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1986-04-15 Council minutesPursuant to due call City of Mendota Heigh Plaza Drive, Mendota Mayor Lockwood called members were present: and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 Page No. 2488 April 15, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 15, 1986 and notice thereof, the regular meeting of the City Council, ts, was held at 7:30 o'clock P.M. at City Hall, 750 South Heights, Minnesota. the meeting to order at 7:30 o'clock P.M. The following Mayor Lockwood, Councilmembers Blesener, Cummins, Hartmann, Councilmember Blesener moved adoption of the agenda for the meeting including additional items contained in the add-on agenda. Councilmember Cummins seconded the motion. APPROVAL OF MINUTES Councilmember Hartmann moved approval of the minutes of the April 1st meeting. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the minutes of the Special April 5th meeting. Councilmember Witt seconded the motion. Mayor Lockwood 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. Acknowledgement of the Fire Department monthly report for March. b. Acknowledgement of the Treasurer's report for March. c. Acknowledgement of a letter from Mn/DOT on a Joint Resolution regarding improvements to TH 13. d. Approval of CAO 86-01, for John Clemency, granting approval of his site plan for Lot 2, Block 1, Valley View Oak, approving issuance of the building permit and waiving the $100 CAO application fee. e. Approval of the List of Claims dated April 15, 1986, and totalling $89,678.54. f. Approval of the list of licenses, granting licenses to: Ayes: 5 Nays: 0 PUBLIC COMMENTS POLICE OFFICER Ayes: 5 Nays: 0 Page No. 2489 April 15, 1986 DayCo Concrete Co. A & B Cement Aspen Excavating, Inc. T.A. Schmidt & Sons Excavating, Inc. Reisinger Excavating, Inc. A. Kamish and Sons, Inc. Able Fence, Inc. FredricksonHeating & A/C, Inc. Earl Arneson, Jr. Heating & A/C Basic Builders, Inc. Mark Johnson Construction, Inc. Twin City Concrete Systems, Inc. Kee Construction, Inc. Johnson Eng. & Construction Co. K.W. Arms Construction Nick Heinen Construction Co. All-Rite Building Fredrickson Heating & A/C, Inc. Air Comfort, Inc. Councilmember Hartmann seconded the motion. Concrete License Concrete License Excavating License Excavating License Excavating License Excavating License Fence License Gas Piping License Gas Piping License General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor Heating & A/C Heating & A/C A resident from the Hiawatha/Chippewa Avenue area expressed con- cern over the length of time an open hole on Chippewa has remained open, without benefit of a snow fence around it to protect persons from falling into it. He was advised that there will be a home placed there in the near future. His concern was that there are road restrictions on Delaware Avenue, from where the home is to be moved from, and those restrictions probably won't be removed until around May 15, and the hole will remain as is for another 30 days. He felt the City should do something, such as citing the owner of the property for maintaining a public nuisance. Chief Dennis Delmont was present to request probationary appointment of a new patrol officer. He introduced Mr. Jeffrey Piotraschke, a 4 year veteran of the Spring Lake Park Police Department, and recommended he be given probationary appointment to the Mendota Heights Police Department. Councilmember Cummins asked if it would be appropriate for a civilian to sit in on the Oral Board during the examination process. Chief Delmont felt it would be appropriate, and if Council is interested, he will probably ask if a member would like to be part of the Oral Board. Mayor Lockwood moved approval of a 12 month probationary period for Jeffrey Piotraschke as a member of the Mendota Heights Police Department, effective May 1, 1986. Councilmember Hartmann seconded the motion. COPPERFIELD BID AWARD Ayes: 5 Nays: 0 Page No. 2490 April 15, 1986 Councilmember Hartmann moved adoption of Resolution No. 86-28, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE COPPERFIELD SUBDIVISION (IMPROVEMENT NO. 85, PROJECT NO. 4)", awarding the bid to Orfei and Sons, Inc., for their low bid of $362,066.15 Councilmember Witt seconded the motion. TAX INCREMENT Mayor Lockwood opened the meeting for the purpose of a public DISTRICT AMENDMENT hearing to consider an amendment to the Tax Increment District. HEARING Treasurer Larry Shaughnessy noted that the Tax Increment District was approved on May 5, 1981, and the City has five years in which to amend the District. He noted that two of the original parcels of land in the TID have been removed, due to replatting by United Properties. Staff has selected three sites on the southeast corner of Lexington and TH 110 to add to the TID. These sites include the gas station, a convenience store and a furniture building/storage barn. The two parcels removed from the district totalled 4.2 acres, and the three acres proposed for inclusion total 3.8 acres. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mayor Lockwood asked for questions and comments from, the audience. Mr. John Houchens indicated that he had a difficult time hearing the proceedings and suggested that a sound system should be installed. Mr. James Losleben, 815 Hazel Court, asked if the Mendota Plaza Shopping Center is included in the TID. Treasurer Shaughnessy indicated that it is not included in TID No. 1, but that if a new TID were created, it could be_included in TID No. 2. Mr. Timothy Curley, asked if the decision the City Council makes is reversible. Mayor Lockwood responded that anything the City Council does, they can undo. There being no further questions or comments from the audience, Councilmember Cummins moved that the hearing be closed at 8:05 P.M. Councilmember Hartmann seconded the motion. Councilmember Blesener moved adoption of Resolution No. 86-29, "RESOLUTION APPROVING THE MODIFICATION OF TAX INCREMENT REDEV- ELOPMENT DISTRICT NO. 1 AND AMENDMENT OF THE TAX INCREMENT FINANCING PLAN RELATING THERETO," adding the three parcels to Tax Increment District No. 1. Councilmember Witt seconded the motion. Page No. 2491 April 15, 1986 ST. PAUL'S UNITED Mayor Lockwood opened the meeting for the purpose of a public METHODIST CHURCH hearing to consider proposed public improvements to serve St. IMPROVEMENT HEARING Paul's United Methodist Church, to be located on the east side of Dodd Road, approximately one-half mile north of TH 110. Public Works Director Danielson explained the project, noting that staff recommended that the street be constructed along the Church's north property line, which is shared by Mr. and Mrs. John Houchens, 1870 Dodd Road. He noted that the Houchens are opposed to being assessed for the cost of running a public street along their property, when they don't want the street placed there. They would prefer to see the street placed along the Church's south property line. Mr. Houchens stated that he does not feel his property will benefit from the street if placed along his property line, and noted that he and his wife have always planned to serve their property by a road constructed between them and the Anderson property to the north. Mr. Danielson stated that the estimated cost of the project is $122,000, excluding costs for right-of-way. With right-of-way costs, the project is estimated to cost $188,000. Mayor Lockwood asked for questions and comments from the audience. Mr. John Houchens, 1870 Dodd Road, said that he felt the street should be constructed along the Church's south property line. His wife added that they have paid taxes in Mendota Heights for 35 years, and now they are being asked to pay $98,000 in assessments for a street that they don't want. Mr. William Gydesen, a church member, noted that it would be a real hardship on the Church if the street location were to be changed now. He said that groundbreaking ceremonies are scheduled for April 20. He noted that originally all they wanted was a driveway to serve the Church, but that after meeting with Planner Dahlgren, a street on the north side of the property was suggested. Mr. Kenneth Knowlton, Co-Chairman of the Church Building Committee noted that at the January Planning Commission meeting, the residents attended and expressed their concerns. He also stated that the Commission continued the public hearing to allow continued discussion in February. Mr. Glenn Anderson, 1860 Dodd Road, noted that he was at the Commission meeting and he was told that the architect would contact the Houchens to explain their proposal. After further discussion, the Council noted that the assess- ments could be deferred until such time as the Houchens property is sold. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2492 April 15, 1986 There being no further questions or comments from the audience, Councilmember Cummins moved to close the public hearing at 8:58 P.M. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 86-30, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE ST. PAUL'S UNITED METHODIST CHURCH AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT N0. 2)." Councilmember Cummins seconded the motion. Councilmember Witt felt it was unfortunate that the Houchens were not informed of the proposal from the start, and the rest of the Councilmembers concurred, as they noted that approval was given to allow construction of the proposed street on the Church's north property line, as recommended by staff. TH 149 IMPROVEMENTS Ms. Maureen Jensen, Mn/DOT Project Manager for TH 149 improvements, was present to advise the Council that Mn/DOT will be seeking applicants for .a Task Force to study the feasibility of proposed improvements to TH 149 from Marie Avenue to Mendota Heights Road. Mn/DOT will use the Task Force to keep the residents informed of their decisions and the Task Force will act as an advisor to Mn/DOT. She thought members could consist of a Planning Commissioner, Parks Commissioner, a'.commercial business owner, and any interested resident. She also noted renewed interest in building TH 149 on the new corridor, which could take a long time if an Environmental Impact Statement is required. A tentative date of May 8th has been set for the first meeting to gather information and to set up a Task Force, and Mn/DOT will prepare press releases for this meeting. EVERGREEN KNOLLS 2ND ADDITION, FINAL PLAT Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mayor Lockwood thanked Ms. Jensen for attending and informing the Council of Mn/DOT's plans. Mr. and Mrs. James Gryc, developers of Evergreen Knolls 2nd Addition, were present to request final plat approval. CouncilMember Blesener moved.adoption of Resolution No. 86-31, "RESOLUTION APPROVING FINAL PLAT FOR EVERGREEN KNOLLS 2ND ADDITION". Councilmember Witt seconded the motion. Councilmember Witt moved adoption of Resolution No. 86-32, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR EVERGREEN KNOLLS 2ND ADDITION." Councilmember Hartmann seconded the motion. NORTH END STREETS Ayes: 5 Nays: 0 SOUTHEAST AREA COMPREHENSIVE PLAN AMENDMENT Page No. 2493 April 15, 19.85 The Council acknowledged a memo from Public Works Director Danielson, noting the problems with receiving M.S.A. funding for Chippewa Avenue, due to the speed limits on two curves on Chippewa. Public Works Director Danielson suggested redesigning the curves to be closer to the 30 m.p.h. minimum that Mn/DOT requires, and resubmitting a new variance request in order to receive funding for the proposed improvements in the north end. Mr. William Ringhand, 1040 Chippewa, asked why a 90° angle turn couldn't be constructed. Mr. Dennis Steele, 911 Chippewa, noted that for the past three years, the watermain on Chippewa has broken and asked why repairs weren't made until July. He also noted that he lives on a corner lot and asked if he would be assessed for both streets. Public Works Director Danielson advised Mr. Steele that he will be assessed the full length on the shortest street side, and one-quarter of the assessment on the long street side. Councilmember Cummins moved adoption of Resolution No. 86-33, "RESOLUTION REQUESTING A VARIANCE TO THE M.S.A. STANDARDS FOR CHIPPEWA AVENUE (T.H. 149, DODD ROAD TO T.H. 13, ANNAPOLIS M.S.A. PROJECT NO. 140-108-01 (IMPROVEMENT NO. 79, PROJECT NO. 3)." Councilmember Hartmann seconded the motion. The Council acknowledged a memo from City Administrator Frazell regarding the Southeast Area Comprehensive Plan amendment and Administrator Frazell gave a brief presentation of what has taken place in recent meetings with members of the Metropolitan Council. He noted that three issues seem to be apparent: 1. Where exactly should the noise zones lines be drawn. 2. How should the City insure that structures within the noise zones achieve the specified levels of interior noise reduction. 3. How can it be ensured that people moving intothehoise zones are "forewarned" of the noise impact. Administrator Frazell advised the Council that it was the City's belief that the noise zones should be separated, perhaps along Mendota Heights Road, but that Metropolitan Council staff feels that would be too drastic. After further discussion, Mayor Lockwood moved to direct staff to send a letter to the Metropolitan Council advising them that the City asked them tbtakeno action on the Comprehensive Plan amendment until the Metropolitan Council Prepared a model ordinance an&notification prograin that the City will be able to agree to. Councilmember Cummins_seconded the motion. Ayes: 5 Nays: 0 COMPUTER SYSTEM ACQUISITION Ayes: 5 Nays: 0 MISCELLANEOUS STREET NAME CHANGE ORDINANCE Ayes: 5 Nays: 0 Page No. 2494 April 15, 1986 Mr. William King, 2365 Delaware Avenue, wondered why, if these Guidelines have been in force since 1983, the City is just now discussing the various noise zones. He noted that he has had two buyers for his property, and no one seems to know what kind of homes they can build. He felt people are tired of waiting for answers. Mr. James Losleben, 815 Hazel Court, said Mr. King has had to wait too long already to sell his land and have it developed. He suggested the City should get into buying property. Mr. Michael Thompson, of Condor Corporation, expressed concern with development of land south of Mendota Heights Road. He noted that Condor Corporation/Mr. Riley would have no problem meeting noise attenuation levels or with noise notification procedures. The Council acknowledged a memo from City Clerk Swanson relative to purchase of a computer system with hardware and software. After discussion, Councilmember Cummins moved to authorize the purchase of a computer system with a maximum cost of up to $33,700. Councilmember Blesener seconded the motion. Staff was directed to send letters to legislators and Governor Perpich thanking them for their recent work on the State's budget problems, and also thanking the appropriate legis- lators for the work they did on the special service district legislation for Mendota Heights. Based on favorable action taken by the Council on April 1, 1986, regarding changing the names of two streets in the Industrial Park, Councilmember Witt moved adoption of Ordinance No. 225, "AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME OF "TRANSPORT DRIVE" TO "ENTERPRISE DRIVE" AND "CARRIER DRIVE" TO "EXECUTIVE DRIVE". Councilmember Hartmann seconded the motion. PUBLIC WORKS PURCHASE The Council acknowledged a memo from Public Works Superintendent Tom Olund, requesting approval to purchase a Toro Gas Grounds- master 72 mower. Councilmember Hartmann moved to award a purchase order to Langula Hardware to purchase the equipment as requested, for a low bid of $13,774.95. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS MISCELLANEOUS COUNCIL COMMENTS ADJOURN Ayes: 5 Nays: 0 Page No. 2495 April 15,,, 1986 The Council received and acknowledged a request from Mr. Robert Tousignant, requesting the Council to reopen the subject of the assessment for Mendota Heights Road sewer project, and to notify all affected property owners prior to reopening the subject. It was the concensus of the Council that this matter should not be reopened, and that staff should send a letter to Mr. Tousignant explaining the process for assessing St. Thomas Academy property. The Council acknowledged a memo from City Administrator Frazell concerning the Rosemount Car Distribution Center. No action was taken. Public Works Director Danielson reported verbally on the condition of the manholes on Winston Court, especially near London Road, and advised that the Public Works department will make the necessary repairs. The Council acknowledged a memo from Code Enforcement Officer Berg relative to the house moving problem and the open hole on Chippewa Avenue. Council felt that the owner should be double-fee'd for proceeding without benefit of a permit, and that the fencing should be corrected without any further delay. Councilmember Witt asked if Texaco has approval to sell coffee, rolls, pop, car products, etc, and wondered if they needed a conditional use permit to allow such sales. Councilmember Blesener noted that the addition to the Park Plan looked to be about $100,000 higher than what she had remembered it to be. Councilmember Hartmann expressed concern again for the lack of fencing on the excavated hole on Chippewa. Councilmember Blesener suggested the City consider the use of an overhead projector for viewing small items at Council meetings. There being no further business to come before the Council, Mayor Lockwood moved that the meeting be adjourned to a closed session to discuss the Kirchner property on Dodd Road. Councilmember Blesener seconded the motion. TIME OF ADJOURNMENT: 10:55 o'clock P.M. Mary in DeLaRosa, Deputy Clerk ATTEST: Robert G. G. Lockwood, Mayor