1988-04-05 Council minutesPage No. 2313
April 5, 1988
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, April 5, 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, 750 South Plaza Drive, 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 be out of town.
PROCLAMATIONS
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
AGENDA ADOPTION
Councilmember Cummins moved that June 1, 1988 be
proclaimed Mendota Heights Day at the Twins.
Councilmember Hartmann seconded the motion.
Councilmember Cummins moved to proclaim the month of
April as Fair Housing Month.
Councilmember Witt seconded the motion.
Councilmember Hartmann moved adoption of the revised
agenda meeting with the addition of item 6j.
Councilmember Cummins seconded the motion.
Ayes: 4
Nays: 0
APPROVAL OF MINUTES Councilmember Witt moved approval of the minutes of the
March 15th meeting.
Councilmember Hartmann seconded the motion.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
CONSENT CALENDAR
Councilmember Hartmann moved approval of the minutes of
the March 28th Special Joint Meeting with corrections.
Councilmember Witt seconded the motion.
Councilmember Hartmann moved approval of the consent
calendar, along with authorization for execution of all necessary
documents contained therein.
a. Acknowledgment of the Code Enforcement monthly report
for February.
b. Approval of partial payment number 2 for $1,395.00 to
Thomas Electric for work completed on City Hall.
Ayes: 4
Nays: 0
HEARING: CASE NO.
88 -06, MARVIN
ANDERSON HOMES
Page No. 2314
April 5, 1988
c. Acknowledgment of the minutes of the March 22nd Planning
Commission meeting.
d. Approval of a request from the Police Chief for authorization
to sell five surplus City vehicles by sealed bids.
e. Acknowledment of a status report on City Hall financing.
f. Acknowledgment of the engineer's project report.
g. Approval of the list of contractor licenses dated April 5, 1988
and attached hereto.
h. Approval of the issuance of a cigarette license to Par 3 Golf,
Inc.
i. Approval of the List of Claims dated April 5, 1988 and
totalling $197,415.92.
j. Approval of partial payment number 3 for $12,635.00 to
Doody Mechanical for work done on City Hall.
Councilm.ember Cummins seconded the motion.
Mayor Mertensotto opened the meeting for the
purpose of a public hearing on the vacation of
a portion of Pagel Road and an application from Marvin
Anderson Homes for approval of wetlands permits and
preliminary platting of Bridgeview Shores.
Public Works Director Danielson reviewed the application for
vacating a portion of Pagel Road. He stated that the platted
extension of Pagel ends at the wetlands, and that since it is a
federally protected wetlands it would very difficult to extend the
right -of -way across the wetland area.
With respect to the wetlands permit application, Mr. Danielson
stated that there are 24 lots which are proposed for homes
within 100 feet of wetlands. He noted that it is a very difficult
piece of property to develop with 100 foot setbacks on all lots
because of the terrain and other constraints. Mr. Danielson
informed Council that staff has looked at all of the 24 lots
proposed for wetlands permits in conjunction with the City
Planner, and that staff recommends granting of the permits.
Mayor Mertensotto asked for questions and comments with
respect to the vacation.
Mr. James Losleben, 815 Hazel Court, stated that he is in favor
of the right -of -way vacation, however he was concerned over
existing drainage problems in his neighborhood and hopes that
Page No. 2315
April 5, 1988
drainage from the Pagel Road area is tied into the drainage
system from the development when it is installed.
Mr. Fred Haas, from Marvin Anderson Homes, stated that
several changes have been made in the preliminary plat since
the last Council discussion. He reviewed the changes, which
included shortening the Havenview Court and Bridgeview Court
cul -de -sacs, providing a pathway along Pondhaven Lane and
Westview Terrace, an increase m the setback from the pond for
lots 8 and 9 located at the end of Havenview Court, inclusion of
an outlot from the end of Bridgeview Court to the school district
property to provide pathway access to the school district
property so that a pathway can be provided along the school
property to Friendly Hills, and other modifications.
Mr. Haas stated that he has done as much as is possible in
moving the streets to increase setbacks from the wetlands and
that the average setback for the 24 lots needing wetlands
permits is 74 to 75 feet. He stated that in the design of the
homes for those lots it might be possible to change the
configuration or style of the homes to increase the setbacks. Mr.
Haas stated that he has spoken with Police Chief Delmont
regarding his concern that there is no connection from the north
part of the plat to the south part and that the footbridge
connecting the two areas can be provided at a 10 foot width for
emergency vehicle access if the City so desires. Mr. Haas
informed Council that the average lot size in the development is
20,000 square feet above water and that all basements near the
wetlands areas will be 8 feet above the high water mark and will
be walkwouts.
Public Works Director Danielson pointed out that all of the
ponds will have overflow devices.
Mr. Haas informed Council that his firm could make a channel
between the two westerly ponds, or make them into one pond, in
the future, whatever is most desireable to the neighborhood
north of his development. Responding to a question from
Councilmember Witt, Mr. Haas stated that Bridgeview Court is
a permanent cul -de -sac located entirely within the plat, as
opposed to the original concept of a temporary cul -de -sac on the
school district property.
Councilmember Witt stated that she feels that the bridge should
be narrow in order to discourage motorized traffic.
Councilmember Hartmann agreed that the bridge should be
narrow enough to encourage only pedestrian traffic.
Mayor Mertensotto asked City Planner to give his comments on
the proposed development.
Planner Dahlgren stated that at the request of Council he had
met with the developer, School District representatives and City
staff to make any desirable improvements to the plat.
Page No. 2316
April 5, 1988
He stated that one result of the discussion was that the
temporary cul -de -sac proposed to be located on the school
property was pulled back onto the plat area because the School
District must have a minimum of thirty acres on which to
construct a school in the future. Mr. Dahlgren addressed all of
the changes made in the proposed plat and also informed
Council that, at the request of Bernard Friel, Mr. Haas has
consented to providing right -of -way (Outlot D) along the
northern property line to provide access to any future
development of the Friel property.
Councilmember Cummins expressed concern over the number
and size of the wetlands setbacks, and felt that the developer
could provide a better plat by eliminating some of the lots in
order to increase the wetlands setbacks. Councilmember
Cummins also asked for assurance that Outlot C is wide enough
to make it a comfortable situation for the homes along side of
the walkway. He also asked whether scenic easements will be
provided around the ponds.
Mr. Haas stated that there will be a fifteen foot scenic easement
around all of the water areas.
Mayor Mertensotto asked for questions and comments from the
audience.
Mrs. Mary Jane Sonn.ek, 2395 Pagel Road, asked whether her
neighborhood will be assessed for overflow control on the
ponds.
Mr. Losieben spoke in favor of the proposed plat and stated that
he believes it is an excellent proposal except for the 10 foot
bridge. He felt that the bridge should be narrow enough to
provide for only pedestrians so that motorized vehicles will be
discouraged from using it, particularly at night.
Mr. Bernard Friel stated that he has met with Mr. Haas and that
while he shares some of Councilmember Cummins' concerns
over setbacks, it must be concluded on balance that the
developers have done a good job and the wetlands permits are a
good tradeoff.
Mr. David Epstein, 752 Mohican, stated that he is here because
of his concern over the potential connection of Mohican Court.
He asked what possibility there is that Mohican might be
connected in the future.
Mr. Dahlgren stated that it is physically possible that Mohican
could be connected through the school property if that property
develops residentially. Ms. Lois Rockney, from the School
District, stated that the district has no intention to sell the
property and will retain it for a future school.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
RECESS
BUILDING PERMIT
BRIDGEVIEW SHORES
Ayes: 4
Nays: 0
SCHOOL DISTRICT
MAINTENANCE FACILITY
Page No. 2317
April 5, 1988
There being no further questions or comments, Councilmember
Hartmann moved that the hearing be closed at 8:37 p.m.
Councilmember Cummins seconded the motion.
Councilmember Witt moved adoption of Resolution No. 88 -16,
"RESOLUTION APPROVING VACATION OF A STREET
RIGHT -OF- WAY," for that portion of the Pagel Road right -of-
way south of the south right -of -way line of Hazel Court extended
easterly.
Councilmember Cummins seconded the motion.
Councilmember Hartmann moved approval of the preliminary
plat for Bridgeview Shores as presented this evening.
Councilmember Witt seconded the motion.
Councilmember Hartmann moved to approve wetlands permits
for 24 lots in the Bridgeview Shores addition as indicated in the
preliminary plat dated March 18, 1988.
Councilmember Witt seconded the motion.
Mayor Mertensotto called a recess at 9:39 p.m.
The meeting was reconvened at 9:47 p.m.
Mr. Fred Haas stated that his company hopes
to get started on a model home as soon as possible in order to
be ready for the Parade of Homes and asked for Council
approval for staff to issue a building permit for Bridgeview
Shores in advance of final plat approval.
Mayor Mertensotto stated that while the builder would have to
proceed at his own risk, there has been precedent to issue
foundation permits.
Councilmember Hartmann cautioned Mr. Haas to work with the
City's engineering and code enforcement departments to make
sure that proper setbacks and other requirements are
achieved.
Councilmember Witt moved to grant a building permit to
construct a model home on Lot 3, Block 3 of the preliminary
plat of the Bridgeview Shores addition.
Councilmember Hartmann seconded the motion.
Ms. Lois Rockney, from School District 197,
was present to request approval of a building permit for
construction of a transportation maintenance facility on
Medallion Drive, just west of the City's public works garage.
Ayes: 4
Nays: 0
FOTOMARK BUILDING
Ayes: 4
Nays: 0
SIBLEY HEIGHTS
Ayes: 4
Nays: 0
LCS APPEAL
Page No. 2318
April 5, 1988
Mayor Mertensotto related Councilmember Blesener's concerns
over the various exterior colors proposed to be used on the
building, and asked Ms. Rockney if the District could address
the issue.
Responding to questions from Councilmember Witt, Mr. Doug
Ranier, from Ellerbe Architects, stated that parking for 50
school buses will be provided outside of the building and that 6'
high chain link fence will be installed around the lot, that there
will be plantings around the north side and there will also be
berming.
After brief discussion, Councilmember Cummins moved to
approve the issuance of a building permit subject to exterior
color review by City staff.
Councilmember Witt seconded the motion.
Council acknowledged a report from Code Enforcement Officer
Berg regarding a request for building permit from Foto Mark for
a proposed addition to their facility at 2411 Pilot Knob Road.
Mayor Mertensotto asked whether all issues regarding dyes and
chemicals have been addressed so that there is no dumping of
these materials into the sanitary sewer system. It was Council
consensus that since there was none present to answer
questions on disposal of chemicals, solvents and dyes, no action
should be taken.
After discussion, Councilmember Hartmann moved to table
discussion on the matter to the next meeting.
Councilmember Witt seconded the motion.
Public Works Director Danielson briefly reviewed the plans and
specifications for public improvements to serve the Sibley
Heights Addition.
Councilmember Hartmann moved adoption of Resolution No.
88 -17, "RESOLUTION APPROVING FINAL PLANS AND
SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO
SERVE SIBLEY HEIGHTS ADDITION (IMPROVEMENT
NO. 87, PROJECT NO. 5)," bids to be received on May 2nd.
Councilmember Witt seconded the motion.
Council acknowledged that the LCS company has asked that its
Fire Code appeal be deleted from the agenda.
Page No. 2319
April 5, 1988
FLIGHT CORRIDOR Mayor Mertensotto informed the audience on Council
discussion at the scheduled pre - Council meeting on the
Eagan /Mendota Heights aircraft flight corridor and stated that
a formal presentation and discussion on the issue will be placed
on the April 19th agenda.
COMMERCIAL MARKET Council acknowledged and discussed a memo from
STUDY the City Administrator relative to receipt of proposals for a
commercial market study.
Mayor Mertensotto suggested that Paster Enterprises be
contacted relative to interest in cost participation and that the
consultants who submitted proposals be invited to attend a
Council meeting to see how costs can be reduced and how the
project can be scaled back.
In response to the discussion, Administrator Frazell stated that
he will solicit additional proposals, and contact Paster
Enterprises and other firms m the community regarding cost
participation.
1'BAM BUILDING Council acknowledged and discussed a memo from the City
Administrator regarding selection of a facilitator for the
Council /Commission /Staff workshop.
It was Council consensus that Don Salverda be selected as the
facilitator and that the workshop be conducted on June 4th, with
June 11th as an alternate date.
TREE PLANTING PROGRAM Council acknowledged a report from the Public Works
Director regarding bids received for the 1988 tree planting
program. He stated that each of the firms is flexible and will
provide whatever proportion of types of trees the City wants.
Administrator Frazell stated that Councilmember Blesener has
suggested that the program be doubled because of community
interest.
Ayes: 4
Nays: 0
PERSONNEL
Ayes: 4
Nays: 0
Councilmember Cummins moved to award the tree contract for
the 1988 Boulevard Tree Planting Program to Greenworks, Inc.,
for their low bid of $12,100.
Councilmember Hartmann seconded the motion.
Councilmember Witt moved that John Schmidt be appointed as
a full -time temporary engineering technician at the rate of $9.00
per hour, and that no fringe benefits be provided for the
position.
Councilmember Hartmann seconded the motion..
Page No. 2320
April 5, 1988
RESCHEDULED MEETING Councilmember Witt moved that the May 3rd regular meeting
be rescheduled to May 10th.
Councilmember Cummins seconded the motion.
Ayes: 4
Nays: 0
EASEMENT
PARK REFERENDUM
EAGLE RIDGE
Ayes: 4
Nays: 0
SOLID WASTE
BOARD OF REVIEW
Councilmember Hartmann moved to approve the acquisition of
permanent and temporary easements over 970 Douglas Road
from Mr. Bevan Marvy for a cost of $3,150, in connection with
Victoria Highlands improvements.
Councilmember Witt seconded the motion.
Council acknowledged and discussed a memo from
Councilmember Blesener regarding clarification of costs for
recreation area alternatives.
Administrator Frazell explained that using the original Sibley
proposal with a 5% inflation factor from the time of the
proposed 1987 referendum, and deleting the contingency but
adding land acquisition to the proposal, the cost of the complex
development at Sibley would be $1 9 million.
Mr. Bernard Friel stated that as one of those who is concerned,
people keep referring to an alternative that doesn't exist. He
felt that it is entirely counter - productive to make comparisons,
and that for one thing, trail sections have been eliminated
because it makes no sense to install sections that would only be
removed as the result of future highway construction.
Councilmember Witt stated that while she has reservations
about the referendum, Mr. Friel has made a good point -- there
is only one proposal and no alternatives before the Council.
On the recommendation of the Code Enforcement,
Councilmember Witt moved approval of an adjustment of the
common lot line between Lots 4 and 5, Block 1, Eagle Ridge
Summit Second Addition, as requested by John Van Able and as
described in a survey dated March 31, 1988.
Councilmember Hartmann seconded the motion.
Council acknowledged a letter from the Dakota County
Administrator asking that someone be appointed to serve as a
representative of the City on the County's Recycling
Subcommittee.
Staff was directed to place a notice in the local paper to solicit a
resident to serve on the subcommittee.
Council acknowledged a memo from the City Clerk as a
reminder of the Board of Review meeting and an associated
memo from the Treasurer regarding increased valuation
percentages.
MISCELLANEOUS
ADJOURN
Ayes: 4
Nays: 0
Al'1'EST:
Page No. 2321
April 5, 1988
The Council acknowledged a report from the Public Works
Superintendent relative to the Downing /T.H. 13 intersection.
There being no further business to come before the Council,
Coiincilmember Hartmann moved that the meeting be
adjourned.
Councilmember Cummins seconded the motion.
1'1ME OF ADJOURNMENT: 9:45 o'clock p.m.
Charles E. Mertensotto
Mayor
15,athleen M. Swanson
City Clerk
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
ON APRIL 5, 1988
Blacktoppinq Licenses:
Dawson Blacktopping, Inc.
J.W. Asphalt Construction, Inc.
Concrete Licenses:
D & S Cement Company
Lindahl & Carlson, Inc.
Sta -Lor Masonry
Robert W. Compton
Excavating Licenses:
M.J. Ryan Construction Company
Paranteau Excavating
Thompson Plumbing
Fencing License:
Able Fence, Inc.
Gas Piping License:
Snelling Mechanical, Inc.
General Contractor Licenses:
American Remodeling
Hanson Homes, Inc.
Hines & Sons, Inc.
Jory Louisiana Construction
Kenneth Stone Gold
Kurth Construction
Landico, Inc.
Listul Erection Corp.
Rainbow Homes of Eagan
Heating & Air Conditioning License:
Ferraro Heating, Inc.
1988 Cigarette License:
Par 3 Golf, Inc.