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1991-11-05 Council minutesPage No. 3145 November 5, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 5, 1991 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 Blesener, Smith and Koch. Councilmember Cummins had notified the Council that he would be late. AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. AYES: 4 NAYS: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the October 15, 1991, regular meeting. Councilmember Koch seconded the motion. AYES: 4 NAYS: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting amended to moved the Kensington Plat Change to the regular agenda, along with the authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the October 19th Special Planning Commission meeting. b. Acknowledgment of the minutes of the October 22nd Planning Commission meeting. Page No. 3146 November 5, 1991 C. Acknowledgment of the Code Enforcement monthly report for October. d. Acknowledgment of the Fire Department monthly report for September. e. Authorization for an increase in the purchase order to Centex for mass grading of the Kensington park to provide for the removal of an additional 3,000 plus cubic yards of organic material at a cost of $2,600. f. Approval of the purchase of 1,500 Husky -Lite recycling containers from Rehrig- Pacific Company for a total cost of $5,415. g. Authorization for staff to solicit bids for a backhoe (budgeted as an equipment certificate expenditure in 1992) to be considered by Council on December 3rd. h. Approval of the list of contractor licenses dated November 5, 1991 and attached hereto. i. Approval of the list of claims dated November 19, 1991, and totalling $288,928.58. Councilmember Koch seconded the motion. Councilmember Cummins arrived at 7:48 o'clock P.M. AYES: 5 NAYS: 0 KENSINGTON PLAT CHANGE Councilmember Blesener moved to amend the Kensington Plat to remove Dr. Owen's homesite from the plat as a lot and allow it to be platted as an "Exception ". Councilmember Smith seconded the motion. AYES: 5 NAYS: 0 PUBLIC COMMENTS Mr. Lesley Fishman, Hunter Lane, stated he is a doctor and that he had great difficulty in driving to the hospital following the Storm of the Century because Hunter Lane had not been plowed by Saturday morning. Page No. 3147 November 5, 1991 He questioned if the City has an official snow removal policy. Mr. Jack Barber, 1919 Hunter Lane, stated he is very unhappy with the present snow removal policy. He stated that the last three years the snow removal service has deteriorated. Mr. Barber stated he was very concerned that emergency vehicles would have been unable to move through the snow. He stated he wants the City to adopt a snow removal policy. Mayor Mertensotto briefly discussed a memo submitted by Public Works Director Jim Danielson regarding the "storm of the century ". He stated he had received many angry calls from residents upset about the snow removal. He stated that he wants to see the City adopt a snow removal policy. He stated that years ago the City contracted outside snow removal companies to help with the removal of the snow and he inquired as to whether the City should look into that again. City Administrator Lawell explained that the City currently has three plow routes. He stated that the City had enough equipment to keep up with the heavy snowfall j but that the City was short staff. Public Works Director Danielson stated that the City streets have increased and that the plow routes have not. He stated he anticipates hiring an additional staff person in 1992. He stated that by adding another employee, the City would then be able to increase the plow routes to four. Councilmember Blesener commended the Public Works staff for their efforts they put forth during the storm. Councilmember Cummins concurred and stated that it would be financially irresponsible to gear City services towards a snow storm of this magnitude. Administrator Lawell stated staff will research snow removal policies from other Cities and will report back to Council at a later meetina. REMOVAL OF SCHOUVEILLER HOUSE Council acknowledged a tabulation of bids received for the removal of the former Schouveiller home on Highway 55. Councilmember Blesener moved that a contract for sale and removal of the residence at 2458 Highway 55 be awarded to Machinery and House Movers Corporation for their high bid of $7,600.00 and to authorize the Mayor and City Clerk to CASE NO. LANDKAMER VARIANCE AYES: 5 NAYS: 0 CASE NO. SCHUSTER VARIANCE AYES: 5 NAYS: 0 execute the agreement on adding to the agreement "floor to be broken up f 91 -38: Page No. 3148 November 5, 1991 behalf of the City, subject to language that provides for the )r drainage ". Mr. John Landkamer, 659 Third Avenue, was present to request approval of a seven foot (71) side yard setback variance and an eight foot (81) front yard setback variance to allow reconstruction and enlargement of a single car garage. Council briefly discussed "housekeeping" variances and concluded that the Planning Commission should review the necessity of "housekeeping" variances at their upcoming November meeting and report back to Council with their recommendation. Councilmember Cummins moved approval of a seven foot (71) side yard setback variance and an eight foot (81) front yard setback variance to allow reconstruction and enlargement of a single car garage at 659 Third Avenue as proposed in the planning application. 91 -39: Mrs. Betty Schuster, 1900 Wachtler Avenue, was present to request approval of a 3.7 foot front yard setback variance along Hilltop Road to bring the existing garage into conformance with setback requirements and allow a building permit for a proposed addition to the home. Councilmember Koch moved to approve a 3.7 foot front yard setback variance along Hilltop Road to bring the existing garage at 1900 Wachtler Avenue into conformance. Councilmember Cummins seconded the motion. Page No. 3149 November 5, 1991 CASE NO. 91-35: KNAEBLE - SUBDIVISION Mr. Peter Knaeble was present to request approval of the subdivision of a three acre parcel located at 1760 Dodd Road into three lots, one of which contains the existing home. Mr. Knaeble briefly explained revisions had been made to the plat based on suggestions from the Planning Commission. He stated that Outlot A will be transferred to the property to the south. He further explained that a driveway culvert will be installed across the creek and that the size will be approved by the City Engineering staff. In response to a question from Mayor Mertensotto regarding road access into the super block area, Mr. Knaeble stated the distance between the exit road and Marie Avenue will be approximately five hundred feet. Mayor Mertensotto asked for questions or comments from the audience. --Mr. Joe Fischer, 1758 Dodd Road, stated his home is to the north of the proposed subdivision. He stated that he is concerned with the creek level. He stated if measures are being taken to control the level of the creek, he .,.would have no problem with the subdivision being approved. Mr. Knaeble reiterated that the creek is protected by the Wetlands setback and that the vegetation that surrounds the creek will remain. He stated that a culvert will be installed according to engineering requirements. There was a brief discussion regarding combining Outlot A with the property to the south. Mr. Knaeble stated that the final plat will reflect the combination of Outlot A with the property to the south. Councilmember Smith questioned if a cul-de-sac could be constructed. Mr. Knaeble stated that due to the existing homes, there would not be enough room for the construction of a cul-de-sac. Councilmember Blesener questioned driveway access to the flag lots. Mr. Knaeble responded that access easements will exist for all of the lots. Mayor Mertensotto stated that the driveway access should be dedicated through the Page No. 3150 November 5, 1991 private ownership of the lots and not through the City. In response to a question from Councilmember Blesener, Mr. Knaeble stated the driveways will be hard surfaced driveways. The Council briefly discussed a street circulation plan submitted for their information. The Council discussed future plans for the "super block" area. It was the consensus of the Council that a master plan for the "super block" area be further reviewed by Dahlgren, Shardlow and Uban and to include area homeowner's in the research. Councilmember Blesener pointed out that the Planning Commission and Parks and Recreation Commission should be included in the discussions. Mayor Mertensotto stated final plat should indicate that the creek bed not be disturbed and that it must remain in its existing condition. He stated future property owners should be alerted to this condition. Mr. Knaeble responded that he would prepare a scenic easement to protect the creek bed. Attorney Hart clarified that the scenic easement should run in favor of the City via the property owners. Public Works Director Danielson stated that sewer and water will be brought into this area. Mr. Knaeble stated he will cooperate with the City in working out a utility easement. Councilmember Blesener moved to grant a Wetlands Permit allowing construction within eighty feet (80' ) of the two creeks and allowing a driveway culvert to be installed across the creek with its size to be approved by City Engineering Staff, that the originally proposed Outlot A be transferred to the property to the south and that a conservancy easement document be prepared by Mr. Knaeble in favor of the City of Mendota Heights and the adjoining property owners. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 IVY FALLS CREEK IMPROVEMENT PHASE I - JOB NO. 8814A Council acknowledged a report from Public Works Director Danielson regarding the Ivy Falls Creek Improvement (Phase I) project, informing Council that an easement Page No. 3151 November 5, 1991 will be required over the lot north of the Brassard property, the Dr. Francis Denis property, before the improvement can be constructed. Public Works Director Danielson explained that during the preparation of the plans for the Ivy Falls Creek improvements adjacent to the Brassard residence it was discovered that the creek generally follows at the rear lot lines. He explained that Mr. Brassard's lot is to the south of the creek and that the lots on the south side of the creek have been platted with easements. He explained that the lots to the north of the creek were created in an earlier plat and have no easements. He stated that in order to complete the work, easements will need to be acquired from all the homes on the north end of the creek. He explained that presently, to complete the work on Phase I, Dr. Denis's lot is the only northerly lot needed to grant an easement. Public Works Director Danielson explained that Dr. Denis is not in favor of the project and that he does not want the creek to be realigned through a portion of his property. He explained he has been in contact with Dr. Denis and that he has stated that he would consider signing an easement under certain conditions. In response to a question from Councilmember Blesener, Public Works Director Danielson stated the City will need to keep in mind that there will be several other future easements that will need to be acquired from Dr. Denis' neighbors downstream as part of the Phase II project. There was a brief discussion regarding condemnation of easements and the possible expense of condemnation. Mayor Mertensotto stated he would like to see the project put on hold until an agreement with Dr. Denis is arrived at. Public Works Director Danielson stated he has been in contact and will continue to be in contact with Dr. Denis regarding the acquisition of the easement. The Council concurred with Public Works Director Danielson and he stated that he will return with an update at the December Council meeting. 1992 CDBG ALLOCATION Council acknowledged and discussed a memo from the City Administrator regarding the City's 1992 Community Development Block Grant allocation, and a letter from the Dakota County HRA. AYES: 5 NAYS: 0 Page No. 3152 November 5, 1991 Administrator Lawell explained the City has two viable options from which to choose: senior housing development and housing rehabilitation. He explained that the Dakota County HRA has sited the City of Mendota Heights for land acquisition for senior housing in the year 1992 or 1993 with construction of a building in 1997. He stated the Council should discuss their desired use of CDBG Funds in 1992. Councilmember Blesener stated she would like to see funds set aside for senior housing development. She stated that for several years now senior housing development has been a target issue. She questioned if there has been any discussions targeting the location of the development. Administrator Lawell stated discussions have centered around development of the senior housing south of Highway 110. Mayor Mertensotto questioned if there are presently any individuals on a waiting list for housing rehabilitation. Councilmember Koch, who is the City's representative on the District 2 Review Committee, stated that there is a waiting list. Councilmember Cummins the funding request to housing development. Councilmember Blesener Councilmember the request alternative Administrator suggestion. ZONING ADMINISTRATION AND POLICIES FOR 1992 moved to direct staff to prepare the Dakota County HRA for senior seconded the motion. Smith questioned if the City could submit for senior housing funding along with an plan for housing rehabilitation. Lawell stated that he will research her Council acknowledged a report from the Administrative Assistant and Public Works Director regarding zoning administration and policies, proposing a set of new procedural requirements and requesting policy direction. Administrative Assistant Batchelder noted the City is now operating under a new Zoning Ordinance and that certain procedural policies need to be changed or reaffirmed. Mayor Mertensotto stated he would like to refer the Page No. 3153 November 5, 1991 policy issues regarding Final Platting approvals and Housekeeping Variances to the Planning Commission for their review and recommendation. Councilmember Smith stated she would like to see the Planning Commission review final plats. She stated the Planning Commission initially reviews the planning cases and gives their recommendation to the council. She stated the Planning Commission should review final plats and note any changes that may have occurred after preliminary plat approval. Administrative Assistant Batchelder stated the Council makes their preliminary plat approval based on Planning Commission recommendation. He stated that the Engineering Department reviews final plats and notes any changes that have occurred and then refers the plat to the City Council for their final approval. He explained that this procedure has gone on since 1979. He further explained that time constraints will be a real issue should the Planning Commission start reviewing final plats. The Council briefly discussed housekeeping variances and drafting specifics guidelines. It was the consensus of the Council that these issues be deferred to the Planning Commission for their review and recommendations. Administrative Assistant Batchelder stated that the Planning Commission will review these items at their upcoming November meeting and that their recommendations will be placed on the December 3rd Council agenda. LEGISLATIVE POLICIES FOR 1992 Council acknowledged a memo from City Administrator Lawell regarding the Association of Metropolitan Municipalities' and League of Minnesota Cities legislative policies for-1992. COUNCIL COMMENTS Mayor Mertensotto briefly discussed setting up an Airport Noise Litigation Escrow Fund. Page No. 3154 November 5,-.*1991 There being no further business to -come b6f ore the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Smith seconded the motion. AYES: 5 NAYS: 0 TIME OF ADJOURNMENT: 10:10 O'clock P.M. Kifftberlee K. Blaeser Senior secretary ATTEST: ayor Mertensotto Mayor I J