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1991-03-05 Council minutesPage No. 2992 March 5, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 5, 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 Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Ayes: 5 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 Code Enforcement monthly report for February. b. Acknowledgment of the draft minutes of the February 26th Planning Commission meeting. c. Authorization for an expenditure of $3,000 for participation in the Independent School District 197 "After School Program" from the Park Department budget. d. Approval of the specifications for a sewer jet for the Utility Department and authorization to advertise for bids. e. Approval of the Police Department labor agreement for 1991/92. f. Authorization for the Mayor to execute an agreement with the Goodwill/Easter Seal Society of Minnesota for the recycling services provided by the attended donation center for 1991. Page No. 2993 March 5, 1991 g. Adoption of ordinance No.,273, "AN ORDINANCE AMENDING ORDINANCE NO. 100, to provide for weed ordinance exemptions. h. Approval of an increase in the mileage rate reimbursement for use of personal vehicles for City business from $0.26 to $0.275 i. Approval of the classification of tax forfeit Parcel No. 27-02600-020-30 as non- conservation, and the conservation classification of forfeited Parcel No. 27- 48100- 250 -00 along with direction to staff to request the necessary forms for transfer of said parcel to City ownership for street purposes. j. Acknowledgment of notification of the Planning Commission's election of Mike Dwyer as Chair and Sandra Krebsbach as Vice-Chair for 1991. k. Authorization for the Mayor to execute a settlement and mutual release and any other documents necessary for the settlement of the Federal Land Company assessment challenge (North Ivy Hills Addition improvements). 1. Approval of the list of contractor licenses dated March 5, 1991 and attached hereto. m. Approval of the list of claims dated March 5, 1991 and totalling $169,986.10. n. Approval for the refund of a $1,000 grading escrow to Monty Girard in connection with construction of 1140 Orchard Circle. o. Authorization for payment of $1,000 to Mrs. Gertrude Frazier for the acquisition of a utility easement over 1280 Lakeview Avenue in connection with Furlong area utility improvements. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. James Losleben, chair of the St. Peter's Church maintenance and development committee, Page No. 2994 March 5, 1991 was present with respect to the extension of sanitary sewer and water to the church. He stated that with all of the public construction going on around St. Peter's, the committee thought it was the appropriate time to look at its options. The church contracted with the firm of Toltz, King, Duvall and Anderson to prepare a study, a copy of which has been given to Council. Mr. Losleben then reviewed the options contained in the report. He informed Council that improvements are not needed now, the existing well is in good shape and the on-site septic system is working, but that it makes sense to piggy-back improvements with the highway construction project. He stated that the church appreciates that there will be considerable study before anything can be done, and submitted a petition as a formal request to begin the feasibility study. The committee has advised Mn/DOT of the Church's needs and has been advised to submit the petition to the City. Mayor Mertensotto stated that Council normally requires an engineering escrow but that there may be some advantage to the City because of the work Mn/DOT is doing. He directed that the engineering staff discuss St. Peter's concerns with Mn/DOT, review the TKDA report and report back in 30 days on options available. FOTO MARK Mr. Mike Meagher, Foto Mark Plant Manager, was BUILDING ADDITION present for continued discussion on his firm's request for building permit for a 36,012 square foot addition to its facility on Pilot Knob Road. Council acknowledged a staff report reviewing improvements made to the plan since the February 19th meeting. Mr. Meagher informed Council that eight feet of sod has been added along the blacktop a raised berm and blue spruce have been added at the southwest corner of the addition. Responding to Council questions, he stated that the firm employes 95 people and that the land to the west is not being reserved for additional parking, and the colors of the addition will be the same as the existing building. He stated that the front area will be cleaned up and the dumpster will be moved but no landscaping is planned because that area will be torn up when the highway department widens Pilot Knob Road. Page No. 2995 March 5, 1991 Public Works Director Danielson informed Council that Foto Mark's plan exceeds the green space required by ordinance. Mr. Meagher stated that 23% of the property will be green space. Councilmember Blesener felt that the improvement made in adding green space is minimal adjacent to 115 feet of pavement. She asked why there cannot be more green space on the west. She pointed out that three sides of the building are surrounded by up to 125 feet of pavement. Mr. Meagher responded that he could make the green space wider and push everything back but that would not change the looks of anything and it would be more functional as proposed. Mayor Mertensotto stated that anything that Foto Mark can do to improve the landscaping over what has been submitted would be appreciated. Councilmember Blesener stated that she is disappointed that the City Planner did not make some recommendations to Council regarding landscaping improvements. Councilmember Cummins moved to grant a building permit to Foto Mark for its proposed addition with the condition that the outside storage be screened and that the City would appreciate any additional landscaping improvements to enhance the appearance of the building and make it more compatible with the landscaping of other facilities in the industrial park. Councilmember Smith seconded the motion. Councilmember Blesener moved to amend the motion to require Foto Mark to plant a minimum of an additional 15 six foot evergreen trees on the property, at least one-half of which should be planted in the front yard after the reconstruction of Pilot Knob Road is completed. Councilmember Cummins seconded the motion. VOTE ON AMENDMENT: Ayes: 5 Nays: 0 Page No. 2996 March 5, 1991 VOTE ON ORIGINAL MOTION AS AMENDED: Ayes: 5 Nays: 0 HEARING, CASE NO. Mayor Mertensotto opened the meeting for the 90-44, STRUB purpose of a public hearing on an application from William Strub for approval of the preliminary plat for the replatting of the Riverwood Place Addition located on T.H. 13. Mr. Strub, present for the discussion, informed Council that the replatting is necessary in connection with the PUD amendment for the Center Diagnostic Imaging which was approved by Council in November. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener moved approval of the preliminary plat for the Riverwood Place 2nd Addition. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 HEARING: CASE NO. Mayor Mertensotto opened the meeting for the 91-05, LINVILL purpose of a public hearing on an applications from Mr. Ralph Linvill for a zoning ordinance amendment to allow churches as a conditional use in the Industrial District and for a conditional use permit for the Faith Church of Glory to be allowed to remain as tenants in the Dakota Business Plaza. Mr. Rollin Crawford, representing Linvill Associates, stated that Mr. Linvill entered into a lease arrangement with the church and then discovered the use was not allowed. He reviewed what a number of communities do. He indicated that the church is small and cannot afford its own facility now but that presumably when it is the appropriate size it can afford to build its own facility in the community. He felt that there are two issues, compatibility of use and tax status. He suggested that a city could find no use more compatible with industrial uses than a church Page No. 2997 March 5, 1991 because it uses facilities not otherwise used on weekends and utilizes existing parking. With respect to the tax exempt issue, he stated that the proposed ordinance amendment provides that churches can only be tenants and can only occupy one bay (3,000 square feet). He asked that Council allow the church to use two bays (5,200 square feet) or to revise the proposed amendment to limit size to no more than 10% of the structure. Mayor Mertensotto stated that the application was before Council in November and did not prevail. He further stated that there are as many arguments against the request as there are for it. He felt that the use cannot be predicated on a church being a tenant and that it is purely a policy issue of whether to permit churches in the industrial district. He pointed out that Mr. Linvill received industrial revenue bonds for the Dakota Business Plaza for industrial use and the facility is in the tax increment district, and felt it inappropriate to allow other uses. He stated that the Council has no control over whether companies in the industrial area work seven days a week. Further, if the amendment were approved and another church were to want to locate across the street, the City would have no recourse. Once that decision is made, a precedent is set. He did not feel that a church is a compatible or appropriate use in an industrial district. Mr. Crawford responded that under the proposed amendment, the Council has the ability to impose such conditions as it likes as long as they are reasonable. Mayor Mertensotto stated that the church has a lease which expires in September, 1992. He suggested denying the zoning amendment request but granting the church a non-conforming use permit because of the circumstances. The pastor of the church responded that this approach would satisfy the church's concerns although he would prefer the zoning ordinance amendment and conditional use permit. He also stated that the church will make whatever modifications are necessary to comply with the building code. Page No. 2998 March 5, 1991 Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto stated that he would like to see Council deny the applications and, under its police powers, grant Faith Church of Glory permission to remain in its leased space until the lease expires, conditioned upon the church meeting all of the assembly requirements of the building code. If this were done, Council would not be forced to make a policy decision. There was discussion over the proposed ordinance language allowing churches as tenants only. Councilmember Blesener suggested that the matter be tabled and that Attorney Hart give a more definitive legal opinion on the tenant versus owner issue and whether it can be regulated by Council. Attorney Hart stated the be whether a church is a the industrial district. churches are determined tenants he does not see inappropriate as owners tenant or owner does not t the question should n appropriate use in He stated that if to be appropriate as how they would be - their status as affect the use. Councilmember Blesener felt that the use fits given the conditions Council can enforce and that the issue seems to be the tax exempt status. If churches are restricted to being tenants rather than owners Council does not have to face the tax exemption issue. Attorney Hart responded that the question should be if a church is an appropriate use. Councilmember Cummins asked whether, if Council permits the use as tenants and the church decides to acquire 20 acres of land in the industrial park, the church could argue that because they were allowed as tenants they are entitled to acquire industrial property for church use. Page No. 2999 March 5, 1991 Attorney Hart stated that there certainly could be a chance that this would happen. Council would have determined that church use is an appropriate use in an industrial district. Councilmember Cummins suggested that the issue be referred to the City Attorney for review and response. Mr. Larry Page, architect for the proposed project, reviewed the site plan and building schematics for the proposed facility. Council was informed on the history and goals of the Turner's Society by one of its members. Council was informed that the Society is aware of the utility (sanitary sewer) easement and has moved the building five feet west in response to concerns expressed by City engineering staff. It was acknowledged that this would require approval of a five foot front yard setback variance. Public Works Director Danielson stated that the sanitary sewer line is 40 feet deep, and that because of the depth staff has asked the Turners to move the building five feet to the west. After further discussion, Councilmember Blesener moved that the discussion be continued to March 19th. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 1 Mertensotto HEARING - CASE NO. 91- Mayor Mertensotto opened the meeting for the 01, TURNER'S purpose of a public hearing on an application from the St. Paul's Turner Gymnastic Society for an amendment to the Comprehensive Plan from HR to B for property located at the northeast corner of Mendota Heights Road and Lexington Avenue, rezoning of the property from B-1A to B-1, conditional use permit for a private athletic facility in a B-1 zone, approval of the preliminary plat, and approval of a 20 foot sideyard setback variance to the parking lot setback to allow a shared driveway. Council acknowledged staff reports, including an add-on agenda report regarding a utility easement across the property. Mr. Larry Page, architect for the proposed project, reviewed the site plan and building schematics for the proposed facility. Council was informed on the history and goals of the Turner's Society by one of its members. Council was informed that the Society is aware of the utility (sanitary sewer) easement and has moved the building five feet west in response to concerns expressed by City engineering staff. It was acknowledged that this would require approval of a five foot front yard setback variance. Public Works Director Danielson stated that the sanitary sewer line is 40 feet deep, and that because of the depth staff has asked the Turners to move the building five feet to the west. Page No. 3000 March 5, 1991 Councilmember Blesener asked if children would be arriving by bike or bus to the facility and if this can be accommodated. The Turner's representative responded that currently all of the children come by car but that the Society has talked about serving as a training facility, in which case there might be buses. The parking and turn around area would accommodate buses. Councilmember Blesener asked why the upper area is called a rathskeller. Mr. Page responded that "rathskeller" is a historical term for a social space, and that the space is for a public game room. He stated that the society does not serve liquor to the public, but that there are dinners for the members four or five times a year. The Society has no intention of serving liquor to the public. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 91-09, "A RESOLUTION APPROVING MINOR COMPREHENSIVE PLAN AMENDMENT," contingent upon Metropolitan Council approval. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Councilmember Ordinance No. ORDINANCE NO. REZONING," to B-1A to B-1. Councilmember Blesener moved adoption of 274, "AN ORDINANCE AMENDING 401, FOR THE PURPOSE OF rezone the subject property from Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 91-10, "A RESOLUTION APPROVING • CONDITIONAL USE PERMIT, A PRELIMINARY PLAT, • VARIANCE AND THE SITE PLAN FOR TURNER'S GYMNASTICS SOCIETY," along with approval of a five foot front yard setback variance and issuance of the building permit. Ayes: 5 Nays: 0 Page No. 3001 March 5, 1991 T.H. 149 R-O-W RELEASE Council acknowledged a report from the City Administrator regarding the easement history for the T.H. 149 right-of-way located in the northeast quadrant of T.H. 110 and T.H. 149 and a memo from the Public Works Director regarding the Brian Birch request for release of the right-of-way. Mr. Birch was present for the discussion. Mayor Mertensotto stated that Mn/DOT has told him that they have not made a detailed study as to the ownership of the land and will not do so until they are ready to release the right-of-way. Also, they have told him that they have not yet done an appraisal of the land and will not until they get ready to sell it. He stated that he was concerned that if the City determines in its feasibility study that there is future use for the right-of-way, it will hold up Mn/DOT's proceedings. He has been informed by Mn/DOT that they are not being detained by the study or the City's request for additional time. He did not feel that the City is in a position to make a determination on release of the right-of-way at this time. He pointed out that Mr. Birch wants Council to say the City has no potential use, but felt that it is too important of a crossroad for the City to determine the need until there are more answers. Mr. Birch stated that the City staff memo says there was a study done by the downtown task force. Mn/DOT's report is that they have no use for the land, and the city has said that it is financially inappropriate to do something. He further stated that the task force report and minority report says that there is no reason to keep the land for highway purposes, and that it is time that the property be returned to him. Mayor Mertensotto stated that the options in the reports are totally different - one says it is needed and the other says that it is not. He reviewed the history of the area when the task force report was done and the changes that have since occurred, including the shopping center ownership change and the change in plans by Mendakota. Councilmember Smith pointed out that the task force report indicated that South Plaza Drive Page No. 3002 March 5, 1991 could be extended north across T.H. 110, including a bike trail, and that the committee voted 8 to 1 in favor of the extension. Mr. Birch responded that the reports indicated that this intersection is no different from any others, and suggested that a bridge would cost $5 million - all at City expense. Councilmember Blesener stated that both of the reports indicate that the extension of South Plaza over T.H. 110 is something the City would like to see, and that she fails to see how Council could move from that position to Mr. Birch's position that the right-of-way is not needed. She pointed out that the issue before Council is whether there is a present or future need for right-of-way in that area and not how the City would pay for a bridge. Councilmember Cummins stated that he cannot imagine any circumstance where the City would go along with such a project if Mn/DOT will not participate in the cost. He felt that Council should decide that the concept of downtown Mendota Heights is not likely to go any further and a crossing at this point will not happen. Councilmember Smith pointed out that Council is committed to a study of the area and will be having a goal setting session soon. she suggested Council should wait and see what its priorities are for the City. She did not think Council should release interest until some of the questions have been answered. She asked Mr. Birch whether he purchased the land subject to the Mn/DOT easement. Mr. Birch stated that he did but that he had written in his rights to the land in his legal documents. Councilmember Blesener responded that when Mr. Birch bought his land he had no right to expect the right-of-way would not be used for highway purposes. She agreed that the matter should be put on the list of issues for discussion at the goal setting session. Mr. Birch stated that Council has seen his development proposal. Mayor Mertensotto responded that there is no proposal officially before Council. Councilmember Cummins stated Page No. 3003 March 5, 1991 that it would be premature for Mr. Birch to submit a proposal because he has no rights to the land. Mr. Birch suggested that he will file a legal challenge because of the City's delay. Responding to questions from Mayor Mertensotto, he stated that he receives tax statements for the property and that there are no taxes on it. It was the consensus that the issue will be taken up at the goal setting workshop. TEAM BUILDING/GOAL Council acknowledged a memo from the City SETTING WORKSHOPS Administrator regarding the scheduling of the team building and goal setting workshops. It was the consensus that the goal setting session should be held on April 3rd and the team building workshop should be later in April. MISCELLANEOUS Councilmember Blesener asked that staff research the cost of a remote microphone for the Council Chambers. She informed Council that she will be late for the next regular meeting. Councilmember Smith expressed concern over the lack of press coverage for the City and asked that staff contact the Sun. She also suggested that staff should provide a synopsis of Council action to be broadcast on cable television and perhaps provide handouts at City Hall to inform residents on Council actions. Mayor Mertensotto informed the Council on the Citizen League tax rankings. PENTEL Administrator Lawell informed Council that the City has received a summons with respect to the Pentel antenna issue. Councilmember Blesener moved to direct the summons and complaint to the City Attorney for defense and response and for progress reports to Council. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the Page No. 3004 March 5, 1991 meeting be adjourned to a closed session for discussion of the Centex litigation. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:05 o'clock P.M. I Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL March 5, 1991 Asphalt License Ace Blacktop, Inc. Excavating Licenses Bulach, E. L.-Const. Co. Fogerty Excavating, Inc. Murr Plumbing, Inc. Schulties Plumbing, Inc. Gas Piping Licenses Arneson, Earl Jr.-Htg. & A/C J.K. Heating Company General Licenses Berwald Roofing Co., Inc. Endura Construction Specialties Keller, Martin Heating & A/C Licenses Arneson, Earl Jr.-Htg. & A/C J.K. Heating Company