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1984-02-07 Council minutes) Page No. 1961 February 7, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA 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. in City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Losleben, Mertensotto and Witt. APPROVAL OF MINUTES Councilman Hartmann moved approval of the January 17th meeting. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Losleben Councilman Mertensotto moved approval of the minutes of the January 24th meeting. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 Abstain: 2, Lockwood, Losleben Mayor Lockwood moved approval of the minutes of the January 31st meeting. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 CONSENT Councilman Hartmann moved approval of the Consent Calendar as CALENDAR submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. 1. Approval of the renewal of the home beauty shop license for Elizabeth Mulcahy, 670 - 2nd Avenue. 2. Acknowledgement of a memo from Police Chief Delmont on the Neighborhood Crime Watch program. 3. Acknowledgement of the Code Enforcement monthly report for January. 4. Acknowledgement of the minutes of the January 10th Park and Recreation Commission meeting. 5. Acknowledgement of a letter from Mn/DOT regarding the TH 149/ 1-494 interchange. 6. Approval of the List of Licenses, granting licenses to the following: A-abc Appliance Heating Heating & Air Condt. Bjorklund Construction Co., Inc. General Contractor Ayes: 5 Nays: 0 HEARING - CASE # 83-34, CALLAHAN Page No. 1962 February 7, 1984 Bostrom Sheet Metal Works E.L. Bulach Construction Co., Inc. Carlson Sewer Company, Inc. Construction Systems, Inc. H.W. Cook and Sons Determan Welding & Tank Service E & H Earth Movers, Inc. Equipment Supply, Inc. Thomas Finn Co. Patrick M. Gagnon, Inc. Gas Supply, Inc. Dennis Greger Construction Hayes Concrete Hayes Contractors, Inc. Hubbell Excavating McDonald Homes Nordquist Sign Company Palmer Service Electric Palmer Service Electric Pine Bend Paving, Inc. Rauchwarter, Inc. St. Paul Utilities, Inc. Timberline Builders, Inc. Twin City Furnace Co. Twin City Furnace Co. Welsh Construction Corporation Wenzel Plumbing & Heating, Inc. Heating & Air Condt. Masonry Excavating General Contractor Masonry General Contractor Excavating Heating & Air Condt. General Contractor General Contractor General Contractor General Contractor Masonry General Contractor Excavating General Contractor Sign Erecting Heating & Air Condt. Gas Piping Asphaltic /Concrete Excavating Excavating General Contractor Heating & Air Condt. Gas Piping General Contractor Excavating 7. Approval of the issuance of Cigarette licenses to the Employees Party Club and Par 3 Golf, Inc. 8. Approval of the issuance of Rubbish haulers licenses to Ben Oehrlein and Sons and Daughter and Remackel Trucking. 9. Approval of the List of Claims dated February 7, 1984 and totalling $222,041.32. Councilwoman Witt seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application for wetlands and conditional use permits for Lot 2 Willow Spring Addition. Mr. John Callahan and his legal representative, Arnold Kempe, were present for the discussion. Mr. Kempe stated that the property is located at the northeast corner of Dodd Road and Marie Avenue and contains 442 feet of frontage along Marie Avenue. He indicated that the applicant has petitioned for public improvements for the realignment of the creek located on the property, and described the proposed realignment in accordance with the drawing contained in the feasibility study prepared by the City Engineer. He indicated that the applicant is planning on applying for subdivision of the parcel in the near future, and will propose to divide the total parcel into three lots. He indicated that the proposal for develop- Page No. 1963 February 7, 1984 ment of the site would require variances to allow one structure to be placed 40 feet from the front property line and the remaining two structures would be located 30 feet from the front property line. He stated that while the subdivision and variance requests will be submitted in the future, the applicant is currently asking only for Council approval to fill the front portion of the property, leaving filling of the rear part of the property to future buyers. He stated that it is proposed to raise the elevation of the front yards to slightly above the street grade. Councilwoman Witt expressed concern over the proposed setbacks in relationship to properties east of the subject site and also concern that approval of filling permits might result in problems similar to those the City has experienced with the Krajniak property. Mr. Kempe stated that the applicant would enter into a developer's agreement with the City if the wetlands and filling permits are approved, and pointed out that there is a vacant lot between the subject property and the next developed property and that the setback for that vacant lot has been established at 50 feet in the past. He stated that since the lots will all be greater than minimum width, he did not believe that the stepping down in setback would be as noticeable to the lots which are already developed. Public Works Director Danielson responded to Councilman Losleben's concern over potential for flooding at the intersection. Mayor Lockwood asked for questions and comments from the audience. Mr. Larry Goff, 675 W. Marie Avenue, stated that when he built his home, he was told that the lot next to him would have a 50 foot front yard setback and that that setback would be the minimum for the properties west of him. He also stated that in the spring the creek runs over its bank on his property and the vacant lots, and that the water level is at least three feet deep, washing away his stone retaining wall each year. He felt that if the creek is realigned, his property will receive more water and the vacant lot next to him will become a holding pond. Public Works Director Danielson stated that the feasibility study prepared in response to the applicant's petition addressed improvements only on the applicant's property. He noted that when all of the vacant properties are developed it might become necessary to consider drainage improvements in the area of the Dodd Road/Marie Avenue inter- section. Mrs. David Bisciglia, 663 W. Marie Avenue, stated that Mr. Callahan is talking about the potential for three homes on the property and that all of the other lots in the area have one home on one acre lots. She stated that her home is setback 80 feet. She felt that if the property is developed into three lots with the proposed setbacks, her property will be devalued. She felt that division of the property into three lots would not fit in an area of much larger lots. She suggested that the Council should address the subdivision issue before it addresses realignment of the creek. Mr. Bob Gangl, 710 W. Marie Avenue, asked what will happen to the Page No. 1964 February 7, 1984 rear of the property in the future if the applicant is allowed to fill only the front half of the property. He felt that filling should be completed according to the engineering drawing for the entire property, not just the front part. Councilwoman Witt asked that staff research information on the width of Marie Avenue. Councilman Mertensotto pointed out that the filling permit has not been addressed in the staff reports and that the filling permit area must be established before Council action. Mr. Kempe stated that it seemed to be more desireable to request permission for filling the front part of the property at this time and leave rear yard filling to people building homes on the property in the future. He indicated that the applicant would agree to having the filling completed in accordance with Scheme 2 of the feasibility study. After further discussion, Councilman Mertensotto moved to continue the public hearing to March 6th and to direct the City Engineer to provide a staff report addressing a conditional use permit for fill and potential drainage problems, including review of the Surface Water Management Study. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 EAGAN RACING Mr. Carl Cummins, 2212 Nashua Lane, representing the Friendly Hills FACILITY Civic Association, presented the Council with a petition in opposition to the proposed Eagan racetrack facility. He stated that since the last Council discussion on the matter, a number of new developments have occurred, including submission of a letter from Councilman Losleben to the Council on the matter. In response to Mr. Cumming' request, Mayor Lockwood read Councilman Losleben's letter for the audience. Mr. Cummins stated that he understood that all requests for facility siting must be submitted to the Racing Commission by March 1st, public hearings must be conducted between March 13th and 16th, and that March 28th is the date for site selection by the Commission. He suggested that the timetable allows inadequate time for preparation of private legal challenges. Mr. Cuumdns read the petition for the Council and audience, stating also that the document contains 547 signatures and that his group will continue to circulate the petition throughout the community. Mr. Cummins also asked that Councilwoman Witt withdraw fron Council discussion on the issue because of her staff position in the City of Eagan. Mayor Lockwood introduced City Administrator Frazell to the audience. Administrator Frazell informed the audience that on February 6th he had received a response from the City of Eagan to the Council's letter on issues of concerns on the racing facility. Administrator Frazell gave a synopsis of the letter and read portions of the responses on the nine issues of concern. He also stated that Eagan Administrator Hedges has informed him that the draft EIS is being Page No. 1965 February 7, 1984 reviewed and that the Eagan Council will condikct a public hearing on March 8th, with a deadline of March 22nd for written responses, during which time anyone may make comment. He indicated that the Eagan officials have offered to make a public presentation to the Mendota Heights City Council and residents during the week of March 5th. The Council acknowledged letters from Mr. Thomas Mairs, 1707 Delaware Avenue, and the Inver Grove Heights Development Association, regarding the proposed racetrack. Councilman Mertensotto noted that the petition contains the signatures of over 500 people residing south of TH 110 who oppose the proposal. He felt that the Council should take action to show the residents it does not support the racetrack proposal. He felt that the Council must represent the residents and advise Eagan that it does not support the location of the proposed facility. Councilman Losleben stated that he felt that the Council should not only oppose the racetrack proposal, but that it should also suggest types of uses the Council would like to see for the site. Numerous members of the audience expressed a desire for a presentation offered by the City of Eagan. Staff was directed to make arrangements with the Eagan officials, to recommend a date to the Council and to arrange to use the Somerset School gymnasium for the meeting. Mayor Lockwood stated that a date and time will be established at the Feb- ruary 21st meeting and that representatives of the Friendly Hills Civic Association will be notified of the details. Councilman Mertensotto moved to notify the City of Eagan, the Minn- esota Racing Commission and the Metropolitan Council that the City Council, in support of the majority of the residents living south of TH 110, east of Lexington Avenue, in opposition to the location of a racing facility at the proposed Eagan site, cannot support the location of a racing facility in Section 1 of the City of Eagan. Councilman Losleben seconded the motion. Ayes: 3 Nays: 1, Hartmann Abstain: 1, Witt RECESS Mayor Lockwood called a recess at 9:12 P.M. The meeting was reconvened at 9:33 P.M. COMMISSION The Council acknowledged a memo indicating that Kathy Ridder has APPOINTMENTS agreed to appointment to Sandy Butler's unexpired term on the Planning Commission. Mayor Lockwood recommended Mrs. Ridder's appointment. Councilman Mertensotto moved that Mrs. Kathleen Ridder be appointed to the Planning Commission to fill the unexpired term of Sandra Butler. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The Council acknowledged and discussed a memo regarding Councilwoman Witt's request that the Council approve City payment of a portion of CITY HALL LEASE Ayes: 5 Nays: 0 FIRE DEPT. Page No. 1966 February 7, 1984 her cost for attendance at the National League of Cities Congress- ional City Conference. Councilwoman Witt stated that the Conference will be held in Washing- ton, D.C. from March 3rd through the 6th, and that the cost is $215 for registration and $250 for airfare. She stated that the League of Cities will pay $100 of the airfare, and she asked that the Council authorize an expenditure of $365 for the balance of the cost. She stated that the Conference would provide both a learning and lobbying effort. She informed the Council of several of the issues which would be discussed at the Conference. Councilman Losleben felt that the requested money could be better spent on other issues. Councilman Mertensotto felt that the benefit the City would receive from the Conference would be no greater if a Council member attended than it would be given the number of League representatives and representatives from other Cities currently planning to attend. No action was taken on the matter. City Administrator Frazell reviewed a memo from former City Admin- istrator Johnson relative to extension of the lease for City office space in the Dakota County State Bank building. He stated that he and Mr. Johnson had done some comparison shopping and felt that the price quoted, $9.84 per square foot for a three year lease with an additional two year option at $10.09 per square foot, is very com- petitive. He recommended approval of the lease extension. Councilman Losleben moved that the lease with the DCR Corporation for City office, Police and Engineering space be renewed for three years at the rate of $9.84 per square foot. Councilwoman Witt seconded the motion. The Council reviewed and discussed Administrator Frazell's memo on the Fire Chief and Assistant Fire Chief job descriptions. Council- man Mertensotto felt that the stress placed on leadership is fine, however he believes that the Chief must also have technical knowledge, know his equipment and personnel well, and have the ability to act under stress. He expressed concern that the requirement might not be great enough, particularly in terms of rank of service. Administrator Frazell stated that there is no minimum number of years needed in order to comply with the job descriptions. He stated that during preparation of the descriptions he did consider including a specific length of service as one of the requirements, however-, it was decided that it would be best to avoid that issue in order to give the selection committee the freedom to look at all of the criteria. He stated that if length of service was limited to a minimum of five years, it would substantially reduce the number of potential applicants He pointed out that under Applicant Requirements and Evaluation, years of experience and number of runs with the Fire department would be a specific factor to be considered in determining how well a candidate meets the selection criteria. Councilman Mertensotto stated that he can only believe that if five Page No. 1967 February 7, 1984 years is the minimum requirement to make Captain, that should tell the Council something about the selection of Chief and Assistant Chief. After discussion, Councilwoman Witt moved to implement the Admin- istrator's memo relative to Fire Chief and Assistant Chief job descriptions. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 1, Mertensotto TRAFFIC SIGNAL Ayes: 5 Nays: 0 The Council acknowledged and discussed a memo from Public Works Director Danielson recommending adoption of a resolution to authorize an appropriation of $6, 184.69 as the City's participation in the cost for the Delaware Avenue traffic signal upgrading. Councilman Losleben moved the adoption of Resolution No. 84-09, "RESOLUTION AUTHORIZING APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO STATE PROJECT NO. 1918-79 (M.S.A. PROJECT NO. 140-020-02)". Councilman Hartmann seconded the motion. FEASIBILITY The Council acknowledged and discussed a feasibility report on propos- REPORT ed public improvements to serve the Evergreen Knolls Addition. (GRYC) Public Works Director Danielson informed the Council that in addition to a petition from the property developer, Mr. Jim Gryc, petitions have already been submitted by the owners of the Shaughnessy and Hanson properties for the extension of Wachtler Avenue. After discussion, Councilman Losleben moved the adoption of Resolution No. 84-10, "RESOLUTION ACCEPTING ENGINEERS REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENTS TO SERVE EVERGREEN KNOLL (GRYC SUBDIVISION) (IMPROVEMENT NO. 83, PROJECT NO. 4)", calling for a public hearing on March 6th. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 TH 110 TRAFFIC SIGNAL SYSTEM Public Works Director Danielson reviewed his memo relative to par- ticipation in further upgrading of signal lights on TH 110 at the I-35E west ramp and installation of a master controller at the intersection of TH 110 and 149. An additional modification would be the installation of Opticom at Lexington Avenue and at the I-35E east ramp. He stated that proposed cost participation for the master controller and traffic coordination work would be 50% Mn/DOT and 50% Dakota County, and that 50% of the County share for inter- connection of the signal light at Lexington Avenue and construct installation of the master controller at TH 149, would be the cost participation required of the City and would amount to $3,736. Councilmembers expressed their concern that installation of a master controller and inter-connection of the signals would only further accommodate and increase traffic on TH 110 by synchronizing lights. In response to a question from Councilman Hartmann, Public Works Ayes: 5 Nays: 0 MENDOTA HEIGHTS ROAD/TH 149 CONSTRUCTION MEETING RESCHEDULING Ayes: 5 Nays: 0 ORDINANCE AMENDMENT Ayes: 5 Nays: 0 MISCELLANEOUS Page No. 1968 February 7, 1984 Director Danielson confirmed that Opticom can still be installed by Mn/DOT in the future without installation of the master controller. Councilman Losleben moved that the City decline participation in the traffic signal system project. Councilman Mertensotto seconded the motion. The Council acknowledged and discussed a memo from City Engineer Kishel relative to a proposed cooperative construction agreement for construction of approximately 2600 feet of Mendota Heights Road and upgrading TH 149 north of Mendota Heights Road. Public Works Director Danielson explained the proposed agreement for the Council and responded to Council questions regarding street grades, accesses, storm sewer cost participation and other matters. The Council indicated its general agreement with the terms of the construction agreement, however, it was the concensus of the Council that the agreement should include a statement that interest accruing on the advance deposit required of the City as an escrow to cover its share of project costs will be paid to the City after construction. Further discussion on the matter was tabled to the February 21st agenda pending Mn/DOT agreement that the City will get the benefit of interest accruing on the escrow amount. The Council acknowledged a memo from the City Clerk stating that the March 20th meeting must be rescheduled so that it does not conflict with precinct caucuses. After discussion, Mayor Lockwood moved that the March 20th meeting be rescheduled to March 19th, at 7:30 P.M. Councilman Hartmann seconded the motion. Councilman Mertensotto moved the adoption of Ordinance No. 205, "AN ORDINANCE AMENDING ORDINANCE NO. 102," to revise Section No. 4, Order to Business in the Ordinance establishing the rules governing the conduct and procedure of the City Council. Mayor Lockwood seconded the motion. The Council acknowledged a memo from Police Chief Delmont informing the Council that the Vasgka-Goers VFW Club ihiMendota has donated $100 to both the Police and the Fire Departments, and recommending that the Council accept the gift and allow use of the donation to purchase equipment for the officers use. Mayor Lockwood moved that the City Council accept and express its appreciation to the Vasatka-Goers VFW for its donation to the Police and Fire Department and that the donations be used for officer equipment. Ayes: 5 Nays: 0 BOND RESOLUTION Ayes: 5 Nays: 0 FIRE STATION SITE Page No. 1969 February 7, 1984 Councilman Hartmann seconded the motion. Councilwoman Witt moved adoption of Resolution No. 84 -11, "RESOLUTION APPROVING A SUPPLEMENTAL INDENTURE REGARDING THE CITY OF MENDOTA HEIGHTS, MINNESOTA, $11,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOUSING MORTGAGE REVENUE BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) ", dated as of December 1, 1983. Councilman Losleben seconded the motion. City Attorney Winthrop updated the Council on the status of negotiations for the Warnke property. He stated that the property owner has agreed to terms for insurance distribution whereby in the event of damage to property less than 20 %, the proceeds would go toward restoration of the property, however, in the event of total damage, 30% of the proceeds would go to the current property owner along with 18 months of fair rental value, and the balance of the insurance proceeds would accrue to the City. The Council expressed its general agreement with the terms. MISCELLANEOUS Councilman Losleben pointed out that the Fischer's 66 operation was parking numerous cars on the Perkegwin property located across TH 149 from the company. He felt that the City should take some action to resolve the problem. LEGISLATIVE CONFERENCE ADJOURN Ayes: 5 Nays: 0 Staff was directed to send a letter out that the parking of cars on the an Ordinance violation, in terms of zoned property, and that unless the a citation would be issued. to Mr. Harry Kirchner, pointing Perkegwin property constitutes commercial use of residentially vehicles are promptly removed Mayor Lockwood and Councilwoman Witt indicated that they would both be interested in attending the League of Minnesota Cities Legislative Conference. There being no further business to come before the Council, Council- man Losleben moved that the meeting be adjourned. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 10:55 o'clock P.M. K thleen M. Swanson City Clerk Robert G. Lockwood Mayor