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1990-03-06 Council minutesPage No. 2742 March 6, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 6, 1990 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. Acting Mayor Hartmann called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Hartmann, Councilmembers Anderson, Blesener, and Cummins. Mayor Mertensotto had notified the Council that he was ill and would not be present. AGENDA ADOPTION Councilmember Anderson moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the February 20th regular meeting. Councilmember Blesener seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Hartmann 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 Code Enforcement monthly report for February. b. Approval of the probationary appointment of Rebecca Trost as Police Department receptionist- clerk /typist, effective on March 8th, at Grade A, Step 1 of the pay matrix. C. Acknowledgment of quotes received for 1990 street sweeping and award of the contract to Knutson Klean Sweep, Inc., for their low bid of $51.00 per hour. d. Acknowledgment of a letter from Mr. & Mrs. Ralph Heussner, 654 First Avenue, 1 requesting speed bumps on First Avenue, along with a recommendation from the Page No. 2743 March 6, 1990 Public Works Director that the request be denied. e. Acknowledgement of the Fire Department monthly report for January. f. Adoption of Resolution No. 90 -08, "RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK OF THE CITY OF MENDOTA HEIGHTS TO EXECUTE THE MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT," to authorize Mn /DOT to act as the City's agent in federally funded projects. g. Acceptance of quotes for a parks mower and award of a purchase order to M.T.I. for a Toro Groundsmaster for their low bid of $48,005. h. Approval of the list of contractors dated March 6, 1990 and attached hereto. i. Approval of the list of claims dated March 6, 1990 and totalling $119,032.77. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mrs. Cathy Guyer, 1309 Kendon Lane, asked when the feasibility study update for Furlong area utilities will be completed and what has been done relative to the Furlong issue in the past two weeks. Administrator Lawell informed Council and the audience that the feasibility update should be before Council in two weeks. In addition, staff has been working with several agencies, including MAC and Dakota County with respect to providing drinking water and sewer pumping and the testing of water. The City has also submitted a request to MAC to be placed on its buyout funding allocation list. BOND REFUNDING Acting Mayor Hartmann opened the meeting for the purpose of a public hearing on a request from the Lexington Heights Associates for the issuance of up to $11,000,000 in revenue refunding bonds to refund the outstanding housing mortgage bonds issued in 1983. Mr. Jerry Hertel, from Juran and Moody, was present to explain the request. He explained Page No. 2744 March 6, 1990 that the existing bonds currently float on a rate of interest that has been adjusted every six months and that this appears to be a good time to get more permanent rates. He stated that financing will be collateralized by federal housing mortgage insurance and the bonds will be placed with private investors. Acting Mayor Hartmann asked whether the issue will be a mortgage bond. Mr. Hertel responded that the only difference in the issue is that it would be for a forty year fixed interest rate. Councilmember Cummins pointed out that the bonds are revenue bonds, not general obligation bonds, and that there would be no liability to the City. Acting Mayor Hartmann asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 Councilmember Anderson moved adoption of Resolution No. 90 -09, "RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF REVENUE REFUNDING BONDS BY THE CITY OF MENDOTA HEIGHTS, MINNESOTA." Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 CASE NO. 90 -04, Mr. Dave Bjorklund was present to request BJORKLUND approval of his application for a 20 foot rear yard setback variance at Lot 6, Block 4, Copperfield First Addition. He distributed copies of approval letters from the adjoining property owners. It was noted that the variance would allow the front of the house to be on Copperfield Drive rather than Stone Road. Councilmember Anderson stated that based on the drawings submitted with the application it appears that there is a home on the adjacent Lot 5 (on Copperfield Drive). Mr. Bjorklund responded that all of the lots on Copperfield Drive are developed. Page No. 2745 March 6, 1990 Councilmember Anderson pointed out that if Stone Road were required to be the front, the house would be out of line with those on Copperfield. Councilmember Blesener asked whether the zoning ordinance requires a driveway setback from the street corner. Public Works Director Danielson responded that it does not, but that he felt the driveway should be at least 30 feet back from the street. Couhcilmember Blesener stated that some communities require forty foot driveway setbacks and that she feels 30 feet from the property corner would be a reasonable standard. She was concerned that parking of cars in the driveway might obstruct the sight distance at the intersection. She asked that Mr. Bjorklund move the driveway back. Mr. Bjorklund responded that he was sure that the issue will be addressed by the City staff when he applies for a building permit. Councilmember Cummins moved to approve a 20 foot rear yard setback variance for Lot 6, Block 4, Copperfield First Addition subject to the applicant providing a thirty foot setback along the east property line. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 MSA VARIANCE Council acknowledged a memo from Public Works Director Danielson recommending that the city request a variance to the MSA standards for trail construction along a portion of Marie Avenue. Mr. Danielson explained that Mn/DOT has rejected the City's preliminary application for MSA funding for the bike trail because the steep grade of Marie Avenue just west of Sibley High School does not conform to minimum MSA standards. When Marie Avenue between Dodd and Delaware was constructed in 1974, Mn/DOT authorized the project because relocation of the underground utilities and disruption of private properties would have been a hardship. Since that time, MSA design guidelines have changed and the City must apply for a variance to do any additional construction on Marie Avenue in that location. Page No. 2746 March 6, 1990 Councilmember Anderson moved adoption of Resolution No. 90 -11, "RESOLUTION REQUESTING A VARIANCE TO THE M.S.A.. STANDARDS FOR MARIE AVENUE (T.H. 149, DODD ROAD TO DELAWARE AVENUE) M.S.A. PROJECT NO. 140 - 101 -07 (IMPROVEMENT NO. 89, PROJECT NO. 6B)." Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Thomas Smith, a Hampshire Drive resident, was present on behalf of a citizens group called Citizens for Carefully Controlled Growth to submit a petition relative to the Centex development. Acting Mayor Hartmann stated that the public hearing on the Centex planning application is still open before the Planning Commission. He informed Mr. Smith that for this reason, the City Council could not take any action on materials presented this evening. He also stated that issues brought before Council at the public comments section of the agenda ordinarily receive no action on the same evening. He informed Mr. Smith that Council could accept the petition and refer it to staff if this is what Mr. Smith desired. MISCELLANEOUS Council acknowledged a letter from Lee's Janitorial Service complaining about the condition of the Fischer's 66 property, along with associated memos from the Public Works Director and Code Enforcement Officer. With respect to gas storage tanks on the Fischer site, Public Works Director Danielson informed Council that the tanks are nearly 25 years old and that many tanks of such an age leak. He stated that he does not know what the City can do to address the complaint other than to acquire the property through the tax increment district. Councilmember Cummins suggested that the Pollution Control Agency should be asked to check the tanks. Councilmember Blesener observed that the City's fire marshal seems very anxious to have the tanks taken care of. She asked whether there are any other issues Council should know about. Councilmember Cummins asked whether there are any circumstances which would indicate that Page No. 2749 March 6, 1990 ventilation. She also asked whether Mr. Duffy understands that the provision stipulating that the existing screening wall and evergreens cannot be removed for three years means that there can be no home construction on the lots on Mary Adele for three years. Mr. Duffy responded that he understands there is a three year moratorium. He stated that he hopes that when the project is done and the neighbors see the quality of the new landscaping and wall, he may come back before Council and ask for reconsideration of the moratorium. Councilmember Blesener moved adoption of Resolution No. 90 -10, "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," as amended to delete diaper service from section 8 of the resolution and to include garden supply store in section 6, provided that the use is conducted entirely within an enclosed structure. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 FURLONG AREA Councilmember Cummins stated that he has a continuing concern about the accusations that the Mendota Heights Motel is pumping sewage into the lake. He asked whether staff has contacted the PCA. Administrator Lawell responded that Dakota County has completed its investigation and that he believes they have uncovered a problem and referred the matter to the state agency which licenses hotels and motels. He indicated that he has contacted the PCA regarding testing the lake but that they prefer that Dakota County do the testing. Councilmember Cummins felt that the City should be dealing with the agency that is responsible for enforcement and levies fines for pumping sewage into the lake rather than with the licensing agency. Page No. 2747 March 6, 1990 the property owner might be interested in considering an offer for City acquisition of the property. He noted that the issue has been on the Council's priority list for some time, and felt that Council should at least make an inquiry on acquisition. Public Works Director Danielson noted that during the last negotiations with the property owner, there was a considerable difference in value between the appraisals done by the City and the owner. He pointed out that the City's initial offer for the site did not address the tanks. City Attorney Hart stated that the original purchase agreement was prepared in 1984 before people had become as sensitized to the problems of pollution. He felt that any new agreement should address the tanks. It was Council consensus that staff be directed to informally look into the matter and determine whether it would be worthwhile for the City to make another purchase offer. DUFFY DEVELOPMENT Mr. John Duffy was present to discuss the Lexington Plaza proposed project. He stated that Mr. Curley does not want to sign a developer's agreement until the proposed uses are approved. Also at issue is what use the Ethan Allen structure could be put to if Mr. Curley applies for a rezoning of the site to B-2. He informed Council that if the property is rezoned, Mr. Curley would like to continue to use the building for a furniture store. He stated that in the event that the facility is not used for a furniture store, the only use the building could likely ever be used for would be a garden center. He asked that Council consider adding garden center as a use. Councilmember Anderson stated that he sees no problem with the request since Council's desire is to rezone the property from B-3 to B-2. He pointed out however, that Council must be aware that there would be much more traffic generated by a garden center use than the furniture store generates. Councilmember Blesener pointed out that most garden centers have outdoor displays, and Page No. 2748 March 6, 1990 asked how Mr. Curley would handle such displays. Mr. Duffy responded that the existing B-3 district uses differentiate between greenhouse and interior sales. He stated that Mr. Curley is asking only for interior sales and does not foresee any outdoor sales. Councilmember Cummins asked Attorney Hart whether it is necessary to incorporate the request into the resolution approving the PUD or if Council could consider the request as a use variance if the issue arises after the rezoning. He felt that such an approach would allow Council to maintain greater control. Attorney Hart responded that there should be no problem in amending the proposed resolution to allow a garden center excluding outdoor display, storage or sales. Councilmember Anderson stated that he recalls that Mr. Curley wanted it to be very clear in his negotiations with Ethan Allen that the use could be continued and wanted a firm commitment because he was concerned that there may be different Councilmembers or other circumstances prevailing at that time. Mr. Duffy stated that existing section 14.1(9) allows garden supply stores in B-3 districts provided the use is conducted entirely within an enclosed structure. This is the language that he asked Council to include within B-2. He again stated that a garden center is the only realistic use the structure could be put to other than a furniture store. Councilmember Blesener pointed out that the proposed resolution includes diaper service as a B-2 use. She asked whether it is proposed that there be an on-site diaper service, and expressed concern over whether the utilities would be adequate. Mr. Duffy responded that he does not have a diaper service client yet but that the use is becoming a common retail use. Councilmember Blesener felt that the use should be stricken from the resolution unless the developer can prove that the facility would have adequate sewer, water and Page No. 2750 March 6, 1990 Administrator Lawell responded that the PCA has deferred to Dakota County. Mr. David Hiner, 1312 Furlong, stated that the various agencies keep deferring to each other and that Dakota County keeps saying it doesn't have adequate funding. Staff was directed to continue investigating the matter. COUNCIL COMMENTS Councilmember Cummins asked for information on the upcoming MASAC meeting. Administrator Lawell responded that the meeting is at 7:30 P.M. on March 7th and that the City representatives will request deferral of the City proposal to the operations committee. Councilmember Blesener announced that the open house for park plans will be on March 8th at 7:00 P.M. There was brief discussion over a request from United Properties for tax increment financing. Mr. Hiner asked the City include the Furlong area streets in the street sweeping program. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:27 o'clock P.M. kathleen M. Swanson City Clerk r11900MY-W LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL MARCH 6, 1990 General Contractors Licenses Elite Kitchen & Bath Dahlstrom Designer Homes, Inc. K & N Construction, Inc. Merle's Construction Co., Inc. The Cities Home Improvement Co. Wescot, Inc. Heating & Air Conditioning Licenses Judkins Heating & Air Conditioning, Inc. Ricear Heating Gas Piping Licenses Judkins Heating & Air Conditioning, Inc. Riccar Heating Masonry License A & B Cement