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.