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1988-08-02 Council minutesPage No. 23 -1 August 2, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 2, 1988 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:32 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the July 5 meeting with correction. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Hartmann CONSENT CALENDAR Councilmember Hartmann moved approval of the consent calendar for the meeting with authorization for execution of all necessary documents contained therein, and with the addition of item 9 h. - CASE NO. 88 -30 Rubin, Variance, granting a nine foot side yard setback variance and a one foot rear yard setback variance for 1303 Sylvandale Road, Lot 9, Block 2, Ivy Falls 2nd Addition, to allow expansion of a two car garage to a three car garage at the home of Mr. and Mrs. Steven Rubin. a. Acknowledgement of the July Code Enforcement Report. b. Acknowledgement of the July 26 Planning Commission minutes. c. Approval of a Change Order to Northland Plaza for Improvement No. 85, Project No. 3, allowing the developer to raise the street grades up to 2 1/2 feet, for sewers, water Ayes: 4 Nays: 0 Ayes: 2 Nays: 2 Mertensotto Blesener CASE NO. 88-19 C.G. REIN Page No. 2403 July 19, 1988 Garden Lane makes more sense than vacating Eugenia. Councilmember Blesener moved to close the hearing. Motion died for lack of a second. Councilmember Witt stated that she is in favor of vacating Eugenia. It was pointed out by the Public Works Director that the hearing notice only included the area of the right-of-way adjacent to the Peyer lot because the request was originally made by Ms. Peyer in connection with her subdivision application.. Councilmember Blesener moved that the hearing be closed at 8:54 P.M. Councilmember Witt seconded the motion. Councilmember Witt moved to adopt the proposed resolution approving the vacation of Eugenia. Councilmember Hartmann seconded the motion. The motion failed for lack of majority. Mayor Mertensotto reviewed the history of the proposed development for the audience. He stated that 34 lots in the Mendakota Estates Planned Unit Development were platted as single family residential and the balance of the land was platted as Outlot A, to be developed into 106 apartment units, and public open space. He informed the audience that C.G. Rein's application is to develop 106 units on Outlot A. He noted that there has been some question raised as to whether the City Attorney had a conflict of interest at the time he rendered to the City Council in 1986 a legal opinion as to approval of a mixed use PUD by conditional use permit. He stated that because of this question, the City has requested and received an opinion from Attorney Tim Kuntz, from the firm of LeVander, Gillen, Miller, Anderson & Kuntz. He then asked Mr. Kuntz to review his Page No. 23 -2 August 2, 1988 and street improvements. d. Adoption of Resolution No. 88 -54, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 2ND ADDITION ". e. Adoption of Resolution No. 88 -55, "RESOLUTION APPROVING THE FINAL PLAT FOR BRIDGEVIEW SHORES 1ST ADDITION ". f. Adoption of Resolution No. 88 -56, "RESOLUTION APPROVING FINAL PLAT FOR COPPERFIELD IV ", subject to side yard easements for utilities being adjusted by the engineering department. g. Adoption of Resolution No. 88 -57, "RESOLUTION APPOINTING 1988 ELECTION JUDGES ". h. Approval of six real estate tax abatements dated July 27, 1988 and as recommended by Assistant County Assessor Peterson, and attached hereto. Approval of the list of contractor licenses dated August 2, 1988 and attached hereto. j. Approval of the list of claims dated August 2, 1988 and totalling $178,105.15. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 LOGO Graphic artist Robyn Huspek was present as Council discussed her various logo presentations. After a brief discussion, Councilmember Hartmann moved approval of the upper left logo, of MH with pine trees, as submitted in the August 2, 1988 Council agenda packets. Mayor Mertensotto seconded the motion. Ayes: 5 Nays: 0 SEAL COAT BID AWARD Councilmember Cummins moved approval of the 1988 seal coat bid award, awarding the contract to Allied Blacktop Company for their low bid of $22,244. Ayes: 5 Nays: 0 BRIDGEVIEW SHORES BID AWARD Page No. 23-3 August 2, 1988 Councilmember Hartmann seconded the motion. Seven bids were received for the Bridgeview Shores public improvements. Councilmember Hartmann moved adoption of Resolution No. 88-58, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE BRIDGEVIEW SHORES 1ST ADDITION (IMPROVEMENT NO. 88, PROJECT NO. 1)". Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CASE NO. 88-15, Mayor Mertensotto noted that this item was PERRON, LOT SPLIT continued from the June 21 meeting, and that staff had researched into other areas of the City where variances had been granted. Mr. and Mrs. Perron, 1940 South Lane, were present for the discussion. City Administrator Frazell reviewed the Perron request for approval of a lot split, of their 185 foot wide lot to allow a new home to be constructed on an 85 foot wide newly created lot. He noted that according to City ordinance language, the "hardship" must be unique to the property, not to the property owners, and that if literally enforce, would deny the property owner any reasonable use of his property. He cited four previous cases of variances that were granted as noted by the Perron's at the previous meeting. Mayor Mertensotto noted his main concern was with setting a precedent in this case if the lot split were approved. He felt that since many of the homes are on large lots, the City may receive many more requests to subdivide the lots to allow construction of a new home, and if this were granted for the Perron's, in the future many more variances would have to be granted. He also pointed out that the subdivision request of Mr. and Mrs. Joseph Schuster, of Bunker Hills, has twice been denied due to the detrimental effect on the character of the neighborhood. Page No. 23 -4 August 2, 1988 Councilmember Blesener said she still supports the case, and felt that the hardship is evident as in the other cases cited. Councilmember Witt felt there was no hardship presented, as required by City ordinances. It was noted that the size of the lot now is the same as it was when the Perron's purchased it. Councilmember Witt moved to deny the requested lot division on the basis that no finding of "undue hardship" which would serve as the basis for the granting of a variance had been demonstrated. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 1, Blesener CASE NO. 88 -28, BARTUSCH, LOT DIVISION Ayes: 5 Nays: 0 CASE NO. 88 -26, HASTINGS, WETLAND PERMIT & VARIANCE Mr. Rollin Crawford, attorney representing Mrs. Florence Bartusch, 1753 Sutton Lane, was present to request a lot division to add three more feet from the rear of the lot behind hers to her lot. Councilmember Cummins moved adoption of Resolution No. 88 -59, "RESOLUTION APPROVING THE LOT DIVISION OF THE EAST 20 FEET OF LOT 4, BLOCK 1, SOMMERSET PARK NO. 3 ", along with waiver of the $335 filing fee. Councilmember Witt seconded the motion. Mr. Crawford also presented this request for a wetlands permit and variance to allow construction of a single family home on Lot 3, Valley Curve Estates for Mr. and Mrs. Thomas Hastings. He noted that the applicant requests a seven foot front yard setback variance from Marie Avenue, which is 1/3 the lot depth, and a wetlands permit to allow construction within 55 feet of the wetlands. Mr. Crawford noted that he will request a utility easement vacation at a later date via a formal application. He also asked that the $250 easement vacation fee be waived. Councilmember Blesener moved approval of a seven foot front yard setback variance and a wetlands permit granting approval to build within 55 feet of the wetlands area, Page No. 23 -5 August 2, 1988 for Lot 3, Valley Curve Estates. Councilmember Cummins seconded the motion, and noted that the applicant should submit the easement vacation fee with the application and the Council would consider waiver of the fee at the time of the easement vacation hearing. Ayes: 5 Nays: 0 CASE NO. 88 -29, Mr. Dick Bjorklund, Jr. was present to BJORKLUND, WETLAND explain the requested variance and PERMIT & VARIANCE wetlands permit for Lot 2, Valley Curve Estates. Councilmember Blesener moved approval of a 14 foot front yard setback variance and a wetlands permit to allow construction of a single family home within 54 feet of the wetlands area on Lot 2, Valley Curve Estates. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 ASSESSMENT ROLLS Mayor Mertensotto opened the meeting for the purpose of a public hearing to consider the proposed assessment roll for Park Place. He asked for questions or comments from the audience. There being no questions or comments, Mayor Mertensotto moved to close the public hearing at 8:25 P.M. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 88 -60, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS, CURB AND GUTTER IMPROVEMENTS TO SERVE PARK PLACE ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 12) ". Councilmember Cummins seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing to consider the proposed assessment roll for the Ponds of Mendota Heights and Rolling Woods. He asked for questions or comments from the audience. Mrs. Mimi Krueckeberg, recent purchaser of Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CURLEY TOT LOT Page No. 23 -6 August 2, 1988 Lot 17, Rolling Woods, asked why the amount was now $10,350, when her real estate agent, Floyd Unruh, told her it would be about $9,000, but no higher than $9,500. There being no further comments or questions, Councilmember Blesener moved to close the public hearing at 8:29 P.M. Councilmember Hartmann seconded the motion. Councilmember Witt moved adoption of Resolution NO. 88 -61, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS, CURB AND GUTTER IMPROVEMENTS TO SERVE THE PONDS OF MENDOTA HEIGHTS, ROLLING WOODS ADDITION, ROLLING WOODS 2ND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 9) ". Councilmember Hartmann seconded the motion. Mr. Dave Ayres was present for the discussion regarding tot lot improvements on Lot 10, Block 1, Curley's Valley View. Mayor Mertensotto expressed his concern over what would happen if the neighbor's disbanded - who would maintain the park and who could the Council contact with their concerns? He felt there should be a default provision in a written developer's agreement so that future council could deal with this property. Councilmember Cummins asked who will mow and maintain the park. He felt the neighbors should be responsible for that aspect. It was determined that the concensus of the Council was to proceed with the proposal by drawing up an agreement with the property owners. Councilmember Witt stated she opposes the proposal, as she has stated on previous occasions. She felt that the City would be creating a substandard size park, there would be increased liability and maintenance, that it was an inappropriate use of City monies, and that this would be setting a terrible precedent. Page No. 23-7 August 2, 1988 Councilmember Hartmann said he does not want to see staff or public works personnel maintaining the park, that this should be the responsibility of the neighborhood association. After further discussion, Council directed staff to draw up an agreement for their review and endorsement. CASE NO. 88-27, Mr. Steven Patrick, 737 Mendota Heights PATRICK, SUB- Road, was present to request approval of a DIVISION subdivision of his 6.75 acre property. He proposes three new lots, plus the lot his present home is on, and an out lot. He plans to sell the lots for single family homes, while maintaining his existing home. This property is located south of Mendota Heights Road, and across the street from the Marvin Anderson Homes single family development. Mr. Patrick noted that Mr. Irving Clark owns property to the west and south of his, and that Centex Homes is planning to build multi-family homes to the east of his site. He described his property as secluded, and very hilly and wooded. Two of the proposed new lots would contain over 20,000 square feet, and the 4th lot would have almost 53,000 square feet of area. Access to Lots 1, 2, and 3 (which is the Patrick residence) would be via a proposed public cul-de-sac on the west side of the Patrick property. Mr. Patrick stated that he has a purchase option on Mr. Irving Clark's to the west, and that Mr. Clark is in favor of developing the remainder of his land, but at present has no plans prepared for future development. Both Mr. Patrick and Mr. Clark noted that the proposed plat shows a temporary cul-de-sac, but that at some time in the future, this could be extended to serve the remainder of the property to the south, east or west. Council advised Mr. Patrick that this property is in airport noise zone IV, and that potential buyers must be made aware of this, and also be advised that the temporary cul-de-sac will be extended in the future. Mayor Mertensotto felt that both Mr. Ayes: 5 Nays: 0 DNR DEER HUNT Page No. 23 -8 August 2, 1988 Patrick and Mr. Clark should be committed to single family homes for this land, not just four single family homes surrounded by multi - family units. Mr. Irving Clark arrived at this point, and noted that multi - family homes are designated for the area along the freeway according to the City's Comprehensive Plan. Mr. Clark also stated that he is receptive to Mr. Patrick's proposal, but that he has no specific plans for development of the remainder of his land. Mayor Mertensotto felt comfortable on the R -1 zoning but wanted to see what is planned for the Clark property also. Mr. Patrick responded that he couldn't purchase more of the Clark property until he is able to sell his proposed three new lots. He noted that he has a purchase option on the Clark property to the west, but not on the south property. Councilmember Hartmann noted that he would like to see a unified treatment of the Clark property, considering what would be developed on both sides. After much discussion about the proposal, Mr. Patrick noted that he had no further interest in the Glewwe home which he had originally planned to move onto one of his newly proposed lots. Councilmember Blesener moved to table this request to the August 16 Council meeting and asked that the developer or owner of the surrounding properties be present for the discussion. Councilmember Cummins seconded the motion. Mr. Jon Parker, DNR, was present to submit a proposal for deer population control in public lands in the Minnesota River Valley, and to seek Council approval of the proposal. The three proposals are for: a. Special Shotgun Hunt, November 5 -6 & 12 -13. b. Archery Hunt, November 14 to December Ayes: 5 Nays: 0 Page No. 23 -9 August 2, 1988 31. c. Sharpshooting, January through March, 1989. Councilmember Cummins moved approval of the proposal as submitted by Mr. Parker of the Department of Natural Resources. Councilmember Hartmann seconded the motion. It was Council concensus that Mr. Parker present more detail about the proposed citizens task force at a later meeting. CASE NO. 88 -24, The applicant was not present for the PEYER, LOT SPLIT discussion, therefore Councilmember Cummins moved to table action on this request to the August 16 meeting and if the applicant is not present, to move to deny the requested lot split. Mayor Mertensotto seconded the motion. Ayes: 5 Nays: 0 FEASIBILITY REPORT Council acknowledged receipt of the COPPERFIELD IV feasibility report for improvements to serve the Copperfield IV plat. Councilmember Hartmann moved adoption of Resolution No. 88 -62, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS TO SERVE COPPERFIELD IV AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 2) ". Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 WATER CONNECTION REQUEST, SWANSON Councilmember Blesener moved adoption of Resolution No. 88 -63, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE COPPERFIELD IV AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO 2) ". Councilmember Witt seconded the motion. The Council acknowledged receipt of a request from Mr. Burt Swanson, 1720 Delaware Avenue, West St. Paul, to be allowed to connect to the Mendota Heights waterline located in Delaware. Councilmember Hartmann moved to approve the Ayes: 5 Nays: 0 KENSINGTON PUD EXTENSION Ayes: 5 Nays: 0 PERSONNEL Page No. 23-10 August 2, 1988 concept of Alternate #2, in Public Works Director Danielson's memo dated July 28, 1988, which would cost Mr. Swanson $2,244 to hook up to City water. Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of an extension to the developer's agreement for the Kensington Planned Unit Development, with an extension to December 31, 1988, subject to approval by the developer. Councilmember Witt seconded the motion. Councilmember Witt moved to approve the permanent status appointment of Police Officer Dona Currie, effective August 3, 1988. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CITY HALL STREET Council acknowledged a memo from the City NAME Administrator asking for a new name for the street that the new city hall is located on. Administrator Frazell noted that several property owners will be affected by any proposed name change. It was Council concensus that the affected neighbors should be invited to the August 16 Council meeting for their input and suggestions. SPECIAL MEETING Fire Chief John Maczko requested an information meeting with Council to go over long-range plans for the department. Council felt that the meeting should be conducted on Tuesday, August 16, at 6:30 P.M. at the Fire Station. CITY HALL ART Councilmember Blesener moved to approve an expenditure of $6,500 to purchase 24 pieces of artwork for the new City Hall. Councilmember Cummins seconded the motion. Ayes: 3 Nays: 2, Hartmann and Mertensotto MISCELLANEOUS Councilmember Cummins felt that the parks should contain signs reminding persons of ADJOURN Ayes: 5 Nays: 0 Page No. 23 -11 August 2, 1988 the City's recently adopted dog waste removal ordinance. Councilmember Blesener noted a concern from a resident over purple loosestrife in the area of Dodd and TH 110. She also asked if staff could cut down the dead trees in the ponds now that the water level is so low. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to 6:30 P.M. August 16, at the Fire Station. Councilmember Cummins seconded the motion. TIME OF ADJOURNMENT: 10:23 o'clock P.M. Charles E. Mertensotto, Mayor ATTEST: Mary £;'n DeLaRosa Deputy City Clerk ABATEMENTS -- Real Estate: Approved Lawrence Wenzel #27- 16400 - 250 -00 Mendota Heights, City of Robert Spurr #27- 49200- 020 -02 Mendota Heights, City of Leo Culligan #27- 81250- 010 -02 Mendota Heights, City of Leo Culligan #27- 81250- 020 -02 Mendota Heights, Cityof Lawrence Culligan #27- 81251- 010 -00 Mendota Heights, City of Johnson Brother Corp. #27- 40100 - 035 -00 Mendota Heights, City of #27- 40100 - 030 -00 July 27, 1988 The house was burned dcwn by the Mendota Heights fire Dept. for practice purposes in the spring of 1986. The value therefore, should be reduced to land only. The estimated market value should be reduced form $44,500 to $21,000. The assessed value should be reduced from 12m460 to $8,400. Full depth, full width shed dormer was put on full value as complete for 1987 values. It is still only 35% complete as of May 19, 1988. The estimated market value should be reduced from $83,300 to $78,900. The assessed value should be reduced from 16,724 to $14,503. Upon review the properties were found to be unbuildable until the reconstruction of Hwy 110 per the Mendota Heights Public Works Director. The 1985 estimated market value should be reduced from $4,900 to $2,300. The assessed value should be reduced from $1,960 to $920. The 1986 estimated market value should be reduced from $8,000 to $2,300. The assessed value should be reduced from $3,200 to $920. The 1987 estimated market value should be reduced from $8,400 to $2,300. The assessed value should be reduced from $3,360 to $920. The estimated market value should be reduced from $4,900 to $2300 for 1985. The assessed value should be reduced from $1,960 to $920. The 1986 estimated market value should be reduced from $8,000 to $2,300. The assessed value should be reduced from $3,200 to $920. The 1987 estimated market value should be reduced from $8,400 to $2,300. The assessed value should be reduced from $3,360 to $920. Upon review of the property it was found to be unbuildable until the reconstruction of Highway 110 per the Mendota Heights Public Works Director. The 1985 estimated market value should be reduced from $29,700 to $10,400. The assessed value should be reduced from $8,613 to $3,016. The 1986 estimated market value should be reduced from $32,800 to $10,400. The assessed value should be reduced from $9,184 to $2,912. The 1987 estimated market value should be reduced from $37,700 to 10,400. The assessed value should be reduced from $10,556 to $2,808. Property was not revalued when put on the tax rolls. Property was exempt in 1986. The 1987 estimated market value should be reduced from $60,000 to $500. The assessed value should be reduced from $24,000 to $200. On the second parcel the estimated market value should be reduced from $30,000 to $900. The assessed value should be reduced from $12,000 to $360. LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON AUGUST 2, 1988 Excavating Licenses: Associated Enterprises of Lake Elmo Klamm Mechanical Contractors, Inc. Gas Piping Licenses: Al's Heating & Air Conditioning Smith Heating & Air Conditioning, Inc. General Contractor Licenses: A-1 Roof Doctor Applied Roofing Systems, Inc. Dundee Nursery & Landscaping Company E.T. Hughes Construction, Inc. Fence Specialist Imperial Developers Rainflow Systems Heating & Air Conditioning Licenses: Al's Heating & Air Conditioning Krinkie Heating & Air Conditioning