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1982-08-03 Council minutesPage No. 1680 August 3, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA 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 the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Acting Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Mertensotto, Councilmen Hartmann and Losleben and Councilwoman Witt. Mayor Lockwood had notified the Council that he would be late. APPROVAL OF MINUTES Ayes: 3 Nays: 0 Abstain: 1, Hartmann Ayes: 3 Nays: 0 Abstain: Councilman Losleben moved approval of the minutes of the July 6th meeting. Councilwoman Witt seconded the motion. Councilman Hartmann moved approval of the minutes of the July 20th meeting. Councilwoman Witt seconded the motion. 1, Mertensotto CONSENT CALENDAR Councilman Losleben 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: 1. Approval of the List of Claims dated August 3, 1982, and totalling $122,252.04. 2. Acknowledgement of the July Code Enforcement Officer's monthly report, minutes of the July 27th Planning Commission meeting and minutes of the July 21st NDC4 meeting. 3. Adoption of Resolution No. 82-64, "RESOLUTION ESTABLISHING FEDERAL REVENUE SHARING PROPOSED USE HEARING". 4. Approval of the list of licenses, granting licenses to: L.W.T. Cement Const. Co. Stocker Excavating Genz-Ryan Plumbing & Htg. Floodmaster Engr. Corp. Forbes Construction Co. Hanson Homes, Inc. Hass/McNamara Construction Dale M. Johnson Engr. & Const.General General General Concrete License Excavating License Gas Piping License General Contractor General Contractor General Contractor General Contractor Contractor Contractor Contractor Lissick Construction Don Miller Const. Darryl Thayer & Assoc. Swanson Plumbing & Heating Donaho Roofing Superior Pool Builders, Inc License License License License License License License General Contractor License Heating & Air Conditioning Roofing License Swimming Pool Installation (Th Ayes: 4 Nays: 0 1982 SEAL COATING Ayes: 4 Nays: 0 HEARING -- CASE #82-10, BASKFIELD, CONDITIONAL USE PERMIT AND VARIANCE Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 MN/DOT MAINTEN- ANCE FACILITY Page No. 1691 August 3, 1982 Councilman Hartmann seconded the motion. The Council acknowledged and discussed receipt of tabulation of bids received for the 1982 seal coating project. On the recommendation of the City Engineer, Councilman Losleben moved that the contract for 1982 seal coating be awarded to the low bidder, Bituminous Roadways, Inc., for their low bid of $33,759.00. Councilwoman Witt seconded the motion. Mayor Lockwood arrived at 7:43 o'clock P.M. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Mr. Brent Baskfield, for a con- ditional use permit for installation of a fence, along with consideration of a request for a variance for fence height. Mr. Baskfield, owner of the subject property, 687 Decorah Lane, reviewed his application and proposed plan to install a five foot wrought iron fence around his property. He advised that his primary reasons for desiring the fence are to salvage the remaining portion of useable yard space and to provide additional security. Mayor Lockwood asked for questions or comments from the audience. There being no questions or comments, Councilman Hartmann moved that the hearing be closed at 7:58 P.M. Councilwoman Witt seconded the motion. Mayor Lockwood moved approval of the adoption of Resolution No. 82-64i "RESOLUTION APPROVING MINOR CONDITONAL USE PERMIT," approving the installation of a five foot wrought iron fence in accordance with the site plan provided by Mr. Baskfield, on the condition that no plantings be permitted in the face of the fence in the front yard, parallel to the front of the house, and also 15 feet northerly along the westerly side lot line, and further conditioned that the fence be no greater than 36 inches above the grade of Ocala Lane. Councilman Hartmann seconded the motion. The Council acknowledged receipt of a letter from District 9 Acting Engineer, Wayne Murphy, requesting Council approval of the issuance of a building permit for the Mn/DOT maintenance facility proposed to be sited at 2229 Pilot Knob Road. Mr. Murphy and Mr. Bob Krueger were present for the discussion, and reviewed landscaping plans for the Council. The Council had several questions regarding utility extension to the proposed structure. Public Works Director Danielson advised that the applicants are requesting an extension of sewer and water utilities Page No. 1682 August 3, 1982 to the structure as soon as possible in the spring of 1983. Engineer Kishel advised the Council that the City could install utilities following the platting as proposed by City Planner Howard Dahlgren. Mr. Danielson advised the Council that the Metropolitan Airports Commission staff plans to discuss the redevelopment of the MAC property at its next staff meeting, and that the City staff recommends approval of the issuance of the requested permit at this time. Administrator Johnson suggested that the Council grant approval of the permit conditioned upon receipt of a letter from the Metropol- itan Airports Commission that the Commission would give the City any right-of-way necessary to accomplish the extension of utilities to the site. After discussion, Councilman Mertensotto moved the approval of the issuance of a building permit for proposed Mn/DOT maintenance facility conditioned upon receipt of right-of-way dedication for utilities and roadways and whatever easements may be necessary to extend utilities to the project site. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 CASE #82-07, Dr. Patrick Ballard was present to request Council approval of an BALLARD, SIGN amended variance application to allow installation of the sign VARIANCE at the entrance to the Dakota County State Bank. Dr. Ballard stated that the proposed sign post would be five foot tall, and would be set back six feet from the South Plaza Drive right-of- way. In response to Council questions, he stated that he will own the sign and that anyone else in the Bank Building who wishes to use the directional sign may buy into it. Ayes: 5 Nays: 0 EAGLE POINT SALES FACILITY Mayor Lockwood moved approval of the requested 24 foot sideyard setback variance to allow installation of a five foot sign post six feet from the South Plaza Drive right-of-way, on the condition that the Council reserves the right to order removal of the sign should Dr Ballard decide to vacate the premises at some future time. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from Howard Bream, requesting the extension of the permit for a temporary sales facility on the Eagle Ridge property. In his letter, Mr. Bream had requested that the original permit, due to expire on August 1, 1982, be extended to August 1, 1983. As part of the discusion on the request, Administrator Johnson pointed out that an unauthor- ized 2' x 2' directional sign has been installed on Marie Avenue to direct potential buyers to the sales trailer, and suggested that the Council should direct that this or any other similar signs be removed. Councilman Mertensotto moved to grant an extension to Eagle Point Development for their temporary sales facility permit, extending the original permit to August 1, 1983, conditioned upon com- pliance with all regulations on additional signing and removal of any unauthorized signs. Ayes: 5 Nays: 0 CASE #CA0-82-01, NONNEMACHER Ayes: 5 Nays: 0 Page No. 1683 August 3, 1982 Councilwoman Witt seconded the motion. The Council acknowledged and discussed an application from Mr. Thomas Nonnemacher for review of his critical area site plan for Lot 4, Mayfield Heights Addition. The Council also acknowledged a memo from the Public Works Director relative to the site plan, explaining the application and describing the lot and recommending that the site plan be approved. Public Works Director Danielson advised the Council that all of the conditions of the Critical Area Ordinance have been complied with and all that remains is the erosion control measures. Councilman Mertensotto moved approval of the Critical Area site plan with the condition that proper erosion control methods be employed. Councilman Hartmann seconded the motion. CASE #82-13, COLON, Mr. Vern Colon and Mr. Charles Bartholdi, representatives of VARIANCE Federal Land Company, were present to request approval of a variance to allow an application for planned unit development for a parcel of property consisting of 5.62 acres, rather than 10 acres as required by the Zoning Ordinance. The Council acknowledged receipt of several letters supporting the variance application, a petition in favor of the variance signed by a number of City residents, along with memos from the City Planner and Public Works Director. The Council also acknowledged minutes of the July 27th Planning Commission meeting wherein the Commission recommended approval of the variance. Mr. Colon acknowledged that he understands that the variance must be considered and approved before he may make application to the Planning Commission for a conditional use permit for a planned unit development. Mr. Colon pointed out that a petition, which had been received by the Council, was signed by several surround- ing property owners and that he has met with Jerry Shaughnessy and reviewed the concept of a revised townhouse development plan. He stated that Mr. Shaughnessy advised him that based on the new proposed plan, he would have no objection to the townhouse concept. Mr. Bartholdi, legal counsel for Federal Land Company, displayed drawings of the property and a potential townhouse layout. He stated that since the matter before the Council relates only to the variance, he would reserve any comments on a PUD concept until such time as a PUD application is heard. Mr. Bartholdi expressed the opinion that the Council must only answer two questions on the issue with reference to the variance: whether a substantial hardship exists and whether a substantial portion of the property would be preserved through the PUD process which would not be preserved through a single family development. With reference to hardship, Mr. Bartholdi stated that the property consists of only 5.62 acres and is surrounded by developed property so there is no property available to expand the site size to the required 10 acre area. He also noted that a second problem, storm water drainage Page No. 1684 August 3, 1982 on the site and to adjacent properties to the northeast also exists. He stated that in order to resolve the storm water drainage problems,Federal Land Company has developed and proposed a ponding area to alleviate the problems for both on site water and water draining onto the property from the adjacent land. He suggested that single family development of the site would not allow development of a ponding area. He pointed out if the variance were granted and the PUD were considered, the important aspect in the PUD would be the retention of natural amenities and the City control of landscape design and the placement of all of the units. He stated that the new concept for a PUD would preserve site lines and views of all existing homes in the area, the structures would be single story units, 14 feet high. He noted that if the variance were not granted and single family development would occur, two story, 20 foot high structures could be constructed and views from the surrounding area would not be protected. Two architects representing Federal Land Company, Damon Farber and John Pope, reviewed potential landscaping plans and artists renditions of the proposed development for the area. Among other information presented, it was noted that there would be a housing coverage of 16.5% under the concept, 11% of the area would be used for pavement, and the remaining 72.5% of the area would be open space. The concept would address a maximum of 16 units, two units back to back, with a mixture of roof lines. Two members of the audience asked questions relative to potential assessments to adjoining propertyowners for storm sewer improve- ments and the possible connection of Miriam and Hiawatha. Mr. Colon stated that he would be willing to commit to all costs involved in the development of the site, including the Miriam Hiawatha connection, but could not commit himself to total costs for storm sewer drainage system improvements. Councilman Losleben stated that Mr. Bartholdi has indicated that there is a hardship based on the inability to acquire enough land to meet the PUD area requirement. He asked whether the applicants knew there was no available property in the area at the time that the property was purchased. He indicated that he does not believe the lack of available space constitutes a hardship. Councilman Mertensotto pointed out that it is the responsibility of the Council to represent the interest of the City, and that people in the area surrounding the Colon property have been against all past proposals for a PUD on the site. He suggested that if the Council approves the variance, the applicant might take the City to court if the conditional use permit application is later considered and denied. He stated that he would have no objection to the granting of the variance to allow Mr. Colon to work with the surrounding property owners to see if a townhouse development could be acceptable to them, but pointed out to Mr. Colon that if the neighbors object to a proposal, he will again be faced with the same problems he has faced in past conditional use permit con- sideration. Mr. Colon pointed out that he has submitted a petition from the neighbors approving of the variance and that all he is Ayes: 3 Nays: 2, Losleben, Hartmann Case #82-15, SUBURBAN LIGHTING (SURFCO) SIGN VARIANCE Ayes: 5 Nays: 0 Page No. 1685 August 3, 1982 asking for is variance approval so that a PUD can later be considered. Councilman Losleben stated that the land was first purchased with the knowledge that no additional space was available to allow enough size for a PUD under the Ordinance and could see no hardship on which to base variance approval. Councilman Hartmann felt that the variance application is really a request for a change in zoning and did not want to take any action which might set a precedent for similar future variance applications. Councilwoman Witt felt that several of the signatures on the letters and some signatures on the petition were by people outside the 350 foot radius required under the abstractor's certificate. She asked that Mr. Colon confine any future petitions to those people on the abstractors list. Councilman Mertensotto stated that he would have no problem with approval of the variance as long as the applicant is confident that he can work out all problems with the neighbors, and on the basis that the Council reserves its right to deny any PUD application if it is not acceptable to the neighborhood. Councilwoman Witt moved approval of the variance from the 10 acre PUD area requirement, to allow the applicant to process a PUD application without any committment to approval of a PUD application. Councilman Mertensotto seconded the motion. Representatives of Suburban Lighting Company were present to request approval of a variance to allow installation of a new Surfco Gas sign on the exiting pylon at the former Skelly Oil Station at TH 110 and Dodd Road. It was noted that the variance is necessary because the existing standard is located within six feet of the right-of-way of TH 110 and Dodd Road, whereas the Ordinance requires a 30 foot setback. Representatives of Suburban Lighting, present for the discussion, also advised the Council that they are requesting approval to install a price sign on the south side of the station building, as recommended by the Planning Commission, rather than their original request to place signs on the standar4 which would be consistent with other stations in the City. It was the concensus of the Council that these signs posted on the standard would be preferable to signs placed on the structure. Councilman Mertensotto moved approval of the sign setback variance, along with approval of the installation of two 3'x5' gas price signs on the pole, on the condition that the pole height be a 15 foot maximum and that the price signs be placed nine feet above ground level. Councilman Hartmann seconded the motion. CASE #82-19, GEHRZ, VARIANCE Ayes: 5 Nays: 0 FEASIBILITY STUDY ( ) Ayes: 5 Nays: 0 CASE #82-17, BALYK, SUBDIVISION MISCELLANEOUS Page No. 1686 August 3, 1982 Mrs. Richard Gerhz was present to request approval of a six foot rearyard setback variance to allow the installation of a swimming pool at 1047 Marie Avenue. Mrs. Gerhz explained that the variance was necessitated by an error on the contractor's part in locating the swimming pool on the site. As part of the discussion, the Council expressed its irritation with the contractor and several faults which occurred in construction of the pool foundation and directed staff to look into the matter to determine whether the contractor's license should be revoked. After discussion, Councilman Mertensotto moved approval of the six foot rearyard setback variance at 1047 Marie Avenue, to allow installation of a swimming pool 24 feet from the rear property line. Councilwoman Witt seconded the motion. Mr. Rollin Crawford was present to represent the Bisanz family, owners of property at the northwest quadrant of 135E and Mendota Heights Road. Mr. Crawford stated the because of Mn/DOT taking a portion of Bisanz's property, sewer access to the site is reduced. He asked that the Council authorize prepareation of a feasibility study to determine costs of the various methods of providing sewer to the property. He suggested that there is an urgency to the matter because of the impending construction of I35E and because the option of connecting to the west after paving work is done on 135E may be precluded. City Engineer Kishel advised the Council that the original Comprehensive Plan of the City indicated a method to serve the subject site with sewer at some time in the future. He stated that the method is still valid, and that the property owners were aware of the sewer information before purchasing the property. He pointed out that contiguous properties easterly of the Bisanz site will be served by a lift station according to the plans which were made many years ago. Afterdiscussion, Councilman Mertensotto moved the adoption of Resolution No. 82-65, "RESOLUTION AUTHORIZING PREPARATION OF REPORT ON IMPROVEMENTS, " authorizing the City Engineer to prepare a study subject to receipt of an escrow deposit to cover all costs of the report and further subject to receipt of an appropriate petition for improvements. Councilman Hartmann seconded the motion. There being no one present to discuss the Minnesota Federal Savings and Loan application for the replat of a portion of Delaware Crossing, discussion on the matter was tabled to the next meeting. Mr. Cedric Kirshner, was present to request Council approval of the conduct of a sale at Cedric's warehouse, located in the Industrial park. Mr. Kirshner stated that he would like to conduct a 10 day (maximum) warehouse sale open to the public within the next two weeks. Ayes: 5 Nays: 0 BUROW POND Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 ELDERLY HOUSING AUDIT MISCELLANEOUS COMMENDATION Ayes: 5 Nays: 0 Page No. 1687 August 3,.1982 After further discussion, Councilman Losleben moved approval of conduct of a warehouse sale at Cedric's warehouse, for one week, commencing August 9th, with the option of a continued sale on August 20 and 21 and 22nd, on the basis that the sale be conducted during the hours of 11 to 5 PM on Sunday, 10 AM to 8 PM on Monday and noon to 8 PM on all other days. Mayor Lockwood seconded the motion. City Engineer Kishel reviewed his memo to the Council relative to the draining of the Burow pond by Mr. Thomas Burow. He explained the history of the pond and platting of Rolling Green for the Council, and responded to several questions from residents of the area present for the discussion. Councilman Mertensotto moved that the City Administrator advise Mr. Burow to discontinue all pumping and to order removal of any obstruction to the City's storm sewer drainage system, and requesting that he appear at the next Council meeting to explain the matter. Councilman Hartmann seconded the motion. The City Clerk advised the Council of an error in the June 15th minutes, which minutes had not:IntludedLtheadoption.of a Resolution ordering preparation of assessment rolls. Mayor Lockwood moved approval of an amendment to the minutes of the June 15th meeting, reflecting the adoption of Resolution No. 82-51A, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLLS". Councilman Hartmann seconded the motion. City Administrator Johnson advised the Council that the Wilder foundation is still diligently pursuing an elderly structure, and updated the Council on the status of the Wilder efforts. Administrator Johnson distributed copies of the 1981 City financial audit, and advised the Council that Mr. Steve Laible would be present for the next regular meeting to discuss the audit. Council acknowledged receipt of copies of the 1982 Stanton Report. Administrator Johnson distributed copies of a proposed street assessment policy for future Council discussion. Councilman Mertensotto moved the adoption of Resolution No. 82-66, "RESOLUTION COMMENDING KATHLEEN SWANSON FOR HER DEDICATION AND ATTAINMENT OF CERTIFICATION FROM THE MUNICIPAL CLERKS AND FINANCE OFFICERS ASSOCIATION". Councilman Losleben seconded the motion. ADJOURN Ayes: 5 Nays: 0 Page No. 1688 August 3, 1982 There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned to 7:30 P.M. on August 10th, when the Council will hear the several departmental budget requests. Councilman Losleben seconded the motion. TIME OF ADJOURNMENT: 11:34 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Robert G.Lockwood Mayor