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1992-10-06 Council minutesPage No. 3417 October 6, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 6, 1992 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 Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Code Enforcement monthly report for September. b. Adoption of Ordinance No. 287, "AN ORDINANCE PROHIBITING PARKING ON HIGHWAY 13 IN MENDOTA HEIGHTS." c. Approval for Russell Wahl to conduct the annual Halloween Bonfire and authorization for a city contribution of $350 for the event. d. Acknowledgment of the minutes of the September 22nd Planning Commission meeting. e. Approval of the appointment of Michelle Morgan to the part -time Recreation Programmer position, effective on October 12, 1992 at an annual salary of $10,158. f. Authorization for the Mayor to execute the Government Access Grant Production Completion Agreement. Page No. 3418 October 6, 1992 g. Approval of easement and maintenance agreements for the Lennox storm sewer pond and the Solvay storm sewer pond along with authorization of payment of $60,000 to United Properties for the Solvay pond easement costs. h. Approval of the Water Resources Management Plan dated September, 1992 and prepared by Barr Engineering. i. Approval of the list of contractor licenses dated October 6, 1992 and attached hereto. j. Approval of the list of claims dated and totalling $211,656.61. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92 -29, Mr. Roger Riley, representing R &R Construction R & R CONSTRUCTION was present to request approval of a wetlands permit to allow removal and replacement of a deteriorating deck at 669 Laura Court, 36 feet from Ivy Creek. He explained that the existing deck will be reconstructed without any change in location, etc. Councilmember Smith moved to approve the issuance of a wetlands permit to allow reconstruction of the existing deck at 669 Laura Court to within 36 feet of Ivy Creek. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92 -28, Mr. Tom Andrews was present to request ROYAL REDEEMER approval of a fence height variance to allow construction of a 48 inch high fence within the front yard setback at the Royal Redeemer Lutheran Church, 20 feet from the front property line. Mayor Mertensotto noted that the fence would be 8 feet from Victoria Road and that the Planning Commission unanimously recommended approval subject to conditions. Councilmember Blesener asked the location of the proposed fence in relation to the city's pedway. Public Works Director Danielson Page No. 3419 October 6, 1992 responded that the pedway is within the right- of-way, 8 feet off of the blacktop. Councilmember Blesener felt that the fence would better if it were square rather than running diagonally to parallel Victoria Road as had been recommended by the Planning Commission. After discussion, Councilmember Cummins moved to approve a variance to allow installation of a 48 inch high fence on the Royal Redeemer Lutheran Church property, 20 feet from the property line, conditioned upon landscaping of the fence perimeter and that the donated, used fence be painted black to improve its appearance. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-23, Mr. Ken Scheel, representing Tharaldson THARALDSON Development Company, was present to request approval of a conditional use permit for a hotel in the industrial district, a sign setback variance in accordance with the United Properties Mendota Heights Business Park sign policy, a parking variance - proof of parking agreement, and subdivision. The planning actions are requested in order to allow construction of a private motel development (Heritage Inn) for Northwest Airlines on Lot 3 of the Mendota Heights Business Park. Council acknowledged receipt of a memo from Administrative Assistant Batchelder, a report from the City Planner, a letter from Tharaldson Development dated September 28, 1992 in response to Planning Commission and Fire Marshall requirements and other details, and a letter from Lightowler Johnson Associates regarding storm water run-off calculations. Mr. Scheel reviewed a sketch of a typical Heritage Inn, commenting that the proposed building will be slightly different and will have more windows. He asked for a variance from the number of parking stalls required, informing Council that the facility will be limited to use by Northwest Airlines. Site Plan 1A, which is requested for approval, includes a proof of parking plan, and Tharaldson Development has submitted a Letter of Intent agreeing to install additional Page No. 3420 October 6, 1992 parking before the facility is made available to the public in the future. Mayor Mertensotto noted that the building is proposed to be 3 floors, 15,084 square feet, and 114 units. Mr. Scheel stated that the units are downsized, and the fire department turn around is an entry drive to the future parking area. Public Works Director Danielson answered Council questions regarding storm water management and retention. Councilmember Blesener asked how the retention pond will be drained. Mr. Scheel responded that there will be a 4" outlet to a 12 inch storm pipe under the parking lot, and once the pond is filled water will flow to the south. The worse condition which could occur would be that it would take five hours to drain the pond. The pond will retain water only from the hotel property and not from adjacent properties. Councilmember Smith was concerned about the proposed turn radius of the turn - around at the front entrance, and asked if it can be increased to 35 feet. Mr. Scheel responded that 35 feet cannot be accommodated without a setback variance. Councilmember Smith stated that truck traffic should be discouraged from using the turn - around. Councilmember Blesener cautioned Mr. Scheel to be sure that the colors and textures of the building exterior, and landscaping, blend in with other development in the park. With respect to timing of the project, Mr. Scheel stated that he hopes to commence construction within a month. The Council expressed concern over the lack of a plan showing the actual exterior of the proposed building. Mr. Scheel responded that the picture presented this evening shows the standard trim used on Heritage Inns, that the exterior will be stone with two shades of stucco. He requested that Council approve the application Page No. 3421 October 6, 1992 subject to submission of revised plan showing the actual building exterior. Councilmember Blesener moved adoption of Resolution No. 92 -64, "A RESOLUTION APPROVING A SITE PLAN, A SUBDIVISION, VARIANCES AND A CONDITIONAL USE PERMIT ALLOWING A 114 UNIT HERITAGE INN IN THE "I" INDUSTRIAL ZONING DISTRICT," on the condition that elevation drawings be prepared and submitted for City staff approval, said drawings to accurately represent exterior materials, trim and colors displayed and presented at the October 6, 1992 City Council meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 BLOODBORNE PATHOGENS Council acknowledged a report from Police Chief Delmont along with a proposed Bloodborne Pathogen Exposure Control Plan. Chief Delmont was present for the discussion. Chief Delmont informed Council that money is available in the budget to provide Hepatitis B vaccinations for Police Officers and Volunteer Firefighters, at a cost of $120 per person. Councilmember Koch asked what on -going administration of the plan will be for the public safety departments. Chief Delmont responded that the only cost for administration will be replacement of in -house equipment such as gowns, masks, etc., and that extensive record keeping will be necessary. He felt that the proposed plan provides an excellent program with common sense safeguards. Councilmember Cummins moved to adopt the "Bloodborne Pathogen Exposure Control Plan and to provide sufficient funding for the voluntary vaccination of any or all police officers and firefighters desiring Hepatitis B vaccination. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS At the request of Councilmember Cummins, Public Works Director Danielson summarized discussions held at the storm water drainage financing workshop which preceded this evening's Council meeting. He reviewed the Page No. 3422 October 6, 1992 funding options, which include use of TIF, storm water utility and assessments. He explained that about 30 homeowners would be assessed. Treasurer Shaughnessy stated that continuation of the tax levy initiated to fund part of the original Ivy Falls Creek project several years ago would finance part of the storm water improvement costs for the Ivy Falls Creek improvements ($1 million) and other needed projects ($400,000 to $500,000). Councilmember Cummins noted that the Council agrees with the initiation of a storm water utility but disagrees over details of other financing - TIF, taxing, and whether to assess 100 or 15% of the Ivy Falls Creek project. He felt that use of TIF is inappropriate because no increment will be generated, that costs proposed to be funded by TIF should be covered by the storm water utility, and that benefitting properties should be assessed. Councilmember Blesener agreed that TIF is not appropriate. She felt that 15% of the project cost should be assessed because they will be benefitting from the project. Administrator Lawell stated that staff recommends conducting an assessment hearing in advance of the project construction and that it is necessary to determent the percent of project costs to assess. Engineer Klayton Eckles stated that Council will be given an updated feasibility report and proposed assessment roll on October 20th along with a recommendation that the feasiblility /assessment hearing and a hearing on initiation of a storm water utility be conducted in November. He stated that the estimated project costs are 10% lower than the original estimate, so some savings will be realized. It was the proposal that the feasibility update should envision assessing 15% of the project. Councilmember Cummins moved adoption of Resolution No. 92 -66, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL FOR IVY FALLS Ayes: 5 Nays: 0 Page No. 3423 October 6, 1992 CREEK STORM IMPROVEMENTS (IMPROVEMENT NO. 91, PROJECT NO. 6).11 Councilmember Blesener seconded the motion. Councilmember Smith was excused at 8:15 P.M. NDC-4 FACILITY Council acknowledged a memo from Administrator Lawell regarding the proposed NDC-4 facility purchase. NDC-4 Chair John Lagoo was present to request Council adoption of a resolution consenting to the NDC-4/NDCC-TV facility purchase. . Commission Attorney Mike Sokol stated that the commission is not asking the city to become obligated, and that facility acquisition will be solely financed through designated NDC-4 funds. He informed Council that Sunfish Lake has recently unanimously approved the request. Mayor Mertensotto stated that the procedural method is under question. Councilmember Cummins stated that the city has received a copy of a memorandum from West St. Paul City Attorney Arnold Kempe to the West St. Paul Council regarding the scope and extent of NDC-4 powers, and a copy of a letter from Mr. Kempe to Mr. Sokol informing him of West St. Paul's intent to request an Attorney General's opinion on the matter. City Attorney Tom Hart stated that he has not had an opportunity to review Mr. Kempe's memo but does not see significant risk to the city other than the financial role, and that it is not likely that the city will incur any liability by adopting the proposed resolution. Mr. Sokol informed Council that as of the past Friday, Mr. Kempe had not requested an Attorney General's opinion. He also stated that no franchise fees are being pledged. It was the consensus of Council NDC-4 needs a new facility. Councilmember Blesener moved adoption of Resolution No. 92-66A, "RESOLUTION CONSENTING TO THE PURCHASE OF AN OFFICE/STUDIO FACILITY FOR THE NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION AND THE NORTHERN Page No. 3424 October 6, 1992 DAKOTA COUNTY COMMUNITY TELEVISION CORPORATION." Councilmember Koch seconded thqi.};;ftotion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Blesener informed Council she will not be able to attend the October 20th meeting. Assistant Fire Chief John Neska informed Council on details of the October loth Fire Prevention Day activities and the October 16th Firemen's Ball. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. 'Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:15 o'clock P.M. ATTEST: -te aw Charles E. Mertensotto Mayor kathleen M. Swanson City Clerk