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1991-09-03 Council minutesPage No. 3101 September 3, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 3, 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, Cummins, and Koch. Councilmember Smith had notified the Council that she would be absent. APPRECIATION Mayor Mertensotto informed the Council and audience that this would be the last meeting at which Richard Swanberg would serve as the cable television volunteer. He expressed appreciation to Mr. Swanberg for his fine service and expertise in operating the video casting equipment for Council meetings. AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the August 20, 1991 regular meeting. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Cummins CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Approval of a correction to the minutes of the April 3, 1990 meeting. b. Acknowledgment of draft minutes of the August 27, 1991 Planning Commission meeting. c. Acknowledgment of the Fire Department monthly report for July. Page No. 3102 September 3, 1991 d. Acknowledgment of the Code Enforcement monthly report for August. e. Authorization for the sale of two 1989 Chevrolet squad cars by sealed bid in accordance with state statutes and City ordinances. f. Approval of the permanent appointment of Mark Kaufman, Roy Kingsley, Walt Klarkowski and Dave Dreelan as volunteer firefighters. g. Approval of the probationary appointment of Ken Weisenburger as volunteer firefighter. h. Adoption of Resolution No. 91 -57, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SANITARY SEWER, WATERMAIN, STORM SEWER, STREETS AND WALKWAYS TO SERVE BRIDGEVIEW SHORES THIRD ADDITION (IMPROVEMENT NO. 91, PROJECT NO. 5)." i. Adoption of "RESOLUTION BRIDGEVIEW j. Approval of between the relative to site. Resolution No. 91 -58, APPROVING FINAL PLAT FOR SHORES 3RD ADDITION." a development agreement City and The Northland Company the development of the Lennox k. Adoption of Resolution No. 91 -59, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE MENDOTA HEIGHTS BUSINESS PARK 2ND ADDITION - LENNOX (IMPROVEMENT NO. 91, PROJECT NO. 3)." 1. Approval of the list of contractor licenses dated September 3, 1991 and attached hereto. m. Approval of the list of claims dated Councilmember Cummins moved to approve a 3.38 foot side yard setback variance and a 1.4 foot front yard setback variance for the existing structure at 656 2nd Avenue to allow construction of an addition in accordance with the survey dated August 2, 1991 with the condition that shrubbery be planted on the west side of the house. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-32, Mr. Mark Rutzick was present to request RUTZICK approval of a 10 foot variance from the required 30 foot side yard setback along the Deer Trail Court property line of Lot 9, Block 1, Deer Trail Hills. He explained that the lot is odd-shaped and in order to place the house he wishes to build on the lot, facing Wachtler, the variance is necessary. Mayor Mertensotto pointed out that since the lot fronts on two streets, the thirty foot setback is required for both the front yard and side yard. He asked Mr. Rutzick if he is aware of the concerns of the Deer Trail Hills Association on fencing. He pointed out that while only the setback variance is before Council at this time, it was discussed at the Planning Commission meeting that the reason Mr. Rutzick is making the current request is to eventually put a fence around the entire rear area of the lot and install a swimming pool. Page No. 3103 September 3, 1991 September 3, 1991 and totalling $271,338.77. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-31, Mr. Mark Desmond was present to request DESMOND approval of a 1.4 foot front yard setback variance and a 3.38 foot side yard setback variance for their existing, non-conforming house at 656 2nd Avenue to allow construction of a proposed living and garage space addition. Mr. Desmond explained that he would like to add 850 square feet off the back of the house and informed Council that he is willing to provide the landscaping recommended by the Planning Commission. Councilmember Cummins moved to approve a 3.38 foot side yard setback variance and a 1.4 foot front yard setback variance for the existing structure at 656 2nd Avenue to allow construction of an addition in accordance with the survey dated August 2, 1991 with the condition that shrubbery be planted on the west side of the house. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-32, Mr. Mark Rutzick was present to request RUTZICK approval of a 10 foot variance from the required 30 foot side yard setback along the Deer Trail Court property line of Lot 9, Block 1, Deer Trail Hills. He explained that the lot is odd-shaped and in order to place the house he wishes to build on the lot, facing Wachtler, the variance is necessary. Mayor Mertensotto pointed out that since the lot fronts on two streets, the thirty foot setback is required for both the front yard and side yard. He asked Mr. Rutzick if he is aware of the concerns of the Deer Trail Hills Association on fencing. He pointed out that while only the setback variance is before Council at this time, it was discussed at the Planning Commission meeting that the reason Mr. Rutzick is making the current request is to eventually put a fence around the entire rear area of the lot and install a swimming pool. Page No. 3104 September 3, 1991 Mr. Rutzick stated that he is aware of the Association's concerns. He further stated that he would like to build the house and see what is left of the yard, and if he can fit a swimming pool on the lot without a variance he will do so. Mayor Mertensotto stated that any future application will have to stand on its own merits and is not part of the decision making process this evening. Councilmember Cummins asked if the house design was prepared before the Rutzicks bought the lot. He pointed out that the house was not designed to fit the lot. Mr. Rutzick responded that he did not realize there were streets on both sides of the lot but that they bought the lot and then designed the house. He further stated that he would prefer to face the house on the cul-de-sac but that would not allow for a back yard and the house was designed to conform to the family's lifestyle. Councilmember Cummins stated that he thinks the house is consistent with the neighborhood but is concerned about shoe-horning oversized houses onto lots that cannot accommodate them. Councilmember Blesener stated that she agrees with Councilmember Cummins, especially since this is an unimproved lot and a custom designed house. She stated that she sees no hardship - the lot is large but the house is just to large for the lot - and felt that the house should be reconfigured somewhat. Mr. Rutzick stated that his family requires a house as large as is proposed and that the house does not fit any other way on the lot. Councilmember Blesener pointed out that it is a very large house, go to 95 feet long, and would hardly fit on any lot. Mr. Rutzick responded that at 3200 square feet it is actually smaller than most of the homes in the development which are 3400 to 3500 square feet. Mayor Mertensotto pointed out that the purpose of the setback requirements is to avoid shoe- horning large structures onto lots and provide green space. Page No. 3105 September 3, 1991 Mr. John Hartmann, Vice-President of the Deer Trail Hills Homeowners Association, informed Council that the Association has discussed the situation and had no objection to the single variance but no one agreed with the potential fencing. He stated that there was no pool shown on the plans the Association saw but the members were aware that there is the potential for a pool. Mr. Rutzick responded that at the time he applied for the variance it was suggested that the pool and fence be shown on the plans all at once and there was not a lot of thought put into it. He stated that he has thought of putting a fence on the lot line but is not asking for fence approval this evening. He further stated that if a pool is installed in the future, he will only fence the pool. Councilmember Koch stated that she has viewed the lot and agrees that it is a difficult lot to develop. She felt that since Council is not being asked to consider the pool and fence she would consider approving the variance. Mayor Mertensotto noted that the house is oriented as is proposed to leave room for a pool in the future. Councilmember Koch moved to approve the requested ten foot side yard setback variance. Motion failed for lack of a second. Councilmember Blesener moved to deny the application for variance based on the present building plan. Councilmember Cummins seconded the motion. Ayes: 3 Nays: 1 Koch It was the consensus of Council that if the Rutzicks submit a new set of plans which do not require a variance, they may reapply without the need for Planning commission review or planning application and fee. HEARING, CASE NO. Mayor Mertensotto opened the meeting for the 91-30, OLIN purpose of a public hearing on an application from Dr. James Olin for the division of his property at 1140 Orchard Place into two lots. Page No. 3106 September 3, 1991 Dr. Olin briefly reviewed the subdivision application, explaining that he would like to create one 16,000 to 17,000 square foot lot on the northeast corner of his property for his son. Responding to a Council question, he stated that when the remainder of the property is subdivided at some future time, a road could be built down the center of the property and another on the easterly property line. He further stated that hopefully another street could be brought in, off Lexington, if the property owners along Lexington decide to subdivide also, but in the least a cul-de-sac can be provided. Mayor Mertensotto asked for questions and comments from the audience. Ms. Karen Jones, 1903 South Lexington, asked where future access from Lexington would be located. Councilmember Cummins responded that future access would require the participation of the adjoining property owners, that Mr. Olin would have to work with those owners. He pointed out that nothing is in place at this time, but that for future planning purposes Dr. Olin must make sure that other properties which could develop have access potential. There being no further questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 Councilmember Cummins moved to approve the preliminary plat for Lot 1 with the provision that private driveway easements be executed on future Carly Lane, and to defer the $600 park contribution until such time as the balance of the land is platted. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-33, Mr. Mike Pease was present to request approval PEASE of a preliminary plat for the combination of part of Lot 12, Posavad's Addition and part of Lot 29 and 30, Springer's Subdivision, and a four foot rear yard setback variance to allow construction of a new home at 940 Chippewa Avenue. Page No. 3107 September 3, 1991 Councilmember Cummins moved to waive the public hearing and approve the preliminary plat for the combination of lots as requested and further to grant a four foot rear yard setback variance to allow construction of a home on the parcel 26 feet from the rear property line. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 FURLONG PROPERTY Treasurer Shaughnessy briefly reviewed his DISPOSAL report regarding the disposal of 1305 and 1306 Kendon Lane, including a summary of proposed listing agreements from Edina Realty and Dave Ross Realty, and a description of minimum corrective work needed on the structures. He informed Council that he has been in contact with a potential buyer of 1305 Kendon Lane and stated that sale to this individual should be excluded from the listing contract. Councilmember Blesener felt that the houses should be sold "as is." Mayor Mertensotto suggested listing the homes with Dave Ross, in the stated $79,000 to $80,000 range, at a 7% commission with cash terms negotiable. Councilmember Cummins asked what the costs would be for corrective work on the structures. Mr. Shaughnessy responded that the estimated costs are $1,500 for 1305 Kendon and $2,500 for 1306 Kendon. Councilmember Cummins moved to enter into a listing agreement with Dave Ross Realty on the basis of a 7% commission, listing prices of $79,000 for 1305 Kendon and $80,000 for 1306 Kendon Lane, cash, with terms negotiable, and to authorize expenditures of $1,500 for clean up at 1305 Kendon and $2,500 at 1306 Kendon, that the listing period be for a maximum of 90 days, and that the potential buyer of 1305 Kendon be an exception to the agreement. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 MULVIHILL PROPERTY Council acknowledged a memo from Treasurer Shaughnessy recommending that Council authorize the City owned structure at 2183 Highway 55 either be demolished or used for Page No. 3108 September 3, 1991 Fire Department training. It was also recommend that Council authorize capping of the well on the property. Mayor Mertensotto suggested that practice- burning of the structure by the fire department would be acceptable as long as there is a four hour time limit placed on the practice. Councilmember Koch moved to authorize the Fire Department to conduct a fire training session at 2103 T.H. 55 on the condition that the practice be conducted between the hours of 8:00 A.M. and 1:00 P.M. on a Saturday. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 IVY FALLS CREEK Council acknowledged a report from the Public IMPROVEMENTS Works Director regarding a request from Mr. John Brassard, 1205 Sylvandale, for permission to construct bank protection along Ivy Falls Creek adjacent to his property, and a report regarding a complaint from Mr. Norman Lorentzsen, 675 Ivy Falls Court, regarding erosion problems caused by increased storm water flow in the creek. In his preliminary feasibility report, Mr. Danielson recommended that the City complete the work under a public improvement project and assess Mr. Brassard for the bank protection and his share of the stream work. The remaining stream work costs would be held and assessed as part of a comprehensive project in the future. Mr. Danielson informed Council that the water management organization engineer has prepared a report which staff plans to present to Council in October. Mr. Brassard, present for the discussion, informed Council that he is interested in protecting his property by constructing a wall. He explained that when he bought his house it was 35 feet from the creek and now it is 18 feet from the creek. He stated that the creek meanders, which is why he needs to protect his bank, and also that the area around the culvert is extremely dangerous. He informed Council that he is determined to protect his property no matter what the cost or whether the work is done by the City or his own contractor. Page No. 3109 September 3, 1991 Responding to questions from the Council, Public Works Director Danielson stated that it is possible that the project can be constructed this winter. Treasurer Shaughnessy stated that Mr. Brassard has submitted a petition and waiver of hearing for the first phase of the Ivy Falls Creek improvements, and that an assessment can be levied against the Brassard property for his share of the improvements. The balance of this phase of the project could be financed temporarily by the Infrastructure Reserve Fund until the second phase of the project is done. Councilmember Blesener asked whether work should be done to respond to the Lorentzen problem (MH 2 on the preliminary feasibility report drawing) at the same time. Mr. Danielson responded that MH 2 is a very serious situation which needs attention as soon as possible. Councilmember Blesener moved adoption of Resolution No. 91 -60, "RESOLUTION ACCEPTING ( PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR IVY FALLS CREEK STORM WATER IMPROVEMENTS," for the first phase, to include the locations identified as MH -1 and MH -2. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 Staff was directed to advise Mr. Lorentzen of the action taken by Council. CENTEX DEVELOPER'S Council acknowledged a report from the Public AGREEMENT /FINAL PLAT Works Director regarding the proposed Centex developer's agreement and final plat. Representatives of Centex were present for the discussion. Mayor Mertensotto stated that the following language paragraph 5 of the proposed agreement which "seek approval for or" should be stricken. He also stated that the proposed resolutions must be modified so that they refer to Kensington PUD as Kensington PUD Phase II to be consistent with the developers agreement. City Attorney Hart stated that the resolutions should make approval of the developers Page No. 3110 September 3, 1991 agreement conditioned upon stipulation of release of the suit. Administrator Lawell stated that the developers agreement incorrectly describes the trail easement between Lots 6 and 7 as being in Block 1 instead of in Block 3. He also pointed out that at the last meeting Council adding reference to 30 foot building setbacks from Claremont Drive but the language has not been included in the agreement. Councilmember Blesener moved to approve the developer's agreement for Kensington Planned Unit Development - Phase II subject to the following changes: the addition of an item in the first Whereas on page one to link Kensington Phase 2 PUD with the final plats for Kensington PUD 2nd through 5th Additions; deletion of "seek approval for or" from Paragraph 5 on page 5, correction on page 5; paragraph 5 to read "a fifteen (15) foot trail easement between lots 6 and 7, Block 3;" and the addition of "Building to Claremont Avenue - 30 feet" to section a. of paragraph 11 on page 7, and further moved that the agreement shall not be executed by City officials until stipulation and release of the suit is filed. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 91 -61, "RESOLUTION APPROVING FINAL PLAT FOR KENSINGTON PUD 2ND ADDITION," Resolution No. 91 -62, "RESOLUTION APPROVING FINAL PLAT FOR KENSINGTON PUD 3RD ADDITION ", Resolution No. 91 -63, "RESOLUTION APPROVING FINAL PLAT FOR KENSINGTON PUD 4TH ADDITION," and Resolution No. 91 -64, "RESOLUTION APPROVING FINAL PLAT FOR KENSINGTON PUD 5TH ADDITION," all as amended to include an additional paragraph describing the subject addition as being part of the Kensington Phase II P.U.D., subject to correction and specific detail with respect to trail and utility easements on the plats. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 HAGSTROM -KING PARK Council acknowledged a report from Parks Project Manager Guy Kullander regarding bids Page No. 3111 September 3, 1991 received for turf improvements in the Hagstrom-King Park. After brief discussion, Councilmember Blesener moved to authorize the issuance of a purchase order to Hamelwood Construction, Inc., in the amount of $4,638.00 for Hagstrom-King Park turf improvements, the cost to be funded by Park Referendum Issue I (neighborhood park improvements), subject to confirmation that an acceptable reference check has been made on the firm. Councilmember Koch seconded the motion. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned to closed a workshop session for discussion of appointment of an Assistant Fire Chief. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:35 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL September 3, 1991 Concrete License Mid-Minnesota Concrete/Exc., Inc. General Contractors Licenses Arteka Corporation Kindy Construction, Inc. Riviera Homes, Inc. Pete Smith Excavating, Southview Design & Const., Inc. Springline Construction