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1984-05-01 Council minutesPage No. 2014 May 1, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 1, 1984 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 Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Hartmann, Mertensotto and Witt. ADOPTION OF AGENDA Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilman Hartmann moved the adoption of the amended agenda for the meeting. Councilwoman Blesener seconded the motion. Councilman Hartmann moved approval of the minutes of the April 17th meeting with corrections. Mayor Lockwood seconded the motion. Councilwoman Blesener moved approval of the consent calendar as amended 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 Code Enforcement Officer monthly report for April. b. Acknowledgement of the April 4th NDC -4 minutes. c. Acknowledgement minutes and the d. Approval. of the $101,616.45. e. Approval of the to: of the April 10th Park and Recreation Commission April 24th Planning Commission minutes. List of Claims dated May 1, 1984, and totalling List of Contractor's Licenses, granting licenses Apollo Heating & Ventillation Apollo Heating & Ventillation Berwald Roofing Company, Inc. Churchill's Home Heating/Cooling, Inc. Custom Pool's, Inc. S.J. Dahn Trucking & Excavating Faircon, Inc. Midwestern Mechanical Corp. North Star Services Swanson Plumbing & Heating, Inc. Swanson Plumbing & Heating, Inc. Gas Piping Heating & A/C Roofing Gas Piping Gneral Contractor Excavating Heating & A/C Excavating General Contractor Gas Piping Heating & A/C Page No. 2015 May 1, 1984 f. Acknowledgement of a memo from Police Chief Delmont regarding a beaver problem near Valley Park. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 WILLOW SPRINGS The bid award for Lot 2, Willow Springs Addition, had been tabled ( ) CREEK RELOCATION, from the April 17th meeting, at the property owner's request, to BID AWARD May 1st. Public Works Director Danielson advised the Council that he has received no word from Mr. John Callahan or his attorney, Arnold Kempe, and recommended that the Council table any action on this matter until the May 15th Council meeting. Ayes: 5 Nays: 0 CURLEY ADDITION BIKE TRAIL Councilman Mertensotto moved to table the Willow Springs creek relocation bid award to May 15, 1984. Mayor Lockwood seconded the motion. The Council acknowledged a memo from Public Works Director Danielson relative to a bike trail in Curley's Addition. Mr. Danielson briefly reviewedivhat took place at the April 17th Council meeting regarding this matter. Mrs. Ann Maple, 2166 Timmy Street, property owner abutting the lot proposed for the trail construction, was present noting that she prefers to see the lot improved and considered part of the park system and considered as green space. She expressed concern that if the bike trail is constructed as proposed, that she will be exposed to excess noise and lack of privacy, since the trail will be very close to her bedroom windows. She noted that she would prefer to have the trail constructed down the center of Lot 10, Curley's Addition, rather than have it constructed along the side closest to her lot. Mr. William Goetz, 2154 Theresa Street, asked if the developer of the Curley Addition had contributed any land toward a park contri- bution when he developed the addition. Mrs. Judith Anderson, 1062 Cullen, owner of Lot 11, Curley Addition, expressed concern with the quality of a future home that may possibly be constructed on Lot 10, if the trail were constructed in its proposed location, and the balance of the lot were sold for single family construction. There was general agreement among the Council that a 2,000 square foot minimum size would be required before building approval would be granted. Mr. Vincent Anderson, 1062 Cullen, felt that the cost of the bike trail should not be financed by the sale of the lot and that the trail cost should have been planned for in 1976, when the trail was first considered. Mrs. Anderson asked if the trail could be placed in the center of Lot 10, with the Maple family maintaining the portion of the lot closest to their property and the Anderson family maintaining the opposite side of the trail. CASE #82-18, MN/FSL, VARIANCE Ayes: 5 Nays: 0 Page No. 2016 May 1, 1984 Mr. David Jankowski, 2145 Timmy Street, agreed that the trail should be constructed in the middle of the lot and suggested that costs for maintaining the lot after the plan is established should be determined. After considerable discussion, staff was directed to prepare a report for the Park Commission to receive their input into the matter and to study the feasibility of the homeowners maintaining both sides of the lot along the trail. Mr. Robert McKinstry, from Minnesota Federal, was present to request approval of a variance that had been considered by the Planning Commission in 1982. The variance concerned an eave overhang from a covered porch on Lot 4, Block 4, Delaware Crossing, otherwise known as 682 Ocala Lane. The encroachment was on a part of Lot 5, Block 4, Delaware Crossing, a home owned by Mr. Brent Baskfield. During 1982, Mn/FSL had given Mr. Baskfield an easement agreement, which Mr. Baskfield had executed on March 16, 1984. After a brief discussion, Councilwoman Blesener moved approval of a 7 foot 6 inch variance for the covered porch from the property line and a 21/2 foot variance for the eaves on the covered porch, which extend 3.98 inches over the property line. Councilwoman Witt seconded the motion. CASE #84-01, Mrs. Gertrude Simmons, 987 Chippewa Avenue,desirei to sell the north30 SIMMONS, of Lot 8, Block 3, Guadalupe Heights, to Mr. and Mrs. Chester Boike, SUBDIVISION who own the south 30 feet of Lot 8 and all of Lot 7, Block 3, Guad- alupe Heights. Mrs. Simmons was not able to attend the Council meet- ing and the Boike's were not present either. Public Works Director Danielson explained the request, noting that no new structure would be placed on the site, since one already exists on it, therefore no park contribution will be required. Ayes: 5 Nays: 0 CASE # 84-02, ANDERSON, SUBDIVISION There was a brief discussion over the frontage of Lots 9, 10, 11, 12, and 13, all owned by Mrs. Simmons. Since these are 60 foot lots, the Council was concerned that if, in the future, Mrs. Simmons would sell them, that they would not be considered as individual building lots, since the frontage is substandard size. After further discussion, Mayor Lockwood moved the adoption of ResolUtion No. 84-25, "RESOLUTION APPROVING THE REJOINING OF THE NORTH 30 FEET OF LOT 8, BLOCK 3, GUADALUPE HEIGHTS TO ITS SOUTH 30 FEET", approving the subdivision as requested wida the addition of wording in the Resolution stating that the homeowner is aware of the fact that Lots 9 - 13, as they now exist, do not constitute individual building lots Under the Zoning Ordinance of the City of Mendota Heights. Councilman Hartmann seconded the motion. Mrs. Charlotte Anderson, 645 Ivy Falls Avenue, was present to request approval of a lot split, to sell the westerly 140 feet of Bauer's Acre Lots. This property is located on Ivy Falls Avenue Ayes: 5 Nays: 0 WATER SYSTEM STATUS REPORT Ayes: 5 Nays: 0 Page No. 2017 May 1, 1984 and Sylvandale Road. Mrs. Anderson had signed a drainage easement for a 15 foot by 15 foot parcel in the northwest corner of the lot and Public Works Director Danielson also noted that a creek runs near the north boundary of the lot, and at such time as a building permit is applied for, a wetlands permit will need to be processed. He also pointed out that since a new lot will be created, that a $600 park contribution is required. After discussion, Mayor Lockwood moved the adoption of Resolution No. 84-26, "RESOLUTION APPROVING THE DIVISION OF LOT 1, BAUER'S ACRE LOTS," noting the park contribution requirement in the resolution. Councilwoman Witt seconded the motion. Special Projects Administrator Orvil Johnson reviewed a report for the Council on the status of the water system with St. Paul Water. He noted in his report that at the present time, Mendota Heights does not have a signed agreement with St. Paul Water and that staff has been reviewing the pros and cons of renewing the old agreement versus proposing the establishment of a Mendota Heights Water System. He requeated that Short-Elliott-Hendrickson, Inc., be commissioned to prepare an engineering study of a basic water supply system for the City of Mendota Heights. Several members of the Council felt that this would be the right direct ion and agreed with the thoughts presented. After a brief discussion, Councilman Mertensotto moved that the Mayor and Clerk be authorized to sign the proposal on behalf of the City, to allow SEH to prepare a water system status study, with such cost not to exceed $9,500. Councilman Hartmann seconded the motion. PUBLIC WORKS City Administrator Frazell reviewed the proposed 1984/1985 Public CONTRACT Works labor contract, noting the various changes from the 1983 contract. He noted that the contract called for a 4.7% wage increase in 1984 and a 5% increase in 1985. As part of the discussion, Council- members Hartmann and Mertensotto voiced their objection to the propos- ed temporary amended work schedule of four-9 hour days and one-4 hour day. After discussion, Councilwoman Witt moved approval of the 1984/1985 Public Works labor contract. ( ) Ayes: 3 Councilwoman Blesener seconded the motion. Nays: 2, Mertensotto and Hartmann MISCELLANEOUS The Council acknowledged a memo from City Administrator Frazell relative to endorsement of an independent management study of the Metropolitan Waste Control Commission. Councilman Hartmann moved the adoption of Resolution No. 84-27, "RESOLUTION SUPPORTING INDEPENDENT MANAGEMENT STUDY OF METROPOLITAN WASTE CONTROL COMMISSION." Page No. 2018 May 1, 1984 Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 IVY HILL PLAT The Council acknowledged a memo from Public Works Director Danielson REVISION regarding a plat correction for the Clapp-Thomssen Ivy Hill plat. Councilman Mertensotto moved approval of the Certificate of Correction to Plat. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 PRESSURE REDUCING VALVE Ayes: 5 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of a memo from City Engineer Kishel relative to removal of a pressure reducing valve and appurtenances from the elevated water tower. Councilman Hartmann moved approval of the removal of a pressure reducing valve and appurtenances from the elevated water tower by the St. Paul Water Department, along with the sale of said equip- ment to the Water Department. Councilman Mertensotto seconded the motion. Councilwoman Blesener expressed concern over a truck parked on Marie Avenue with a "for sale" sign on it, and also asked if something could be done with the ventillation in the Council room. Councilwoman Witt advised the Council of an upcoming public hearing for NDC-4 at the West St. Paul City Hall. Councilman Mertensotto noted that he had received complaints about three-wheelers driving on City streets and urged the Police Department to caution the persons riding them about the hazards involved. MISCELLANEOUS City Administrator Frazell advised the Council that the Fire Dept. is planning a burn at 2550 Dodd Road. City Attorney Winthrop advised the Council that the Krajniak case was continued for one more month. Public Works Director Danielson noted that Mendota Heights Road will be overlayed starting May 7th. The Council asked if TH 149 could be kept open longer until Mendota Heights Road work is finished. RECESS The Council took a brief recess and reconvened in the Engineering Conference Room at 9:48 o'clock P.M. FIRE DEPT. City Administrator Frazell advised the Council that the City had DISCUSSION not received a letter of resignation from Fire Chief Noack, and that he had no committment from him as to when the letter might be received. Ayes: 5 Nays: 0 PERSONNEL ADJOURN Ayes: 5 Nays: 0 Page No. 2019 May 1, 1984 Mr. William Lerbs was present for the discussion and asked the Council to appoint him as Assistant Chief now so that he could pick up where Chief Noack is at. Be noted that a new captain would be selected to replace him until fall. After some discussion, Mayor Lockwood moved to immediately appoint Mr. William Lerbs as Assistant Fire Chief, effective May 1, 1984, and that the Council will continue to look toward a change in the Chief's position and to implement the planned change as adopted by the City Council on January 17, 1984, with a target date of September 30, 1984. Councilman Hartmann seconded the motion. The Council met in a closed door session with all Council members present, as well as City Administrator Frazell and former City Administrator Johnson, to discuss an employee disciplinary matter. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Blesener seconded the motion. TIME OF ADJOURNMENT: 10:34 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor