Loading...
1987-07-07 Council minutesPage No. 2124 July 7, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 7, 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, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Councilmember Witt moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Councilmember Hartmann moved approval of the minutes of the June 30th Special Meeting. Councilmember Witt seconded the motion. CONSENT CALENDAR Councilmember Hartmann moved approval of the consent calender 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 the minutes of the June 23rd Planning Commission meeting. b. Acknowledgment of the Fire Department monthly report for May. c. Acknowledgment of the Code Enforcement monthly report for June. d. Acknowledgment of the. minutes of the June 9th Park and Recreation Commission meeting. e. Acknowledgment of the quarterly goals progress report. f. Acknowledgment of a letter from the Academy for State and Local Government. g. Acknowledgment of a notice from Dakota County on a public hearing to establish a regional railroad authority in Dakota County. h. Adoption of Resolution No. 87-60, "RESOLUTION AUTHORIZING Ayes: 5 Nays: 0 PUBLIC COMMENTS INTRODUCTIONS MISCELLANEOUS Page No. 2125 July 7, 1987 QUIT CLAIM DEED FOR VACATED DEAN AVENUE." i. Approval of plans and specifications for the 1987 seal coating project. .J Approval of the issuance of off -sale 3.2 malt beverage licenses to Tom Thumb Food Markets, Inc., Country Club Market, and Par 3 Golf, Inc. k. Approval of the list of contractor licenses dated July 7, 1987 and attached hereto. 1. Approval of the List of Claims dated July 7, 1987 and totalling $164,154.92. Councilmember Witt seconded the motion. Mr. Richard Paul, 940 Wagon Wheel Trail, asked that Council consider instituting a weed control program for Rogers Lake. He was requested to submit written information to City staff for research and report. Mayor Mertensotto introduced School Board members Judy Pendergrass, Bob Doffing and Kitty Haight and Park Commission Chairperson Jim Stein to the audience. The Council acknowledged a letter from Mr. & Mrs. Emil Slowinski, 806 Bachelor Avenue, regarding concerns over the angle of the slopes in the Deer Trail Hills development and the dumping of dirt from the Evergreen Knolls area. Public Works Director Danielson stated that he has been in contact with the Slowinskis, that the slopes in the area of concern to the Slowinskis are the same as they were before the project started, that there is very little erosion and the slopes will be seeded soon, and that the slopes have been changed because of construction will be corrected. Mr. Danielson was directed to send a response to the Slowinskis. HOUSE PAINTING The Council acknowledged a response from the City ORDINANCE Administrator to a request for adoption of minimal housing and REQUEST painting ordinances, recommending that the issues be addressed as part of the zoning code review process. Councilmember Cummins asked whether the City could pursue some provision of the health ordinance and involve Dr. Chao in the residents' complaint about a home in Friendly Hills. Attorney Hart suggested that since there are conditions that relate to public health, safety and welfare, the City could take steps to remedy the problem under its police powers. Page No. 2126 July 7, 1987 HEARING -- Mayor Mertensotto opened the meeting for the purpose of a STREET VACATION public hearing on an application for the vacation of a portion of Copperfield Drive platted in the Copperfield II Addition and realigned in the Copperfield III Addition plat. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Witt moved adoption of Resolution No. 87-61, "RESOLUTION APPROVING VACATION OF STREET." Councilmember Cummins seconded the motion. HEARING -- CASE Mayor Mertensotto opened the meeting for the purpose of a NO. 87-13, MASTEL public hearing on an application from Mr. & Mrs. Chuck Mastel for a conditional use permit to construct a 6 foot high fence in the rear yard of their through lot, 1341 Cherry Hill Road. Ayes: 5 Nays: 0 Mayor Mertensotto pointed out that the applicants have requested permission to install the fence 33 feet from the center line of Wachtler Road but that the County has a 50 foot wide right-of-way for Wachtler. He informed the Mastels, who were present for the discussion, that the City has been advised that the County will not permit the fence to be installed within the right-of-way. Mr. Mastel stated that his legal counsel has conferred with the County attorney and that he believes the issue can be resolved and that the fence can be built at the 33 foot line. He stated that the Council consider approval of the fence at the 50 foot line if the original request is not acceptable. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed at 8:01 P.M. Councilmember Witt seconded the motion. Councilmember Cummins moved adoption of Resolution No. 87-62, "RESOLUTION APPROVING CONDITIONAL USE PERMIT," approving the location of the fence 33 feet from the centerline of Wachtler Avenue, subject to approval by Dakota County of the installation of the fence in the location requested, and in the alternative that the location is not approved by the County that the applicant be authorized to place the six foot high fence at the right-of-way line. Ayes: 5 Nays: 0 CASE NO. 87-14, JOYCE Ayes: 5 Nays: 0 CASE NO. 87-17, CHADIMA Ayes: 5 Nays: 0 CASE NO. 87-15, EDINGER Page No. 2127 July 7, 1987 Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Resolution No. 87-63, "RESOLUTION APPROVING A LOT DIVISION IN THE WALLNER-JOYCE ESTATES PLAT," approving the division of Lots 1 and 3 into three lots, subject to receipt of the required park contribution. Councilmember Witt seconded the motion. Councilmember Cummins moved approval of 2 foot, one inch variances to the sideyard setbacks and 26 foot, 7 inch varinace from the rear yard setback for the southerly lot created in the Wallner-Joyce lot division, to allow construction of a home 17 feet 9 inches from the north and south property lines and 66 feet from the westerly property line. Councilmember Hartmann seconded the motion. Councilmember Cummins moved approval of a four foot front yard setback at 594 Pond View Drive to allow construction of a new garage 26 feet from the front property line of Lot 8, Block 5, Copperfield Second Addition. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 87-16, Mr. James Loving was present to request approval of a 20 foot LOVING rear yard setback variance at 672 Cheyenne Lane to allow construction of a new home 10 feet from the rear property line of the corner lot. Mr. Vogt, an adjacent property owner, stated that he has no objection to the request. Councilmember Witt moved approval of a 20 foot rear yard setback at 672 Cheyenne Lane to allow construction of a home ten feet from the property line, subject to the applicant providing a 30 foot minimum sideyard setback. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 87-04, Mr. Dick Putnam was present to request approval of the final HAMPSHIRE plat for the Hampshire Estates Addition. As part of the ESTATES discussion, Mr. Putnam stated that he would like to name the park the "Hagstrom King Park" in honor of Bill and Lois King. Councilmember Witt felt that the Park Commission should make a determination on the park name. Page No. 2128 July 7, 1987 Councilmember Blesener moved adoption of Resolution No. 87- 64, "RESOLUTION APPROVING FINAL PLAT FOR THE HAMPSHIRE ESTATES SUBDIVISION," subject to reserving the park name for review by the Park Commission, along with authorization for execution of the developers agreement by the Mayor and City Administrator. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 ATHLETIC COMPLEX The Council acknowledged a report from the City Administrator relative to the Barton - Aschman report concerning the siting of the proposed athletic complex along with a letter from the School Board regarding the same matter. Mayor Mertensotto stated that after the referendum was withdrawn, the Council considered its options and commissioned Barton - Aschman to study the Riley property and make comparisons between it and the School District site. He informed the audience that the Park Commission has acted on the report and made a recommendation that the Council continue negotiations with the School Board to work toward the Henry Sibley alternative. Commission Chairperson Jim Stein stated that he feels that rather than aC_t31g,on the Commission recommendation this evening, Council should first determine whether it is possible to reach some type of agreement between the two public agencies. Councilmember Cummins asked Mr. Stein what the Commission's reaction would be if the Council preference this evening is to negotiate with the owner of the Riley property. Mr. Stein responded that the sites have been narrowed down to two and that the Commission feels that the school site is better from many different standpoints. He also stated that he feels that a bond issue for placing the complex on the Riley site would likely fail because of the additional expense for development of the site. Mr. Barry Warner, from Barton- Aschman, stated that the study prepared by his firm compares and contrasts the two sites. He reviewed a conceptual layout on the Riley property and reviewed the information contained in the report. He estimated that development of the Riley site would cost $1,938,000 and that the school site cost would be an estimated $1,045,000. He then reviewed the facilities which would be proposed to be located at the two sites. He stated that from the consultant's standpoint the Sibley site is a more prudent choice based on cost and other criteria. There was discussion over the determination of value of the Riley property. Councilmember Cummins asked whether there was consideration given to the fact that seventeen acres of Page No. 2129 July 7, 1987 property will be required as the park dedication for development of the Riley property. Mr. Warner responded that it is his feeling that even if the athletic complex is built on the Riley site there will still be the need for a neighborhood facility and that the park dedication should be used for a more traditional park. Mayor Mertensotto expressed concerns over negotiating an agreement with the School District, and asked whether Mr. Warner's recommendation would still be the same if the agreement terminated in 20 years, as was a condition in the earlier agreement with the District. He pointed out that longevity is a factor -- the City would be contributing over $1 million and that he is concerned over what the tax payers will have for their investment at the end of the contract term. Mayor Mertensotto asked for questions and comments from the audience. Mr. Bernard Friel, 750 Mohican Lane, objected to the consultant's use of values for the Riley property based on medium and high density zoning. He felt that 70% ownership in 10 acres of property for 20 years for $1 million (for the school district site) is not as wise an investment as spending the amount required for purchase and development of 36 acres of the Riley property and having full control over the site. He stated that Mr. Stein's suggestion that the Council negotiate with the School Board would have the result of closing the possibility of acquiring the Riley site. Councilmember Witt stated that even if $500,000 were shaved from the purchase price of the Riley site, it would still cost. the City $500,000 more than the School District site to acquire and develop. She stated that there is no agreement with the school district over distribution of ownership of that site, and that the entire issue must be discussed with the Board. Councilmember Blesener stated that the agreement that was considered in the past is not acceptable and that this is neither the time nor the place to negotiate an agreement. Mr. Boyce, a representative of Centex, the firm holding an option on the Riley property, stated that they will be submitting a plan in the next two weeks for development of the property. He stated that with regard to the park dedication, if the City wants a forty acre athletic complex on the site, only 80 acres would be left and that is what the park dedication would be based on. He stated that this is not the type of facility for a residential neighborhood and that as far as the price is concerned, on a net acreage basis the price would be very close to what Mr. Warner projected. He felt that if the City were to purchase the property for the Page No. 2130 July 7, 1987 athletic complex it should also buy a buffer zone between the fields and the residential development. He stated that he is more than willing to work with the City and is not opposed to an athletic complex, feeling that it is a good thing for the community. Mr. Mel Swanson, 1778 Ridgewood, asked whether the City would provide a buffer zone around the sibleyfiel-dd-that-Tf the City buys the Sibley property, four other communities will have the "say" over what can be done with the land now and in the future. He felt the City should choose the Riley site because it would have total control over the site. Mr. Gary Gustason, Cherry Hill Road, stated that in the case of the Riley site, the City would be taking 35 acres off the 1 tax rolls in contrast to seven acres for the Sibley site. At 10 units per acre the City would lose about $280,000 per year in tax revenues. He felt that that should be taken into consideration in deliberation over siting the facility. He felt that one thing missing in the City is a lack of community identity and that if the facility were located at the school it might be something which would develop more community spirit. Mr. Russ Wahl, 631 Callahan Place, suggested a number of facilities which could be included in the athletic complex at the Riley site and felt that more people would use that site. He also stated that no traffic study has been done to determine potential impact on Marie Avenue if the facility were located at Sibley. School Board Chairperson Niemeyer stated that the primary issue is which site would be in the best interest of the City. He stated that the Board went through a series of negotiations with the City this past spring and that there are new Board members since that time. He informed the Council that the Board talked about this project at its last meeting and stands ready to go back to the negotiating table to try to arrive at a decision good for all parties for a term of not twenty years but for many more years that will serve the interests of the citizens of Mendota Heights and the school district students. He stated that the Board very much wants to see a contract work as a successful partnership and would like to commit themselves to a viable agreement. Board member Bob Doffing, former Park Commission member, reviewed the Commission's planning process for the athletic complex, trails and neighborhood park improvements included in the proposed referendum. He also reviewed results of a community survey conducted by the Commission. Mr. Stan Gustason stated that he feels a complex is needed and that in his judgment had the agreement been approved both parties would have been unhappy. He stated that it was a Page No. 2131 July 7, 1987 poorly written agreement and that the School Board's primary responsibility is the education of the students, not building athletic complexes or providing other types of facilities. He felt that every time the Board commits to an agreement they are committing funds that could be used otherwise. He felt that the failure of the agreement was the best thing that could have happened to the District and that all of the people in the district, not just the Mendota Heights residents, should pay for the facilities to be used by the High School. James Losleben, 815 Hazel Court, stated that the Riley site could be used for more than just soccer and football and expressed his concern that at the end of the agreement with the School District the City will have little to show for its investment. He stated that the facility seems a natural use for the Riley site because of the impact of air traffic noise and freeway noise on the site. Robert Lockwood, 2 Hingham Circle, pointed out that no one has said anything about the impact of aircraft noise on the play fields if the complex were developed on the Riley property. He stated that the Friendly Hills residents are often complaining about the noise and that he feels that this complex would be impacted by the noise for the next ten years and would be little good to anyone. He felt that no money should be invested by the City in the Riley property and that Council should trust the good faith of the citizens of the school district and School Board members being able to develop a good agreement that would last ad infinitum. Ultan Duggan stated that if the Riley site is allowed to fully develop there will be no land left in the community for open space and that he would like to see the taxpayers' money invested in that land as open space forever. There being no further comments, Mayor Mertensotto suggested that the Council should pursue both the Riley site and the School District site simultaneously so that it does not lose the opportunity to consider the Riley site while negotiating with the School Board. Councilmember Cummins stated that he feels the proposal which has formerly been discussed with the School District is totally unacceptable and if there is to be an agreement it must be totally different from the original. He also did not want the City to lose its option for the Riley site. Staff was directed to set up dual procedures to explore both the Riley and School District options, with completion of the process in 90 days. RECESS Mayor Mertensotto called a recess at 9:29 P.M. The meeting was reconvened at 9:44 P.M. POLICE PERSONNEL SQUAD CARS Ayes: 5 Nays: 0 PARK COMMISSION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 G & L PROPERTIES Ayes: 5 Nays: 0 Page No. 2132 July 7, 1987 Police Chief Delmont was present to request authorization to offer the police officer position to Donna Udell Currie. Councilmember Blesener moved to offer the Police Patrol Officer to ask her to appear before the on July 21st. Councilmember Witt seconded the authorize Chief Delmont to position to Donna Currie and Council for formal appointment motion. Chief Delmont reviewed his memo and recommendation on the purchase of vehicles to serve as unmarked squad cars. Councilmember Witt moved to authorize the expenditure of up to $9,000 in 1987 for the purchase of a low mileage lease vehicle to be used as an unmarked police car, and approve the budgeting for a similar purchase in 1988, further authorizing the reappropriation of funds from the General Fund balance to the Police Department budget. Councilmember Cummins seconded the motion. Councilmember Hartmann moved to accept the resignation of Bob Doffing from the Park Commission with great appreciation for his service to the community. Councilmember Witt seconded the motion. Mr. Bill Owens, III, Judy McCardle and John Huber, who had written letters of interest in appointment to the Park Commission were present and briefly informed Council on their interest and qualifications for appointment. After discussion, Councilmember Cummins moved that Bill Owens, III be appointed to the Park Commission to the unexpired term vacated by Bob Doffing. Councilmember Hartmann seconded the motion. Mayor Mertensotto thanked the other candidates for their interest and asked them to continue their interest in appointment when the next vacancies occur. The Council acknowledged the feasibility study for proposed improvements to serve the Northland Plaza subdivision. Councilmember Hartmann moved adoption of Resolution No. 87 -65, "RESOLUTION ACCEPTING ENGINEERING REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER, WATERMAIN, STORM SEWER, STREET AND STREET LIGHT CONSTRUCTION TO SERVE NORTHLAND PLAZA SUBDIVISION (IMPROVEMENT NO. 85, PROJECT NO. 3)." Councilmember Blesener seconded the motion. ASSESSMENT ROLL Ayes: 5 Nays: 0 Page No. 2133 July 7, 1987 Councilmember Hartmann moved to accept the proposed assessment roll for the Evergreen Knolls 2nd Addition improvements and to adopt Resolution No. 87-65, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR EVERGREEN KNOLLS 2ND ADDITION AND ADJACENT AREAS." Councilmember Witt seconded the motion. BUDGET The Council acknowledged and briefly discussed the budget survey. PAY EQUITY Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HOUSE BURN Ayes: 5 Nays: 0 DOG LICENSING Ayes: 5 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 87-67, "RESOLUTION REVISING CITY'S PAY PLAN TO IMPLEMENT PAY EQUITY OBLIGATIONS." Councilmember Witt seconded the motion. Councilmember Blesener moved adoption of Resolution No. 87-68, "RESOLUTION AMENDING SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1987 (RESOLUTION NO. 86-103)." Councilmember Hartmann seconded the motion. Fire Chief Maczko was present to request authorization to conduct a County wide drill involving the burning of a house and outbuildings at 2305 Dodd Road. After discussion, Councilmember Cummins moved to authorize a local drill on either August 8th or 15th to be conducted between the hours of 8:30 A.M. and no later than noon at 2305 Dodd Road. Councilmember Blesener seconded the motion. Council acknowledged a memo from the City Clerk regarding public requests for amendment to the dog licensing ordinance. Councilmember Hartmann moved to direct staff to thoroughly review and recommend ordinance revision, in the areas of both fees and enforcement, when the ordinance recodification process occurs. Councilmember Witt seconded the motion. WEEDS Council acknowledged a request from property owners in the Eide Addition to waive the requirement for the cutting of weeds on undeveloped lots in the Eide Estates. Councilmember Blesener moved to waive enforcement of the provisions of the weed ordinance. Councilmember Witt seconded the motion. Ayes: 4 Nays: 1 Mertensotto. PIPELINE HEARING LAKE LEMAY Ayes: 5 Nays: 0 DELAWARE AVENE SIDEWALK SWANSON DRAINAGE COMPLAINT MISCELLANEOUS COUNCIL COMMENTS Page No. 2134 July 7, 1987 Council discussed a memo from the Public Works Director relative to a notice of public hearing by the Dakota County Board on July 14th relative to a proposal by Koch Refinery and the airport to construct a pipeline which will cross the industrial area of Mendota Heights. The Council directed Mr. Danielson to appear at the hearing to reserve the right of the City to review the proposed constructioN and comment on the safety aspects. Councilmember Cummins moved to authorize the expenditure of $949 to Braun Engineering to conduct a general analysis of Lake Lemay. Councilmember Witt seconded the motion. Discussion on the condition of the Delaware Avenue sidewalk was tabled to July 21. Council acknowledged a report from the Public Works Director relative to a complaint from Mr. Melvin Swanson, 1778 Ridgewood Drive, over drainage from the Krajniak property. Mr. Swanson stated that he does not entirely agree with the report and should study the matter further. The Council directed that the Public Works Director work with Mr. Swanson and that the matter be placed on a future agenda if the issue cannot be resolved by staff. Council acknowledged a report from the Police Chief and Public Works Director regarding stop signs at Pontiac and Decorah. Councilember Witt asked that the owner of property at Marie and Dodd be contacted regarding filling of the property. She also informed staff that cars are being parked on the Perkegwin property by Fischer's 66 in violation of ordinances. Councilmember Cummins asked about a house in Copperfield that collapsed during recent high winds. Councilmember Blesener expressed concern over bicycle and pedestrian safety at the intersection of TH 110 and Lexington/ Staff was directed to study the matter. Page No. 2135 July 7, 1987 ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:37 P.M. ATTEST: Charles E. Mertensotto Mayor een . Swanson City Clerk