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1979-11-06 Council minutesPage 1170 November 6, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 6, 1979 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, Councilwoman Witt, Councilman Hartmann, Councilman Losleben. Councilman Mertensotto had notified the Council that he would be out of town. APPROVAL OF Mayor Lockwood moved approval of the minutes of the October 16th MINUTES meeting. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 CASE NO. 79-18, Mayor Lockwood opened the meeting for the purpose of the hearing VANLANDSCHOOT on an application for subdivision and wetlands permit for Lot 18 SUBDIVISION Linden Addition. It was noted that the property owner, Mr. David HEARING VanLandschoot, also requests a variance of 15 feet from the 100 foot shoreline setback required under the wetlands ordinance. Mr. VanLandschoot in his application also requested approval of a variance from the 100 foot front yard requirement (100 feet of frontage on a public street), and a 61/2 foot side yard setback variance. Mayor Lockwood stated that the City has received a letter from Mr. Kent Lokkesmoe, from the DNR, stating that in his opinion it would not be in the public interest to require further modification of the existing shoreline on the property, and that the DNR considers their file closed and that land use matters are a local decision. Councilman Hartmann pointed out that there is a discrepancy in the land area figures as shown in the letter from the City Engineer dated June 22, 1976 and the information presented by Mr. VanLandschoot. He noted that the Engineer's letter indicates 52,000 square feet of area above level 872.2, whereas the information from Mr. VanLandschoot indicates an area of 72,000 square feet. Mr. VanLandschoot stated that three variances would be necessary on one lot and only one variance on the second lot if the property is approved for subdivision. He explained that he would like to build a large home for himself on the westerly lot. In order to accommodate the home he would need__ the shoreline variance as well as the side yard and front yard footage variances. Councilman Losleben asked whether the applicant purchased the property on the basis of one or two lots. Mr. VanLandschoot stated that he purchased the property in order to build one home for himself and with the knowledge that someday he might event- ually request a subdivision. He stated that he believes what he is proposing fits into the rest of the neighborhood community Page 1171 November 6, 1979 quite well and that it would be good for the area. He stated that if the property is approved for subdivision, the lots would be larger than many of the lots in the area which are platted at 15,000 square feet. He stated that this is a corner lot and different in configuration from most lots and cannot be considered on the same basis as a rectangular 100 by 150 foot lot. Councilman Losleben expressed his concern that the division of the property would require four variances in order to accomplish two buildable sites. He pointed out that variances are granted on the basis of hardship and he had not been given any evidence of hardship at this point. He stated that as far as he could determine the applicant is requesting the variances to be approved purely for financial improvement based on sale of the newly created lot. He stated that a variance for the lot that the applicant plans to build on would eliminate any hardship for the balance of the property, and he would be in favor of approving the variances without the subdivision. He stated that the subdivision would only provide the applicant with an economic gain and does not present hardship. Mr. VanLandschoot stated that there is reasonable hardship: taxes for the entire site, the cost of landscaping and maintaining the 72,000 square foot lot, and the cost of constructing a house substantial enough for such a large parcel of property. Mayor Lockwood asked for questions and comments from the audience. Mr. Paul Maczko, 907 Cheri Lane, presented the Council with a petition signed by 103 people opposing the subdivision. Mr. Maczko stated that the area residents do not oppose or object to constructing one home, on the site but do object to dividing the property and constructing two homes and granting of the variances. Mr. Cameron Kruse, 902 Cheri Lane, stated that if one looks at the property, two structures really don't fit on the site. He stated that the zoning ordinance is intended to be for the protection of all the land owners in the immediate area. He further stated that before the property was filled in 1976, the property was even less fitting for two structures: that filling was accomplished by the former property owner in order to make the land more fitting for subdivision. He stated that if the Council approves the subdivision they are condoning the un- authorized filling of property. He felt that if the Council grants the subdivision based on what the property looks like now rather than the way the property was prior to the filling, the Council is asking for the same type of unauthorized filling in the future. Mr. Kruse asked the Council to bear the opinions of the neighbors in mind in making their decision on approval or denial of the subdivision. Mayor Lockwood noted that in view of Councilman Mertensotto's absence he would prefer not to make any decision on the matter this evening. Mayor Lockwood moved that the hearing be continued to 7:30 o'clock P.M. on Tuesday, November 20, 1979. Ayes: 4 Nays: 0 COMMUNICATIONS Page 1172 November 6, 1979 Councilman Hartmann seconded the motion. The Council acknowledged a letter from Mr. George Montgomery, 2225 Delaware Avenue, regarding the condition of Huber Drive adjacent to his property. Mrs. Montgomery and Mr. James Dawson, her legal representative, were present to discuss the matter with the Council. Mr. Dawson stated that the condition of Huber Drive, which is the only access to the Montgomery residence, is terrible. The problems and hardships the Montgomery's have had to face because of the muddy street conditions, lack of gravel and paving, have been very serious, and the Montgomery's are extremely concerned that something be done before winter. Mr. Dawson asked when Huber Drive will be paved. He stated that if it is not paved in the near future the Montgomery's will have no access to their property when snow comes. City Engineer Kishel stated that he has received assurances from the contractor who is constructing the public improvements that the first thousand feet of Huber Drive will be paved in the near future. He stated that the contractor has indicated that preliminary work would begin on November 7th and would be ready for paving perhaps by November 9th. City Administrator Johnson stated that the contractor has requested an extension on his contract completion date, and suggested that one condition of the contract extension would be the installation of at least a gravel base street if it appears that the bituminous cannot be installed this construction season. Mr. John. Finley, representative of August Construction Company, asked that in the event that all of Huber Drive is not going to be blacktopped this season, the Council consider at least putting a gravel base on all of Huber Drive to accommodate access to the Delaware Crossing Addition. The Council acknowledged receipt of a letter from Orfei Construction Company requesting an extension of the construction contract to July 31, 1980. Administrator Johnson suggested that the Council look into the details on the requested extension and possible contract cost increase, as well as the provision for construction of a few of the streets this fall. City Engineer Kishel stated that the letter is the result of a meeting held on October 23rd with August Construction Company and Orfei's representatives. He stated that at that meeting the contractor pointed out that wet weather during most of the construction season, as well as the soupy condition of the right- of-ways, has made it impossible to construct the street surfaces, and the contractor at that time requested that some of the work be allowed to be held over until the next construction season begins. Mr. Kishel indicated that if the contractor were forced to make the streets payable at this time he would have to remove a great deal of unstable material and that removal of the mater- ial would considerably increase the contract price. He indicated PARK ACQUISITION AND DEVELOPMENT EQUIPMENT CERTIFICATES Page 1173 November 6, 1979 that if the contract is extended, this would allow the surfaces to dry out and would eliminate the need for removal of unstable materials, would allow the existing materials to stabilize and could then be paved next spring. Councilman Losleben felt that it would be inappropriate to extend the contract as requested to July 31, 1980. Further discussion on the matter was tabled to December 4th. City Engineer Kishel was directed to contact Orfei and to see that something is done to Huber Drive adjacent to Montgomery's home so that access can be accomplished. Engineer Kishel is to prepare a status report for Council review on December The Council determined that no decision on the contract extension request would be made until December 4th. The Council acknowledged a memo from the City Administrator regarding proposed ballfield acquisition and development. Park Commission Chairwoman Mary Mills and several members of the Commission were present to discuss the matter. Mrs. Mills stated that at the last Park Commission meeting, the Commission members requested that the Council grant permission to begin the process which would culminate in a referendum for park bonds. She stated that the park bonds would be needed to finance the acquisition of two forty acre sites, additional development of Roger's Lake Park, and development of the two new sites with ballfields and other open space ammenities. She stated that the Commission would like permission to move ahead on the bond issue matter, stating that it would take approximately one year of preparation before a referendum. Mr. Gary Gustafson stated that professional fees for planning the program would cost approximately $20,000 to $25,000, and the Commission needs some direction and committment from the Council before proceeding and before the Commission can justify spending any money on planning. He requested that the Council grant approval in principal to proceed with the park bond project. Mr. Jerry Finn stated that if the Council agrees in concept the Commission must be given some funds to begin the process and some direction on the interviewing and hiring of a planner. The Council members generally concurred with the Park Commission, however it was the concensus of the Council that no action should be taken until Councilman Mertensotto could take part in the discussion and action. Further discussion was therefore tabled to November 20th. Financial Advisor Larry Shaughnessy was present to review for the Council bids received on the sale of $180,000 in certificates of indebtedness. He advised the Council that the biddirgprocess had been conducted through negotiation rather than through sealed bidding procedure. He indicated that the only bid received on the issue was that of the American National Bank of Saint Paul at 6-3/4% interest. He indicated that several other financing institutions had expressed interest in the issue, however the minimum interest was 7%. Councilman Losleben moved the adoption of Resolution No. 79-113, RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $180,000 Page 1174 November 6, 1979 GENERAL OBLIGATION CERTIFICATES OF INDEBTEDNESS OF 1979 AND LEVYING A TAX FOR THE PAYMENT THEREOF." Councilwoman-Witt seconded the motion. Ayes: 4 Nays: 0 POLICE Police Chief Thul was present to discuss his memo regarding the RECRUITMENT hiring of a new police patrolman. Chief Thul explained that current state statutes essentially prohibit hiring anyone who is not a currently licensed police officer or who is not eligible to be licensed. He advised the Council that approximately 60 employment applications have been received, 12 submitted by currently licensed police officers. Because of the difficulties and requirements the City must meet in order to hire an un- licensed person, Chief Thul recommended that the Council approve the recruitment of an officer from the candidates who are current- ly licensed. Because the hiring of licensed officers has become very competitive, Chief Thul recommended further that if a licensed candidate is considered for employment, the employment rate should be based on the candidate's Current employment status minus one year. This would mean that if the candidate is current- ly a top patrolman, his employment rate should be based on that of a patrolman with two years service with the City. The Council concurred with this recommendation. Ayes: 4 Nays: 0 SOMERSET COUNTRY CLUB Ayes: 4 Nays: 0 CABLE COMMUNICATIONS After discussion, Mayor Lockwood moved to approve the Police Chief's recommendation that he be allowed to recommend to the Council an applicant who he feels is best qualified for the position. Councilman Hartmann seconded the motion. The Council acknowledged and briefly discussed a memo from the Code Enforcement Officer regarding a building permit for an addition to the Somerset Country Club. Councilman Losleben moved to approve an application for a building permit from Somerset Country Club for a dining room addition. Councilwoman Witt seconded the motion. The Council acknowledged and discussed a letter from the Cable Communications Board regarding Cable Service Territory. COMMISSION The Council acknowledged receipt of the minutes of the October REPORTS 23, 1979 Planning Commission meeting. The Council also acknow- ledged receipt of the minutes of the October 23rd Park Commission meeting. DEPARTMENT The Council acknowledged receipt of a Fire Department monthly REPORTS report for October, and the Police Department monthly report for September. • The Council acknowledged receipt of a letter from the Mendota Heights Fire Department regarding the election of department COMPREHENSIVE PLAN Page 1175 'November 6, 1979 officers. The Council acknowledged and briefly discussed a memo from the City Administrator regarding the Comprehensive Land Use Plan. HIGHWAYS The Council acknowledged and briefly discussed a memo on approval of 1-494 Preliminary Plans. Councilman Losleben moved that a special meeting be conducted at 7:30 o'clock P.M. on November 13th for discussion of the Comprehensive Land Use Plan and 1-494 Preliminary Plans. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 PROPERTY City Attorney Winthrop advised the Council that he has negotiated ACQUISITION an option agreement for purchase of the Kirchner property on Dodd Road, providing for purchase of the entire parcel of pro- perty for $132,500. Mr. Winthrop advised the Council that the option agreement provides for a payment of $1,000 by the City to hold the option through February 28, 1980, with an additional payment of $1,000 to continue the agreement to June 30, 1980. He advised that any payment made to hold the option would be applied toward the purchase price. After brief discussion, Councilman Losleben moved the adoption of Resolution No. 79-j-14 "RESOLUTION APPROVING OPTION AGREEMENT FOR ACQUISITION OF KIRCHNER PROPERTY", authorizing the appropriate City Officials to execute the option agreement. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 ASSESSMENT On the recommendation of City Attorney Winthrop, Mayor Lockwood APPEAL moved the adoption of Resolution No. 79- 115 "RESOLUTION PROVIDING SETTLEMENT FOR THE SETTLEMENT OF MORIN ASSESSMENT APPEAL," authorizing the City Officials to execute the settlement agreement. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 POLICE CONTRACT DUTCH ELM FEASIBILITY STUDY City Attorney Winthrop advised the Council that he has reviewed the draft agreement for policing service with the City of Mendota. He advised the Council that the agreement appears appropriate and will be submitted to the Mendota City Council for execution and returned to the City for execution by Mendota Heights Officials. The Council acknowledged a proposed ordinance relative to the City's Shade Tree Program. Councilman Losleben felt that the provision relating to storage of elm wood should be revised to allow stock piling of bark bearing elm wood upon inspection and approval by City staff for each individual case. Further dis- cusSion on the matter was tabled to November 20th. The Council acknowledged receipt of a feasibility study for surface water removal in the Eagle Ridge area. No action was MISCELLANEOUS MARIE AVENUE BRIDGE REPAIRS SWIMMING POOL ORDINANCE Ayes: 4 Nays: 0 MISCELLANEOUS Ayes: 4 Nays: 0 APPROVAL OF LICENSES Page 1176 November 6, 1979 taken on the matter. City Engineer advised the Council that he has received several telephone complaints about television reception in the area of Lexington Avenue and. Wagon Wheel Trail since the construction of the elevated water storage tank. Mr. Kishel advised the Council that he contacted an Engineer at KSTP TV and the Engineer advised him that such an occurrence is not uncommon in the Metro area when large structures are built. The Engineer advised Mr. Kishel that the home owners should be advised that purchasing a better quality antenna might eliminate the problem. No action was taken on the matter. The Council addressed the matter of payment of engineering fees relative to repair of the Marie Avenue Bridge structUre. After discussion, City Engineer Kishel was requested to produce inform- ation on time spent for inspections and other engineering details during the time between the original construction of the structure and the feasibility study recently completed on the repair project Staff was directed to provide the Council with information on engineering fees paid for the original project. The Council acknowledged and briefly discussed a proposed ordi- nance establishing requirements and regulations ,for swimming pool construction. (76,5) Councilman Hartmann moved the adoption of Ordinance No.,503, an_ Ordinance regulating swimming pool construction. Councilwoman Witt seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 79-116., "RESOLUTION FOR MACHINE SIGNED SIGNATURES," authorizing use of the Mayor's facsimile signature on claim checks. Councilman Hartmann seconded the motion. The Council acknowledged receipt of a memo and proposed ordinance for expansion of the City's licensing requirement for trades and occupations, and a memo regarding establishment of a fee schedule for services and materials. Discussion on the matter was tabled to November 20th. Councilman Losleben moved approval of the list of licenses, granting licenses to: August Construction Co. Skarda Plumbing City Clean Up Frandrup Masonry, Inc. Bergman Builders, Inc. Northeast Sheet Metal, Inc. Mayor Lockwood seconded the motion. General Contractor License Plumbing License Rubbish Removal License Cement/Masonry License General Contractor License Gas Heating License Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 ATTEST: Page 1177 November 6, 1979 Councilman Hartmann moved approval of the list of claims sub- mitted for approval with the agenda. Councilwoman Witt seconded the motion. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned to 7:30 o'clock P.M. Tuesday, November 13th. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 11:44 o'clock P.M. hleen M. Swanson City Clerk Robert G. Lockwood Mayor