1990-06-05 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, June 5, 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, Cummins and Hartmann.
AGENDA ADOPTION Councilmember Cummins moved adoption of the
revised agenda for the meeting.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Hartmann moved approval of the
minutes of the continued Board of Review
meeting held on May 15th and the minutes of
the May 15th regular meeting, with
corrections.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Hartmann moved approval of the
consent calendar for the meeting, amended to
remove item k., Furlong utility resolution,
along with authorization for execution of any
necessary documents contained therein.
a. Acknowledgment of the code enforcement
monthly report for May.
b. Acknowledgement of a proposed budget time
line.
c. Approval of a maternity leave of absence
for Maria Karels.
d. Approval of the developer's agreement for
the Mendota Woods subdivision.
e. Approval of a plat correction for the
Victoria Highlands 7th Addition and
authorization for the Mayor and City Clerk
to execute a Certificate of Correction.
f. Approval of a modified critical area site
plan for Lot 1, Block 2, Val's Addition,
to allow construction of a home on the lot
(1140 Orchard Circle).
g. Adoption of Resolution No. 90-30,
"RESOLUTION APPROVING FINAL PLAT FOR
SOMERSET OAKS."
h. Approval of an agreement with BARR
Engineering for preparation of a Storm
Water Management Plan, along with
authorization for execution of the
agreement by the Mayor and Public Works
Director.
i. Approval of the list of contractor
licenses dated June 5, 1990 and attached
hereto.
j. Approval of the List of Claims dated June
5, 1990 and totalling $155,311.04.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
VFW RECOGNITION on behalf of the City Council, Mayor
Mertensotto presented an appreciation plaque
to Vasatka-Goers VFW Post 6690 past Presidents
Dale Peterson and Lambert Derks, in
recognition of the significant support and
contributions made by Post 6690 to the City.
CUB SCOUT RECOGNITION Mayor Mertensotto recognized the efforts of
Cub Scout Den 4, the Bears of Pack 198,
members Roger Bailey, Jason Rhode, Brian
Tuohe, Patrick O'Brien and Grant Nosbush,
Scout Master Greg Bailey and Earth Week
Coordinator Mary Ann Bailey for their efforts
in cleaning up debris from the Wentworth Park
during Earth Week.
PROCLAMATION Mayor Mertensotto recommended that the City
Council proclaim June 11, 1990 as Gerry Brown
Day in recognition of Mr. Brown's
contributions to the positive development of
young adults in the community.
Councilmember Hartmann moved adoption of the
Proclamation on Gerry Brown Day, June 11,
1990.
Councilmember Cummins seconded the motion.
Ayes: 5
i;_:_
Nays: 0
BRIDGEVIEW SHORES BIDS Council acknowledged a tabulation of bids
received for the installation of public
improvements to serve the Bridgeview Shores
2nd Addition.
Councilmember Cummins moved adoption of
Resolution No. 90 -31, "RESOLUTION ACCEPTING
BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF
SANITARY SEWER, WATER, STORM SEWER AND STREET
CONSTRUCTION TO SERVE BRIDGEVIEW SHORES 2ND
ADDITION (IMPROVEMENT NO. 90, PROJECT NO. 1),"
awarding the contract to F.F. Jedlicki, Inc.,
for their low bid of $175,977.00.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
FURLONG UTILITIES Council acknowledged a memo and proposed
resolution accepting the Furlong area petition
for public improvements and ordering
preparation of a feasibility study update.
Mr. David Hiner stated that he has a problem
with the Council's action taken to reduce
assessed values in the Furlong addition. He
stated that he has contacted the County
Assessor's office and that they will not
increase his value. He was told that the
residents must put together a petition and go
before the County Board of Equalization.
Mayor Mertensotto informed Mr. Hiner that the
Council acted to reduce property values
because of curable functional obsolescence
related to the on -site utility problems.
Councilmember Blesener stated that at the last
Council meeting one thing that came quickly
before Council was the reduction in valuations
and the other was the petition for utilities.
She stated that she supported the reduction
after new language was added to the
resolution, but that after talking to the
neighbors, she feels Council has done them a
real disservice. She stated that if the City
reduces the property values because of the
utility problems and then the values increase
because of the utilities, it would be cash out
of the pockets of the property owners. She
stated that many of the residents expect to be
paying far less than $15,000 for the public
improvements, and if they now have a property
value reduction of $5,000 to $10,000, they
will be paying that plus the value of the
increase. If they are willing to pay the
amount the improvements increase their
property values, and the City has decreased
their values by $15,000 now, property values
will increase by that $15,000 plus the
difference in the original value.
Attorney Hart stated that the property
valuation reductions is a tax issue and is
entirely irrelevant when it comes to the
assessment issue. The valuation for tax
purposes is nothing more than that. With
respect to the assessment issue, value is
based on fair market value at the time the
utilities are installed, and the fair market
value would be determined by an independent
appraiser. The City will have the burden of
establishing benefit if there is an assessment
roll, and will have to establish value prior
to the improvement and after the improvement,
which would have to be done by a professional
appraiser. He also pointed out that fair
market value is really what a willing buyer
will pay a willing seller - the County's
market value is merely a basis for taxes.
Councilmember Cummins stated that if the City
uses TIF, appraisals should be done before
installation of improvements so that there is
a baseline valuation. Attorney Hart agreed,
stating that appraisals could be done on all
or a few of the homes to provide a market
sampling. He stated that the test is the
value immediately before and immediately after
public improvement installation.
Councilmember Cummins was concerned that the
petition was based on a cap of $15,000 while
all indications are that the cost will be
$20,000 to $25,000 per lot.
Councilmember Blesener stated that it seems to
her that Council may well need to get an
appraisal on all of the properties before any
improvement is made. She asked why this has
not already been done since the utility issue
has been discussed for many years. She also
stated that she has a call from someone in the
neighborhood who had talked to Jeff Hamiel and
that Mr. Hamiel had stated that if
improvements are installed in the neighborhood
the MAC buyout will be dead.
Administrator Lawell stated that when the
Assessors were at the Board of Review, they
knew very well that there was a discussion of
utilities going on. The curable functional
obsolescence ties directly to sewer and water
in the area. The reduction in values is
temporary and the County intends to look at
the neighborhood from time to time when the
problem is resolved the values will change.
He further stated that the only reason the
area is under consideration for MAC buyout is
airplane noise, not utilities or other
factors, and unless the noise status changes,
the buyout status should not be affected.
Councilmember Anderson asked Mr. Hiner what
his understanding is with respect to buyout -
did he expect to be bought out in five years,
as an example. He pointed out that Mr.
Hiner's home is new and that his on-site
utility systems probably function well, unlike
many of the other private systems in the area.
Mr. Hiner responded that he does not
anticipate buyout in five years.
Councilmember Anderson stated that the people
in the audience for the issue are not present
because they are interested in paying more
taxes. He felt that the interest is to get
the values back up so that they will not have
to pay their fair share of sewer and water
costs. He further stated that when he first
became a member of the Council Mr. Hiner was
much against buying out the homes. He felt
that Council has tried to be compassionate and
is trying to do what makes sense. He asked
that Mr. Hiner give Council credit for trying
to do what is best for the bulk of the Furlong
area residents.
Mr. Hiner stated that continued buyout by the
City is fine, and that the City should buy out
the six or so homes that have the worst
problems but that people should receive
appraised prices and relocation costs.
Mayor Mertensotto informed Mr. Hiner that if
he wishes to have his valuation and taxes
raised, he should prepare a petition and
return it to the Mayor who would personally
see that it gets to the County Board of
Review.
Councilmember Anderson pointed out that the
Furlong area is a neighborhood where it is
very difficult to sell homes and that
apparently many people would like to sell. He
felt that it is clear that if they have septic
systems that do not work property, the
property values will be greatly enhanced by
installation of sewer and water.
Councilmember Blesener responded that the City
does not have appraised values and does not
even know how many residences have problems.
She felt that the City should find out how
many have problems and get appraisals and then
proceed with a City buyout program.
Councilmember Anderson stated that if the City
buys five or six more homes nothing will have
been gained. He asked what kind of a City
this would be if the Council only ordered
sewer and water when an entire neighborhood
could not use their toilets or drink their
water.
Councilmember Blesener felt that appraisals
should be done on the properties and that a
determination should be made on which
properties have critical utility needs - the
cost for generating this information would be
insignificant compared to the cost of
installing utilities.
Mrs. Margaret Swenson stated that she thinks
that there are only five or six homes in the
neighborhood which do not have problems with
their on-site systems and that the
neighborhood needs the public utilities.
After considerable discussion, Councilmember
Cummins moved adoption of Resolution No. 90-
32, "RESOLUTION ACCEPTING PETITION AND
ORDERING PREPARATION OF FEASIBILITY STUDY FOR
FURLONG ADDITION IMPROVEMENTS."
Councilmember Hartmann seconded the motion.
Ayes: 4
Nays: 1 Blesener
FIRE RELIEF Relief Association President Jim Kilburg
ASSOCIATION BYLAWS was present to request approval of proposed
Relief Association Bylaws. Mayor Mertensotto
informed Council that he has reviewed the
proposed bylaws and that he commends the
Relief Association members for their efforts.
Councilmember Cummins moved to approve the
Fire Relief Association Bylaws dated May 1990
as presented to the City Council.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
CASE NO-13, MERSKY Mr. Dick Bjorklund was present to request
approval of a five foot sideyard setback
variance to allow construction of a garage
addition at 1758 Sutton Lane (Lot 9, Block 2,
Somerset No. 2).
Councilmember Blesener moved approval of a
five foot sideyard setback variance at 1758
Sutton Lane to allow construction of an
addition to the attached garage five feet from
the side lot line.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 90-14, Mr. Robert McKenzie was present to request
MCKENZIE approval of a minor conditional use permit to
allow construction of a five foot cedar fence
(replacing a four foot chain link fence) in
the sideyard abutting the public right-of-way
at 1480 Cherry Hill Road.
Council also noted that the Planning
Commission has recommended the granting of a
19 foot side yard setback variance for the
existing house which was constructed prior to
Zoning ordinance adoption.
Councilmember Cummins moved to waive the
public hearing requirement and to approve a
minor conditional use permit for a five foot
high cedar fence along the south property line
at 1480 Cherry Hill Road and a nineteen foot
side yard setback variance to bring the
existing house into conformance with the
Zoning ordinance.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 90-16, Mrs. Mary Bakewell was present to request
BAKEWELL approval of an 88.5 foot sign size variance to
allow installation of a name plate sign on the
north wall of the Henry Sibley High School,
above the main entrance. Mrs. Bakewell showed
the Council photos of the proposed location of
the sign.
Councilmember Cummins moved approval of an
88.5 foot sign size variance to allow
installation of a 100.5 square foot name plate
sign on the north side of the Henry Sibley
High School as proposed.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 90 -15, A representative of Mr. James Neuharth was
NEUHARTH present to request approval of a wetlands
permit to allow construction of a deck and
four season porch addition at 2458 Pond Circle
East within 88 feet of a wetlands area. He
stated that the home was designed to have a
structure attached to the rear and that the
wetlands permit need was possibly overlooked
when the house was built.
Councilmember Anderson asked why the issue did
not come up when the building permit was
requested, since it is very clear when the
home was built (sliding doors off the rear of
the house) that there would be future building
in the wetlands area.
Public Works Director Danielson responded that
when the home was constructed, the contractor
acknowledged that a number of things can be
built in back yards and he did not want to
anticipate what a homeowner might want to
construct in the future. He therefore made
building permit application for what was being
constructed at that time.
Councilmember Cummins felt that the City
should be certain that there will be enough
room to add a customary porch or deck without
infringing on the wetlands. He felt that the
City should require that houses adjacent to
wetlands be at least 110 feet from the
wetlands.
Mr. Danielson responded that the action
required is not a variance, but rather a
wetlands permit, which gives the City control
over the wetlands area.
Mayor Mertensotto agreed with Councilmember
Cummins and pointed out that the homeowner has
been put in the position of having to process
a wetlands permit after the house was
constructed.
Councilmember Hartmann stated that if there is
an indication on the plans that there will
possibly be a future deck or porch which would
require a wetlands permit, the wetlands permit
should be pursued at the time of original
building permit issuance.
City Attorney Hart stated that it is a matter
of disclaimer, but that in his opinion, the
reason for the ordinance is that wetlands are
very sensitive and that at the time of
building permit issuance the City should know
all wetlands specific date on what will be
built.
Councilmember Cummins stated that in this
instance, the house should have been built 110
feet from the wetlands, to anticipate future
construction, but that the Council is not
talking about pre-approving future
construction.
After discussion, Councilmember Cummins moved
to waive the public hearing and approve a
wetlands permit to allow construction of a
deck and four season porch addition to 2458
Pond Circle East, 88 feet from the wetlands
area.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 90-17, Mr. Flavio Mangini was present to request
MANGINI approval of a wetlands permit to allow
construction of a home at 1867 Warrior Drive
(Lot 3, Block 1, The Ponds of Mendota Heights)
within 80 feet of a wetlands. Mr. Mangini
explained that there is a utility easement
across the front of the lot which restricts
moving the house closer to the front lot.
Councilmember Blesener moved to waive the
public hearing and approve a wetlands permit
to allow construction of a home within 80 feet
of a wetlands, at 1867 Warrior Drive.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
SIGN PERMIT, DAKOTA Councilmember Blesener moved approval of
27�
COUNTY STATE BANK the issuance of a sign permit for a 22.5
square foot sign on the west end of the Dakota
County State Bank building, 750 South Plaza
Drive.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
COMMUNITY EDUCATION Council acknowledged a memo from Administra-
ADVISORY COUNCIL tive Assistant Batchelder regarding
appointment to the School District's Community
Education Advisory Council.
Councilmember Blesener informed Council that
Claudia Assell has also expressed interest in
appointment to the advisory council, and
recommended that both Ms. Assell and Assistant
Batchelder be appointed. She stated that she
has spoken the representatives of the School
District and that they have indicated a desire
for appointment of both of the individuals.
After brief discussion, Councilmember Blesener
moved that Claudia Assell and Kevin Batchelder
be appointed to serve on the Community
Education Advisory Council.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
SIBLEY PARK COMFORT Council acknowledged a memo from the City
STATION Administrator regarding the Sibley Park
Comfort Station plans and a comparisons of
costs and construction details for park
shelter structures constructed in Eagan.
After discussion, Councilmember Blesener moved
to approve the comfort station design and to
authorize staff to advertise for bids to be
received on July 9th.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
AIR NOISE WORKSHOP Council acknowledged a memo from the City
Administrator regarding the scheduling of an
air noise workshop.
Councilmember Blesener moved that Council
conduct a work session for air noise
brainstorming on Tuesday, June 11th at 8:00
P.M.
Councilmember Cummins seconded the motion.
Ayes: 5
"To. 27y�*
1990
Nays: 0
COUNCIL COMMENTS Councilmember Hartmann informed staff of a
complaint he has received from William
Treuter, 564 Hiawatha, about a neighbor mowing
his lawn continuously, to as late as 10:00
p.m. He asked whether there are any
restrictions on noise associated with lawn
mowing.
Administrator Lawell responded that staff will
look into the matter and report back.
CITY HALL PARKING Councilmember Anderson raised the issue of
parking problems at City Hall relating to use
of the ballfield. He felt that people are
discouraged from coming to council meetings
because there is no parking available when a
ball game is going on. He stated that it
bothers him that people wishing to attend and
contribute to Council meetings and who are
taking an interest in City government have no
place to park. He suggested that Council give
thought to not scheduling the parking area for
softball use on the nights of Council
meetings.
Administrator Lawell responded that staff will
look at what the softball schedule is.
Mayor Mertensotto suggested that Victoria can
be used for ball game parking. The Council
agreed that people attending or participating
in ball games should park along Victoria on
the evenings when Council and Planning
Commission meetings are conducted.
Councilmember Blesener stated that it may not
be possible for this year to schedule ball
games to end by 7:00 p.m., but that this
should be required in coming years.
COUNCIL COMMENTS Councilmember Cummins encouraged staff to put
all non-controversial planning cases on the
consent calendar on future agendas.
Mayor Mertensotto asked Administrator Lawell
to contact the Dakota County Assessor to find
out what procedure Furlong residents must
follow to increase their property valuations.
ADJOURN There being no further business to come before
the Council, Councilmember Hartmann moved that
27�,
the meeting be adjourned to 8:00 P.M. on June
11th.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 9:13 o'clock P.M.
4
)ta'thleen M. Swanson
-City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
JUNE 5, 1990
Asphalt Licenses '
Ace Blacktop, Inc.
Pioneer Blacktop, Inc.
Gas Piping Licenses
Five Star Plumbing, Inc.
Wm. F. Ridley Plumbing & Heating
General Contractors Licenses
B & B Builders
Decks, Etc.
Falcon Fire Protection, Inc.
Fenc-Co, Inc.
Gilbert Mechanical
John Beissel, Inc.
Lecy Construction, Inc.
Liberty Construction, Inc.
Mankato Plmb. & Htg., Inc.
Modern Design Fencing & Manuf., Inc.
Nedegaard Construction Co., Inc.
North American Framing, Inc.
North Pine Aggregate, Inc.
T.M. Kearney Construction, Inc.
Excavating Licenses
Metro Contracting, Inc.
Murr Plumbing, Inc.
Concrete Licenses
Grand Construction Co.
Neisen Concrete Co.