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1987-08-04 Council minutesPage No. 2143 August 4, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular meeting Held Tuesday, August 4, 1987 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, 750 South Plaza Drive, 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 and Hartmann. Councilmember Witt had notified the Council that she would be late. Councilmember Cummins had notified the Council that he would be out of town. AGENDA ADOPTION Ayes: 3 Nays: 0 Councilmember Hartmann moved adoption of the amended agenda for the meeting. Councilmember Blesener seconded the motion. APPROVAL OF Councilmember Hartmann moved approval of the minutes of MINUTES the July 21st meeting with the following corrections: that Councilmember Cummins statement with regard to protection of the City's long-term interest (in location of an athletic complex at the Sibley High School site) be corrected to read "the City to take title to Lots 1, 2 and 3; that discussion on the Northland Drive Railroad Crossing should reflect that the Council also desires to review the need for a crossing and that staff was directed to request that a representative of United Properties be present for the next discussion on the issue to state the reasons the crossing is needed; and Councilmember Hartmann's comments regarding a sight obstruction on Dodd Road at Evergreen be corrected to reflect that the sight obstruction on Dodd Road should be cleared, and that Mn/DOT should be requested to move a traffic control sign located on Dodd Road south of Evergreen Drive. Councilmember Blesener seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for Ayes: 3 Nays: 0 DEER HUNT STORM DAMAGE Page No. 2144 August 4, 1987 execution of all necessary documents contained therein. a. Acknowledgment of the minutes of the July 28th Planning Commission meeting. b. Acknowledgment of the Fire Department monthly report for June. c. Acknowledgment of the Code Enforcement monthly report for July. d. Acknowledgment of a letter from the Dakota County HRA regarding the CDBG Rehabilitation program. e. Approval of the list of contractor licenses dated August 4, 1987 and attached hereto. f. Approval of the List of Claims dated August 4, 1987 and totalling $224,885.91. Councilmember Hartmann seconded the motion. Council acknowledged a letter from Mr. Jon Parker, of the DNR, regarding proposed regulations for a Fort Snelling State Park and Minnesota Valley National Wildlife Refuge deer hunt for 1987. Mr. Parker was present for the discussion and answered Council questions. City Engineer Klayton Eckles gave the Council an oral report on the costs of storm damage and the status of repairs. FIRE PREVENTION The Council acknowledged a proposed summary publication CODE of the Fire Prevention Code. Councilmember Blesener moved adoption of Resolution No. 87-72, "A RESOLUTION REGARDING PUBLICATION OF A SUMMARY OF ORDINANCE NO. 239, ORDINANCE FOR ADOPTING THE MINNESOTA UNIFORM FIRE CODE AND THE NATIONAL FIRE CODE BY REFERENCE," and authorization for publication of the summary prepared by the City Attorney. Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 0 Page No. 2145 August 4, 1987 NORTH END STREETS Council acknowledged the proposed North End Street assessment roll. Councilmember Hartmann moved adoption of Resolution No. 87 -73, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR STREET IMPROVEMENTS AND APPURTENANCES TO SERVE CHIPPEWA AVENUE, ELLEN STREET, GARDEN LANE, HIAWATHA AVENUE, FREMONT AVENUE, MUNICIPAL STATE AID PROJECT NO. 140 - 108 -01 AND ADJACENT AREAS (IMPROVEMENT NO. 79, PROJECT NO. 3)," the hearing to be conducted on Ayes: 3 September lst. Nays: 0 Councilmember Blesener seconded the motion. ASSESSMENT HEARINGS Councilmember Blesener moved adoption of Resolution No. 87 -74, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR VALLEY CURVE ESTATES (IMPROVEMENT NO. 86, PROJECT NO. 5)." Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 87 -75, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR SPRING CREEK ACRES (IMPROVEMENT NO. 87, PROJECT NO. 1)." Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 87 -76, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR DEER TRAIL HILLS (IMPROVEMENT NO. 86, PROJECT NO. 10)." Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 87 -77, "RESOLUTION CALLING FOR HEARING FOR YORKTON CENTRE POINTE SOUTH AND ADJACENT AREAS IMPROVEMENTS (IMPROVEMENT NO. 87, PROJECT NO. 4)." Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 0 DELINQUENT The Council acknowledged and discussed a memo from the PAYMENTS Treasurer and Clerk regarding delinquent park contribution and deferred assessment obligations. It was the consensus of Council that policy review is needed and that final plat execution should not occur until all outstanding debts have been collected. Ayes: 2 Nays: 0 Abstain: 1 Blesener HEARING -- EVERGREEN KNOLLS SECOND ADDITION ASSESSMENT ROLL Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 CASE NO. 87 -18, BJORKLUND /HANSON Page No. 2146 August 4, 1987 Mayor Mertensotto moved that staff be authorized to withhold building permits and certificates of occupancy for construction underway for structures in the Eide Estates, Spring Creek Acres, Warrior Ponds, Yorkton Centre Pointe South and Dupont Additions until outstanding park contributions and deferred assessments are paid. Councilmember Hartmann seconded the motion. Attorney Hart stated that with respect to the Eide and Dupont plats the issue of lot ownership keeps coming up and that it might be that Council may wish to initiate independent law suits to recover the delinquencies. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for Evergreen Knolls Second Addition improvements. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed at 8:12 P.M. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 87 -78, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWERS, WATERMAINS, STORM SEWERS AND STREET IMPROVEMENTS TO SERVE EVERGREEN KNOLLS SECOND ADDITION, AND THE ADJACENT KLADIS PROPERTY (IMPROVEMENT NO. 86, PROJECT NO. 2)." Councilmember Blesener seconded the motion. Mr. Richard Bjorklund and Mr. Leroy Hanson were present to request approval of the preliminary plat for the subdivision of 11.61 acres located west of Warrior Drive, north of T.H. 110. Mr. David Hansing, the project engineer, reviewed the proposed plat. There were Council questions and discussion over the bubble in the curb on Henry Circle and the release of right -of -way from the School District. Mayor Mertensotto expressed concern over the proposed building pad for Lot 21, stating that it is a possibility that Page No. 2147 August 4, 1987 someone might build a large home on the top of the hill, which he felt would not be conducive to development of the plat. Mr. Hanson stated that he and Mr. Bjorklund do not intend to sell the lots for development, but rather, that they intend to build all of the homes and will therefore have control over construction on the lot. He also stated that he and Mr. Bjorklund agree to the condition that no driveways will extend directly to Warrior Drive. Mayor Mertensotto asked Planning Commission Chairperson Morson why the Commission vote was four to two for approval. Mr. Morson stated that two members voted against approval because they were concerned about the frontages and would like to see one lot removed to provide more frontage for the remaining lots. Councilmember Blesener stated that the frontages at the forty -five foot building setback range from 77 to 86 feet and felt that ten foot sideyards are not sufficient. She stated that there should be some way to establish control over the sizes of the homes in relation to the sidelots. Mr. Hansing stated that he has tried to retain as much of the wooded area as possible and that in the original plan there were the same number of lots with larger areas but they were not nearly so desirable. He stated that creating larger widths at the setbacks is not as simple as just removing a lot, that everything works within a system and that the plan is the result of lots of manipulating and moving the lot lines around. Councilmember Blesener stated that Lot 23 is really tight and that she is very concerned about the open space between structures. She also expressed concern over drainage. In response, Mr. Hansing explained the proposed solution to the drainage problem. Mr. Hansing stated that all of the lots exceed 15,000 square feet and many are very large. He stated that it would be an economic hardship to remove a lot and that removal of a lot would cause a severe impact on the project. He felt that the proposed plat would provide beautiful homesites. Ayes: 4 Nays: 0 CASE NO. 87 -19, HALLEY Page No. 2148 August 4, 1987 Mr. Bjorklund stated that there will be a mix of housing styles including two -story homes which will be only 62 feet wide. He stated that the property is extremely difficult to work with because of the severe banks and the need to eliminate driveway entrances from Warrior Drive. He stated that it is necessary for him to keep 25 lots in the plat and that if he must redesign it to retain 25 lots he would have to propose 3 cul -de -sacs. He stated that he would much prefer to retain the proposed plat than to propose a plat with three cul -de- sacs and 100 foot frontages and 15,000 square foot lots. He pointed out that he and Mr. Hanson will be building all of the homes and that there are many ways to design houses to create space on the lot, that he does not want to stretch the homes out to ten feet from the sidelot lines. Councilmember Blesener suggested that Council could ask the developers to provide covenants requiring an increased sideyard setback. She further suggested that action be tabled until the next meeting when the full Council will be present. Councilmember Witt arrived at 9:50 P.M. Councilmember Blesener moved to table the matter to the August 18th meeting. Councilmember Hartmann seconded the motion. Staff was directed to research Council minutes relating to minimum setbacks in the Copperfield Additions. Mr. Michael Halley was present to request approval of variances for entrance monuments and a neighborhood playground area in Park Place. He stated that he would like to install brick and wrought -iron six foot tall entrance monuments, 50 feet from Wachtler. He also stated that his attorney will prepare an association agreement on ownership and maintenance of Lot 9 (playground area) and the entrance monuments and plantings around the monuments, the pond and the islands. In response to a question from Councilmember Witt, Mr. Halley stated that the association will be required to carry liability insurance for both the monuments and playground. There was considerable discussion over placement of the monuments. Mr. Morson reviewed the Planning Commission Ayes: 3 Nays: 1 Witt Ayes: 4 Nays: 0 ATHLETIC COMPLEX Ayes: 4 Nays: 0 Page No. 2149 August 4, 1987 discussion on the matter. After discussion, Councilmember Blesener moved that a variance be granted to install entrance monuments in the requested locations at a maximum height of five feet and on the condition that the developer agrees that no plantings in front of the monuments will exceed a mature growth of two feet. Councilmember Hartmann seconded the motion. Council acknowledged comments from Planner Dahlgren relative to the proposed playground area layout. Mayor Mertensotto pointed out that it should be stipulated that if the playground is not maintained, the City should have the authority to either order its maintenance or its removal. It was Council consensus that the plat covenant must stipulate that the association will maintain the area or the City will have the right to request maintenance or removal. After discussion, Councilmember Blesener moved to accept the site plan as submitted and to approve the variances to allow construction of the accessory structures conditioned upon restrictive covenants, to be prepared by the developer and approved by the City Attorney, containing requirements for maintenance or removal of the facilities. Councilmember Hartmann seconded the motion. Council acknowledged and discussed a report from Planner Dahlgren regarding plans submitted by Tandem Development relative to location of an athletic complex on the Riley property. Councilmember Blesener moved to authorize staff to execute an agreement with Barton - Aschman for preparation of an evaluation of the loop - street plan submitted by Tandem and recommended by Planner Dahlgren, at a cost not to exceed $1,500. Councilmember Hartmann seconded the motion. MISCELLANEOUS Ayes: 4 Nays: 0 NO PARKING Ayes: 3 Nays: 1 Mertensotto COUNCIL COMMENTS ADJOURN Page No. 2150 August 4, 1987 Council acknowledged receipt of a letter from Mr. Ray Elias, 706 Cheyenne Lane, requesting a reduction in his quarterly sewer bill and an associated report and recommendation from the City Clerk. Mr. Elias, present for the discussion, stated that he has read and support the recommendation. Councilmember Hartmann moved to use the summer quarter water usage for 706 Cheyenne Lane as the basis for 1987 quarterly sewer billings. Councilmember Witt seconded the motion. Council acknowledged and discussed a letter from Mr. & Mrs. Richard Koscielak and Mr. & Mrs. Rueben Karsten for no parking signs on Garden Lane, and an associated recommendation from the Police Chief. Mayor Mertensotto stated that he believes the request is justified based on the situation but felt that it would be appropriate to restrict parking between the hours of 4 P.M. and 2 A.M., and to reconsider the request if that ban is not effective. He stated that he has spoken to Chief Delmont and that the Chief would support suggestion. After discussion, Councilmember Blesener moved to authorize the posting of "No Parking" signs on both sides of Garden Lane from Highway 13 to a point approximately half way to Hiawatha. Councilmember Witt seconded the motion. Council acknowledged a memo from Public Works Director Danielson relative to the Mendota Interchange. Councilmember Blesener stated that there is erosion on Lexington Avenue close to the pond and asked that include this area in the storm damage report. Councilmember Hartmann asked for the timetable on completion of the house moved to Hiawatha and Chippewa and also the house on Knob Road. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:45 P.M. ATTEST: Charles E. Mertensotto Mayor Page No. 2151 August 4, 1987 athleen M. Swanson City Clerk LIST OF CONTRATORS TO BE APPROVED BY CITY COUNCIL ON AUGUST 4, 1987 Gas Piping License: Bowler. Company General Contractor Licenses: Joesph Miller Construction Kasprowicz Construction Keehn Brothers, Inc. Metro Summit Builders, Inc. Ott & Son Excavating, Inc. Ozmun-Pederson, Inc. Prairie Fire, Inc. W.K. Construction Heating & Air Conditioning Licenses: Bowler Company General Sheet Metal Corp. Masonry License: Vern Craven Masonry