1988-12-06 Council minutesPage No. 2431
December 6, 1988
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 6, 1988
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 Hartmann moved adoption of
the revised agenda for the meeting.
Councilmember Witt seconded the motion.
Councilmember Cummins moved
minutes of the October 18th
correction.
Councilmember Witt seconded
approval of the
meeting with
the motion.
Councilmember Cummins moved approval of the
consent calendar for the meeting, as
amended to remove City Hall contractor
payments.
a. Approval of the minutes of the October
11 Park Commission meeting.
b. Adoption of Resolution No. 88 -91,
"RESOLUTION ACCEPTING WORK AND
APPROVING FINAL PAYMENT FOR IMPROVEMENT
NO. 86, PROJECT NO. 11," awarding
payment of $3,405.88 to Collins
Electric Construction Company for work
completed on the commercial street
lighting project.
c. Acknowledgment of the minutes of the
November 25th Planning Commission
meeting.
d. Authorization for staff to execute an
agreement with the St. Paul Water
Department for private watermains in
the Kensington PUD.
Ayes: 5
Nays: 0
SCHOOL REFERENDUM
Page No. 2432
December 6, 1988
e. Acknowledgment of the Code Enforcement
monthly report for November.
. Adoption of Resolution No. 88 -92,
"RESOLUTION ACCEPTING WORK AND
APPROVING FINAL PAYMENT FOR IMPROVEMENT
NO. 85, PROJECT NO. 3," awarding
payment of $12,818.41 to Richard
Knutson, Inc. for work completed on the
Northland Plaza Project.
g.
Approval
December
h. Approval
December
$461,211.
of the list
6, 1988 and
of the List
6, 1988 and
72.
of licenses dated
attached hereto.
of Claims dated
totalling
Adoption of Resolution No. 88 -93,
"RESOLUTION CERTIFYING DELINQUENT
SANITARY SEWER RENTAL CHARGES TO THE
DAKOTA COUNTY AUDITOR FOR COLLECTION
WITH REAL ESTATE TAXES."
Councilmember Hartmann seconded the motion.
Mrs. Alice Bergquist, a member of the Save
Our Schools Committee, was present to
request Council support for the School
District 197 referendum to be held on
December 20th. Mrs. Bergquist stated that
Mendota Heights has traditionally had a
very strong school district and that this
is a major factor in the strength of the
City. She felt that many people have moved
to Mendota Heights because of the strong
school system, and that if the referendum
fails it could have disastrous consequences
for the school district and the City.
Responding to questions from Council, Mrs.
Bergquist stated that many people who
opposed the October 20th referendum are
actually campaigning for the new referendum
and that a substantial amount of
advertising has been done to promote the
issue.
Councilmember Cummins suggested that the
proposed support resolution prepared by
staff be revised to amend the last sentence
Ayes: 3
Nays: 2 Mertensotto
Hartmann
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
STOP SIGN REQUEST
Page No. 2433
December 6, 1988
of the final paragraph to read "..and to
cast positive votes on questions one and
two," rather than "seriously consider
casting a positive vote."
Councilmember Blesener concurred and also
suggested that the third paragraph be
amended to state "successful passage of
both questions of that referendum.."
Mayor Mertensotto felt that Council should
stay out of the specifics of the question,
supporting the levy but not getting
involved in specifying support for both
issues. He felt that by voting for the
resolution as amended, Council would be
placed in the position of having to debate
the issues.
Councilmember Cummins moved adoption of the
proposed resolution as amended.
Councilmember Blesener seconded the motion.
Councilmember Hartmann stated that he would
have supported the original resolution but
cannot support the amending language.
Councilmember
the motion to
as amended.
Councilmember
Cummins moved to reconsider
adopt the proposed resolution
Blesener seconded the motion.
Councilmember Cummins moved to withdraw the
motion to adopt the amended resolution and
further moved adoption of Resolution No.
88 -94, "RESOLUTION OF SUPPORT FOR SCHOOL
DISTRICT #197 EXCESS LEVY REFERENDUM TO BE
HELD DECEMBER 20, 1988," as originally
presented.
Councilmember Blesener seconded the motion.
Council acknowledged a memo from Police
Chief Delmont regarding a request for stop
signs on Walsh Lane. Councilmember
Blesener stated that she questions whether
yield signs should be installed, as
suggested by Chief Delmont, because she
feels yield intersections are confusing.
She suggested that a better approach would
SILK STREET VACATION
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
Page No. 2434
December 6, 1988
be to install a stop sign on Stratford at
Walsh Lane. She felt that a stop sign
would be appropriate because this is a
school crossing.
The Council concurred that it would support
a stop sign on Stratford at Walsh but would
not support yield signs. The matter was
referred back to Chief Delmont.
Mayor Mertensotto opened the meeting for
the purpose of a public hearing on an
application from Mr. Art Kuross for the
vacation of Silk Street.
Mr. Kuross stated that when he submitted
the preliminary plat for Val's Addition he
assumed that Silk Street had been vacated,
since all City maps show that it had been
vacated in the past. He stated his
abstract company has informed him that
there is no record at the County which
indicates that the vacation has occurred.
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 8:15 P.M.
Councilmember Hartmann seconded the motion.
Councilmember Hartmann moved adoption of
Resolution No. 88-95, "RESOLUTION APPROVING
VACATION OF STREET RIGHT-OF-WAY."
Councilmember Witt seconded the motion.
HEARING: CASE NO. 88- Mayor Mertensotto opened the meeting for
42, UNITED PROPERTIES the purpose of a public hearing on an
application from United Properties for a
conditional use permit for Planned Unit
Development for the Southridge Business
Center, Phases II and III, along with
consideration of the preliminary plat and
variances.
Mr. Dale Glowa, from United Properties,
reviewed the proposed plat for Council. He
stated that the first phase of Southridge
is completely filled, that Phase 2 will
Page No. 2435
December 6, 1988
consist of 28,000 square feet of
office/warehouse building and Phase 3 will
consist of 21,000 square feet of
office/warehouse building. He stated that
his firm has about 60% of the proposed
development pre-leased. Mr. Glowa stated
that in addition to the preliminary plat
and PUD, United Properties is requesting
approval of a 20 foot sign setback,
consistent with variances approved
throughout the business park, and a parking
variance to allow four parking spaces per
1,000 square foot of structure and 8'6"
wide parking stalls. Mr. Glowa stated that
these variance requests are also consistent
with other variances granted in the park.
Mr. Glowa also informed Council that the
landscaping design will be consistent with
that installed for the first phase of the
development.
Responding to a question from Mayor
Mertensotto, Public Works Director
Danielson stated that the developers have
submitted grading and drainage plans.
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Witt moved that the hearing
be closed at 8:25 P.M.
Councilmember Cummins seconded the motion.
Councilmember Blesener moved adoption of
Resolution No. 88-96, "RESOLUTION APPROVING
A CONDITIONAL USE PERMIT FOR A PLANNED UNIT
DEVELOPMENT AND PRELIMINARY PLAT FOR SOUTH-
RIDGE BUSINESS CENTER PHASES II AND III."
Councilmember Witt seconded the motion.
Councilmember Hartmann moved to authorize
the issuance of building permits for Phases
2 and 3 of the Southridge Business Center
subject to approval by staff of the
building plans and specifications and
landscaping plan.
Councilmember Blesener seconded the motion.
Page No. 2436
December 6, 1988
HEARING: CASE NO. 88- Mayor Mertensotto opened the meeting for
47, U.S. WEST the purpose of a public hearing on an
application from Northwestern Bell/U.S.
West for a conditional use permit and a
wetlands permit to allow an essential
service structure on Outlot B of the
Kensington development.
Mr. Kenneth Dallman was present to
represent U.S. West.
Councilmember Blesener stated that she
would like to see whether there is some
other area in Kensington which would be a
better, and less scenic location. She
pointed out that this would be the only
structure which would have a driveway onto
Mendota Heights Road.
Mr. Dallman stated that there is no other
land available and that the facility will
serve the Kensington development and the
areas to the north and east of the
development.
After discussion, Councilmember Cummins
moved to continue the hearing to the
January 3rd meeting to allow the applicant
to locate a different site for the facility
in the Kensington area.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 88-46, HAIR Councilmember Cummins moved adoption of
Resolution No. 88-97, "RESOLUTION APPROVING
A LOT DIVISION IN THE LINDEN ADDITION
PLAT," to allow for the division of a
portion of Lot 18 Linden Addition and the
addition of that portion of property to Lot
19, Linden Addition.
Councilmember Witt seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 88-40, COLON Mr. Vern Colon, from Federal Land Company,
was present to request approval of the
division of 5.6 acres of property located
between T.H. 13 and Miriam into 10
residential lots ranging in size from
18,000 to 22,000 square feet. He informed
Council that the Planning Commission
discussed connecting Miriam and Hiawatha,
and that the Public Works Director has
Page No. 2437
December 6, 1988
requested that he dedicate right -of -way for
the connection. He stated that one
objection from the Planning Commission was
that the proposed cul -de -sac was not
connected to Hiawatha and Miriam, and
pointed out that there is a 15 foot grade
difference and the residents behind the
property do not want the connection.
Mr. Colon acknowledged that several
residents have requested the vacation of
the Eugenia Street right -of -way. He stated
that depending on how drainage takes place,
the Eugenia right -of -way could be used for
storm water drainage or for a public path
to T.H. 13. He stated that although his
proposed plan shows a walkway area from the
cul -de -sac to the Miriam /Hiawatha
connection, he stated that he would not
want a path to come between two homes when
the Eugenia right -of -way is available for a
path.
Mayor Mertensotto noted that the plat
proposes a 50 foot dedication area for the
connection of Miriam and Hiawatha. He felt
that the right -of -way should be 60 foot
wide and was concerned that 10 feet on each
side of the street surface, rather than the
standard 15 feet, would not provide enough
area for snow storage when the street is
plowed. He was also concerned about the
potential damage, from snow plowing, to
future shrubs which might ultimately be
planted close to the right -of -way. He
asked whether there is any way 10 feet of
additional right -of -way can be provided.
Mr. Colon pointed out that the lots which
would be affected are already impacted by
the proposed pathway, and stated that one
of the lots isn't very deep as it is and
would be "crunched" if an additional 10'
were taken.
Mayor Mertensotto stated that he would
prefer removing the path from the plat,
locate it on the Eugenia right -of -way and
provide the 60 foot right -of -way.
Councilmember Blesener felt that the path
should be located as proposed and that
removal of the path from this location
would isolate a small pocket of residences
Ayes: 4
Nays: 1 Blesener
STREET LIGHTS
Page No. 2438
December 6, 1988
to use of a dangerous highway. She urged
that the path be left as proposed, stating
that there must be some way for hikers and
bikers to get out of the area other than
Highway 13.
Councilmember Cummins disagreed, noting
that there is no other egress from Downing,
Brompton or London, and that even if the
path were built where proposed there would
still only be access to T.H. 13.
Councilmember Hartmann stated that he
believes that the path would be a big
imposition on the future owners of Lots 4
and 5 and that other, similar paths have
been more a source of irritation than a
service.
Mayor Mertensotto stated that he would
support removing the path provided there is
a 60 foot continuous right-of-way for the
connection between Miriam and Hiawatha.
Councilmember Blesener stated that she read
the intent of the Planning Commission for
the path is to connect the neighborhood to
the neighborhood to the north.
Councilmember Cummins stated that he would
support the elimination of the path and
felt that the path would destroy the
privacy and utility of the affected lots.
After discussion, Councilmember Hartmann
moved approval of the preliminary plat with
the elimination of the path between Lots 4
and 5 and a provision for 60 feet of
continuous right-of-way for the connection
between Miriam and Hiawatha along with a 20
foot utility easement between Lots 4 and 5.
Councilmember Witt seconded the motion.
Council acknowledged and discussed a memo
from Public Works Director Danielson
regarding a street lighting policy.
Mayor Mertensotto stated that Council must
decide how many types of lights there
should be: whether there should be a
standard for residential, one for
industrial and one for arterials. He felt
ADMINISTRATIVE
ASSISTANT
Page No. 2439
December 6, 1988
that Council must also decide how to go
about getting the necessary information and
recommendation; that is, should a Council
subcommittee be established to make a
recommendation on standards. He stated
that it is very difficult to visually, from
a photo, determine the affect any light
would have, and suggested that to really
make that determination Council should view
the lights at night. He asked Public Works
Director Danielson whether he would prefer
Council to develop guidelines based on the
information Council has already received,
or if he would prefer a subcommittee
approach. He volunteered to serve on a
three-member subcommittee if this is the
desired approach.
Mr. Danielson responded that the process
might be faster if some of the Council
members would be interested in looking at
the lights and choosing a fixture.
Councilmember Blesener stated that Council
needs to talk about how to set up the
process before selecting fixtures.
Councilmember Hartmann felt that one source
of information would be to survey some of
the surrounding communities to see what
types of fixtures they use.
Councilmember Cummins suggested that
perhaps Council should just ask staff to
prepare alternative recommendations and lay
out the issues. Councilmember Blesener
agreed, suggesting that the process should
be to establish a policy position, write
the policy, and then pick the design of the
lights.
Council responded to the seven questions
posed in Mr. Danielson's memo and directed
that he compile information and prepare a
follow-up report including alternates on
funding.
Council received a memo from Administrator
Frazell recommending the appointment of
Kevin Batchelder to the Administrative
Assistant position, at level A in Group 24
of the salary matrix.
Ayes: 5
Nays: 0
CITIZENS' PARK
COMMITTEE
FURNITURE PURCHASE
Ayes: 5
Nays: 0
Page No. 2440
December 6, 1988
Councilmember Cummins moved to appoint
Kevin Batchelder to the position of
Administrative Assistant effective on
January 4, 1989 and to direct staff to
classify the position in Group 24 on the
City's 1989 salary matrix.
Councilmember Hartmann seconded the motion.
Council acknowledged a memo from Adminis-
trator Frazell regarding appointment of a
citizens' park committee.
It was the consensus if the goal is to
appoint a committee that is balanced in
terms of neighborhood representation and
representing both sides of the issue, the
appointment of one citizen representative
by each Council member would be an
unworkable approach.
Councilmember Blesener volunteered to chair
the committee and suggested that if the
Mayor and Councilmembers suggest the names
of candidates for appointment, she will
contact the individuals to see if they are
interested.
The names of several potential committee
members were suggested, and it was also
suggested that a volunteer fireman should
also serve on the committee.
Council acknowledged and discussed a memo
from the City Clerk recommending the
purchase of a number of systems furniture
items from Facility Systems to complete the
systems stations in the administrative,
police, code enforcement and engineering
areas.
Councilmember Blesener moved to authorize
the issuance of a purchase order to
Facility Systems, Inc. for an amount not to
exceed $4,700 for the purchase of Herman
Miller Action Office Encore products, the
costs to be charged against the 1988
departmental budgets.
Councilmember Cummins seconded the motion.
CURLEY PROPERTY
BLOCK GRANTS
COUNCIL COMMENTS
Page No. 2441
December 6, 1988
It was noted that Councilmember Blesener
had asked that discussion of the
Lexington/110 redevelopment project be
placed on the agenda. Councilmember
Blesener stated that the more she considers
the idea of a gas station the size proposed
by Super America for the site, the more
opposed she is to the idea. She felt that
the facility would have no value to the
City, and that the purpose of a limited
business area is to serve the neighborhood
and not those passing through. She felt
that a facility of the type and size
proposed would make the intersection far
busier than the Dodd/110 intersection.
It was the consensus that Council will not
consider approving a rezoning that would
result in an 18 pump facility and that
Council is interested only in a facility
designed to serve the City neighborhoods.
Administrator Frazell was directed to
contact the SuperAmerica representative to
inform him of Council's direction.
Administrator Frazell informed Council of
the need to solicit proposals for
appraisals of the SOS/Curley site, and was
given direction to do so.
Administrator Frazell informed Council that
the County HRA staff has informed him that
the City should expect an allottment of
$37,000 in CDBG funding in 1989. He
recommended that the $37,000 be allocated
for additional housing rehabilitation
applications. Council concurred in the
recommendation.
Councilmember Witt stated that she has been
informed that a time capsule was placed in
the Mendakota monuments when they were
installed many years ago. She asked that
staff contact Mendakota to make them aware
of the capsule before the monuments are
destroyed.
Mayor Mertensotto asked that the Public
Works Department be directed to remove
trees which have fallen in ditches,
particularly at the TH 110/149
intersection.
ADJOURN
Ayes: 5
Nays: 0
ATTEST:
-rAts4441-et
Page No. 2442
December 6, 1988
Council directed staff to invite Ms. Sharon
Koll to the next meeting to discuss the
City Hall open house.
Councilmember Cummins asked for a status
report on receipt and installation of
animal waste removal signs for the parks.
There being no further business to come
before Council, Councilmember Hartmann
moved that the meeting be adjourned.
Councilmember Witt seconded the motion.
TIME OF ADJOURNMENT: 10:01 P.M.
Charles E. Mertensotto
Mayor
K thleen M. Swanson
City Clerk
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
ON DECEMBER 6, 1988
Concrete Licenses:
Dwain Pomerleau
Masonry, Inc.
Simon Bros. Cement Co.
Excavating Licenses:
Duane Herman
Jesse's Excavating
Mega Company
Ron Lahti Excavating
Gas Piping License:
Burnsville Heating & Air Conditioning
General Contractor Licenses:
B & B Builders
C.R. Partridge Homes
Condor Corporation
Edward Callahan & Sons
J.D.N. Builders, Inc.
Karlen Construction
North Valley Homes, Inc.
Roncor Construction, Inc.
Heating & Air Conditioning License:
Burnsville Heating & Air Conditioning