Loading...
1981-08-04 Council minutesPage No. 1512 August 4, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 4, 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 7:35 o'clock P.M. The following members were present: Mayor Lockwood, Councilmen Hartmann, Losleben and Mertensotto, Councilwoman Witt. APPROVAL OF Councilman Hartmann moved approval of the minutes of the July 21st MINUTES meeting with correction. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 PARTITION ROAD Mayor Lockwood opened the meeting for the purpose of a public hearing VACATION on an application for the vacation of that portion of the Partition Road right-of-way which abuts Lot 9, Block 8, Kirchner Addition, submitted by Mr. and Mrs. Robert Alvarez, 1167 Dodd Road. Mayor Lockwood stated that he has viewed the area and noted that the right-of-way is really a boulevard area that serves no useful purpose as a street. He noted also that a garage owned by the Ivy Hill Townhouse Association has been built on the right-of-way. Councilman Mertensotto asked whether the vacation would make Lot 9 a buildable lot. Councilman Losleben asked whether the property owner intends to sell off part of his property after vacation. Mrs. Alvarez stated that their reason for requesting the vacation is to create the ability for access from Ivy Hill Drive to a planned future detached garage. There was some discussion over the potential for the future vacation of the balance of the right-of-way. Councilman Mertensotto noted that the Council is only dealing with that portion of right- of-way specified in the request. Councilman Losleben asked whether the Council could consider the vacation based on the condition tlat the property will not be subdivided. Mrs. Alvarez stated that she and Mr. Alvarez will give the City a covenant stating that Lots 9, 10 and 11 will have no further subdivision and will continue to be used for single family residences. Mayor Lockwood asked for questions and comments from the audience. Mr. Jeff Hamiel, 608 Spring Street, stated that he owns the lot behind the Alvarez property (Lot 8) and has absolutely no objection to the vacation as requested. He did however state that he could not approve of the vacation of the right-of-way adjoining his lot. He asked that the Council only give consideration to the portion requested and no more. Ayes: 5 Nays:0 PLANNING COMMISSION MISCELLANEOUS PERSONNEL Ayes: 5 Nays: 0 MISCELLANEOUS Ayes: 5 Nays: 0 Page 1513 August 4, 1981 The Council acknowledged a letter from the Community Management Company, representing the Ivy Hills Townhouse Association requesting that action on the matter be delayed until after the Association members have met and discussed the request. Mrs. Alvarez stated that she would have no objection to a delay in the decision. Councilman Mertensotto moved that the public hearing on the proposed vacation of a portion of the Partition Road right-of-way be continued to September 1st at 7:30 o'clock P.M. Councilwoman Witt seconded the motion. The Council acknowledged receipt of the July 28th Planning Commission meeting minutes. The Council acknowledged a letter from the Minnesota Department of Labor and Industry regarding OSHA rules relative to fire fighter safety. The Council acknowledged a letter and resolution from the City of West St. Paul relative to proposed Dakota County redistricting. The Council acknowledged a memo from the Police Chief recommending approval of a leave of absence, to be taken on three seperate occasions requested by Police Clerk Carol Bakka. Councilwoman Witt moved approval of the request as submitted. Councilman Losleben seconded the motion. The Council acknowledged a letter from residents on Callahan Place requesting that the east end of Callahan Place be barricaded to allow for a block party on Saturday, August 29th. Mayor Lockwood moved to approve the barricading of the east end of Callahan Place to allow a block party on August 29th based on the conditions placed on similar past requests from other neighborhoods. Councilman Hartmann seconded the motion. HEARING - Mayor Lockwood opened the meeting for the purpose of a public hearing ZONING ORDINANCE on proposed amendments to the Zoning Ordinance. Copies of a synopsis AMENDMENTS of the proposed changes were distributed to the audience. Administrator Johnson reviewed the several proposed changes which included: additional definitions, reduced rear yard setbacks for accessory structures, new fencing provisions, the addition of provisions for a minor conditional use process, changes in application fees and escrow deposits, provisions for special meetings, and provisions on election signs, parking for restaurants and outside storage of recreational equipment. Page 1514 August 4, 1981 Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilwoman Witt moved that the hearing be closed at 8:28 o'clock P.M. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilman Losleben moved the adoption of Ordinance No. 181, "AN ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE," directing staff to submit the summary of the ordinance to the Sun Newspapers for publication. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT REPORTS The Council acknowledged receipt of the Code Enforcement Officer's monthly report for July. BUILDING PERMIT FEES Ayes: 5 Nays: 0 BUILDING PERMIT, SPERRY-UNIVAC Ayes: 4 Nays: 0 Abstain: Hartmann The Council acknowledged and discussed a memo from the Code Enforcement Officer relative to adoption of the 1979 UBC fee schedule for building permits. Councilman Losleben moved to adopt the 1979 Uniform Building Code fee schedule for building permits, retroactive to January 1, 1981. Councilwoman Witt seconded the motion. The Council acknowledged a memo from the Code Enforcement Officer to recommend approval of a building permit to Ryan Construction Company for construction of a structure to house the Sperry-Univac reconditioning operations. Public Works Director Danielson expressed concern over storm water disposal. There was some discussion over which direction the the water should be piped to, and also Council suggestions relative to an on-site holding pond. Mr. Jerry Junkman, from Ryan Construction Company, acknowledged that the storm water disposal will need further study and discussion, but advised that his firm will be ready to start construction in a week or two. Councilman Mertensotto suggested that perhaps the Council should consider granting a foundation permit to allow construction to commence, with the condition that a solution to the drainage questions be resolved by staff, Ryan Construction and Mn/DOT prior to issuance of the building permit. Councilman Mertensotto moved to approve the issuance of an excavation and foundation permit to Ryan Construction for the proposed Sperry- Univac structure to be constructed at the intersection of Lexington Avenue and Mendota Heights Road, subject to permits and fees required by the Building Code, and based on the condition that the final building permit will not be granted until such time as the City Council has approved landscaping and drainage plans for the site. Councilman Losleben seconded the motion. Page 1515 August 4, 1981 CASE NO. 81-18, Mr. Mike Dupont was present to request approval of the preliminary DUPONT plat for the division of property known as 2007 South Victoria Road. SUBDIVISION He stated that he would like to divide the 5 acre site into 11 single family lots independent of the existing single family structure on the site. Mr. Dupont stated that he would like to tie into the School Road with a cul-de-sac to the west, approximately 300 feet north of Victoria Road and 150 feet south of the Mendota School. He pointed out that the proposed plat complies with the 100 foot lot width requirement at the building line, however Lot 4 contains only 14,400 square feet, and Lot 12 is 95 rather than 100 feet in width. He proposed that the utilities be brought to the site via the School Road and pointed out that sewer and water are available and stubbed in to those properties which would front on Victoria. Mr. Dupont stated that he is in the process of working out an agree- ment with the School District whereby the District would dedicate the School Road, which is a private road, for public use and that he in return would support the cost of sewer and water extension along the easterly side of the plat to the south edge of the School property. He further advised that the agreement would include the provision that a four foot bituminous walkway would be installed in the road right-of-way. Ayes: 5 Nays: 0 Councilman Losleben asked whether Mr. Dupont would be willing to assume 100% of the assessments for School Road. Mr. Dupont stated that he will assume any assessments which would accrue to the School District but not to contiguous private properties. Councilman Mertensotto stated that,in theory, the property to the east benefits but if that does not in fact turn out to be the case, the applicant would be expected to assume the assessments. Mr. Dupont stated that if those properties show no benefit he will pay those assessments. He stated that the Council can make it a condition of the plat approval that he assume the responsbility for those assessments if no benefit accrues to the private property. There was a brief discussion relative to the property west of the proposed plat area. Administrator Johnson noted that the property owner attended the Planning Commission hearing and was made totally aware of what was proposed as well as the lack of access to the north of the site, and that he chose not to be involved in the platting process. Administrator Johnson noted that although bituminous surfacing of the proposed walkway is indicated in the plan, Mr. Dupont has indicated that the surface could either be bituminous or concrete. Mr. Johnson suggested that concrete would be preferable. It was also noted that since the School Road could ultimately be a natural extension of Summit Lane to the north, the street should be named Summit Lane on the plat. Mr. Dupont indicated that the street would be so named on the final plat. After discussion, Councilman Mertensotto moved approval of the preliminary plat for the Michael D. DuPont First Addition as submitted. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 81-20, PHILLIPS Ayes:5 Nays:0 Page 1516 August 4, 1981 Mr. Dupont requested the Council to direct preparation of a feasibility study on proposed improvements to serve the plat area, and acknowledged that he would be required to submit an engineering escrow prior to commencement of work on such study. He also asked that consideration be given to minimizing the reconstruction of the School Road to reduce assessment costs. Councilman Losleben moved to authorize the City Engineer to prepare the feasibility study upon receipt of an engineering escrow to be determined by staff. Councilwoman Witt seconded the motion. Mr. John Phillips and his representative, Don Hoeft, were present to request approval of the preliminary and final plat for the proposed Phillips Subdivision, as well as waiver of the requirement for Critical Area review. Mr. Hoeft stated that the property, located west of Hunter Lane and south of Orchard Place, was formerly the residence of Reuben Phillips until his death in November. He stated that the existing structure, at the back of the property, is now vacant and John Phillips is in the process of selling the home. He stated that both preliminary and final plat approvals are requested to accommodate an August 15th closing date on the sale. Mr. Hoeft stated that the Planning Commission had recommended approval of the plat subject to the written consent of all of the property owners within 350 feet of the parcel. He then submitted the letters of consent to the Council. Mr. Hoeft stated that the waiver from the Critical Area Ordinance deals with control over new development whereas the request is to allow the subdivision and sale of an existing structure. The Council reviewed a memo from the City Clerk relative to deferred sanitary sewer assessments and the requirement for an additional water assessment. There was also some discussion over the potential for tax forfeiture of the portion of the existing westerly lot which is not included in the proposed platting. Mr. Phillips stated that he is not planning on developing the proposed easterly lot but is only trying to sell the existing structure and approximately 1 acre of land. He stated that he would continue to own the easterly lot and would retain the steep slope area west of the proposed westerly lot. He stated that he has particular interest in retaining the aesthetic right to the slope area and for this reason would never allow it to go tax forfeit. Mr. Phillips further stated that he will pay all deferments, plus interest, due to date along with payment of the water assessment, plus interest, due to date and asked that the balance of those amounts be assessed over the balance of the original assessment period. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 81-52, "RESOLUTION APPROVING FINAL PLAT FOR PHILLIPS HILL ADDITION," conditioned upon receipt of deferred sanitary sewer and uncollected water assessments and interest due to date, the assessment balances to be assessed, along with submission of the required park contribution, and further, that requirements of the Critical Area Ordinance be waived. Councilman Losleben seconded the motion. Page 1517 August 4, 1981 CASE NO. 81-23, Mr. Neil Cashmann, 905 Delaware Avenue, was present to request CASHMAN approval of side and rear lot setback variances to allow construction of a detached garage 41 feet from the side property line and 271 feet from the rear lot line. Councilman Hartmann moved to approve a 2'6" rear yard setback variance and 5'7" sideyard setback variance to allow construction of a garage at 905 Delaware Avenue. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE NO. 81-24, Mrs. Lois Furlong, 2230 Highway 55 was present to request approval FURLONG of a five foot front yard setback variance to allow construction of a garage twenty-eight feet from the south (Furlong Avenue) property line. Ayes: 5 Nays: 0 CASE NO. 81-25, NADLER Ayes: 5 Nays: 0 Councilwoman Witt moved approval of a two foot front yard setback variance to allow construction of a garage 28 feet from the property line at 2230 Highway 55. Councilman Losleben seconded the motion. Mr. Richard Nadler, 610 Kirchner Ayende, was present to request approval of variances to allow construction of a play structure on his property. He stated that in order to construct the structure, acknowledging that construction has already commenced, he would need approval of height and setback variances. He also stated that he would like to construct the structure in accordance with the plans at 155 square feet in size. He stated that while he could reduce the size to less than 144 square feet and not need a conditional use permit as required by Ordinance, he felt that the Council could grant a variance from the conditional use permit provisions. After discdssion, Councilman Losleben moved to grant variances to allow construction of the 18 foot tall, 155 square foot play structure 19 feet, 9 inches from the front(north) property line. Councilman Mertensotto seconded the motion. CASE NO. 81-26, Mr. George Rossback,from George E. Johnson & Sons, was present to JOHNSON request approval of a wetlands permit to allow construction of an addition to the Richard Smookler residence at 682 Ivy Falls Court. Mr. Rossback stated that Mr. Smookler would construct a study ("Pendulum Room") addition, shown as Parcel I on the drawings submitted with the plan. Mr. Rossback indicated that the owner also plans to construct a kitchen addition at some time in the future. He stated, however, that the application only relates to a wetlands variance for the study addition at this time. Councilman Mertensotto moved to grant a variance from the wetland Ordinance to allow construction of a study addition on the southeast point of the existing structure at 682 Ivy Falls Court 82 feet from the Ivy Falls creek bed. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Page 1518 August 4, 1981 CASE NO. CAO 81-04, Mr. & Mrs. Richard Hay were present to request approval of their HAY application for critical area site plan review to allow construction of a sun room and deck addition to their home located at 1206 Culligan Lane. Public Works Director Danielson stated that staff has reviewed the plan with respect to the Critical Area Ordinance and can see no problems. Mr. Hay asked the Council to consider granting a reduction in the application fee, treating the application as a variance, since the application is for review of an addition to an existing structure and the addition will have no affect on the critical area. After discussion, Mayor Lockwood moved that the Critical Area site plat be approved and that, on thebasis the request is minor, $150 of the application fee be refunded. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 LILYDALE Mr. Tony Danna was present to represent developers of a proposed CONDOMINIUMS 30 unit, 10 story condominium structure in Lilydale, at the southeast intersection of Victoria Road and T.H. 13. He stated that sanitary sewer and water facilities are necessary and that the Mendota Heights mains are only five feet away from the property line. He requested that the Council consider approving an extension of the utilities to serve the site, acknowledging that the hook-up charges would be required in accordance with Mendota Heights policy for outside connections. Mr. Danna stated that the developers have met with Mendota Heights property owners who own land contiguous to the development site and have not met with any opposition to the project. He stated that in view of a 10% site line and trees in the back yards of the Mendota Heights properties, the project will have no aesthetic impact on those properties. After discussion, the Council directed that staff research the matter and prepare reports for consideration at the September 15th meeting. RECESS Mayor Lockwood called a recess at 10:10 o'clock P.M. The meeting was reconvened at 10:20 o'clock P.M. AMESBURY EAST Mr. James McNulty, representing the developers of the proposed Amesbury East area (Owens/King properties) currently being considered by the Planning Commission, was present to request the Council to direct preparation of a feasibility study for the proposed development. He briefly reviewed the proposed development for the Council. The Council briefly discussed the matter, and it was the general concensus that if a report is directed, the upgrading of Mendota Heights Road and Huber Drive should be included therein. Administrator Johnson advised thbt based on the estimated engineering costs of $8,000 - $9,000,.a-minimum eScrow of $12,000 would be required. Page 1519 August 4, 1981 Councilman Hartmann movedto authorize the City Engineer to proceed with preparation of a feasibility study for the proposed. Amesbury East upon receipt of an appropriate engineering escrow. Councilman Losleben seconded the motion. Ayes: 5 Nays:0 REVENUE SHARING Councilman Losleben moved the adoption of Resolution No. 81-53, "RESOLUTION ESTABLISHING FEDERAL REVENUE SHARING PROPOSED USE HEARING," establishing the hearing for 7:30 P.M., September 1st. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a letter from the Metropolitan Council in response to complaints on costs on airport planning and advising that no reimbursement monies are presently available. BUDGET Ayes: 5 Nays: 0 The Council acknowledged a memo from the Association of Metropolitan Municipalities advising of a Board vacancy. The Council acknowledged a memo from the City Administrator recommending that a special meeting be established for consideration of departmental budget requests. Councilwoman Witt moved that a special budget meeting be conducted at 7:30 P.M. on August 25th. Councilman Hartmann seconded the motion. I-35E The Council acknowledged a handout memo from John Shardlow summarizing the I-35E draft Environmental Impact Statement. MISCELLAEOUS The Council acknowledged receipt of the 1981 Stanton Associates municipal Salary Survey. ASSESSMENT ROLLS City Attorney Winthrop advised the Council of several considerations and problems involved in the preparation of the proposed assessment roll for the Eagle Ridge/Victoria Townhomes drainage improvement project. NORTHLAND DRIVE IMPROVEMENTS Ayes: 5 Nays: 0 Engineer Kishel reviewed with the Council proposed plans and specifications for the Northland/Transport Drive improvement project. He recommended that the plans be approved and a bid date be established. Councilman Losleben moved the adoption of Resolution No. 81-54, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR SANITARY SEWER, WATER, STORM SEWER AND STREET IMPROVEMENTS (NORTHLAND DRIVE ARANSPORT ROAD - IMPROVEMENT , NO. 81, PROJECT NO. 6) ," bids to be accepted onSeptember 10th. Councilwoman Witt seconded the motion. Page 1520 August 4, 1981 1-494 Public Works Director Danielson advised the Council of a letter from Mn/DOT asking approval of the plans and specifications for the construction of 1-494 from the Minnesota River bridge to T.H. 55. After review and discussion, Councilman Losleben moved the adoption of Resolution No. 81-55, "RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 ASSESSMENT ROLLS The Council acknowledged receipt of proposed assessment rolls for the Valley View Oak and Victoria Townhomes improvement projects. LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes:5 Nays:0 CONSENT AGENDA ORDINANCE CODIFICATION Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Councilman Losleben moved approval of the List of Claims dated August 4, 1981 and totalling $76,008.37. Councilman Mertensotto seconded the motion. Councilman Losleben moved approval of the list of licenses, granting licenses to: Countryside Fence Custom Heating, Inc. D.J. Construction Lantto Building & Development, Inc. Jerome T. Williams Custom Heating, Inc. Dolphin Pool & Patio Fencing Contractor License Gas Piping License General Contractor License General Contractor License General Contractor License Heating & Air Conditioning License Swimming Pool Contractor License Councilman Hartmann seconded the motion. The Council acknowledged and discussed a memo from the City Clerk relative to Council direction on preparation of future consent agendas. It was the concensus of the Council that a consent calendar should be made a part of meeting agendas, and that such items as department reports, miscellaneous communications, final payments, licenses and similar items should be a part of the calendar. On the recommendation of the City Clerk, Councilman Mertensotto moved to authorize and direct the recodification of City Ordinances. Councilman Losleben seconded the motion. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned at 11:45 P.M. Councilman Mertensotto seconded the motion. Robert G. Lockwood, Mayor athleen M. Swanson, City Clerk