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1989-05-02 Council minutesPage No. 2540 May 2, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 2, 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 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 4th meeting. Councilmember Witt seconded the motion. Councilmember Blesener moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Approval of partial payments 11 and 12 to Doody Mechanical totalling $10,576.73 for work completed on City Hall. b. Approval of Change Order No. 1, to the contract for Val's Addition improve- ments (Improvement No. 88 -4), increasing the contract by $4,140 for transplanting of 18 trees. c. Approval of a critical area building permit for Choice Wood, Inc., to allow construction of an addition at 1199 Culligan Lane, along with waiver of the Critical Area application fee. d. Acknowledgment of an update from Administrator Frazell regarding the review of Airport Corridor Information Ayes: 5 Nays: 0 CABLE TELEVISION OAK WILT DISEASE Page No. 2541 May 2, 1989 received under the Freedom of Information Act request. e. Acknowledgment of the draft minutes of the March 15th Parks and Recreation Commission meeting. f. Acknowledgment of the buidling activity report for April. g. Approval of the list of contractor licenses dated May 2, 1989 and attached hereto. h. Approval of the list of claims dated May 2, 1989 and totalling $326,465.42. i. Appointment of Bernard Friel to the MASAC Operations Subcommittee for Review of the 180-day Runway 4 Departure Test. Councilmember Witt seconded the motion. Mr. Ken Henderson, Chair of the Northern Dakota County Cable Communications Commission, was present to give Council an update on Cable Commission activities and how cable television is being used in the northern Dakota County service area. Mr. Mike Scharrer, a consulting forester who has been meeting with residents in the Orchard/Hunter area regarding the oak wilt disease problem, presented a report and recommendations for dealing with oak wilt in Mendota Heights. Representatives of the Minnesota Forestry Association, Department of Agriculture Shade Tree Program, and Dakota County Soil Conservation Board, and Mendota Heights residents Noah Eisenberg and Dick Lachenmaier were introduced. Mr. David Stephenson, from the Agriculture Department, coordinator of the state-wide oak wilt control effort stated that the first step is to adopt an ordinance which serves as a legal basis and a framework. He stated that it is also necessary that someone be available to teach people how to deal with the problem and to get information out to homeowners and Page No. 2542 May 2, 1989 construction contractors. Mr. Stephenson pointed out that damage to trees by construction equipment is a serious problem. He informed Council that he is available to assist in developing a program for the City and that Mr. Scharrer is available as a consultant. Mayor Mertensotto suggested that oak wilt should be a topic for the next City newsletter to begin the educational process. He also suggested that the issue of tree damage and oak wilt should be addressed during pre-construction conferences with contractors. Mrs. Vicky Katz, present for the discussion, felt that information articles should be placed in the local newspapers rather than the City newsletter. Councilmember Cummins suggested that staff should meet with Mr. Scharrer, review his proposal, and come back to Council with a report and recommendation. Mr. Howard Olson, President of the Minnesota Forestry Association, stated that he has been a resident of Mendota Heights for 38 years and that if the City needs volunteers for the control program he would be glad to assist. Councilmember Blesener asked whether there is a handout which could be given out with building permits. Mr. Scharrer stated that there is a fact sheet available from the Agriculture Department which would be excellent, and that it describes the problem of construction damage. Mrs. Dorothy Waltz, 2095 Delaware, commented on the construction activity in the southern portion of the city and encouraged Council to continue Mr. Scharrer's efforts. Mr. Eisenberg informed Council on the oak wilt problem in the Orchard/Hunter area. Mayor Mertensotto expressed Council's appreciation to all who were present for the discussion and stated that Council will EXECUTIVE DRIVE Ayes: 5 Nays: 0 CASE NO. 89-17, IOS Page No. 2543 May 2, 1989 have staff to meet with the Agriculture Department and Mr. Scharrer on the matter. Council acknowledged a tabulation of bids received for construction of Executive Drive improvements. Councilmember Hartmann moved adoption of Resolution No. 89-37, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF WATERMAINS, STORM SEWER AND STREET CONSTRUCTION TO SERVE LOTS 3, 4, 5, 6 AND 7, BLOCK 4 AND LOTS 1 AND 2, BLOCK 5, MENDOTA HEIGHTS INDUSTRIAL PARK (EXECUTIVE DRIVE, IMPROVEMENT NO. 89, PROJECT NO. 2)," awarding the contract to HRS Construction for its low bid of $69,387.40. Councilmember Cummins seconded the motion. Mr. Ray Hagen was present to request approval of an amendment to the IOS Planned Unit Development and a variance for sign size. He informed Council that the PUD as approved allows for a 3-story building but that the applicant proposes a two story building of about 27,000 square feet with a slightly larger building footprint than the approved PUD. He also indicated that there would be an enclosed skyway connection. Responding to a question from Councilmember Cummins regarding signage, Mr. Hagen stated that the building exterior will be the same as the existing structure. Councilmember Blesener stated that she could not support approval of 6 foot tall bright red letters for signage on the building as is requested. Councilmember Cummins indicated that he is not pleased with the red letters on the existing building and would be inclined to approve the building permit but to direct IOS to work with staff to come up with more acceptable lettering. Mayor Mertensotto reminded the applicant of the requirement for payment of the $3,906 park contribution prior to building permit issuance. Ayes: 5 Nays: 0 CASE NO. 89 -11, BJORKLUND Ayes: 5 Nays: 0 Page No. 2544 May 2, 1989 Councilmember Cummins moved to approve the variances to the original IOS planned unit development to allow a 2 story building with a 13,500 square foot footprint, and a skyway, subject to receipt of the $3,906 park contribution, but omitting the variance request for the sign, and to direct the developer to work with staff to design a sign more consistent with City ordinances. Councimember Blesener seconded the motion. Mr. Dick Bjorklund, Jr., was present to request Council approval of a wetlands permit to allow construction of a swimming pool 75 feet from the wetlands at 2324 Fieldstone Drive. After brief discussion, Councilmember Cummins moved approval of a 25 foot variance from the wetlands setback requirement to allow construction of a swimming pool 75 feet from the wetlands at 2324 Fieldstone Drive, based on the recommendation of staff and the Planning Commission. Councilmember Hartmann seconded the motion. CASE NO. 89 -16, NIDES Mr. John Nides was present to request approval of a six foot rear yard setback variance to allow construction of a bedroom addition to his home at 2094 Patricia. He stated that the house is at an angle on the lot and only one corner of the addition would intrude on the setback. Ayes: 5 Nays: 0 CASE NO. 89 -14, POSTHUMUS Councilmember Hartmann moved approval of a six foot rear yard setbackvariance to allow construction of an addition 24 feet from the rear property line at 2094 Patricia. Councilmember Witt seconded the motion. Mr. Bruce Posthumus was present to request Council approval of a 10 foot front yard setback variance to allow construction of a garage on a double -front lot 20 feet from the front property line at 540 Annapolis. Page No. 2545 May 2, 1989 Responding to Council questions about the slope of the garage down to Fremont and need for filling, Mr. Posthumus stated that a floor drain will not be necessary, that the elevation of the garage floor will be sufficient to provide for runoff. He further stated that he plans to pour the slab on the ground without doing any digging. Mayor Mertensotto noted that the structure is over -sized and pointed out that it may not be used for auto repair service purposes. Mr. Posthumus responded that the garage will be used strictly for residential purposes and that he has no intention of running a repair service. Councilmember Biesener moved to waive the requirement for conditional use permit and hearing and to approve a 10 foot front yard setback variance to allow construction of a garage 20 feet from the front property line at 540 Annapolis. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 HANSON SUBDIVISION Mayor Mertensotto informed the audience that agenda item 9e, Hanson Subdivision, has been removed from the agenda at the request of the applicant. CASE NO. 89 -13, Councilmember Biesener was excused from the BLESENER BUILDERS, INC. Council so that she could make a presenta- tion on behalf of Blesener Builders. Mrs. Biesener requested approval of the preliminary plat for the proposed 1.8 acre, four -lot Alice Lane Subdivision 1, located just west of Dodd Road and north of Wagon Wheel Trail. She stated that Alice Lane is a street which was stubbed in as part of the Eide subdivision. She stated that all of the lots meet the size and setback requirements and that the applicants have petitioned for the extension of Alice Lane through the subdivision. She informed Council that the Eides would like the street extended along their property north of the subject site. and that the applicants have contacted the owners of the property north of proposed Block 2 to see Page No. 2546 May 2, 1989 if they would like to develop their property. There was a question over the status of Parcel A, and Public Works Director Danielson stated that it would be desirable if the property were a part of this proposed plat. Mr. McCoy, 2221 Dodd Road, owner of the property north of the proposed plat, stated that if the street is extended northerly, he would like to be included in the platting. Mayor Mertensotto suggested that although Mr. McCoy has not initiated any subdivision request, perhaps he could grant right -of- way, or at least permission to go onto his land for street construction. City Attorney Hart pointed out that if the property proposed to be subdivided has not been split from the original parcel of property, this would have to be done before the plat could be recorded. He indicated that there is no problem to the extent of a preliminary plat approval and the division of the property to the east could occur before the final plat comes before the Council. Public Works Director Danielson noted that part of the land which would be subdivided by the owner to the east is within this proposed plat and Parcel A could be treated as an exception to this plat. Mayor Mertensotto stated that he believes the owner of the original parcel would have to request a lot split. Mayor Mertensotto stated that he has spoken with the other northerly property owner, Mr. Muehlegger, who has expressed interest in being included in the feasibility report for extending the street. Mr. McCoy stated that he is interested in the street extension and does not want a cul -de -sac. Councilmember Hartmann moved approval of the preliminary plat for Alice Lane. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CASE NO. 88-47, U.S. WEST Page No. 2547 May 2, 1989 Councilmember Witt seconded the motion. Mayor Mertensotto informed Mr. McCoy that the City Engineering staff will be in contact with him as they prepare the feasibility report with respect to extension of Alice Lane to the north and utility construction. It was noted that the Eides and Muehleggers have also expressed interest in being included in the project. Councilmember Witt moved adoption of Resolution No. 89-38, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR ALICE LANE SUBDIVISION 1 AND ADJACENT AREAS (IMPROVEMENT NO. 89, PROJECT NO. 3). II Councilmember Hartmann seconded the motion. Councilmember Biesener returned to the Council table. Council acknowledged a report from the City Administrator regarding the U.S. West essential service structure site location, building permit and lease agreement. Mr. Ken Dahlman, from U.S. West, stated that the lease agreement has been accepted by the attorneys for the City, U.S. West and Centex and that his firm will lease the land for Centex until such time as the park land is turned over to the City, at which time the lease will be made assignable to the City. Councilmember Biesener asked why the concession window had been removed, and Public Works Director Danielson stated that he had asked the applicants to remove it because he was concerned about security of the items which will be stored in the structure. He commented that the window can be added at a later date if desired. Councilmember Blesener stated that she envisioned the slab all the way across the front of the building and a window, and that she will discuss the matter with Mr. Danielson. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 PARK COMMISSION Ayes: 5 Nays: 0 MEETING TIME Ayes: 5 Nays: 0 Page No. 2548 May 2, 1989 Attorney Hart informed Council that his only qualification on the lease agreement is that the lease has not been reviewed by the City's insurer and he feels this should be done. Councilmember Blesener moved to approve the site location and building plan subject to final approval by the Code Enforcement Officer and probably addition of a concession window. Councilmember Cummins seconded the motion. Councilmember Hartmann moved approval of the lease agreement between Centex Real Estate Corporation, Northwestern Bell Telephone Company and the City of Mendota Heights conditioned upon approval of the agreement by the City attorney and review by the City's insurer. Councilmember Witt seconded the motion. The Council acknowledged receipt of a letter from Park Commission Chairperson Jim Stein in resignation from the Commission. Councilmember Blesener moved to accept with regret the resignation of Jim Stein from the Park Commission. Councilmember Witt seconded the motion. Council acknowledged receipt of a memo from the City Clerk recommending a change in meeting time for the May 16th meeting, the date of the School Board Election. Councilmember Hartmann moved to reschedule the meeting of May 16th from 7:30 P.M. to 8:00 P.M. Councilmember Blesener seconded the motion. Councilmember Witt informed Council that she will be absent from the May 16th meeting. PARK LAND ASSESSMENT Council acknowledged and briefly discussed a memo from Treasurer Shaughnessy regarding Page No. 2549 May 2, 1989 park land assessments. The matter was referred back to the Treasurer for consideration of additional options. PARK ISSUES Councilmember Blesener gave a brief update on ballfield committee discussions. COUNCIL COMMENTS ADJOURN Ayes: 5 Nays: 0 Councilmember Hartmann stated that Winston Court is breaking up in front of the Murphy house and asked staff to look into the matter. Councilmember Witt asked when Marie Avenue is scheduled for repairs. Public Works Director Danielson responded that staff is looking at overlaying the segment at the at-grade bridge (between Dodd and Victoria) this summer. Mayor Mertensotto asked when the beaver dams are going to be cleaned out of the drainage way north and south of Highway 110. Councilmember Witt asked for an update from Ed Paster on the shopping center. Councilmember Cummins cautioned that the ballfield subcommittee should not try to jam too many fields in too tight an area. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 9:17 o'clock P.M. K thleen M. Swanson City Clerk ATTEST: /2- Charles E. E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON MAY 2, 1989 Asphalt License: Asphalt Specialties Co., Inc. Concrete Licenses: Creative Concrete M & N Construction Specialists R K & T Construction Excavating Licenses: E & H Earth Movers, Inc. Industrial Utilities, Inc. Kuehn Excavating Rose Sewer • Westonka Sewer & Water Gas Piping Licenses: Red Wing Heating & Air Conditioning, Inc. Rollins Heating & Air Conditioning General Contractor Licenses: B & B Construction of Champlin Benard L. Daisin Co. Brinka Drywall, Inc. Choice Wood Company Eagan Pool & Spa Everlasting Homes, Inc. Fence Specialists Glendale Contracting, Inc. Gurtek Construction, Inc. Hogan Home Builders J.P. Homes, Inc. Jacks Construction & Masonry, Inc. McCallum Construction, Inc. Michael Curtice. Construction M. J. Moser Construction Partners 4 Design, Inc. Superior Construction Valley Pools Heating & Air Conditioning Licenses: Harris Waldinger, Inc. O'Keefe Mechanical, Inc. Paragon Heating & Air Conditioning Rollins Heating & Air Conditioning RUBBISH HAULERS LICENSE: Metro Rufuse, Inc.