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1995-01-17 Council minutesPage No. 4265 January 17, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 17, 1995 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 Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the December 20, 1994 regular meeting with correction. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved approval of the minutes of the January 3, 1995 regular meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Krebsbach CONSENT CALENDAR Councilmember Koch 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 January 10, 1995 Park and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for December. c. Acknowledgment of the Fire Department monthly report for December. d. Acknowledgment and formally acceptance of a $200 donation from the Vasatka Goers VFW Post #6690 to the Police Page No. 4266 January 17, 1995 Department for use in the DARE Program, and direction to staff to send a letter of appreciation to the VFW. e. Approval to schedule the annual Board of Review Meeting for 7:00 P.M. on Tuesday, April 4, 1995. f. Authorization for the Fire Department to purchase seven Motorola Pagers for a total purchase price of $2,862.72. g. Approval of the issuance of a temporary liquor license to Visitation Convent for March 3 and 4, 1995 in connection with its annual Merrie Market Auction, alongwith waiver of any license fee. h. Approval of sign permits to change the sign faces on the four existing signs for the Dakota Bank at 750 South Plaza Drive. i. Approval of the Pay Equity Implementation Report for submittal to the Minnesota Department of Employee Relations by January 31, 1995, and authorization for the Mayor to sign the report as necessary. j. Adoption of Resolution No. 95-04, "RESOLUTION APPROVING AND ACCEPTING THE KENSINGTON PUD PUBLIC IMPROVEMENTS." k. Adoption of Resolution No. 95-05, "RESOLUTION APPROVING FINAL PLAT FOR BOBST ADDITION," subject to payment of park dedication and utility connection fees, conditioned that prior to certification of the resolution to the County Auditor, the applicant shall file with the city a copy of the deed to the portion of the Knaus property being included within the plat as well as confirmation from the mortgagor of the Knaus property that it will grant partial release of his lot. 1. Approval of a Tax Increment Redevelopment Program for Northland Drive Partners and authorization for execution of the Contract for Private Development by the Mayor and City Clerk. m. Authorization for the Fire Department to purchase a 1995 Chevrolet Blazer (Chief s vehicle), from Polar Chevrolet for its bid of $21,353.00. Page No. 4267 January 17, 1995 n. Acknowledgment of an excerpt from the minutes of the December 29, 1994 Planning Commission meeting. o. Approval of the purchase of a computer scanner for the Administration department from Crabtree Companies for the purchase price of $1,584.72. p. Approval of the list of contractor licenses dated January 17, 1995 and attached hereto. q. Approval of the list of claims dated January 17, 1995 and totaling $945,185.40. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 T -BALL FIELDS Council acknowledged a memo from Parks Project Manager Kullander regarding a Park Commission recommendation, prompted by a request from the Mendota Heights Athletic Association, that two T -ball fields be developed on the grass area east of the public works facility. Mayor Mertensotto stated that he questions whether the timing is good and if Council should get involved in the matter. He further stated that while he can appreciate the desire to find space for T -ball fields, he would rather work with the Commission to find appropriate space. He informed Council that he contacted Catholic Cemeteries regarding the potential of developing fields on the unused south area of the Resurrection Cemetery property. He stated that there is a precedent - another metro area city received an easement to construct a pedway on cemetery property. He suggested that Council authorize staff to send a letter to the Catholic Cemeteries Board requesting that the city be allowed to use some or all of the undeveloped land to the south for ballfields until it is needed by the cemetery for development. He stated that it would not be costly to develop two fields as the only investment would be for backstops, rec rock, etc., and it would not be costly to reseed after the fields are removed in the future. He informed Council that the Catholic Cemeteries' future intent for the site is for its principal office and maintenance facility. Councilmember Krebsbach stated that she would agree as long as the fields would be for T -ball use unless the Catholic Cemeteries has no objection to other ballfield use. Page No. 4268 January 17, 1995 Councilmember Huber moved to direct the City Administrator to forward a letter to the Catholic Cemeteries to ask them to consider interim city use of the undeveloped south cemetery area for T-ball or ballfields. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 HEARING - MENDOTA Mayor Mertensotto, opened the meeting for the purpose of a public HEIGHTS ROAD STREET hearing on the proposed vacation of excess right-of-way for VACATION Mendota Heights Road which had been acquired by Mn/DOT in connection with the 1-494 construction. Council acknowledged a memo and proposed resolution from the Public Works Director. Mayor Mertensotto informed the audience that the land is a small triangle of excess right-of-way located along the southeast comer of Mendota Heights Road at T.H. 149, which can become a part of the Mendota Meadows plat, except that the city would reserve an easement over it for a right hand turn lane. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Smith moved that the hearing be closed. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 94-25, Council acknowledged a memo from Public Works Director MENDOTA MEADOWS Danielson and Administrative Assistant Batchelder regarding continued discussion on an application from Mr. John Mathern, Mendota Homes, for rezoning, conditional use permit for planned unit development and final plat for Mendota Meadows. Mayor Mertensotto informed the audience that Mendota Homes proposed to construct 36 single story town house units on a 10.86 acre site located at the southeast quadrant of Dodd Road and Mendota Heights Road. He stated that in prior Council discussions, Council has been concerned about berming along Mendota Heights Road. He asked Mr. Mathern if the berm issue has been resolved and if he plans to construct any walk-out units. Mr. Mathern responded that a berm can be constructed, behind four walk-out units, extending along Mendota Heights Road and that Page No. 4269 January 17, 1995 there will be extensive landscaping along Mendota Heights Road to screen the development. Mayor Mertensotto, stated that he had requested staff to revise the conservation easement agreement to address the matter of removing the saplings which may grow in the easement area. He informed Council that the developer has suggested that section seven of the agreement be further revised to require that underbrush be removed from the wooded area in the spring, summer and fall of each year rather than at least three times each year. Mayor Mertensotto stated that the park contribution and payment of the purchase price for the 1.3 acre easement area are payable by the developer prior to execution of the final plat by city officials. There was discussion over the language with respect to the monument sign, paragraph six, and it was the consensus that the language be modified to include that the sign would be in accordance with plans and specifications approved by the city. Public Works Director Danielson informed Council that the ben--n is shown on the grading plan with the revision date of January 6, 1995. He stated that the plan shows dense landscaping all along Mendota Heights Road and a berm behind the four walk-out lots. It was noted that the references to "scenic easement" in the Conservation Easement Agreement should be revised to read "conservation easement." Councilmember Koch moved adoption of Ordinance No. 300, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to rezone the 10.86 acre site from R-1 to MR-PUD. Ayes: 5 Councilmember Huber seconded the motion. Nays: 0 Councilmember Huber moved adoption of Resolution No. 95-06, "RESOLUTION APPROVING VACATION OF A PORTION OF MENDOTA HEIGHTS ROAD STREET RIGHT-OF-WAY." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved adoption of Resolution No. 95-07, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR MENDOTA MEADOWS." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Mrs. Mansfield stated that she feels that the case for granting a variance is strong in spite of the Planning Commission recommendation for denial. She informed Council that of the Commission members, only Commissioner Lorberbaum visited her house and she voted in favor of approving the variance. Responding to a question from Mayor Mertensotto, Mr. Mansfield stated that the swimming pool and deck had already been built before they purchased the home five years ago that there is not enough room in the house to do any entertaining. Page No. 4270 January 17, 1995 Councilmember Krebsbach moved adoption of Resolution No. 95- 08, "RESOLUTION APPROVING FINAL PLAT FOR MENDOTA MEADOWS ADDITION," conditioned that the developer will furnish to the city a registered land survey delineating the easement area and that the plat will not be executed by the city officials until payment of the park contribution and land acquisition have been made to the city. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved to approve the "Contract for Townhome Development' ' for Mendota Meadows. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved to approve the "Conservation Easement Agreement" for Mendota Meadows with revisions. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved to authorize the Mayor to execute the deeded conveyance for Outlot B to Mendota Homes, encumbered by the covenants and restrictions contained in the conservation easement agreement, at a consideration of $30,000 which must be paid prior to execution of the final plat for Mendota Meadows. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 94 -39, Council acknowledged an application from Mr. & Mrs. Robert MANSFIELD Mansfield for a 4.5 foot sideyard setback variance and critical area review to allow a dining room addition at 1300 Wachtler Avenue. Council also acknowledged associated staff reports. Mrs. Mansfield stated that she feels that the case for granting a variance is strong in spite of the Planning Commission recommendation for denial. She informed Council that of the Commission members, only Commissioner Lorberbaum visited her house and she voted in favor of approving the variance. Responding to a question from Mayor Mertensotto, Mr. Mansfield stated that the swimming pool and deck had already been built before they purchased the home five years ago that there is not enough room in the house to do any entertaining. Page No. 4271 January 17, 1995 Mayor Mertensotto stated that in general, the cases the Planning Commission recommend for approval involve a clear hardship. He explained that granting variances set precedent and they should not be granted unless there is good reason. He noted that the Mansfield home is unique in that Economics Laboratories is across the street and the home is set back 45 feet from the front lot line which is more than the normal 30 to 35 foot setback. Mr. Mansfield informed Council that there is a wooded area behind his home and the addition will not affect the view of any homes behind his. Mayor Mertensotto stated that a problem is created when structures begin to encroach on side yards and that the Zoning Ordinance requires ten foot side yards in order to maintain a reasonable distance between houses. He further stated that although the Mansfields are asking for a 4.5 foot variance, that does not include the addition's overhang. He pointed out that although the current neighbor supports the variance request, a subsequent owner of that home could come to the city in the future and ask why the city allowed the variance. He informed the Mansfields that Council rarely acts contrary to the recommendation of the Planning Commission, and only in situations where there is very good reason to overturn the recommendation. Mrs. Mansfield felt that the Commission members should have had an obligation to visit the site and the home to see what the problems are. She stated that if the members had been in the yard they would have seen that it is impossible to construct the addition in any other location. Mayor Mertensotto responded that it is possible for the Mansfields to build an addition without a variance if the addition is eight feet wide rather than 12.5 feet. Mr. Mansfield stated that he could reduce it by one foot and that the addition would work at 11.5 feet. Responding to a question from Mayor Mertensotto, he stated that the swimming pool liner was replaced five years ago, and should last at least ten years, and that he has no intention to remove the pool. Mr. Mansfield stated that the ordinance addresses practical difficulty as well as hardship and there is no practical way or area to construct the addition other than what is proposed. Page No. 4272 January 17, 1995 Councilmember Huber stated that he has visited the property and because of the pool the owners have had to put in at least a six foot high privacy fence, so when someone looks to the property from Wachtler they would have the sense that the home is closer to the property line than ten feet anyway. He stated that from a visual impact there is a structure quite close to the property line and if the addition were constructed people traveling on Wachtler would still be looking at the fence. He felt that the situation is unique because there are no homes behind the Mansfield home and there will never be a home across from it. He pointed out that that the only neighbor who would be impacted felt strongly enough about the proposal that he is present this evening to voice his support. He stated that while he respects the Planning Commission and its recommendations, in this case there are a couple of issues which could be looked at more closely. Mr. Bruce Barry, 1284 Wachtler, stated that his home is immediately north of the Mansfield home and that his garage is on the side of the lot where the addition would be. He stated that the living area of his home is not next to the sidelot where the addition would be located and there are no windows on that side of his home. He supported the granting of the variance. Councilmember Smith asked Mr. Barry if he feels landscaping should be planted to soften the effect of the addition. Mr. Barry responded that he just planted some landscaping and sees no need for more. He further stated that construction of the addition will not cause him any drainage problems. Mr. Mansfield informed Council that he would like to construct the addition in the proposed location so that an existing mature tree is not disturbed and that there will not be a basement under the addition. Councilmember Koch stated that she is familiar with the lot and the case has unique characteristics. She felt that Council must look at each case on its own merits and agreed with the applicants that there is practical difficulty. She stated that while she is reluctant to overturn Planning Commission recommendations, she would be in favor of granting the request because of the unique situation and practical difficulty. Mayor Mertensotto expressed concern over setting precedent and suggested that action on the matter be tabled so that he can view the site. Page No. 4273 January 17, 1995 Councilmember Smith stated that she feels that Councilmember Huber's point about the fence is well taken. Mrs. Mansfield stated that the fence would continue from where the house would end so it would have the same visualization as it currently does. Councilmember Huber suggested that the fence be taken straight off the back of the house if the variance is ultimately approved. After discussion, Councilmember Smith moved to table the matter to February 7. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 DETACHED GARAGES Council acknowledged a memo from Administrative Assistant Batchelder regarding proposed ordinance revisions for detached garages in the R -1 District. Mayor Mertensotto stated that the problem the city is trying to address is the proliferation of accessory structures in yards as well as the potential that an accessory structure could be turned into a business operation. He pointed out that the proposed language references a 1,000 square foot maximum and Council does not want anyone to think they are entitled to a 1,000 square foot structure. Councilmember Smith stated that the proposed language is closer to what is desired but she is concerned that it does not exclude single family homes from the 1,000 square foot limit. She stated that it would be helpful in evaluating the current language to have all of the accessory structure provisions of the Zoning Ordinance, and asked that the information be provided before any action is considered. She also suggested that the proposed language be changed to state that only non - residential uses in R -1 Districts may have accessory structures up to 1,000 square feet. Action on the proposed revisions was tabled to February 7. NORTH KENSINGTON PARK Council acknowledged a memo from Administrative Assistant Batchelder regarding presentation of the final plans and specifications for North Kensington Park. Ms. Joni Giese, landscape consultant, reviewed proposed plans for the development of North Kensington Park. She discussed the site Page No. 4274 January 17, 1995 reorientation, strong points and constraints of the park, explaining that the goal was to develop a plan for a passive park with a back yard concept. Ms. Giese reviewed the plans for Council and the audience and stated that a conceptual park shelter has also been developed in accordance with direction, in a size which would accommodate a six foot picnic table and two sandstone benches. Ms. Giese reviewed the budget for the project, stating that the cost for essential elements is estimated at $34,000 and the overlook and picnic shelter would be add -ons. Councilmember Krebsbach stated that there are neighbors along the park boundary who are concerned that they might be in their back yards and people would be sitting eight feet away on benches in the park. Ms. Giese responded that the benches are not directly behind the back yards and the grasses which will be planted will act as a barrier. People would be sitting on benches on the other side of the grasses and trees so that there will not be a feeling that they are in someone's back yard. She stated that one or two of the benches are close to the pedestrian path and explained that the benches are oriented to the park and the pond. Councilmember Smith stated that the intent was to design the project as separating the public from the private areas but it is still a public park in people's back yards and Council cannot detract from the public use. Councilmember Huber asked if the waist high grasses die back in the winter. Ms. Giese responded that they come up late in the spring and when they die back they still maintain their height, and that they should be mowed down in the early spring. Mayor Mertensotto stated that the action being requested of Council is to adopt the design and approve the construction except for the shelter, at this time. He stated that he would like the overlook included in the construction. Mr. Dan Rostratter, 2483 Stockbridge, stated that he has no comments on the plans as long as the picnic shelter is not included. Councilmember Smith responded that she does not think that conceptually it was ever intended to be a picnic shelter but rather more like a gazebo - a small park amenity. Page No. 4275 January 17, 1995 Mayor Mertensotto stated that the Park Commission recommendation was to not include the shelter at this time but to leave the option open for the future. Councilmember Huber moved to approve the final plans and specifications for North Kensington Park, including the proposed overlook, for an amount not to exceed $41,435 from the Park Referendum fund, and to authorize staff to seek competitive bids for the project. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 COUNCIL WORKSHOP Council acknowledged a memo from Administrator Lawell regarding future Council workshop /meeting dates. Councilmember Smith moved to conduct a work session at 7:00 p.m. on January 30 for discussion on current labor negotiations, review of the Public Works Department work schedule, discussion on economic development organizations within Dakota County, and discussion on the Burows Farm issue, and to conduct Park and Recreation Commissioner interviews at 6:45 p.m. on February 7. Ayes: 5 Councilmember Huber seconded the motion. Nays: 0 COUNCIL COMMENTS Mayor Mertensotto informed Council that he has been appointed to serve on a Metropolitan Council task force to review rates being charged by the M.W.C.C. to municipalities. ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved that the meeting be adjourned to the Council work session on January 30 at 7:00 p.m. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:40 o'clock P.M. thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor January 17, 1995 Asphalt Contractor License Northwest Asphalt Inc. Pine Bend Paving Inc. Masonry Contractor License Jesco, Inc. R. Ostrom Co. f• Excavation Contractor License Lakeside Plumbing & Heating Inc. Nova -Frost Inc. Rayco Excavating, Inc. Stocker Excavating Co., Inc. Sun Excavating, Inc. Wenzel Plumbing & Heating Inc. General Contractors License Bituminous Roadways, Inc. Bremer Construction Determan Welding & Tank Serivice, Inc. S.A. Jordan Construction Inc. Kurth Construction, Inc. McGough Construction Co., Inc. Russnick Contractors Inc. Ryan Construction Co. of Minnesota, Inc. Schindler Elevator Corporation Schreiber Mullaney Construction Co., Inc. J & L Schieters Construction Inc. Southview Design & Construction Inc. Sumco, Inc. United Properties Construction Management Gas Piping Contractor License Anderson Heating Inc. Boehm Heating Co. Del -Air, Inc. Ditter, Inc. Egan & Sons Co. Erickson Plumbing, Heating, Cooling Inc. Hearth Services Inc. Heights Mechanical Co., Inc. Horwitz, Inc. Judkins Heat & Air Condition Inc. Kelly Plumbing Jim Murr Plumbing, Inc. Northwest Service, Inc. O'Keefe Mechanical, Inc. ProAir, Inc. Rouse Mechanical Inc. Thermex Corporation Twin City Furnace Co., Inc. Wenzel Plumbing & Heating, Inc. EVAC Contractors License Anderson Heating, Inc. Construction Mechanical Services Cedar Valley Heating & Air Ditter, Inc. Egan & Sons Co. Erickson Plumbing, Heating, Cooling, Inc. Gopher Heating & Sheet Metal, Inc. Heights Mechanical Co., Inc. Horwitz, Inc. Judkins Heat & Air Conditioning Inc. Northwestern Service, Inc. O'Keefe Mechanical Inc. Rouse Mechanical Inc. Thermex Corporation Twin City Furnace Co., Inc. Drvwall/Plaster Contractor License Berg Drywall, Inc. Citywide Insulation, Inc. Custon Drywall, Inc. Quality Drywall, Inc. Sign Contractor License Nordquist Sign Co., Inc. Rubbish Haulers License Knutson Services Inc. K.O. Sanitation & Recycling, Inc. Roadway Rubbish Inc. Waste Management - Savage Cigarette License Snyders Drug Store #42 Tom Thumb Store #264