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1997-03-04 Council minutesPage No. 1 March 4, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 4, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Councilmember Koch had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 ± } APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the - February 18, 1997 regular meeting as amended. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the February 25, 1997 Planning Commission meeting. b. Acknowledgment of a legislative bill tracking report from the Association of Metropolitan Municipalities. c. Acknowledgment of the Code Enforcement monthly report for February. d. Approval to issue a purchase order to MTI Distributing for a turf sweeper, for its low quote of $13,961. e. Authorization for the installation Emergency Vehicle Preemption to the I -494 ramps at Dodd Road and Pilot Knob Road. Page No. 2 March 4, 1997 f. Acknowledgment of a memo from Treasurer Shaughnessy regarding projected 1998 sewer rates. g. Acknowledgment of a memo from Administrator Batchelder regarding Ziggy's Restaurant expansion, and authorization to extend the deadline for compliance with the building code, as outlined by Code Enforcement Officer Gill in his memo dated February 25, 1997, until September 1, 1997, along with direction to staff to notify the owner that unless code compliance occur by the deadline, a certificate of occupancy will not be issued. h. Approval of the successful completion of the probationary period for Chris Esser, part -time Recreation Programmer, and authorization for his appointment to regular status with the appropriate wage adjustment to Step C., consistent with Grade VI of the city's Position and Pay Classification Plan at $12,984. i. Adoption of Resolution No. 97 -09, "A RESOLUTION SUPPORTING EXEMPTIONS OF COUNTY AND CITY ROADWAYS FROM STATE NOISE STANDARDS." j. Approval of the issuance of cigarette licenses to Mendota Liquor and Tempco Mfg. Employee Party Club, with the condition that the licensee must have procedures in effect to prohibit the sale of cigarettes to persons under the age of 18. k. Approval of the List of contractor licenses dated March 4, 1997 and attached hereto. 1. Approval of the List of Claims dated March 4, 1997 and totaling $248,105.39. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97 -02, Council acknowledged an application from Mendakota Country MENDAKOTA COUNTRY Club for conditional use permit to construct a "half -way" house CLUB on the golf course. Council also acknowledged associated staff reports. Golf Course Superintendent Bob McKinney and General Manager Chris Awada were present for the discussion. Mr. McKinney explained that Mendakota is asking permission to construct the half -way house, consisting of a refreshment stand and permanent rest rooms, in about the center of the golf course. He stated that city water will be run to the halfway house. Page No. 3 March 4, 1997 Mayor Mertensotto informed Mr. McKinney that the on site sanitary system must comply with county standards and must be inspected. He stated that at the Planning Commission hearing there were some neighbors who commented about the portable comfort stations, and that the Commission asked that Mr. McKinney remind the club's members and guests about complaints received from the neighbors. Councilmember Smith pointed out that Mendakota is asking for a change in its conditional use permit for two facilities, one now and one in the future. Mr. McKinney stated that in the future, the country club would like to construct another permanent restroom facility and would like to address that issue now under the condition that he approach the city with the plans at that time without the need to go through the Planning Commission and Council. Mayor Mertensotto responded that with all conditional use permits, construction must take place within a year. He asked if the Planning Commission considered both locations. Mr. McKinney responded that he expressed to the Commission where the second location may be, but he cannot give an exact location at this time because not all areas of the golf course will support a septic system. He informed Council that the club would like to locate the second facility behind the existing fourth green if the area will support a septic system. Councilmember Smith stated that she felt that the Planning Commission's primary concern was the adequacy of the facilities rather than whether or not they are approving the second facility. She pointed out that since Council does not have a plan for the second facility, it would be difficult to consider at this time. Mayor Mertensotto stated that approval of the conditional use permit must be strictly limited to the one facility that is being proposed for construction now. He pointed out that a second application would require a new $350 fee and abstractor's certificate, and suggested that Council could waive the filing fee for the second half way house but that does not mean the applicant would not have to go through the Planning Commission and Council with plans. Councilmember Smith felt that the fifth condition in the proposed resolution places.too much burden on the adjoining property owners. Page No. 4 March 4, 1997 ` She stated that, while there should be communication with the neighbors, the onus should be on the city and the city should keep them informed. Councilmember Smith moved adoption of Resolution No. 97 -10, "A RESOLUTION GRANTING A CONDITIONAL USE PERMIT ALLOWING THE ADDITION OF A HALF -WAY HOUSE TO MENDAKOTA COUNTRY CLUB," as amended. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97-03, UNITED Council acknowledged an application from the United Church of CHURCH OF CHRIST Christ for a conditional use permit and variance to allow an addition to the church, located at 680 Highway 110. Council also acknowledged associated staff reports. Project Architect Carey Lyons, from the Vanman Companies, and representatives of the church were present for the discussion. Mr. Lyons briefly reviewed the conditions recommended by the Planning Commission. In response to the first condition, he stated that a landscaping plan has been prepared, and three maple trees will -' be planted along the front border of the parking lot and additional trees will be planted along the east property line between the church and the Dodge Nature Center. He explained that city staff has not seen the landscaping plan, (which he prepared) but the plan conforms to what the Planning Commission recommended. In response to the second condition, he stated that the outdoor trash enclosure will be eliminated. He stated that trash will continue to be stored inside the church. Mr. Carl Bollmeister, a member of the congregation, stated that currently trash is placed in trash cans which are carried to the parsonage garage. He explained that if the congregation grows it may be necessary to come back and request a modification in the plan to allow for a trash enclosure but right now it is not an inconvenience to continue current practice. He then reviewed the lighting, stating that shadow box lights will be used and light will not spill off the property. He reviewed a schematic of the foot candles of the light-fixtures and informed Council that one light closer to the church can be substituted for the two lights that were originally to be located at the outer edge of the parking area. Page No. 5 March 4, 1997 Councilmember Smith stated that the intent was to be sure that light does not spill over but not to create a situation where the church does not have sufficient light. Mr. Lyons responded that the church currently has no lighting in the parking area at all, so the situation will be improved greatly just by the fact that there will be three fixtures. He stated that it would be cheaper to have lighting on the church to illuminate the parking lot, but that would shed light out onto the nature center and other areas. With respect to the landscaping proposal, Councilmember Smith stated that the purpose of the request from the Planning Commission was to show where the planting elements will be. She stated that if the church wishes to plant trees that would be fine, but other plantings might be acceptable as well if the church members do not wish to obscure the view of the church from the highway. Mayor Mertensotto pointed out that the trees would help reduce noise from the highway. Mr. Lyons informed Council that the Planning Commission also recommended a condition that the future parking master plan not be part of this recommendation. He explained that he had originally indicated some expansion of parking along the eastern edge and that has been removed from construction. He stated that the zoning ordinance requires 67 parking spaces and the church proposes 90. He stated that in the interest of saving money for the project, the church is considering removing some of the parking, but not below 67 spaces. Responding to questions about lighting of the church steeple. Mr. Lyons explained that the intent would be to locate some fixtures on the roof to highlight the steeple, and the lights would probably be on a timer for 6:00 p.m. to midnight. Council discussed a desire that there be uniformity in how late lighting is allowed and directed staff to research what has been required in the past for other churches. Pastor Bob Henderson stated that the lights would be low voltage. He did not see why the lights would have to be on late at night. Mayor Mertensotto stated that the condition would likely be that the lights be turned off at 10:30. Page No. 6 March 4, 1997 Mr. Lyons informed Council that the variance being requested is for the driveway setback at Highway 110 and also on the eastern property line between the nature center and the church. Dr. Greg Lee, representing the Dodge Nature Center, stated that he is also a member of the church congregation and is limiting his comments to the items the nature center board has asked him to discuss. He stated that he was not aware that there would be a variance on the nature center side of the parking lot and cannot comment on that issue. He informed Council that the board asked him to comment that the Dodge Nature Center would prefer that the steeple not be illuminated. He explained that people use the nature center property at night and the thought is that the least illumination as possible creates a better natural experience. Mr. Lyons responded that the lighting for the steeple would be two lights of 200 watts each, and they could certainly be focused to illuminate the cross itself. He stated that he could select a fixture that is more discriminating. Mr. Lee stated that a comment was made about maple trees along the side lot, and the nature center would possibly prefer oaks. Mr. Lyons described the proposed addition, which would involve adding 7,822 square feet to the existing 5,451 square foot structure. He explained that the addition would include a new worship space to seat 234 people, additional office space and fellowship area. He stated that the exterior will be prefmished steel siding with the possibility of some brick. Mayor Mertensotto asked Dr. Lee to review the landscaping plan and submit his comments to city staff. He further stated that staff can make the determination on whether the plan meets city requirements. Mayor Mertensotto stated that Council will leave the steeple lighting to the church's judgment but the wattage must be kept as low as possible with as little spillage as possible. He stated that city staff will research the conditions that Council has placed on other applicants, and informed Mr. Lyons that the restriction will probably be that the lights be turned off at 10:30. He also pointed out that the future parking plan is not a part of this approval process. Councilmember Smith moved adoption of Resolution No. 97 -11, "A 1 RESOLUTION GRANTING CONDITIONAL USE PERMITS FOR A CHURCH ADDITION AND LAND RECLAMATION AND A Page No. 7 March 4, 1997 SETBACK VARIANCE FOR PARKING TO MENDOTA HEIGHTS UNITED CHURCH OF CHRIST," subject to submission of a lighting plan and review and approval of the landscaping plan by city staff. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 BJORKLUND CONCEPT PLAN Council acknowledged reports from Administrative Assistant Hollister and the city planner regarding a request from Dave and Dick Bjorklund for concept plan discussion on proposed development of the southwest corner of Dodd Road and Mendota Heights Road for construction of a Holiday Station convenience store /deli. Mr. Dave Bjorklund was present for the discussion. Mr. Bjorklund informed Council that his current use of the house at 2511 Condon Court as an office for Bjorklund Development and Construction is non - conforming. He stated that at the time his family purchased the site in 1989, he was told to get letters from his neighbors approving the use, and he did receive letters of approval. Councilmember Krebsbach asked Mr. Bjorklund if he bought the property with the intent to develop it for a gas station. Mr. Bjorklund responded that his family purchased the site with the understanding that the underlying zoning was commercial, and even though the zoning is residential no one would build houses along the freeway. His family has an agreement with Holiday and would build, own and operate the facility. Mayor Mertensotto pointed out that there have been discussions about the open property along Mendota Heights Road and Council is looking for some type of office use in that corridor. He informed Mr. Bjorklund that Council does not want to co- mingle truck traffic with the school traffic. He pointed out that there are already three motor fuel stations in the city and one soon to be built at Lexington Avenue and Highway 110, and stated that Council needs to address how many motor fuel stations are needed in the city. Mr. Bjorklund responded that he does not want to be at a disadvantage just because the others came before him. He stated that the Holiday studies show that his site is a stronger one than SuperAmerica's and that he does not consider two or three stations j to be to many for 10,000 residents. He also stated that his site will be picking up Eagan traffic as well. Page No. 8 March 4, 1997 ,r Mayor Mertensotto informed Mr. Bjorklund that there is no question that traffic will increase when the middle school opens and that raises the question of whether Mr. Bjorklund's site is an appropriate location for the proposed use. He stated that the type of use being proposed intensifies traffic problems. It was noted that the Bjorklund proposal would involve city release of right -of -way along Mendota Heights Road to the Bjorklunds. Councilmember Smith stated that she has expressed the opinion in the past that the Mendota Heights Road/Dodd Road intersection is a hazardous intersection with very bad sight lines. She stated that she would be very concerned about giving up any right -of -way before knowing exactly what the city's future needs will be. She pointed out that the property was given to the city by Mn/DOT for public purposes. Mayor Mertensotto pointed out that when Mr. Bjorklund purchased the property he had no right to expect that the right -of -way would be sold back to him. He stated that Mr. Bjorklund owns a parcel of land which is not large enough to support what he is proposing to do. He informed Mr. Bjorklund that release of right -of -way must be in the city's best interest and desire to clean up a site for the betterment of the entire community, and that is not a problem at this corner. He stated that, from the standpoint of traffic, Council must look at whether it wants a gas /convenience store operation at this corner. Mr. Bjorklund stated that Planning Commission also said that he should address traffic. He asked what his responsibility is to address traffic and further asked if Council is saying it does not want anything on this corner because of the traffic. Mayor Mertensotto informed Mr. Bjorklund that what Council is saying is that there is a known traffic problem because of traffic to St. Thomas and Visitation and it does not want to increase that traffic. Mr. Bjorklund responded that the underlying zoning is Limited Business and whatever he plans for the property will generate traffic. He asked what would be acceptable. City Attorney Hart informed Mr. Bjorklund that the underlying ( zoning of the property is still residential an that the Comprehensive Plan designation is LB -PUD. He pointed out that the Page No. 9 March 4, 1997 Comprehensive Plan is a long range planning guide and that the property is not zoned for commercial use. Councilmember Smith stated that the designation is LB, but it is also PUD, and three are restrictions as to size of development under PUDs as well, and it may be that all of the properties along Condon Court would have to be assembled before there could be any development. Mayor Mertensotto pointed out that one problem in the proposal is that the site is not large enough for the proposed use and therefore Mr. Bjorklund has to rely on getting right -of -way which is in the city's ownership. He stated that the question is whether the intended use is the type of use Council wants for the intersection. He informed Mr. Bjorklund that the city had to go to the legislature to put pressure on Mn/DOT to get traffic lights at the intersection, and it would be very difficult now to tell the property owners to the east that Council would consider such a high intensity traffic use at the corner. Councilmember Huber stated that Mr. Bjorklund is asking Council to change several things so that he can build a gas station, and for Council to take the requested actions it must have some very compelling reasons to release the right -of -way and bring more traffic to the intersection. He informed Mr. Bjorklund that it is not obvious to him that there is any compelling reason for Council to consider his proposal, although he certainly has the right to make an application. Administrator Batchelder reviewed the LB -PUD requirements, stating that the minimum size for a PUD is ten acres, with the provision that would allow five acres under certain circumstances. He pointed out that LB does not allow motor fuel stations, so if Mr. Bjorklund pursues his proposal he would need to apply for Comprehensive Plan amendment. Councilmember Smith stated that this is a very predominant site, as it is the gateway to the city. She stated that Council would not want spot uses along Condon Court, and would prefer to deal with the acreage that is available (all three sites) as one PUD. She pointed out that what Mr. Bjorklund is proposing would set the tone for the entire rest of the block and since the proposal is a deviation from the city's original concept, Council would need to have a very compelling reason to deviate from the LB -PUD. Page No. 10 March 4, 1997 Counci]member Huber agreed, stating that what is done on the site will set a precedent as well as a tone. Mayor Mertensotto informed Mr. Bjorklund that Council is not going to do something that will create any more traffic problems at the intersection. Councilmember Krebsbach stated that even if the neighborhood wanted a gas station she would not support it at this site because of the traffic and because of the character of Visitation and St. Thomas Academy. It was her position that even if Mr. Bjorklund assembled the properties on Condon Court she would not support a gas station proposal. Summarizing the discussion, Mayor Mertensotto informed Mr. Bjorklund that what Council is telling him is that his proposed use is not something Council could support for development on the site. ASISTANT FIRE CHIEF Council acknowledged a memo from Administrator Batchelder regarding appointment of a selection panel for Assistant Fire Chief interviews. It was the consensus to appoint Councilmembers Huber and Krebsbach to serve as the Council representatives on the panel. MFRS LAWSUIT Mayor Mertensotto informed Council that the League of Minnesota Cities Insurance Trust is suddenly saying that it will pay for all legal costs associated with an appeal of the Starks and Fields case and has made a proposal to the MPRS. He explained that part of the judgment the court imposed is that the cities had to come up with an employment plan applying to African Americans. He stated that Mendota Heights has separately submitted its plan to the court and the court has said that it is fine, therefore the city has been relieved from the court order. He informed Council that the MPRS board wanted the LMCIT to take over the costs of the appeal, and unless Council passes a resolution authorizing LMCIT to represent Mendota Heights in the appeal, the city cannot be part of the appeal. He stated that he cannot get a straight forward answer on what LMCIT is going to appeal or if all that is to be appealed is the ruling on minority hiring practices. Mayor Mertensotto informed Council that he does not wish to call a special meeting on the issue, but if the city is to join in the appeal, Council must adopt a resolution by March 15 to request that MLCIT process the appeal for the city. He pointed out that the court judgment is one of joint and several liability, and any one of the thirty cities that were MPRS members can be held liable for the Page No. 11 March 4, 1997 entire amount of the judgment of $580,000. He asked that Council give him and Administrator Batchelder authority to study the matter further and make a determination on behalf of the city. City Attorney Hart stated that it is a difficult choice, but in view of what he knows today he would want to be part of the appeal, given that there is the possibility of a sudden levy of over $500,000 against the city. He stated that either the city must become part of the appeal or it will have a judgment against it jointly and severally. He stated that he would not be particularly concerned on balance by being a part of the larger group on appeal. He stated that although the city does not know the basis of the appeal, the fact remains that the city has received positive feedback from the courts on the policy it has already adopted independent of the group and in good faith. Mayor Mertensotto stated that the city has demonstrated to the court that it has been following the hiring practices for the past four years. Councilmember Krebsbach stated that her concern is that the city acted in good faith and quickly and has a good plan. She did not want any other message to be sent by virtue of the city becoming part of the appeal. Mayor Mertensotto pointed out that if the city does not join the appeal, nothing would stop the defendants from coming after the cities, one or all, who are not in the appeal, for the entire judgment. He stated that the city gets a contract giving it protection, it will have to join the appeal, and that must be by resolution. He stated that he needs to know that Council supports the resolution. He informed Council that the city would want to accept the conditions but covenant that the city has no intent to become part of MFRS and would just be authorizing LMCIT representation. It was the consensus to authorize the Mayor and City Administrator to prepare and execute a resolution for ratification at the March 18 meeting. COUNCIL COMMENTS Mayor Mertensotto stated that he has received a complaint about parking on both sides of South Plaza Drive. He asked staff to notify the police department to enforce the parking restrictions and to direct the Public Works staff to try to clear more of the snow to widen the driving lanes. Staff was also directed to remind the businesses along South Plaza about parking restrictions. Page No. 12 March 4, 1997 ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:14 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL Wfl�vq Gas Piping Contractor License Cedar Valley Heating & Air Donohue Mechanical HVAC Contractor License Cedar Valley Heating & Air Construction Mechanical Services Managed Services Inc. General Contractor License McGough Construction Co., Inc. Metro Siding, Inc. Nordling Construction Co., Inc. Hendrickson Bros. Drywall Inc. Landscape /Tree Service Licence The Tree Stump Company, Inc.