Loading...
1989-08-01 Council minutesPage No. 2630 August 1, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 1, 1989 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, Council- members Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Witt moved adoption of the revised agenda for the meeting. Councilmember Hartmann seconded the motion. • Councilmember Hartmann moved approval of the minutes of the July 11th meeting. Councilmember Blesener seconded the motion. Councilmember Witt moved approval of the minutes of the July 18th meeting. Councilmember Blesener seconded the motion. Councilmember Witt moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for June. b. Acknowledgment of the minutes of the July 25th Planning Commission meeting. c. Adoption of Resolution No. 89-71, "RESOLUTION APPROVING TENTATIVE 1989 LEVY COLLECTIBLE IN 1990," and Resolution No. 89-72, "TENTATIVE PROPOSED BUDGET RESOLUTION." d. Acknowledgment of a recycling progress report and approval of recycling payments. Page No. 2631 August 1, 1989 e. Adoption of Resolution No. 89 -73, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 87, PROJECT NO. 7," authorizing final payment of $8,820.66 to F.F. Jedlicki, Inc. for Victoria Highlands Addition improvements. f. Adoption of Resolution No. 89 -74, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 87, PROJECT NO. 6," authorizing final payment of $16,410.30 to F.M. Frattalone Excavating & Grading for watermain extension to 1176 Sibley Memorial Highway. g. Approval of a two -day on -sale 3.2 malt beverage license to St. Peter's Church, for September 17th and 18th, in conjunction with Father Galtier Days, along with waiver of the license fee. h. Approval of payment to Soo Line Railroad in the amount of $24,985.35, for the Northland Drive Railroad Crossing. i. Adoption of Resolution No. 89 -75, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR VICTORIA HIGHLANDS IMPROVEMENTS (IMPROVEMENT NO. 87, PROJECT NO. 7)," the hearing to be held on September 5th. Adoption of Resolution No. 89 -76, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR BRIDGEVIEW SHORES (IMPROVEMENT NO. 88, PROJECT NO. 1)," the hearing to be held on September 5th. k. Adoption of Resolution No. 89 -77, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR MENDOTA HEIGHTS ROAD AND HUBER DRIVE (M.S.A PROJECT NOS. 140- 104-02 & 140 - 103 -08, IMPROVEMENT NO 86, PROJECT NO. 1)," the hearing to be held on September 5th. 1. Adoption of Resolution No. 89 -78, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR COPPERFIELD 4TH ADDITION IMPROVEMENTS (IMPROVEMENT NO. 88, PROJECT NO. 2)," the hearing to be held on September 5th. j Ayes: 5 Nays: 0 FIRE DEPARTMENT Page No. 2632 August 1, 1989 m. Adoption of Resolution No. 89 -79, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR SIBLEY HEIGHTS IMPROVEMENTS (IMPROVEMENT NO. 87, PROJECT NO. 5)," the hearing to be held on September 5th. n. Adoption of Resolution No. 89 -80, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR 1176 SIBLEY MEMORIAL HIGHWAY AND ADJACENT AREA IMPROVEMENTS (IMPROVEMENT NO. 87, PROJECT NO. 6)," the hearing to be held on September 5th. o. Approval of the list of contractor licenses dated August 1, 1989 and attached hereto. p. Approval of the List of Claims dated August 1, 1989 and totalling 295,942.53. Authorization for issuance of a purchase order to Ace Blacktop, Inc. for repairs to the Marie Avenue on -grade bridge, for their low bid of $6,922.00. q. r. Adoption of Resolution No. 89 -81, "RESOLUTION ORDERING THE PREPARATION OF THE ASSESSMENT ROLL FOR EXECUTIVE DRIVE (IMPROVEMENT NO. 89, PROJECT NO. 3)," Resolution No. 89 -82, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR EXECUTIVE DRIVE (IMPROVEMENT NO. 89, PROJECT NO. 3)," Resolution No. 89 -83, "RESOLUTION ORDERING THE PREPARATION OF THE ASSESSMENT ROLL FOR VAL'S ADDITION (IMPROVEMENT NO. 88, PROJECT NO. 4)," and Resolution No. 89 -84, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR VAL'S ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 4)," the hearing to be held on September 5th. Councilmember Hartmann seconded the motion. On the recommendation of Fire Chief Maczko, Councilmember Cummins moved approval of the appointment of Tom Shields, Mike Johns and Tim Oster to the Volunteer Fire Department Page No. 2633 August 1, 1989 for one year probationary periods, effective August 1, 1989. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 ALICE LANE SUBDIVISION Council acknowledged and discussed a tabulation of bids received for construction of the Alice Lane Subdivision improvements. Ayes: 4 Nays: 0 Abstain: 1 Blesener CASE NO. 89-27 PATRICK Ayes: 5 Nays: 0 CASE NO. 89-29, VIDAS Councilmember Cummins moved adoption of Resolution NO. 89-85, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATERMAINS, STORM SEWERS AND STREET CONSTRUCTION TO SERVE ALICE LANE SUBDIVISION AND ADJACENT AREAS (IMPROVEMENT NO. 89, PROJECT NO. 3)," awarding the contract to Moser Construction Company for their low bid of $74,736.72. Councilmember Hartmann seconded the motion. Mr. Scott Patrick was present to request approval of a five foot front yard setback variance at 536 Fremont. Councilmember Cummins moved approval of a 5 foot front yard setback variance to allow construction of a garage 25 feet from the front property line at 536 Fremont, along with a 17 foot 6 inch front yard setback variance for the existing, non-conforming house at 536 Fremont. Councilmember Witt seconded the motion. Mr. Scott Vidas was present to request approval of a wetlands permit to allow construction of a semi-inground pool at 2335 Swan Drive, property adjacent to Rogers Lake. Mr. Vidas briefly described the proposed pool and property and informed Council that he has received the written consent of his neighbors. Responding to a question from Councilmember Hartmann about fencing, Mr. Vidas stated that the fence around the pool will be about three feet above the pool deck, and the top of the fence will be about ten feet from ground level. Ayes: 5 Nays: 0 ON-STREET PARKING Ayes: 5 Nays: 0 WETLAND PLAN BIG WHEEL Page No. 2634 August 1, 1989 Councilmember Hartmann expressed concern over easy access from the house deck to the pool and noted that it appears that if someone wanted to gain access to the Vidas yard they would just have to jump a short rail to get into the pool. Mr. Vidas assured Council that the fence height and safety concern will be addressed in the building permit process. Councilmember Blesener moved to waive the public hearing requirement and approve a wetlands permit for 2335 Swan Drive to allow construction of the proposed semi in-ground pool to within 81 feet of Rogers Lake. Councilmember Witt seconded the motion. On the recommendation of the Police Department, Councilmember Cummins moved adoption of Ordinance No. 267, 'AN ORDINANCE AMENDING ORDINANCE NO. 291 (CODIFIED AS ORDINANCE NO. 1101)," to prohibit parking of any vehicle on a public street for more than 24 continuous hours. Councilmember Witt seconded the motion. Council acknowledged and discussed a report from the Public Works Director regarding a proposed agreement with the Dakota County Soil and Water Conservation District (SWCD) whereby the SWCD would prepare a watershed plan for the City at an anticipated cost of $35,000.Public Works Director Danielson gave Council a brief overview on the watershed districts and recommended authorization for execution of the agreement. Councilmember Blesener suggested that proposals should be solicited from other sources before Council considers authorizing a contract for preparation of the plan. After discussion, it was Council consensus that action be tabled until additional proposals are available. Council acknowledged a memo from Engineer Eckles and plans and specifications for the extension of sewer and water utilities to Ayes: 5 Nays: 0 HEARING- MENDAKOTA COUNTRY CLUB FENCE AND SIGN PERMIT Page No. 2635 August 1, 1989 serve the Mendota Heights Business Park (Big Wheel site). Mayor Mertensotto asked how the additional 900 foot watermain extension necessary to improve water pressure in the area is to be funded. Treasurer Shaughnessy responded that this is a system improvement to provide looping and that it has been anticipated that the associated cost would be financed by the Tax Increment District. Councilmember Hartmann moved adoption of Resolution No. 89 -88, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE BIG WHEEL AUTO SITE (M.A.C.) AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 3)," and scheduling of a special meeting on August 22nd at 5:30 P.M. for review and award of bids for the project. Councilmember Cummins seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a continued hearing on an application from Mendakota Country Club for installation of a security fence around the Mendakota property. Mr. McGivern, representing Mendakota, was present to answer questions. Mayor Mertensotto informed the audience that the Planning Commission considered the matter and recommended approval of an amendment to the Mendakota Conditional Use Permit to allow fencing around the property lines with conditions. He stated that the proposal has been to use green clad fence along part of the property but that Council has indicated its preference for one color for the entire fence so that it is uniform. Mr. McGivern responded that the Mendakota Board would prefer to put green clad fence along Dodd Road, but that the Board is not strong on the point. Mayor Mertensotto asked for questions and comments from the audience. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING: INDEPENDENT SCHOOL DISTRICT 197 TEMPORARY CLASSROOMS Page No. August 1, There being no questions or Councilmember Cummins moved be closed at 8:20 P.M. Councilmember Witt seconded 2636 1989 comments, that the hearing the motion. Councilmember Hartmann moved adoption of Resolution No. 89 -86, "A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF SECURITY FENCE," for Mendakota Country Club, as amended to include the condition that the fence be a uniform galvanized fence along all property lines. Councilmember Cummins seconded the motion. Council considered and discussed a proposed revocable license agreement, as prepared by the City Attorney, for the installation of a Mendakota sign proposed to be located on City property near the Fire Station. Mayor Mertensotto noted that the agreement which would allow a five foot sign could be revoked at any time conditioned upon 90 day notice. Councilmember Witt moved to authorize the Mayor and City Clerk to execute the Revocable License Agreement for a five foot high sign. Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Independent School District 197 for a conditional use permit to construct temporary classrooms at Mendota School. Ms. Lois Rockney, representing the School District, stated that the District has experienced a considerable increase in enrollment over the past two years and would like to construct two portable classroom facilities at the northwest corner of the Mendota School building, anticipating that the classrooms would be on the site for four to five years. She informed Council that the District is currently preparing a study on facility needs. It is proposed to Page No. 2637 August 1, 1989 construct two separate 24 by 36 foot structures and that there would be no connecting hallways between the structures and the school. She informed Council that no special education students will be contained in either of the two temporary structures. Responding to a question from Councilmember Cummins on whether the School District demographics have been incorrect, Ms. Rockney stated that the demographics are correct but that it had not been anticipated that Special Education students would be mainstreamed. She assured Council that the structures will be used only for classrooms and for no other purpose. The exterior treatment of the structures will be earthtones. Mayor Mertensotto asked for questions and comments from the audience. Mr. Daniel Tilsen stated that he would like there to be a time limitation for the structures and would like there to be a discussion on safety. He felt that the structures will not be as fire safe as the School, since they will be wood frame. He also stated that he believes there is only one exit. Ms. Rockney responded that the structures will be electrically heated, that there will be two doors in each structure, and there will be 26 to 28 students in each of the two classrooms. She further stated that the children will be brought into the school in the event of a storm and that both units will be connected to the main building fire alarm system. Mayor Mertensotto pointed out that Council realizes the predicament the District is in and that the structures will only be temporary. He further pointed out that the structures must meet State building codes for schools. Mr. Tilsen observed that children regularly use the slope above the area where the structures are proposed to be constructed for sliding in the winter. He asked that some action be taken so that children do not ) Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING -- DODGE NATURE CENTER Ayes: 5 Nays: 0 HEARING - DUFFY DEVELOPMENT Page No. 2638 August 1, 1989 slide down the slope and into the structures. Ms. Rockney stated that the District will address the concern. There being no further questions or comments, Councilmember Hartmann moved that the hearing be closed at 8:32 P.M. Councilmember Witt seconded the motion. Councilmember Blesener stated that everyone understands the School Districts needs and that she is disappointed that there must be temporary classrooms but does not see that there are any other viable alternatives at this time. Councilmember Cummins moved adoption of Resolution No. 89-87, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR TEMPORARY CLASSROOMS, INDEPENDENT SCHOOL DISTRICT 197," as amended to include a condition that precautions be taken for the safety of children sliding on the slope above the proposed building location. Councilmember Witt seconded the motion. Council was informed that Dodge Nature Center has asked that the hearing on their application for conditional use permit for planned unit development for an interpretive center be delayed to allow them time to Highway 110 access with Mn/DOT and other alternatives. Councilmember Hartmann moved that the hearing on the Dodge Nature Center conditional use permit for planned unit development be continued to 9:00 P.M. on August 15th. Councilmember Blesener seconded the motion. Mayor Mertensotto informed the audience that staff has recommended that the hearing on the Duffy Development planning applications be continued to the August 15th meeting due to the failure of the developer to submit all of the required information. Ayes: 5 Nays: 0 FURLONG ADDITION CONTAMINATED SOIL ADMINISTRATOR RECRUITMENT Page No. 2639 August 1, 1989 Councilmember Blesener suggested that the hearing be continued to the September 5th meeting. Councilmember Blesener moved that the hearing on the Duffy Development applications be continued to September 5th at 8:30 P.M. Councilmember Witt seconded the motion. Administrator Frazell gave Council a brief verbal report on proposed follow-up on purchase of properties in the Furlong area. He informed Council that he has been in contact with the County Health Department and that the Department will analyze sewer and water problems for individual properties at a cost of approximately $100 per property. It was the consensus that staff work with the Health Department to analyze the cases. Council acknowledged a letter from Mn/DOT regarding Mn/DOT's stockpiling of contaminated soil at the junction of Highway 55 and Highway 110. Public Works Director Danielson stated that Mn/DOT met with the Pollution Control Agency this morning and has decided that it (Mn/DOT) will remove the soil from the site. He also stated that the City has hired a consultant to test the soil and staff is awaiting a report. Council acknowledged a report from Administrator Frazell regarding recruitment of a new City Administrator. Administrator Frazell stated that he will be leaving the City in a few weeks to take a position as City Administrator in Cottage Grove pending approval by the Cottage Grove Council on August 2nd. He informed Council that he plans on remaining as Administrator until September 8th, and stated that Council may wish to consider what type of process it would like to consider in hiring a new Administrator. AMOCO Ayes: 5 Nays: 0 ORDINANCE VIOLATIONS COUNCIL COMMENTS Page No. 2640 August 1, 1989 It was the consensus that ads should be placed in the ICMA and League of Minnesota Cities magazines. After discussion, it was Council consensus that staff should prepare a proposed ad and suggested guidelines for Council consideration on August 15th. Council acknowledged a report from Police Chief Delmont regarding the AMOCO service station at the intersection of Highway 13 and Victoria. Councilmember Blesener moved to authorize Mayor Mertensotto to forward a letter to the City of Lilydale and AMOCO expressing Council's displeasure with the AMOCO station. Councilmember Witt seconded the motion. Council acknowledged a report from Code Enforcement Officer Dick Gill regarding code violations on the Christofferson property at the intersection of Wachtler and Wentworth. Council acknowledged a report regarding sight obstructions at the intersection of Wachtler and Highway 13. Councilmember Hartmann asked that staff follow-up on the matter so that the obstruction is cleared as soon as possible. Councilmember Hartmann expressed concern over trees along Orchard Circle which create a sight obstruction. Councilmember Witt asked for an update on the Smallidge fence issue. Administrator Frazell stated that the Smallidge's insurer has indicated that it will provide an indemnification for the City. Councilmember Cummins asked that Dakota County again be requested to install four- way stop signs at Marie and Victoria. Councilmember Cummins moved to direct the City Engineering Department to make application to Dakota County for four-way Ayes: 5 Nays: 0 AIRPORT NOISE Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Charles E. Mertensotto Mayor Page No. 2641 August 1, 1989 stop signs at Marie and Victoria. Councilmember Blesener seconded the motion. Councilmember Cummins informed Council that he has been advised that the Speaker of the House has not made appointment to the Metropolitan Air Noise Committee. Councilmember Witt moved adoption of Resolution No. 89-89, "RESOLUTION ENDORSING THE CANDIDACY OF COUNCILMEMBER CARL CUMMINS III FOR APPOINTMENT TO THE STATE ADVISORY COMMITTEE ON METROPOLITAN AIRPORT PLANNING." Councilmember Hartmann seconded the motion. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Cummins seconded the motion. TIME OF ADJOURNMENT: 9:15 o'clock P.M. 4,(&A M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON AUGUST 1, 1989 Excavating License: Valley -Rich Company Gas Piping License: Fredrickson Heating & Air Conditioning General Contractors Licenses: Carlson - LaVine, Inc. New Age Pools, Inc. Paul Lemke Construction, Inc. Heating & Air Conditioning Licenses: Fredrickson Heating & Air Conditioning Harris Mechanical Contracting Company