location should probably be in the Curley's Addition - the location should not be too far away from the corridor. Mr. Messervey, a Friendly Hills resident present for the discussion stated that the site on Mohican is his neighbor's. He asked that the RMS be sited on public property, where the former Mendota Water Company well was located. Public Works Director Danielson responded that the road has been extended to the south for Phase 4 of Bridgeview Shores, and that it may be possible to locate the monitor on the City lot. Mr. Vorpahl stated that there must be power and telephone hook-up available within 100 feet of the monitor, and it must be kept away from trees. Councilmember Blesener pointed out that the Furlong site is very low in relation to surrounding areas and asked whether the monitor can be placed on the City lot about a block northwest of the proposed site, across T.H. 55. Staff was directed to use its judgment in placing the monitors on City property so that they do not create problems for future use of the lots. Mr. Foja, MAC Noise Administrator, stated that the monitors will give MAC information to take to the FAA, and that he will be the manager Page No. 3025 June 4, 1991 for the permanent monitoring system. He pointed out that people are normally at a loss as to how to address problems to the FAA, and that the MAC representatives are present to collect data so that they can prove to the FAA that planes are flying out of the corridor. He informed the audience that MAC also needs the residents' phone calls and that they respond to what the residents say - when Mr. Foja gets a resident call, he calls the FAA. Many people have seen planes north of T.H. 110, and what this system will be able to do is radar -track data. MAC will submit that data to the FAA with suggestions on how to address it. The system will track 15 to 20 miles from the airport and will provide indisputable information recorded by the FAA's own equipment. The information will be compiled and presented to MASAC, and residents can come to Mr. Foja's office to look at or acquire the data. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 It was the consensus that the monitors be located on the former Mendota Water Company well -site and the City -owned Tousignant property on T.H. 55, and that Council would like a third monitor, to be located on the City lot in the Curley Addition. Councilmember Blesener moved to authorize staff to prepare a resolution granting approval to the remote noise monitoring systems based on the identified three sites, and to authorize the Mayor to sign the resolution. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91 -15, Mr. Fred Haas, from Marvin Anderson ANDERSON Construction, was present to request approval of amendments to wetlands setbacks granted for five lots in Block 1 of the Bridgeview Shores Second Addition. Mr. Haas stated that at the time the final plat and wetlands permits were approved he thought that all of the wetlands permits that were needed had been granted. As the result of recent surveying which was done Page No. 3026 June 4, 1991 to locate lot lines, it was discovered that the topos which were used for platting incorrectly located two of the wetlands on the plat. Wetlands permits were granted for seven lots at the time of platting, and because of the error, five of the lots cannot be developed without amendments to the wetlands permits because there is no room to build houses on the lots. Mayor Mertensotto asked if there will be problems with future decks if the amended permits are approved. Mr. Haas responded that the setbacks requested would be from the deck lines and there will not be a future problem. He informed Council that the new survey has moved the ponds 25 feet to the east. He stated that he has agreed to the Planning Commission setback recommendations - the proposed homes were anticipated to have three - car garages, and he will reduce those to two - car garages to meet the recommendation. All of the surrounding lots are owned by his firm. Mr. James Losleben objected to the request waiver of hearing. His lot is adjacent to Lot 8. Mr. Haas explained that the house pad for Lot 8 will not move at all and that all that will change from the original approval is the pond locations. He stated that the lots average 24,000 square feet of dry land and 12,000 square feet of water area. Councilmember Cummins stated that granting the setback requested for Lot 8 will only change with respect to the pond and will not change the home location. Councilmember Blesener that asked what options there are if Council defers the issue for public hearing, what further information would be presented. Mr. Losleben stated that Marvin Anderson has changed the level of the ponds by its development and if the level gets where it cannot run out it will destroy the trees. Mr. Haas stated that only two of the lots affect other property owners, Lots 7 and 8, and asked for approvals on Lots 3, 4, 11 and 12. Page No. 3027 June 4, 1991 Councilmember Blesener pointed out that the level of the ponds is under the control of the City, not the developer. Councilmember Cummins moved to approve the Planning commission recommendation for Lot 3 (50 feet), Lot 11 (88 feet) and Lot 12 (83 feet) and to conduct a public hearing on July 2nd to consider wetland permit amendments for Lots 7 and 8. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-12, Mr. & Mrs. Jay Bruber were present to request BRUBER approval of a wetlands permit to construct a swimming pool within sixty-seven feet of the wetlands area at 1852 South Lane. Mr. Bruber informed Council that he will meet the Planning Commission condition that he submit a landscaping plan. Councilmember Blesener moved to approve a wetlands permit to allow construction of a swimming pool and fence 67 feet from the wetlands area at 1852 South Lane,, conditioned upon submission of a landscaping plan. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 90-35, Mr. & Mrs. Ultan Duggan were present to DUGGAN request approval of a wetlands permit to allow construction of wrought iron fence within 19 feet of the wetlands area, adjacent to the scenic easement area, at 2331 Copperfield Drive. Council acknowledged staff reports and a letter of objection from Mr. Dick Putnam, adjoining property owner, on behalf of the Copperfield Architectural Review Committee. Mr. & Mrs. Duggan revii informing Council that type of fence from the chain link material to would be more pleasing Review Committee. awed their request, they have changed the originally proposed wrought iron so that it to the Architectural Councilmember Cummins stated that installing the fence right up to the scenic easement line is a material deviation from the norm in the area and would set a precedent. Page No. 3028 June 4, 1991 After discussion, Councilmember Blesener moved to direct staff to schedule a public hearing for July 2nd and to provide council with comparative information on wetlands permits in the area. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 SOCCER NEEDS Council acknowledged a report from Administrator Lawell regarding soccer field needs, a letter from the School District Superintendent authorizing the use of the field south of Sibley High School for soccer practice, and a letter from Keith Campbell, representing the Sibley Sting. Councilmember Cummins moved to direct staff to work with the School District in rescheduling the activities at the Sibley High School fields for the month of July and to authorize the purchase of two soccer goal sets in an amount not to Councilmember Ayes: 4 Nays: 0 exceed $1,200. Smith seconded the motion. ASSISTANT FIRE CHIEF Council acknowledged a memo from Fire Chief RESIGNATION Maczko informing Council that Assistant Chief Bill Lerbs has submitted his resignation as Assistant Chief effective on September 1st and proposing the process for selecting a new Assistant. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Councilmember Smith moved to accept with regret the resignation of Bill Lerbs from the Assistant Fire Chief position. Councilmember Cummins seconded the motion. Councilmember Blesener moved to proceed with the selection process as proposed by Chief Maczko, and to designate Mayor Mertensotto and Councilmember Smith as the Council representatives on the selection board. Councilmember Cummins seconded the motion. Councilmember Cummins commended Assistant Chief Lerbs for his tremendous work as Assistant Chief for the past five years. Page No. 3029 June 4, 1991 SOUTHEAST AREA City Planner Tim Malloy reviewed the final report on the scoping study phase of the Southeast Area study for Council. Mayor Mertensotto suggested that Council put the matter on hold until results of on-going negotiations with Centex are known. After discussion, Councilmember Blesener moved to accept final report on the scoping phase of the Southeast Area study dated May 31, 1991, with a correction. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 CAT CONTROL Council acknowledged and discussed a memo from Administrative Assistant Batchelder regarding a constituent request for a cat control ordinance. Council also acknowledged a memo from Police Chief Delmont and copies of ordinances relating to animal control. Mr. Ralph Johnson, one of the individuals who had requested the adoption of an ordinance, was present for the discussion. Mayor Mertensotto stated that the present animal control warden does not have the facilities or ability to apprehend and take custody of cats. He pointed out that the complaints would come to the police department and an officer would need to pick up a cat, write reports, and take the animal to a shelter, which would be a totally different cost measure. Mr. Johnson stated that, in a sense, he represents the Dodge Nature Center, and that birds in the area are disappearing because of cats. He stated that the cat problem is increasing and must be resolved sooner or later. He informed Council that he has been tracking birds in the area for 21 years and works with the bluebird program for the nature center. He further stated that his neighbor, John Mullins, has a problem with cats also, including cats fighting very early in the morning. He informed Council that he does not necessarily care to see another ordinance but that the problem, but that he knows whose cats are causing the problems and killing songbirds in his neighborhood. He has talked to the Page No. 3030 June 4, 1991 individual but that the person does nothing because there is no ordinance. Mayor Mertensotto pointed out that an ordinance that is not enforced is of no value and that he is concerned about the cost of a uniformed police officer providing enforcement. Councilmember Blesener stated that this is at least the third time people have come before Council to request cat regulations. She noted that other communities have come up with ways to address the problem and pointed out that the Police Chief has made a proposal for revising the nuisance ordinance to allow some type of control without having to assign an officer to catch cats. Mr. Johnson suggested that the problem is lack of information to the community on what cats are doing - something to tell cat owners that they must do something to control the problem. Mayor Mertensotto suggested that the issue be discussed again on July 16th, similar to a second reading of an ordinance as is done in some other communities, and that staff be directed to prepare a recommendation for an ordinance or revision to the nuisance ordinance with methods for enforcement. He further directed that staff get information out to the residents that Council is contemplating a cat control ordinance of some type. ZONING ORDINANCE Council acknowledged a memo from the City Clerk regarding processing of the Zoning Ordinance recodification and amendment. Councilmember Blesener moved to direct staff to publish notice and schedule a Planning Commission hearing for Zoning Ordinance recodification on June 25, 1991. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Smith expressed concerns over safety at the Hagstrom King Park basketball court. She stated that the area behind the court should be made more level and safer, and noted several other deficiencies which should be corrected. She also stated that part of Page No. 3031 June 4, 1991 the pedway between the two ponds is deteriorating and should be looked at. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned to closed session for discussion of the Centex litigation. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:13 o'clock P.M. K thleen M. Swanson City Clerk ATTEST: )�Z e. Jr Charles E. Mertensotto Mayor