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1985-07-16 Council minutesPage No. 2300 July 16, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 16, 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 7:38 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Cummins, and Hartmann. Councilmember Witt had advised the Council that she would be out of town. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUlES Ayes: 4 Nays: 0 Ayes: 3 Nays: 0 Abstain: 1, Hartmann Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the agenda for the meeting including additional items contained in the add-on agenda. Councilmember Cummins seconded the motion. Councilmember Hartmann moved approval of the minutes of the joint Planning Commission/City Council meeting of June 25. Councilmember Blesener seconded the motion. Councilmember Cummins moved approval of the minutes of the July 2nd meeting. Councilmember Blesener seconded the motion. Councilmember Blesener moved approval of the minutes of the July 9th special meeting as amended. 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. Acceptance of a petition regarding North End street improvements. Ayes: 4 Nays: 0 1984 AUDIT REPORT CITIZEN REQUEST Page No. 2301 July 16, 1985 b. Acknowledgement of the Treasurer's monthly report for June. c. Acknowledgement of the Tax Increment District #1 Annual Report for 1984. d. Acknowledgement of an update on the summer Code Enforcement Intern. e. Acknowledgement of the June 25 Planning Commission minutes. f. Acknowledgement of the June 11 Park and Recreation Commission minutes. g Acknowledgement of the Park and Recreation Survey responses. h. Approval of the list of claims dated July 16, 1985 and totalling S1,309,903.72. i. Approval of the list of contractor licenses, granting licenses to: Northwest Asphalt, Inc. Bruhn Excavating Sarah Contracting, Inc. Hanson Homes, Inc. Peterson Maint. Corp. Carlson Automatic Fire Protection Company Conway Construction Co. Barlow Builders, Inc. Asphalt/Concrete Excavating Excavating General Cont. General Cont. General Cont. General Cont. General Cont. Councilmember Cummins seconded the motion. Auditor Steve Laible, from Peat, Marwick and Mitchell, reviewed the 1984 Audit Report for the Council, highlighting the improvement in the readability of the report, the auditor's opinion letter and a summary of the enterprise funds. Mayor Lockwood thanked Mr. Laible for his presentation and Mr. Laible noted that if there were any questions throughout the year, his firm would be available to answer them. The Council acknowledged a letter from Mr. Rob Meyer, 1399 Clement, requesting new stop and yield signs be placed in his neighborhood. TUMINELLY BID AWARD Page No. 2302 July 16, 1985 Staff was directed to thank Mr. Meyer for his letter, and sttudoyniscoroereedXno eawouied 3ematdvisetdhofrtrle resultsaffic uouncilmember Cummins moved the adoption of Resolution No. 85 -48, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS AND WATER SERVICES TO SERVE TUMINELLY'S HUNTER LANE ADDITION (IMPROVEMENT NO. 83, PROJECT NO. 1) ", awarding the bid to Ro -So Contracting, Inc., for the low bid of $9,515.00. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 IVY HILL PUD AMENDMENT Mr. Jep Knox, 1095 Ivy Hill Drive, was present for the discussion regarding a planned unit development amendment for Lot H of the Clapp Thomssen Ivy Hill 2nd development. He advised the Council that when the original PUD was approved, the plans called for four foot porches on the buildings. The homeowners wanted 10 foot porches, thus there is now only one to two feet of open space between the porches and the property line. This strip of land is now being transferred to the townhouse owners. Ayes: 4 Nays: 0 CASE 85 -05, KURTZ, SUBDIVISION Councilmember Blesener moved the adoption of Resolution No. 85 -49, "RESOLUTION APPROVING THE LOT DIVISION OF LOT 5, BLOCK 1, CLAPP - THOMSSEN IVY HILL 2ND, SECTION 13, TOWNSHIP 28 NORTH, RANGE 23 WEST ". Mayor Lockwood seconded the motion. Mr. Michael Kurtz was present to request reconsideration of his subdivision proposal for property west of Hunter Lane at Orchard Place. He advised the Council that he proposes to create three lots out of two large lots, and that he plans to impose very strict covenants on the lots, similar to North Oaks, Edina, and Culligan's Valley View Oak. He also plans to extensively remodel the two existing homes on the lots, one of which is his home and the other which is rented at the present time. He felt that a substantial home could be built on the proposed center lot and he noted that the Planning Commission had recently recommended approval of his plans with 100 feet of frontage at the building line. It was noted by the Council that the Planning Commission recommendation was contingent upon the Page No. 2303 July 16, 1985 condition that no future setback variances be applied for. Dr. Steven Hunter, a member of the audience, stated that there would be variances applied for, that there was no way someone could build a home on the center lot and not want it in line with the existing homes on either side of it. Mr. John Phillips, 1835 Hunter Lane, reminded the Council that he is still the owner of the subject property, and that Mr. Kurtz purchased it on a contract for deed which would be paid off next year. He stated that he has lived in the area for 32 years and was against the development. He felt that the addition of a third home would destroy the character of the neighborhood and he was not in favor of three homeowners sharing a single driveway to the property. He noted that the majority of the neighbors were against the proposal. Dr. Steven Hunter, who owns 1 3/4 acres of land, felt that Mr. Kurtz's proposal was for pure speculation and should be laid out as his reason for the proposal. He noted that he was speaking for his father, Dr. Samuel Hunter, as well, and called the proposal a feasible moneymaker. He noted that if he were in the same position, he would attempt the same thing. Councilmember Cummins felt that the single access to the three lots would not be a good precedent to set. Mayor Lockwood stated that it would be his desire to deny the request without prejudice, if a firm plan for division of the center lot and certainty of where the home would be exactly placed would be prepared. Councilmember Cummins agreed with Mayor Lockwood. Councilmember Hartmann somewhat agreed with the statement and felt that the proposed plan would change the character of the neighborhood. He also would like to see a firm plan for development which could be endorsed by the neighbors. City Attorney Tom Hart noted that Mr. Kurtz may have to start over with his plans if too much time elapses, and that would mean appearing before the Planning Commission and notifying neighbors again of a proposed public hearing. Mr. Kurtz questioned how his proposal could be Ayes: 4 Nays: 0 EAGLE RIDGE DECK PERMIT Page No. 2304 July 16, 1985 denied when he had met all the City's requirements. Mayor Lockwood noted that his proposal has aesthetic problems and probably would require a variance for a 20 foot setback to the 40% critical area slope, which requires a 40 foot setback. Mayor Lockwood moved to deny the subdivision as requested, without prejudice. Councilman Hartmann seconded the motion. Mayor Lockwood stated that the Council would reconsider a new plan if there is no doubt as to the placement of the home on the center lot and:if a majority of the neighbors endorsed the plan. Councilmember Blesener agreed with the motion except the necessity of requiring the endorsement of a majority of the neighbors. Councilmember Hartmann stated that he would not be in favor of granting a variance to the 40% slope required 40 foot setback. Councilmember Cummins felt there would be no problem granting a variance if the proposed home is in keeping with the neighborhood. The Council acknowledged and discussed a memo requesting approval of a building permit to add a deck to 1830 Eagle Ridge, Unit 1006. Two homeowners in the audience noted that the deck addition had been approved by the Eagle Point Board of Directors. They stated that the deck was in the original plan, but was not constructed earlier. They wished to construct the deck at the present time. They pointed out that there will be a similar request at the August 6th meeting, and after discussion, the Council concurred that this request should be placed on the Consent Calendar. Councilmember Cummins moved approval of the deck permit as requested. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 FIRE SERVICE CONTRACTS The Council briefly discussed a memo from Financial Advisor Shaughnessy relative to alternative methods of billing Sunfish Lake, Mendota and Lilydale for fire service. After discussion, staff was directed MWCC SEWER BILLINGS EVERGREEN KNOLLS ASSESSMENT ROLL Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 WACHTLER AND FIRE STATION APPRAISALS Page No. 2305 July 16, 1985 to contact the involved communities regarding 1986 billings. Financial Advisor Shaughnessy reviewed proposed alternatives relative to the increases in the City's billings from the Metropolitan Waste Control Commission. He advised the Council that a rate increase effective the third quarter of 1985 is proposed to cover the increased costs to MWCC. He also noted a possible need for an additional rate increase in the third or fourth quarter of 1986. Councilmember Blesener indicated she would prefer to see a single rate increase large enough to cover both 1986 and 1987 costs, rather than two increases over the next year. Public Works Director Danielson explained how the MWCC monitors the flow from the City. Financial Advisor Shaughnessy advised the Council that staff will return with two or three suggested rate proposals and a new resolution of rate changes at the second meeting in August or the first meeting in September. Councilmember Cummins moved the adoption of Resolution No. 85-50, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL FOR EVERGREEN KNOLL AND ADJACENT AREAS (IMPROVEMENT NO. 83, PROJECT NO. 4)". Councilmember Hartmann seconded the motion. Councilmember Cummins moved the adoption of Resolution No. 85-51, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR EVERGREEN KNOLL AND ADJACENT AREA IMPROVEMENTS (IMPROVEMENT NO. 83, PROJECT NO. 4)", with a public hearing set for Tuesday, August 20th at 7:45 P.M. Councilmember Hartmann seconded the motion. The Council discussed a memo relative to appraisals for the Wachtler property and the old fire station site, Included with the memo was an appraisal proposal from Hutchinson appraisals for a proposed fee of $3,300 to appraise these properties. Mayor Lockwood reminded the Council of a previous appraisal from Vince Dolan for the Wachtler Page No. 2306 July 16, 1985 property which could be updated, and Councilmember Hartmann advised of a possible appraisal on the old fire station site and adjacent buildings, which occurred when the City had an option to purchase the gas station and store on Dodd Road. It was the concensus of the Council for staff to research and update the old appraisals prior to any formal action being taken. PARKS MASTER PLAN STUDY The Council discussed a memo pertaining to a parks master plan study, and noted a proposal from David Kirscht, landscape architect, who would prepare a study for S23,400. It was noted that the Park Commission had already reviewed the proposal and it was the desire of the Commission to solicit proposals from Damon Farber and Dahlgren, Shardlow, and Uban, Inc. A committee would then be formed to review the proposals for a recommendation to the Council. BID AWARD, ANDERSEN/ CURLEY Ayes: 4 Nays: 0 CITIZEN'S COMMIT1EE SALARY SURVEY It was the Council's wish to not solicit a proposal from Dahlgren, Shardlow and Uban, Inc., but the Council concurred that additional proposals should be solicited. Staff was directed to solicit six or seven proposals on an informal basis to present for review. Councilmember Cummins moved adoption of Resolution No. 85-52, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS AND WATER SERVICES TO SERVE ANDERSEN/CURLEY PROPERTIES (IMPROVEMENT NO. 85, PROJECT NO. 1)", awarding the bid to Orfei and Sons, Inc., for their low bid of $14,900.48. Mayor Lockwood seconded the motion. The Council acknowledged a list of potential volunteers for the City Hall Citizen's Committee and indicated that they did not desire background information on each individual. The Council acknowledged a memo from City Administrator Frazell regarding a survey of elected officials salaries. The Council indicated that this item should be discussed during budget meetings and at a time when the full Council is present. IDB HEARING Ayes: 4 Nays: 0 MISCELLANEOUS ADJOURN Ayes: 4 Nays: 0 Page No. 2307 July 15, 1985 Councilmember Hartmann moved the adoption of Resolution No. 85-53, "RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: CALLING FOR A PUBLIC HEARING THEREON", setting the public hearing for August 20, 1985 at 7:30 P.M. Councilmember Cummins seconded the motion. Staff was directed to request Bernard Friel to attend an aircraft noise meeting on Thursday, July 25, at the Richfield City Hall. Councilmember Cummins noted that he would be out of town for the July 23 joint Planning/Council meeting and also for the August 6th Council meeting. There being no further Council, Councilmember meeting be adjourned. Councilmember Hartmann business to come before the Cummins moved that the seconded the motion. TIME OF ADJOURNMENT: 10:22 o'clock P.M. <2q.4,1H41,,J /0-(054- Mary#Ann DeLaRosa Deputy Clerk ATTEST: Robert G. Lockwood Mayor