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1990-05-01 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 1, 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: Cummins, Blesener, Anderson 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 April 17th regular meeting with corrections. Councilmember Blesener seconded the motion. AYES: 5 NAYS: 0 CONSENT CALENDAR Councilmember Cummins 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 April 17th Parks and Recreation commission meeting. b. Acknowledgment of the Vasatka-Goers VFW Post Donation with direction to staff to prepare a plaque for presentation at the first City Council meeting in June. c. Acknowledgment of a memo from Police Chief Dennis Delmont regarding an update on the hiring of a new police officer. d. Approval of a modified critical area site plan for Mr. Richard Askler to construct an addition to a garage at 1037 Mayfield Heights Lane along with waiver of the critical area application fee. e. Adoption of Resolution No. 90 -25, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 8TH ADDITION ". f. Approval of the list of contractor licenses dated May 1, 1990 and attached hereto. g. Approval of the List of Claims dated May 1, 1990 and totalling $196,087. Councilmember Anderson seconded the motion. AYES: 5 NAYS: 0 NEIGHBORHOOD PARK Council acknowledged and discussed a memo from IMPROVEMENTS Administrative Assistant Batchelder and Public Works Director Danielson regarding the recommendation from the Parks and Recreation Commission that the Neighborhood Park Improvement project be awarded to GMH Asphalt, Inc. Public Works Director Danielson explained that the low bidder, GMH Asphalt, Inc. is a company that has completed work within the City before and has done an acceptable job. He further explained that the City received their bid which was approximately $60,000 below the engineering estimate. He further explained that the engineering estimate was above what they had budgeted by about $30,000. He explained that the reason why it was over budgeted was because there were some trails added to the parks that were not originally planned for. He further explained that they are recommending transferring money from the trail contingency fund. Mayor Mertensotto explained that the contingency fund is the fund that is in the park bond issue. After a brief discussion regarding the type of development that will take place in the parks, Councilmember Blesener moved to award the Neighborhood Park Improvement project to GMH Asphalt, Inc. with their low bid of $201,748.50 with funding to be covered by Park Bond Referendum money out of the Neighborhood Park Budget and to transfer money from the Trail Contingency'Fund. Councilmember Cummins.seconded the motion.. AYES: 5 NAYS: 0 CASE NO. 90 -03: Mayor Mertensotto explained that the developer CENTEX HOMES has requested that the public hearing be continued to the May 15, 1990 City Council meeting. Mayor Mertensotto then asked if there was anyone present who had questions or comments regarding Centex Homes' request. Mr. Gerald Duffy, attorney representing approximately 500 people who live in the area where the development is planned. Mr. Duffy submitted a petition with 521 names of people who are opposed to the development. Councilmember Anderson moved to continue the public hearing to May 15, 1990 at 8:15 o'clock P.M. Councilmember Hartmann seconded the motion. AYES: 5 NAYS: 0 CASE NO. 90 -11: Mr. James Loving, 672 Cheyenne Lane was present LOVING - VARIANCE to discuss his request for a side yard setback variance to construct a four season porch. Councilmember Hartmann pointed out the lot is a corner lot and that the orientation of the house is reversed from what the ordinance requires. Councilmember Cummins moved approval of an eight foot (81) side yard setback variance to the thirty foot (301) side yard setback requirement to construct a four season porch. Councilmember Blesener seconded the motion. AYES: 5 NAYS: 0 CASE NO. 90 -12: Mr. Bob Brasch representing J.A. Development J.A. DEVELOPMENT was present to discuss their request for a WETLANDS PERMIT Wetlands Permit to allow construction of a new home on Lot 6, and 1/2 of Lot 5, Block 1, Tilsen's Highland Heights Addition. Councilmember Cummins questioned if there will be a substantial amount of filling done. Mr. Brasch responded that there will be a lot of soil corrections done. He explained that most of the soil on top is bad soil and that new soil will be brought in. In response to a question from. Councilmember. Blesener, Mr. Brasch stated that they would be able to retain the trees. Councilmember Blesener questioned the time line on the project. Mr. Brasch explained that the soil correction procedure will be starting around mid May and that there would be a two week period before the footings are poured. Mayor Mertensotto expressed his concerns for safety with regards to the large hole. Mr. Brasch explained that that there would be a gradual slant. Public Works Director Danielson explained that OSHA requires that the side slopes be at a 1:1 angle. He further explained that they should have the side slopes gradual enough so that some one could walk in and walk out. Mr. Brasch stated that if Council would like them to put a snow fence up they would do so. Councilmember Blesener questioned J.A. Development is going to install underground drainage. Mr. Brasch explained that they will be installing drain tile, and if they run into water, they will do a de-watering process. Mr. Brasch explained that if they do run into underground springs, they would consider rerouting the drainage. Councilmember Cummins moved to approve grant the requested Wetlands Permit for construction of a home on Lot 6, and 1/2 of Lot 5, Block 1, Tilsen's Highland Heights Addition. Councilmember Hartmann seconded the motion. AYES: 5 NAYS: 0 CASE NO. 89-25: Mayor Mertensotto opened the meeting for the DODGE NATURE CTR purpose of a public hearing on an application CUP FOR PUD from Dodge Nature Center requesting a conditional use permit for a planned unit development to construct an interpretive center. Mr. Jim Malkowski, Executive Director of the Dodge Nature Center was present to discuss their request. Mr. Malkowski introduced Mr. Howard Dolts representing Setter, Leach and Lindstrom Architects. Mr. Malkowski explained that there is neighborhood opposition to access through Dodge Lane. He explained that they have discussed this issue with-MnDOT and have requested their assistance in finding an AYES: 5 NAYS: 0 alternative plan. He explained that MnDOT has agreed to allow a right turn off of Highway 110. He further explained that MnDOT has told Dodge Nature Center that the construction of a right turn in and out will be the Nature Center's expense. Mr. Malkowski stated that they would like to utilize that new option as presented by MnDOT. Mr. Malkowski pointed out that Mr. Schokmiller, resident on Dodge Lane, is present at the meeting tonight. He further explained that Mr. Schokmiller attended the meetings between the Dodge Nature Center and MnDOT. Mr. Malkowski stated that they believe they have found a viable solution. Mayor Mertensotto stated that this solution will, in the long run, serve the Nature Center and the City well. Mayor Mertensotto asked that the resolution submitted be modified to show reference to the plan and date so that the Council will know what is being built. Public Works Director Danielson stated that the Nature Center has submitted a new plan showing the new driveway coming off of Highway 110. Councilmember Blesener confirmed that there will be no connection between Dodge Lane cul- de-sac and the new drive. Mayor Mertensotto questioned if the public parking would be away from the Center and Mr. Malkowski answered yes. Mayor Mertensotto then asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved to close the public hearing. Councilmember Blesener seconded the motion. Councilmember Anderson moved adoption of Resolution No. 90-26, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AUTHORIZING THE DODGE NATURE CENTER TO CONSTRUCT A VISITOR'S CENTER", with the following modifications as discussed: 1. That the visitor center be more specifically set forth in the resolution pursuant to the conditional use permit for planned unit development. 2. To specifically include within the approval of the resolution that the site plan and date as submitted this evening by the applicant. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 It was noted that Council must approve the building plans before the building permit can be issued. CASE NO. 90 -09 Mr. Paul McGinley, of Paul McLagan and Son Land GESELL Surveyors, representing Mr. James Gesell, was PRELIM. PLAT APP. present to discuss Mr. Gessell's request to subdivide his lot. Mr. McGinley explained that Mr. Gessell owns a seven plus acre lot in the R1 -A district at Dodd Road and Wentworth Avenue. He explained that he is proposing to subdivide the lot into two lots of 2.14 acres and 5.01 acres. Mr. Gessell plans to construct a new home on the 5 acre lot. He further explained that the proposed house on lot 2 will be in excess of one hundred feet from the Wetlands. Mr. McGinley explained that the variance request is for 150' of frontage on the public street. Mr. McGinley explained that the parcel is a large parcel and that Mr. Gessell has chosen to have the frontage of the house at 140' rather than 150' to try and protect the value of the existing home, the wetlands and so that the new home would be concealed by the pine trees. Mr. McGinley stated that there is no public street accessing the property. Mayor Mertensotto questioned how long the easement is from Dodd Road to the south property. Mr. McGinley stated that it is approximately about 500 to 600 feet. Mayor Mertensotto stated that some day there will be a need for a right -of -way and expressed his concerns on how the City could get a right -of -way in the future. Mr. McGinley stated that at this time there will two residences using the driveway. Mr. McGinley referred to the street circulation plan submitted to Council for their review. Mayor Mertensotto stated that public streets in this -area -are not needed currently but that there could be need in the future with regards to the issue of maintenance or city services such as sewer and water. He expressed his concern with how those services would be installed if there is no public right-of-way. He further commented that there may be a need for the land owners to consider a plan for getting public streets into this area. Mr. McGinley stated that it was suggested by the Planning Commission that a public utility easement should be provided across Lot 1, the southerly 30 feet, if public utilities are ever brought in. Public Works Danielson stated that an easement at this time would facilitate easy installation of utilities in the future. Councilmember Cummins clarified that both of the lots being created through this subdivision exceed the minimum R1 -A size requirement. Mr. McGinley concurred by stating that the smallest of the two lots would be 93,378 square feet and the second lot would be five times as large as the first lot. Councilmember Blesener questioned if the road easement to serve these homes is a restrictive easement and if the City has an obligation to not create a land locked parcel. She questioned if the land owners need to provide the City with evidence that they have a right to use the easement. Public Works Director Danielson stated that that is what the variance request is saying, that it does not have frontage on a public street. Councilmember Blesener questioned what would happen if there were disagreements between the residents and wondered if the City should be protected. Attorney Hart stated that that is a private matter and that the residents would have to negotiate that privately. Councilmember Cummins moved to grant the requested preliminary plat for the Gessell subdivision subject to the provision of a public utility easement along Lot 1 to be made available to Lot 2 and to grant a variance to the required 1501 of frontage along a public street. Councilmember Hartmann seconded the motion. FIRE CODE Mayor Mertensotto explained to Mr. McGinley that the final plat should be changed to show the easement. Mr. McGinley stated that it was suggested by Public Works Director Danielson that the easement should be located on the AYES: 5 NAYS: 0 south 30 feet of Lot 1 and that he would change the final plat. Fire Marshal Paul Kaiser was present to discuss the proposed amendments to the Fire Prevention Code. He explained that every time there is a change in code, there is also a change in the article that applies to that particular ordinance section. He explained that that is the reason why the ordinance has been updated. Mayor Mertensotto stated that a summary of this ordinance should be published noting the changes in the ordinance. Fire Marshal Kaiser briefly explained the changes in the code. He explained that the owners of existing commercial buildings are required to provide current "as built" information to the Fire Department. He further stated that yearly maintenance tests for both the sprinkler system and fire alarms systems is required for commercial buildings. Mayor Mertensotto questioned if the requirement for providing the City with "as builts" is creating a financial burden to the commercial residents. Fire Marshal Kaiser stated that it should not be a great expense and that it is just the architectural plans that will be required. Councilmember Blesener stated that the request for these inspections will be at the discretion of the Fire Marshal. Fire Marshal Kaiser concurred and stated that fire codes can be appealed at anytime. Fire Marshal Kaiser explained that Section 9.8 specifically applies to multiple dwellings. He explained that this would help the owners of the dwellings by cutting down the number of false alarms due to faulty maintenance. He explained that most of the multiple dwellings in the area have maintenance contracts. He stated that this section will require the owners to submit a copy of the maintenance record to the Fire Department. In response to a question from Councilmember Cummins, Fire Marshal Kaiser stated that these requirements are imposed in many other municipalities that has a Fire Marshal. Councilmember Anderson questioned if there have been problems with building owners AYES: 5 NAYS: 0 MISCELLANEOUS maintaining these records and Fire Marshal Kaiser answered yes. Fire Chief Maczko stated that the information will be stored in the Fire Department's computer system. Fire Marshal Kaiser explained that all new buildings are required to submit "as built" plans. He stated that this amendment would apply when remodeling occurs. He further commented that at this point in time he is not aware of any remodeling taking place in the City. Councilmember Hartmann moved to adopt Ordinance No. 270, "AN ORDINANCE AMENDING ORDINANCE NO. 239". Councilmember Anderson seconded the motion. In an unrelated matter, Councilmember Blesener questioned if there are any requirements in the Fire Prevention Code that regulates home incinerators. Fire Marshal Kaiser stated that there have been some complaints of burning in the Ivy Falls area. He stated that this is not addressed through the fire prevention code but through the Pollution Control Agency. Fire Marshal Kaiser stated that records are on file of complaints received. SOUTH METRO Fire Chief John Maczko was present to discuss HAZARDOUS MATERIAL the proposed South Metro Hazardous Material RESPONSE TEAM Response Team Joint Powers Agreement. Mayor Mertensotto noted the changes in projections of the budget. He stated that there was a change in how a municipality could withdraw from the agreement. He explained that the agreement states that a majority of the Cities would have to be in agreement in order for a City to withdraw from the contract. In response to a question from Mayor Mertensotto, Fire Chief Mackzo explained that the board would consist of one member per participating City. He further explained that officers are elected from the board. Councilmember Anderson questioned if there would be a chance in the future that there would be other adjacent communities that might want to participate. Fire Chief Maczko stated that there is a possibility. He explained that the State Fire Chief's Association is working through the Legislature to try and get a regional team concept addressed. Attorney Hart stated that, in regards to withdrawing from the contract, it appears that the City has an opportunity to withdraw annually before August 1st by filing a Notice of Intent to withdraw effective as of December 31st of the following year, that that does not apply for the first five years. He stated that the City would be basically locked in for the first five years. Mayor Mertensotto directed Attorney Tom Hart to discuss Sections 13 and 14.1 with one of the attorneys involved, Mr. Roger Smith of South St. Paul to find out the purpose and interpretation of those sections. Administrator Lawell stated that the Cities of Eagan and Burnsville have had some questions over the financial contribution. He stated that on May 23rd the City Managers of Dakota County are going to discuss with their respective Fire personnel about the financial arrangements for this type of agreement. He explained that it is their hope that they will convince the two communities that the funding mechanism set forth is a fair and an equitable one. He suggested that the matter should be brought back to Council at the first meeting in June. Mayor Mertensotto concurred and directed staff to research the information in question and to bring it back for Council consideration at their June meeting. WORKER'S COMPENSA- The Council briefly discussed memorandum from TION INSURANCE Treasurer Shaughnessy regarding worker's compensation. Treasurer Shaughnessy explained the City has carried workmen's compensation insurance through the League pool which is administered by Employee Benefit Association. Treasurer Shaughnessy explained that the City has been given the option of an experience based premium rather than one based on the pool. He further explained that the idea would be to enter the option agreement and use any refund the City might receive to establish an insurance reserve. He stated that this reserve could then be used to supplement the budget amount in any year of poor experience. He stated that the actual budget premium would remain the same as the early years and once the City gets a reserve built up, the City could gradually lower the budget amount. Councilmember Cummins questioned what would happen if the City runs into a bit of bad luck. Treasurer Shaughnessy stated that the City's premium would be $82,000. He stated that would be 130 percent of what our standard premium is, regardless of how bad our claims were. Councilmember Cummins moved to approve entering into the refund option agreement with regards to the workmen's compensation program with the League of Minnesota Cities Insurance Trust from May 1, 1990 to May 1, 1991. Councilmember Blesener seconded the motion. AYES: 5 NAYS: 0 RESCHEDULING The Council acknowledged a memo from the City OF COUNCIL MEETING Clerk regarding the rescheduling of the of the July 3, 1990 regular City Council meeting due to the Forth of July holiday. Councilmember Blesener moved to reschedule the July 3, 1990 regular City Council meeting to Tuesday, July 10, 1990 at 7:30 o'clock P.M. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 AIR NOISE Council acknowledged a memorandum from DISCUSSION Administrative Assistant Batchelder regarding a proposed resolution opposing airport expansion plans involving a third, northern parallel runway. Councilmember Cummins moved to adopt Resolution No. 90 -27, "A RESOLUTION OPPOSING THE METROPOLITAN AIRPORT COMMISSION'S AIRPORT EXPANSION DESIGNS FOR A NORTHERN PARALLEL RUNWAY ". Councilmember Hartmann seconded the motion. AYES: 5 NAYS: 0 Administrator Lawell briefly discussed with the Council what other communities are doing to address the airport issue. He stated that there is a lot of activity going on in terms of the airport, i.e., expansion on the site, siting process in terms of moving the airport, and the blue ribbon task force which has yet to meet. He explained that because of the importance of this issue a workshop could be organized to discuss the airport issues. It was the consensus of the Council to organize a workshop in June or July to discuss the airport issue. Council further directed Administrator Lawell to attend the next MASAC meeting to note the City's displeasure in the blue ribbon task force by indicating that the sixty day time frame is up and that the City has not been afforded a fair and equitable hearing of the Mendota Heights proposal. LEAGUE OF The Council was reminded of the annual CITIES CONFER. League of Minnesota Cities Conference scheduled for June 12-15. SOLID WASTE ISSUES The City Council directed Administrator Lawell to contact Dakota County staff to invite Commissioner Chapdelaine and County Commissioner Lyle Wray to discuss solid waste issues on June 5, 1990 at 7:00 P.M. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to 7:30 P.M. on May 2nd for the Board of Review meeting. Councilmember Anderson seconded the motion. TIME OF ADJOURNMENT: 10:30 o'clock P.M. Kimberlee K. Blaeser Senior Secretary ATTEST: � l Charles E. Mertensotto Mayor