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1985-05-21 Council minutesPage No. 2268 May 21, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 21, 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. Acting Mayor Witt called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Witt, Councilmembers Blesener, Cummins and Hartmann. Mayor Lockwood had notified the Council that he would be late. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Cummins 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 May 7th meeting with corrections. 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, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the Treasurer's monthly report for April. b. Acknowledgement of a letter to the League of Minnesota Cities nominating Councilmember Witt for League Vice President. c. Acknowledgement of the minutes of the May 14th Park and Recreation Commission meeting. d. Acknowledgement of the Fire Department monthly report for April. e. Approval of the List of Claims dated May 21, 1985 and totalling $102,158.37. Ayes: 4 Nays: 0 INTRODUCTIONS SEAL COATING Ayes: 4 Nays: 0 BIKE TRAIL Ayes: 4 Nays: 0 DEER HUNT Page No. 2269 May 21, 1985 f. Approval of the list of contractor licenses, granting licenses to: T.G.H. Plumbing Company Bob Zappa Excavating Genz-Ryan Plumbing & Heating St. Paul Plumbing & Heating Company Genz-Ryan Plumbing & Heating A and B Cement Construction, Inc. Johnson and Peterson, Inc. L and M Roofing Lawrence Signs, Inc. General Contractor Licenses: E.D.S. Construction Valley Pools, Inc. T.E.L. Home Improvements Sheehy Construction Company Klemmensen Builders, Inc. Excavating License Excavating License Gas Piping License Gas Piping License Heating/Air Condition- ing License Masonry License Masonry License Roofing License Sign Erecting License Pfoser Construction Co. Gausman Builders, Inc. Bill Wolfe Excavating Homes by Parranto Councilmember Cummins seconded the motion. Acting Mayor Witt introduced Assistant Fire Chief John Maczko and Planning Commission member John Morson to the audience. Councilmember Hartmann moved adoption of Resolution No. 85-35, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 1985 SEAL COATING," awarding the contract to the low bidder, Allied Blacktop Company, for their bid of $31,813.60. Councilmember Blesener seconded the motion. Councilmember Cummins moved adoption of Resolution No. 85-36, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF LEXINGTON AVENUE BICYCLE TRAIL (JOB NO. 8410)," awarding the contract to Preferred Paving, Inc., for their low bid of $53,772.50. Councilmember Blesener seconded the motion. Mr. Craig Cox, from the Department of Natural Resources, was present to request permission to hold a deer hunt in the Fort Snelling State Park on November 23rd and 24th. Mr. Cox explained that the hunt would be similar to that conducted in 1984 and is necessary Ayes: 4 Nays: 0 FIRE DEPARTMENT ANNUAL REPORT FIRE DEPARTMENT YARD MAINTENANCE Ayes: 5 Nays: 0 CASE NO.. 85 -05, KURTZ SUBDIVISION Page No. 2270 May 21, 1985 because of the overpopulation of deer in the park. He distributed and reviewed a summary of the 1984 hunt along with data on the deer population for 1978 through 1985 and statistics on deer /car collisions. Councilmember Cummins moved to authorize the DNR to conduct a deer hunt in the Fort Snelling State Park on November 23 and 24, 1985, regulations for the hunt to be similar to those used in 1984. Acting Mayor Witt seconded the motion. Mayor Lockwood arrived at 7:51 P.M. Assistant Fire Chief John Maczko was present to respond to Council questions regarding the 1984 Fire Department annual report. In response to a question from Councilmember Witt regarding the incidence of false alarms, Assistant Chief Maczko stated that about 355 of the 1984 calls were false alarms. The average response to each of the calls was 2.3 pieces of apparatus and 22 men for a cost of about $282 per false alarm. He felt that the concern should be addressed, indicated that repeat offenders are a problem and stated that while there has been some controversy about charging for false alarms there should be an ordinance to provide for penalties. It was the concensus of the Council that preparation of a false alarm ordinance should be placed on the staff's work program. Assistant Chief Maczko stated that the training program has been increased and that manpower is adequate. He also indicated that the department would like the Council to adopt a barbecue ordinance for apartments and condominiums and expressed the concern that the Lexington Heights Apartment complex wood frame construction presents a potential hazard. On the recommendation of the City Administrator, Mayor Lockwood moved to contract with R.C. Lawn Care to provide lawn care service for the fire station at the rate of $178 per month. Councilmember Cummins seconded the motion. Mr. Lawrence Culligan was present, representing Michael Kurtz, to request approval of the division of Lot 2, Block 1 of the Phillips Hill Addition and a parcel of unplatted property north of Lot 2 into three Page No. 2271 May 21, 1985 lots. He stated that Mr. Kurtz proposes to substantially increase the appearance of the two homes located on the properties and to increase the number of plantings around the proposed homesites. He stated that underground utilities would be provided to the lots and that there will be restrictive covenants to control future development on all three lots. The lots as proposed would consist of 27,000, 26,000 and 29,000 square feet. He indicated that one of the items of concern to the Planning Commission was common driveway to serve all three lots. He stated that the Fire Department has reviewed the plan. He informed the Council that a cul-de-sac to serve the properties would require the removal of several trees and therefore the fifty-foot wide common driveway with three driveways branching off to serve the lots is proposed. He stated that a variance from the lot width requirement at the building setback for the center lot is also requested: the lot width at the setback is 85 feet. Responding to a question from Councilmember Hartmann, Mr. Culligan stated that the lot area above the bluffline for the lots is 16,000, 12,000 and 26,000 square feet. It was noted that the Planning Commission had recommended denial of the application. Councilmember Witt asked Commission Member Morson to comment. Mr. Morson responded that he could only comment for himself, not for the entire Commission. He stated that the sketch presented this evening is not the same as that reviewed by the Commission. He indicated that the obejction he had to the plan after viewing the property was the effective area of the newly created lot which is approximately 10,750 square feet, excluding the driveway area which has no effective use. He stated that the width of the lot is less than 100 feet and the setback from the bluffline is only 35 feet by scale. He noted that the holder of the contract for deed for the property objects to the subdivision and he (Mr. Morson) is not satisfied that a contract for deed would be adequate to remove a structure and subdivide the land when the holder of the contract objects. He felt that the nature of the new (center) lot is such that it would not be large enough to accommodate the type of structure someone might want to build on it: it did not seem to be a lot appropriate to that area of the City. Mr. Culligan stated that Mr. Kurtz would pay off the contract for deed prior to platting. He agreed that Page No. 2272 May 21, 1985 the lot areas in the neighborhood are very large, but he felt that people can no longer hold onto three to five acre homesites because taxes and assessments become confiscatory. He pointed out that the total land area is approximately 82,000 square feet and informed the Council that Mr. Kurtz also owns the Beaudette's Addition (in Mendota, below the subject property) which is not proposed for development because Mr. Kurtz is displeased with some of the Lilydale bluffline development and does not want the Beaudette's Addition developed. Mayor Lockwood stated that he is familiar with the Phillips and Frye properties and felt that those property owners are apprehensive over the proposal because the fear an adverse impact on their land values. Councilmember Blesener felt that one of the Hunter concerns is that the proposal is out of character with the neighborhood in terms of lot size, and he pointed out that the actual useable area of the proposed lots is small. Mr. Kurtz, present for the discussion, stated that the middle lot is about 120 feet wide at the bluffline, that the property is located in an area of substantial homes, and that one of the proplems he has is that Mr. Phillips still owns Lot 1 of the Phillips Hill Addition. He stated that he plans to restore his home, located on Lot 2, somewhat. He noted that if he were to combine the subject property with the Beaudette's Addition, each of the lots would be about 50,000 square feet. He also stated that he has talked to Mr. Phillips and Mr. Hunter about his plans for berming and trees. Mr. Morson stated that he has quickly reviewed this evening's drawing which shows a 30 by 45 foot house on the center lot (as a possibility) at the 85 foot building line. If a proposed structure is greater than 30 feet wide a variance from the bluffline setback will be required: he felt that it is question- able whether even a 30 foot wide house could be built on the lot without a variance. He pointed out that the size and depth of the proposed center lot and the potential need for variances to accommodate a structure were the reasons for the Commission's denial recommendation. Mayor Lockwood stated that the applicant is requesting approval of rather strange looking lots: if the Council were to approve the subdivision as requested the applicant would be ill-advised to WATER MANAGEMENT ORGANIZATION Page No. 2273 May 21, 1985 return later for additional variances to accommodate a structure. He felt that Council should let the Commission denial stand at this time without prejudice to reconsideration of another, revised plan at a later date. He felt that it would be inappropriate to approve the subdivision and then be faced with variance requests when the property is sold. Councilmember Cummins stated that he shares the Council's concerns and suggested that the applicant should find a buyer for the proposed center lot who would be able to confirm that he would build the kind of structure appropriate to the area and also tht something could be built without variances. Council - member Witt stated that she is concerned about the size of the structures which could be built on the lots. Mr. Kurtz reviewed a proposal which would provide 100 feet of width at the building line for the center lot. Mr. Morson pointed out that what has been reviewed is just a sketch, not a survey. He recommended that the applicant should submit a registered survey showing the dimensions and setbacks and accurate information on lot sizes. After discussion, the matter was referred back to the Planning Commission on the basis that the applicant will provide an accurate survey, that the center lot have at least 100 feet . of width at the building line and that the lots will provide enough room for a structure without the need for future variances. Attorney Dave Moran was present to respond to Council questions regarding the proposed Mississippi River Watershed Management Joint Powers Agreement. After discussion, Mayor Lockwood moved the adoption of Resolution No. 85 -37, "RESOLUTION APPROVING THE LOWER MISSISSIPPIC RIVER WATERSHED MANAGEMENT JOINT POWERS AGREEMENT." Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 ANDERSON /CURLEY Councilmember Cummins moved the adoption of Resolution UTILITIES No. 85 -38, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER AND WATERMAIN EXTENSION TO SERVE ANDERSON /CURLEY PROPERTIES Ayes: 5 (IMPROVEMENT NO. 85, PROJECT NO. 1)." Nays: 0 Councilmember Hartmann seconded the motion. HUNTER LANE ADDITION IMPROVEMENTS Ayes: 5 Nays: 0 Page No. 2274 May 21, 1985 Councilmember Hartmann moved adoption of Resolution No. 85-39, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER AND WATERMAIN EXTENSION TO SERVE TUMINELLY'S HUNTER LANE ADDITION (IMPROVEMENT N0. 83, PROJECT N0. 1)." Councilmember Witt seconded the motion. IVY FALLS EAST STREETS The Council acknowledged and discussed a feasibility study on proposed Ivy Falls East Addition street improvements. As the result of the discussion, staff was directed to research and report on the desirability of constructing and assessing a street maintenance project. HOUSING ELEMENT AMENDMENT PARK COMMISSION Ayes: 5 Nays: 0 MISCELLANEOUS LIQUOR ORDINANCE AMENDMENTS Ayes: 5 Nays: 0 INDUSTRIAL REVENUE BOND GUIDELINES Ayes: 5 Nays: 0 The Council acknowledged and discussed a proposed amendment to the housing element of the Comprehensive Guide Plan. The proposed amendment was referred back to staff for revision. On the recommendation of the Park Commission, Council- member Blesener moved to appoint Carol Damberg to the unexpired Commission term vacated by Michael Williams. Councilwoman Witt seconded the motion. The Council expressed its appreciation for Mr. William's service on the Commission. Park Commission Member Bob Doffing, present for the appointment discussion, asked that staff be directed to research the possibility of providing a bike trail along Chippewa Avenue and to the Mendota Bridge along the proposed T.H. 110 service road. Staff was directed to pursue both recommendations. Councilmember Cummins moved the adoption of Ordinance No. 213, "AN ORDINANCE AMENDING ORDINANCE NO. 1403," to incorporate "Special Sunday Liquor License" provisions in the liquor ordinance. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved the adoption of Resolution No. 85- 40, "RESOLUTION SETTING GUIDELINES FOR THE ISSUANCE OF TAX EXEMPT HOUSING MORTGAGE REVENUE BONDS." Councilmember Witt seconded the motion. AIRCRAFT NOISE ADJOURN Ayes: 5 Nays: 0 ATTEST: Page N0. 2275 May 21, 1985 Councilmember Cummins expressed concern over aircraft noise affecting the southern half of the City and recommended the appointment of Bernard Friel to MASAC. Mayor Lockwood indicated that he will contact Mr. Friel. There being no further business Council, Councilmember Hartmann be adjourned. Councilmember Witt seconded the TIME OF ADJOURNMENT: 10:55 P.M. Robert G. Lockwood Mayor to come before the moved that the meeting motion. athleen M. Swanson City Clerk