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1995-11-21 Council minutesPage No. 1 November 21, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 21, 1995 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 City Hall, 1101 Victoria Curve, 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, Koch, and Smith. Councilmember Krebsbach had notified Council that she would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the October 5, 1995 regular meeting with correction. Councilmember seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Huber Councilmember Koch moved approval of the minutes of the November 7, 1995 regular meeting with correction. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item g. Sargent critical area variance, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for October. b. Acknowledgment of the Fire Department monthly report for October. c. Acknowledgment of the Park Maintenance Report for October. d. Acknowledgment of the minutes of the November 14, 1995 Parks and Recreation Commission meeting. Page No. 2 November 21, 1995 e. Adoption of Resolution No. 95 -60, "RESOLUTION DEFERRING PAYMENT OF AN ASSESSMENT (IMPROVEMENT NO. 92, PROJECT NO. 6)." f. Adoption of Resolution No. 95 -61, "RESOLUTION APPROVING A VARIANCE ALLOWING CONSTRUCTION OF A THREE STORY SINGLE FAMILY RESIDENCE IN THE CRITICAL AREA OVERLAY DISTRICT." (Stroh, Case No. CAO 95 -05) g. Adoption of Resolution No. 95 -62, "A RESOLUTION APPOINTING KEVIN L. BATCHELDER AS INTERIM CITY ADMINISTRATOR FOR THE CITY OF MENDOTA HEIGHTS," effective November 25, 1995. h. Acknowledgment of a memo from Treasurer Shaughnessy regarding 1996 water rates. i. Authorization for Mayor Mertensotto to execute a letter to the Metropolitan Airports Commission chairperson regarding nighttime MSP aircraft operations. j. Approval of the list of contractor licenses dated November 21, 1995, and attached hereto. k. Approval of the List of Claims dated November 21, 1995 and totaling $199,285.54. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 PRESENTATION On behalf of the Council, Mayor Mertensotto presented a plaque of appreciation to Mr. & Mrs. Russell Wahl for their twenty three years of organizing, and promoting the annual community Halloween bonfire. Mayor Mertensotto also expressed appreciation to Mr. and Mrs. Wahl's daughters for their efforts in serving food and beverages at the event and to the Fire Department for cooking and transporting the hot dogs and monitoring the fire each year. CASE NO. CAO 95 -06, Council acknowledged a memo and proposed resolution from Public SARGENT Works Director Danielson regarding the Sargent critical area site plan review and variances which had been discussed on November 7. Mrs. Sargent, present for the discussion, asked if the proposed approving resolution means that her family cannot do any additions Page No. 3 November 21, 1995 to their home in the future. She informed Council that she hopes to build an addition to the kitchen of the home in four or five years. Mayor Mertensotto responded that this is the reason for the condition - that Council needs to know the family's long range goals for the home. He explained that in critical area processes, Council looks at grades and slopes and the placement of homes because of the effect on drainage for the area. He informed Mrs. Sargent that approval of her requested is being made by resolution so that future owners would know in the future that the size of the structure cannot be changed without automatic termination of the variances, which would result in a non-conforming structure. Mrs. Sargent distributed copies of a site plan and stated that they would like to put in a frost wall and extend the kitchen in the future. She explained that the expansion would only be one story and will not increase the height of the structure, and a variance will not be needed. Administrative Assistant Batchelder informed Council that the easiest way to accommodate the possible future expansion would be to attach the revised site plan to the resolution and to revise the resolution to indicate that the approval includes a possible kitchen addition in the future. Mayor Mertensotto responded that the expansion would be limited to the one story addition, which appears to be about 10 by 14 feet. He advised Mrs. Sargent that actual approval of the addition will have to occur in the future because of the critical area requirements. Staff was directed to prepare a revised resolution. PAGEL ROAD STOP SIGN Council acknowledged a memo from Engineer Mogan regarding stop sign warrants at the Keokuk Lane/Pagel Road intersection. Council also acknowledged a letter and petition from Mr. Bernard Friel in opposition to the proposed four-way stop, and letters from Paul Wild, 813 Hazel Court and Kathryn Kulenkamp, 2305 Apache Street in favor of the fourth stop sign and from James Losleben, 815 Hazel Court, in opposition. Mayor Mertensotto stated that police and engineering department reports indicate that the intersection does not meet the warrants for a four-way stop. He further stated that given those recommendations, he believes the intersection should remain a three-way stop. He stated that staff recommends installation of a smaller sign on each of the existing stop signs to notify drivers that Pagel does not stop southbound. Page No. 4 November 21, 1995 Staff was direct to install "three -way stop" signs on all of the stop signs at the intersection. SOUND ABATEMENT Council acknowledged a memo from Public Works Director Danielson regarding a request from Miller Dunwiddie Architects for approval of a sound abatement project for Visitation School and St. Thomas Academy. Council also acknowledged a letter from Architect Joel Stromgren describing the project. Mr. Stromgren was present for the discussion. Mr. Stromgren reviewed the proposed project and answered Council questions. In response to a question from Councilmember Smith, he stated that exterior changes will blend in with the existing structures. Councilmember Koch moved to approve building permits for the proposed sound abatement project, subject to review and approval of the plans by the Fire Marshal, engineering department and Code Enforcement office. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Staff was directed to review the plans to be sure that all exterior materials match the existing structures. MENDOTA PLAZA SIGNS Council acknowledged a letter from Mr. John Streeter, Construction Manager for Paster Enterprises requesting approval to install neon accent lighting to the exterior canopy of the Mendota Plaza. Council also acknowledged a memo from Public Works Director Danielson regarding an amendment to the Mendota Plaza sign policy. Mr. Streeter and Mr. Bob Schulak, from the sign company, were present. Mayor Mertensotto noted that the city's zoning ordinance prohibits neon lighting. He asked if the shopping center's sign policy is consistent with the zoning ordinance or if a variance has been granted. Mr. Streeter explained that the shopping center is a PUD and the sign policy at the center is the same as the sign policy used at all of the shopping centers owned by Paster Enterprises. He stated that the city has adopted the policy. Public Works Director Danielson stated that the prohibition in the zoning ordinance is against strip lighting, and the question is whether the lighting proposed is strip lighting or a sign. He explained that Planner Uban's interpretation is that the request is for a sign, as part of the existing sign band. Page No. 5 November 21, 1995 Mr. Streeter stated that what is proposed is not a strip of neon, but rather it is two strips of neon down each tower (peak) to match the towers themselves, and on the existing diamonds. He explained that the pylon sign has the same neon inside the channel. Councilmember Smith asked if there is any intent to run signage up the "v" in the sign band in the future. Mr. Streeter responded that he does not know, but that he would have to appear before Council to request any additional future signage. Responding to a question from Councilmember Huber about the brightness of the neon, Mr. Schulak stated that it will be identical to the clear red neon in the existing pylon sign. Mr. Streeter informed Council that the pylon on Dodd will be identical to the existing pylon sign, only smaller. He stated that the sign band neon lighting will come on one hour before sunset and will remain on until 10:00 or 11:00 p.m. Councilmember Huber moved to approve the proposed amendment to the Mendota Plaza sign policy, revised to state that permanent accent lighting at the sloped areas of the (3) main entrance gables, including the diamond inserts, at no greater intensity than the accent lighting, and to authorize issuance of the required building permit. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Mayor Mertensotto informed Mr. Streeter that the city has received a letter from the school district bus drivers about violations of bus /truck parking prohibition. Mr. Streeter responded that he has received a petition from a number of people to let them park trucks and semis throughout the parking lot, but that will not be allowed. He explained that a rear entrance will be added for the Snyder's restaurant so that people parking trucks and buses in the rear lot will not have to walk around the building. In the interim, there is a moratorium on the no- parking restriction but when the entrance is completed, the restriction will be enforced. Responding to a comment from Mayor Mertensotto, Mr. Streeter stated that he will communicate this information to the school bus drivers. MENDOTA PLAZA TREES Council acknowledged a memo from Public Works Director Danielson in response to a request from Paster Enterprises for a variance to the tree removal moratorium to allow removal of 12 trees from the Mn/DOT right -of -way along T.H. 110. Page No. 6 November 21, 1995 Mr. Streeter explained that over the years boxelder trees have grown up in the highway right -of -way and have begun to screen the shopping center. He stated that he would like to thin the trees out and the Mn/DOT has granted its approval. The state forester has determined how many and which trees can be removed and the Mn/DOT maintenance engineer has issued a removal permit. He further stated that Paster Enterprises is hiring a forester to work with a tree removal contractor to remove them. He informed Council that the state has asked Paster to plant one tree for each two trees taken out - by depositing an amount of money with the state equivalent to the cost of the replacement trees. The state would then determine where to plant the trees, somewhere in the metro area. Mayor Mertensotto asked Mr. Streeter to ask the state forester to plant the replacement trees at the shopping center if at all possible. Councilmember Koch moved to approve a tree to effect and implement the tree removal project authorized by Mn/DOT permit relative to the restoration of part of the drainage creek to the northeast of the shopping center. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 DODD ROAD TRAIL Council acknowledged a memo from Parks Project Manager Kullander regarding Dodd Road pedestrian and bicycle trail safety improvements. Mr. Kullander reviewed the proposed project. Responding to a Council question regarding the possibility of a pedestrian activated stop light at South Plaza Drive, he stated that staff will request Mn/DOT to analyze and make a determination on what is appropriate. He explained that he is hoping to address traffic control and safety concerns with Mn/DOT, and if traffic control is not approved he will address moving the crossing to Mendakota Drive. Councilmember Smith asked if it would be better to move the pedway to the east side of Dodd if South Plaza cannot be signalized. Mr. Kullander responded that it is a possibility but there are residences and businesses on the east side and there is a potential problem of vehicles parking on the trail. Councilmember Smith moved adoption of Resolution No. 95 -64, "A RESOLUTION AUTHORIZING PARTICIPATION WITH MN /DOT IN A COOPERATIVE AGREEMENT TO UPGRADE DODD ROAD (TH 149) WITH TRAIL IMPROVEMENTS," and to direct staff to prepare the necessary documents for submission to Page No. 7 November 21, 1995 Mn/DOT for funding assistance under the Cooperative Construction Agreement Program. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 AIRPORT RELATIONS Council acknowledged a memo from Administrator Lawell COMMISSION regarding applications received from Mr. John McClung and Mr. George Warner for appointment to the Airport Relations Commission. After discussion, Councilmember Smith moved to schedule applicant interviews for 7:00 p.m. on December 5, 1995. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto expressed Council's appreciation to Administrator Lawell for his six years of service as City Administrator. RECESS Council recessed to closed session for discussion of two litigation matters. The meeting was reconvened at 10:45 p.m. MINNESOTA POLICE Council member Koch moved adoption of Resolution No. 95 -65, RECRUITMENT SYSTEM "RESOLUTION WITHDRAWING FROM MPRS FOR 1996." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned to November 29 for Council's workshop with the Fire Department on equipment needs. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:00 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor athleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL Asphalt- Contractor License Bituminous Consulting Masonry Contractor License Melek Masonry Viking Fireplace Excavating Contractor License Imperial Developers, Inc. Westonka Sewer'& Water general, Contractor License All Poolside Services, Inc. Wayne Havican Carpentry WMC Contractor - License Groff's Heating & Air-Conditioning Inc.