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1985-03-05 Council minutesPage No. 2217 March 5, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 5, 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 out of town. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES 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 Blesener seconded the motion. Councilmember Cummins moved approval of the minutes of the February 19th meeting with correction. Councilmember Hartmann 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 a letter from Mn/DOT regarding interchange traffic operations at T.H. 110 and I-35E. b. Acknowledgement of the Code Enforcement monthly report for February. c. Acknowledgement of the minutes of the February 26th Planning Commission meeting. d. Approval of the List of Claims dated March 5, 1985 and totalling S692,751.66. e. Approval of the issuance of an Excavating License to E and H Earth Movers, Inc., and General Contractor licenses to: Ayes: 4 Nays: 0 CASE NO. CAO 85-01, HUNTER Page No. 2218 March 5, 1985 Rei-Cor Construction, Inc. J. Paul Sterns Co. Darryl Thayer & Associates Central Roofing Co. Houle Construction Councilmember Hartmann seconded the motion. Dr. Steven Hunter was present to request approval of a critical area ordinance variance to allow construction of a home on Lot 3 of the Hunter Bluff Addition within the forty foot bluffline setback. He stated that he would like to construct the home in the area proposed on the site plan in order to take advantage of the view over the bluff: the best location is where the summer house is currently located. He felt that by locating the house as proposed he would be able to take advantage of the view without any environmental or aesthetic harm and that what he proposes would be fair and consistent with the intent of the Critical Area Ordinance. He reviewed the site plan and showed the Council members pictures of the site from several locations off the site, and stated that the house would have insignificant impact on the bluffline. He informed the Council that as the result of the Planning Commission discussion, he directed his architect to reduce the height of the structure. He noted that he plans to use either cedar or redwood for the exterior so the house blends in with the surround- ing woods and that the roof will either be either wood shakes or earthtone shingles. He further stated that he plans to plant numerous evergreens on the bluff to fill in the areas where elm trees have died. He pointed out that soil tests conducted by the University indicate that one house will not create erosion problems if the existing trees are left in tact, and this is what he plans. He stated that his site plan proposes to locate the structure 7 feet from the bluffline at the closest point but that the majority of the house would be 12 feet from the bluffline. In response to a question from Councilmember Cummins, Public Works Director Danielson stated that twelve variances from the bluffline setback have been granted in the past. Responding to Councilmember Blesener's comment that those variances have been granted on the basis of hardship, Councilmember Cummins stated that the potential reduction in the value of the lot by forcing the owner to move the structure back, because he would not then be able to take advantage of the bluffline Vote on Original Motion: Ayes: 4 Nays: 0 RIVERRAIN WATER CONNECTION Page No. 2219 March 5, 1985 view may be a hardship. Councilmember Blesener expressed concern over building within 7 feet of the bluff and all of the excavation work which would occur on the bluffline. She suggested that 20 feet from the bluffline would be a reasonable location and that she could support a 20 foot variance. After discussion, Councilmember Blesener moved to waive the public hearing requirement and to grant a 20 foot variance from the Critical Area setback requirement to allow construction of the residential structure 20 feet from the bluffline. Acting Mayor Witt seconded the motion. Councilmember Cummins felt that a fifteen foot setback would protect the bluff and provide an extra five feet of river view, yet would not be inconsistent with past practice considering the number of structures existing at or near the bluffline. Councilmember Cummins moved to amend the motion to provide for a 20 foot bluffline setback for the body of the structure and a 15 foot setback for the small portion that juts out from the main structure. The amendment died for lack of a second. Mr. Dennis Trooien, representing Trucker Sheehy, was present regarding the firm's request for the extension of the City's water system to their property located on T.H. 13 in Lilydale. Mr. Trooien distributed copies of a proposed resolution to authorize the extension. He stated that he has met with City staff and the only issue to be resolved is that of cost. He reviewed a drawing of the site, stating that his client's parcel (Tract A) is part of an original tract of land fronting on T.H. 13 but that only a small portion of Tract A fronts the highway. Tract A contains approximately 54% of the area of the original parcel. It was his contention that if the parcel had not been divided, the connection charge would be based on the total frontage of 299.77 feet. He felt that the connection charge should therefore be based on 54% of the amount which would have been charged for the entire original parcel: $10,379.20 (including interest and WAC). He acknowledged that there is precedent for the connection charge calculation used by City staff, Ayes: 2 Nays: 2 Witt Hartmann Page No. 2220 March 5, 1985 there is also precedent for the basis he proposes. Councilmember Hartmann expressed his position that the formula staff used for calculating the charge has been used in the past and stated that he could see no reason to take exception to that formula. Public Works Director Danielson stated that the same formula was used to calculate the charge for the Bream property on Lexington Avenue (also in Lilydale) and that the property is also a flag lot. Acting Mayor Witt stated that the test for establish- ing assessments is benefit received and the same test would apply for outside connections. She supported the staff recommendation. Mr. Trooien reviewed his proposed resolution, acknowledged that the City will still have the right to charge the adjacent parcel which fronts on T.H. 13 for any future utility connection. He pointed out that the resolution includes a condition that when the adjacent parcel is developed, Trucker Sheehy has the right to give prior written consent for water connection and reimbursement by the other property owner for a portion of the cost his client will expend for internal watermain construction. Councilmember Blesener felt that the total frontage should only be charged once for utility extension. Councilmember Cummins felt that the resolution establishing the connection formula does not contemplate flaglots and is not entirely applicable. City Attorney Winthrop stated that the issue is not that of assessment but rather what is a reasonable charge to provide water to the property. He pointed out that the City has no control over development of the property and that the matter at issue is only to determine a fair charge for Parcel A -- Parcel B should not be a consideration at this time. After lengthy discussion, Councilmember Cummins moved approval of the proposed resolution based on a connection charge of $10,379.20. Councilmember Blesener seconded the motion. Motion failed. After further discussion, Councilmember Blesener moved the adoption of Resolution No. 85-20, "RESOLUTION AUTHORIZING WATER CONNECTION TO RIVERRAIN Ayes: 4 Nays: 0 COMPUTER STUDY CITY HALL Ayes: 4 Nays: 0 STREET SWEEPING Ayes: 4 Nays: 0 POLICE AGREEMENT Ayes: 4 Nays: 0 FIRE MARSHALL Ayes: 4 Nays: 0 BIKE TRAIL LIGHTING Page No. 2221 March 5, 1985 CONDOMINIUMS, LILYDALE, MINNESOTA," based on a connection charge of $12,500, and as amended by Council. Councilmember Cummins seconded the motion. The Council acknowledged and briefly discussed a memo from the City Administrator recommending preparation of a data processing study. As the result of the - discussion, staff was directed to contact other communities including .those.that have left LOGIS and request propbsals from 44ditional-firMs for preparation of the -study. The Council discussed a proposed request for proposals for a city hall architect. Various changes were made in the draft RFP„ - Councilmember Cummins moved to distribute the amended Request For Proposals to an appropriate list of qualified architects. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved that the contract for 1985 street sweeping be awarded to Joe Rosse Commercial Sweeping for their low bid of $46.50 per hour. Councilmember Blesener seconded the motion. Councilmember Blesener moved to approve the 1985 contract with the Police Officer's bargaining agreement. Acting Mayor Witt seconded the motion. Councilmember Hartmann moved to approve the hiring of Don Hove as Fire Marshal on a consultant basis at the rate of S12.50 per hour plus mileage. Councilmember Cummins seconded the motion. The Council acknowledged and briefly discussed a memo from the Public Works Director on backbone trail system lighting. The matter was referred to the Park and Recreation Commission. Page No. 2222 March 5, 1985 COMMENDATION The Council commended the Public Works staff for their snowplowing efforts on March 4th. ADJOURN Ayes: 4 Nays: 0 ATIEST: 2- Eli abeth A. Witt Acting Mayor There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. TIME OF ADJOURNMENT: 9:26 o'clock P.M. ithlc/24z,—) een M. Swanson City Clerk