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1987-06-02 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 2, 1987 ( Page No. 2449 June 2, 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 Cummins and Hartmann. Councilmembers Blesener and Witt had notified the Council that they would be late. AGENDA ADOPTION Councilmember Cummins moved adoption of the agenda for the meeting, including items contained in the add-on agenda. Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Hartmann 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 the minutes of the April 28th Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for May. c. Acknowledgment of a letter from the Public Works Director to Ralph Oyen regarding subsurface water problems at the Ivy Hill Townhouse complex. d. Acknowledgment of a letter from Mr. William W. Owens, III expressing interest in appointment to the Park and Recreation Commission. e. Acknowledgment of a memo from Treasurer Shaughnessy regarding the final 1986 MWCC billing. f. Approval of the list of claims dated June 2, 1987 and totalling $127,955.07. g. Approval of the list of contractor licensed dated June 2, 1987 and attached hereto. Ayes: 3 Nays: 0 BID AWARD, THE PONDS AND ROLLING WOODS (IMPROVEMENT 86, PROJECT 9) Ayes: 3 Nays: 0 COPPERFIELD ESCROWS Ayes: 3 Nays: 0 WARRIOR POND EASEMENTS Ayes: 3 Nays: 0 CASE NO. 87 -12, NONNEMACHER Page No. 2450 June 2, 1987 h. Acknowledgment of the minutes of the May 26th Planning Commission meeting. Councilmember Cummins seconded the motion. The Council acknowledged a tabulation of bids received for public improvements to serve the Rolling Woods Addition and The Ponds. Councilmember Hartmann moved adoption of Resolution No. 87 -47, "RESOLUTION ACCEPTING BIDES AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATERMAINS, STORM SEWERS AND STREETS TO SERVE THE PONDS OF MENDOTA HEIGHTS AND ROLLING WOODS (IMPROVEMENT NO. 86, PROJECT NO. 9)," awarding the contract to Annandale Contracting, Inc. for their low bid of $263,781.00. Councilmember Cummins seconded the motion. On the recommendation of the Public Works Director, Councilmember Cummins moved to authorize staff to return the escrow checks which had been submitted by Copperfield I home builders under the terms of the Homebuilder's Agreement. Councilmember Hartmann seconded the motion. Public Works Director Danielson reviewed his report relative to acquisition of easements over the LaPean and Rischall properties on Callahan Place needed in conjunction with utility improvements to serve the Warrior Ponds plat. Councilmember Cummins moved to authorize staff to acquire 30 foot wide utility easements over the LaPean and Rischall properties at the rate of $0.75 per square foot for unbuildable area and $1.50 per square foot for buildable area. Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Thomas Nonnemacher for a wetlands permit to allow construction of a residence on Lot 9, Block 3, Tilsen's Highland Heights Plat 3 (1049 Douglas Road). Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 LEGAL CENTER Ayes: 3 Nays: 0 ASSESSMENT ROLLS Ayes: 3 Nays: 0 Page No. 2451 June 2, 1987 Mayor Mertensotto asked for questions and comments from the audience. The Council concurred in the determination of staff that while the property lies within the Critical Area, the proposal conforms to the guidelines of the Critical Area Ordinance and the applicant should be exempted from the public hearing and review requirements. There being no questions or comments from the audience, Councilmember Cummins moved that the hearing be closed at 7:46 P.M. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of the issuance of a wetlands permit for 1049 Douglas Road, and exemption from Critical Area hearing and review, conditioned upon filling in accordance with the plot plan submitted with the application, and further conditioned upon dedication of necessary utility and drainage easements and construction by the applicant of an extension of the City's storm line, all at no cost to the City. Councilmember Cummins seconded the motion. Councilmember Cummins moved to authorize payment of a one -time $150 fee for the purpose of establishing an endowment fund for the State and Local Legal Center. Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Resolution No. 87 -48, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLLS FOR WESLEY LANE (IMPROVEMENT NO. 86, PROJECT NO. 2), EVERGREEN KNOLLS 2ND ADDITION (IMPROVEMENT NO. 86, PROJECT NO. 6), MENDAKOTA ESTATES (IMPROVEMENT NO. 79, PROJECT NO. 3), DEER TRAIL HILLS (IMPROVEMENT NO. 86, PROJECT NO. 10), VALLEY CURVE ESTATES (IMPROVEMENT NO. 86, PROJECT NO. 5), SPRING CREEK ACRES (IMPROVEMENT NO. 87, PROJECT NO. 1), AND YORKTON CENTRE POINTE SOUTH (IMPROVEMENT NO. 84, PROJECT NO. 4) AND ADJACENT AREAS." Councilmember Hartmann seconded the motion. CONTRACTOR LICENSING Page No. 2452 June 2, 1987 Councilmember Hartmann moved adoption of Ordinance No. 234,"AN ORDINANCE AMENDING ORDINANCE NO. 601," to increase the limits of liability insurance. Councilmember Cummins seconded the motion. Ayes: 3 Nays: 0 ■ ' PARK PLACE On the recommendation of the Public Works Director, Councilmember Cummins moved to authorize staff to utilize Sunde Land Surveying as needed, on a time and materials basis, to assist with the surveying for the Park Place project, Improvement No. 86, Project No. 12. Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 0 AIRCRAFT NOISE ORDINANCE Ayes: 4 Nays: 0 ROLLING WOODS 2ND ADDITION Ayes: 4 Nays: 0 Councilmember Witt arrived at 7:55 P.M. The Council acknowledged a summary of the aircraft noise ordinance prepared by attorney Dave Moran for legal publication. Councilmember Cummins moved adoption of Resolution No. 87-49, "RESOLUTION REGARDING PUBLICATION OF A SUMMARY OF ORDINANCE NO. 23, ORDINANCE FOR AIRCRAFT NOISE ATTENUATION," directing that a copy of the entire text of the ordinance be posted in the City offices for public review. Councilmember Witt seconded the motion. Council acknowledged a memo from the Public Works Director recommending approval of the final plat for the Rolling Woods 2nd Addition. Mayor Mertensotto expressed concern over consideration of approval of the plat because an objection which had been made by a resident at a previous meeting. Public Works Director Danielson stated that the objection was based on drainage concerns which have been resolved because drainage will be confined within the area of the plat. Councilmember Hartmann moved adoption of Resolution No. 87-50, "RESOLUTION APPROVING FINAL PLAT FOR ROLLING WOODS 2ND ADDITION," conditioned upon receipt of the $3,000 park contribution, the addition of a 20 foot drainage easement along the south boundary and the other normal easements required, and on submission of a grading plan with proposed contours acceptable to staff. Councilmember Witt seconded the motion. Page No. 2453 June 2, 1987 CAO 87-03, Mayor Mertensotto opened the meeting for the OLSEN purpose of a public hearing on an application from David Olsen for Critical Area variance. Mr. Olsen was present for the discussion. Mayor Mertensotto stated that Mr. Olsen had asked for an eleven foot variance but that the Planning Commission has recommended approval of a five foot bluffline setback variance. Mr. Olsen stated that a five foot variance is acceptable, and he informed the Council that the building height has been reduced at the recommendation of the Planning Commission. He stated that construction will conform to the plot plan except that the house will be moved up to the 30 foot front-yard setback. Mayor Mertensotto asked for questions and comments from the audience. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 FURLONG ADDITION ( There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 8:07 P.M. Councilmember Witt seconded the motion. Councilmember Witt moved to grant a 5 foot Critical Area bluffline setback variance for Lot 1, Block 1, Valley View Oak Second Addition, on the condition that the structure be built in accordance with the plot plan dated May 14, 1987 amended so that the house is at the 30 foot front yard setback and no closer than 35 feet from the bluffline. Councilmember Hartmann seconded the motion. The Council acknowledged a letter from Mr. Robert Tousignant regarding concerns of the residents of the Furlong Addition. Mr. Tousignant and several residents of the Furlong Addition were present for the discussion. Administrator Frazell informed the Council and audience on the status of the Highway 55 Corridor Study, and noted that the study should be completed by the end of June or early July. Councilmember Blesener arrived at 8:12 P.M. Mayor Mertensotto stated that the Council has no answers to Mr. Tousignant's letter this evening because many of the answers will come from the study. In response to comments from Mr. Gaylen Funk, 1199 Rogers Road, regarding continuous Page No. 2454 June 2, 1987 aircraft noise problems, Mayor Mertensotto stated that the City may have to consider developing a program to acquire the homes in the Furlong area and those in the Rogers Road area. Mr. Tousignant stated that Lemay Lake is almost totally polluted and is unfit for any human activity because of the lack of public sewers system. Mr. Lambert Derks, 1300 Lakeview, suggested that the Mendota Heights Motel pumps its septic system directly into the lake. The Council directed that Public Works Director Danielson check into the complaints and report back to Council. Responding to a question from Mr. Tousignant on SAC charges, Administrator Frazell explained that it had been the policy of the MWCC to charge SAC charges for all new homes in the City, regardless of whether sewer is available. The MWCC has recently revised its policy and no longer charges where municipal sewer is not available. Mr. Derks pointed out that there is a new home being constructed in the neighborhood and suggested that the home would only add to the lake pollution problem. He also complained about property valuation increases even though there are poor streets and no public utilities. Councilmember Blesener asked whether Council could impose a building moratorium in the Furlong area. Treasurer Shaughnessy informed the Council on discussions he has had with Rogers Road residents and the potential for City acquisition of their properties from the Tax Increment Fund if the residents submit a 100% petition for buy-out. Mr. Richard Nadler, 610 Kirchner, and several of his neighbors regarding business activities being conducted in their neighborhood. Mr. Nadler felt that the City is not enforcing its Zoning Ordinance and is allowing a trucking operation to be conducted out of a residence on Fourth Avenue. He stated that he has had numerous conversations with the Code Enforcement Officer without satisfaction. He stated that the Police Department did issue a citation to the property owner but the citation was dismissed in court. Mr. Nadler stated that not only is a business being conducted, but Page No. 2455 June 2, 1987 also that the neighborhood is subjected to noxious fumes from coal being burned which is stored in a vehicle on the property. He informed the Council that he has recently called the City Administrator who suggested that Mr. Nadler submit a letter to the Council to complain about the violation. Mr. Nadler stated that he and his neighbors want the Council to direct staff to investigate the matter. He presented the Council with pictures of the property showing the condition of the property and the business activity. Mayor Mertensotto stated that if there has been a lack of prosecution it may be that it is much easier for the neighbors to get evidence of the complaint, such as the pictures, than it is for the City staff to do so. He stated that the City is taking appropriate steps to enforce its ordinances. City Attorney Tom Hart pointed out that the citation was issued for violation of Ordinance No. 1101, for the parking of custom service vehicles in a residential area but was dismissed because the vehicles were parked on property not owned by the owner of the vehicles. He stated that the people cited have made representations to the court that the situation will be abated, and that if this does not occur the City will vigorously pursue enforcement and more citations will be issued to both the property owner and the owner of the vehicles. Mrs. Margie Wegner, 577 Valley Lane, stated that one of the offending property owners built a huge garage which is being used to house many large trucks and trucks are being driven in and out of the property all hours of the night. The other offending party's property is just around the corner and is a disgrace, and trucks with business signs on them are coming and going from the property all of the time. Ms. Priscilla Walker, 1055 View Lane, agreed with Mrs. Wegner's comments. It was the consensus of Council that staff be directed to report back on June 16th as to whether the Court's deadline for abatement of the problem has been met. There being no one present on behalf of the Anderson application for subdivision, discussion on the matter was tabled to June 16th. Page No. 2456 June 2, 1987 CIVIC CENTER SITE The Council acknowledged a memo from the Public BALLFIELD FENCE Works Director relative to a request from the Park and Recreation Commission for installation of fencing at the ballfield located on the Civic Center site. Mr. Bob Doffing, Park Commission member, was present on behalf of the Commission. He stated that while the field is not an official park site it is used extensively. He informed Council that it has been suggested that a bigger backstop, out of bounds fencing to keep balls away from the service road, and some protection for the bench area are needed, and also fencing on the City Hall side after the City Hall is built. Public Works Director Danielson stated that staff did not feel there is a need for fencing on the east side and that a 40" high chain link fence is included to protect the people in the bench area. Mayor Mertensotto stated that he is not in favor of installing unsightly fences on the Civic Center site. He pointed out that the field was not designed to serve the use it is getting and that installing a fence now would only continue the use. Councilmember Cummins asked what alternatives would be available if Council does not approve the request because fence installation would not be a good expenditure in a non-permanent field. He also asked whether the field would be used as a Class A field if an athletic complex were a reality. Mr. Doffing stated that the Commission is not asking whether the field can stay, only whether Council would approve an $8,0.00 expenditure to make it a decent field that everyone can use. Councilmember Blesener moved to approve an 8 foot backstop and 6 foot brown vinyl or galvanized fence as requested and including the granting of a wetlands permit to allow filling to extend the right field at the Civic Center site. Motion died for lack of a second. Mayor Mertensotto pointed out that the site is not part of an organized play area and the expenditure would be wasted money. He felt that the use of the site must change after the City Hall is constructed. Councilmember Cummins stated that the Council has Page No. 2457 June 2, 1987 never said that the field will be a permanent park site, only that it will be retained until the City has another use for the site. He asked whether there are any other ballfields which could be upgraded. Mr. Doffing responded that perhaps the Friendly Hills field could be upgraded but that the field couldn't then be used for soccer and there would be a shortage of soccer fields. He stated that the City Hall committee wanted to keep the ballfield on the Civic Center site and that replacing the existing snow fence with chain link would enhance the site. He stated that the basis for the Commission's request is to keep children off the service road when chasing foul balls. In response to a question from Councilmember Witt, Mr. Doffing stated that the fence could be relocated if the use of the Civic Center site changes. Mayor Mertensotto stated that the City Hall Committee has spent a great amount of time trying to design a City Hall with a residential character and that the effort will have been futile if Council allows fencing to be placed in front of the building. He stated that what the Commission is proposing is to upgrade the facility into a first class ballfield when it was always intended for use by small children, for tee-ball and similar uses. Councilmember Cummins agreed, stating that this is not the right field to be upgraded, that it is the site for City Hall. Mr. Doffing asked that Council at least authorize putting up a new snow fence and a backstop. He informed Council that the Commission feels the City should spend some of the Park Fund money to improve the facility. There was some discussion over whether facilities at St. Peter's Church or the Mendota School would be viable alternatives if the City invested in their improvement. Mr. Doffing felt that they would not be adequate. Mayor Mertensotto pointed out that the real issue is that Council must decide whether it wants a first class ballfield on a site never intended for use other than as a City Hall site. He stated that if the request is approved the field would become permanent by default and that too much time has Page No. 2458 June 2, 1987 been spent by the City Hall committee to allow a permanent ballfield on the site. Councilmember Hartmann stated that there was never any intent on the part of the City Hall Committee for the field to be a first class field, but that it only be used for neighborhood play. He pointed out that the site's use is changing and that he cannot see spending the money requested only to remove the fencing in a year or to imply by spending the money that the field will be permanent. METRO EAST Mr. Ken Kixmoeller, project director for the Metro ECONOMIC DEVELOP- East Economic Development Coalition, was present to MENT give a brief presentation about the organization, to answer any Council questions about the program, and to review the benefits the City would receive for a $2,500 contribution to the Coalition. After discussion, it was Council consensus to take no action at this time but to consider the issue again at some future time. CASE NO. 87-11, Mr. Paul McGinley, surveyor for Mr. & Mrs. Dale STALDER Stalder, was present to request approval of the division of Lot 35, Auditor's Subdivision No. 3 (777 W. Wentworth Avenue), into two lots. Mr. McGinley explained that the original application was for the division of the property into three lots but that for various reasons, the Stalders have decided to create only one new lot. He reviewed conversations he has had with the County over right-of-way for Wentworth and Wachtler Avenues and stated that the Stalders are willing to grant the County 50 feet of right-of-way from the centerlines of each of the streets. There was some discussion over whether an existing out-building on the new lot should be removed. Mrs. Stalder stated that the building has a cement floor, is insulated and in good condition. She informed Council that she and Mr. Stalder plan to sell their existing home and build a new one on the new lot, and that if they decide to retain the out- building it will be re-sided and re-roofed with materials which will match those used on the new home. Councilmember Cummins moved adoption of Resolution No. 87-51, "RESOLUTION APPROVING LOT DIVISION OF THE EAST 115 FEET OF LOT 35, AUDITORS SUBDIVISION NO. 3," conditioned upon dedication of the necessary right-of-way to the County and submission of the required park contribution. Ayes: 5 Nays: 0 STREET LIGHTS AND SIDEWALKS LABOR AGREEMENT Ayes: 5 Page No. 2459 June 2, 1987 Councilmember Witt seconded the motion. Administrator Frazell asked for Council direction to staff on how to respond to requests for street lights and sidewalks in new subdivisions. Mayor Mertensotto stated that in his opinion people are concerned about street lighting and that if neighborhoods petition for them, street lights should be allowed. He felt that Council should approve a standard light and a method of assessing for the lights and for payment of operation and maintenance costs. With regard to new developments, he felt that if a developer wants to install lights it should be his gamble -- people may or may not choose to buy lots because street lights have been installed. Councilmember Blesener disagreed that approvals should be made on a neighborhood basis but rather that there should be a city-wide policy. Councilmember Cummins stated that he believes one of the attractive features of the community is that there are no street lights and that because of the lack of lights the community has a rural, tranquil atmosphere. He stated that if there are traffic or crime problems in a particular neighborhood, Council could approve a lighting request. Councilmembers Witt and Hartmann agreed with Mayor Mertensotto that if the neighborhoods want lights they should be allowed and that a standard light should be selected by the Council. The majority consensus of Council was to permit residential street lighting and work out a program to make lights possible for those people who want them. It was the consensus of Council that sidewalks should be allowed where requested. Councilmember Cummins felt that the front-yard setback should be increased where sidewalks are to be installed. Administrator Frazell reviewed the proposed 1987/88 Public Works labor agreement. Councilmember Hartmann moved to authorize execution of the 1987/1988 contract with the Public Works bargaining unit in accordance with the conditions outlined by the City Administrator. Councilmember Cummins seconded the motion. Page No. 2460 June 2, 1987 Nays: 0 MISCELLANEOUS The Council acknowledged a letter from Mr. Robert McCarthy regarding aircraft noise monitoring. Councilmember Hartmann stated that street construction at the intersection of Miriam and Chippewa is unsatisfactory. Mayor Mertensotto directed that staff investigate what appears to be a home occupation being conducted on property at Dodd Road and Bluebill. Councilmember Witt expressed her opposition to the licensing of contractors. In response to a Council question, Administrator Frazell reviewed the status of the Mendota/Mendota Heights storm water problems. Public Works Director Danielson responded to a question from Councilmember Blesener regarding filling activities on the Krajniak lot on Marie Avenue. COUNCIL COMMENTS ( ' ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:11 P.M. thleen M. Swanson ity Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON JUNE 2, 1987 Excavating License Carlson Sewer Co. ,Johnson Excavating General Contractor's License Conway Construction, Inc. Eagan Pool & Spa, Inc. 'Homes You Finsih, Inc. Kandi Roofing Company of Minnesota, Inc. Kurth Construction, Inc. London Brick Lukas Construction Corp. Oasis Pool and Spa Prestige Pool & Patio Heating and Air Conditioning License Supreme Heating and Air Conditioning Masonry License Dakota Rhodes Masonry, Inc. Krumwiede Construction, Inc.