Loading...
1994-01-04 Council minutesPage No. 3879 January 4, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 4, 1994 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 and Smith. Councilmembers Koch and Krebsbach had notified the Council that they would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the December 21, 1993 regular meeting with correction. Councilmember Huber seconded the motion. Ayes: 3 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 December 28, 1993 Planning Commission meeting. b. Adoption of Resolution No. 94 -01, "RESOLUTION ESTABLISHING 1994 CITY DEPOSITORIES OF FUNDS." c. Adoption of Resolution No. 94 -02, "RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 1994." d. Approval of an increase in the mileage reimbursement rate to 29 cents per mile. e. Acknowledgment of receipt of the minutes of the December 14, 1993 MSP Technical Page No. 3880 January 4, 1994 Committee meeting on the Dual Track Airport Planning Process. f. Acceptance of a $2,500 donation from Divine Redeemer Hospital/HealthEast to be used towards the purchase of furniture for the fire station and acceptance of two $100 donations from Dr. Tom Koepke for use in support of fire and police department general operations. g. Acknowledgment of the Code Enforcement monthly report for December. h. Approval of the list of contractor licenses dated January 4, 1994 and attached hereto. i. Approval of the list of claims dated January 4, 1994 and totaling $354,907.45. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 LANDFILL ABATEMENT Council acknowledged a memo from Administrative Assistant Batchelder regarding a proposed amendment to the landfill abatement agreement with Dakota County. Assistant Batchelder explained that the proposed amendment to the 1992 joint agreement represents changes.that will take place for 1994, including the amount of funding and increased percentage in the required residential waste abatement. He summarized the city's 1994 work plan and informed Council that while it appears that there will be funding in 1995, it is likely that the city will be expected to bear a greater share of the cost. Councilmember Smith moved to authorize execution of a Second Amendment to the 1992 Joint Powers Agreement between Dakota County and the city for landfill abatement funds in 1994. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 ACTING MAYOR Mayor Mertensotto moved to appoint Councilmember Smith to serve as Acting Mayor Page No. 3881 January 4, 1994 Responding to a question from Mayor Mertensotto, Mr. Enright stated that the Review is distributed throughout the entire community every week-end and that copies are also available at stands at 100 locations in the county. With respect to the difference in rates for legal publication between the Sun and the Review, Mr. Enright stated that the Review is bidding, just like any other contractor. Councilmember Huber moved to appoint the South-West Review as the official City Newspaper for 1994 because of its past coverage of the city, attendance by the Review report at Council meetings and the lowest publication rate of the two bidders. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CASE NO. 93-29, STARY Mr. & Mrs. Frank Stary were present to request approval of a six foot front yard setback variance to allow construction of a detached one-car garage at 983 Diego Lane. Mayor Mertensotto informed the audience that the Starys would like to convert their existing attached garage into living quarters and add a single car garage. He stated that because of the configuration of the lot and the existing setback of the house from the street, the proposed garage would not be noticeable. He asked Mr. Stary about the during any absences of the Mayor in 1994. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 HEALTH OFFICER Councilmember Smith moved to reappoint Dr. Thaddeus Chao as Health Officer for 1994. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 OFFICIAL NEWSPAPER Council acknowledged letters from the publishers of the South-West Review and Sun Current requesting designation as the city's official newspaper for 1994, along with an associated memo from the City Clerk. South- West Review representative Jeff Enright and reporter Lori Sater were present for the discussion. Responding to a question from Mayor Mertensotto, Mr. Enright stated that the Review is distributed throughout the entire community every week-end and that copies are also available at stands at 100 locations in the county. With respect to the difference in rates for legal publication between the Sun and the Review, Mr. Enright stated that the Review is bidding, just like any other contractor. Councilmember Huber moved to appoint the South-West Review as the official City Newspaper for 1994 because of its past coverage of the city, attendance by the Review report at Council meetings and the lowest publication rate of the two bidders. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CASE NO. 93-29, STARY Mr. & Mrs. Frank Stary were present to request approval of a six foot front yard setback variance to allow construction of a detached one-car garage at 983 Diego Lane. Mayor Mertensotto informed the audience that the Starys would like to convert their existing attached garage into living quarters and add a single car garage. He stated that because of the configuration of the lot and the existing setback of the house from the street, the proposed garage would not be noticeable. He asked Mr. Stary about the Page No. 3882 January 4, 1994 building materials and why he proposes only a single car garage. Mr. Stary responded that the size proposed is the maximum size that can be built on the lot and stated that the exterior of the garage will match the house. Councilmember Smith stated that she feels it is appropriate to grant a one-car garage and the setback variance because the right-of-way is so great in the area and there is little chance of a change in the future. Councilmember Smith moved to approve a six foot side setback variance to allow construction of a single car garage at 983 Diego Lane as proposed. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 CASE NO. 93-30, EFH Mr. Gene Happe, from EFH Companies, was present to request approval of a 50 foot front yard setback variance to allow construction of a building for the Red Cross on Lots 2 and 3, Block 2, Northland Plaza Addition, fifty feet from the right-of-way for T.H. 55, along with a parking lot setback variance and proof of parking variance. Mr. Happe gave a history of the proposed project, explaining that five contractors bidding on the project were required to find a site no more than 10 miles from the airport. He stated that he looked at several sites in Eagan, Mendota Heights and Apple Valley, and that the Red Cross representatives selected the Northland Plaza site. He informed Council that he had looked at the lot next to the Turner's Gymnasium site and also Lot 1 of the Northland Plaza Addition, but neither site was large enough. Mr. Happe explained that a variance is requested because the city's Zoning ordinance requires a 100 foot setback from a major highway, and the site is adjacent to Highway 55. He informed Council that in order to build the type of building that the Red Cross needs, 120 by 205 feet, a 50 foot front yard setback variance is needed. Mr. Happe stated that the two lots have been certified to the state as tax forfeit and can be redeemed by Page No. 3883 January 4, 1994 February - the back taxes and assessments total $70,000. Mayor Mertensotto stated that he appreciates the concern that the City would pick up five years of back taxes and assessments, but noted that since the Red Cross is exempt there would be no further real estate tax paid on the lots if the structure is built. He expressed concern over land use for the site, explaining that when the property was zoned B-3, its intended use was as a service site for the industrial park. He stated that if the application is approved, Council would be essentially changing the development concept for this part of the T.H. 55 corridor and would set a precedent for setbacks along the corridor. He stated that he would like to have the Red Cross facility in Mendota Heights but would prefer to help them find a different site in the city. Mr. Happe showed aerial photos, and stated that the subject property and the Airliner Motel are the only two sites on the T.H. 55 corridor which have a 100 foot setback and felt that it makes no sense that only those sites maintain the setback. He also pointed out that on the two lots Red Cross is looking at, the building design is long and narrow and that because of a necessary gas line setback, Lot 3 is unbuildable on its own. Mayor Mertensotto responded that the easement area on Lot 3 could be blacktopped and used for parking. He stated that he believes the land was zoned B-3 so that it could be a service area and that it bothers him that in the haste for this project council might be getting involved in granting a variance where a service use should go. He did not feel that Council should bind itself to less than a 100 foot setback in the B-3 area because of the precedent which would be set and that hopefully, an eating facility, bank or service station would locate on B-3 zoned property. Assistant Batchelder reviewed drawings of existing land uses in the T.H. 55 corridor and the zoning in the corridor. He then gave the platting and rezoning of the site. He explained that the property was zoned to B-3 with the idea of providing business support for the area, including motor fuel and two Page No. 3884 January 4, 1994 restaurants. He stated that a hotel had been originally planned by the developer for the lot across from the subject property. Mr. Happe responded that the Red Cross is under a federal mandate to have a building in operation by September 1 and there are very few sites in Eagan and Mendota Heights that can be built on - he explained that all vacant lots in Eagan are platted as outlots and the platting process takes three to four months. He informed Council that in order to meet the mandate, a building shell must be up no later than March 15. He stated that removal of about 30 feet of uncontrolled fill on the lots to the south would be very costly. He felt that the practical use of the Northland Plaza lots being considered is not very good and that the Red Cross use fits the zoning. He felt that since the lots can be used for little else, a variance is justifiable. Mayor Mertensotto responded that Council should take a comprehensive view of what the property could be used for. He noted that one of the Planning Commission members felt that approving the application would be much like rezoning the property. He explained that the basic reason for the 100 foot setback is to allow flexibility, and stated that once properties are stacked close to the right -of- way, the potential for transportation changes, such as additional turn lanes, etc. are lost. He pointed out the access problems at the Fischer gas station and old fire station caused by their proximity to the right -of -way. Mayor Mertensotto stated that while he is sympathetic to the Red Cross, Council cannot make a snap judgment when the property has been planned as a service use for many years. He further stated that because of the extra height that Red Cross needs for the building, it is very much like an industrial building. Mr. Happe responded that the proposed building would be 18 feet tall with a four foot high parapet to screen roof -top units. He stated that he feels the use fits the zoning. Mr. Doug Carney, representing the owner of the land, stated that he understands Council's concerns over setting a precedent, but suggested that Council first look at the Page No. 3885 January 4, 1994 building as a permitted use and then look at the setback. He explained that there is an elevation difference from the road bed and limited access from the freeway, which eliminates the concern over creating safety problems. He did not think that the requested fifty foot setback would affect aesthetics. He stated that there are many cases of 50 foot setbacks along the highway now which will affect the flexibility of changes for the highway in the future, and felt that if Mn/DOT makes any change in the future, the most likely would be to move the highway in the other direction. He felt that the structure would be handsome, and an asset to the corridor. He stated that if Council waits for the ideal service use, it could end up with a much less attractive package than what is being requested. With respect to precedent, he stated that he agrees with a 100 foot setback for the property to the north of the site and will not come back asking for a fifty foot setback on that property. He felt that since the Red Cross site has controlled access to the highway, a fifty foot setback would not impact traffic. He also felt that development of the lots by the Red Cross would make the other B-3 sites more desirable for service uses. Mayor Mertensotto asked about the exterior treatment for the building. Mr. Happe responded that the appearance of the building will be the same as the Batesville structure and that there will be no loading dock. The garage door that was originally proposed for the south side has been moved to the east end. Mayor Mertensotto stated that the Planner had pointed out in his report that 100 feet is a reasonable setback for service-type uses. He stated that the applicant has selected a service site that was set up as part of the industrial park. He pointed out that United Properties held its property in the industrial park for many years before developing it, and never missed property tax or assessment payments. He stated that he would hate to effectively change the site from B-3 to industrial use, further stating that the proposed building does not have the appearance of an office building. He explained that he Page No. 3886 January 4, 1994 believes Council fully understands what the applicants are trying to do but must make a judgement based on future development of the highway corridor. He stated that in his judgment Council should not give up the flexibility that the 100 foot setback provides, but if the applicants could meet the setback he would have no objection. Attorney Hart stated that as the City Planner mentioned in his memo, as a condition to granting a variance, the city must determine that this particular site presents a reasonable hardship for any development. He further stated that Council must find that the hardship is related to the site, and not the specific development proposed for the site. Mayor Mertensotto also referenced the planning report with respect to consistency of maintaining a 100 foot setback. Councilmember Smith stated that when she looks at a change in use, she always tries to look at the long term. She further stated that while there have been instances cited where buildings are currently closer than 100 feet, perhaps some of those uses are temporary and in the long-term future will have a different type of use. She informed the applicants that Council has designated in its goals for the year looking at the entire T.H. 55 corridor to ensure that development takes place with the needs of the community in mind. She felt that the timing of the application is very unfortunate because Council has not yet had a chance to review the entire corridor. She asked about the site adjacent to the Turner's facility and whether the proposed building is a prototype. Mr. Happe responded that the lot south of Turner's is two acres and while he tried everything he could to get the site to work, he could not fit the building on it given setbacks and a gas line easement. He informed Council that there are currently 52 Red Cross testing labs across the country which must be replaced by 11 facilities. He explained that an injunction issued in July gives the Red Cross until September to get four labs operating and the remaining seven must be built by some time in 1995. Page No. 3887 January 4, 1994 Mayor Mertensotto stated that while he would like to be cooperative with the Red Cross, approval of the application would represent a major change. There being no further discussion, Councilmember Smith moved to deny the variance application as relates to the fifty front yard setback with regret. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 Mayor Mertensotto stated that by its action, Council is adopting the precautionary considerations pointed out by the City Planner in his report dated December 28, 1993 with respect to B-3 District setbacks and hardship. MEETING DATE CHANGE Council acknowledged a memo from the City Clerk regarding the need to schedule the March 1st meeting, which is the date of precinct caucuses. It was the consensus to table action to January 18th and to direct staff not to schedule any public hearings for the first meeting in March. 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: 3 Nays: 0 TIME OF ADJOURNMENT: 9:18 o'clock P.M. kAthleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor n; LIST,:-OF C.ONfiRAC'ORS TO BE APPROVED BY CITY COUNCIL January 4, 1994 Asphalt License Asphalt Driveway Co. J W Asphalt Construction:. ::Inc. Concrete License Andretta Brothers Cavanaugh Concrete Co. Concrete Systems Gresser'Concrete Johnny Masonry, Inc. Excavating License Bela.ir Builders Inc. Carl Bolander & Sons Co. Danner Landscaping Dasen Contracting Co., Inc. LeRoux Excavating, Inc. Nova -Frost Inc. McQuillan Bros Plumbing & Heating Co. Rauchwater, Inc. Gas Pipincg License Earl Arneson Jr. Heating & A/C Controlled Air, Inc. DJ's Heating & A/C Inc. Fireplace Specialist Fredrickson Heating & A/C Inc. Hinding Heating & A/C Metro Air Inc. Metropolitan Mechanical Contractors Inc. R.H. Heating & A/C Inc. Riccar Heating & A/C Ron's Mechanical Inc. Sedgwick Heating & A/C Standard Heating & A/C Co. Valley Aire, Inc. Ray N. Welter Heating Co. General Contractors License Advance Construction Company Bremer Construction Inc. Brin Northwestern Glass Co. Centex Homes Century Fence Co. Eau Claire Paint & Glass Fabcon Inc. Independent Fire Protection KMH Erectors Kraus - Anderson Construction Co. Langer Construction Co. McPhillips Bros Roofing Co. Petroleum Maintenance Co. Schreiber & Mullaney J & L Schwieters Construction Inc. Shield Fire Protection Twin City Fireplace Welsh Construction Western Fire Protection HVAC License Allen Mechanical Inc. Earl Arneson Jr. Heating & A/C Controlled Aire, Inc. DJ's Heating & A/C Inc. Flare Heating & A/C Inc. Fredrickson Heating & A/C Hinding Heating & A/C Metro Aire Inc. Metropolitan Mechanical Contractors R.H. Heating & A/C Riccar Heating & A/C Ron's Mechanical Inc. Sedgwick Heating & A/C Snelling Company Standard Heating & A/C Valley Aire, Inc. Ray N. Welter Heating Co. Drywall. License Gene Anderson Drywall Quality Drywall Inc. Russnick Contractors Inc. Superior Drywall Zimmerman Stucco & Plaster Inc. Sign License Lawrence Sign SignArt Suburban Lighting Inc. Rubbish License All -Star Disposal Knutson Services Inc. Krupenny & Sons Disposal Service Inc. Mendota Heights Rubbish Service Inc. Waster Management - Savage Cigarette License D.V.M. Inc.