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1986-06-03 Council minutesPage No. 2524 June 3, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 3, 1986 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 Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of the agenda for the meeting including additional items contained in the add -on agenda. Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of the minutes of the Board of Review meeting with correction. Councilmember Cummins seconded the motion. Councilmember Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, with the exception of Item b, Acknowledgment of Planning Commission Minutes along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the minutes of the May 13th Park and Recreation Commission meeting. c. Acknowledgment of the Code Enforcement monthly report for May. d. Approval of the list of contractor licenses dated June 3, 1986 and attached hereto. e. Acknowledgment of a letter from Ms. Margaret Perron concerning LeMay Lake. f. Approval of the List of Claims dated June 3, 1986 and totalling $163,759.35. Councilmember Witt seconded the motion. HEARING ON STREET VACATION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 EVERGREEN KNOLLS FEASIBILITY REPORT Page No. 2525 June 3, 1986 Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Mr. and Mrs. Steve Carlson for the vacation of a portion of Clement Street. He asked for questions and comments from the audience. Mr. Carlson stated that he has spoken to his neighbors and that they indicated that they do not want a street constructed on the right -of -way and are in favor of the vacation request. Mr. Carlson informed the Council that he would like to build a garage and cannot do so on the Clement Street side of his lot unless the vacation is approved. Mr. West, 695 W. Wentworth, was present as a representative of the Somerset 19 Board, and stated that the association is in favor of the vacation. Public Works Director Danielson informed Council that City sewer, water and trail are within the right -of- way and that the City would need to receive easement agreements from adjoining property owners before the vacation can be accomplished. In response to a question from Mayor Lockwood, he stated that he could foresee no other public need for the right -of -way. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Councilmember Cummins moved the adoption of Resolution No. 86 -40, "RESOLUTION APPROVING VACATION OF CLEMENT STREET RIGHT -OF -WAY LOCATED BETWEEN 3RD AVENUE AND WENTWORTH AVENUE," subject to receipt of the application fee and easements for utility and trail right -of -way from adjoining property owners. Councilmember Witt seconded the motion. The Council acknowledged and discussed the feasibility report for proposed improvements to serve the Evergreen Knolls 2nd Addition. After discussion, Councilmember Cummins moved adoption of Resolution No. 86 -41, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO Ayes: 5 Nays: 0 DARSOW FARM Page No. 2526 June 3, 1986 SERVE EVERGREEN KNOLLS 2ND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 6)." Councilmember Hartmann seconded the motion. Council acknowledged receipt of memos from the City Administrator and City Attorney regarding preservation of the Darrow Farm. Mayor Lockwood pointed out that as the result of discussion at an earlier Council meeting, Ms. Kalista Laudon was to bring a progress report and answers to several questions to the Council this evening. Ms. Laudon stated that she has nothing formal for the Council this evening. She informed Council that she has spoken to people about restoration costs and she also informed Council on a Brooklyn Park historic project. She stated that the Brooklyn Park project is a living farm museum, that the structure is not on the historic register, and that the program runs at a deficit. Mayor Lockwood pointed out the Tandem Development has hired a historical consultant recommended by the Minnesota Historical Society. He stated that the City does not have machinery in place to proceed with Ms. Laudon's proposal, nor does it have financing to acquire the land and refurbish the buildings. He suggested that the best approach might be to do nothing until a report is received from the Historical Society, and that if the Historical Society finds that there is no historical value, the Council shouldn't either. Mr. Scott Miller, 1021 Wagon Wheel Trail, stated that he has been asked to appear on behalf of Ms. Laudon. He informed Council that he is a contractor and specializes in restoration of older homes. He stated that restoration of the structures would cost between $50,000 and $70,000. He felt that the structures should be saved, that the City needs park land and the Darsow Farm should be saved as a working, living farm museum. In response to a comment from Councilmember Cummins, Mr. Miller stated that there are variables in estimating the restoration cost and that the cost would depend on what kind of period restoration is done: his estimated would bring the buildings into shape. Representatives of the Minnesota Waldorf School, Mr. Paul Burgh and Mr. Peter Quinn, were also present for the discussion. They indicated that they have been Page No 2527 June 3, 1986 interested in the property for several years. They described the school, stated that their philosophy is the preservation of natural resources and land and indicated that while they know little about how historical value is determined, if the City decides to declare the house as a historic property they would be interested in supporting and helping to build a park around the house as part of development of a plan for a school. Mr. Quinn stated that the school representatives are actively looking for land, that the school is financially stable, and that it has a building fund approaching six figures. He stated that if the Council is willing to step in to preserve the structures, they would be interested in building a school on the property and maintaining the farm. Tn response to Councilmember Cummins' question on whether they had explored other possible sites, Mr. Quinn stated that they are looking for property in the $10,000 to $15,000 range and the School District 197 representatives they have met with have indicated that the District property is priced at $25,000 per acre. Councilmember Cummins asked Ms. Laudon whether she had talked to anyone about financing. She responded that she had talked to the Waldorf School people and that their proposal to build an earth sheltered school in conjunction with a living farm sounded good to her. She stated that she has nothing in writing and that she thinks it was unfair of the Council to ask her to have a concrete proposal including financing and a program. Mayor Lockwood stated that Ms. Laudon's proposal should have come before Council two or three years ago, that the City has neither a historical commission nor available financing for such a project. He pointed out that Copperfield Second Addition takes in the farm and the northwest end of the lake. He stated that Tandem has redesigned its plat to leave the farm buildings on several separate lots but that does not leave any additional land for pasture or land to plow. He felt that it would be appropriate to preserve the periphery of the pond all the way to Delaware. Mr. Dick Putnam, representing Tandem, stated that his firm has been defending itself in court from a lawsuit Ma. Laudon filed late last week and withdrew today. He stated that much of his time has been spent on issues other than what had been planned. He stated that he spoke to the Historical Society a week after the last meeting and they had not yet heard from Ms. Laudon. He pointed out that his firm hired a consultant recommended by the Society, that his report PLANNING COMMISSION MINUTES Page No. 2528 June 3, 1986 should be submitted to the Society on June 6th and that the Society will then be able to make a judgment on whether the farm is historic in the sense of the National Register eligibility and will respond on an EAW. He informed Council that the plat has been redrawn and that he will request final plat approval at the net meeting subject to the Historical Society letter which should arrive on June 18th. City Attorney Hart stated that even if the property is determined eligible for placement on the National Registry, that still doesn't answer the question of acquisition and renovation of the property -- the issue of public or private financing must be resolved. Mr. Putnam stated that he sent out invitations for neighborhood meetings starting in June, 1985, and that while Ms. Laudon was sent every invitation, she never attended. He pointed out that it is difficult to go back to the owners of land in Copperfield and tell them that the character of the neighborhood they bought into only two months ago is going to be different, especially when there •is a school and park site owned by a public body only one - quarter mile away. Councilmember Cummins referred to the Commission discussion on the Bream proposal, stating that it is his understanding that since the proposal includes apartments a rezoning would be required. He also expressed concern over the proposed access, pointing out that there is only one point of ingress and egress which he feels is really a very long cul -de -sac. He urged the Council to consider his comments when the matter comes before Council during his absence until August. He felt that it would not be appropriate to consider any development in the area without knowing what is to be proposed for the Mendakota and Mendota Plaza properties and the potential traffic impact on T.H. 110 and Dodd Road. He asked Council to give serious consideration of the domino affect of approving the first stage without knowing what is planned for the second and third stages. Council directed Attorney Hart to prepare a legal opinion on the use of apartments in an R -1 District. Mr. John Moy, 796 Hokah, stated that he would not be present for the next meeting, that the apartments would be across from his home, and asked that the hearing be postponed. CASE NO. 86 -42, BRODD Mr. Joe Phillips was present to represent Mr. Joel Ayes: 5 Nays: 0 CASE NO. 86 -13, FRILLMAN Page No. 2529 June 3, 1986 Brodd in his request for approval of an application to combine Lots 3, 4 and 5, Block 3, Somerset View and divide the total property area into two lots. After discussion, Mayor Lockwood moved adoption of Resolution No. 86 -42, "RESOLUTION APPROVING THE LOT DIVISION OF LOTS 3, 4 AND 5, BLOCK 3, SOMERSET VIEW," conditioned upon removal of an existing metal shed from Parcel B during 1986. Councilmember Witt seconded the motion. Mr. Louis Frillman was present to request approval of a 6.75 foot variance from the 30 foot sideyard setback on Lot 13, Block 2, Evergreen Knoll Addition, 1636 Pamela Lane. It was noted that the residence proposed to be constructed on the lot would encroach on the setback 6.75 feet at the structure's southeast corner and 4.2 feet at the southwest corner of the garage. Councilmember Blesener stated that she can see no hardship, the house is just too big for the lot and should have been designed based on the lot and its setbacks. Councilmember Cummins agreed, stating that he does not like jamming a house on a lot in a very nice development simply because the house is too big for the lot. He pointed out that Council required Tandem to eliminate some of their proposed Copperfield lots to create larger lots. Mr. Frillman stated that the lot contains 20,000 square feet and that the problem is really that of the topography of the lot and the way the adjoining lot was developed. He stated that he had his surveyor come out to the lot after the plans were developed and that the plat was the basis on which the plans were prepared. Councilmember Blesener pointed out that even if the structure were all the way up to the 30 foot setback on Pamela it would still be encroaching. Councilmember Witt pointed out that there already has been precedent for approving such a variance. Attorney Hart stated that each variance must be considered on its awn merits, that Council must find that there is unusual topography and that there would be hardship in not granting the variance. After discussion, Councilmember Witt moved to grant a 6.75 foot sideyard setback variance at 1636 Pamela Lane as requested. Ayes: 3 Nays: 2, Cummins, .Blesener FIRE EQUIPMENT Ayes: 5 Nays: 0 STOP SIGN ORDINANCE Ayes: 5 Nays: 0 STREET LIGHTING UTILITY CONNECTIONS OUTSIDE'OF-jTHE CITY Ayes: 5 Nays: 0 FIRE HYDRANTS Page N. 2520 JUne 3, 1986 Councilmember Hartmann seconded the motion. The Council acknowledged a memo from Fire Chief Maczko requesting authorization to acquire protective clothing for four firefighters and replacement of 22 firefighting helmets. Councilmember Cummins moved to authorize purchase of the required firefighting protective clothing and helmets from the low bidder, Minnesota Fire and Safety for its bid of $3,863.20, the acquisition to be financed by equipment certificates. Councilmember Witt seconded the motion. Councilmember Cummins moved adoption of Ordinance No. 227, "AN ORDINANCE AMENDING ORDINANCE NO. 1113," amending the ordinance to provide for stop signs on the new streets in Copperfield, on Enterprise Drive at Northland and on Centre Pointe Boulevard at the TH 110 Frontage Road, and a yield sign on Pueblo Drive at. Decorah Lane. Councilmember Hartmann seconded the motion. The Council acknowledged and discussed a memo from the City Administrator regarding clarification of the proposed street lighting policy. It was the consensus of Council that the regular NSP street lights are not desirable and that staff be directed to prepare additional information. The Council acknowledged and discussed a memo from the City Clerk regarding the policy on outside utility connection charges. Councilmember Cummins moved adoption of Resolution No. 86-43, "RESOLUTION RESCINDING RESOLUTION NO. 78-60 AND ESTABLISHING CHARGES FOR UTILITY CONNECTIONS OUTSIDE MUNICIPAL BOUNDARIES." Councilmember Blesener seconded the motion. Discussion on the McGovern Realty request for connection of a Lilydale property to the City's utility systems was tabled until such time as the applicant can provide a development plan. On the recommendation of the Public Works Director, Councilmember Witt moved to authorize the Mayor and City Clerk to execute an agreement with the St. Paul Ayes: 5 1 Nays: 0 VISION STATEMENT Ayes: 5 Nays: 0 Page No. 2531 June 3, 1986 Water Utility and Dallas Development Company to allow two fire hydrants to be installed by Dallas Development during construction of the IOS office building. Councilmember Hartmann seconded the motion. Councilmember Cummins moved the adoption of the City Vision Statement. Councilmember Hartmann seconded the motion. Councilmember Blesener suggested that the Statement be inserted in the City newsletter and that the residents be invited to submit suggested slogans. CITY HALL Councilmember Hartmann moved to accept the final City Hall report. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS ADJOURN Ayes: 5 Nays: 0 ATTEST: It was the consensus of Council that a joint Council/ City Hall Committee meeting be held on June 26th at 7:30 P.M. and that the Planning and Park and Recreation Commission members be invited to attend. Councilmember Blesener reported on complaints she has received about children and cycles creating noise and other problems at the south end of Summit Lane on weekends. Councilmember Cummins informed the Council that he will be out of town from June 15th through July 28th. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Cummins seconded the motion. TIME OF ADJOURNMENT: 11:07 P.M. Robert G. Lockwood Mayor K thleen M. Swanson ity Clerk LIST OF 1986 CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON JUNE 3, 1986 Asphaltic/Concrete Paving License Roofing License Bituminous Roadways, Inc. L and M Roofing North Face Exteriors, Inc. Excavating License Eagan Excavating Company Turner Excavating Company Masonry License H. Stockness and Sons Cement Construction Imperial Construction Concrete Concepts, Inc. Krumwiede Construction Betterman and Sons Construction Gas Piping License Twin City Furnace Company General Contractor's License Keystone Builders Corporation Dundee Nursery Dakota Fire Suppression, Inc. Valley Pools, Inc. Quality Design, Inc. KMH Erectors, Inc. Pratt Homes, Inc. B.T.L. Construction Unibilt, Inc. Decks Plus Copper Ridge Homes, Inc. Heating and Air Conditioning License Twin City Furnace Company Fence Installation License Countryside Fence Sign Installation License Scad-Tracy Signs, Inc.