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1986-05-06 Council minutesPage No. 2496 May 6, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 6, 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 Councilmember Witt moved adoption of the agenda for the meeting including additional items contained in the add -on agenda. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of the minutes of the April 15th meeting with correction. Councilmember Cummins seconded the motion. Councilmember Cummins moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, with the exception of Item e, Case No. 80 -04, Noack Var4.ance, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the minutes of the April 22nd Planning Commission meeting. b. Acknowledgement of the Code Enforcement monthly report for April. c. Approval of a critical area site plan and building permit for Lot 1, Block 1, Valley View Oak Addition and waiver of the $100 critical area fee. (CAO 86 -02, Johnson) d. Approval of a critical area site plan and building permit for Lot 6, Leone Rearrangement and waiver of the $100 critical area fee. (CAO 86 -03, Edelstein) e. Approval of the list of contractor licenses, granting licenses to: Ayes: 5 Nays: 0 Page No. 2497 May 6, 1986 Masonry Contractor Licenses Wayne Concrete Company Grand Construction Company Excavating License Bruhn Excavating Fence Installation License Dakota Fence of Minnesota, Inc. Gas Piping License Rouse Mechanical, Inc. Heating & Air Conditioning License Rouse Mechanical, Inc. Plastering /Stucco License Joe Nelson Stucco Company, Inc. Roofing License Ron Anderson General Contractor License Tilsen Homes, Inc. Greg Conway Construction, Inc. Minnesota Package Products (Pacific Pools) K.W. Dahm Construction Company, Inc. Builders and Remodelers, Inc. Wenzel Plumbing and Heating, Inc. EPM Remodeling and Construction, Inc. Determan Welding and Tank Service, Inc. Sapletal Construction Company Quality Exteriors, Inc. Woods Construction Company Thomas J. Norman Company f. Approval of the issuance of off -sale 3.2 malt beverage licenses to Tom Thumb Food Markets, Inc. and Country Club Markets. g. Approval of the List of Claims totalling $206,511. Councilmember Witt seconded the motion. HOUSING CODE BID AWARD, BISANZ UTILITIES Ayes: 5 Nays: 0 Page No. 2498 May 6, 1986 The Council acknowledged a request from several residents for a housing code ordinance requiring minimal maintenance of residential dwellings. A Friendly Hills resident present for the discussion stated that the residents who signed the request would like the Council to adopt an ordinance that would require minimum upkeep (painting, roofing, etc.). He also stated that the residents would like to see the document contain some stipulation on the number of dogs which can be kept at a residence without a kennel license. He felt that the City should require that an owner keep a residence presentable and liveable. It was the concensus of Council that such an ordinance would be appropriate., including requirements on completion of homes within specified timeframes. The Council acknowledged a tabulation of bids received for construction of Improvement No. 82 -7 (Bisanz Utilities). Council also acknowledged a letter from Mr. Robert Tousignant regarding the proposed method of assessing the project and a memo from Public Works Director Danielson responding to the letter. Councilmember Blesener moved adoption of Resolution NO. 86 -34, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, LIFT STATION AND FORCE MAIN TO SERVE BISANZ PROPERTY AND ADJACENT AREAS (IMPROVEMENT NO. 82, PROJECT NO. 7), awarding the contract to Crossings, Inc., for their low bid of $89,071. Councilmember Witt seconded the motion. HEARING -- ZONING City Administrator Frazell informed the audience that ORDINANCE AMENDMENTS nearly a year ago the City initiated a planning study on the southeast area of the City. He stated that after several months of discussion by the Planning Commission and Council, Comprehensive Plan amendments, which he explained for the audience, were adopted last fall. Administrator Frazell informed the audience that the amendments were sent to the Metropolitan Council, but the agency has taken no action since it must first adopt Aircraft Noise Guidelines. He explained that what is before the Council this evening is consideration of zoning code amendments to allow implementation of the comprehensive plan amendments: the existing Zoning Ordinance does not envision the densities contained in the amendments. He reviewed the proposed R- 3\Multiple Family Residential District Amendment, R -2 Medium Page No. 2499 May 6, 1986 Density Residential District Amendment, R -1C One Family Residential District Amendment, Planned Unit Development District amendment and minor amendments to the R -1A and R -1B District provisions. Administrator Frazell pointed out that the hearing is not for consideration of rezoning any specific parcel of land but rather it is for consideration of ordinance amendments to provide the mechanism for implementing the comprehensive plan amendments. Councilmember Blesener asked for clarification of proposed section 10A.1(1) of the proposed Planned Unit Development District regulations which would waive the ten acre minimum requirement for PUD. Administrator Frazell explained that waiving the minimum is proposed because all of the area would be PUD. He explained that the provision would not reduce the mimimum area for a PUD in any area of the City other than the area designated as PUD District in the Southeast Area Comprehensive Plan amendments. Mayor Lockwood asked for questions and comments from the audience. Mrs. Tobey Lapakko, 1671 South Victoria, expressed concern over the method of notifying the public of the hearing. She stated that she learned about the hearing because she il.eceived a flyer in her mailbox and felt that in issues such as this the citizens have a right to be individually notified so that they can voice their opinions. She stated that the City has removed its plan amendments from consideration by the Metropolitan Council, and that she finds this unusual because the agency is holding public hearings on the Metropolitan Development Framework. She suggested that the Council hold off on this matter until the Comprehensive Plan amendments have been adopted by the Metropolitan Council and the community is notified of what the City Council is considering. Mayor Lockwood pointed out that the notice of hearing was published as is required by ordinance. He also pointed out that members of the press have been present for all Council discussions on the Comprehensive Plan amendments and the discussions have been well publicized in the local newspapers. It was also noted that there have been a four -page insert in the City newsletter and front -page press releases published in the newspapers addressing the issues. Mr. James Losleben, 815 Hazel Court, stated that when Page No. 2500 May 6, 1986 Council initiated the southeast area study it looked at changing the density of the Riley property and that what scares him is that the amendments being proposed are amendments that can be applied anywhere in the City. He stated that the City Administrator stated at the last meeting that the proposed amendments are not site - specific. Ms. Collette Seivert, 689 No Freeway Road, stated that she has been very interested in the issues since they were first discussed. She stated that she moved to Mendota Heights for room and privacy and that the high densities proposed in the amendments would impact the school district and public safety departments and therefore would result in increased taxes and more lots. Councilmember Cummins stated that he believes the members of the audience have been collectively mislead by the notice they had received from an individual. He stated that under the current Zoning Ordinance, 10 units per acre could be built in high - residential districts; under the proposed amendments that could not happen. He suggested that a statement in the flyer indicating that the amendments would allow more housing than the existing ordinance was wantonly used. He pointed out that the effect of the amendments would be to make current regulations more restrictive than the existing. He stated that what the amendments would give the Council more power to restrict development and to insure that development which occurs would be higher quality that what could be required now. Councilmember Cummins pointed out that the 8 units per acre density is the lowest multiple family density in the Twin City area. He assured the audience that the Council would be in a much better position to control and guide development than it is now. Mr. Lance Boelter, 1630 Dodd Road, stated that the City did what was required in notifying the residents but that he came to the meeting because of the flyer distributed by Mr. Losleben. He stated that he favors keeping Mendota Heights as a residential area and that while he recognizes the Council can rezone properties at any time under the current ordinance, he believes the proposed amendments will make rezoning to high density uses easier. Mrs. Julie Losleben, 815 Hazel Court, stated that the southeast area is zoned single family . residential now and that under the proposed amendments, if a developer proposed a plan that meets all Council requirements Page No. 2501 May 6, 1986 the developer would have the right to request a rezoning -- the land would not stay single family bud would be rezoned to 8 units per acre, which is far greater density than current zoning. She felt that the amendments would give developers the right to ask for rezoning. Mr. Bernard Friel, 750 Mohican, stated that the bottom line is that what Council is proposing to do will increase the density in the southeast area and would make it less unpalatable than rezoning under the existing ordinance. He felt that the affect of the changes is to reduce opposition to an increase in density in the area and that is what he is really concerned about. Mr. Losleben stated that because of developer pressure the southeast area is being looked at for high density and that what is being proposed tonight is a tool to make rezoning easier. Mr. Augustus Hipp, 2124 Aztec, asked whether the Council knows of anyone who is going to propose any rezoning. Mrs. Hipp stated that she feels that whatever the Council chooses to do it does so regardless of opposition. Mr. Harry Wise, 2077 Timmy, suggested that the current zoning ordinance might produce something quite acceptable for the area, such as the Ivy Hills Townhouses. He stated that it seems that the purpose this evening is to change the most dense zoning from 10 to 8 units per acre and that if he reads the feelings of a fair number of the people present, the way the Council should be moving would be to question whether Council wants the maximum density in the City to be 10 units or 8 or even lower. He suggested that maybe the approach should be to pick a smaller number which would result in development like Ivy Hills. Mr. Rich Gabriel, 670 Apache, stated that when he first came to the meeting he was confused as to what would happen, but that comments made by Councilmember Cummins have clarified the issue. He stated that he does not think the Council has tried to mislead the audience but that he feels some of the audience are still opposing the comprehensive plan amendments which have been adopted. He stated that the amendments are in place and the City must have a Zoning Ordinance that will fit with the amendments - the amendments are not that significant, they would just implement the plan amendments. He stated that he as close as anyone to the southeast area and has confidence the Council will do a good job: the proposed ordinance amendments will basically make the comprehensive plan work. He suggested that some audience members disagree with the comprehensive plan and are trying to block it by oppoiaing the proposed ordinance amendments. He further stated that even if the Council voted against the proposed amendments an attorney might come in and take the City to court to force the "HR" density and then the City would have no controls. He stated that the proposed amendments will make the density lower and would be an improvement, giving the Council greater control. Mrs. Julie Losleben stated that it has been stated over the past year by Condor Corporation that they wish to develop their land to a higher density and that Counilmember Cummins has stated that thye have a right to develop their land. She noted that she has yet to see any proof that Condor owns the land and felt that the question of ownership is very pertinent. She asked whether Council has any proof that Condor actually owns the property or if it has an option to purchase, knowing that when they got the option the land was zoned residential. She stated that everyone has a right to develop property they own, but if in fact they have an option knowing the land is R -1 and will be changed to accommodate them, that is another problem. Mr. Lou Eschle stated that there is a lot of confusion about the comprehensive plan and asked whether the plan changes the zoning. City Attorney Tom Hart explained that the comprehensive plan is a long -range planning tool for the ultimate use of the property: zoning gives the owner the immediate right to development of the property under the Zoning Ordinance. Mrs. Paula Campbell, 2348 Aztec, asked whether someone could ask for approval to build single family homes in high density districts and also what development could occur in the areas designated as school and park areas in the comprehensive plan if those uses do not occur. Mr. Bernard Friel stated that before the comprehensive plan amendments can become effective they must be approved by the Metropolitan Council, and the agency has raised issues with part of the plan and is not able to implement the changes at, this time. He stated that the City must adopt noise zones and adopt some criteria for noise attenuation within the noise zones regardless of whether the use is single family, multiple family or commercial. Mr. Wise .stated that apparently a part of the decision ■ Page No. 2503 May 6, 1986 on the comprehensive plan amendments was based on the assumption that one could not economically build sound proof homes.' He stated that given the information he has seen on super - insulated homes, it is possibly a simple way to build a sound proof home in all areas of the City. He stated that he is an engineer and that as part of his profession he got into sound proofing and doesn't believe the argument that single family cannot afford sound proofing as well as multiple family dwellings. Mr. Losleben stated that Council is presupposing that the area along the freeway is undesirable property and won't be developed unless development is high density. He stated that he believes it is highly desirable property and that rezoning to a higher density will in fact increase the value of the property. There was discussion over the Metropolitan Council's power and involvement in the comprehensive plan issue. There being no further questions or comments to come before the Council, Councilmember Cummins moved that the hearing be closed at 9:48 P.M. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved that consideration of the proposed Zoning Ordinance amendments be tabled until the Metropolitan Council has rendered its recommendations to Council on the model aircraft noise guidelines. Councilmember Witt seconded the motion. Ayes: 4 Nays: 1 Blesener RECESS Mayor Lockwood called a recess at 9:50 P.M. The meeting was reconvened at 10:00 P.M. COPPERFIELD REZONING, Mayor Lockwood opened the meeting for the purpose of a PLANNED UNIT DEVELOP- public hearing on an application for rezoning and MENT planned unit development and consideration of a preliminary plat for the Copperfield II subdivision. Mr. Richard Putnam, from Tandem Development, was present to request approval of an application for planned unit development for the Copperfield development. Mr. Putnam stated that his firm is requesting rezoning of Phase II of the Copperfield Addition from R -1A to R -1, approval of the Planned Unit Development for Copperfield, approval of the preliminary plat for Phase II and authorization for Page No. 2504 May 6, 1986 execution of the Environmental Assessment Worksheet for the third phase of the development. Mr. Putnam described the location of the 137 acre Copperfield development. He stated that the first phase of the project was 37 acres, consisting of 55 lots on the north portion of the area along Huber Drive. Grading of the first phase is almost completed and utility and street construction should be completed in the middle of August. He stated that his firm anticipated that they would not proceed with the second phase of the development for another year and a half, but that activity on the first phase has been so good that only three lots remain to be sold in that phase. He stated that the street design in the second phase differs from the first in that the streets proposed have lots of "wiggles" to discourage through traffic. He also stated that the second phase has been designed in such a manner that the phase will not be affected by the Metropolitan Council airport contour lines. He stated that he believes it is a better proposal than what was originally considered because it avoids through street problems. He pointed out that the lot sizes range from 85 to 140 feet of frontage and that all of the lots exceed 15,000 square feet. He explained the proposed park contribution and pointed out that the scenic easement started in the first phase will be continued in this phase. He stated that a trail from Huber, with crushed rock, is also planned and will be financed by Tandem. Mr. Putnam indicated that Tandem also proposes sidewalks from Delaware to the internal streets. Mayor Lockwood asked for questions and comments from the audience. Mr. Don Stahl, 752 Decorah Lane, and another person from the audience complained about traffic on Decorah . from the vehicles carrying construction materials to Copperfield. Administrator Frazell stated that there is no City ordinance to restrict the vehicles and that the only control the City has is builders' agreements stipulating that vehicles carrying materials to the development cannot use Decorah. Mr. Putnam stated that he is doing all that he can to inform all of the builders to access the area from Delaware. Mayor Lockwood stated that the City should take all possible measures to reduce the traffic problems. Page No. 2505 May 6, 1986 Councilmember Blesener stated that there seem to be a lot of 85 to 95 foot frontages in the proposed development and that she believes the frontages are inappropriately small. She felt that some of the lots should be eliminated in order to provide greater frontages. Mr. Putnam stated that it is the developers' intent to do exactly what was done in the first phase, to provide some diversity and not to plat square boxes and to keep the lot prices at a reasonable level. He stated that he believes the lot prices in Phase 1 are very competitive because of the diversity of lot sizes and frontages and that this has not resulted in cheaper houses but in fact will result in better architecture because the the lot prices are competitive. He stated that the width of the lots does not appear to be a determinate of the value of the house and that by eliminating lots to increase lot widths the cost of all of the lots must increase. Councilmember Blesener stated that homes will fill up as much of the lots as possible and that the Council wants green space. Mr. Putnam staated that the density of the plat is less than what is allowed, and that the buyers of Phase I have indicated that they like the diversity of lot configurations -- some like the wide lots and others like narrow and deep lots. Councilmember Cummins pointed out that City ordinances require a minmimum of 100 feet of frontage and that 40% of the proposed addition has lot frontages less than 100 feet. Mr. Putnam indicated that if the Council would like equalized lot frontges rather than a variety of frontages he will do so. He stated that he does not disagree with the Council's desire for larger lots but pointed out that he doesn't want to increase lot prices by $10,000 to reflect a redistribution of plat area. He stated that if he must eliminate three lots at $50,000 per lot value, the price of each of the remaining lots would be increased by $3,000 and that he could not justify spreading that kind of cost against the less expensive lots. There was considerable discussion over lot widths and park dedication. Mayor Lockwood asked for questions and comments from the audience. Page No. 2506 May 6, 1986 Ms. Kalista Laudon asked that the Council consider the old farm site on the property as a public site and preserve the buildings for the general public. She stated that the house was built in 1863 and is one of the original homesites in the City. Mr. Putnam stated that Ms. Laudon contacted him early in April to attend a meeting at which she brought up the issue of cutting of the 2 acres on which the structures are located and leaving the buildings as a historic site with Ms. Laudon as custodian. Mr. Putnam stated that he stated at the meeting that if some agency wanted to move the buildings his company would work with them in terms of timing of the Copperfield development. He stated that in terms of leaving the buildings where there are as a historical site, that that use would not be consistent with the Copperfield development. He stated that if the Dodge Foundation or the historical society or similar agency wants to move the buildings his firm will cooperate but that Tandem could not let the structures remain where they are because of their inconsistency with the development. Ms. Laudon responded that the buildings are only of historical significance if they remain on the site Mayor Lockwood stated that he has seen the structures from a distance and has wondered what would be wrong with leaving them where they are but felt that the buildings would look out of place. Mr. Putnam suggested that the buildings should be looked at first of all, and then look at their locations. He stated that the farmhouse is very much original and has never been remodeled. He stated that the proposal as envisioned by Ms Laudon would require a 20 or 30 acre program not a two acre program (on which the buildings are located). He pointed out that the Dodge Nature Center already runs a program similar to that proposed by Ms. Laudon. There was considerable discussion over the issue. Ms. Laudon stated that she has proposed to the Dodge Foundation that the buildings be brought back to original condition and that the house be restored as a living museum and the farm be operated as a working model. In response to a question from Councilmember Cummins, Ms. Laudon stated that she has contacted the Dodge representatives and that she feels that if there is enough interest in moving the farmhouse to another location, given the anticipated cost, then the structure is significant enough to leave where it is. Ayes: 5 Nays: 0 Ayes: 4 Nays: 1 Lockwood Ayes: 5 Nays: 0 Ayes:. 5 Nays: 0 Ayes: 5 Nays: o Page No 2507 May 6, 1986 Councilmember Blesener stated that she shares Mr. ' Putnam's feeling that the farmstead is not consistent with the type of housing development underway and trying to keep it as a museum use would not be compaoible. Mr. Putnam pointed out that OPUS is still the owner of the property except for the 37 acres platted as Phase I. Councilmember Cummins stated that he agreed with Councilmember Blesener. He felt that the Council should encourage Tandem to make every reasonable effort,to preserve the buildings but that Ms. Laudon's proposed use is inconsistent with the development that has occurred in the last ten months. He stated that the Council might have had some time for creativity had they been aware of the issue in the beginning. He suggested that the Council should accommodate the speedy removal of the buildings. Mr. Putnam stated that if someone wants the buildings Tandem would be happpy to cooperate, but he pointed out that his firm does not own the buildings. After further discussion, Councilmember Blesener moved that the hearing be closed at 11:32 P.M. Councilmember Hartmann seconded the motion. Councilmember Blesener moved approval of the preliminary plat for Copperfield Addition Phase II on the condition that one lot be removed from Lots 1 through 8, Block 1, one lot removed from Lots 19 through 24, Block 1 and one lot removed from Lots 2 through 8, Block 4. Councilmember Cummins seconded the motion. Councilmember Blesener moved to authorize staff to sign the environmental assessment worksheet for the Copperfield plat on behalf of the City. Councilmember Witt seconded the motion. Mayor Lockwood moved adoption of Ordinance No. 226, "AN ORDINANCE AMENDING ORDINANCE NO. 401" to rezone hase II of the Copperfield development. Councilmember Hartmann seconded the motion. Mayor Lockwood moved adoption of Resolution No. 86- 35, "RESOLUTION APPROVING TANDEM CORPORATION 'S PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT." Councilmember Blesener seconded the motion. FIRE DEPARTMENT ANNUAL REPORT GRASS RIG Ayes: 5 Nays: 0 Page No. 2508 May 6, 1986 Fire Chief Maczko reviewed and answered questions on the Fire Department annual report for 1985. The Council discussed a memo from the Fire Chief requesting authorization to purchase new grass rig fire apparatus. Department representatives present for the discussion, stated that the department has two grass rigs now, and that it is proposed that a new vehicle be acquired to replace the 1964 Scout rig. After discussion, Councilmember Cummins moved to approve the purchase of a 1986 Ford truck -from Minar Ford for their low bid of $12,840, to authorize an additional $200 expenditure for rust - proofing, and to approve the low bid of Custom Fire for $9,885 for fire apparatus for the rig. Councilmember Hartmann seconded the motion. BUILDING PERMIT, Mr. Brad Bainey, from Welsh Construction, was present A &M MOVING AND STORAGE to request approval of the issuance of a building permit for construction of the A & M Moving and Storage facility proposed to be located on T.H. 55, north of Tempco Manufacturing. Mr. Bainey stated that A & M would like to occupy the structure by September 26th, and informed Council that he has increased the number of parking stalls as was recommended by staff and will request a variance. He asked that public utilities to serve the site be installed as quickly as possible so that the building can be occupied by September 26th to accommodate the company's 25th anniversary celebration planned for October 1st. Mr. Bob Haines, of A &.M, gave the Council a history of the company and explained the services the company provides. Company representatives also reviewed landscaping and access plans. Public Works Director Danielson informed Council that the feasibility report for public improvements to serve the site has been completed and the public hearing has been conducted. He stated that before the permit could be granted it will be necessary to order the improvement project. Mr. Danielson pointed out that this is the first portion of a project which would take sewer and water to Highway 55. He also idicated that he does not think it will be possible to meet the September 26th deadline, and that because of needed approvals for a railroad crossing completion could be delayed until October or later. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 EQUIPMENT Ayes: 5 Nays: 0 CONSTRUCTION TRAFFIC Ayes: 5 Nays: 0 STREET VACATION Ayes: 5 Nays: 0 Page No. 2509 May 6, 1986 Mr. Haines stated that he will grant to the City whatever easements are needed to proceed with the improvement project. After further discussion, Councilmember Biesener moved adoption of Resolution No. 86-36, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER AND STORM SEWER CONSTRUCTION TO SERVE LAKE LEMAY PHASE I AND ADJACENT AREAS (IMPROVEMENT NO. 85, PROJECT NO. 6)." Mayor Lockwood seconded the motion. Councilmember Witt_moved approval of the issuance of a building permit for A & M Movers subject to receipt of utility easements and resolution of parking requirements. Councilmember Biesener seconded the motion. Councilmember Hartmann moved to authorize the Public Works Department to proceed with preparation of specifications and bidding for a dump truck. Councilmember Cummins seconded the motion. The Council acknowledged and discussed a memo from the Public Works Director regarding complaints on greatly increased traffic on Decorah Lane as the result of construction in the Copperfield Addition. Councilmember Blesener moved to direct staff to post a strongly stated sign at Dodd and Decorah to restrict access to local traffic only, no trucks. Councilmember Hartmann seconded the motion. Councilmember Biesener moved that a public hearing be conducted on June 3rd for consideration of an application for the vacation of a portion of Clement Street. Councilmember Cummins seconded the motion. TENNIS COURT Councilmember Cummins moved to approve the low bid of RESURFACING $5,690 from Recreational Surfacers for the resurfacing of tennis courts at Ivy Falls and Wentworth Parks. Ayes: 5 Councilmember Hartmann seconded the motion. Nays: 0 CITIZEN TASK FORCE MEETING CHANGE NOACK VARIANCE Ayes: 5 Nays: 0 KIRCHNER PROPERTY ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2510 May 6, 1986 Councilmembers Blesener and Cummins were designated as the Council's representatives on the Mn /DOT citizen task force on T.H. 149. It was Council concensus that the June 17th meeting be rescheduled to June 16th since a quorum cannot be present on the 17th. Council acknowledged and discussed a memo from the Code Enforcement Officer stating that a garage at 606 Valley Lane, owned by George Noack, Jr. is not in compliance with a variance granted in 1980. The variance requires that the structure be £aced with brick to match the house, and the garage stands constructed with tar paper and lathe strips. Mayor Lockwood moved that Mr. Noack be given written notice that the garage must be brought into compliance with the variance conditions by July 1st or the matter will be referred to the City Attorney for prosecution. Councilmember Cummins seconded the motion. City Administrator Frazell was directed to notify Mr. Harry Kirchner that the City is not interested in acquiring his property at this time. There being no further business to come before the Council, Councilmember Hartmann moved that the meetig be adjourned. Councilmember Cummins seconded the motion. TIME OF ADJOURNMENT: 12:52 O'clock P.M. Robert G. Lockwood Mayor athleen M. Swanson City Clerk