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1980-08-05 Council minutesPage No. 1309 August 5, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 5, 1980 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, Councilmen Losleben, Hartmann, Mertensotto, and Councilwoman Witt. ASSESSMENT Mayor Lockwood opened the meeting for the purpose of a public HEARING -- EIDE hearing on the proposed assessment roll for Eide Estates public ESTATES improvements. The Council acknowledged a letter from Eide Realty, Inc., owners of the properties affected by the proposed assessments, approving of the proposed roll, and a staff report. There being no questions or comments from the audience, Councilman Losleben moved that the hearing be closed. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 FINAL PAYMENT, MARIE AVENUE BRIDGE Ayes: 5 Nays: 0 WATER TANK Councilman Losleben moved the adoption of Resolution No. 80-69, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR EJEIE•ESTATES IMPROVEMENTS (IMPROVEMENT NO. 79, PROJECT NO. 2)." . Councilwoman Witt seconded the motion. On •the recommendation of the City Engineer, Councilman Losleben move( the adoption of Resolution No. 80-70, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT FOR MARIE:AVENUE BRIDGE APPROACH •TREATMENT (IMPROVEMENT NO. 79, PROJECT NO. 5)," authorizing final • payment of $2,099.17 to Carl Bolander & Sons. • •Councilman Hartmann seconded the motion. Mr. Dean Bach, a representative of'Pittsburgh-Des Moines Steel Company, was present at the Council's request to discuss the status of themater tank construction project. Mr. Bach stated that the first schedule of construction submitted by his.firm allowed too. little tinie for what ShOpid have been anticipated, and therefore a second'schedule was submitted on Jaunary 9, 1980. He stated that the second schedule, which allowed 24 weeks for completion of the tank.should have been.correct but that they could not meet the schedule because of bad welds, high winds, rain and the inability to work during those weather conditions. He stated that if weather conditions,are.good, painting should be completed in two weeks, and the tank should be ready to fill in two to two and one-half weeks. Page No. 1310 August 5, 1980 Several members of the Council and staff expressed serious concern over buckling and wrinkling on the exterior of the tank. •Mr. Bach stated that some of the wrinkles will work out when the tank is filled, and noted that the wrinkles are so evident because of the color of the tank and that the wrinkling is not unusual. DEPARTMENT The Council acknowledged receipt of the Code Enforcement REPORT Officer's monthly report for July. MISCELLANEOUS The Council acknowledged receipt of a memo from the Code Enforcement Officer regarding the status of the renovation of 713 West Wentworth Avenue. As the result of the discuss- ion, the Council directed the Code Enforcment Officer to contact the property owner and remind him of the completion time schedule requirements. .The Council also directed that Mr. •Berg report the renovation progress again on August 19th. PLANNING The Council acknowledged receipt of the minutes of the COMMISSION July 22nd and July 30th Planning Commission meetings. CASE NO. 80-15, TOUSIGNANT Ayes: 5 Nays: 0 • CASE NO. 80-14, EAGLE RIDGE P.U.D. Mr. Robert Tousignant and Mr. Don Hess, from Land Plan, Inc., were present to request approval of drainfield and height variance at Lot 2, Block 1, Furlong Addition, to which Mr. Tousignant plans to move a house which is currently located at 2450 Pilot Knob Road. Mr. Hess stated that he has worked out the placement of the structure on the lot, but in order to so place the house, a variance from the drainfield/septic system distance requirement of 150 feet from the lake which abuts the property is required. He also noted that a 1.1 foot variance from the structure height requirement will be required in order to allow the three-story structure on the subject site. After discussion, Councilman Losleben moved approval of a 78 foot variance from the drainfield setback requirement and a 1.1 •foot variance from the structure height require- ment based on plans reviewed at this evening's meeting and conditioned upon a satisfactory percolation test. Councilman Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Korsunsky-Krank- Erickson Architects, Inc. for a change in the Planned Unit Development plan for a portion of Eagle Ridge. Mr. Stanley Taube, representing Lanvesco Corporation, stated that the proposed development project is a joint venture between his firm and Bream Homes, Inc. Mr. Taube stated that he is requesting approval of a change in the P.U.D. for the six-acre site which was originally approved for development (in the original Eagle Ridge P.U.D.) as the site for a 140 unit, ten story high-rise apartment. Mr. Taube stated that Mr. Bream contacted his firm quite some Page 1311 August 5, 1980 time ago to propose the sale of the property to Lanvesco. Lanvesco at that time seriously considered construction of a 120 unit project however, the Breams were concerned about the impact of that type of development on the Eagle Ridge neighborhood. Mr. Bream then agreed to take part in the development if the size of the project would be reduced to make it more acceptable to the neighborhood. Mr. Ron Erickson, from Korsunsky-Krank-Erickson, stated the site is the last to be developed in the overall P.U.D., that it is located on Eagle Ridge Drive and is north of the existing 53 unit condominium structure. He stated that every effort has been made to retain- the character of the amenities and steep slopes. Mr. Erickson presented a proposal for 72 luxury condominium units and one caretaker unit, the sales prices to range from $100,000. He stated that it is proposed to construct two 36-unit buildings, that the total area to be covered by buildings represents about one acre of the six acre site. Mr. Erickson noted that it is proposed that the exteriors of the structures be brick, with pitched roofs with gables to give a residential appearance to the three-story structures. It is proposed to install 123 underground parking spaces, and(60 spaces foroutside parking. Mr Erickson stated that thePlahhing_Comission had asked for a-report,on drainage -conCerns—LHe'advised that the surface water currently drains into a gully on the south side of the site and that the developer proposes to maintain the natural site drainage. He reviewed erosion-controls planned for the construction period and also outlined the proposed development schedule. In response to concerns over proximity of the buildings to adjacent townhouses, he stated that the design allows the maximum amount of open space between the proposed and existing development. He advised that in response to Planning Commissinn concerns, he and the developers have met with Eagle Ridge residents Roy Svee and Hess Klein and have attempted to arrive at a plan to maximize the space between the Svee residence and the proposed buildings. He noted that Mr. Svee's residence is only ten feet from the property line and was constructed in that location because of a variance granted by the City some time ago. He stated that the developers have looked at many alternatives in trying to respond to Mr. Svee's concerns on site distance and site lines. In response to these concerns, a revised plan was prepared as shown to the Council this evening. In the plan, the proposed structure would be 55 to 60 feet from the Svee residence and the first floor of the proposed structure would be screened from the Svee site by the use of berms and evergreen hedges as suggested by Mr. Svee. Several'XaUnal,memerS, expressed concern over drainage, and _ Mayor Lockwood suggested that a metering device should be installed to control the rate of run-off which will be increased after the development is completed. Mayor Lockwood asked for questions and comments from the audience. Page No. 1312 August 5, 1980 Mr. Dick Steenberg, a resident of the Ridge South Apartments, asked whether the developer would be filling in part of the'gully during the construction process and asked for better details on erosion control. Mr. Ward Johnson, 1833 Eagle Ridge Drive., stated that hydrolo- gical and.geological surveys should be made of the area. Mr. Richard Leyh, President of the Eagle Ridge Association and spokesman for the Eagle Ridge Summit Association, stated that the project looks good on paper, but when the development is proposed adjacent to existing structures,it does not look so good. He stated that the residents acknowledge that at some time in the future the property will.be developed, but they would like. some input into the proposed development.He stated that he and other representatives of the neighborhood met. with the. developers but could not arrive at a conclusion to the problems. He asked the Council to direct the. applicants to develop their plans further and submit the plans to the associations for comment and input. He further asked the Council to delay any decision for 30 days so that an attempt can be made to reach a mutually satisfactory plan. He also asked whether the original P.U.D. is still valid, or if it would become invalid at some future date. Mr. Roy Svee, 1810 Eagle Ridge Drive, stated that since the original P..U.D. was approved in 1969 an evolution from small units to exceptionally fine townhomes has occurred. He felt that a trend has been established and should be taken into account during consideration of the completion of the P.U.D. -- to regress to less than what currently exists would be detrimental. He was concerned about the visual effect of the proposed three story structure on his property, and noted that Mr..Bream has met with him to try to resolve the differences but that he is still concerned about the sight line. Mr. Svee stated that the developers have a right to try to do something with the property but that he hopes that alternatives can be studied and a mutually satisfactory plan can be prepared. Mr. Eddie Rikess stated that he has not had a chance to see the plans and asked for a 30 day continuation of the hearing. :`Mr. Jess Leiverman, 1800 Eagle Ridge Drive, suggested that the developers should prepare . a model of the structures so that the residents can get a better idea of what is proposed. Mr: Hess Klein, 1808 Eagle Ridge Drive, stated that he has not had a chance to see or study the plans and did not believe that anyone has had much chance to study parking, storm water drainage and erosion and felt that consideration should be delayed to allow additional study. Mr. Taube stated that he appreciates the fact that the Council is trying to act reasonably, acknowledged that the residents have been cooperative and stated that the developers understand the concerns of the residents. He noted however that the parcel was approved in the original P.U.D. for 140 units of apartments. He stated that Bream Homes has been a credit to the community and have come up with a very sensitive plan. He pointed out that Ayes: 5 Nays: 0 RECESS Page No. 1313 August 5, 1980 the request is for preliminary. approval, and that the developer will continue to .work with the neighbors,to try to develop a plan which is satisfactory to all concerned. Mr. Harvey Bream stated that there should be-some responsiveness to him as the developer. He stated that he has taken a great deal of time to try to come up with something that will maintain the aesthetic beauty of Eagle Ridge. He stated that time is of the essence to the developers and felt that a reasonable solution to the problems could be arrived at during a two week period. After additional discussion, Councilman Mertensotto moved that the hearing be continued to August 26th, that staff be directed to work with the developers on erosion and drainage details, and that the developer give the Council a clarification on the size of the site. Councilman Hartmann seconded the motion. Mayor Lockwood called a recess at 9:35 o'clock P.M. The meeting was reconvened at 9:50 o'clock P.M. CASE NO. 80-16, .Mr. Larry Barenbaum was present to request approval of a 20 foot VALLEY POOLS .variance from the rear (east) lot line at 689 Maple Park Drive. (BARENBAUM) It was noted that while the lot line is legally the rear lot line since the property is a corner lot, it is functionally the side lot line. After a brief discussion, Councilman Hartmann moved to approve a 20 foot:rear,yard setback variance to allow construction of a swimmiing pool ten feet from the easterly lot line. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 MN/DOT Mr. John Schardlow, representing the M.A.C., Mr. Wayne Murhpy of M.A.C. Mn/DOT and other representatives were present to discuss the feasibility of a proposed Mn/DOT building on Pilot Knob Road. Mr. Schardlow gave a brief history of the proposal. He advised that the development of the MAC area is severly limited because of the airport zoning. He stated that while the Mn/DOT maintenance facility would not be desireable in other locations because of the need for outside storage, it is an ideal use in this area because of the airport zoning limitations on land use. Councilman Mertensotto stated that the City is losing a tax base because of the airport zoning and the Council feels strongly that there should be some reimbursement to the City. Mr. Schardlow stated that MAC has no incentive to market the land because it cannot by law make a profit on the sale of the property. The Mn/DOT facility includes an agreement to construct a road to the site and might present an opportunity to install and assess for public improvements which might give an inducement to the marketing of the property. Page No. 1314 August 5, 1980 Mr. Murphy, District 9 Maintenance Engineer, stated that Mn/DOT has been looking for a site in northern Dakota County from which to maintain the freeways to be constructed in the future. He outlined the current and proposed maintenance garage locations and reviewed graphics which indicated the maintenance responsibilitie for each building location. Councilman Losleben stated that he is very encouraged by the proposal and supports it. He noted that there has been no impetus to develop the MAC property and hopes that the Mn/DOT proposal would be the start of development. Mr. Schardlow and Mr. Murphy explained the proposed site plan. The Council noted that until public utilities are available, •the property will not be marketable, and encouraged continued study of the proposal by Mn/DOT and MAC, particularly that Mn/DOT pursue the matter with MAC and get some cooperation in getting the property developed. Councilman Mertensotto noted that consideration of the Mn/DOT site is premature unless MAC is willing to make some concessions. As the result of the discussion, Mr. Schardlow was directed to contact the M.A.C., the City Attorney was directed to research the possibility of ordering public improvements and levying an assessment against the MAC property, and staff was directed to proceed with the discussions with MAC and MN/DOT. MISCELLANEOUS The Council acknowledged receipt of the Planning Commission Rules of Order. The Council acknowledged receipt of the July 22nd Park and Recreation Commission minutes. STOP SIGN The Council acknowledged and briefly discussed a request from REQUEST Comserv, Schaak Electronics and Big Wheel for a four way stop sign at the corner of Mendota Heights Road and Pilot Knob Road. .Mayor Lockwood moved:to:--requestDakota_County to approve a four-way stop sign at the subject intersection. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged and briefly discussed a memo from the Minnesota Cable Communications Board regarding proposed cable service territories. LEAGUE DUES The Council acknowledged a 1980/81 dues statement from the League of Minnesota Cities. Councilman Losleben moved to approve the League Of Minnesota Cities 1980/81 dues statement for $1,794.00. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Page 1315 August 5, 1980 STREET The Council acknowledged a memo from the'City Administrator VACATION relative to a request for the vacation of Partition Road. Administrator Johnson briefly•reviewed the several observations and proposed-requirements contained in the memo. No action was taken on.the matter, however, Mayor Lockwood indicated that he would contact the applicant for more information on the request. REVENUE SHARING The Council acknowledged a proposed resolution relating to establishment of a public hearing on proposed revenue sharing uses. Councilman Mertensotto moved the adoption of Resolution No. 80-71, "RESOLUTION ESTABLISHING FEDERAL REVENUE SHARING PROPOSED USE HEARING," •the hearing to be conducted on September 2nd. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 VOLUNTEER On the -recommendation of the City Administrator, Mayor Lockwood FIREMAN moved that Jeffrey Stenhaug, 770 Mohican Lane, be appointed to the Volunteer Fire Department. Councilman .Losleben seconded the motion. Ayes: 5 • Nays: 0 MISCELLANEOUS Administrator -Johnsen advised the Council that one of the marked squad cars had been involved in an accident recently and is no longer useable. He stated that the Police Chief had been in contact with the City of Apple Valley relative to the purchase of a 1979 Malibu squad car which is to be sold, and that the car would be available to the City for $3,500. He asked that the Council approve the purchase of the vehicle as a replacement for Squad No. 2222.. Councilman Losleben moved to approve the purchase of the 1979 Chevrolet Malibu, squad car as recommended. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a League of Minnesota Cities Action Alert relating to a potential reduction in State Aid payments. INDUSTRIAL On the recommendation of the City Attorney, Councilman Hartmann REVENUE moved the adoption of Resolution No. 80-72, "RESOLUTION RELATING FINANCING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: CALLING FOR A .PUBLIC HEARING THEREON," the hearing to be conducted on September 2 at 7:30 P.M. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 STOP SIGN The Council acknowledged and discussed a memo from the Public Works REQUEST Director relative to requests for stop signs at Hunter Lane and the T.H. 110 frontage road and at the entrance to the St. Thomas Academy parking lot. Page No. 1316 August 5, 1980 The Council concurred that no stop sign is warranted at Hunter Lane, . and noted that since the St. Thomas parking lot is not public, but rather is a private parking .area, a stop sign could not be enforced. It was further noted that the Council would have no objection to installation of a private sign by the school on the basis that said sign could not be enforced by the City.. STORM SEWER Public Works Director Danielson discussed with the Council a STUDY letter from the Eagan engineering firm which has prepared a storm sewer study, for a district on the northern part of Eagan. . Mr. Danielson advised that part of the district extends into Mendota. Heights and that Eagan has listed Mendota Heights in the study as a contributor of storm water. The Council directed Mr. Danielson to contact Mr. Rosene to advise him that the City is still wrestling with the City of West St. Paul over drainage and that when that matter is resolved the City will respond to Eagan. DAKOTA COUNTY Public Works Director Danielson reviewed a letter from Dakota TRANSPORTATION County relative to preparation of a transportation policy. The PLAN Council directed that Mr. Danielson continue to be involved in the matter and keep the Council informed on the status. GUYER DRAINAGE Mayor Lockwood moved the adoption of Resolution No. 80-73, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR LOCAL IMPROVEMENT AND ACCEPTING BID (IMPROVEMENT NO. 80, PROJECT NO. 5)," awarding the bid to Orfei & Sons, Inc. for $4,450.00. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS On the recommendation of the City Clerk, Councilwoman Witt moved that the letter of credit submitted as an engineering escrow for the Valley View Oak Addition be returned to the developer. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 ELECTION JUDGES Ayes: 5 Nays: 0 On the recommendation of the City Clerk, Councilman Mertensotto moved to approve the list of judges of election for the 1980 Primary Election. Councilman Hartmann seconded the motion. DELAWARE Councilman Mertensotto moved the adoption of Resolution No. CROSSING 80-74, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR DELAWARE CROSSING ADDITION AND ADJACENT AREAS (IMPROVEMENT No. 77, PROJECT NO. 10)," the hearing to be conducted at 8:00 P.M. on September 2nd. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 0 PERMIT FEES Ayes: 5 Nays: 0 MISCELLANEOUS LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 Page 1317 August 5, 1980 • The City Clerk reviewed and recommended approval of a proposed permit fee schedule for gas heating, air conditioning and refrigeration installation. Mayor Lockwood.moved the adoption of Resolution No. 80-75, RESOLUTION ADOPTING PERMIT AND FEE SCHEDULE. Councilman Hartmann seconded the motion. Councilwoman Witt briefly reviewed the status of discussions on Divine .Redeemer Ambulance service contract costs. The Council briefly discussed-the advisability of conducting bond referendums for a proposed fire station expansion and park property acquisition, and determined that said referendums should not be conducted •as part of the November 4th General Election. Councilman Losleben moved approval of the List of Claims dated August 5, 1980 and totalling $329,360.46. Councilman Hartmann seconded the motion. Councilman Losleben moved approval of the List of Licenses, granting Licenses to: Carlson Sewer Company, Inc. Rayco Excavating Sun Excavating, Inc. Woodbury Mechanical F.M. Frattalone Excavating & Grading Baars Plumbing & Heating Standard Heating & Air COnditioning Gas Supply, Inc. Vickerman Construction Co. Cedo Builders, Inc. Gamache Construction Hanson Homes Inc. Nordaas Homes Rauenhorst Corporation The Quimby Company John-David Contracting, Inc. Langer Construction Co. T.H. Htg. & Air Conditioning Standard Htg. & Air Condi- tioning Aquarius Swimming Pool Co. Excavating License Excavating License Excavating License Excavating License Excavating License Gas Piping License Gas Piping License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Heating & Air Conditioning License Heating & Air Conditioning License Swimming Pool Contractor License Councilwoman Witt seconded the motion. Page No. 1318 August 5, 1980 Councilman Losleben moved approval of a 3.2 Non-Intoxicating Malt Beverage License for Tom Thumb #563. Councilmanilartmann seconded the motion. Ayes: 5 Nays: 0 Councilwoman Witt moved that Club Liquor Licenses.be granted to Mendakota Country Club and Somerset Country Club. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 ATTEST: TIME.OF ADJOURNMENT: 12:10 o'clock A.M. at74 oto—au-s--d- Robert G. Lockwood Mayor ‘e-ert-1641.). thleen M. Swanson ity Clerk