Loading...
1990-11-20 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 20, 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, 1001 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:32 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Cummins, Blesener, Anderson and Hartmann. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. AYES: 5 NAYS: 0 APPROVAL OF MINUTES Councilmember Hartmann moved approval of the October 2nd regular meeting minutes. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 Councilmember Blesener moved approval of the November 7th Election Canvassing Board meeting minutes. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 Councilmember Cummins moved approval of the November 6th regular meeting minutes. Councilmember Blesener seconded the motion. AYES: 5 NAYS: 0 CONSENT CALENDAR AYES: 5 NAYS: 0 -0 1 1 0146,110P.AVOILOW Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the October 23rd Planning Commission Minutes. b. Acknowledgment of the October Treasurer's Report. C. Acknowledgment of the November 13th Parks and Recreation commission Minutes. d. Acknowledgment of a Letter of Resignation from Planning Commission Chair Jerry Morson to be effective at the end of his term, January 1991. e. Authorization of staff to issue a purchase order in the amount of $6,6000 to Carlson Sewer for improvement of the Dodd Road/Trunk Highway 110 bike trail. f. Approval of the List of Contractor licenses dated November 20, 1990 and attached hereto. g. Approval of the List of Claims dated November 20, 1990 and totalling $414,347. Councilmember Anderson noted that Planning Commission Chair Jerry Morson has served on the Planning Commission for many years with great distinction. He further stated that it is with great regret that the Council is accepting his resignation as Jerry is a fine individual who has contributed greatly to the community. Councilmember Cummins seconded the motion. Mayor Mertensotto recommended that the City Council proclaim November 27, 1990 as Mendota Elementary Day in recognition of the Minnesota Elementary School Principal's Association awarding Mendota Elementary School with the Elementary School of Excellence Award. Mayor Mertensotto read the proclamation. Ms. Donna Montgomery, Principal of Mendota Elementary School and Ms. Kaplan, representative of the Parent's Association, were both present for the Proclamation. Ms. Montgomery briefly explained how Mendota Elementary applied for this prestigious award. She further explained that Mendota Elementary was one of only four schools honored statewide. Ms. Montgomery further stated that the City Council is invited to attend the award presentation at Frances M. Grass Junior High School on Tuesday, November 27th at 7:00 o'clock P.M. Councilmember Blesener moved adoption of the Proclamation on designating November 27, 1990 as Mendota Elementary School Day. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 HEARING: NOACK ALLEY VACATION Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Mr. and Mrs. Leroy Noack for the vacation of an alley in Lot 7, T.T. Smith's Subdivision No. 4. Mr. Noack was present for the discussion. Mayor Mertensotto stated that the City currently has no use for the alley other than as a utility easement for Northern States Power. There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 Councilmember Cummins Resolution No. 90 -80, VACATION OF AN ALLEY." Councilmember Hartmann AYES: 5 NAYS: 0 moved adoption of "RESOLUTION APPROVING seconded the motion. Mayor Mertensotto briefly explained that the Fire Department is requesting to hire a consultant to study whether or not the City's fire class rating can be adjusted. Mayor Mertensotto explained that presently the City is at a rating of six and that this rating really only affects commercial property insurance premiums. Mayor Mertensotto further explained that the City can undergo the rating without a consultant involved. Administrator Lawell explained that about every fifteen years the rating takes place and that the City is about due for another rating. He explained that the suggested consultant was previously employed by the Insurance Service Organization and that the Fire Department feels it might be helpful to use this consultant. Administrator Lawell explained the rating procedure. Councilmember Blesener directed the Fire Department to send a letter to the commercial businesses asking them if they are interested in contributing to the fire ratings study. Councilmember Blesener stated that it is the businesses that will get the direct benefit from an adjustment. Administrator Lawell briefly explained the ratings of neighboring cities. Administrator Lawell stated the City should not pass on the opportunity for a new fire rating. He stated that the City has a good fire department and a good water system and that the City should try and come up with an adjustment from a six to possibly a four. Councilmember Cummins further stated that staff should contact the Chamber of Commerce to see if they can solicit support from their members. REALIGNMENT OF THE GLENHILL ROAD/TRUNK HIGHWAY 110 FRONTAGE ROAD INTERSECTION Mayor Mertensotto briefly reviewed the memorandum submitted by Engineer Klayton Eckles regarding the realignment of Glenhill Road where it connects to the Frontage Road (Victoria Curve). Engineer Eckles (using maps) explained that MnDOT's original plan was to maintain the Glenhill Road connection when the frontage Road is extended further west. He stated that to do this, would have a significant adverse impact on the house near the intersection (1219 Victoria Curve). He explained that MnDOT has developed an alternative design to eliminate the impact. He explained that MnDOT has proposed to construct a cul-de-sac on Glenhill Road which would completely eliminate the connection to the Frontage Road. He further stated that the connection as originally proposed would require a sharp 'IS" curve design to make the connection. He stated that to construct the 'IS" curve would require that the entire front yard of 1219 Victoria curve be disrupted. Engineer Eckles stated that he has talked to Mr. Shaughnessy, owner of 1219 Victoria, and that Mr. Shaughnessy has expressed great concern with the 'IS" curve design. Engineer Eckles explained that Mr. Libby, of MnDOT, has informed the City that the impact to 1219 Victoria could be severe in the form of severe slope requirements. He further explained that the State does not like this type of 'IS" curves due to certain safety concerns. He further explained that the favorable alternative would be to turn Glenhill Road into a cul-de-sac street and provide access to the entire neighborhood off of Hunter Lane. Engineer Eckles stated the residents in the immediate area, in general, have commented positively in favor of the cul-de-sac alternative. He explained that the residents on Glenhill Road were all notified of the two alternatives. He stated that the City did not notify the entire neighborhood. Councilmember Blesener stated that the Culligan Lane residents are the most impacted with all of the traffic the new design will create. Mayor Mertensotto concurred with Councilmember Blesener that all residents in the area should be notified. Mr. Iry Vick, owner of a vacant lot north of 1219 Victoria, questioned if there will be access, in the future, towards Mendota. Mayor Mertensotto explained that there would be and that it will be the principal access from Highway 110 heading down towards Mendota once the interchange is completed. Mr. Vick expressed a concern of a long traveling distance with the new frontage road down to Mendota. He further explained his concern for emergency vehicle access. Mr. Vick stated that he feels the "S" curve design is more logical. Mr. Vick, brother of Mr. Iry Vick, was also present as he owns a vacant lot north of his brother's lot. He further explained that he and his brother own a one acre parcel of land east of their lots. Engineer Eckles stated that he had talked to Mr. Linsmayer, Mr. Culligan and Mr. Chaffen, all property owners in the area, and they all stated that they prefer the cul -de -sac option. Ms. Jane McCabe, that she prefers stated that the safe. 1949 Glenhill Road, stated the cul -de -sac option. She current slope is not very Mr. Larry Culligan, 1941 Glenhill Road, stated that he has talked to several of his neighbors and that they are all in favor of the cul -de- sac option. He stated that the cul -de -sac option would cut down on the speeding in the area. Mayor Mertensotto directed staff to send notice of the two alternative proposals to all residents of the Glenhill Road area, and that staff is directed to return back to the Council on December 4, 1990. HEARING: MENDOTA HEIGHTS ROAD FEASIBILITY Mayor Mertensotto opened the meeting for the purpose of a public hearing on proposed sanitary sewers, water, storm sewers and street construction to serve properties along Mendota Heights Road (between T.H. 149 and Lexington Avenue). Council acknowledged the feasibility report. Engineer Klayton Eckles explained that the proposed project involves the upgrade of Mendota Heights from Dodd Road to I -35E and that it would also involve the widening of Mendota Heights Road between Visitation Drive and I -35E. He further explained that a watermain would be installed along the entire length of Mendota Heights Road which would complete a major link in the City trunk line watermain from Dodd Road to the watertower. He further explained that a pedestrian trail would be constructed from Dodd Road to I-35E and extend the trail, which is between Lexington Avenue and Highway 55, through the industrial park. Engineer Eckles further explained that the City has the option of installing sanitary sewer to serve the parcel of land owned by Mr. Tousignant and also install storm sewer along the entire length of the street. He further stated the City could also include City street. lights. He explained that the State Aid Program will pay for street lights at intersections. He explained that there is a lot of traffic from the schools in the area it might be prudent to install street lights at Visitation Drive, Lake Drive and possibly IOS. Mayor Mertensotto acknowledged that the area is dark and rather isolated and that lighting would certainly add the security and useability of the pedestrian ways. Mayor Mertensotto acknowledged that Mr. Bob Tougsinant is in the audience and that he is directly involved with the project. He explained that the city is recommending at this time that sanitary sewer service not be installed to serve Mr. Tousignant's land directly to the south and west of Mendota Heights Road. Engineer Eckles explained that at this point in time, there is no urgency in installing the sanitary sewer service. He explained that if Mr. Tousignant is interested in sanitary sewer service he should petition the City and the City would install the service. Mr. Tousignant stated that at this point in time, he is not interested in having the sanitary sewer service installed to serve his land. Mayor Mertensotto formally acknowledged a letter as submitted by Visitation Convent as presented on the add on agenda. There was a brief discussion regarding the funding of the bike trail. It was pointed out that the bike trail is funded by the park bond referendum. Mr. Tousignant questioned why, five years ago, his property was assessed $40,000 for sanitary sewer service and St. Thomas was not. Engineer Klayton Eckles explained that the assessment was a front ditch assessment for sanitary sewer and that St. Thomas Academy was not assessed. Mr. Tousignant stated that he does not think that that was appropriate. Engineer Eckles explained that St. Thomas Academy has paid for significant amounts of sanitary sewer. He explained that there is sanitary sewer service along the north side of their property (Lake Drive). City Treasurer Shaughnessy explained that St. Thomas Academy's assessments for both water and sanitary sewer were made on the Lake Drive side when the City developed the Mendota Heights Road sewer. He explained that St. Thomas is all one parcel of land and that the parcel had been served. He explained that the City computed an equivalent assessment and reduced the other assessments on Mendota Heights Road by that amount. He stated that if the property is ever used for another purpose there would be a hook up charge (sewer service from Mendota Heights Road). Engineer Eckles briefly explained that the proposal for water assessments would be that anyone that can be assessed would be assessed at the same rate as IOS was assessed (City wide average rate). He explained that this amount would not cover the cost of the sixteen inch water main line. He further explained that the City would use water revenue funds to pick up the difference. Engineer Eckles explained that State Aid would pick up a large portion of street funding. Mr. John Grieving, Head Master of St. Thomas Academy, questioned why St. Thomas Academy was left out of the water assessment calculations. Engineer Eckles explained that a watermain was extended in front of the school down Lake Drive and deadended four hundred feet shy of Mendota Heights Road. He explained that the City is now contemplating making that connection. He explained that that would be frontage on St. Thomas and it would benefit St. Thomas in improving their fire fighting capabilities and finish up the frontage on their property which had not been assessed for water. Mr. Grieving questioned if there will be a signal light installed at the intersection of Dodd Road and Mendota Heights Road. Public Works Director Jim Danielson explained that that particular intersection is not within Mendota Heights jurisdiction. He explained that the City has petitioned MnDOT on several occasions for signal lights. He explained that certain warrants have to be met before signal lights are installed. In response to a question from Mr. Grieving, Public Works Director Danielson stated that the City could petition the State for installation of signal lights. Mayor Mertensotto stated that the City should petition the State in conjunction with the project. Mr. Jim Tschaan, Head Master of the Convent of Visitation, questioned when the assessment hearing will take place. Mayor Mertensotto estimated that the hearing may be in 1992. Mr. Tschaan questioned if the sole benefit that Visitation derives from the water assessment is the safety factor. Engineer Eckles explained (using maps) that the south portion of Visitation's land is being assessed for water. He explained that all of the land owner by Visitation south of Mendota Heights Road has never received any water and when it eventually develops it will need a watermain. He explained that there is nothing proposed to assess any land on the north side. Mayor Mertensotto explained that this assessment has nothing to do with the fire prevention. Mayor Mertensotto stated that that was specifically addressing St. Thomas Academy in regards to the assessments for looping the watermain on Lake Drive. Engineer Eckles explained that streets will be assessed on both sides of the street. Mr. Tschaan stated that Visitation has no immediate development plans. Mr. Ultan Duggan recommended that the City petition MnDOT for traffic signals at the intersection of Dodd Road and Mendota Heights Road. He further asked if the construction could be completed before school starts for the new year. Mayor Mertensotto stated that the City would do its best in supporting the request. Councilmember Cummins moved to close the public hearing. Councilmember Blesener seconded the motion. AYES: 5 NAYS: 0 Councilmember Blesener moved adoption of Resolution No. 90 -81, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE PROPERTIES ALONG MENDOTA HEIGHTS ROAD (BETWEEN T.H. 149 AND LEXINGTON AVENUE, IMPROVEMENT NO. 90, PROJECT NO. 3). Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 HEARING: CASE NO. 90 -42: THEATERS WITHIN A B -4 ZONING AMENDMENT Mayor Mertensotto opened the meeting for the purpose of a public hearing to consider an amendment to the Zoning Ordinance to allow movie theaters within the B -4 Shopping Center as a permitted use. Mayor Mertensotto briefly explained that the City only has one B -4 Shopping District. Mr. Edward Paster, Paster Enterprises - owner of the Mendota Mall, was present along with Mr. John Street, Construction Manager of Paster Enterprises and Mr. Larry Kirschenman, Vice President of MIDCO. Mr. Paster explained that MIDCO is proposing to construct a family type theater within the Mendota Mall. He explained that MIDCO's reputation is very respectful and that they respect Paster Enterprises sensitivities with regards to the use of the Mall. Mr. Paster further stated that a concern at the Planning Commission level was that there will not be a video arcade next to the theaters. He stated that they are contemplating installing 2 or 3 video games in the lobby for people to use who are buying tickets to see a movie only. Mr. Larry Kirschenman, Vice President of MIDCO, briefly explained that MIDCO is presently running movie theaters within three states. He explained that there will be roughly 1,200 seats and that the operation will be open seven days a week. He stated that the movies shown will be "second run" movies and the admission price will be a discount price. He further explained that they are unsure at this time if they will be running movies with an NC-17 movie rating. Councilmember Anderson pointed out that once the theater amendment is made, the City Council is not going to be in a position to issue any prior restraints on movies that the theater shows according to the First Amendment. Councilmember Anderson stated that he is concerned with the inadequate amount of parking, the inadequacy of ingress and egress cuts for traffic,.no control over the type of movies. He stated that he doesn't see a great demand in the community for second run, discount movie theater. He stated that he was surprised to see that the Planning Commission was so enthused about this request with the concern for quality that we have in this community. Mr. Paster stated that he shares the same concerns for quality within the community. He stated that there is a lease agreement and that this agreement stipulates that the movie theater will be a family type theater specifically prohibiting the showing of any pornographic movies. He explained that the parking will be adequately handled. He stated that they may open up the additional land that they own to help ease any parking problems. He explained that Paster Enterprises has been very aggressive in trying to rent the shopping center for the past three years. He explained that they are trying to meet the needs of the community. Mayor Mertensotto acknowledged the fact that it may be a difficult situation with the access out of Plaza Drive on to Dodd Road. Councilmember Anderson stated that the City may be going a little overboard to facilitate economic success on the part of the developer. He further stated that there are two movie theaters in West St. Paul. He also stated that both theaters in West St. Paul have plenty of ingress and egress cuts. He stated that the traffic situation at the Mendota Mall is already a bad situation and that the proposed theater will only compound the situation. He stated that the City Council should be responsible in amending the Zoning Ordinance. There was no one present in the audience to discuss this request. Councilmember Cummins questioned if there will be further variances needed to install additional signage. Mr. Paster stated that there are already signs installed within the shopping center. He further explained that he is unsure if the proposed clock tower will be constructed. Mayor Mertensotto expressed his concerns for emergency exits. Mr. Streeter stated the parking questions, emergency exits, sprinklers, etc. will all be met according to State Code requirements. He further stated that all required plans will submitted to the City Building Department. Councilmember Blesener stated that she feels the theater is an appropriate use within the shopping district. She stated that this movie theater targets the family. She further stated that the traffic will be staggered and that she doesn't feel that traffic will be a problem. Councilmember Blesener moved to close the public hearing. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 Councilmember Cummins moved adoption of Ordinance No. 272, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 401.11 Councilmember Blesener seconded the motion. AYES: 4 NAYS: 1, ANDERSON HEARING: CASE NO. 90-36: LINVILL - ORDINANCE AMENDMENT - CHURCHES IN THE INDUSTRIAL PARK Mayor Mertensotto opened the meeting for the purpose of a public hearing for an ordinance Amendment to allow churches within the Industrial (I) Zoning District as a Conditional Use. Mr. Ralph Linvill, owner of Dakota Business Plaza located at 2401 Pilot Knob Road, explained that he has leased space in his plaza to a church. He explained that he does lease space to churches in other buildings that he owns in other communities. He explained that the Dakota Business Plaza is open during the week from 7:00 A.M. to 5:00 P.M.. He stated that on holidays and weekends the building is pretty much empty. He explained that the lease restricts the church to five parking spaces during the week. He explained that during church services and after 5:00 P.M. during the week there are no parking restrictions. He stated that the signage is the same type of signage that all other tenants have which was approved originally with the building. Mayor Mertensotto stated that this building is in a revenue bond financed building. He explained that the Zoning Ordinance Amendment is a policy question and a legislative decision for City Council. He stated that churches do not pay taxes and that within an industrial area and the purpose commercial space is to create tax revenue, a business climate and jobs. He further stated that the City may be creating a problem with precedent setting within the industrial zone if the City amends the Zoning Ordinance. Councilmember Anderson stated that the church, at this time, is in need of more space and that they need time to generate funding to construct their own facility and this lease option suffices their current need for space. He stated that if the church rents the property from Mr. Linvill, it helps to pay his taxes. Attorney Tom Hart stated that the control over conditional use permits is significant and that the very nature of conditional use permits is to allow the city to impose reasonable restrictions and conditions upon a particular use, business or enterprise that is being conducted. Councilmember Blesener questioned if the City has the right to control hours of operation with a conditional AYES: 5 NAYS: 0 use permit. Mayor Mertensotto stated that conditions have to be germane to the health, welfare and public safety of the community. Attorney Tom Hart concurred. Councilmember Hartmann reiterated that the issue is whether a particular use is a permitted use under a conditional use permit, that once it is a permitted use that anyone that wants to make use of the property that way can apply. Mayor Mertensotto concurred. Attorney Tom Hart stated that tax exempt status of churches and schools are governed by federal law. Councilmember Cummins questioned if the City could accommodate Mr. Linvill through a variance process without a rezoning. Mayor Mertensotto explained that a variance can only be granted through a provision if it is a permitted use within a zone. He stated that in this case churches are not a permitted use. Attorney Hart concurred with the Mayor. Councilmember Blesener moved to close the public hearing. Councilmember Cummins seconded the motion. Councilmember Blesener moved adoption of Ordinance No. 273, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 401.11 Councilmember Cummins seconded the motion. AYES: 3 NAYS: 2, MERTENSOTTO HARTMANN Motion fails. November 20, 1990 Page 15 4. 1 • �_� There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. ul� TIME OF ADJOURNMENT: 10:13 o'clock P.M. Kimberlee K. Blaeser Senior Secretary ATTEST: ....�.. zd' /lam Charles E. Mertensotto Mayor