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1989-11-21 Council minutesPage No. 2642 November 21, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 21, 1989 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 Anderson, Blesener, Cummins, and Hartmann. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Councilmember Blesener minutes of the October correction. Councilmember Hartmann moved approval of the 17th meeting with seconded the motion. Councilmember Hartmann moved approval of the minutes of the November 7th meeting. Councilmember Anderson seconded the motion. 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 November 14th Park and Recreation Commission meeting. b. Adoption of Resolution No. 89 -124, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 87, PROJECT NO. 5." c. Adoption of Resolution NO. 89 -125, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 89, PROJECT NO. 2." Page No. 2643 November ?11989 d. Acknowledgement of a memo regarding purchase of a copier. e. Approval of the list of contractor licenses dated November 21, 1989 and attached hereto. f. Approval of the list of claims dated November 21, 1989 and totalling $345,677.44. g. Acknowledgement of a letter of appreciation from Mr. and Mrs. Art Miller for the City's efforts in raising the water pressure to their home. h. Acknowledgment of a letter from the Regional Transit Board and appointment of Acting City Administrator Danielson as the RTB contact person. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 SALE OF CITY ACQUIRED Council acknowledged and discussed a memo HOME from Engineer Klayton Eckles recommending the sale of the City acquired home located at 2143 Highway 55 to Tom Doroff for $200. Engineer Eckles also recommended that Council rescind the salvage rights to this property. Mr. Bill Nelson, who had been granted salvage rights at the November 7th meeting, was present for the discussion. Mr. Nelson took exception to a statement in the memo which indicated that he is unhappy with the idea of the City selling a home he intended to salvage. He stated that his concern is that items that could be salvaged might end up in a landfill, and that he felt that he had the right to salvageable items after the last Council meeting. Mayor Mertensotto pointed out that Council's salvage approval was subject to execution of a memo of understanding. Mr. Nelson responded that he does not feel it is fair to him for Council to rescind the salvage approval. With respect to a comment in the report that the salvage agreement could create the potential for unauthorized Ayes: 5 Nays: 0 DUFFY DEVELOPMENT Page No. 2644 November 21 , 1989 salvage, he informed Council that the comment is probably related to the fact that he has notified the Police Department that some steps and an air conditioner were removed from one of the homes after it was sold to the City. Mayor Mertensotto informed Mr. Nelson that if there are incorrect statements made in the report Council apologizes, however the City must get the maximum potential income from the properties. Councilmember Blesener pointed out that staff's recommendation is to rescind salvage rights to all of the unsold properties. Engineer Eckles responded that staff is concerned about liability issues that may require more than a staff prepared memo. City Attorney Hart stated that his firm has prepared the agreements with respect to the houses which have been sold and that he and Engineer Eckles can prepare an agreement relative to salvaging. Council directed that staff work out the details on an agreement for salvaging from the two remaining City-owned structures. Mr. Nelson stated that he would like to decrease his bid because of the items which have been taken from the structures. It was the position of Council that the bid was only $10 per house and a decrease would not be considered. Councilmember Cummins moved to amend Resolution No. 89-123, "RESOLUTION ACCEPTING BIDS AND AWARDING SALE OF HOMES," to include the sale of the house at 2143 Highway 55 to Tom Doroff for his bid of $200, and further, to rescind Council's action of November 7th allowing the salvage of 2143 Highway 55. Councilmember Hartmann seconded the motion. Council acknowledged a report from Acting Administrator Danielson regarding a proposed resolution to approve the preliminary plat Page No. 2645 November 21, 1989 and PUD for the Lexington Plaza Business Development. Mayor Mertensotto pointed out that the conditions listed in the proposed resolution do not include a requirement for a covenant from Mr. Curley with respect to the existing wall. Mr. Danielson responded that the issue is proposed to be addressed in the developer's agreement. Attorney Hart informed Council that he has submitted a copy of the proposed agreement to Mr. Duffy but has not yet received a response. He stated that he does not anticipate and difficulty with respect to the agreement and suggested that Council make the proposed resolution subject to execution of an acceptable developer's agreement. Mayor Mertensotto stated that withoutthe condition about the covenant in the resolution he can see the issue getting lost. He felt there should be some reference incorporated into the resolution. He also suggested that there should be area limitations on the permitted uses. Further discussion was continued to such time in the agenda when the applicant is present. Council acknowledged a report from Engineer Eckles regarding bids received for preparation of the state mandated local watershed plan. After brief discussion, Councilmember Blesener moved adoption of Resolution No. 89- 126, "RESOLUTION ACCEPTING PROPOSALS AND AWARDING PREPARATION OF A LOCAL WATERSHED PLAN," awarding the contract to the Dakota County Soil and Water Conservation District for its low bid of $32,120, which includes $26,048 of SWCD work and $6,272 of City staff work. Councilmember Anderson seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from William Strub for the vacation of a portion of City street right-of-lying adjacent to Lot 5, Block 3, Somerset No. 2. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 DUFFY DEVELOPMENT Page No. 2646 November 21, 1989 It was noted that street in front of the property was originally a cul-de-sac and a large circle of right-of-way was necessary. Sutton Lane has been extended and no longer ends in a cul-de-sac, therefore there is excess right-of-way. Mr. Strub, present for the discussion, stated that he would like to purchase the property and that the adjoining property owners have joined him in the petition for vacation. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 8:04 P.M. Councilmember Hartmann seconded the motion. Mayor Mertensotto pointed out that the proposed resolution for vacation includes a requirement that all adjoining property owners dedicate a ten foot drainage and utility easement to the City. Mr. Strub stated that he is in agreement with the condition. Councilmember Anderson moved adoption of Resolution No. 89-127, "RESOLUTION APPROVING VACATION OF A STREET RIGHT-OF-WAY," subject to the granting to the City of easements as described by the City Engineering Department and completion of a certificate of survey showing the location of the 10 foot easement along the east right-of-way line. Councilmember Blesener seconded the motion. Mr. John Duffy was present with respect to his request for approval of the preliminary plat and PUD for the Lexington Plaza development. Mayor Mertensotto informed Mr. Duffy that the proposed resolution contains ten conditions, but none specific to the restriction with respect to a covenant against removal of the existing wall. He stated that he would like to see item 1 include language regarding the Page No. 2647 November 21, 1989 covenant. He also stated that the resolution does not address limitations on space. He asked whether such limitations could be the basis of a percentage of overall square footage. Mr. Duffy agreed with a percentage of space limitation and informed Council that the furniture store will occupy 7,000 square feet of the total 25,000 square feet, and that the furniture store could be expanded to 10,000 square feet. He also informed Council that the minor auto repair facility will occupy 2,000 square feet and the bank 2,000 square feet. Councilmember Blesener suggested that the furniture store be limited to no more than 50% of the net floor area and all other limited uses be restricted to no more than 10 %. Mr. Duffy responded that the convenience store will occupy 3,000 square feet. It was Council consensus that the convenience store be not more than 15% of the net floor area, the furniture store no more than 50 %, the minor auto repair, no more than 10% and the drive -in bank no more than 10% of the net floor area. Councilmember Blesener suggested that Mr. Duffy give staff a list of relative sizes for each of the uses proposed for the center and that the list be available to Council at the next meeting. She also asked staff for clarification on item 6 of the resolution, rezoning of the Ethan Allen site. Acting Administrator Danielson responded that the City is asking the developers to proceed with an application to rezone the site to B -2 so that the zoning for the total Curley property is zoned the same. The developers would then need to ask the City to grant a use variance for the Ethan Allen store. Councilmember Blesener asked whether Council can amend the resolution if it has overlooked any conditions which have already been discussed. She stated that there have been so many details discussed over the period of time that the development has been discussed Page No. 2648 November 21, 1989 that she is concerned something may have been overlooked. Attorney Hart responded that it would be difficult to go back and change the restrictions of a PUD /CUP once it is approved. To the extent that Council recalls any conditions which are not included in the resolution, those items can be incorporated into the developers agreement. Item 8 was revised to delete the language that all other developer proposals are deemed suitable uses within the B -2 district, etc. Item 10 was revised to include final review by Planner Dahlgren. Councilmember Cummins moved adoption of Resolution No. 89 -128, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT TO ALLOW DUFFY DEVELOPMENT COMPANY TO CONSTRUCT LEXINGTON PLAZA BUSINESS DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF LEXINGTON AVENUE AND TRUNK HIGHWAY 110," subject to the amendments agreed upon by Council this evening, and to authorize staff to hire a surveyor to locate the frontage road, all costs of which are to be funded by the T.I.F. and deducted from the $450,000 tax increment cap on the project. Councilmember Blesener seconded the motion. Mr. Duffy stated that he has seen something far more important than this development; he has seen the neighborhood get together and the Council address concerns of the residents, keeping the interests of the property owners in mind. He stated that the democratic process is in place in Mendota Heights. Mr. Harry Wise asked that the height of the wall behind Ethan Allen be addressed. He stated that there was an agreement over the wall in 1967 that is being ignored - the barrier that was built then is going away now, and he is concerned that what is going to be installed will be totally inadequate. Council informed him of its discussions over the proposed three year moratorium on the residential lots and a restriction against BIKE TRAIL PLANS Ayes: 5 Nays: 0 FRIENDLY HILLS PARK STORM SEWER Ayes: 5 Nays: 0 GARRON SITE Page No. 2649 November 21 , 1989 early removal of the existing screening has been included in the resolution. Council acknowledged and discussed a memo from Administrative Assistant Batchelder informing Council with respect to bike trails and informing Council of the Park and Recreation Commission's recommendation that Council authorize preparation of plans and specifications for eleven segments of trails. Councilmember Blesener moved to direct staff to prepare plans and specifications for the following trail segments: Valley Park, Marie to Highway 13; Valley Park, Marie to Highway 110; Highway 110, Crown Point to Dodd Road; Marie Avenue, I-35E to Dodd Road; Marie Avenue, Dodd to Delaware; Highway 149 R.O.W., Dodd Road/Highway 110 to Decorah; Delaware Avenue, Highway 110 to Huber Drive; Victoria Avenue, Lexington to Marie; Wachtler/Wentworth, Emerson to Dodd; Laura Court, extended to Somerset School trail; trails in the Rogers Lake, Ivy, Marie, Wentworth, Victoria Highlands and Friendly Hills neighborhood parks. Councilmember Anderson seconded the motion. Council acknowledged a report from Adminstra- tive Assistant Batchelder regarding a recommendation from the Park and Recreation Commission that the existing drainage way/ditch to the pond in the Friendly Hills Park be replaced with a storm sewer pipe. Councilmember Cummins moved to authorize staff to prepare plans and specifications for the Friendly Hills Park storm sewer improvement. Councilmember Blesener seconded the motion. Council acknowledged a memo from Engineer Eckles recommending that staff be directed to update the feasibility report for the Garron Site, located north of Acacia Drive and west of Highway 55. Mayor Mertensotto asked whether an engineering escrow has been submitted. Treasurer Shaughnessy responded that an Page No. 2650 November 21, 1989 escrow had been submitted for the original study and that the update will require very minimal work, consequently staff has not asked for additional escrow money. Councilmember Hartmann moved adoption of Resolution No. 89 -129, "RESOLUTION ACCEPTING PETITION AND ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR THE GOULD PROPERTY (GARRON) (IMPROVEMENT NO. 84, PROJECT NO. 2). ” Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 ZONING RECODIFICATION Council acknowledged a report from the City Clerk regarding the status of the Zoning Ordinance recodification and amendment project. MEETING SCHEDULE HUEBNER PROPERTY Mayor Mertensotto felt that the draft document should be reviewed separately by the Planning Commission and Council. Councilmember Blesener felt that since the process has taken several years, she would like to have a joint workshop. Councilmember Cummins stated that a joint workshop would be worthwhile, and pointed out that there has been a 50 to 75% change in the Planning Commission since the recodification process first started. Staff was directed to submit draft copies of the document to Council after the City Planner, City Attorney and staff have met and made any necessary adjustments in the document. Council acknowledged a memo from Assistant Batchelder regarding a closed session workshop for City Administrator recruitment. Mayor Mertensotto informed the audience that this evening's meeting will be adjourned to 7:00 P.M. on November 29th for interview of applicants for Commission appointment followed by a 7:30 P.M. closed session for discussion of City Administrator recruitment. Council acknowledged a report from Treasurer Shaughnessy regarding the purchase of the Hollis Huebner property at 1305 Kendon Lane. Attorney Hart stated that the City should be in a position to close on the home in 2 or 3 Ayes: 5 Nays: 0 LILYDALE AGREEMENT Ayes: 5 Nays: 0 COPIER PURCHASE COUNCIL COMMENTS Page No. 2651 November 21, 1989 weeks. He stated that the Huebners had indicated they may need to lease property back for a period of time, but that the lease back period will be shortened significantly because they have purchased a home. Councilmmember Hartmann moved to authorize execution of a purchase agreement with Mr. & Mrs. Hollis Huebner subject to a closing date being specified in the agreement and confirmation by the Dakota County Health Department on the condition of the on-site water and sewer systems. Councilmember Anderson seconded the motion. Council acknowledged and discussed a memo from Treasurer Shaughnessy recommending that Council authorize a mutual service agreement to allow staff to provide Gopher State One Call responses on behalf of the City of Lilydale. Public Works Director Danielson informed Council that the only utility affected is sewer. It was the consensus of Council that the agreement should require that Lilydale provide a waiver of liability. Councilmember Blesener moved adoption of Resolution No. 89-130, "GOPHER STATE ONE CALL MUTUAL SERVICE AGREEMENT, CITIES OF MENDOTA HEIGHTS AND LILYDALE," subject to inclusion of a clause requiring a Lilydale disclaimer with respect to liability to Mendota Heights. Councilmember Cummins seconded the motion. Council acknowledged and briefly discussed a memo from the City Clerk regarding the purchase of a copier. Staff was directed to seek additional quotes and submit a recommendation at the next Council meeting. Councilmember Blesener gave Council an update on negotiations with the school district with respect to park issues. She also informed Council that she will be unable to attend the December 19th regular meeting. MEETING SCHEDULE ADJOURNMENT Ayes: 5 Nays: 0 Page No. 2652 November 21 , 1989 Acting Administrator Danielson reminded Council and the audience that the next regular meeting has been scheduled for Wednesday, December 6th. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to 7:00 P.M. for a Commission candidate interview session to be followed at 7:30 P.M. by a closed session workshop on City Administrator recruitment. Councilmember Cummins seconded the motion. TIME OF ADJOURNMENT: 9:05 o'clock P.M. thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON NOVEMBER 21, 1989 Excavating License Ostertag Cement Gas Piping License Paragon Heating & Air Conditioning General Contractors Licenses Automatic Garage Door Co. B.A. John Construction Northern Classic Homes, Inc. Professional Painting & Finishing By Dan S.E. Hanson, Inc. Thomas McGowan Construction, Inc.