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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.