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1990-04-03 Council minutesPage No. 2764 April 3, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 3, 1990 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 Anderson, Blesener, and Hartmann. Councilmember Cummins had notified the Council that he would be late. AGENDA ADOPTION Councilmember Hartmann moved adoption of the revised agenda for the meeting as amended to move the Sibley Park Agreement consideration to section 8 of the agenda. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Hartmann moved approval of the minutes of the regular meeting with correction. Councilmember Blesener 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 February 29th Planning Commission meeting. b. Acknowledgment of the code enforcement monthly report for March. c. Approval of a wetlands permit for Heaver Design and Construction (McManus, Case No. 90 -07), to allow construction of a residence on Lots 1, 2, 15, and 16, Block 2, T.T. Smith's Subdivision No. 3, conditioned upon grading being completed as shown on the submitted grading plan. d. Approval of a wetlands permit for Heaver Design and Construction (Case No. 90 -08) Page No. 2765 April 3, 1990 to allow construction of a residence at 685 Brookside Lane, Lot 4, Block 2, Ivy Falls Creek Addition on the condition that no fill be allowed north of the existing 864 foot elevation as shown on the grading plan. e. Approval of the hiring of Shawn Sanders as a temporary full -time engineer at a starting pay rate of $10.00 per hour. f. Adoption of Resolution No. 90 -15, "RESOLUTION APPROVING LIMITED USE PERMIT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MENDOTA HEIGHTS FOR A PEDESTRIAN WALKWAY," the walkway to be adjacent to T.H. 110 between Dodd Road and Crown Point and adjacent to Dodd Road between T.H. 110 and the Mendota Heights Standard. g. Adoption of Resolution No. 90 -16, "RESOLUTION REQUESTING A VARIANCE TO THE M.S.A. STANDARDS FOR MARIE AVENUE (T.H. 149, DODD ROAD TO DELAWARE AVENUE) M.S.A. PROJECT NO. 140 - 101 -01 (IMPROVEMENT NO. 89, PROJECT NO. 6B)." h. Approval of the list of contractor licenses dated April 3, 1990 and attached hereto. i. Approval of the list of claims dated April 3, 1990 and totaling $162,147.29. j. Approval of the permanent appointment of Patrol Officer David Olson. k. Adoption of Resolution No. 90 -17, "RESOLUTION APPROVING FINAL PLAT FOR BIRCH ADDITION." 1. Adoption of Resolution No. 90 -17A, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, AND STREET CONSTRUCTION TO SERVE MENDOTA WOODS AND ADJACENT AREAS (IMPROVEMENT NO. 89, PROJECT NO. 7)." Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 Page No. 2766 April 3, 1990 Councilmember Cummins arrived at 7:40 P.M. VOLUNTEER WEEK Councilmember Hartmann moved that the week April 22nd be proclaimed Minnesota volunteer Week. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 SIBLEY PARK Councilmember Blesener reviewed the background AGREEMENT of the proposed Sibley Park agreement for the Council and audience. She informed Council that the agreement was unanimously approved on April 2nd by the District 197 School Board and also informed Council that several people were present to discuss the matter. Park Commission Chair John Huber stated that the Commission supports the agreement and feels that it is fiscally prudent and that the risk to the City is minimized as much as possible in the agreement. He informed Council that not all playfield development funds are being used. He also stated that the Sibley Park is part of the overall City plan for ballfields. Mr. Dick Spicer, member of the Park Commission and the Mend Eagan Athletic Association, and also a member of the agreement's negotiating committee, also was present to support the agreement. He stated that the parties to the agreement must have trust. He pointed out that there are many joint agreements in the metro area. He also stated that one of the representations made to the residents in the City's referendum brochure was that an athletic facility would be constructed in conjunction with Sibley High School. Patrice Bataglia, School Board member, stated that she is extremely proud to be a Mendota Heights resident and proud that the city is willing to be a leader in shared city/school district facilities. She felt that there is a definite need for the facility. School Board member Bob Doffing stated that he feels the agreement is good and that it is fair to all parties. He further stated that the School Board is enthused about the facility. Page No. 2767 April 3, 1990 Councilmember Anderson stated that the city is bringing a great deal of improvement to the land and that he is concerned over potential risk to the city over the large capital investment in the near future. He expressed concern that whenever there is a budget shortfall, it seems that sports is the first activity considered for cutting. He felt that the type of facility being proposed would be an easy mark for budget cutting. He pointed out the City Attorney's concerns over insurance and liability risk. He stated that the city would be assigning the facility maintenance responsibility to the District and yet the City may be open to liability. He was also concerned over the priority of scheduling - from 7:00 A.M. to 6:00 P.M. every week day for ten months of the year the School District has the fields scheduled, along with four hours on Saturday during those months. He stated that the City, with a very small budget, is bringing a great deal to the arrangement and there is no provision as to how the City would regain its capitol investment if the agreement falls apart. Mayor Mertensotto stated that the School District has agreed that it will provide liability insurance and that the City will be a "named insured", so it does not appear that the City would have any liability. Responding to the City Attorney's concern over dispute resolution, Mayor Mertensotto stated that he does not think an agreement could be written that would cover every potential issue. He further stated that he would like to see both parties act in good faith and allow some room for interpretation of the agreement in the future if need be. Responding to Councilmember Anderson's concerns, Mr. Doffing stated that it is true that in the past when budget crunches occurred, cuts in funding for athletics were threatened because the district must first provide good education. He stated that the district is required by the state to have a physical education program, and that the budget for coaches is included in the general fund, and other costs are supported by an operations fund. He informed Council that no cuts are ever made except in the general fund. Page No. 2768 April 3, 1990 Councilmember Cummins stated that he shares Councilmember Anderson's concerns. He felt a good case could be made that the initial City investment is not as well protected as he would like. He felt that the City would be making a good investment if the agreement runs for the full 40 year term. He stated that he would like to see strong language with respect to day to day management issues, including a 6 member committee of citizens being appointed. He felt that this mechanism, a less official body to deal with day-to-day problems, may prove helpful in the future, and asked if the School District would be agreeable to implementing such an approach if the need someday arises. He felt that the rewards of the proposal outweigh the risks and that it is a good, fair agreement. Councilmember Hartmann stated that he hopes the parties will act in good faith, and that while he has concern that there is a certain amount of risk it should be possible for both parties to benefit. Councilmember Blesener moved to approve the agreement for the joint athletic facility with the School District and authorize its execution by the Mayor and City Clerk. Mayor Mertensotto seconded the motion. Ayes: 5 Nays: 0 DUGGAN EASEMENT Mayor Mertensotto opened the meeting for the VACATION purpose of a public hearing on an application from Ultan Duggan for the vacation of a drainage and utility easement between Lots 6 and 7, Block 3, Copperfield 3rd Addition. Mr. Duggan informed Council that he built his home across the lot line between his two lots and that there is an easement over the interior lot lines. Mayor Mertensotto pointed out that staff has indicated there is no City need for the easement. He asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing Page No. 2769 April 3, 1990 be closed. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 90 -18, "RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 CENTEX EASEMENT Mayor Mertensotto opened the meeting for the VACATION purpose of a public hearing on an application from Centex Homes for the vacation of a drainage and utility easement on Lot 7, Block 2, Kensington P.U.D. Mr. Kevin Clark, representing Centex, stated that when the property was surveyed, the surveyor made an error in locating the perimeter of a building and as the result, one of the manor home decks encroaches on the easement. Responding to'a Council question, he stated the encroachment is just over a foot in width and less than five feet in length. 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 Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Anderson moved adoption of Resolution No. 90 -19, "RESOLUTION APPROVING VACATION,OF A DRAINAGE AND UTILITY EASEMENT." Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 MCMANUS ALLEY VACATION Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Mr. Tim McManus for the vacation of an alley between Lots 1 -6 and 11 -16, Block 2 of T.T. Smith's Subdivision No. 3. Mr. McManus informed Council that as a condition of approval, staff has asked that he grant an easement to the City for a bike trail across a portion of Lot 1. He asked for clarification of the issue that consideration for granting the easement is $1.00 and four trees to be placed in an area of his choosing. Page No. 2770 April 3, 1990 Public Works Director Danielson responded that staff recommends providing four trees out of the tree planting program. He also stated that he understood that the trees would be planted along the trail. Councilmember Blesener expressed concern that the city might be setting a precedent. Mr. McManus responded that he is giving up a certain amount of privacy of his property for the trail to the benefit of the community. He further informed Council that when Brookside Lane was being constructed there was a large amount of debris to be removed and he allowed the City to use his property, thereby saving the City money. He stated that when the street area was graded some of his trees were knocked down. Responding to a question from Mayor Mertensotto, Mr. Danielson stated that residents pay $50 per tree for trees made available through the boulevard tree planting program. Councilmember Blesener pointed out that Mr. McManus is talking about property damage to his property because of the improvement project and not because of the trail. Mayor Mertensotto informed Mr. McManus that if he feels his property was damaged because of the improvement project, the City could compensate him in amount equal to the cost of the trees. Mr. McManus responded that he wants his yard restored to its original condition. Councilmember Blesener stated that while she could see giving Mr. McManus some priority in the tree planting program, she feels the Council would be setting a precedent if it gave him trees in return for the easement. Mayor Mertensotto pointed out that staff has recommended approval of the vacation conditioned upon Mr. & Mrs. McManus dedicating the trail easement. He suggested that Mr. McManus file a claim for damages and the Council will work something out with respect to the trees. Page No. 2771 April 3, 1990 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 Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 90-20, "RESOLUTION APPROVING VACATION OF A STREET RIGHT -OF- WAY," on the condition that the document not be executed by City officials until the applicant submits a signed trail easement to the city. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 HEARING - DODGE NATURE Council acknowledged a letter from the Dodge CENTER Nature Center requesting that the continued hearing scheduled on its application for conditional use permit be continued. Councilmember Blesener moved that the hearing on the Dodge Nature Center's application for conditional use permit for a planned unit development be continued to 7:45 P.M. on May 1st. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 CASE NO. 89-40, FRYE Mr. Richard Frye was present to request approval of his application for critical area variance to allow construction of a swimming pool addition to his house located at 1845 Hunter Lane. Mr. Eric Miller, legal counsel for the Fryes was also present. Mr. Frye stated that he has contacted their neighbors to the south, Mr. & Mrs. Paul Katz, and have reached a mutual agreement. He informed Council that the conditions on exterior construction materials and a restriction against planting of trees in the 20 foot bluff as requested by the Katz's but do not agree with their suggested change in roof pitch. Public Works Director Danielson informed Council that Mr. & Mrs. Katz had requested that a condition be placed on the variance that the roof pitch be changed from a slope of Page No. 2772 April 3, 1990 3:12 to 4:12, but that this condition is not recommended by staff. With respect to the Planning Commission condition over fill placement, Mr. Frye informed Council that no fill will be placed in the setback region by the bluff. Mr. Miller informed Council that he has prepared a proposed motion which speaks to the three issues. He stated that the Planning Commission recommendation on the trees was vague and that his proposed motion puts more definition on what it means. It is exactly 20 feet from the bluffline to the house, and the applicants do not wish to have an argument that if one of the mature trees dies he could replace it. Mayor Mertensotto pointed out that it appears that the intent of the condition is to not block the view. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Anderson moved that the hearing be closed. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved to grant a 22 foot variance to the critical area bluffline setback requirement subject to the following conditions: that the exterior construction material of the proposed addition matches the existing house; that no fill be placed in the setback region by the bluff; and that no new trees or shrubs be planted that would block the view along the bluffline for the neighbors, which condition will not limit (a) the replacement of any dead, diseased or insect-infested trees, or rotten or damaged trees that present safety hazards, or (b) the planting of new trees or shrubs within six feet of building foundations, provided they are kept less than nine feet in height. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Page No. 2773 April 3, 1990 GARRON FEASIBILITY Mayor Mertensotto opened the meeting for HEARING (IMPROVEMENT the purpose of a public hearing on proposed NO. 84, PROJECT NO. 2) sanitary sewer, watermain, storm sewer and street improvements to serve the Garron property and adjacent areas. Engineer Klayton Eckles briefly reviewed the proposed project for Council and the audience. He informed Council that there will be several parcels of property affected if the project is ordered, including the non-dedicated Acacia Park Cemetery property. Mayor Mertensotto pointed out that there are some timing problems and that he would not be in favor of the project unless the developer is serious about developing his land. Engineer Eckles responded that the developer has plans to develop the site some time in the next year and that the staff recommendation is to hold off on construction of the project until there is an executed developer's agreement and all concerns have been addressed. The action proposed for this evening is the ordering of the improvements and authorization for preparation of plans and specifications. Mayor Mertensotto asked for questions and comments from the audience. Mr. Robert Knaus, representing Acacia Park Cemetery Association, stated that the position of the Association has been presented to Council in a letter from the Association's legal counsel, Carl W. Cummins - that the cemetery property is exempt from taxes and assessments. He stated that the land proposed to be assessed is not zoned for cemetery plots but is tax exempt and is used for cemetery purposes. City Attorney Hart informed Council that he has spoken to Mr. Cummins and he indicated that he did not believe there would be any objection to a deferred assessment. Mayor Mertensotto stated that Council does not want to infer that just because the Association is saying they are using the land for cemetery purposes they have cemetery zoning for the property, which is not the case. Page No. 2774 April 3, 1990 Mr. Hart responded that Mr. Cummins acknowledged that the land in question is not zoned for cemetery purposes but was giving his opinion as to what he thought the Association would agree to. Responding to a question from Council, Mr. Steve Gage, representing Garron, stated that he will advance to the City the costs for preparation of plans and specifications if the feasibility escrow does not cover City costs. There being no further questions or comments from the audience, Councilmember Hartmann moved that the hearing be closed. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 90 -21, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE THE GARRON SITE AND ADJACENT AREAS (IMPROVEMENT NO. 84, PROJECT NO. 2)." Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 CASE NO. 90 -05, Mayor Mertensotto opened the meeting for the FOTO MARK purpose of a public hearing on an application from Foto Mark, Inc. for a conditional use permit for mining to remove more than 400 cubic yards of fill. Mayor Mertensotto asked whether the request is for moving more than 400 cubic yards of dirt and also site grading plan approval. Public Works Director Danielson responded that the request is for approval of a grading plan showing the removal of approximately 10,000 cubic yards of dirt. Mike Meagher, representing Foto Mark, stated that most of the material is black dirt and that his firm has not made arrangements on what to do with the dirt as yet. The Council suggested that Mr. Meagher consider the City as a priority for receiving black dirt for use in park construction. Councilmember Blesener asked whether special Page No. 2775 April 3, 1990 provisions need to be made for clean-up after grading. Mayor Mertensotto suggested that approval of the request be conditioned upon the applicant entering into a memo of agreement with the City outlining the city's requirements, including clean-up. Mr. Meagher stated that his firm wishes to remove the dirt so that it can construct an addition on the existing building sometime this year. He further stated that people will be invited to come and take fill so that his firm does not have to bear the cost to remove it. Public Works Director Danielson was directed to prepare a memo of agreement for review by Council at the April 17th meeting. Councilmember Hartmann moved to continue the hearing on the Foto Mark application for conditional use permit to April 17th. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 CENTEX A memo from Administrative Assistant Batchelder informing Council that the Centex public hearing scheduled for this evening anticipated a Planning Commission recommendation from their March meeting was acknowledged. The Commission continued their hearing until April, therefore the Centex hearing scheduled on this evening's agenda was recommended to be continued to May 1st. Councilmember Cummins moved that the Centex hearing for rezoning, conditional use permit for planned unit development, and wetlands and preliminary plat consideration be continued to May 1st. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 ACQUIRED PROPERTY Council acknowledged and approved a recommendation from Engineer Eckles to deny a request from John Winzig for salvage and clean-up rights for 2161 Highway 55. Page No. 2776 April 3, 1990 FIRE DEPARTMENT Council acknowledged a brief memo from Fire Chief Maczko regarding the Fire Department's plan to use two City owned houses on Highway 55 for training exercises. Mayor Mertensotto stated that Council should have more information relative to the Fire Department plans for house burning and such activity should have prior council approval. Councilmember Blesener agreed, pointing out that before the last similar activity occurred, property owners in the area were notified and Council placed restrictions on the activity. Administrator Lawell responded that additional information will be provided to Council before the proposed exercise occurs. JANITORIAL SERVICES Council acknowledged a memo from Administrator Lawell regarding janitorial services for the fire station and public works garage. Mayor Mertensotto recommended that the City Hall janitorial service not be diluted by shifting hours to the other facilities. He felt that the fire department and public works department should jointly or individually get a part-time janitorial person rather than having City Hall maintenance person Lambert Derks travel between facilities and try to keep all of them maintained. After further discussion, it was the consensus that the City advertise for a part-time person to do building maintenance for the fire and public works buildings. WATER MANAGEMENT PLAN Council acknowledged and discussed a memo from Public Works Director Danielson regarding preparation of the Local Water Resources Management Plan. He informed Council that although it was originally intended that the Dakota County Soil and Water Conservation District prepare the plan, because of reduced staffing at the SWCD, he recommends that preparation of the plan be awarded to the next lowest bidder, BARR Engineering. He informed Council that BARR has completed a number of projects in and around the City, including the Inver Grove Heights plan. Councilmember Hartmann moved that staff be directed to prepare an agreement with BARR Page No. 2777 April 3, 1990 Engineering for completion of a Water Resources Management Plan for a price not to exceed $39,000, that the agreement with the SWCD be cancelled and staff be directed to so notify the SWCD. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 TRAIL PLANS Council acknowledged and discussed the proposed plans and specifications for trail construction. Councilmember Blesener asked that staff explore the possibility of constructing a trail connection from the end of Aztec to the proposed Friendly Hills trail. Councilmember Blesener moved approval of the plans and specifications for trail construction and authorization for advertisement for bids to be received on May 4th. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 AIR NOISE Council acknowledged memos from Administrator Lawell regarding appointments to the MAC blue ribbon task force on aircraft noise. Councilmember Cummins moved that Mayor Mertensotto and Administrator Lawell be appointed to the MAC task force and that Joe Maegher and Administrative Assistant Batchelder be appointed as alternates. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Council acknowledged a draft of a letter to Jeff Hamiel, MAC Executive Director. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 Page No. 2778 April 3, 1990 TIME OF ADJOURNMENT: 9:23 o'clock P.M. K thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor