Loading...
1987-04-07 Council minutesPage No. 2412 April 7, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 7, 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, Cummins, Hartmann. Councilmember Witt had notified the Council that she would be late. AGENDA ADOPTION Ayes: 4 Nays: 0 Councilmember Cummins moved adoption of the agenda for the meeting, including items contained in the add-on agenda. Councilmember Hartmann seconded the motion. ( ) APPROVAL OF Councilmember Hartmann moved approval of the MINUTES minutes of the March 17th meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, as modified to place item 8.a.1/2 of the add-on agenda (Spring Creek Acres/Valley Curve bid consideration) on the consent calendar, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the minutes of the March 24th Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for March. c. Acknowledgment of the Treasurer's report for March. Page No. 2413 April 7, 1987 d. Acknowledgment of a letter from Mn/DOT regarding installation and maintenance of traffic signals at the 1-494 north and south ramps at Pilot Knob Road. e. Approval of the list of contractor licenses dated April 7th and attached hereto. f. Approval of the list of Rubbish Hauler licenses dated April 7th and attached hereto. Approval of the list of cigarette licenses dated April 7th and attached hereto. g. h. Approval of the List of Claims dated April 7, 1987 and totalling $181,465.52. i. Acknowledgment of a letter from City Planner Howard Dahlgren and a proposed timeline for preparation of the Highway 55 Corridor Study. j. Adoption of Resolution No. 87-29, "RESOLUTION REJECTING BIDS FOR IMPROVEMENTS TO SERVE SPRING CREEK ACRES (IMPROVEMENT NO. 87, PROJECT NO. 1) AND VALLEY CURVE ESTATES (IMPROVEMENT NO. 86, PROJECT NO. 5)." k. Adoption of Resolution No. 87-30, "RESOLUTION AUTHORIZING READVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE SPRING CREEK ACRES (IMPROVEMENT NO. 87, PROJECT NO. 1)." 1. Adoption of Resolution No. 87-31, "RESOLUTION AUTHORIZING READVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE VALLEY CURVE ESTATES (IMPROVEMENT NO. 86, PROJECT NO. 5)." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 ) PARK BOND Park Commission Chair Jim Stein and Vice Chair Bob REFERENDUM Doffing were present to discuss the status of the proposed park referendum in light of the School Board's March 31st rejection of the proposal. They recommended that the Council rescind its action calling the referendum and hold a joint meeting Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 DUMP TRUCK BIDS Ayes: 5 Nays: 0 HEARING: STRATFORD WOODS IMPROVEMENTS Page No. 2414 April 7, 1987 with the Park Commission to determine how to proceed and whether it is feasible to proceed with an athletic complex. After discussion, Councilmember Cummins moved adoption of Resolution No. 87-31, "RESOLUTION RESCINDING RESOLUTION NO. 87-23," the resolution calling for election on general obligation bonds. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved to Council/Park Commission meeting April 21st. Councilmember Blesener seconded conduct a joint at 7:30 P.M. on the motion. Public Works Director Danielson reviewed his memo regarding bids received for the purchase of a dump truck cab and chassis and for a dump body, plow and wing. Councilmember Blesener moved to accept the bids and authorize purchase of a plow, wing, sander and dump body from Boyum Equipment for $26,637.00 and the purchase of a cab and chassis from North Star International for their $34,550.00 trade-in alternate. Councilmember Cummins seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on proposed sanitary sewer, water, street and storm sewer improvements to serve the Stratford Woods Addition and adjacent areas. The Council acknowledged a letter from Mrs. Angeline McDonald objecting to assessments projected to be assessed against her property. Mayor Mertensotto asked for questions and comments from the audience. In response to a question from Mrs. McDonald's legal counsel, Public Works Director Danielson stated that the McDonald property is a long parcel Ayes: 4 Nays: 0 HEARING: PARK ( PLACE EASEMENT VACATION Page No. 2415 April 7, 1987 fronting on Victoria and can be divided to create one or two new lots. He explained the method used in calculating the proposed McDonald assessment. Mrs. McDonald's legal counsel stated that she objects to the project. He stated that she had not objected to the plat because she understood from conversations with the developer, Terry Dobie, that she would have no assessments, but now there are considerable assessments proposed for her. He stated that the lot is 350 by 150 feet. He stated that in conversations with Mr. Danielson he understands that the amount has been reduced to one assessment which could be deferred. He stated that Mrs. McDonald has agreed to his suggestion to divide the westerly 110 feet of the property to create a new lot to be platted in the Dobie subdivision so that she doesn't have to worry about assessments. He asked that the plat be amended to include the proposed lot. Mr. Dobie informed the Council on boundary problems discovered as the result of the survey of his property. He stated that the corners are four feet from where Mrs. McDonald feels her property corners are. He stated that he intends to resolve the boundary dispute with the owners of the property to the south of his plat. Mrs. Christensen, 1945 South Victoria, stated that four feet of her property is also in dispute and she objects to the project on that basis. After discussion, Councilmember Blesener moved to continue the hearing on the Stratford Woods proposed improvements to May 5th and to direct Mr. Dobie to resolve the problems over boundary lines prior to that meeting. Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application for the vacation of a watermain easement in the Park Place plat. Mayor Mertensotto asked for questions and comments Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 BOND EXEMPTION, WINGE Page No. 2416 April 7, 1987 from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed at 8:10 P.M. Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Resolution No. 87-32, "RESOLUTION APPROVING VACATION OF A UTILITY EASEMENT." Councilmember Blesener seconded the motion. Mr. & Mrs. Gene Winge were present to request an exemption from the provision of the house moving ordinance which requires submission of a performance bond. Mrs. Winge stated that they have purchased a new home constructed by the Hennepin County Vo-Tech which they plan to have moved onto a lot they own on Knob Road. She stated that the house is completely finished outside and inside and that they will have to put in a foundation and install plumbing and heating. She stated that the performance bond required by the ordinance would cost $10,000 and that they could not afford to proceed with their plans if they have to provide the bond. The Council acknowledged a letter from the Winges' and a report and recommendation from the Code Enforcement Officer. Mayor Mertensotto cautioned them to be sure that their mover provides them with a copy of his insurance policy which should hold them harmless and to be sure that the City is insured under the policy. Councilmember Hartmann stated that there have been at least two occasions where houses have been moved and have been left in an unfinished state for over 1 1/2 years He pointed out that City ordinances require that a garage be constructed and expressed concern that there be some agreement between the applicants and the City which spells out a timetable for finishing the home and garage. Ayes: 5 Nays: 0 HEARING: ZONING ORDINANCE AMENDMENT Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING: AIRCRAFT NOISE ORDINANCE Ayes: 5 Page No. 2417 April 7, 1987 Councilmember Witt arrived at 8:12 P.M. Councilmember Cummins moved to waive the requirement for a performance bond on the condition that the applicants comply with all conditions required by staff and execute an agreement, to be prepared by staff, stipulating the conditions and a timetable for completion. Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on a proposed amendment to Section 13.2 of the Zoning Ordinance to allow kenneling at animal hospitals. The Council acknowledged a report and recommendation from the Public Works Director. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 8:17 P.M. Councilmember Blesener seconded the motion. Councilmember Cummins moved adoption of Ordinance No. 231, "AN ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE." Councilmember Blesener seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on adoption of the proposed aircraft noise ordinance. He informed the audience that Councilmember Cummins will not be able to be present for the entire discussion and has asked that the hearing be continued. Councilmember Cummins moved to continue the hearing on the proposed aircraft noise ordinance to April 22nd at 8:30 P.M. Councilmember Blesener seconded the motion. Nays: 0 CASE NO. 87 -01, SCHWEIGER Ayes: 5 Nays: 0 CASE NO. 87 -06, ADRIAN Ayes: 4 Nays: 0 CASE NO. 87 -07, KILBURG Page No. 2418 April 7, 1987 On the recommendation of the Planning Commission, Councilmember Hartmann moved to grant a 2.7 foot rear yard setback variance at 2291 Ocala Court to allow the addition of a screen porch 27.3 feet from the northwesterly property line. Councilmember Witt seconded the motion. Councilmember Cummins was excused from the meeting at 8:27 P.M. Mr. Ed Adrian was present to request approval of his application for 30 foot front yard setback variance at 1549 Dodd Road to allow the reconstruction of an existing breezeway. After discussion, Councilmember Witt moved approval of a 30 foot front yard setback at 1549 Dodd to provide a zero foot setback to allow reconstruction of an existing breezeway, subject to any conditions imposed by staff. Councilmember Hartmann seconded the motion. Mr. James Kilburg was present to request approval of a 32 foot front yard setback variance at 819 Cheri Lane to allow construction of a new home 40 feet from the front property line. Mr. Kilburg stated that there is a large black walnut tree at the back of the lot and that he had designed his plans to build around the tree. He informed the Council that although the Planning Commission has recommended only a 12 foot variance, (a 60 foot setback) he would still like the 32 foot variance for which he applied. He stated that there are 300 feet between his proposed home and the next home, and he informed Council on existing setbacks in the neighborhood. He stated that a fifty foot setback would keep the home away from the root structure of the tree, and that at the 60 foot setback, the structure would be 15 feet from the tree. Mayor Mertensotto felt that if Mr. Kilburg disagrees with the Planning Commission recommendation he should go before the Commission Ayes: 4 Nays: 0 MARRIOT LIQUOR LICENSE APPLICATION Ayes: 4 Nays: 0 RATCHYE PROPERTY DEFERMENT REQUEST Page No. 2419 April 7, 1987 again to ask for reconsideration. He indicated that he would like to begin construction soon and cannot delay until after the next Commission meeting. After discussion, Councilmember Blesener moved to grant a variance to the front yard setback at 819 Cheri Lane on the condition that the house and garage are no more than 20 feet in front of the black walnut tree and that the house is no closer than 50 feet from the front property line. Councilmember Witt seconded the motion. The Council acknowledged receipt of a preliminary report from the City Clerk on an application for on-sale limited service hotel liquor license from the Marriott Corporation. The Council discussed a recommendation from the Clerk to authorize Police Chief Delmont to conduct an out-of-state investigation by visiting a similar Marriott facility to determine that the limited service hotel license is appropriate. Councilmember Hartmann moved to establish a public hearing on Marriott's application for liquor license for April 22nd and to authorize Police Chief Delmont to conduct an out-of-state investigation. Councilmember Blesener seconded the motion. The Council acknowledged and discussed a memo from Public Works Director Danielson relative to a request from Mr. & Mrs. Boyd Ratchye for deferment of a portion of the assessments which will be proposed in the assessment roll for the Rolling Woods Subdivision in 1988. Mr. Danielson explained that the Ratchyes have a prospective buyer for their large parcel of property and a concensus of the Council that the assessments in excess of the amount attributable to a single lot will be deferred will resolve some difficulties the owners have had in marketing the property. It was the concensus of the Council to direct staff COUNCIL COMMENTS Page No. 2420 April 7, 1987 to write a letter to the Ratchyes indicating that it would take no action to commit a future Council to a decision but that it has been past practice that property owners may request deferments at the time of assessment hearings and that it is Council's practice to consider and take action on the requests at the hearings. Councilmember Witt informed the Council that she would be late to the April 21st joint meeting with the Park Commission. Public Works Director Danielson responded to questions from Councilmember Blesener about upgrading of Wagon Wheel Trail. Public Works Director Danielson responded to questions from Councilmember Witt about filling being done on the former Callahan property on Marie at Dodd. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. I ( Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:13 P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON APRIL 7, 1987 Excavating License: JMS Contracting, Inc. Glenn Rehbein Excavating, Inc. Roseville Plumbing and Heating Ryan Plumbing and Heating Sauve and Parenteau Sewer and Water Valley-Rich Company, Inc. General Contractor's License: Boschee Homes, Inc. Crawford-Merz Construction Company Custom Pools, Inc. Hayes Contractors, Inc. Industrial Sprinkler Corporation Midwestern Mechanical Minar Construction North Star Services Nu-Home Construction Providence Builders Corporation Jim Stevens Construction, Inc. Twin City Fireplace Company Masonry License: E.M. Kjeseth Masonry Construction, Inc. Sta-Lor Masonry Twin Cities Concrete Systems 1987 Rubbish Hauler Licenses: Action Disposal System, Inc. Mendota Hts. Rubbish Service Poor Richard's, Inc. Tom Thumb Food Markets 1987 Cigarette Licenses to be Approved by Council Country Club Market, Inc. Fischer's Towing Par 3 Golf, Inc. SOS Convenient Mart Tempco Manufacturing Texaco Tom Thumb Food Markets