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1985-06-04 Council minutesPage No. 2275 June 4, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 4, 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, Cummins, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann 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 May 21st meeting with corrections. 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, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the Code Enforcement monthly report for May. b. Acknowledgement of the minutes of the May 28th Planning Commission meeting. c. Acknowledgement of the minutes of the April 17th NDC-4 meeting. d. Approval of the List of Claims dated June 4, 1985 and totalling $126,147.97. e. Approval of the list of contractor licenses, granting licenses to: M.J. Ryan Construction Co. Excavating License Able Fence, Inc. Fence Installation License Midwest Fence and Fence Installation License Manufacturing Co. Ayes: 5 Nays: 0 FIRE DEPARTMENT Ayes: 5 Nays: 0 PLANNING STUDY Egan and Sons Company Metropolitan Mechanical Contractors, Inc. Steel Fence and Construction Nick Heinen Holle Construction Egan and Sons Company Page No. 2276 June 4, 1985 Gas Piping License Gas Piping License General Contractor License General Contractor License General Contractor License Heating & Air Conditioning License f. Approval of the issuance of a Rubbish Hauler License to Roadway Rubbish. Councilmember Witt seconded the motion. Councilmember Witt moved that Erick Schmidt be appoin- ted to the Volunteer Fire Department. Councilmember Hartmann seconded the motion. The Council acknowledged and discussed a memo from the City Administrator regarding preparation of a study of land use in the 1-494 Corridor. Mayor Lockwood stated that requests for rezoning and multiple residential development have been made for development along the corridor and Council is considering the question of whether a planning study should be made on the 1-494 corridor. The estimated costs are $8,500 for phase one and $12,000 for phase two, for a total maximum study cost of S20,500. Administrator Frazell stated that the estimated time for completion, including preparation of Comprehensive Plan amendment, is ten to eleven weeks. It was the general concensus that Council should meet with Planner Dahlgren to provide input prior to report preparation. Councilmember Cummins suggested that Condor Corporation should be notified that its development proposal cannot be considered for at least three months. Councilmember Hartmann suggested that staff research files to determine whether a study had been done on the Owens property in the past. Councilmember Witt felt that the park issue should also be addressed in the report. She noted the portion of the May Planning Commission minutes which stated that park contributions for development in the area would be cash rather than land and pointed out that the Park Commission has the right to review all development proposals before Council review and before Ayes: 5 Nays: 0 HEARING - NORTH END STREET IMPROVEMENTS Page No. 2277 June 4, 1985 any determination is made on park contribution on any of the projects. Planning Commission Chairperson Kruse, present for the discussion, stated that he would hope the Planner would also look at how the land could be developed if the properties are not rezoned. After discussion, Councilmember Blesener moved to authorize the start of the 1-494 corridor study. Councilmember Witt seconded the motion. The Council directed that the City Planner be requested to meet with Council either before or after the Board of Review meeting on June 10th or at 6:30 on June 18th to determine elements that should be contained in the report. Mayor Lockwood opened the meeting for the purpose of a public hearing on proposed street and storm sewer improvements in the north end area. Mayor Lockwood turned the meeting over to staff for review of the proposed improvements. Public Works Director Danielson stated that at the hearing conducted in April to consider street and drainage improvements staff proposed that curb and gutter be installed on Chippewa Avenue only, that Chippewa be upgraded to MSA standards, and that a bituminous overlay be installed on Fremont, Hiawatha, Garden Lane and Ellen Street. He stated that at that hearing property owners on Hiawatha and Garden expressed interest for curb and gutter, and staff was directed to study the feasibility and costs. He informed the audience that the estimated cost for the originally proposed project were as follow: S188,000 for street and curb and gutter, reduced by $135,000 in M.S.A. financing and $72,000 for storm sewer improvements, reduced by $27,000 in M.S.A. financing, for estimated assessment rates of $6.40 per lineal foot for street improvements and S.095 per square foot for storm sewer. The estimated cost for construction of Chippewa to M.S.A. standards and urban standard streets and increased storm sewer throughout the project is $394,000. After application of the M.S.A. subsidy, the estimated assessment rate for street, curb and gutter is $13.69 per lineal foot, and the estimated rate for storm sewer improvements is $0.13 per square foot. Administrator Frazell presented a comparison of proposed project costs and assessment rates for the project proposed in 1984, prior to the availability of Page No. 2278 June 4, 1985 M.S.A. financing, which consisted of limited reconstruction of all of the streets with a 2 to 2 1/2 inch bituminous overlay, the project considered at the recent public hearing and the project being considered this evening. The 1984 proposal would have resulted in an estimated cost of $1,240 for a typical (80 by 120 foot) residential lot. Scheme A, full construction on Chippewa, limited storm sewer construction and a bituminous overlay on the other streets, would cost an estimated $3,250 per typical lot before application of MSA financing. After appli- cation of the MSA monies, the estimated cost per typical lot is $1,424. Scheme B, MSA standard construction for Chippewa Avenue and urban standard streets, with curb and gutter and increased storm sewer throughout the remainder of the project, would result in an estimated assessment of $3,917 per typical lot. After application of MSA financing, the estimated assessment for Scheme B is $2,343 for a typical lot. Administrator Frazell explained that the total area has been defined as a project area and that MSA financing will be used to upgrade Chippewa. He further explained that it has been City policy in the past to assess the properties abutting MSA streets at a per front foot amount equivalent to City averages for recent improvement projects. It is proposed, under both schemes, that the remainder of the project cost, after application of the MSA funding, be assessed against all of the benefitting properties at the same assessment rates. Mayor Lockwood asked for questions and comments from the audience. Mr. Peter Solberg stated that he does not feel that this is a neighborhood project and asked why the City could not treat Chippewa as one project and the rest of the area as another. Mr. Frazell responded that if the City were to treat this as any other MSA project, the residents would be asked to pay the average rate for street construction which is now about $30.00 per front foot. Mr. Don Clifford stated that Chippewa provides the only access to Dodd from much of the north area and suggested that maybe all of the other streets in the area, Diego Lane, Kirchner, etc., should be assessed for Chippewa Avenue improvement also. The owner of 1070 Chippewa stated that last year the estimated cost just to put a "cap" on the streets was Page No. 2279 June 4, 1985 $15.50 and all streets were going to be the same. At the hearing, the neighbors asked the City to get some aid, which it did (MSA). As the result, he said, the project doubled and the cost was cut in half: now the costs projected are back up (Scheme B). Ms. Ruth Houle, 933 Delaware, asked how her property would be affected by the storm sewer portion of the project. Mr. Norbert Patterson, 953 Delaware, stated that the water from the properties on the hill-side of Chippewa, with Delaware or Chippewa addresses, does not cross Chippewa until it gets to Annapolis and doesn't cause any of the problems involved in this project. An owner of property on the west end of Hiawatha stated that he is in favor of the project and believes the entire block is but he does not know of anyone on his block who is in favor of storm sewer improvements. He felt that storm sewer is unnecessary and stated that he could agree with curb and gutter installation and street improvement, but not storm sewer. Mr. Solberg asked whether the projected cost includes reconstruction of driveways and landscaping on private property. He did not believe that it should, and felt that the property owners should take care of their own landscaping. The owner of 1035 Chippewa stated that she has about 210 feet of frontage and asked whether she would be assessed for full frontage on her odd-shaped lot. Mr. Robert Reedstrom, 530 Hiawatha, stated that a good deal of water from the street runs onto his lot and that he has 10 to 20 inches of water in his back yard during very heavy rains. He stated that the water runs from Chippewa and that he is in favor of putting storm sewer down at least the section of Hiawatha where the water is coming from. He felt that if this is not done, Hiawatha will require continual maintenance because of erosion problems created by the storm water. He felt that if possible, half of the MSA money should be used to subsidize Chippewa Avenue residents, and the other half should be applied to the balance of the area. Mr. Allan Wise, 990 Chippewa, stated that he couldn't see why Chippewa property owners should help to pay for storm sewer for the balance of the project since ( Ayes: 5 Nays: 0 Page No. 2280 June 4, 1985 Chippewa properties were assessed for storm sewer nine years ago. Public Works Director Danielson replied that the storm sewer is not a neighborhood project: it is to be paid for on a square footage basis and only those properties whose water drains into the system are proposed to be assessed. Mayor Lockwood stated that one problem facing the Council is whether the proposal reviewed at the earlier hearing met with the expectations of the people and whether those expectations can be fulfilled. He informed the audience that it must be understood that there will still be some ponding of water on private properties. Public Works Director Danielson confirmed that there is no guarantee that all backyard drainage problems will be resolved: if ponding occurs in backyards, the property owners will have to do some yard grading so that the water flows to the street. Mayor Lockwood informed the audience that a petition has been received for curb and gutter improvements on Hiawatha. Mr. Solberg read, and presented to the Council, a petition from Chippewa Avenue property owners opposing the proposed method of assessment under Scheme B. Mr. Donald Suchomel, 531 Hiawatha, reminded the Council that a petition for curb and gutter on Hiawatha Avenue and Garden Lane was submitted at the May 7th meeting. Mr. David Longbehn, 921 Chippewa, objected to proposed Scheme B. Ms. Kathy Johnson, 950 Delaware, asked how many MSA street projects have been completed in the past and how they have been assessed. Mr. Wise stated that there are only two accesses to Highway 13 from the area and asked how long it will be before additional access is provided. There being no further questions or comments from the audience, Councilmember Cummins moved to close the hearing at 9:22 P.M. Councilmember Witt seconded the motion. Page No. 2281 June 4, 1985 Councilmember Witt stated that at the prior discussion there had been comments from some people on Hiawatha that they would assume the costs for curb and gutter themselves. She asked if a cost projection is avail- able. Public Works Director Danielson indicated that the cost for curb and gutter would be approximately $10 to $12 per front foot. Mayor Lockwood stated that if Scheme B is not constructed, the only curb and gutter feasible is for Hiawatha, not Fremont or Garden. He felt that if the City can accommodate the people who have petitioned for curb and gutter on Hiawatha and the costs can be assessed only against those properties at a reasonable cost, it should be considered. Councilmember Cummins asked, based on past precedent for MSA projects, if just Chippewa were being improved and none of the other streets were considered, whether the Chippewa properties would be assessed $20 to $30 per foot. Public Works Director Danielson responded that if past policy were applied (assessing an average rate for current street improvement projects), the rate would be S22.38 per foot under this project. Mayor Lockwood noted that a number of Hiawatha Avenue property owners had requested curb and gutter and suggested that storm sewer installation under Scheme A could be upgraded to the extent necessary to support the curb and gutter petitioned. The property owners could pay for curb and gutter, the cost for storm sewer construction necessary to make the drainage system work could be paid by all of the assessible property within the project. He pointed out, however, that all of the curb and gutter improvements, including that petitioned for Garden Lane, must be contiguous and must run westerly from Chippewa. Councilmember Blesener stated that several Chippewa Avenue property owners have objected to increased street assessment rates if curb and gutter improvements are constructed on streets other than Chippewa. She pointed out that what the Council is now discussing is that property owners on Hiawatha would pay a much greater rate, if Hiawatha receives curb and gutter, than the $6.40 per foot that those on Chippewa would pay. Councilmember Cummins stated that curb and gutter would be an option for Hiawatha residents. Administrator Frazell suggested that staff be directed to prepare plans and specifications with delete Ayes: 5 Nays: 0 RECESS CASE N0. 85-09, FETT VARIANCE Ayes: 5 Nays: 0 CASE NO. 85-08, MCGOWN SUBDIVISION Page No. 2282 June 4, 1985 alternates (for curb and gutter) to determine what actual rates will be. After discussion, Councilmember Hartmann moved the adoption of Resolution No. 85-41. "RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF STREET IMPROVEMENTS AND APPURTENANCES TO SERVE CHIPPEWA AVENUE, ELLEN STREET, GARDEN LANE, HIAWATHA AVENUE, FREMONT AVENUE, MUNICIPAL STATE AID PROJECT NO. 140-108-01 AND ADJACENT AREAS (NORTHEND STREETS, IMPROVEMENT NO. 79, PROJECT NO. 3)," with curb and gutter improvements on Hiawatha, Fremont, Garden and Ellen to be addressed in the plans as deduct alternates. Mayor Lockwood seconded the motion. Mayor Lockwood called a recess at 9:45 P.M. The meeting was reconvened at 9:55 P.M. Councilmember Cummins moved approval of a 10 foot front yard setback at 2337 Apache, to allow construction of a garage addition 20 feet from the front property line. Councilmember Hartmann seconded the motion. Representatives of Mrs. Bernice McGown were present to request approval of the subdivision of part of Lot 36, Auditor's Subdivision No. 3 (768 W. Wentworth) into four lots, along with approval of 6.7 foot variances from the lot width requirement for proposed Lots 1, 2 and 3. It was noted by Mrs. McGown's son that the only concern expressed by the Planning Commission was over the new driveways which will enter Wentworth. He stated that Mrs. McGown agrees with the recommended requirement for "T" driveways and informed the Council that Mrs. McGown plans to build a residence on Lot 2 and will put in a turn-around ("T") driveway. Councilmember Blesener asked whether the applicant had considered providing a single easement for access to Wentworth by all of the lots. Surveyor Paul McGinley stated Mrs. McCown had considered a 5 to 6 lot plat with an internal street and cul-de-sac but the cost for cul-de-sac construction was too great. He stated that an access easement and "flag lots" were not considered because he did not believe it is customary to divide single family lots without providing individual access to the street. Ayes: 5 Nays: 0 CASE NO. 85-13, SELLNER VARIANCE Ayes: 5 Nays: 0 CASE NO. 85-14, UNITED PROPERTIES VARIANCE Ayes: 5 Nays: 0 CASE NO. 85-12, DURBAHN VARIANCE Page No. 2283 June 4, 1985 Mayor Lockwood expressed the concern that someone who buys one of the lots may in the future want to sell off the back of his property for development. Mr. McCown responded that whoever buys the lots will buy them as large lots with the understanding that they cannot be further divided. Mr. McGinley distributed copies of a site plan showing proposed driveway locations with a 1% slope to Wentworth. After discussion, Councilmember Hartmann moved approval of the preliminary plat for Wentworth Meadows, including lot width variances as rt=A-quested, on the condition that the driveways be "T" type similar to the suggested site plan presented by Mr. McGinley. Councilmember Cummins seconded the motion. Councilmember Hartmann moved approval of an 8 foot variance from the required 30 foot rearyard setback requirement at 1855 Summit Lane, Lot 13, Block 2, Lexington Highlands East, to allow construction of a garage addition 22 feet from the westerly property line. Councilmember Witt seconded the motion. Mayor Lockwood moved approval of a 20 foot variance to the 40 foot front yard sign setback requirement for Lot 1, Block 2, Mendota Heights Business Center to allow installation of a Cray Research building identification sign 20 feet from the property line. Councilmember Cummins seconded the motion. Mr. Dennis Carlson, representing Ms. Michele Durbahn, appeared to request approval of variances from the garage size and sideyard setback requirements for 583 Valley Lane. Mr. Carlson reviewed a site survey showing the location of the garage, to be constructed on the existing slab of a garage which has been demolished, one and one-half feet from the side property line. Mr. Carlson stated that the garage will be constructed so that the eaves are no closer than 6 inches from the property line. Councilmember Blesener moved approval of a 3 1/2 foot variance from the sideyard setback requirement and a Ayes: 5 Nays: 0 CRITICAL AREA SITE PLAN REVIEW Ayes: 5 Nays: 0 MN/FSL CONTRACTOR LICENSE Ayes: 4 Nays: 0 Abstain: 1 Cummins PEDWAY Ayes: 5 Nays: 0 Page No. 2284 June 4, 1985 200 square foot variance from the 440 square foot garage size requirement to allow construction of a 240 square foot garage one and one-half feet from the easterly property line at 583 Valley Lane in accordance with the site survey dated May 31, 1985. Councilmember Hartmann seconded the motion. Mr. Donald Taylor, 711 Woodridge Drive, was present to request approval of a modified critical area site plan for construction of a porch addition. It was noted that the structure will not intrude on the 40 foot critical area setback and that Council review of the site plan is a procedural requirement of the Critical Area Ordinance. Councilmember Blesener moved approval of the critical area site plan for 711 Woodridge Drive along with waiver of the site plan review fee. Councilmember Witt seconded the motion. The Council acknowledged and discussed a report from the City Administrator regarding investigation of complaints against MN/FSL made at the May 7th hearing. Attorney Curt Anderson was present on behalf of MN/FSL. Councilmember Cummins stated that the contractor's behavior has improved since the hearing and indicated that if staff continues to monitor the contractor's activities he will be satisfied. Mayor Lockwood moved that the City Council finds that the evidence before Council does not justify action against the MN/FSL general contractor license at this time. Councilmember Hartmann seconded the motion. There was brief discussion over the need for issuance of certificates of occupancy and the necessity for clarification of the licensing ordinance language. Councilmember Witt moved adoption of Resolution No. 85-42, "RESOLUTION APPROVING LIMITED USE PERMIT LU 1- 85 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MENDOTA HEIGHTS FOR A PEDESTRIAN WALKWAY," BETWEEN 1-35E AND ROGERS LAKE. Councilmember Blesener seconded the motion. IVY FALLS EAST STREETS GUN CLUB LAKE WATERSHED MANAGEMENT MASAC Ayes: 5 Nays: 0 MISCELLANEOUS ADJOURN Ayes: 5 Nays: 0 Page No. 2285 June 4, 1985 The Council acknowledged and briefly discussed an engineering study on Ivy Falls East street improvements. It was the concensus of the Council that, until a petition for street improvements is received, a "minimum maintenance" approach of filling potholes with temporary patch material be taken. Discussion on the proposed Gun Club Lake watershed management agreement was tabled to June 18th. Councilmember Witt moved that Bernard Friel be appointed as the City's representative on the Metropolitan Airport Sound Abatement Council, effective for the July meeting. Councilmember Hartmann seconded the motion. The Council expressed its appreciation to Lawrence Shaughnessy for his many years of service on the MASAC. The Council acknowledged a memo from the City Administrator informing Council that 12 ash and spruce trees surrounding the Mendota Heights Road lift station must be removed. The memo indicated that if acceptable to Council the trees would be transplanted to the City property adjacent to that portion of the Lexington Highlands Outlot which was recently sold by the City. The Council indicated that the proposal is acceptable. There being no further business to come before the Council, Councilmember Witt moved that the meeting be adjourned. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:16 P.M. ( 7 2/7,71 Kathleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor _12