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1989-02-07 Council minutesPage No. 2461 February 7, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 7, 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 Cummins, Hartmann and Witt. Councilmember Blesener had notified the Council that she would late. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the revised agenda for the meeting as amended to include discussion of United Properties development on Pilot Knob Road. Councilmember Witt seconded the motion. Councilmember Cummins moved approval of the minutes of the January 17th meeting with corrections. Councilmember Hartmann seconded the motion. Councilmember Blesener arrived at 7:50 P.M. Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Scheduling of the annual Board of Review for 7:30 P.M. on Tuesday, April 11th. b. Adoption of Ordinance No. 261, "AN _ ORDINANCE AMENDING ORDINANCE NO. 102," to authorize workers' compensation coverage for appointed and elected officials. c. Acknowledgment of a memo from the Public Works Director regarding engineering escrow requirements. d. Adoption of Resolution No. 89-06, "RESOLUTION AUTHORIZING MN/DOT TO PAINT Page No. 2462 February 7, 1989 THE SIGNAL LIGHTS AT TRUNK HIGHWAY 55 AND MENDOTA HEIGHTS ROAD." e. Approval of the issuance of a sign permit for the School District 197 bus garage. f. Adoption of Resolution No. 89 -07, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE CONSTRUCTION OF EXECUTIVE DRIVE." g. Authorization for staff to send letters of acceptance for the streets and utilities in Copperfield II, Copperfield III and Hampshire Estates Phase I. h. Acknowledgment of the Code Enforcement monthly report for January. i. Adoption of Resolution No. 89 -08, "RESOLUTION ESTABLISHING CABLEVISION POLICY." 3 Adoption of Resolution No. 89 -09, "RESOLUTION APPROVING THE LOT DIVISION OF LOT 2, BLOCK B, ROGERS LAKE ADDITION." k. Acknowledgment of the minutes of the January 24th Planning Commission meeting. 1. Approval of the list of licenses dated February 7, 1989 and attached hereto. m. Approval of the List of Claims dated February 7, 1989 and totalling $249,569.10. n. Approval of an addendum to the police contract to add a provision for the Police Chief to assign an officer to full -time investigative duties at an additional $115 per month in compensation. Councilmember Witt seconded the motion. HEARING: EUGENIA STREET VACATION Page No. 2463 February 7, 1989 Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Mr. Wayne Schwanz, 591 Hiawatha Avenue, for the vacation of the Eugenia Avenue right-of-way and the alley between Eugenia and Garden Lane. Public Works Director Danielson stated that Eugenia is a 30 foot wide street right-of- way located on the north side of the recently platted Colon property. He informed Council that the right-of-way was dedicated in the Cherokee Park Heights plat. He stated that street right-of-way is normally 60 feet wide, and that many years ago it was anticipated that the additional 30 feet would be dedicated as part of the platting for the Colon property. He informed the audience that Eugenia street is not planned to be constructed as part of the platting, and that if Council approves the vacation request, the vacated area would accrue to the properties to the north of the right- of-way. He stated that there are utility easements over portions of Eugenia and through the proposed alley vacation area, and recommended that easements for the public utilities be required if the vacations are approved. Mayor Mertensotto acknowledged a letter from Mr. & Mrs. R.E. Heidenreich, 598 Sibley Highway, in opposition to the vacation requests. Mayor Mertensotto noted that the Heidenreichs indicated that residents in the area are using the alley which is being considered for vacation for entry to their properties. He asked whether there was anyone present from the area who uses the alley as an access to their property. Mr. Heidenreich stated that his family uses the alley. He also was of the understanding that Mn/DOT plans to improve T.H. 13, and stated that if this occurs he will have to construct a garage and use the alley as access to the garage. Mayor Mertensotto asked for questions and comments from the audience. Page No. 2464 February 7, 1989 Mr. Wayne Schwanz distributed a packet of information and pictures to the Council to support his vacation petition. He also reviewed the history of the vacation request and informed Council that there is much four -wheel drive and motorcycle use of the Eugenia right -of -way and much late - night partying on the right -of -way near his property. He stated that at his request to the police, the City's public works staff installed barricades to keep off -road traffic off the right -of -way. Mr. Schwanz felt that a walking path on Eugenia to T.H. 13 and a walking path on the alley would not be functional and would create an attractive nuisance. He also wondered who would be assessed if a blacktopped path were constructed. He stated that 7 of the 11 property owners along the alley signed the petition for vacation. He informed Council that the alley lies under telephone pole guywires and that if the City decided to connect the alley and right -of -way the wires would have to be moved. He also stated that the alley has been encroached upon with hedges, pine trees and a concrete wall and that the trees and hedge would have to be removed if a walkway were constructed. He cited information from appraisals of his property which indicated that his land would be devalued if the trees were removed. With respect to the utility easement, Mr. Schwanz stated that NSP has indicated that they consider the easement area to be five feet on each side of their utility poles. Responding to Mr. Heidenreich's comment over upgrading of T.H. 13, Mr. Schwanz stated that Mn /DOT has informed him they would like to turn the right -of -way over to the City because of all of the encroachments. He suggested that if the residents on T.I. 13 want better access to their property they should petition for a sidewalk along the highway. Mrs. Shirley Gustafson, 600 Sibley Memorial Highway, stated that she was not aware that the City was considering putting in a walkway behind her house and objects to such a proposal. She also stated that considering that the 10 foot utility easement which must be retained must go Page No. 2465 February 7, 1989 through the middle of the alley she sees no need to vacate the alley. Mayor Mertensotto noted that when the Colon subdivision was discussed, Council elected not to require a walkway from the cul-de- sac to Miriam. He felt that Council should keep the option open for a future pathway to T.H. 13. He stated that Council is not deciding on a pathway system this evening but that he would like to allow maximum flexibility for the future. He felt that Council must look at the broader future for Eugenia. Councilmember Witt asked why Council would want a walking path on Eugenia when it has already approved the connection of Miriam and Hiawatha in the Colon plat approval process. She did not feel that Eugenia would be a good place to have any traffic. Mrs. Wayne Schwanz stated that it was her understanding that Council would be in favor of the vacations after the Colon property platting occurred. Mayor Mertensotto stated that Council indicated (when the Peyer lot split was discussed) that it would want to see what happened with the Colon plat before addressing the vacation issue. He indicated that he would have no objection to the Eugenia vacation if the City retained an easement large enough to provide for the option of a pathway in the future. Councilmember Blesener felt that to retain a portion of the right-of-way for future trail would be prudent policy. She also did not feel that Council should give away its options. Councilmember Witt pointed out that the topography is not particularly good for a trail. Mayor Mertensotto pointed out that the City must retain a utility easement anyway and that there would be no reason not to broaden the easement area to preserve future options. He stated that when Mr. Schwanz purchased his property, the Eugenia Page No. 2466 February 7, 1989 right-of-way was already on the plat, and pointed out that retaining the right-of-way or an appropriate easement would not be taking property. Mr. Royal Gustafson, 600 Sibley Memorial Highway, stated that he is definitely against vacating the alley. He stated that he has never experienced any problem with motorcycles or anything using the alley. He further stated that vacation of the alley would provide no advantage for him. Mrs. Schwanz stated that people don't know what is alley and what is private property because of the encroachments, and walk on their (the Schwanz) property. There being no further questions or comments from the audience, Councilmember Cummins moved that the hearing be closed at 8:43 P.M. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann stated that he lived in the area for 20 years and in that time never noticed any large volume of traffic using the Eugenia right-of-way or any problems. Mr. Schwanz stated that people coming from Cherokee Park after its closing hours come in from Eugenia, behind the pine trees and into his back yard. Councilmember Cummins stated that the City installed posts at Eugenia and Highway 13 and suggested that posts also be installed at the entrance at Hiawatha. Mayor Mertensotto agreed, stating that as long as Eugenia iS an unmaintained street, it can be closed off. Councilmember Blesener moved that the petition for vacation of the Eugenia Street right-of-way and alley between Garden and Eugenia be denied. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 1 Witt Page No. 2467 February 7, 1989 HEARING - TID Mayor Mertensotto opened the meeting for RELOCATION BENEFITS the purpose of a public hearing on Tax Increment District relocation benefits and T.H. 55 area redevelopment plans. Council acknowledged reports from the City Administrator and Administrative Assistant. Administrator Frazell gave Council a brief overview of T.H. 55 redevelopment planning. He informed Council and the audience that property owners in the Furlong/Rogers Road/Mulvihill areas are generally in favor of relocation. He indicated that one of the Rogers Road property owners, Galen Funk, has expressed a desire to sell his property to the City. Administrator Frazell stated that there have been no development proposals before the Council. He informed the audience that at this evening's meeting Council will be considering guidelines on relocation benefits promulgated by the federal government. Administrative Assistant Batchelder gave Council an overview of benefits and requirements available under the Rules. Mayor Mertensotto asked for questions and comments from the audience. Mr. Robert Tousignant asked for a copy of the interim rules. Mr. Galen Funk stated that he believes he has signed all of the forms necessary for the sale of his property to the City. He had concern over the requirement for a $2,500 damage deposit. Mayor Mertensotto pointed out that one of the issues before Council is whether to include the Furlong neighborhood in the relocation program, where individual properties would be purchased if the owners so desired. Councilmember Blesener asked what the City's financial position would be if all of the Furlong owners wanted to sell and the City does not have a developer for the property. Page No. 2468 February 7, 1989 Treasurer Shaughnessy responded that without a developer to purchase the property, the City could not borrow to buy the homes and would have to purchase the property with current district increment monies. Administrator Frazell stated that before a developer is found there is no way the City could buy out all the homes, and that response from developers has not been good. Mayor Mertensotto pointed out that the Furlong area needs public utilities badly, and he feels the properties should be included in the relocation program to alleviate hardship cases. Mr. Tousignant stated that he thinks the reality is that if the City has an annual $1 million increment available, it could purchase 10 to 15 homes a year. He stated that if he were making the decision, it would be to buy out the Rogers and Mulvihill areas and wait for a market before purchasing the Furling area. Treasurer Shaughnessy stated that the -Tax Increment District has 20 years remaining and there would be enough increment over the life of the district to acquire the homes in the Mulvihill and Rogers Road area. He indicated that the Furlong area would have to be approached on the basis of hardship and that the City would have to establish some priorities. With respect to the Rogers Road and Mulvihill areas, Administrator Frazell stated that the direction was that after acquisition, the substandard houses would be razed and that the City might look at putting the others on the market to be moved. Councilmember Blesener felt that Council must make a commitment that the City is going to acquire those properties and develop the area. After further discussion, Councilmember Cummins moved that the hearing be closed, Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING -- US WEST Page No. 2469 February 7, 1989 that a 30 day period be made available for written comments, and that further consideration of adoption of the rules be tabled to March 21, 1989. Councilmember Blesener seconded the motion. It was the general consensus to include the Furlong area. Council then discussed ordering an updated feasibility study for utilities to serve the Highway 55 area (Improvement 85, Project 6). Councilmember Blesener stated that there is some debate over what level of roadway Highway 55 will be given all of the development potential in Eagan and Inver Grove Heights. She asked what impact this might have on the portion of Highway 55 located in Mendota Heights. Public Works Director Danielson stated that the design for Highway 55 in Mendota Heights has been presented by Mn/DOT and approved by Council and that the plans have been finalized. He stated that if desired by Council, the matter will be addressed in the feasibility study, and was so directed. Councilmember Cummins moved adoption of Resolution No. 89-10, "RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR STORM SEWER, SANITARY SEWER, AND WATERMAIN TO SERVE THE HIGHWAY 55 AREA." Councilmember Hartmann seconded the motion. With reference to acquisition of the Funk property, Mayor Mertensotto stated that he feels the purchase agreement should state that the seller is voluntarily offering his property to the City, acknowledging that it is not being taken under threat of eminent domain, that he has been given a copy of the relocation policy and that the sellers waive their rights to relocation benefits. Mayor Mertensotto opened the meeting for the purpose of continuation of the public hearing on an application from U.S. West for conditional use permit and wetlands Page No. 2470 February 7, 1989 permit to allow construction of a utility building in Kensington. Council discussed the matter with representatives of U.S. West who were present for the meeting. It was the consensus that the matter should be considered by the Park Commission, both with respect to potential siting of the facility on future park land in the southeast area or possibly in the Hagstrom/King park. Councilmember Hartmann moved to continue the hearing to March 7th and to refer the matter to the Park and Recreation Commission. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 HEARING -- ZONING Mayor Mertensotto opened the meeting for ORDINANCE AMENDMENT - the purpose of a public hearing on a pro- (PUD'S) posed amendment to the Zoning Ordinance to require 4/5ths affirmative action by Council for approval of all Planned Unit Development applications. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 UNITED PROPERTIES Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 9:45 P.M. Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Ordinance No. 262, "AN ORDINANCE AMENDING ORDINANCE NO. 401." Councilmember Witt seconded the motion. Mr. Dale Glowwa, from United Properties, was present to request Council assistance in resolving problems with the County over curb cuts needed on Pilot Knob Road to provide access to a proposed Big Wheel headquarters. He asked for assistance in either getting variances approved or in accomplishing a turn-back of that portion of Pilot Knob Road to the City. ( STREET LIGHT POLICY Ayes: 5 Nays: 0 VAL'S ADDITION Ayes: 5 Nays: 0 Page No. 2471 February 7, 1989 After discussion, Council directed that staff prepare letters to the County Board and County plat commission for the Mayor's signature, requesting that a representative of the County Engineering Department attend the next Council meeting to discuss the matter. Staff was directed to indicate in the letter that the matter is very important to Mendota Heights and should outline the City's recommendation for variance or turn-back and request that action be expedited. Administrator Frazell was directed to discuss the matter with the County Administrator. Council acknowledged and discussed a proposed street lighting policy prepared and submitted by the Public Works Director. After discussion Mayor Mertensotto indicated that he and Councilmember Hartmann will work with staff and present a light standard. Councilmember Cummins moved to table the matter indefinitely. Councilmember Blesener seconded the motion. Councilmember Blesener moved adoption of Resolution No. 89-11, "RESOLUTION CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER AND STREET IMPROVEMENTS . TO SERVE VAL'S ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 4) Councilmember Witt seconded the motion. MIRIAM/SIMARD STREETS Council acknowledged and discussed an addendum to the North Ivy Hills 2nd Addition feasibility study regarding inclusion of street improvements for Miriam and Simard in the project. Councilmember Hartmann stated that he does not believe the residents on Simard and Miriam were ever offered the option for curb and gutter installation at a cost of $4.00 per foot as was stated in the study. He also stated that he believes this is the Page No. 2472 February 7, 1989 only opportunity the City will have to get ( ) the two streets curbed. MORIN FEASIBILITY STUDY Ayes: 5 Nays: 0 ATTORNEY'S REPORT CITY HALL Councilmember Biesener stated that she feels it is appropriate to try to get the streets curbed but that Council must come up with an equitable cost to the property owners without too great a cost to the City. Councilmember Hartmann pointed out that the properties have never been assessed. After brief discussion, it was consensus that the proposed curb and gutter on Miriam and Simard should not be included in the formal public hearing but that the property owners should be informed that Council has considered the improvements and that they should contact the City if they are interested in the improvements. Council acknowledged and discussed a feasibility report on proposed storm sewer improvements for the Morin property, 963 Chippewa, and adjacent areas. Councilmember Biesener moved adoption of Resolution No. 89-12, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED STORM SEWER IMPROVEMENTS TO SERVE 963 CHIPPEWA AVENUE AND ADJACENT AREAS (IMPROVEMENT NO. 89, PROJECT NO. 1)," the hearing to be held on March 7th at 8:00 P.M. Councilmember Witt seconded the motion. Council acknowledged reports from the City Attorney relative to adult uses and retail hours of operation and tabled discussion to February 21st or March 7th. Council acknowledged a memo from Administrator Frazell regarding payments to the City Hall architect and general contractor and installation of gutters on City Hall. Councilmember Hartmann moved to approve payment of $60,305.78 to Joseph Construction Company for the City Hall general contract, and $9,729 to Lindberg, Ayes: 5 Nays: 0 AIRPORT NOISE MISCELLANEOUS Page No. 2473 February 7, 1989 Pierce, Inc. for City Hall architectural services. Councilmember Witt seconded the motion. With respect to a recommendation from the City Hall architects for installation of gutters on a portion of the City Hall canopy, it was the consensus that consideration should be given to placing gutters completely around the canopy. The matter was referred back to staff. Council acknowledged and discussed a memo from Administrator Frazell relative to the airport noise issue, along with a memorandum from the City Attorney concerning potential legal action regarding airport noise. It was the consensus that Council should direct the City Attorney to draw up a request, directed to the FAA and MAC, under state and federal Freedom of Information Acts requesting complete documentation to support the position for action they have taken, along with adoption of a resolution forwarding that request to the MAC. Attorney Hart stated that he will try to frame the request for information as specifically as possible. Mayor Mertensotto suggested that the request be limited to commercial operations. Councilmember Cummins stated that MASAC representative Friel has informed him that there has been discussion by MAC over eliminating monitoring for air traffic noise. Council directed that Treasurer Shaughnessy prepare a report for discussion on February 21st. It was Council consensus that the annual team building workshop be conducted on April 15th. Administrative Assistant Batchelder gave Council an update on recycling. LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON FEBRUARY 21, 1989 Concrete License: Dwain Pomerleau Masonry, Inc. Gas Piping License: All Season Comfort, Inc. General Contractor Licenses: Mendota Heights Landscaping Summit Energy, Inc. Plastering /Stucco License: Paron Spray Texture, 1989 RUBBISH HAULERS LICENSE: BFI /Woodlake Sanitary Service, Inc. ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2474 February 7, 1989 Councilmember Blesener asked that a floor microphone be made available for the audience. 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: 10:58 P.M. Charles E. Mertensotto Mayor thleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON FEBRUARY 7, 1989 Blacktopping License: Ace Blacktop, Inc. Concrete/Masonry Licenses: E.L. Bulach Construction Co., Inc. Gresser, Inc. Heinlein-Blood Construction, Inc. Excavating Licenses: Danner Landscaping Imverial Developers, Inc. United Water & Sewer Company Gas Piping Licenses: B & D Plumbing & Heating, Inc. Heating & Cooling Two, Inc. Judkins Heating & Air Conditioning, Inc. Riccar Heating & Air Conditioning General Contractors Licenses: Automatic Sprinkler Corp. of America B.T.L. Construction D.S. Trudeau Construction Co. Earthwood Builders Edward Callahan & Sons K.W. Dahm Construction, Inc. New Construction, Inc. Sussel corporation Twin City Storm Sash Co., Inc. Wescot Construction & Development, Inc. Heating & Air Conditioning Licenses: B & D Plumbing & Heating, Inc. Boehm Heating Co. Heating & Cooling Two, Inc. Judkins Heating & Air Conditioning, Inc. Riccar Heating & Air Conditioning Sign Erecting Licenses: Bemidji Sign Crosstown Sign, Inc. Nordquist Sign Co.