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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.