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1987-10-06 Council minutesPage No. 2180 October 6, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 6, 1987 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 Blesener, Cummins, and Witt. Councilmember Hartmann arrived at 7:35. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 PROCLAMATION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Mertensotto informed the audience that he has been requested to proclaim the week of October 19th through the 24th, 1987 as National Business Women's Week and that he supports the request. Councilmember Cummins moved to proclaim the week of October 19th through the 24th, 1987 as National Business Women's Week. Councilmember Blesener seconded the motion Councilmember Blesener moved approval of the minutes of the September 15th meeting. Councilmember Cummins seconded the motion. Councilmember Cummins moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of Minutes of the September 22nd Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for September. Ayes: 5 Nays: 0 CABLE TELEVISION BREAM BUILDERS VICTORIA HIGHLANDS Page No. 2181 October 6, 1987 c. Approval off a modified critical area site plan (CAO Case No. 87-05, Culligan), to allow construction of a home on Lot 1, Block 1, Valley View Oak Addition, along with waiver of the $100 site plan review fee. d. Award of a purchase order in the amount of $6,114.00 to Northern Landscape for construction of a retaining wall adjacent to the Lawrence Bertz property as part of Improvement No. 86, Project No. 9 (The Ponds). e. Authorization to place Public Works Superintendent Tom Olund at Step E of the Pay Matrix, effective October 2, 1987, increasing his annual compensation to $35,500. f. Acknowledgment of the third quarter Target Issues Status Report. g. Approval of the list of contractor licenses dated October 6, 1987 and attached hereto. h. Approval of the List of Claims dated October 6, 1987 and totaling $224,891.72. i. Approval of the Gun Club Lake WMO Plan. Councilmember Hartmann seconded the motion. Mr. Paul Tatone, NDC-4 Chairman, Mr. Mike Sokol, Mendota Heights representative to the Northern Dakota County Cable Communications Commission, and Mrs. Vicky Long, NDC-4 Administrator, were present to update the Council on the Commission's current work program, plans of the Commission, and issues connected with the cable franchise. Mr. Tatone also distributed and reviewed the Commission's budget. Mayor Mertensotto called the meeting to order for the purpose of a public hearing on an application for Conditional Use Permit for Planned Unit Development and Preliminary Plat of Victoria Highlands. Mr. Howard Bream reviewed the proposed planned unit development for construction of 32 townhouses and 38 single family residences on Page No. 2182 October 6, 1987 property located at the northeast quadrant of Marie and Victoria. Mr. Bream explained that the townhomes would be located on the southerly portion of the property and would be a separate development without access to the single family portion of the PUD. Access to the townhouses would be from Marie Avenue. Mr. Bream reviewed the preliminary plat for the single family portion of the development and indicated that the townhouse portion will be platted as an outlot. He stated that at the present time he is asking only for plat approval for the single family development and for PUD approval overall. Councilmember Blesener questioned the need for a passive park and suggested that there is a need for a ballfield and would at a minimum like to see the rough grading done for a field. Mayor Mertensotto asked Mr. Bream whether he would be amenable to doing the grading. Mr. Bream responded that it must first be decided how the park will be used. He stated that he would not be amenable to doing grading on the park dedication area but that if the Council so desired, he would stockpile any excess fill from grading of his site for use by the City. Responding to a question from Mayor Mertensotto over potential drainage problems on the park area, Public Works Director Danielson stated that the proposed park location is ideal in that the pond on the property would provide an ideal outlet for the Marie Park pond. Councilmember Blesener asked whether the additional 17 feet of right -of -way for Victoria is included in the plat or if it has been taken out of the plat area, and also felt that it is extremely important that there be a pedway along Victoria. Mayor Mertensotto asked for questions and comments from the audience. Mr. Carl Sieben expressed concern over traffic which would come from the development onto Victoria and felt that there should be a north /south road in the center of the plat area to take traffic off of Douglas. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 LEARNING TREE CASE NO. 87 -29 Page No. 2183 October 6, 1987 Councilmember Blesener left the meeting at 8:15 P.M. Mr. Brian Kamin, 900 Nina Court, representing the residents on Nina Court, stated that he has attended that Planning and Park Commission meetings on the proposed plat, disagreed with Mr. Sieben, and stated that he and the other Nina Court residents endorse the plan as presented. Mr. Rich Soweski, Adeline Court, stated that the real problem is that something must be done with Victoria Road, because people travel at such high speeds. He suggested that a stop light should be installed at Marie and Victoria. He also stated that the residents on Adeline Court support the proposed plat and the location of the park There being no further questions or comments, Councilmember Witt moved that the hearing be closed at 8:27 P.M. Councilmember Cummins seconded the motion. Councilmember Witt moved adoption of Resolution No. 87 -97, "RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR VICTORIA HIGHLANDS," along with approval of the preliminary plat for Victoria Highlands, with the condition that the developer straighten out the lot lines for Lot 4. Councilmember Cummins seconded the motion. It was the consensus of the Council that the preliminary plat be submitted to the Park Commission for review and response as soon as possible relative to the use of the park area Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the Learning Tree for a conditional use permit to construct a day care facility at Victoria Road and Summit Lane. Mayor Mertensotto stated that the applicant has requested that the hearing be continued to November 8th to allow time for preparation of an alternate proposal. Mayor Mertensotto asked for questions and comments from the Ayes: 4 Nays: 0 BID AWARD WILLOW CREEK REALIGNMENT Ayes: 4 Nays: 0 CASE NO. 87 -27, LILLY Ayes: 4 Nays: 0 Page No. 2184 October 6, 1987 audience. There being no questions or comments, Councilmember Cummins moved that the hearing be continued to 8:00 P.M. on November 3rd. Councilmember Hartmann seconded the motion. The Council acknowledged and discuss a report from the Public Works Director tabulating informal quotations received for the realignment of the creek on Lot 2, Willow Springs Addition. Mayor Mertensotto expressed concern over the collection of;City costs for the project. Public Works Director Danielson stated that the developer has placed money in escrow, that the improvements can be assessed, and that the developer has agreed to merge all past costs into the current project.a. Discussion. Councilmember Witt moved adoption of Resolution No. 87 -98, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CREEK REALIGNMENT IMPROVEMENTS TO SERVE LOT 2, WILLOW SPRINGS ADDITION (IMPROVEMENT NO. 83, PROJECT NO. 6)," awarding the contract to Reisinger Excavating for their low bid of $10,132.31. Councilmember Hartmann seconded the motion. Mr. James Lilly was present to request approval of his application for the subdivision of 9.1 acres of property located on Dodd Road. The Council discussed Mn /DOT's suggestion that the developer should dedicate part of Lot 1 to the City for a ponding area. Public Works Director Danielson concurred with Mr. Lilly's comment that Mn /DOT cannot make such a requirement of private property owners. He also informed Council that private, on -site sewer and water will serve Lot 3. Councilmember Cummins moved approval of the preliminary plat of the T & J Addition. Councilmember Hartmann seconded the motion. Page No. 2185 October 6, 1987 CASE NO. 87-30, HAIR Mr. Doug Hair was present to request approval of a wetlands permit to allow construction of a home on Lot 18, Linden Addition. Ayes: 4 Nays: 0 CASE NO. 87-31, GUENTHER In response to a question from Mayor Mertensotto, Mr. Hair stated that about eight feet of soil must be removed from the site and that about half of the soil is usable. He stated that the basement floor will be about three feet above the high water level of the lake. Mr. Hair informed Council that the house has been moved 20 feet easterly from what was proposed in his original plan in response to the Planning Commission's request. The Council briefly discussed the portion of the Public Works Director's report relating to drainage improvements requested by Mr. Hair and a similar request from Mr. John Coonan in 1985. Mayor Mertensotto expressed his concern that people use the existing drainage easement as access to Rogers Lake stated that he would not want to see that access interfered with. Mrs. Hughes, 2308 Swan Drive, stated that as long as the public access is not filled in she has no objection to the wetlands permit application. Administrator Frazell informed Council that Councilmember Biesener has asked him to express her opinion that the home should be moved further to the east than what is currently being proposed. Councilmember Hartmann moved to approve a wetlands permit for Lot 18, Linden Addition to allow construction of a home as shown on the plan received October 2, 1987, along with waiver of the public hearing requirement. Councilmember Cummins seconded the motion. Mr. Richard Bjorklund was present to request approval of a wetlands permit application from Dr. Dean Guenther to allow construction of a home on Lot 3, Block 1, Spring Creek Acres, 62 feet from the centerline of the creek located on the property. He informed the Council that a revised plan has been prepared in response to Planning Commission discussion on the application and that the Ayes: 4 Nays: 0 CITY HALL Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Page No. 2186 October 6, 1987 garage is now a tuck-under rather than attached as in the original plan. Councilmember Cummins moved approval of a wetlands permit for Lot 3, Block 1, Spring Creek Acres, and a 38 foot wetlands setback variance to allow construction of a home 62 feet from the centerline of the creek, along with waiver of the hearing requirement. Councilmember Hartmann seconded the motion. Architect Bob Pierce was present to review final plans and specifications for the new City Hall. Council also acknowledged receipt of a report from Administrator Frazell regarding financial considerations of City Hall construction. Mr. Pierce stated that the structure will be 19,300 square feet, and, in response to a question from Mayor Mertensotto, explained why the building size increased from the originally proposed 18,700 square feet. He also stated that the exterior treatment will be face brick and the building will have a cedar shake roof. He stated that there will be three separate contracts for construction, those being mechanical, electrical and general contracts, and he asked for authorization to advertise for bids to be received on November 3rd and to be awarded that evening. Councilmember Cummins moved adoption of Resolution No. 87-99, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF CITY HALL", bids to be received at 2:00 P.M. on November 3rd. Councilmember Witt seconded the motion. Councilmember Witt moved to authorize Treasurer Shaughnessy to work with Dougherty, Dawkins, Juran and Moody, American National Bank and First Bank St. Paul, to put together lease financing package alternatives to be considered by Council. Councilmember Hartmann seconded the motion. HIGHWAY 13 WATERMAIN The Council acknowledged a report from the EXTENSION Ayes: 4 Nays: 0 HILLSIDE CREEK Page No. 2187 October 6, 1987 Public Works Director regarding a request from Mr. Mike Cornick, 1176 Sibley Highway, for an extension of the City's watermain to serve his property Councilmember Cummins moved to table discussion on the matter to the next meeting. Councilmember Witt seconded the motion. Council acknowledged receipt of the feasibility study for proposed improvements to serve the Hillside Creek subdivision. Mr. Carl Anderson, developer of the property, reviewed a revised preliminary plat of the subdivision. Councilmember Cummins stated that the revised plat is so different from the proposal reviewed by the Planning Commission that he believes it should be referred back to the Commission to try to resolve some of the technical problems raised in the feasibility study. Mr. Anderson stated that he would like to start work on the project this year and in order to do so he must have preliminary plat approval this evening. Councilmember Hartmann agreed with Councilmember Cummins and stated that there are some major changes in the preliminary plat from what the Planning Commission reviewed. It was noted that there has been no petition for public improvements and that the improvements would have to be Council initiated. Councilmember Cummins moved to refer the revised preliminary plat for Hillside Creek Acres to the Planning Commission for review and recommendation, with direction to the Commission that the matter be returned for Council consideration at the November 3rd meeting. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 BETH JACOB SYNAGOGUE A representative of the Beth Jacob Synagogue presented a revised landscaping plan for the Page No. 2188 October 6, 1987 project. He stated that in response to concerns of residents at the last Council discussion on the matter, an evergreen hedge of four to six foot arborvitae has been substituted for the maple hedge shown on the original plan, and that the arborvitae will extend all the way along the west curbline of the proposed parking lot. He also pointed out that a berm will be added east of the existing trees, from the existing single family structure (former Mulvihill home) to the north property line. Ms. Carol Adams, a resident who had expressed concern over screen at prior discussions on the matter, stated that she feels the revised plan provides a good solution. Councilmember Hartmann moved adoption of Resolution No. 87-100, "RESOLUTION APPROVING FINAL PLAT FOR BETH JACOB SYNAGOGUE." Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 RADIO TOWER REQUEST Mr. Joseph Koppi, 975 Delaware Avenue, and Mr. John Bellows were present to request authorization to erect an adjustable height, telescoping mast radio tower at his residence. Mr. Koppi stated that the tower is a self- supporting system, free standing, and would be located about three feet from the house. Councilmember Hartmann informed Mr. Koppi that the City is in the process of reviewing and recodifying its ordinances and that ordinance language adressing ham radio towers should perhaps be included. He asked Mr. Koppi if the tower can be lowered easily during storms. Mr. Koppi responded that it can, and that in fact the tower would probably be in its lowered position most of the time. Mayor Mertensotto pointed out that the request presents a problem because there are no City regulations which address radio towers. He also informed Mr. Koppi of a similar request which was turned down in the past, and explained that there were neighborhood objections to that request based on concerns over the potential that the tower might act as a lightning rod and might cause intereference with television reception in the neighborhood. ( ' Ayes: 4 Nays: 0 1987 LEVY Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Page No. 2189 October 6, 1987 Mr. Bellows stated that he is not prepared to speak to the issue of whether such a tower might have the potential of being a lightning rod, but that any engineer would tell Council that the taller the antenna, the less likely it would be that television interference would be caused. He cited provisions of an FCC order relating to a limited preemption of local regulations and the results of a recent court case. Mr. Bellows that Mr. Koppi's neighbors do not seem to object to the request and pointed out that the structure has no guy wires or truss structures. He stated that it seemed to him that if there are no regulations to prohibit the request it should be approved. He also offered to provide sample ordinances relating to ham radio towers. He stated that the height of the tower itself is 24 feet and that it cranks up to 60 feet.. After additional discussion, Councilmember Cummins moved to grant a variance for the antenna, to permit construction of the structure on the condition that when it is not in use, the operator will nest it. Councilmember Hartmann seconded the motion. The Council acknowledged and discussed a report from the City Administrator regarding the proposed 1987 levy and firefighter compensation. After discussion, Councilmember Cummins moved adoption of Resolution No. 87-101, "RESOLUTION APPROVING 1987 LEVY COLLECTIBLE IN 1988." Councilmember Witt seconded the motion. Councilmember Cummins moved to create a firefighter's compensation review committee and to appoint Mayor Mertensotto, Councilmember Cummins, Administrator Frazell, Treasurer Shaughnessy, Fire Chief Maczko, and Firefighters Kilburg, Adrian, Lappako and Leroy Noack to serve on the committee. Councilmember Witt seconded the motion. LEXINGTON HEIGHTS Council acknowledged final plans and speci- Page No. 2190 October 6, 1987 FIRE HYDRANT fications for installation of fire hydrants to serve the Lexington Heights Apartments. Councilmember Cummins moved adoption of Resolution No. 87-102, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR INSTALLATION OF FIRE HYDRANTS TO SERVE LEXINGTON HEIGHTS APARTMENTS (IMPROVEMENT NO. 86, PROJECT NO. 14," bids to be received on November 17th. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 PERSONNEL On the recommendation of the City Administrator, Councilmember Hartmann moved to create the position of full-time Code Enforcement Officer and to appoint Richard Gill to the position at Step B in the Pay Matrix, $27,346 annually, effective October 12, 1987. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 EQUIPMENT Council acknowledged receipt of a tabulation of informal quotations received for purchase of a pick-up truck for the Code Enforcement Department. Ayes: 4 Nays: 0 MAC ASSESSMENTS Ayes: 4 Nays: 0 PERSONNEL Councilmember Cummins moved to award the purchase of a 1988 1/2 ton GMC pick-up truck from Valley Olds Pontiac GMC as quoted, for a purchase price of $10,502.82. Councilmember Hartmann seconded the motion. Council acknowledged a report from Treasurer Shaughnessy regarding the calculation of interest due on the MAC assessment deferments. Councilmember Cummins moved to approve the calculation of $29,181.50 in interest payable on deferred assessments for the MAC property. Councilmember Hartmann seconded the motion. It was the consensus of Council that the annual City Administrator's performance review be conducted at 7:00 P.M. on October 20th. RESPONSE TO COUNCIL The Council acknowledged receipt of a memo Page No. 2191 October 6, 1987 COMMENTS regarding the Fire Department Open House. COUNCIL COMMENTS OFFICE HOURS Ayes: 4 Nays: 0 ADJOURNMENT Ayes: 4 Nays: 0 Mayor Mertensotto referred to staff a letter he had received from Mr. Cleary regarding drainage problems. Councilmember Witt asked the Council for suggestions for potential use of CDBG funds. At the recommendation of the City Administrator, Councilmember Hartmann moved that the City Offices be closed on Christmas Eve. Councilmember Witt seconded the motion. There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 10:23 P.M. thleen M. Swanson City Clerk ATTEST: gaspg, /kw-6.77a Charles E. Mertensotto Mayor. LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON OCTOBER 6, 1987 Asphaltic/Concrete Paving License: Dawson Blacktopping, Inc. Excavating License: Associated Enterprises of Lake Elmo, Inc. Vanderhoff Excavating Bob Zappa Excavating General Contractors Licenses: EPM Remodeling Hoyt Construction Mark Johnson Construction, Inc. Sawyers Construction Heating & jr A Conditioning License: Mitchell Company Masonry License: Neuharth Companies