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1991-03-19 Council minutesPage No. 3005 March 19, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 19, 1991 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 Cummins, Koch and Smith. Councilmember Blesener had notified the Council that she would be late. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting, revised to move item 5i, Mendota Woods advertisement for bids, to the regular agenda. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the February 9, 1991 regular meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Cummins 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 March 12th Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for February. c. Acknowledgment of the Fire Department monthly report for January d. Acknowledgment of the Fire Department monthly report for February. e. Approval for St. Thomas Academy to reserve the Friendly Hills Park and Rogers Lake Park tennis courts from April 1, 1991 Page No. 3006 March 19, 1991 through June 1, 1991, from 3:15 P.M. to 5:15 P.M., Monday through Friday. f. Approval of the purchase of a shotgun and 40 megabyte computer hard drive for the Police Department from funds received for the sale of surplus firearms. g. Approval of the issuance of an on-sale 3.2 malt beverage license to St. Thomas Academy in conjunction with its annual auction on April 19th and 20th, along with waiver of license fee. h. Acknowledgment of information on the League of Minnesota Cities annual conference. i. Acknowledgement of a Glenhill Road update submitted by the City Administrator. j. Approval of the appointment of Tom Lawell as primary representative and Kevin Batchelder as alternate representative to the MSP Land Use Policy Advisory Committee. k. Acknowledgement of a letter from the Metropolitan Council informing Council of that it finds no potential impact on any of the metropolitan system plans with respect to the comprehensive plan amendment for Turner's Gymnastics. 1. Approval of the list of contractor licenses dated March 19, 1991 and attached hereto. m. Approval of the list of claims dated March 19, 1991 and totalling $120,490.09. n. Authorization for the purchase of a Grayco Line Lazer Model 3500 ballfield striper from Creative Colors, Inc., for their low bid of $3,900. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 MENDOTA WOODS Councilmember Cummins moved adoption of Resolution No 91-11, "RESOLUTION AUTHORIZING RE-ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE MENDOTA WOODS AND ADJACENT AREAS Page No. 3007 March 19, 1991 (IMPROVEMENT NO. 89, PROJECT NO. 7),11 bids to be received on May 2, 1991. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Koch MENDAKOTA PARK BIDS Council acknowledged a tabulation of bids received for construction of the Mendakota Park project. Councilmember Cummins moved to award the contract for Mendakota Park improvements to Friedges Landscaping for their low bid of $409,531.69. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 STREET SWEEPING Council acknowledged a tabulation of bids received for 1991 street sweeping. Councilmember Koch moved to award the contract for street sweeping to Knutson Clean Sweep for their low bid of $51.00 per hour. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-05, Council acknowledged a memo from Administra- LINVILL tive Assistant Batchelder and proposed ordinance and resolution language with respect to the Linvill/Faith Church of Glory applications for zoning ordinance amendment and conditional use permit. Mayor Mertensotto informed the audience that a public hearing on the applications had been conducted and closed at the March 5th meeting but that the City Attorney was directed to review the language of the ordinance proposed at that meeting. Attorney Hart had made suggestions as to how an ordinance amendment might be phrased. Mayor Mertensotto stated that in his opinion, the issue is whether Council wishes to permit churches in industrial districts. He felt that amending the ordinance would set a bad precedent. He stated that Council is aware that the Faith Church of Glory leased space in the Dakota Business Plaza in good faith and without prior knowledge with respect to the City's zoning requirements. The church has spent money in taking up occupancy and have moved into the Page No. 3008 March 19, 1991 space. He felt that these are mitigating circumstances and that if Council denies the ordinance amendment, it could consider granting a non-conforming special use status to the church until its lease expires in September of 1992, conditioned that the church meets all building code requirements. Mr. Rollin Crawford, legal counsel for Ralph Linvill/Dakota Business Plaza, stated that he has reviewed the City Attorney's redraft of the proposed ordinance language and has found that it was acceptable except for the provision that limits the total space to 3,000 square feet. Mayor Mertensotto stated that the question is not one of square footage but rather the issue of use - if the church wants to undertake the expense of two bays it is a decision the church must make, as long as all building code requirements for assembly space are met. Mr. Crawford responded that Mr. Linvill's firm does the kind of improvement that is required and that the church has said it will comply. Councilmember Koch moved to deny the application for zoning ordinance amendment to allow churches in industrial districts as conditional uses. Councilmember Smith seconded the motion. Ayes: 3 Nays: 1 Cummins Councilmember Blesener arrived at 8:00 P.M. Councilmember Cummins moved that inconsideration of the fact that the Faith Church of Glory is innocent of any wrong-doing in the leasing of space in the Dakota Business Plaza and has expended funds to improve the space, Council grant to the Faith Church of Glory a non-conforming special use permit for the term of its lease which expires in September, 1992, conditioned upon the Church meeting all building code requirements with respect to church assembly and group occupancy of the leased space. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Blesener Page No. 3009 March 19, 1991 Mr. Crawford informed Council that the applicants will comply with the building code and will not come back before Council for variances from the code. ISO FIRE RATING Council acknowledged memos from the City Administrator, Fire Chief and Assistant Chief recommending that Donald W. Wickstrom be retained to evaluate the City's readiness for its upcoming ISO fire rating inspection. Fire Chief Maczko, present for the discussion, informed Council that he was made aware earlier this evening that Insurance service Organization (ISO) representative Gary Dykstra had informed the Mayor that ISO provides the proposed evaluation services at no charge. Mayor Mertensotto informed Council on his conversation with Mr. Dykstra. Fire Chief Maczko stated that he will contact Mr. Dykstra and asked that Council table action on the matter. PARK NAME CHANGE Council acknowledged a memo from Administrative Assistant Batchelder with respect to a recommendation from the Park Commission that the Mendakota Park name be changed to the Mendota Heights Community Park. It was the consensus of Council that the park should continue to be named Mendakota Park. TEAM BUILDING Council acknowledged a memo from the City Administrator regarding the scheduling of the Council /Commission team building session. Councilmember Blesener moved that the joint Council/Planning commission/Park Commission/staff team building session be conducted at 6:30 P.M. on Wednesday, April 24th. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto gave the Council a status report on meetings of an interactive planning group, formed by the MAC, of which he and Administrator Lawell are members, to identify environmental issues and the potential impact Page No. 3010 March 19, 1991 of all of the options for improving the MSP airport. ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to a closed session to discuss the Centex litigation. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 8:25 o'clock P.M. Vathleen M. Swanson City Clerk aZ,d,, -� Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL March 19, 1991 Masonry License Lindahl & Carlson, Inc. Excavating License Steininger Construction Co., Inc. General Licenses Crist Construction, Inc. Lemke, Paul-Construction, Inc. Nilles Builders, Inc. Viking Construction, Inc.