1989-05-16 Council minutesPage No. 2550
May 16, 1989
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, May 16, 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, and Hartmann. Councilmember Witt
had notified the Council that she would be out of town.
AGENDA ADOPTION
Ayes: 4
Nays: 0
APPROVAL OF MINUTES
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
CONSENT CALENDAR
Councilmember Cummins moved adoption of the
revised agenda for the meeting.
Councilmember Hartmann seconded the motion.
Councilmember Hartmann moved approval of
the minutes of the April 18th meeting.
Councilmember Blesener seconded the motion.
Councilmember Cummins moved approval of the
minutes of the May 2nd meeting.
Councilmember Hartmann 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. Adoption of Resolution NO. 89 -40,
"RESOLUTION APPROVING FINAL PLAT FOR
VICTORIA HIGHLANDS 5TH ADDITION."
b. Acknowledgment of the Engineer's
Project Report dated May 16, 1989.
c. Acknowledgment of the Treasurer's
monthly report for April.
d. Acknowledgment of the Fire Department
monthly report for April.
e. Acknowledgment of the minutes of the
April 25th Planning Commission meeting.
Ayes: 4
Nays: 0
PUBLIC COMMENTS
HEARING: MENDAKOTA
CLUB LIQUOR LICENSE
Ayes: 4
Nays: 0
Page No. 2551
May 16, 1989
f. Approval of the list of contractor
licenses dated May 16, 1989 and
attached hereto.
g. Approval of the list of claims dated
May 16, 1989 and totalling $152,335.76.
h. Acknowledgment of a letter from Senator
Howard Kuntson regarding proposed
legislation to create a State Advisory
Commission on Airport Planning.
Councilmember Blesener seconded the motion.
Mr. Art Miller, 1 Dorset Road, was present
to inform Council of a water pressure
problem in the Somerset Addition. He
explained that he would like to install a
sprinkler system but that the firm he had
contacted informed him that his water
pressure of 25 pounds per square inch is
too low.
Public Works Director Danielson responded
that he is aware that a portion of the
Somerset Addition does experience low water
pressure because of the elevation of the
area.
Council directed that Mr. Danielson
investigate the matter and report back to
Council.
Mayor Mertensotto opened the meeting for
the purpose of a public hearing on an
application from Mendakota Country Club for
renewal of its Club Liquor License. The
Council acknowledged a report and
recommendation from the City Clerk.
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Cummins moved that the
hearing be closed.
Councilmember Blesener seconded the motion.
Ayes: 4
Nays: 0
HEARING: SOMERSET
CLUB LIQUOR LICENSE
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
HEARING: MARRIOTT
LIQUOR LICENSES
Ayes: 4
Nays: 0
Page No. 2552
May 16, 1989
Councilmember Cummins moved approval of the
renewal of a Club Liquor License for
Mendakota Country Club.
Councilmember Hartmann seconded the motion.
Mayor Mertensotto opened the meeting for
the purpose of a public hearing on an
application from Somerset Country Club for
renewal of its Club Liquor License. The
Council acknowledged a report and
recommendation from the City Clerk.
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Cummins moved that the
hearing be closed.
Councilmember Hartmann seconded the motion.
Councilmember Hartmann moved approval of
the renewal of a Club Liquor License for
Somerset Country Club.
Councilmember Blesener seconded the motion.
Mayor Mertensotto opened the meeting for
the purpose of a public hearing on
applications from the Courtyard Management
Corporation for renewal of its Limited
Service Hotel On -Sale and On -Sale Sunday
Liquor Licenses for the Courtyard by
Marriott Hotel. The Council acknowledged a
report and recommendation from the City
Clerk.
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Blesener moved that the
hearing be closed.
Councilmember Hartmann seconded the motion.
Councilmember Blesener moved approval of
the renewal of Limited Service Hotel On-
Sale and On -Sale Sunday Liquor Licenses to
Page No. 2553
May 16, 1989
the Courtyard Management Corporation for
the Courtyard By Marriott Hotel.
Councilmember Cummins seconded the motion.
Ayes: 4
Nays: 0
HEARING: LAMA Mayor Mertensotto opened the meeting for
COPPORATION LIQUOR the purpose of a public hearing on
LICENSE an application from the LAMA Corporation
for renewal of the MGM Liquor Warehouse
Off -Sale Liquor License. The Council
acknowledged a report and recommendation
from the City Clerk.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
HEARING - UTILITY
EASEMENT VACATION
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Cummins moved that the
hearing be closed.
Councilmember Hartmann seconded the motion.
Councilmember Hartmann moved approval of
the renewal of the LAMA Corporation Off -
Sale Liquor License for the MGM Liquor
Warehouse.
Councilmember Blesener seconded the motion.
Mayor Mertensotto opened the meeting for
the purpose of a public hearing on an
application from Mr. Tom Hastings for the
vacation of a utility easement across the
rear portion of Lot 3, Block 1, Valley
Curve Estates. Council acknowledged a
report from the Public Works Director.
Mr. Hastings stated that when his lot was
platted there was a large easement across
his rear yard for the purpose of running
sewer and water to his neighbor's lot, but
that only water was installed in the
easement area. He asked that the easement
area be reduced. Responding to a comment
from Mayor Mertensotto, Mr. Hastings
indicated that he is not requesting a
waiver of the vacation application fee.
Mayor Mertensotto asked for questions and
comments.
Ayes: 4
Nays: 0
Page No. 2554
May 16, 1989
There being no questions or comments,
Councilmember Cummins moved that the
hearing be closed.
Councilmember Blesener seconded the motion.
Mayor Mertensotto informed Mr. Hastings
that if the vacation is approved, recording
of the vacation will not occur until Mr.
Hastings executes and submits an easement
for a relocated easement area.
Councilmember Cummins moved adoption of
Resolution NO. 89-41, "RESOLUTION APPROVING
VACATION OF A DRAINAGE AND UTILITY
EASEMENT," conditioned upon the granting of
a drainage and utility easement consistent
with the staff recommendation.
Councilmember Hartmann seconded the motion.
Ayes: 4
Nays: 0
COPPERFIELD STOP SIGNS Several residents of the Copperfield area
were present in support of their written
request of May 9th for additional traffic
control signs in the Copperfield
developments.
Mr. Michael Dwyer, Mr. Phil Villaume, and
Mr. Dick Bjorklund, Jr., spoke on behalf of
the neighborhood. They felt that given the
large number of small children in the area
and the high volume of traffic, stop signs
are necessary to provide protection for the
children.
Mayor Mertensotto pointed out that when the
Council requests installation of stop signs
on County or State roads certain warrants
must be met. He also pointed out that
Council has not received a complete report
and recommendation from staff.
Councilmember Blesener stated that one of
her concerns is that children come to rely
on cars stopping at stop signs, and if cars
do not stop for the signs it would be a
more dangerous situation for the children.
She felt that much of the problem is
created by construction traffic which is in
the area on a temporary basis.
Mr. Dwyer responded that many of the lots
are still vacant and it will probably be
Page No. 2555
May 16, 1989
twelve years before construction traffic is
gone.
Councilmember Cummins stated that his first
reaction is to not support the placement of
stop signs on small feeder streets because
this might cause the traffic to move faster
on the primary roads. He did agree that
perhaps stop signs should be placed on
Copperfield and Fieldstone in the future
and that it might be a possibility that
children at play signs could be placed at
the primary entrances to Copperfield. He
felt that the neighborhood should put
pressure on some of the residents who are
speeding.
Mayor Mertensotto concurred in
Councilmember Blesener's concern, pointing
out that strangers to the neighborhood
might not anticipate the proposed stop
signs and may not observe them, which could
create a hazardous situation. He pointed
out that Council often receives requests
for stop signs and that warrants must be
met before such signs are approved.
Councilmember Blesener pointed out that
Copperfield is a new neighborhood and there
are no other comparable neighborhoods in
the City which are developing with the
significant population Copperfield is. She
felt that given the potential number of
homes (198) and the large number of small
children, Copperfield presents a unique
situation and that Council should not be
concerned that it will get many similar
requests because of action taken on this
request.
After much discussion, Councilmember
Cummins moved to direct staff to prepare an
ordinance to provide for a four-way stop at
Copperfield and Fieldstone and "Slow,
Children At Play" signs in three locations.
Administrator Frazell informed Council that
staff often receives requests for the
children playing signs, but that it has
always been City practice to refuse such
requests. He pointed out that State
guidelines suggest that these signs are
appropriate only in school areas, because
Ayes: 4
Nays: 0
FURLONG ADDITION
Page No. 2556
May 16, 1989
the more of the signs that are installed,
the more meaningless they become.
Councilmember Blesener stated that she
would like to amend the motion to delete
the children at play signs and add stop
signs at Stone Road and Copperfield, at
PondView and Fieldstone, and at Watersedge
and Pond View.
After additional discussion, Councilmember
Cummins withdrew his original motion and
moved to direct staff to prepare an
ordinance amendment to provide for a four-
way stop intersection at Copperfield Drive
and Fieldstone Drive and to refer the
balance of the Copperfield residents'
request to the Police and Engineering
Departments for report and recommendation.
Councilmember Blesener seconded the motion.
Council acknowledged a report from the City
Administrator regarding purchase of homes
in the Furlong Addition. Several Furlong
Addition residents were present for the
discussion.
Mayor Mertensotto stated that the
neighborhood residents came to the Council
for relief and for assistance some time ago
when the neighborhood wanted sewer and
water. The feasibility study which
resulted indicated that it would cost at
least $25,000 per property to extend the
utilities. After the Highway 55 Study was
completed, and many of the Furlong
residents indicated that they would like
the City to buy their properties, Council
felt buy-out would be preferable in view of
the utility and air noise problems. He
stated that about a year ago City
representatives began having meetings with
the neighborhood and about 65 percent of
the property owners indicated that they
would be willing to sell to the City. He
pointed out that Council has not adopted
any kind of buy-out proposal at this time
because it would first be necessary to find
a developer who would develop the area.
Although the City has contacted a number of
developers and made inquiries regarding the
Page No. 2557
May 16, 1989
Furlong area, none of the developers has
expressed any interest.
Treasurer Shaughnessy, responding to a
question from the Mayor, stated that the
Tax Increment District could afford about
$400,000 a year to purchase three to five
of the homes per year, depending on the
price ranges
Mayor Mertensotto informed the audience
that the City has no ability to commit to
the purchase of all of the homes but can
use the Tax Increment monies to purchase
homes on a hardship basis, since money had
been included in the district to assist in
the utility extension when the Tax
Increment District was formed.
Administrator Frazell gave the Council and
audience a brief synopsis of his report.
In summary, he stated that staff feels the
City could probably afford to buy 3 to 4
homes per year and that while the City
can't immediately, meet all of the requests
from the thirteen homeowners who have
written letters requesting buy-out, it
should be possible to do so over the next
three or four years. He pointed out that
the City will have to work with the
neighborhood to come up with an agreeable
schedule of which properties will be
purchased first. With respect to
neighborhood concern over appraisals
resulting in discounts for air noise and
lack of utilities, he stated that when the
City's appraiser prepared appraisers for
the Rogers Road area, he discounted those
properties 10 percent for the impact of
airport noise. He explained that what the
appraiser indicated was that in a fair
market transaction, a willing buyer would
pay 10 percent less for that land than he
would otherwise pay if the property were
not impacted by air noise. He informed the
audience that in the case of Rogers Road
and the Mulvihill purchases, the Council
has indicated that this would be a factor
in the sale and the sellers have agreed to
take the discount.
A gentleman from the audience stated that
in the past he submitted pictures of the
Page No. 2558
May 16, 1989
road conditions in the area but nothing has
been done.
Public Works Director Danielson responded
that there have been several staffing
problems in the Public Works Department
recently and that road repairs will be done
as soon as is possible.
Mr. Bernard Biessener asked whether all of
the thirteen property owners asking to be
bought out have indicated they have sewer
and water problems and if their properties
will automatically receive a 10 percent
discount because of those problems.
Mr. Frazell responded that not all of the
writers indicated they had utility problems
and that the appraiser will make a
determination on values after on-site
visits. He further indicated that the
appraisers job is to do the best job he can
in determining what the fair market value
is - what the property could be sold for
given the problems of airport noise and
sewer and water systems that are not
functioning.
Mayor Mertensotto stated that there are 13
requests and the City cannot buy all 13
properties at this time, so a priority
schedule of some type must be developed.
Mr. Robert Tousignant presented and
summarized a letter prepared as the result
of a meeting of 16 neighborhood residents.
He stated that he believes it is important
that a clear definition of hardship be
arrived at and that a procedure should be
developed so that the community has a broad
general idea of what will happen.
Councilmember Blesener agreed that Council
should arrive at a definition of hardship
and to determine some way to establish
priorities for evaluating hardships.
Councilmember Cummins stated that Council
needs to determine, perhaps with input from
the community and from staff, what the key
criteria are that Council is to use to
determine which four houses it will buy
this year.
RECESS
RECYCLING
Page No. 2559
May 16, 1989
Councilmember Blesener stated that staff
has suggested that they prepare a standard
of criteria and she would like the
neighborhood to have a chance to review
those standards and give input in
establishing the standards.
City Attorney Hart stated that the reason
the City hired an appraiser is to establish
the fair market value of the properties as
they sit, where they sit. He stated that
people must keep in mind that these are
public funds being used to buy the
properties and Council is entrusted with
responsibility to pay fair market value for
any property it acquisition.
A gentleman in the audience stated that it
was his understanding that the survey done
by the City was predicated on getting a
fair market value for the properties and a
$20,000 relocation expense and there was no
mention of a reduction in value for air
noise or lack of sewer and water.
Councilmember Cummins responded that the
Council has never indicated it would pay
$20,000 in relocation expenses.
Mayor Mertensotto stated that the gentleman
was apparently referring to a statement of
the City Planner that the statutes allow
relocation benefits up to $20,0000.
Council heard and responded to several
questions from the audience. Staff was
directed to prepare proposed hardship
criteria, and establishing priorities for
review by the Council on June 6th.
Mayor Mertensotto called a recess at 10:15.
The meeting was reconvened at 10:20 P.M.
Council acknowledged and discussed a
proposed resolution adding a clause in the
recycling policy resolution to add multi-
family units
After discussion, Councilmember Hartmann
moved to rescind Resolution No. 89-22, "A
RESOLUTION ESTABLISHING RECYCLING POLICIES
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
NORTH IVY HILLS
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
OAK WILT
PROPERTY PURCHASES
Page No. 2560
May 16, 1989
FOR 1989."
Councilmember Cummins seconded the motion.
Councilmember Hartmann moved adoption of
Resolution No. 89 -42, "RESOLUTION RE-
ESTABLISHING RECYCLING POLICIES FOR 1989."
Councilmember Cummins seconded the motion.
Council acknowledged the North Ivy Hills
2nd Addition final plat, Devel'oper's
Agreement and plans and specifications for
public improvements.
Councilmember Cummins moved adoption of
Resolution No. 89 -43, "RESOLUTION APPROVING
FINAL PLAT FOR NORTH IVY HILLS 2ND
ADDITION."
Councilmember Hartmann seconded the motion.
Councilmember Blesener moved adoption of
Resolution No. 89 -44, "RESOLUTION APPROVING
FINAL PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR
IMPROVEMENTS TO SERVE NORTH IVY HILLS 2ND
ADDITION AND ADJACENT AREAS (IMPROVEMENT
NO. 88, PROJECT NO. 6) AND (IMPROVEMENT NO.
89, PROJECT NO. 1)."
Councilmember Cummins seconded the motion.
Council acknowledged a follow -up report
from the City Administrator on Oak Wilt
Disease. Mayor Mertensotto stated that
Council received a generalized statement
from Mr. Scharrer last meeting on what he
proposes to do for the City. He pointed
out that no money has been appropriated in
the budget. It was the consensus staff
work out an alternative solution as to what
might be done to use the consultant's
services to more accurately define the
problem and what can be done this year to
implement control procedures.
Councilmember Cummins moved to approve
execution of the Standard Purchase
Agreement and supporting documents with
Mrs. Margaret Rockhold for purchase of the
Page No. 2561
May 16, 1989
property located at 2161 State Trunk
Highway 55, Mendota Heights and with Miss
Jeanne Tousignant for purchase of the
properties located at 2141, 2143, and 2145
State Trunk Highway 55, Mendota Heights.
Councilmember Blesener seconded the motion.
Ayes: 4
Nays: 0
MISCELLANEOUS Council acknowledged a response to
Council's inquiry on the Mendota Plaza
Shopping Center status.
MARIE AVENUE STREET Council acknowledged a report from Public
REHABILITATION Works Director Danielson regarding Marie
Avenue street rehabilitation.
ADJOURN
Ayes: 4
Nays: 0
ATTEST:
ha1es: E1 :-M6tten'sotto
There being no further business to come
before the Council, Councilmember Cummins
moved that the meeting be adjourned to 7:00
P.M. on May 30th for a joint work session
with the Planning and Park and Recreation
Commissions.
Councilmember Blesener seconded the motion.
TIME OF ADJOURNMENT: 10:40 o'clock P.M.
rn
thleen M. Swanson
City Clerk
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
ON MAY 16, 1989
Concrete Licenses:
Ace Concrete Contractors, Inc.
Broberg- Ducharme Enterprises, Inc.
Gas Piping License:
Metro Air, Inc.
General Contractor Licenses:
Alside Builders Service Company
Apple Valley Pools and Spas, Inc.
D.A. Smith Builders, Inc.
Fenc -Co., Inc.
Joseph R. Millet Construction
Martin A. Keller Builders
Pacific Pools
Quality Exteriors
SBS Construction, Inc.
Sela Roofing & Remodeling
Southview Design & Construction
Timberwall Landscaping, Inc.
Heating & Air Conditioning Licenses:
Key Metalcraft
Metro Air, Inc.
Supreme Heating & Air Conditioning
ATTACHMENT
FROM APRIL 15 WORKSHOP
************************
UPDATE ON TARGET ISSUES FACING THE CITY
Participants reviewed the previous target issues facing the City and
added new issues. The following is a prioritized list of 31 current
issues facing the City.
HIGHEST PRIORITY (Number of votes listed in parenthesis)
(14) Highway 110/Lexington Intersection 5C 1S 8CM
(12) Airport Noise 5C 1S 6CM
(12) Highway 55 Corridor Study 5C 2S 5CM
(11) Park Development 5C 2S 4CM
(11) Updating of the Comprehensive Plan 2C IS 8CM
(11) Long Range Park Plan 2C IS 8CM
(10) Processing Development Applications 3C 2S 5CM
(10) 110/Dodd Area Development 5C 2S 3CM
HIGH PRIORITY :
(7) Southeast Area Park Development
(6) Use of "Garron" Site
(6) Recreation Program
(6) Regional Traffic Problems
(5)
Zoning Code Amendments
(4) Tax Increment District
,
i
LOWER PRIORITIES
3C OS 4CM
3C OS 3CM
2C 1S 3CM
2C 1S 3CM
1C 2S 2CM
1C 1S 2CM
(3) Infra-Structure Replacement Policy 2C 1S OCM
(2) Street Lighting/Sidewalk Policy 1C OS 1CM
(2) Commissions OC OS 2CM
(2) Financial Management 2C OS OCM
(1) Economic Development OC f$ OCM
(1) House Moving Ordinance 1C OS OCM
(1) Fee Schedules OC OS 1CM
(1) Recycling OC OS 1CM
(1). Senior Citizens 1C OS OCM
(1) Housing Policy OC OS 1CM
LOWEST PRIORITIES
(0)
(0)
(0)
(0)
(0)
(0)
(0)
KEY
Drainage Ditch and Holding Ponds
Sanitary Sewers
City Code Codification
St. Paul Water Agreement
Watershed Management Organizations
Law Enforcement Organizations
Education on Drugs
C - Council
S - Staff
CM - Commission
3