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1989-07-11 Council minutesPage No. 2615 July 11, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 11, 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, Councilmembers 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 Hartmann moved adoption of the agenda for the meeting. Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of the minutes of the June 6th meeting with corrections. Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of the minutes of the June 20th meeting. Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of a letter from Governor Perpich regarding the amateur sports commission and sports activities in Minnesota. b. Acknowledgment of a letter of appreciation from the Northern Dakota County Chamber of Commerce for the 1988 Mendota Heights/West St. Paul Community Service Directory. c. Acknowledgment of a letter of appreciation from Richard Spicer for his appointment to the Parks and REcreation Commission. Page No. 2616 July 11, 1989 d. Adoption of Resolution No. 89 -52, "RESOLUTION APPROVING FINAL PLAT FOR SOUTHRIDGE BUSINESS CENTER 2ND ADDITION." e. Adoption of Resolution No. 89 -53, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLLS FOR 1176 SIBLEY MEMORIAL HIGHWAY & ADJACENT AREAS (IMPROVEMENT NO. 87, PROJECT NO. 6); SIBLEY HEIGHTS (IMPROVEMENT NO. 87, PROJECT NO. 5); MENDOTA HEIGHTS ROAD & HUBER DRIVE (M.S.A. PROJECT NO. 140 - 140 -02 & 140 -103- 08, IMPROVEMENT NO. 86, PROJECT NO. 1); VICTORIA HIGHLANDS (IMPROVEMENT NO. 87, PROJECT NO. 7); BRIDGEVIEW SHORES (IMPROVEMENT NO. 88, PROJECT NO. 1); COPPERFIELD IV (IMPROVEMENT NO. 88, PROJECT NO. 2)." f. Approval of a Joint Powers Agreement for the Household Hazardous Waste Collection Day. g. Approval of payment on the City Hall electrical contract in the amount of $20,656.00 to Capitol Indemnity Corporation (Thomas Electric contract), and $293.98 to Pyrotronics for completion of the City Hall fire alarm system. h. Approval of a critical area modified site plan for James R. Marshall, allowing construction of an addition to 1875 Hunter Lane, along with waiver of the critical area modified site plan review fee. i. Acknowledgment of the minutes of the June 13th and June 27th Planning Commission meetings. j. Acknowledgment of the Treasurer's monthly report for June. k. Acknowledgment of the Code Enforcement monthly report for June. 1. Approval of the List of Contractor Licenses dated July 11, 1989 and attached hereto. Ayes: 5 Nays: 0 STREET NAME CHANGE Ayes: 5 Nays: 0 CASE NO. 89-24, MACZKO Ayes: 5 Nays: 0 Page No. 2617 July 11, 1989 k. Approval of the list of claims dated July 11, 1989, and totalling $420,074.81. Councilmember Cummins seconded the motion. Councilmember Cummins moved to authorize a street name change, from Heather Court to Sutcliff Circle, on the North Ivy Hills 2nd Addition final plat prior to execution and filing of the final plat. Councilmember Blesener seconded the motion. Mr. John Maczko was present to request approval of front and side yard setback variances to allow construction of an addition to his home at 751 Cheyenne Lane. Mr. Maczko explained his application. Responding to a question from Councilmember Cummins, he stated that he is not aware of any homes on Cheyenne which have front yard setback variances, but that there are homes on Apache and Pueblo which have received front yard setback variances. He stated that all of his neighbors have given their approval to the request. Councilmember Cummins moved approval of an 8'6" variance from the front yard setback requirement and 6" variance from the sideyard setback requirement to allow construction of an addition to 751 Cheyenne Lane 21 feet 6 inches from the front property line and 9 feet six inches from the side yard property line. Councilmember Hartmann seconded the motion. CASE NO. 89-22, KUROSS Public Works Director informed Council that Mr. Kuross could not be present for the discussion, pointed out that the application for the lot division had been unanimously recommended for approval by the Planning Commission. Mr. Danielson explained that Mr. Kuross proposes to increase the size of the outlot which provides access to the previously landlocked property north of his. Page No. 2618 July 11, 1989 Councilmember Blesener moved adoption of Resolution No. 89-54, "RESOLUTION APPROVING THE LOT DIVISION OF LOT 2, BLOCK 1, VAL'S ADDITION." Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 FINAL PLAT, ALICE LANE Council acknowledged the final plat, SUBDIVISION developer's agreement and plans and specifications for public improvements to serve the Alice Lane Subdivision. Ayes: 4 Nays: 0 Abstain: 1 Blesener Ayes: 4 Nays: 0 Abstain: 1 Blesener SMALLIDGE POOL FENCE Mayor Mertensotto pointed out that the temporary cul-de-sac will be located on the Eide property. After brief discussion, Councilmember Hartmann moved adoption of Resolution No. 89- 55, "RESOLUTION APPROVING FINAL PLAT FOR ALICE LANE SUBDIVISION, along with authorization for execution of the developer's agreement. Councilmember Cummins seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 89-56, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE ALICE LANE SUBDIVISION AND ADJACENT AREAS (IMPROVEMENT NO. 89, PROJECT NO. 3). n Councilmember Cummins seconded the motion. Mr. & Mrs. Ronald Smallidge, 716 Stanwich Lane, were present to request pool fence height variances for fencing on the south and west sides of their property. Mr. Smallidge gave Council a background on the history of the existing fence. He informed Council that he did not realize that separate permits were required for the pool and the fence and that they had been given erroneous information from City staff on fence height requirements. He indicated that staff informed his wife that a four foot fence was required, when in fact pool fences CASE NO. 89-23, PASTER Page No. 2619 July 11, 1989 must be five feet high. They were not aware of the five foot requirement until after the south and west fences had been installed. Mr. Smallidge also noted that there are several pools in his neighborhood with four foot fences. Mayor Mertensotto observed that while Council may be in sympathy with the applicants, the issue is one of safety, and approval of a four foot fence would be precedent setting. After further discussion, Mayor Mertensotto suggested that perhaps the applicants can find out from their insurance carrier as to whether the City can be a named insured on their policy to protect the City from any negligence in granting a variance from its standard. Councilmember Cummins felt that high fences are necessary around swimming pools and that he would like staff to consider whether six foot fences should be considered. He indicated that he would be more comfortable in considering the request if the City can be a named insured, but would be more comfortable if the applicant would also agree to installing a five foot fence at least in the small section, between the garage and the side property line, where the gate is located. He noted that the rest of the yard is surrounded by hedges and garden which could impede night-time visitors. Mr. Smallidge indicated that a five foot fence will be installed on the east property line as soon as possible. Council tabled action on the request to the August 1st meeting. Mr. Paul McGinley was present to represent Mrs. Celia Paster in her application for subdivision of property located on the southeast corner of Orchard Place and Hunter Lane into two lots. Responding to a question from Mayor Mertensotto, Mr. McGinley stated that the applicant will dedicate an additional 14 feet of right of way for Hunter Lane and additional right-of-way to make Orchard Place 60 feet wide on the north side of the Page No. 2620 July 11, 1989 property. He stated that the additional right-of-way will be dedicated on the plat. Mr. Art Mulvihill expressed concern over potential drainage problems and the elevation of the property. Mayor Mertensotto stated that the concerns are well taken. Councilmember Blesener pointed out that the Planning Commission agreed to a wider drainage easement along the east property line but that no drainage easement is shown on the preliminary plat. Mr. McGinley responded that since the Commission meeting he has met with staff and that it is proposed that the existing swale along the eastern side of the property will be made more definite when grading for a house is done. A small berm will also be erected along the entire east line of the property to carry any drainage from the back yards from into the swale. There will be a 30 foot drainage area along the east side of the plat. Public Works Director Danielson stated that the plan shows the final grade for a house and suggested that approval of the plat can be subject to submission of grading plans when house plans are submitted for building permit applications. Councilmember Blesener pointed out that the property is heavily wooded and expressed concern that many trees will need to be removed in order to create a swale or berm. She asked if this would be done immediately or as the houses are built. Mr. McGinley responded that he anticipates that it will take place when the homes are built. Mayor Mertensotto stated that he would have no problem approving the preliminary plat with the condition that a grading plan is established and approved by City engineering and submitted with the final plat. Mr. George Frisch, representing Mrs. Paster, stated that he is concerned over the easement and drainage control requirement. He informed Council that a purchase agreement Ayes: 5 Nays: 0 CASE NO. 89-21, MENDAKOTA SIGN Page No. 2621 July 11, 1989 has been signed for one of the lots and that an agreement on the other is expected soon. He felt that Mrs. Paster would be uncomfortable with trying to dictate to those purchasers any limitations or restrictions which may be unnecessary. He did not want Mrs. Paster to be in a position of having to negotiate with the Council on behalf of the purchasers. Mayor Mertensotto pointed out that Council is negotiating up front and informing the applicant on what the requirements will be so that the prospective purchasers will know the requirements before they apply for building permits. He stated that a site grading plan and easement is necessary because there may be a water problem. Councilmember Blesener stated that she was surprised that there has been no response from the neighbors and concerned about starting to divide lots in this area of the City to the size proposed in the preliminary plat. She felt that the proposed plat represents a distinct change in the character of the area. Councilmember Cummins shared the concern and stated that he would hate to see an area with lovely, very large lots suddenly start to be divided into standard sized lots. Mayor Mertensotto pointed out that there is no way Council can stop progress or development. Councilmember Hartmann moved approval of the preliminary plat with the following conditions: that a drainage way be dedicated on the final plat; that right-of-way easement area be dedicated on the final plat; and that site grading plans be required prior to issuance of building permits. Councilmember Witt seconded the motion. Mayor Mertensotto informed Council and the audience that Mendakota Country Club has requested that the hearing on its application for a conditional use permit for fencing around its property boundaries be postponed to the August 1st meeting. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 TRANSIT BOARD Ayes: 5 Nays: 0 Page No. 2622 July 11, 1989 Mr. John Carl, representing Mendakota, was present to request approval of a sign setback variance to allow construction of an identification sign on City property at the intersection of Dodd Road and Mendakota Drive, Mayor Mertensotto felt that the proposed sign would look much better if it had two poles rather than the single center-pole proposed. Mr. Carl responded that the proposed sign matches the existing large sign at the entrance to the club off of Mendakota Drive. He further responded that he will try to find a way to frame the sign on each side so that it can be attached to two poles. Responding to a question from Councilmember Blesener regarding plantings or landscaping around the sign, Mr. Carl stated that the sign is proposed to be located on City property and that he would try to work out some type of landscaping with City staff but that there is polluted (weed) growth in the area where the sign is proposed. After discussion, Councilmember Cummins moved to approve a variance to allow placement of a Mendakota Country Club identification sign, not to exceed five feet in height, on City property subject to execution of a revokable license by Mendakota Country Club and the City Council. Councilmember Hartmann seconded the motion. Councilmember Cummins moved to continue the public hearing on an application from Mendakota Country Club for a conditional use permit for a fence to 8:15 P.M. on August 1st. Councilmember Witt seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 89-57, "RESOLUTION ENDORSING THE CANDIDACY OF COUNCILMEMBER ELIZABETH WITT FOR APPOINTMENT TO THE REGIONAL TRANSIT BOARD." Councilmember Blesener seconded the motion. Page No. 2623 July 11, 1989 PERSONNEL On the recommendation of the City Administrator, Councilmember Hartmann moved that Kim Blaeser be appointed to the position of Senior Secretary, with a one year probationary period, effective July 1, 1989, at salary Step D and that Nancy Bauer be appointed to the position of Secretary, with a one-year probationary period, effective July 1, 1989, at salary Step B. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 COMMISSION APPOINTMENT Council acknowledged a memo from Administrator Frazell informing Council that Park Commissioner Robert Leffert had verbally informed him of his resignation from the Commission. Ayes: 5 Nays: 0 ST. PAUL WATER CITY HALL CARPET Ayes: 5 Nays: 0 After brief discussion, Councilmember Witt moved that Michael Lundeen be appointed to the Park Commission, effective immediately, to complete the term of Robert Leffert which expires on January 31, 1992, and to accept the resignation of Robert Leffert from the Commission. Councilmember Blesener seconded the motion. Council acknowledged and discussed a report from the City Administrator regarding the St. Paul Water Utility contract, which expired four years ago and has not been renegotiated, and suggesting options. It was Council consensus that a regional water district should be created to replace the St. Paul Water Utility. Councilmember Cummins moved to authorize an expenditure of $1,495 to St. Paul Llnoleum and Carpet Company for purchase of a carpeting pad for the City Hall commons area. Councilmember Hartmann seconded the motion. TARGET ISSUES Council acknowledged a revised Target Issues list. MANDEL WATER HOOK-UP Council acknowledged a report from Public Works Director Danielson regarding a request COUNCIL COMMENTS Page No. 2624 July 11, 1989 from Mr. Jerome Mandel for connection to the City's water system to his home located at 1770 Delaware Avenue in West St. Paul. Mr. Mandel asked that Council grant his request and charge him for only 100 feet of the 308 feet of his property's frontage. Public Works Director Danielson pointed out that action similar to Mr. Mandel's request was taken for Mr. Burt Anderson, a neighbor of Mr. Mandel. Mayor Mertensotto suggested that Mr. Mandel execute an agreement in which the entire parcel of property would be described and whereby the City would agree to provide water at a cost of $2,244.29 for 100 feet of frontage, and Mr. Mandel would agree that if the property is divided in the future an equivalent assessment of 100 foot frontage would be paid with respect to the subdivided parcels. City Attorney Hart stated that he could prepare a simple agreement which can be made of record. Councilmember Cummins stated that he has no objection to the Mayor's suggestion but felt that Council should consider amending its current policy( which bases connections on actual frontage), which is not being followed in this instance. Mr. Mandel stated that he would be willing to execute such an agreement. Councilmember Hartmann stated that many elm trees in his neighborhood, the Slowinski property and Valley Park are dying, and asked how it can be determined whether dutch elm disease is causing the tree loss. Administrator Frazell stated that Mike Scharrer's contract provides that he should tell the City where there is evidence of other types of tree disease in addition to oak wilt, and that he would ask Mr. Scharrer to investigate the locations Councilmember Hartmann has cited. Councilmember Witt asked for an update on demolition of the fire station. Administrator Frazell informed Council that demolition of the station and the homes purchased in the ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2625 July 11, 1989 Furlong area is scheduled for this year, however engineering must draft specifications for demolition. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to the July 13th special meeting with the Furlong area residents. Councilmember Blesener seconded the motion. TIME OF ADJOURNMENT: 8:18 o'clock P.M. Charles E. Mertensotto Mayor ithltzete.."-A_-) een M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON JULY 11, 1989 Concrete License: Peter Klatte Brick & Stone Construction Excavating Licenses: Gary Bobcat Service Kenealey Co., Inc. St. Paul Utilities, Inc. Gas Piping Licenses: Genz-Ryan Plumbing & Heating Co. Harris Mechanical Hinding Company Innovative Heating & Air, Inc. Midwestern Mechanical Corp. General Contractors Licenses: Advent Construction Co., Inc. Decks Plus HBS Construction, Inc. J & L Schwieters Construction, Inc. Linert Construction Minnesota Exteriors, Inc. Sawhorse Designers & Builders Thomas Conway Contractor Heating & Air Conditioning Licenses: Gen-Ryan Plumbing & Heating Co. Innovative Heating & Air, Inc.