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1990-01-02 Counil minutesPage No. 2686 January 2, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 2, 1990 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, 1101 Victoria Curve, 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 Anderson, Blesener, Cummins and Hartmann. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 4 Nays: 0 Abstain: 1 Blesener CONSENT CALENDAR Councilmember Blesener moved adoption of the agenda for the meeting. - Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of the minutes of the December 6th regular meeting with corrections. Councilmember Anderson seconded the motion. Councilmember Cummins moved approval of the minutes of the December 19th regular meeting. Councilmember Hartmann seconded the motion. Councilmember Cummins moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the November 28th and December 26th Planning Commission meetings. b. Acknowledgment of the minutes of the December 12th Park and Recreation Commission meeting. c. Approval of the list of Pledged Securities for 1990. Ayes: 5 Nays: 0 ACTING MAYOR Ayes: 5 Nays: 0 HEALTH OFFICER Ayes: 5 Nays: 0 OFFICIAL NEWSPAPER Ayes: 5 Nays: 0 Page No. 2687 January 2, 1990 d. Adoption of Resolution No. 90 -01, "RESOLUTION ESTABLISHING 1990 CITY DEPOSITORIES OF FUNDS." e. Adoption of the 1990 Budget. f. Authorization for execution of an "Agreement for Miscellaneous Construction between the County of Dakota and the City of Mendota Heights for Ruby Drive Outfall Project (No. 63 -10)" by the Mayor and City Clerk. g. Approval of an extension of the Norbert Krebsbach front yard setback variance (Planning Case No. CAO 86 -05) to August 5, 1990. h. Approval of the list of contractor licenses dated January 2, 1990 and attached hereto i. Approval of the List of Claims dated January 2, 1990 and totalling $199,569.78. Councilmember Blesener seconded the motion. Councilmember Cummins moved that Councilmember Hartmann be appointed Acting Mayor for 1990. Councilmember Anderson seconded the motion. Councilmember Hartmann moved that Dr. Thaddeus Chao be appointed as the City Health Officer for 1990. Councilmember Blesener seconded the motion. Council acknowledges letters from the Minnesota Suburban Newspapers (Sun- Current) and Lillie Suburban Newspapers (South -West Review) requesting designation as the City's official newspaper for 1990. After brief discussion, Councilmember Anderson moved that the Sun- Current be designated as the official City newspaper for 1990. Councilmember Hartmann seconded the motion. CASE 89 -49, SPANJERS Ayes: 5 Nays: 0 Page No. 2688 January 2, 1990 Mr. George Spanjers was present to request approval of a wetlands permit for Mr. John Spanjers to allow construction of garage, kitchen and deck addition to the existing home 58 feet from the wetlands area at 1824 Valley Curve. Mr. Spanjers explained that the proposed construction is at the southwest side of the existing house and will not be closer to the creek than the house. Councilmember Cummins moved to waive the public hearing and to grant a wetlands permit to allow construction of the proposed garage, kitchen and deck addition at 1824 Valley Curve fifty -eight feet from the wetlands area, consistent with the plans submitted to the City. Councilmember Blesener seconded the motion. CASE NO. 89 -45, BIRCH Mr. Brian Birch was present to request approval of a parcel of land located at the southeast corner of Freeway Road and Dodd Road. Mr. Birch stated that the purpose of the subdivision is to allow him and Dr. Tom Koepke to exchange two triangular parcels of property, so that Dr. Koepke can apply for an addition to his animal hospital and to improve the shape of the remaining Birch property. Mayor Mertensotto pointed out that although the planning application listed rezoning as a consideration, the matter before Council this evening is only consideration of the subdivision of the property and a rear yard setback variance for the animal hospital. Dr. Tom Koepke, present for the discussion, stated that he understands that if the subdivision is approved he will be purchasing property from Mr. Birch with no stipulation as to rezoning. Mr. Birch explained that his property has 275 feet of frontage and 440 feet of depth along Freeway Road. If the subdivision is approved, the property he retains will have 110 feet of frontage, and a fifteen foot variance to the rear yard setback for the existing animal hospital would also be necessary. He submitted copies of a site drawing showing contours. Page No. 2689 January 2, 1990 Mayor Mertensotto pointed out that the Planning Commission recommendation for preliminary plat approval was subject to several conditions, including a plan showing proper drainage contours, certificate of survey prepared by a registered surveyor which will result in a legal description incorporating the property proposed to be purchased by Dr. Koepke into his existing parcel and incorporating the triangular Koepke property proposed to be transferred to Mr. Birch into the legal description for the remaining Birch property. Mr. Birch responded that he is submitting the contour map this evening in response to the Planning Commission's condition and that he has hired the McLagan firm to prepare a survey. With respect to the drainage contours, Mr. Birch stated that the elevations of Freeway and Dodd are higher than his property and he does not see any drainage problem, but the question is with respect to the wetland he proposes to create on his property. He informed Council that the staff has suggested that a culvert should be installed across Freeway Road and that Mr. Birch should pay for it. He felt however, that the City should support the cost since the City built the cuts and slopes on his property when Freeway Road was constructed. Dr. Koepke informed the Council that he would like the culvert to be installed under Freeway Road because he is concerned over the impact of a storm such as the one which occurred in 1987. He stated that he believes the culvert would be beneficial to his property if he is allowed to complete additional development and that he will cover the costs involved. Mayor Mertensotto emphasized that the total Birch and Koepke properties should be platted as two lots: the replatting of each of the individual parcels into one plat consisting of two lots. Councilmember Anderson moved approval of the preliminary plat as set forth in the plan dated November 28, 1989, along with a fifteen foot rear yard variance for the existing animal hospital, the preliminary plat approval being subject to the following conditions: that the final plat be an official survey as Ayes: 5 Nays: 0 PERSONNEL Ayes: 5 Nays: 0 CABLE TELEVISION Page No. 2690 January 2, 1990 required by ordinance; that the final survey show Dr. Koepke's new lot as one lot with its correct legal description; that the final survey Mr. Birch's remaining land to be one lot with a correct legal description; that a proper drainage plan be submitted with the final plans, showing the contours so that Council can properly address the drainage. Councilmember Hartmann seconded the motion. Dr. Koepke stated that he understands fully that the approvals granted in the motion relate only to the subdivision and variance and that there is no implication from this action as to the Council's position with respect to future development of the property he plans to purchase from Mr. Birch. Mr. Birch asked what the City's plan is for use of City property adjacent to his land when Mn/DOT releases the right-of-way for T.H.149. He stated that the City property is currently being used for a dumping site for concrete, etc. Mayor Mertensotto stated that some thought has been given to City acquisition of the right- of-way and use it as a ballfield site, but that there are no current City plans for City acquisition or development of the land. Council acknowledged a report and recommendation from Public Works Director Danielson with respect to personnel changes in the Public Works Department. Councilmember Hartmann moved to authorize the following changes within the Public Works Department effective January 3, 1990: Len Kanitz, Road and Bridge Leadman, is appointed to the Mechanic position; Dave Sorby , Road and Bridge Maintenanceman is appointed to the Road and Bridge Leadman position; Fred Pfeifer, Mechanic, is appointed to a Road and Bridge Maintenance position. Councilmember Cummins seconded the motion. Council acknowledged a memo from Public Works Director Danielson regarding appointment of a Councilmember to serve as the Council representative on NDC4. Ayes: 5 Nays: 0 STREET LIGHT Ayes: 5 Nays: 0 AIR NOISE Ayes: 5 Nays: 0 COUNCIL COMMENTS Page No. 2691 January 2, 1990 Councilmember Cummins moved to appoint Councilmember Hartmann as the City's representative to the Northern Dakota County Cable Communications Commission. Councilmember Anderson seconded the motion. Council acknowledged and discussed a request from Mendakota Country Club for installation of a street light at the intersection of Mendakota Drive and Dodd Road. After discussion, Councilmember Hartmann moved to implement the Mendakota Country Club request and authorize staff to order Northern States Power Company to install the requested street light at the intersection of Dodd Road and Mendakota Drive. Councilmember Anderson seconded the motion. Council acknowledged a memo from Public Works Director Danielson with respect to two air noise issues: a memo from Eagan Administrative Assistant Jon Hohenstein to the MASAC, and the location of noise monitors in the City. Council was informed that the City's air noise consultant, Dr. David Braslau, is preparing a response to the Hohenstein memo for submission at the January 23rd MASAC meeting. A draft of the response will be available for Council review on January 16th. With respect to location of noise monitors, Councilmember Cummins moved to endorse the staff recommendation for placement of two permanent air noise monitors to be located in the Furlong Addition and southern Friendly Hills, and six temporary monitors to be located in the following neighborhoods: Curley Addition, Friendly Hills, Freeway Addition, Crown Point, Kopp-Gearman, and Tilsen. Councilmember Blesener seconded the motion. ( Councilmember Cummins informed Council that he will not be present for the January 16th ' meeting. ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2692 January 2, 1990 There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to a closed session for discussion on labor negotiations. Councilmember Anderson seconded the motion. TIME OF ADJOURNMENT: 8:23 o'clock P.M. Charles E. Mertensotto Mayor 1thl;r: een M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON JANUARY 2, 1990 Blacktop Licenses Daily & Son Blacktopping General Contractors Licenses Advance Construction Alside Builders American Remodeling, Inc. Automatic Garage Door Company Automatic Sprinkler Befort Roofing, Inc. Berwald Roofing Best Built Garage Builders, Inc. Boschee Homes Carl Bolander & Sons Company Carlson Automatic Fire Protection Centex Homes Centraire, Inc. Charles Zwinger D.A. Smith Builders, Inc. Dakota Fence of MN, Inc. Determan Welding & Tank Service, Inc. Dundee Nursery & Landscape Co. Earthwood Builders, Inc. Fireside Corner, Inc. Handyman USA Harvey Homes Heat-N-Glo J.A. Development, Inc. J.D.N. Builders, Inc. J & L Schwieters Construction, Inc. JHL Construction Joseph M. Miller Construction Co., Inc. KMH Erectors, Inc. K & P Drywall Kelleher Construction Knight & Sons Construction Co. Kurth Construction, Inc. Linvill Associates Marvin Anderson Construction McDonald Homes, Inc. McPhillips Brothers Mendota Heights Landscape Metropolitan Fireplaces, Inc. Midwest Fireplace Co. Mike Boettcher Construction Monty Girard Homes Nick Heinen Construction, Inc. Nilles Builders, Inc. Olsen Fire Protection, Inc. Ozmun-Pederson Gas Piping Licenses A. Binder & Son, Inc. All Season Comfort, Inc. Controlled Air Dakota Plumbing & Htg., Inc. Earl Arneson, Jr. Fred Vogt & Company Harris Mechanical, Inc. Hinding Heating & Air Cond., Inc. J.K. Heating Company Metropolitan Mechanical Cont., Inc. Minnegasco, Inc. Northeast Sheet Metal, Inc. Northern Air Corp. Red Wing Heating & Air Conditioning Sedgwick Htg. & A/C Co. Smith Heating & A/C, Inc. Standard Heating & A/C, Inc. Thompson Plumbing Valley Aire, Inc. Heating & Air Conditioning Licenses A. Binder & Son, Inc. Air Conditioning Associates, Inc. All Season Comfort, Inc. Allen Mechanical Controlled Air Earl Arneson, Jr. Fred Vogt & Company Harris Mechanical, Inc. Hinding Heating & Air Cond., Inc. J.K. Heating Company Metropolitan Mechanical Cont., Inc. Minnegasco, Inc. O'Keefe Mechanical, Inc. Red Wing Heating & Air Conditioning Ron's Mechanical, Inc. Sedgwick Heating & A/C Co. Smith Heating & A/C, Inc. Standard Heating & A/C, Inc. Valley Aire, Inc. Rubbish Licenses A.A. Rubbish Service & Recycling, Inc. Action Disposal-BFI BFI/Woodlake Sanitary Service Ken Oehrlein Krupenny & Sons Disposal Service Metro Refuse, Inc. Triangle Services