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1985-08-06 Council minutesPage No. 2312 August 6, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 6, 1985 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, Hartmann and Witt. Councilmember Cummins had notifed the Council that he would be out of town. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 3 Nays: 0 Abstain: 1 Witt Ayes: 4 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 Blesener moved approval of the minutes of the July 16th meeting with corrections Mayor Lockwood seconded the motion. Councilmember Blesener moved approval of the minutes of the July 23rd special meeting with corrections. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of Fire Department monthly reports for June and July. b. Acknowledgement of the Code Enforcement monthly report for July. c. Acknowledgement of the minutes of the July 9th Park and Recreation Commission meeting. d. Acknowledgement of the minutes of the July 23rd Planning Commission meeting. Page No. 2313 August 6, 1985 e. Approval of the List of Claims dated August 6, 1985 and totalling $139,747.11. f. Approval of the list of contractor licenses, granting licenses to: ( ) Masonry Licenses: F and B Construction Morris Masonry and Concrete Viking Concrete and Krumwiede Construction, Inc Masonry, Inc. Ayes: 4 Nays: 0 Excavating Licenses: Woodbury Mechanical Timmers Excavating Gas Piping Licenses: Peine Plumbing & Heating Dahms Heating, Inc. General Contractor Licenses: Woodlynn Homes, Inc. All Season Remodelers Barsness Construction,Inc. Five Star Homes, Inc. Minnehaha Falls Nursery Lauren E. Nelson Groco Homes, Inc. Building by George American Community Builders Northstar Fire Protection Company Tillges Construction Company, Inc. Heating and Air Conditioning License: Peine Plumbing and Heating Plastering/Stucco License: D. C. Construction Sign Erection License: Attracta Sign, Inc. g. Approval of the issuance of Club Liquor Licenses to Somerset Country Club and Mendakota Country Club. Councilmember Witt seconded the motion. VOLUNTEER FIREFIGHTER Councilman Hartmann moved to appoint Daniel Barrett to the Volunteer Fire Department. Ayes: 4 Councilmember Witt seconded the motion. Nays: 0 LEMAY LAKE DRAINAGE Ayes: 4 Nays: 0 COONAN DRAINAGE Page No 2314 August 6, 1985 The Council acknowledged and discussed a memo from the Public Works Director and a letter from Mr. Timothy Kuntz, attorney for Mr. & Mrs. Miles Bredvold, relative to LeMay Lake flooding. Mr. Kuntz, present for the discussion along with the Bredvolds and their consultant engineer, Bill Price, asked that staff be directed to prepare a feasibility study to determine a long-term solution to the problem and also asked that the City establish a temporary, emergency outlet to provide relief next spring. Mr. Price stated that the water was within a foot of the Bredvold driveway and garage last spring and that a 100-year old oak has been lost because of the flood- ing. He informed the Council that there has been an inordinate rise in the lake level in the recent past. He stated that the owners of the property across Lake- view from the Bredvolds have also expressed interest in getting something done and stated that in his opinion an outlet is needed. Public Works Director Danielson confirmed that there is no lake outlet at this time. He stated that some of the requested study has already been done as part of other project studies but indicated that funding a solution is a question and that the assessment district area, financing and construction timing all need to be addressed. After discussion, Mayor Lockwood moved to direct staff to prepare a report on temporary outlet/emergency flooding plans, to prepare a feasibility study on lake level control and to meet with the Bredvolds and the City Planner relative to a wetlands permit application for driveway filling. Councilmember Witt seconded the motion. The Council acknowledged a memo from the Public Works Director regarding a complaint from John Coonan, 2303 Swan Lane, regarding drainage. The matter was continued pending additional information from staff on an alternative which would involve earthmoving by City staff without additional pipe installation. CHERRY HILLS DRAINAGE The Council acknowledged and discussed a report from Public Works Director Danielson regarding an alternate solution for the Cherry Hills 2nd Addition drainage problem. The alternate would involve regrading of the Wachtler property, directing Cherry Hills 1st Addition surface water to an existing low area on the Wachtler property and installing an overflow ditch on the west FLACKEY WETLANDS PERMIT Ayes: 4 Nays: 0 Page No. 2315 August 6, 1985 end of the low area. He informed Council that he has not spoken to the Wachtlers regarding the regrading or necessary easements. Councilmember Witt stated that the Council must consider how the project will be financed. Park Commission member Bob Leffert, present for the discussion, asked that the matter be referred to the Commission since there has been a suggestion that the costs might be tied into potential future park development costs. The matter was continued to August 20 and staff was directed to prepare additional information on costs and contact the Wachtler family. The Council acknowledged a memo from the Code Enforce- ment Officer regarding an application for wetlands permit from Dean Flackey for construction of a home on Lot 6, Block 2, Guadelupe Heights Addition. Councilmember Hartmann warned the property owners, Mr. & Mrs. Tom Lencowski, of area drainage problems. After discussion, Mayor Lockwood moved to waive the wetlands hearing requirement and grant approval of a wetlands permit for Lot 6, Block 2, Guadelupe Heights Addition, with the stipulation that there must be no filling of the wetlands area. Councilmember Hartmann seconded the motion. CASE NO. 85 -15, Mr. Robert Hayne, Director of Properties for Economics ECONOMICS LABORATORY Laboratory, was present to request approval of the LOT DIVISION division of their 25 acre property located at 840 Sibley Memorial Highway into two parcels along with a 25 foot setback variance for an existing structure located 25 feet from the south lot line of proposed Lot A. In response to a question from Councilmember Blesener, Mr. Hayne stated that Economics Laboratory has no control over what will go on the lot - that the only control is the City's Zoning Ordinance. In response to a question from Councilmember Hartmann, Public Works Director Danielson stated that sanitary sewer crosses the property line and an easement is necessary. There was considerable discussion about area residents'concerns over potential traffic on Wachtler which may occur when the new lot is developed. Councilmember Blesener felt that access to Wachtler from the new site should be restricted: Attorney Hart Ayes: 4 Nays: 0 CASE NO. 85 -18, ALVAREZ VARIANCE Ayes: 4 Nays: 0 CASE NO. 85 -19, PALMER Ayes: 4 Nays: 0 CASE NO. 85 -20, ETTINGER MISCELLANEOUS Page No. 2316 August 6, 1985 stated that if the division is approved, Council can make the access restriction a part of the building permit review process. The Council shared the residents' concern and reserved the option to restrict access to Wachtler from the new site Councilmember Witt moved adoption of Resolution No. 85 -54, °'RESOLUTION APPROVING THE LOT DIVISION OF THE SOUTHWEST CORNER OF TRUNK HIGHWAY NO. 13 AND WACHTLER ROAD, SECTION 23, TOWNSHIP 28 NORTH, RANGE 23 WEST (ECONOMICS LABORATORY PROPERTY)," along with approval of a 25 foot variance allowing the new lot line to be within 25 feet of the northerly most existing building. Councilmember Blesener seconded the motion. Mayor Lockwood moved approval of a 3.5 foot variance from the structure height requirement to allow construction of a roof on a play structure at 1167 Dodd Road. Councilmember Blesener seconded the motion. Mr. & Mrs. Jerry Palmer were present to request approval of a wetlands permit and 10 foot sideyard setback variance to allow construction of a house at 1515 Vandall Street. The Council expressed concern over the water table and cautioned the Palmers about potential wet basement problems which they might experience. After discussion, Councilmember Hartmann moved approval of a wetlands permit and 10 foot sideyard setback variance to allow construction of a home at 1515 Vandall Street 20 feet from 3 1/2 Avenue. Councilmember Blesener seconded the motion. Council was informed that Mr. Ettinger could not be present until later in the evening, therefore discussion on the minor conditional use permit was tabled. Mr. & Mrs. Joseph Gangl, 2487 Dodd Road, were present to request approval to install a private service connection on the watermain which runs in front of CASE NO. 85 -10, MENDOTA HEIGHTS ASSOCIATES Page No. 2317 August 6, 1985 their property. After discussion, staff was directed to prepare a report for the August 20th meeting. Mr. James Riley was present to inform the Council on his proposal to construct an apartment development on property he owns located on the south side of Mendota Heights Road between Dodd and Delaware. He stated that he proposes to construct a 600 unit apartment complex in four phases, 2 buildings per phase, over three to five years. He informed the Council that he proposes a density of 8.5 units per acre in contrast to the Lexington Heights Apartment complex 12.5 unit per acre density and indicated that because of potential tax law changes in January, approval of the project is necessary this year. Police Chief Delmont responded to a Council question over the number of calls for service from the Lexington Heights Apartment complex to the Police Department. He indicated that the level of police staffing should be 1.5 police officers per 1,000 residents and that if the project were approved the City would need to hire one additional police officer. Councilmember Blesener was concerned that, if the project were approved and constructed, 10% of the City's population (a population increase of 1,000 apartment residents) would have no community identity. Mr. Irving Clark, owner of 9 acres of property immediately west of the Riley site, stated that he cannot be present for the August 20th hearing on the proposal and asked to be permitted to comment this evening. He pointed out that the City Planner has been retained to prepare a study of the southeast area and that the draft of the study, present to the Planning Commission, presented four concepts for development, one of which was apartments. He felt that there is no way the City can expect single family development to go along the freeway and that it seems that a reasonable transition from the residential area to commercial development would be to take the step requested and develop . multiple, thereby avoiding pressure for commercial development. He stated that he understands the concerns about 1,000 new people in multiple dwelling units but suggested that what is changing the character of the community is not multiple development but rather the freeways. I stated that he would like to register his support for the proposal, indicated that he is not involved with the project or associated with Mr. Riley but that he just believes the best site use would be multiple dwellings. Page No. 2318 August 6, 1985 SEWER RATES City Treasurer Shaughnessy reviewed his memo regarding a proposed sewer rate increase. Ayes: 4 Nays: 0 SQUAD CARS Ayes: 4 Nays: 0 COMPUTER ACQUISITION Ayes: 4 Nays: 0 CITY HALL COMMITTEE Ayes: 4 Nays: 0 After discussion, Mayor Lockwood moved the adoption of Resolution No. 85 -55, "RESOLUTION SETTING SEWER RENTAL CHARGES FOR SINGLE FAMILY DWELLINGS, MULTIPLE DWELLINGS, AMENITY STRUCTURES, SCHOOLS, CHURCHES, PUBLIC BUILDINGS, COMMERCIAL AND INDUSTRIAL USERS." Councilmember Witt seconded the motion. Councilmember Blesener moved to authorize staff to advertise for sealed bids for the sale of a surplus, 1983 Dodge, squad car and to authorize retention of the second surplus 1983 squad car to be used as a "pool" vehicle for the use of employees on City business. Mayor Lockwood seconded the motion. Councilmember Witt moved to authorize acquisition of an IBM -PC computer system and printer for the Police Department from Schaak Electronics for a maximum cost of $3,500. Councilmember Blesener seconded the motion. Councilmember Hartmann suggested that the printer should be capable of adding a sheet- feeder if it can be accomplished within the 03,500 limit. The Council acknowledged and discussed a memo from the City Administrator informing the Council of the names of 12 persons interested on serving on the Citizens' City Hall Committee. It was Council concensus that, while two Park Commission members had indicated interest, each of the commissions should be represented by only one member, and that Al Singer should be the Park Commission representative. Mayor Lockwood moved to appoint a Citizens' City Hall Committee consisting of representatives of the Planning Commission, Park Commission, League of Women Voters, Chamber of Commerce, and eight "at- large" residents, and to appoint Stan Gustafson as Committee Chairperson. Councilmember Hartmann seconded the motion. CASE NO. 85 -20, Mr. Ron Ettinger was present to review his request for ETTINGER approval of a minor conditional use permit to replace Ayes: 4 Nays: 0 1986 BUDGET Ayes: 4 Nays: 0 MENDOTA HEIGHTS ROAD Ayes: 4 Nays: 0 MISCELLANEOUS WEEDS Page No. 2319 August 6, 1985 an existing wire fence with a two -rail split cedar fence on the Country Day School property, 1588 South Victoria. Mr. Ettinger asked that 105 feet of fence in addition to that proposed in the application also be approved. He indicated that he is concerned about the possibility of small animals coming onto the property and would like to be able to install chain link or netting on the fence in the future if it becomes necessary. He informed the Council that fence posts would be 48" high and that the top rail will be 42" above grade. Councilmember Blesener moved to waive the public hearing requirement and approve the minor conditional use permit as requested. Councilmember Witt seconded the motion. Mayor Lockwood moved that the 1986 Budget /Revenue Sharing hearing be conducted on September 3rd and that a. Council budget workshop be held on September 10th. Councilmember Witt seconded the motion. Councilmember Blesener moved adoption of Resolution No. 85 -56, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF MENDOTA HEIGHTS ROAD BETWEEN LEXINGTON AVENUE AND TRUNK HIGHWAY 55 (IMPROVEMENT NO. 84, PROJECT NO. 6)." Councilmember Hartmann seconded the motion. In response to a request from Park Commission member Robert Leffert, Council directed the Public Works Director to prepare a report on basketball /volleyball courts for Council consideration. Mr. Tim Eide, owner of several of the Eide Estates lots, stated that he has received a notice from the City requiring the removal of weeds on the lots. He stated that the property is significantly impacted by NSP power lines and poles and that he feels the lots are more aesthetically pleasing in the natural state than they would be if the lots, now populated by numerous immature trees, were mowed. He asked that he be exempted from the mowing requirement. After discussion, Councilmember Blesener moved to grant an exception from the ordinance requirements for Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page No. 2320 August 6, 1985 the Eide Estates subdivision. Councilmember Witt seconded the motion. There being no further business to come before the Council, Mayor Lockwood moved that the meeting be adjourned. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:45 O'clock P.M. thleen M. Swanson City Clerk ATTEST: 01°04)4)0,x-0i_ Robert G. Lockwood Mayor