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1989-01-17 Council minutesPage No. 2450 January 17, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 17, 1989 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:00 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 Biesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Hartmann moved approval of the minutes of the December 20th meeting. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the minutes of the January 3rd meeting. Councilmember Hartmann seconded the motion. Councilmember Cummins moved approval of the consent calendar for the meeting, along with authorization for execution of all necessary documents contained therein. a. Approval of a critical area plan for Dr. Samuel Hunter, to allow construction of a vestibule addition to his home at 1175 Orchard Place, along with waiver of the public hearing requirement. b. Acknowledgment of the Treasurer's monthly report for December. c. Approval of the issuance of a cigarette license to Fina Serv, Inc. d. Approval of issuance of a rubbish hauler license to Krupenny & Sons Disposal Service, effective through March 1989. e. Approval of the list of claims dated Page No. 2451 January 17, 1989 January 17, 1989 and totaling $1,043,918.99. f. Acknowledgment of the Quarterly Goals Project Report. g. Approval of the list of contractor licenses dated January 17, 1989 and attached hereto. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 FEASIBILITY STUDY, The Council acknowledged receipt of the NORTH IVY HILLS feasibility study for proposed sanitary sewer, ADDITION water main, storm sewer and street improvements to serve the North Ivy Hills 2nd Addition and adjacent areas. Mayor Mertensotto pointed out that the study indicates about $20,000 in assessments to adjoining properties. He stated that Council consented to Mr. Colon's request not to be tied into the other areas and felt that unless people in the adjoining area want to have street and curb and gutter improvements, he would not be comfortable with assessing them. Councilmember Hartmann stated that the initial improvements done in the area adjacent to the Colon property excluded curb and gutter on Miriam and Simard. He noted that the Colon property was at the time owned by the Clemens family and that because the City did not wish to force development of that property it was not assessed. He also stated that at that time, everyone in the project area knew that eventually there would be storm sewer installed and assessed. Additionally, he stated that Miriam and Simard are the only thru streets in the area that do not have curb and gutter, and as long as streets were curbed and guttered and storm sewer was installed in the Fremont area, which adjoins the Miriam/Simard area, it seems strange to end the curbing just west of Diego Lane on Miriam. He felt that this is the only opportunity that the City will possibly have to complete the improvements on Miriam and Simard. Councilmember Blesener asked whether the Miriam/Simard Street construction could be an alternate to the project. She stated that the Council has always considered storm sewer a neighborhood improvement if the properties are contributing water to the district, and felt that the existing neighborhood should pay its proportionate share of the storm sewer cost. Page No. 2452 January 17, 1989 Councilmembers Blesener, Hartmann and Witt all felt that it would be in the best interest of the City to include the curb and gutter and overlay on Miriam and Simard as an alternate in the resolution. It was also Council consensus that the storm sewer cost should be equalized over the project area. After discussion, Councilmember Blesener moved adoption of Resolution No. 89 -04 "RESOLUTION ACCEPTING ENGINEERS REPORT CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM, AND STREET IMPROVEMENTS TO SERVE NORTH IVY FALLS 2ND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT 6)." Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 HEARING - U.S. WEST Mayor Mertensotto opened the meeting for the purpose of a continued hearing on an application from U.S. West for Conditional Use Permit and Wetlands Permit to allow construction of an essential service structure in the Kensington area. Mr. Ken Dahlman of U.S. West was present for the hearing. He stated that at the last Council discussion on the matter, he was asked him to try to find another site in the area, but that he has been unable to do so. He then showed an artist's rendering of what the facility would look like. He indicated that his firm has tried to blend the building into the architecture of the Kensington development and will do considerable landscaping. He pointed out that the building is closer to the pond than they would like it to be. Mr. Dahlman explained that he has looked for alternative building sites up and down Mendota Heights Road and has not been able to find a site that is not currently proposed for development of homes or which would be developed in a manner timely enough for his firm. He stated that much of the land is planned for future development but that there is no plan yet approved by the City, other than the Centex plan. Councilmember Cummins stated that other than an idealized building sketch, the applicant has given him no reason to approve the proposal this evening. He stated that while it would be nice Ayes: 5 Nays: 0 MORIN STORM SEWER Page No. 2453 January 17, 1989 if the City would cooperate, he can see no benefit to Mendota Heights in approving the facility. Mr. Dahlman responded that this is a first of a kind of project involving new fiberoptic technology which will initially supply the 100 homes in Kensington Development, but which has the capability of serving the entire area. Councilmember Cummins stated that he is not unsympathetic to U.S. West's needs, but that he cannot think of a more inappropriate site for the building. He pointed out that Council has worked very hard to try to retain some unobstructed shoreline and the proposed building will not add anything to the development. Councilmember Blesener commented that there is proposed park land to be dedicated just east of the site and that Council is in the process of developing park plans for the area. She suggested that Council might be willing to work with U.S. West on the potential of locating a facility in the park area. Responding to a question from Councilmember Blesener about the U.S. West timetable, Mr. Hopkins stated that if he could know the location of the proposed park in one to one and one half months, it could be considered. Administrator Frazell stated that the very earliest that it could be considered would be at the February Planning Commission meeting and the earliest consideration by Council would be the first meeting in March. Councilmember Cummins stated that while he does not want to unduly delay the project for U.S. West, he would suggest that the matter be delayed for two weeks to see whether the City can come up with an alternate location. Mr. Dahlman agreed to the suggestion. Councilmember Cummins moved to continue the public hearing to February 7th with the proviso that City staff meet with Mr. Dahlman in an attempt to locate a more suitable site. Councilmember Witt seconded the motion. Council acknowledged memo from Public Works Director Danielson regarding a petition from Page No. 2454 January 17, 1989 Robert Morin, 963 Chippewa Avenue, for a feasibility study for storm sewer for 963 Chippewa Avenue and adjacent areas. Mr. Morin was present for the discussion. Councilmember Cummins asked Mr. Morin whether the property he is currently requesting drainage assistance for is the same property he did not want assessed in 1976. Mr. Morin responded that his position in 1976 was not that he did not want to be assessed but that the system which was installed in the area did not provide any benefit to his property since it does not drain to the storm sewer which was installed. Councilmember Hartmann gave the Council a history of the prior project. Mr. Morin stated that when Simard was constructed, the water was dammed up on his square block area. He stated that he asked for storm sewer in 1968, and in 1976 again approached the former city engineer requesting that a feeder line and catch basin be installed to serve his area but that his request was turned down. Mayor Mertensotto pointed out that there are poor soil conditions in the area and the lots may need extensive soil correction. He asked the Public Works Director how expensive the feasibility study will be. Mr. Danielson responded that he believes it will cost under the $600 escrow Mr. Morin has been requested to deposit. Public Works Director Danielson stated that there is soil correction needed for each of the lots and there will be additional costs to future buyers of the properties to develop the lots. He stated that those buyers will need to be informed in advance of the soil correction needs. He pointed out that all of the lots in the block drain to the low spot and that all of the lots will need to be assessed if the project is ordered. Mayor Mertensotto asked Mr. Morin whether he would be willing to deposit $600 as a feasibility escrow with no guarantee from the City that the project will be constructed. Mr. Morin responded that he would need to discuss the matter with his legal counsel. Mayor Mertensotto suggested that the proposed resolution authorizing the feasibility study be Ayes: 5 Nays: 0 SOLVAY RESEARCH CENTER Page No. 2455 January 17, 1989 amended to make the study preparation conditioned upon the applicant depositing a $600 feasibility study escrow with the City. After discussion, Councilmember Cummins moved adoption of Resolution No. 89-05, RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR 963 CHIPPEWA AVENUE AND ADJACENT AREAS," as amended to condition preparation of the study on the petitioner's depositing $600 to cover the cost of feasibility study preparation. Councilmember Hartmann seconded the motion. Council acknowledged receipt of a letter from United Properties requesting approval of a building permit for a proposed Solvay Animal Health Inc. headquarters building to be located on a 5.5 acre site at the northeast corner of Northland Drive and future Executive Drive. Mr. Dale Glowwa, from United Properties, was present for the discussion. He stated that Solvay needs to move into the new facility by the end of August and his firm is fast-tracking the project. He gave Council a background on the Solvay firm, stating that 130 employees will be located in the building, 60 of which will be transferees and the balance new hires. Mr. Glowa stated that there will be some hazardous test materials in the facility and that everything will be transported off site by a specialist. He informed Council that the 60,000 square foot building will be approximately one half administrative office space and one half laboratory and technical research areas. Mr. Glowa stated that there will be considerable landscaping and open space and more than adequate parking for the building. He stated that formal landscaping will be blended into the natural environment and that United Properties will own the site and the structure, leasing it on a very long term basis to Solvay. Mr. Glowa informed the Council that he will be back next month with applications for conditional use permit and the platting. After a brief discussion, Councilmember Witt moved to grant approval of a building permit for the Solvay Animal Health, Inc. building subject to staff review and approval of plans and specifications and conditioned upon the developer Ayes: 5 Nays: 0 AIRCRAFT CORRIDOR Page No. 2456 January 17, 1989 filing conditional use permit and preliminary plat applications within the next three months. Councilmember Hartmann seconded the motion. Council acknowledged a memo from Administrator Frazell recommending shuttle diplomacy to resolve the aircraft corridor issue. Administrator Frazell stated that MASAC Chair Walter Rockenstein has volunteered to appear before the City Council and Eagan City Council on February 7th to hear Council concerns over the corridor. He would then try to appear before Council again February 21st with a report. Administrator Frazell stated that for about a year there have been attempts to get Mendota Heights and Eagan to agree to an appropriate corridor off runways 11R and 11L. He pointed out that Eagan would like to see the boundary further to the north and Mendota Heights would like to see it further to the south but no one has been able to come to an agreement. He indicated that this is why Mr. Rockenstein has offered to be a mediator between the communities to try to come up with alternative proposals that both Cities could agree on. He pointed out that if this is not possible MASAC will take a look at both positions and make a recommendation to MAC who will then turn the issue over to the FAA for an ultimate decision. Mr. Joseph Meagher, present for the discussion, asked why the issue has to go before the FAA. He stated that in their presentation in June, the FAA shifted the corridor to the north before doing an EIS and now tell him that they must do an EIS before they can shift the existing corridor. He felt that the City should sue the FAA since no EIS was done for the existing corridor. Councilmember Blesener asked attorney Tom Hart whether he had done any research on what legal actions Council could take. Mr. Hart responded that if the corridor has changed and if there is a federal regulation which requires the EIS, then perhaps Council would have some ground to bring legal action in federal district court. He stated that he would review the alternatives if Council so directed. Page No. 2457 January 17, 1989 Mayor Mertensotto pointed out that the question is, who has standing to bring lawsuit. Councilmember Cummins suggested that Council pursue a dual track, that being shuttle diplomacy, and directing the City Attorney to do research into the preliminaries of potential impact for the City. He felt the attorney should and look into basic issues such as standing for commencing action against MAC or whoever else the City might take action against. Attorney Hart stated that there are several possible ways to look at the issue. The first method would be to try to get the corridor moved back, getting the appropriate agencies to act. The second would be for Mr. Meagher, et al, to file a class action suit for damages. A third alternative would be to look into situations in which the city could require compliance with recommendations or move the corridor. Councilmember Cummins stated that Council should focus its efforts on moving the corridor back and compelling the FAA to start parceling some of the planes to the south that are now being shifted to the north. Councilmember Blesener agreed with the two track approach suggested by Councilmember Cummins but stated that she would also like to make some information available to the residents on what kind of action they may be looking at. Mayor Mertensotto asked Attorney Hart what costs the City might be face and also wondered how such action would be funded. It was the concensus to request Attorney Hart to come back with a proposal telling Council what standing and potential the City has for litigation in respect to aircraft flying north of the corridor, and what basis the City might have in getting the FAA to implement the EIS procedure, along with giving Council an idea of the costs and time frame involved in accomplishing these tasks. Councilmember Blesener moved to implement the recommendations contained in the City Administrator's shuttle diplomacy memo and to invite Chair Rockenstein to attend the February 7 Ayes: 5 Nays: 0 PUD AMENDMENT Ayes: 5 Nays: 0 COMMISSION APPOINTMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2458 January 17, 1989 Council meeting. Councilmember Hartmann seconded the motion. Council acknowledged a memo from the City Clerk regarding the scheduling of a public hearing for discussion on an amendment to the Zoning Ordinance to require 4/5 affirmative action by Council on PUD applications. Council discussed the proposed language for the amendment, which had been generated at prior Council and Planning Commission joint meetings, and also discussed whether the 4/5 vote should be required on all PUD's. It was the general consensus that the hearing should be conducted to consider a requirement for 4/5 affirmative vote on all planned unit developments. Councilmember Blesener moved to schedule a public hearing on February 7th and to direct staff to prepare a proposed amendment to the planned unit development section of the Zoning Ordinance. Councilmember Hartmann seconded the motion. Council acknowledged a memo from the City Administrator regarding Commission appointments. Councilmember Blesener moved to appoint Sandra Krebsbach, Ultan Duggan and Sharon Koll to the Planning Commission for terms of office running through January 31, 1992. Councilmember Cummins seconded the motion. Councilmember Witt moved that Robert Leffert, John Huber and William Owens be appointed to the Park Commission for terms of office running through January 31, 1992. Councilmember Hartmann seconded the motion. WORKER'S Council acknowledged a memo from Treasurer COMPENSATION Shaughnessy informing Council that they can become eligible for worker's compensation coverage upon adoption of an enabling ordinance. It was Council consensus that staff be directed to prepare a proposed ordinance necessary to effect the coverage. ( }ENGINEERING ESCROWS CABLEVISION Page No. 2459 January 17, 1989 Council acknowledged a memo from Public Works Director Danielson regarding the $150 per lot feasibility escrow requirement. Councilmember Blesener felt that the escrow requirement needs to be two-stage, first for the feasibility and the second for plan and specification preparation. Mayor Mertensotto felt that the feasibility escrow should be either a minimum of $500, $750 for commercial/industrial properties, or $150 per lot, whichever is greater. Councilmember Blesener disagreed, and felt that the existing policy should be amended to add the requirement for a $500 per lot additional escrow for plan and specification preparation. After discussion, staff was directed to review the matter further, including the suggested rate for commercial/industrial properties, and come back with a recommendation. CATA Administrator Vicki Long was present to discuss with Council the issues surrounding the impending telecast of Council meetings. She stated that there are several policy issues Council should consider. She informed Council that the meetings will be shown live on Channel 18 and taped for playback once during the week. Ms. Long asked that Council make decisions on the following issues: should the tapes be kept for a year or taped over; how does Council wish to make the tapes available to the public (allow tapes to be viewed at City Hall or provide a copy to those requesting them). She stated that NDC-4 has hired a municipal coordinator to do government programming and provide training. It was Council consensus that NDC-4 should provide the meeting tapes to the City and that the tapes will be retained for a year. It was also consensus that staff should draft guidelines for viewing of tapes at City Hall and further that the City will provide copies, through NDC-4, for anyone requesting them, at a cost of $20 to be reimbursed to NDC-4. Staff was directed to prepare a written cablevision policy for Council consideration. COUNCIL COMMENTS Ayes: 5 Nays: 0 ATTEST: Page No. 2460 January 17, 1989 There was discussion over the need for audience members to speak at the podium. Mr. Virgil McQuay, a member of the audience, objected to the requirement, feeling that people would be intimidated by having to leave their places to speak at the podium. Councilmember Blesener suggested that a floor mike be provided in the center of the room. Councilmember Blesener asked that Attorney Hart prepare a report on restricting certain commercial uses to specific zoning districts. Council directed Administrator Frazell to ask Don Salverda to submit a proposal for conducting a team building session. Councilmember Blesener suggested that Council, the Planning Commission and Park Commission each suggest ideas for discussion at the session. It was consensus that the session should be conducted early in the spring. Councilmember Cummins asked staff to research whether the Zoning Ordinance sets a time limit for beginning construction on Planned Unit Developments. Administrator Frazell informed Council that the Metropolitan Council nomination committee will meet at the West St. Paul City Hall on January 26th and that Deborah Tompkins has asked that a Council representative speak on her behalf. Councilmember Witt volunteered to the the Council's representative. Mayor Mertensotto asked Administrator Frazell to compliment staff on their efforts on behalf of the January 15th open house. 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: 10:20 o'clock P.M. Charles E. Mertensotto Mayor Kathleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON JANUARY 17, 1989 Asphalt /Blacktopping License: Pine Bend Paving, Inc. Concrete Licenses: Andretta Brothers Arcade Concrete B.R. Moline Masonry Carlson Masonry, Inc. Concrete Systems, Inc. Fred A. Deutsch H.W. Cook & Sons Johnny Masonry, Inc. Simon Bros. Cement Co. Sonco, Inc. Stockness Construction, Inc. Excavating Licenses: Mack's Excavating Pete Smith Excavating Rauchwarter, Inc. Ron Lahti Excavating Gas Piping Licenses:: A. Binder & Sons, Inc. Eagan & Sons Company Hinding Heating & Air Conditioning, North St. Paul Plumbing & Heating Ray N. Welter Heating Co. Rouse Mechanical, Inc. Twin City Furnace Co., Inc. General Contractors Licenses: Cont, J.M.S. Equities, Inc. Joseph E. Johnson & Sons, Inc. Joseph M. Miller Construction Karlen Construction Keystone Builders Corp. Kraus Anderson Construction Co. Linvill Associates, Inc. Midwest Fireplace Parkos Construction Providence Builders Theis Construction Wenzel Plumbing & Heating Woodmasters Foundation Heating & Air Conditioning Licenses A. Binder & Sons, Inc. Benke Heating Eagan & Sons Company Gopher Heating.& Sheet Metal, Inc. Hinding Heating & Air Conditioning Kleve Heating & Air Conditioning Krinkie Heating & Air Conditioning North St. Paul Plumbing & Heating Ray N. Welter Heating Co. Inc. Rouse Mechanical, Inc. Twin City Furnace Company General Contractors Licenses: Axel H. Ohman, Inc. Berwald Roofing Co., Inc. Bream Builders Charles Cudd Corp. Charles Zwinger Dakota Fire Suppression Determan Welding & Tank Service D.J. Kranz Co., Inc. Eagle Fire Protection Co. Eagan Construction Co., Inc. G.L. Contracting, Inc. Heaver Design & Construction Industrial Sprinkler Corp. of Minnesota Plastering /Stucco Licenses: Berg Drywall Housley Construction, Inc. Quality Drywall, Inc. Sign Erecting Licenses: Lawrence Signs, Inc. Midway Sign Company Signart Co., Inc. 1989 CIGARETTE LICENSE: Fina Serve, Inc. 1989 RUBBISH HAULERS LICENSE: Krupenny & Sons Disposal Service