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1980-10-07 Council minutesPage 1354 October 7, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 7, 1980 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 the 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, Council Members Hartmann, Losleben, Mertensotto and Witt. FEASIBILITY HEARING, EAGLE RIDGE DRAINAGE Mayor Lockwood opened the meeting for the purpose of the continuation of the feasibility hearing on proposed drainage improvements to serve the Eagle Ridge area. The Council acknowledged and discussed a memo from the Public Works Director which indicated that the area has not required a significant amount of extra maintenance since the May 6th hearing. Mr. Danielson stated that as the area develops the City should consider a larger storm water project to enhance the outfall area and at that time improve drainage in the Eagle Ridge area. Mayor Lockwood asked for questions and comments from the audience. Mr. Richard Leyh, President of the Eagle Ridge Association, stated that the residents' position is the same in that if storm sewer improvements are determined to be necessary they would not oppose a project. He stated however that with the development which is currently occuring in the area and drainage controls which will be constructed as part of the Eagle Ridge Summit Second Addition construction, the residents feel there should be no problem. He stated that the residents would like to see the development occur and then consider whether surface water controls are necessary. Public •Works Director Danielson stated that development of Summit Second Addition and the proposed Bream condominium will require storm water handling and that the proposed Victoria Townhomes will require other improvements. He noted that this development will increase the outflow and suggested that the . total area should be looked at again once the developments are completed. City Administrator Johnson stated that the developers for the proposed.Bream condominium project have indicated that they will provide for the handling of drainage from the site. The drainage from Eagle Ridge Summit is apparently taken care of, and Mr. Johnson suggested that the Victoria Townhomes development is where a project •should be constructed with the understanding that the City is only going to look at the southern reach of the drainage district. He suggested that it would be appropriatE to order in a drainage improvement project to address the south reach, and if it is determined that a larger outlet must be installed, acknowledgedthat many of the Eagle Ridge residents might have to bear a slight assessment. Ayes: 5 Nays: 0 Page 1355 October 7, 1980 The Council discussed the matter further and acknowledged that a decision need not be made for another month during which time additional study could be made. There being no further questions or comments, Councilman Mertensotto moved that the hearing be closed and that any staff reports embodying recommendations to proceed with an improvement project be submitted to the representatives of the Eagle Ridge Association, Eagle Ridge Summit Association and Eagle Ridge Condominium Association. Councilman Hartmann seconded the motion. The hearing was closed at 7:50 o'clock P.M. CONSENT AGENDA Councilman Mertensotto moved approval of the following consent items: The granting of an 11.5 foot rear yard setback variance at 873 W. Highway 110, subject to Mn/DOT service road entrance permit approval. (Case No. 80-22, Kloos.) The granting of a 61/2 foot rear- yard setback variance at 1152 Sylvandale Road subject to submission and approval of a drainage plan. (Case No. 80-23, Koch.) Accepting Withregret_a7rdsignation from Mrs. Madelyn Shipman from her position on the Planning Commission, and commending Mrs. Shipman for her service on the Commission. Adoption of Resolution No. 80-91A, "RESOLUTION RE-DESIGNATING GLEN HILL ROAD AS GLENHILL ROAD." Appointment of Gordon Skjerven, Michael Coonan and Richard Zwirn to the Volunteer Fire Department. Authorizing ,expenditure of ..$200 to finance the annual Halloween Bonfire. Appointing a list of Judges of Election to serve at the 1980 General and City Election. Adoption of Resolution No. 80-91B, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT (IMPROVEMENT NO. 79, PROJECT NO. 2)," authorizing final payment of $4,636.05 to Orfei and Sons for construction of the Eide Estates improvements. Adoption of Resolution No. 80-91C, "RESOLUTION:-ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 79, PROJECT NO. 4)," authorizing final payment of $500 to Deluxe Construction ftir work completed on the Royal Redeemer sanitary and storm sewer improvement project. Adoption of Resolution No. 80-91D, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT FOR 1980 SEAL COATING," authorizing a final payment of $35,386.11 to Bituminous Roadways. Ayes: 5 Nays: 0 ACKNOWLEDGEMENTS Page 1356 October 7, 1980 Approval of the List of Claims dated October 7, 1980, excluding payment of $73,561.62 to Pittsburgh-Des Moines Steel Co., approving payment of claims totalling $150,675.63. Approval of the list of contractor's licenses, granting licenses to: Marv's Blacktopping, Inc. Plehal Blacktopping, Inc. Arcade Concrete Construction Cohrs Masonry, Inc. Dayco Concrete Company Wm. Seidl Cement Contractor Tartan Construction Company W Construction Company, Inc. J.J. Charles & Sons Excavating Metro Contracting, Inc. Geo. Sedgwick Heating & Air Conditioning Company Bjorklund Construction Co. F.C. Boyce Construction C & W Carpenters, Inc. Johnson Eng. & Construction Company Lloyd E. Larson Const., Inc. Ted Murr, Inc. North Star Services Parkos Construction Co. Inc. Schulz Builders, Inc. Timberline Builders, Inc. Air Associates Northeast Sheet Metal, Inc. Twin City Furnace Company St. Croix Valley Pools Asphaltic/Concrete Paving License Asphaltic/Concrete Paving Licens( Concrete Contracting License Concrete Contracting License Concrete Contracting License Concrete Contracting License Concrete Contracting License Concrete Contracting License Excavating License Excavating License Gas Piping License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor Heating & A/C License Heating & A/C License Heating & A/c License Swimming Pool Contractor License Re-scheduling of the November 4th regular Council meeting to November 6th at which meeting the Council shall also convene as the Election Canvassing Board. Councilwoman Witt seconded the motion. The Council received and acknowledged the following items without discussion: minutes of the September 23rd Planning Commission meeting; Code Enforcement monthly report for September; memo from Code Enforcement Officer on renovation at 713 W. Wentworth Avenue; Police Department monthly report for August; Public Works Director's monthly report for September; letter from the League of Minnesota Cities regarding Local Government Day. CASE NO. 80-14 EAGLE RIDGE P.U.D. AMENDMENT Ayes: 5 Nays: 0 CASE NO. 80-17, FEDERAL LAND COMPANY HEARING ON P.U.D. APPLICATION Page No. 1357 October 7, 1980 Mr. Ron Erickson, of Korsunsky, Krank, Erickson Architects, Inc., was present on behalf of Lanvesco and Bream Homes, to request the Council to conduct a special meeting during the week of October 13th to consider the Lanvesco/Bream P.U.D. amendment application. The Council acknowledged a letter from Mr. Erick- son requesting the special meeting in order to allow ample time for review of the proposed PUD plan by interested Eagle Ridge residents. Based on the developer's request, Councilman Mertensotto moved that an adjourned meeting be held at 8:00 o'clock P.M. on Tuesday, October 14th for the purpose of reviewing the proposed Bream Eagle Ridge P.U.D. amendment and any additional matters which may properly come before the Council at that time. Mayor Lockwood seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Federal Land Company for a Planned Unit Development. Mayor Lockwood asked for questions and comments from the audience. Mr. Ron Erickson, architect for Federal Land Company, requested that discussion on the matter be tabled to October 21. He advised the Council that the Planning Commission has recommended denial of the application, and that the developer wants to develop a plan that is acceptable to the area residents. He stated that the developer would like to meet with adjacent property owners to learn their concerns and satisfy them. Councilman Mertensotto asked how the developer could build sixteen units on 5.2 acres, and Mr. Erickson responded that the developer plans to request a density which would meet Zoning Ordinance requirements. Councilman Mertensotto pointed out that if the property were developed as single family, nearly one-third of the property would be lost to platting of lots, and therefore the density would be reduced, and homes could not be built on the site. Mr. Erickson stated that the P.U.D. ordinance does not take that aspect into consideration. He acknowledged that probably only eleven to twelve single family structures could be built on the site. Be felt that the major problem is that the developer is appealing to a $175,000 to $200,000 market on the single family level, and that sixteen structures would result in considerable land coverage. He advised the Council that the developer will prepare plans to show what the view will be from adjacent single family residences and will meet with the area residents. He stated that the developer will reduce the density in a revised plan after meeting with the neighborhood. He asked that further discussion be tabled to October 21st. Mayor Lockwood asked for questions and comments from the audience. Page 1358 October 7, 1980 Mr. Helmut Kaddin, 635 Sibley Memorial Highway, stated that what bothers him most is the proposed swimming pool right across the highway from hiS residence. He stated that the pool lights, noise and people using the pool would create a nuisance. He also stated that the plan shows that all the traffic would come out onto TH 13 which already carries too much traffic. He suggested that there should be some input from Mn/DOT. Mr. Gordon Diedrich, 573 Hiawatha, stated that at the Planning Commission meeting, the people were given to understand that the hearing by the Council would be held this evening. He objected to coming to the meeting only to hear that the discussion would be tabled. Mr. Gerald Shaughnessy, 572 Miriam, questioned the appropriateness of the P.U.D. He stated that the Planning Commission based their denial recommendation on the appropriateness of a P.U.D. as well as other concerns. He also pointed out that the Zoning Ordinance stated that ten or more acres are required for a P.U.D. Mr. Ron Erickson stated that with the structures being built all on one story it made the density look much greater than it would with a mix of one and two story structures. He stated that he thinks the developer can demonstrate that a P:U.D. would be better for the neighborhood than single family development would be. Councilman Hartmann stated that the Planning Commission felt the proposal is inappropriate in that it confined the open space that is provided in that the open space is enclosed and that there wasn't enough land to warrant this type of development. He noted also that the Planning Commission indicated they might consider a lesser density. Mr. Julian Bilski, 605 Winston Court, stated that he was notified by the developer that the matter would not be considered this evening. He stated that the concern of all the residents is that they would like to see why the land does not lend itself to single family development. He stated that the residents discussed the P.U.D. proposal and how it would affect the area at the Planning Commission hearing, and at that time 99% of the residents were opposed to the P.U.D. as proposed and painted out that the proposed development would have a negative affect on the property values of homes in the area. He stated that the Planning Commission recommended denial and objected to a tabling of the discussion to allow changes in the plans. Mr. Diedrich stated that he had been present for the recent Council discussions on the Lanvesco/Bream application for P.U.D. amendment for a portion of Eagle Ridge, and stated that the end result of all of the discussions and changes in proposed plans was good. He noted however, that the matter involved a change in the P.U.D. concept where a P.U.D. had already been approved. He pointed out that the Federal Land Company proposal is for a P.U.D. for multiple family structures where single family zoning exists. He stated that the situation is going from good Page 1359 October 7, 1980 to bad rather than from bad to good as in the case of Lanvesco. Councilman Mertensotto stated that if the discussion is tabled and the developer returns with a proposal considerably different from that which was before the Planning Commission, the Council may send the matter back to the Commission for review and recommendation. Mayor Lockwood stated that unless the residents show unanimity in opposing or approving a plan, the Council would most probably send it to the Planning Commission. He did not feel that two weeks would allow the developer enough time to accomplish anything and expressed his feeling that the Council would not want to consider any plans until the developer has discussed the plans with the residents. Councilman Losleben stated that he would like to be given some good reasons on why the site should not be developed as single family since the character of the entire area around the site is single family development. He suggested that the matter should be tabled until November 18th to allow ample time for changes in the plans and review of the plans by the affected residents. As the result of the discussion, Councilman Losleben moved to continue the hearing to November 18th at 8:30 o'clock P.M. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Lockwood called for a recess at 8:40 o'clock P.M. The meeting was reconvened at 8:50 o'clock P.M. DRAINAGE Mr. Paul Oster, 1602 Third Street, Mendota, was present to complain about surface water drainage from the Valley View Oak Addition. After a brief discussion, the Council suggested that Mr. Oster explain the problem in writing so that staff can review the matter and recommend action. CRITICAL AREA Mr. Richard Lachenmayer was present to request approval of a BUILDING PERMIT building permit for a residence he proposes to construct on Lot 10, Valley View Oak Addition. The Council acknowledged and discussed a memo from staff relative to both the critical area requirements applicable to the site and to a proposed homeowner's agreement which would allow residential construction prior to completion of public utility construction within the plat. Public Works Director Danielson advised the Council that he and the Code Enforcement Officer have carefully studied the plans as they relate to the Critical Area Ordinance and building and zoning requirements. He stated that the plans conform in all respects and recommended that the Council approve the issuance of the requested permit. Page 1360 October 7, 1980 Administrator Johnson advised the Council that Mr. Lachenmayer has executed the homeowner's agreement wherein he has been made fully aware of the City's requirements of him during utility construction. He also advised that the applicant has submitted a letter of credit to cover any damages which might be caused to the public utilities by Mr. Lachenmayer's contractor during home construction. On the recommendation of staff, Councilman Mertensotto moved approval of the critical area site plan and building permit application for Lot 10, Valley View Oak Addition. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 LILYDALE City Attorney Winthrop distributed and reviewed a memo to the LAWSUIT Council relative to the status of the City's lawsuit against the City of Lilydale initiated in 1971 and relating to a dispute over municipal boundaries. After reviewing the information, Mr. Winthrop recommended that the City not pursue an appeal in the matter. Ayes: 5 Nays: 0 FIRE RELIEF ASSOCIATION VOLUNTEER FIRE SALARY INCREASE On the recommendation of the City Attorney, Councilman Mertensottc moved that the Attorney be instructed not to file an appeal in the matter of Mendota Heights versus Lilydale, Case No. 72488. Mayor Lockwood seconded the motion. Mr. Wilfred Dehrer was present relative to proposed amendments to the Volunteer Fire Department Relief Association Bylaws. The Council expressed several questions and concerns, particularly as relate to a proposed reduction in service time for retirement from 20 to 10 years. The Council members felt that such a reduction could be detrimental to the community. City Administrator Johnson briefly reviewed other proposed changes, including a proposed increase in pension benefits and the double benefit of disability insurance and workmen's compensation insurance. As the result of the discussion, the Council appointed Councilmen Mertensotto and Hartmann to head an ad hoc Council committee to review and make a recommendation of the proposed amendments. The Council acknowledged a letter from the Volunteer Fire Depart- ment requesting a 50 per hour increase in the salary rates for volunteer firemen for attendance at fires, drills and meetings. The Council concurred with the request on the basis that the proposed rates would apply to hours worked from January 1, 1981. Ayes: 5 Nays: 0 PARK ACCESS COMMUNICATIONS FIRE FACILITY Page 1361 October 7, 1980 After a brief discussion, Councilman Losleben moved to approve thE following salary schedule for Volunteer Firemen, the rates to become effective on January 1, 1981: Starting Firefighter $5.00 Second through fifth years 5.50 Sixth year and over 6.00 Captains 6.50 Meetings, Drills, Special Drills 5.00 Councilman Hartmann seconded the motion. The Council acknowledged and discussed the minutes of the September 24th Park Commission meeting. The Council particularly noted the portion of the minutes relating to access to Wentworth Park. Several members of the audience were present for the discussion. Mayor Lockwood stated that he has spoken to the Gunderson family, owners of a parcel of property north of the park, and that Mrs. Gunderson stated that they would be unwilling to grant right-of- way for a pedway through the property. Public Works Director Danielson advised the Council that the City owns right-of-way for Clement and Fourth Avenues, and it might be possible to use that right-of-way to make a connection to the park. He advised that Public Works Supervisor Ploumen has walked the right-of-way and believes a path could be constructed for access to the park totally on public right-of-way. He pointed out that if the right-of-way were used, construction would entail two creek crossings, grading, and some type of surfacing. After discussion, the Council directed the Public Works Director to prepare a study on the feasibility and cost of the proposed pedway. The Council acknowledged a letter from Mrs. Jerilyn Lambert relative to the dog control ordinance and referred the communi- cation to the Police Chief for a recommendation. Public Works Director Danielson reviewed for the Council and audience a drawing prepared by Robert Burow relative to the possible siting of a fire facility near the intersection of TH 149 and Freeway Road. Mr. Danielson advised that the proposed site consists of property owned by the City and property owned by Brian Birch. Mayor Lockwood expressed concern about access from the site to existing TH 149, and also asked about costs involved in locating a facility on the proposed site. Mr. Danielson stated that it is proposed that Freeway Road be redesigned to be perpendicular to TH 149 for better access. He also stated that the greatest cost factor would be the costs involved in filling the very depressed site. He stated that he has contacted Mn/DOT regarding filling Ayes: 5 Nays: 0 MISCELLANEOUS SUBURBAN RATE AUTHORITY LEVY Page 1362 October 7, 1980 of the site and that Mn/DOT has agreed to use the proposed site for disposal of fill from highway construction areas. Mr. Danielson pointed out that soil tests have not been done, and that if there is serious interest in the site, a soil test should be conducted to determine soil conditions before adding any fill. Councilman Losleben stated that he is very pleased with the drawing prepared by Mr. Burow, and feels this is a very viable site. Councilman Mertensotto suggested that the Fire Department and Fire Facilities Committee should be given the opportunity to review the site. City Treasurer Shaughnessy, a member of the Fire Facilities Committee, stated that the Committee had considered the site and was concerned over the amount of time it would take to get to the site from the south side of TH 110 in a non-emergency vehicle. He stated that the north-end firemen would have a longer distance to travel because they would have to go directly to the station rather than going directly to a fire as they currently do. He pointed out that the primary driving teams are located within a very short driving radius of the existing station. Mayor Lockwood stated that the Committee should study the information prepared by Mr. Burow and respond to the question of whether or not •location of a station at this site would resolve any problems. After discussion, Councilman Losleben moved that the Fire Facilities Study Committee be requested to reconvene for consideration of the proposed site. Mayor Lockwood seconded the motion. The Council acknowledged and briefly discussed a memo from the Association of Metropolitan Municipalities relative to its annual membershippmeeting. The Council acknowledged a memo from the City Administrator relative to proposed expansion of the Suburban Rate Authority to include involvement in the programs of the Metropolitan Waste Control Commission. City Administrator Johnson reviewed his memo regarding the proposed 1980/81 Levy. He advised the Council that several items included in the departmental proposals have been eliminated from the proposed budget and that the recommended proposal shows a balanced revenue/expenditure amount of $1,191,800. He recommended that the Council approve a 1980 levy of $846,100. ' Financial Advisor Shaughnessy reviewed his memo addressing the Council's concerns over valuation increases and the effect the recent reassessment will have on taxes. Ayes: 5 Nays: 0 AMBULANCE SUBSIDY LABOR AGREEMENTS MISCELLANEOUS Ayes: 5 Nays: 0 Page 1363 October 7, 1980 After discussion, Mayor Lockwood moved the adoption of Resolution No. 80-92, "RESOLUTION APPROVING 1980 LEVY COLLECTIBLE IN 1981", approving a levy of $846,100. Councilman Losleben seconded the motion. Mayor Lockwood reviewed discussions which took place at a recent Mayor/Administrator meeting relative to the proposed Divine Redeemer ambulance subsity agreement. The Council discussed the matter,_expressed several questions on terminology in the agreement, and directed the Mayor to attend the upcoming Mayor/Administrator meeting to see what action other communities in the service area have taken. The Council acknowledged receipt of a copy of the Public Works Department labor demands for 1981. Administrator Johnson advised the Council that the City has received a cease and desist order which precludes any negotiationE or changes in the Police Labor Agreement. He advised that the Policehave:Tetitioned to join Law Enforcement Labor Services, Inc. and withdraw from the Teamsters Local No. 320. Public Works Director Danielson reviewed his memo on the need for rerouting of City trunk sewer in connection with the construction of 1-494 and I-35E. He advised that City staff has been working with Mn/DOT and that it is believed that it would be in the best interest of both the City and Mn/DOT if Mn/DOT does the design and rebuilding of the trunk sewer. He recommended that the Council approve agreements to allow Mn/DOT to complete the design drawings under the review and approval of the City. He noted that the agreements grant up to $3,000 which the City will use to complete its review process. After discussion, Mayor Lockwood moved the adoption of Resolution No. 80-93, "RESOLUTION APPROVING PRELIMINARY ENGINEERING AGREEMENT NO. 59940 AND 59970 WITH THE STATE OF MINNESOTA FOR THE PROPOSED RELOCATION OF THE SANITARY SEWER IN THE VICINITY OF MENDOTA HEIGHTS ROAD AND LEXINGTON". Councilwoman Witt seconded the motion. APPROVAL OF Mayor Lockwood moved approval of the minutes of the July 15th MINUTES meeting. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Abstain: Hartmann Councilman Hartmann moved approval of the minutes of the August 5th meeting with correction. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 1364 October 7, 1980 Councilman Losleben moved approval of the minutes of the August 19th meeting. Councilman Mertensotto seconded the motion. Councilwoman Witt moved approval of the minutes of the August 26th meeting. Councilman Hartmann seconded the motion. Councilman Mertensotto moved approval of the minutes of the September 2nd meeting. Mayor Lockwood seconded the motion. Councilman Losleben moved approval of the minutes of the September 8th meeting. Councilwoman Witt seconded the motion. Councilman Hartmann moved approval of the minutes of the September 16th meeting. Councilman Mertensotto seconded the. motion. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned to October 14th at 8:00 o'clock P.M. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:45 o'clock P.M. thleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor