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1981-11-03 Council minutesPage 1563 November 3, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 3, 1981 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. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Losleben, Mertensotto and Witt. CONSENT CALENDAR Ayes: 5 Nays: 0 Councilman Mertensotto moved approval of the following consent calendar items, submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein: L. List of Claims dated November 3, 1981 and totalling $218,089.13. 2. The granting of licenses to the following: Bituminous Roadways, Inc. Beissels Excavating Mounds Park Excavating, Inc. Adolfson & Peterson Western'Remodelers 3. Ordinance No. 184, Ordinance No. 185, Ordinance No. 186, Ordinance No. 187, Ordinance No. 188, Ordinance No. 189, Ordinance No. 190, Ordinance No. 191, Ordinance No. 192, Ordinance No. 193, Ordinance No. 194, Ordinance No. 195, 4. Resolution No. 81 Asphaltic/Concrete Paving License Excavating License Excavating License General Contractor's License General Contractor's License Ordinance Amending Ordinance No. 107 Ordinance Amending Ordinance No. 501 Ordinance Amending Ordinance No. 802 Ordinance Providing for Amendment of Penalty Provision Ordinance Amending Ordinance No. 102 Ordinance Amending Ordinance No. 805 Ordinance Amending Ordinance No. 106 Ordinance Amending Ordinance No. 803 Ordinance Amending Ordinance No. 1505 Ordinance Providing for the Regulation and Operation of Bicycles in the City of Mendota Heights and Providing Penalty for Violation Thereof Ordinance Amending Ordinance No. 301 Ordinance Repealing Ordinance No. 201 -80 , "RESOLUTION PROVIDING FOR CODIFICATION OF ORDINANCES". 5. 'Acknowledgement of the following communications: Code Enforcement Officer's Monthly report for September; Planning Commission minutes from October 27, 1981; Park and Recreation Commission minutes, October 27, 1981. Councilman Hartmann seconded the motion. Page 1564 November 3, 1981 CASE 81-32, McNULTY, Mayor Lockwood opened the meeting for the purpose of a public REZONING, HEARING hearing on an application by the McNulty Construction Company for rezoning of a parcel of land on Delaware which is proposed to be used as a Planned Unit Development. Mr. Ron Erickson, architect, was present to explain the request. He noted that the request was to rezone the parcel from the present zoning of R-1A to the newly created zoning district known as R-1B, which has a density of 30,000 square feet per unit. Mr. Erickson also noted that there are minor revisions to the plan, such as the deletion of two courtyard homes in the southwest corner of the site. He pointed out that the dedication of right-of-way for Mendota Heights Road was indicated. He requested the rezoning of the entire parcel, including the King and Owens properties. Mr. Erickson noted that the development of the parcel would be in three phases, with Stage 1 being constructed from 1981-1984; Stage 2 from 1982-1985; and Stage 3 from 1983-1985. He pointed out that the dedication of Mendota Heights Road would be in conjunction with the rezoning of both parcels of land. Councilman Losleben questioned the meaning of Green Acres as it applies to the King property. City Administrator Johnson noted that assessments against the King property could be $115,000, after installation of the utilities for the property. He noted that the Kings have classified their property as Green Acres. Special assessments can not be collected as long as the land in classified as Green Acres. Mr. Johnson suggested that the Kings should reclassify their land at the end of five years if it is not developed by that time. He then went on to note that the park contribution had been agreed upon by both City staff and the developer as $750 per unit. Mayor Lockwood asked for questions and comments from the audience. Mr. Gary Hagstrom, son of Mrs. King, asked several questions on the proposed special assessments of $115,000. Mr. Larry Laukka, the property owner to the west of the site, asked about the feasibility study on the public improvements that is being made. He also expressed concern over the balance of the remaining right- of-way in the western portion of the site for Mendota Heights Road. He noted that his company would be happy to dedicate their portion of right-of-way butthat they would not have a plan for perhaps two or three years. There being no further questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed at 8:15 P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Councilman Mertensotto moved the adoption of Ordinance No. 183, "AN ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE AND ESTABLISHING AN R-1B, RESIDENTIAL ZONING DISTRICT", approving the rezoning of the 90 acre parcel, including the King and Owens properties, from R-1A to R-1B. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Page 1565 November 3, 1981 CASE 81-19, McNULTY, Mayor Lockwood opened the meeting for the purpose of the continued PUD HEARING public hearing on an application from the McNulty Construction Company for preliminary plan approval of the Planned Unit Develop- ment. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 COMMUNICATIONS Councilman Losleben moved to close the hearing. Councilwoman Witt seconded the motion. Councilman Hartmann moved approval of the preliminary development plan for the Amesbury East Planned Unit Development. Councilman Mertensotto seconded the motion. The Council acknowledged receipt of a letter from Mrs. Jackie Bonfe, 2111 Patricia Street, regarding a possible game center for the youths of the City. The Council acknowledged receipt of a letter from Mn/DOT regarding the intersection of TH 110/149. Councilman Losleben suggested some type of a pedestrian overpass be constructed or planned to cross TH 110 to get to a park-soccer field. The Council acknowledged receipt of a League of Minnesota Cities Action Alert regarding local government aid payment delays. A handout memo from City Treasurer Shaughnessy was also received and briefly discussed. In his memo on financing options, one option was to advise department heads to delay or defer any possible expenditures until mid-year. It was the concensus of the Council to favor this option. CASE 81-39, The Council received an application from Winsor/Faricy Architects, VISITATION CONVENT, Inc., requesting a nine foot height variance for a proposed addition VARIANCE. to Visitation Convent. The height of the addition would be 34 feet and the maximum height allowed under the ordinance is 25 feet. Ayes: 5 Nays: 0 CASE 81-42, BRADT, VARIANCE Ayes: 5 Nays: 0 CASE 81-37, MASEK, CUP & VARIANCE, HEARING After a brief discussion, Mayor Lockwood moved approval of the requested 9 foot height variance. Councilwoman Witt seconded the motion. Mr. Peter Bradt, 713 W. Wentworth, requested a variance to allow construction of a detached garage that would be approximately 12 feet closer to his front lot line than his existing home. The garage would remain 55 feet from the front property line. After a brief discussion, Councilwoman Witt moved approval of the requested variance. Councilman Losleben seconded the motion. Mayor Lockwood opened the meeting for on an application from Richard Masek, conditional use permit and variance. request permission to build a 24 foot the purpose of a public hearing 557 W. Emerson, for a minor Mr. Masek was present to by 26 foot garage, Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE 81-36, EINCK, CUP, HEARING Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 COMMISSION REPRESENTATIVES Page 1566 November 3, 1981 which requires a conditional use permit because his lot is a double frontage lot, fronting on Emerson on the south and on Cole- shire on the north. He proposes to place his garage 25 feet, rather than the required 30 feet from the setback line, hence the variance request. Mr. Masekpresen.teda letter of approval from his neighbors. There being no questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed at 8:42 P.M. Councilman Hartmann seconded the motion. Councilman Losleben moved approval of the minor conditional use permit and five foot variance to allow garage construction 25 feet from Coleshire Lane. Mayor Lockwood seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Richard Einck for a conditional use permit to amend the Planned Unit Development for Ivy Keep II. Mr. Einck and George Miller were present for the discussion. Mr. Einck requested permission to lower the density of the PUD by 3 units, so there would be 25, rather than 28 units in Ivy Keep II. The remain- ing 10 units would be one story townhomes, not two story units as previously planned. After a brief discussion on the total number of units in the townhouse development, Councilman Mertensotto moved to close the hearing at 8:52 P.M. Councilman Hartmann seconded the motion. Councilman Losleben moved to grant approval of the amendment to the Planned Unit Development reducing the number of units from 28 to 25 units, allowing 10 one story townhomes. Councilwoman Witt seconded the motion. Mayor Lockwood acknowledged the presence of Tom Bayless, Chairman of the Park and Recreation Commission and Bill Burke, a member of the Planning Commission. Chairman Bayless reported on the activities of the Park Commission and reviewed the minutes from their last meeting of October 27. He noted a discussion on a rink flooding proposal, noted that he had talked to Brian Birch regarding the use of Mr. Birch's land at TH 110/149 and that Mr. Birch is amenable to an at4letic field proposal. City Attorney Winthrop was directed to draft an agreement with Mr. Birch regarding the land use. Mr. Bayless also noted that the Park (--) I-35E DISTRICT BOUNDARY LINES CAPITAL IMPROVE- MENTS PROGRAM Page 1567 November 3, 1981 Commission desired to purchase martin houses and wood duck houses to place at the various parks in the City at a maximum cost of $400. Bill Burke spoke briefly on the October 27 Planning Commission activities and wondered why the rezoning of the property north of the MAC site was not being considered by the City Council today and was informed by Public Works Director Danielson that the rezoning had to go before the Metropolitan Council as an amendment to the City' Comprehensive Plan before it could be considered by the City Council. The Council acknowledged receipt of a letter from Ann Braden of the Metropolitan Council regarding Metropolitan Council consideration of the I-35E recommendation which will begin on November 10th. Coun- cilman Losleben expressed interest in attending the presentation. A letter from Senator Robert Ashbach regarding new legislative and congressional district lines, was received and acknowledged by the City Council. The letter contained a return type questionnaire with three choices attached about community feelings regarding the proposed changes. It was the concensus of the Council that Mendota Heights should remain in an all suburban district, not included in a Ramsey County district. The Council .acknowledged receipt of a memo and proposed Capital Improvements Program from City Administrator Johnson. Mr. Johnson noted that it would be unnecessary to take any action on this at the meeting but that he wished to receive Council input to allow for a thorough discussion at the November 17th Council meeting. There was a brief discussion on Tax Increment Financing. COUNCILMEMBERS Councilman Losleben expressed a desire to have a pedestrian overpass constructed at the intersection of TH 110/149. LCS SANITARY SEWER EXTENSION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilman Hartmann expressed a desire to receive future Planning Commission and Park and Recreation Commission agendas. City Engineer Kishel noted that he had prepared plans and specificatior for the LCS sanitary sewer project and that bids had been received for said project. Councilman Losleben moved the adoption of Resolution No. 81 -81, "RESOLUTION APPROVING PLANS .AND SPECIFICATIONS AND ORDERING IMPROVE- MENTS IN FOR SANITARY SEWER EXTENSIONI FOR LCS PROPERTY (IMPROVE- MENT NO. 81, PROJECT NO. 9)". Councilman Mertensotto seconded the motion. Councilman Losleben moved the adoption of Resolution No. 81 -82, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR SANITARY SEWER EXTENSION FOR LCS COMPANY PROPERTY (IMPROVEMENT NO. 81, PROJECT NO. 9)", awarding the contract to Orfei and Sons, Inc. for their low bid of $18,747.12. Councilman Mertensotto seconded the motion. CITY ENGINEER MISCELLANEOUS FINAL PAYMENT Ayes: 5 Nays: 0 MISCELLANEOUS ADJOURN Ayes: 5 Nay: 0 Page 1568 November 3, 1981 City Administrator Johnson noted that Ed Kishel, City Engineer, had officially started as a full-time City employee on November 2, 1981, and welcomed him aboard. He also acknowledged that Lenny Kanitz, public works maintenance man, was responsible for a large portion of the reconstruction of City offices and hat a fine job he was doing. The subject of the Lilydale high-rise was discussed. Mayor Lockwood asked City Attorney Winthrop about a ruling on Metropolitan sig- nificance. Councilman Losleben moved the adoption of Resolution No. 81 -83, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (1981 SEAL COATING PROJECT)", authorizing final payment of $30,929.81 to Bituminous Roadways, Inc. Councilman Hartmann seconded the motion. The Council acknowledged receipt of a letter from the Minnesota Depart- ment of Natural Resources regarding a wetlands inventory for Dakota County. It was noted that owners of wetlands would now have to comply with both City and State wetlands requirements. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. TIME OF ADJOURNMENT: 10:27 o'clock P.M. Mary inDeLaRosa Deputy Clerk ATTEST: tedi-eit-At Robert G. Lockwood Mayor