Loading...
1988-10-04 Council minutesPage No. 2396 October 4, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 4, 1988 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, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 P.M. The following members were present: Mayor Mertensotto, Councilmembers Cummins, Hartmann and Witt. Councilmember Blesener had advised the Council that she would be late. AGENDA ADOPTION Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Witt seconded the motion Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved approval of the minutes of the September 6th meeting. Councilmember Cummins seconded the motion. Councilmember Witt moved approval of the consent calendar as submitted along with authorization for execution of all necessary items contained therein. a. Acknowledgement of the September 27 Planning Commission minutes. b. Acknowledgement of the September Code Enforcement Report. c. Acknowledgement of the Quarterly Goals Progress Report. d. Acknowledgement of the Engineering Quarterly Report. e. Approval of a contract with the Maxfield Research Group for completion of a market evaluation of the proposed redevelopment at TH 110 /Lexington. f. Adoption of Resolution No. 88 -76, "RESOLUTION COMMITTING FUNDS TO THE MINNESOTA VALLEY HUMANE SOCIETY FOR CONSTRUCTION OF A DAKOTA COUNTY ANIMAL SHELTER ". g. Adoption of Resolution No. 88 -77, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 3RD ADDITION ". h. Adoption of Resolution No. 88 -78, Ayes: 4 Nays: 0 PROCLAMATION Page No. 2397 October 4, 1988 "RESOLUTION APPOINTING 1988 ELECTION JUDGES ". i. Approval of the permanent full -time status appointment of Dick Gill, effective October 12, 1988. j. Approval of the list of contractor licenses dated October 4, 1988, and attached hereto. k. Acknowledgement of presentation concerning MSP Adequacy Test. 1. Approval of the list of claims dated October 4, 1988 and totalling $206,589.23. m. Approval of the corrected Resolution No. 88- 75, "RESOLUTION APPROVING 1988 LEVY COLLECTIBLE IN 1989 ", dated September 20, 1988. n. Approval of a change order for city hall signage, with a cost of $9,300. Councilmember Cummins seconded the motion. Councilmember Witt moved that Mayor Mertensotto sign a proclamation declaring October 16 -22, 1988 as National Business Women's Week. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 CASE NO. 88 -39, Ms. Mary Lathrop, 640 Marie, was present to LATHROP, LOT SPLIT request approval of a lot split for Lot 18, Willow Springs. She had submitted a letter from her neighbor, the LeMays, relative to future removal of a shed that is on the eastern property line of Lot B. Councilmember Cummins moved adoption of Resolution No. 88 -79, "RESOLUTION APPROVING A LOT DIVISION IN THE WILLOW SPRINGS PLAT ", subject to receipt of the $600 park contribution. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 WEST ST. PAUL WATER CONNECTION REQUEST Mr. and Mrs. David Goldenstein, 1554 Delaware Avenue, West St. Paul, were present to request permission to connect to the Mendota Heights' water line located in Delaware Avenue. Their lot frontage consists of 152 feet. After discussion, Councilmember Cummins moved that the Goldenstein's be granted permission for their request, but that they be charged based on Ayes: 4 Nays: 0 BERM REQUEST FOR CITY HALL Ayes: 4 Nays: 0 COPPERFIELD TRAFFIC NOISE ORDINANCE REQUEST Page No. 2398 October 4, 1988 the actual front footage of 152 feet, with the cost to be $3,458.27. Councilmember Hartmann seconded the motion. Council acknowledged receipt of a memo relative to the costs and merits for installation of a sound/light barrier at the lower level of the new city hall, in response to a request from Mrs. Ann Connelly, 1903 So. Lexington, and Mrs. Kim Povolny, 1901 So. Lexington. Councilmember Hartmann moved that the City not incorporate a sound/light barrier at city hall per the staff report dated September 29, 1988. Councilmember Witt seconded the motion. Council acknowledged receipt of a memo from Police Chief Delmont relative to traffic control in the Copperfield neighborhood. Councilmember Cummins felt that stop signs at Fieldstone and Stone Road should be deleted unless or until there is a problem at those intersections. City Administrator Frazell stated that staff would put together an Ordinance to that effect for adoption on October 18. During discussion later in the meeting, Councilmember Blesener felt that all yield signs at T-intersections in Copperfield should also be deleted, as she felt they cause confusion for motorists. It was Council concensus that all yield signs should be deleted. This item was continued from the September 6 Council meeting. Mrs. Joan Strot, 743 Decorah Lane, was present for the discussion, complaining of heavy equipment trucks using Decorah Lane and noise emanating from the Dakota's Children group home adjacent to her home. She felt the City's noise ordinance did not have enough teeth to allow fines for the noise which she felt were nuisances and suggested the City draft a stronger noise ordinance such as the one she presented from the City of West St. Paul. City Attorney Hart noted that the City has the authority to ask that the group home make a reasonable request to keep the noise level down and Councilmember Hartmann felt the City should contact the general contractors CASE NO. 88-38, PASTER, CUP/PUD AMENDMENT HEARING Page No. 2399 October 4, 1988 doing work in the Copperfield area to have them advise their subcontractors to make deliveries off Huber Drive, not Decorah Lane. Councilmember Blesener arrived at 8:15 P.M. Councilmember Cummins felt the police department should be reminded of this nuisance and that they do have the authority to cite the violators. Mrs. Strot read a letter she had received from Representative McKasy in response to her concerns. The Council was sympathetic to Mrs. Strot's concerns and suggested she call the police department when she felt the ordinance was being violated. Staff was directed to send Mrs. Strot a copy of the City's ordinance No. 901. Mayor Mertensotto called the meeting to order for the purpose of a public hearing to consider a request for a conditional use permit for a planned unit amendment from Paster Enterprises to allow installation of several signs at the Mendota Plaza Shopping Center, 750 Highway 110. Mr. Ed Paster and Mr. John Streeter, construction foreman, were present to explain their proposal. Mr. Paster noted that the nearest tower (Pylon B) would be 30 feet from the TH 149 right-of-way. Mayor Mertensotto stated that access to the center is the real problem, that it is just not functional, and the access needs to be widened. He felt a turning lane for entrance off 149 might also be needed. Mr. Paster indicated that he was scheduled soon for a meeting with a traffic designer to discuss the overall traffic concept of the center. He also stated that he would maintain a clearance of the sign which would be at least 9'6". He was not sure how large the signs for the tenants would be, but stated that the signs are reserved for the major tenants only, with uniform letters and interior illumination. He asked that Pylon A be allowed to be five feet higher than the exiting pylon sign now located along TH 110. Mayor Mertensotto asked why this sign had to be higher than any other signs in the City. Mr. Paster said this is the only shopping center in Page No. 2400 October 4, 1988 the City and he felt it would contribute to better visibility. He noted that the sign on Dodd Road is proposed to be 30 feet high, while the bank sign is 31' 10", Amoco's sign is 33', and the McDonald sign is 36' high. Pylon B, the 30 foot high sign proposed for Dodd Road, would require a five foot height variance, and would be set back 30 feet from the 149 right-of-way. Pylon A, to be located along TH 110, would require a 20 foot variance to allow the height to be 45 feet. The proposed bell tower, as presented, is to be 51 feet tall. After much discussion, Councilmember Hartmann moved approval of the conditional use permit for a planned unit development amendment, granting a five foot height variance for Pylon B, which is to be 30 feet high, set back 30 feet from the TH 149 right-of-way; a 20 foot height variance for Pylon A, which will be 45 feet high, located along TH 110, and that the bell tower is acceptable as presented, being 51 feet tall. Councilmember Blesener seconded the motion, but amended it so that Council will have the final design approval which will be considered at a future Council meeting under the consent calendar (if the design is basically the same as this evening's version). Councilmember Hartmann accepted her amendment. (The Council stated they did not want to see antennas attached to the towers). Ayes: 4 Nays: 1, Mertensotto Ayes: 5 Nays: 0 The Council then discussed the building signage standards submitted by the developer at a previous meeting. The policy stated that letters may be 36 inches high (not more than 36 inches), and that the sign shall not be nearer than 24 inches to the edge of the tenant's lease line. Mayor Mertensotto asked for any questions or comments from the audience. There being none, Councilmember Hartmann moved to close the public hearing at 9:24 P.M. Councilmember Cummins seconded the motion. Councilmember Hartmann moved approval of the building signage policy, granting a variance so that the signs may exceed 100 square feet, but Page No. 2401 October 4, 1988 that they shall be at least two feet from the outside edges of the tenant's lease line. Councilmember Witt seconded the motion. Ayes: 3 Nays: 2, Blesener, Cummins CASE NO. 88-37, PASTER, TEMPORARY SIGN VARIANCE Ayes: 5 Nays: 0 CASE NO. 88-36, LINSMAYER, VARIANCE Ayes: 5 Nays: 0 TH 55 PROPERTY ACQUISITION DISCUSSION Mr. Paster stated that he would like a temporary sign variance for up to three years. This sign would be a "for rent" sign located on Dodd Road, noting vacancies in the center. Councilmember Blesener felt the sign should be placed at least 100 feet south of the entrance to the center, or in line with the back side of the center. She also felt that the sign permit should be granted for 18 months, and then the applicant should request approval for 18 months more on a consent calendar portion of the agenda, assuming there had been no problems during the first 18 months. Councilmember Blesener moved approval of a temporary sign for 18 months with a 39 square foot variance to allow 32 square feet of sign area for a double sided sign (or 64 square feet of sign area) to be located within 10 feet east of the pylon or a minimum of 100 feet south of the driveway entrance on the property line. Councilmember Hartmann seconded the motion. Mr. Nick Linsmayer, 1935 Glenhill Road, was present to request a five foot side yard setback variance to allow construction of a 20' x 35' swimming pool on Lot 17, Block 1, Valley View Oak 1st Addition. He had written permission from the Culligan family as requested by the Planning Commission. Councilmember Cummins moved approval of a five foot side yard setback variance to allow construction of the requested swimming pool at 1935 Glenhill Road. Councilmember Witt seconded the motion. Mr. Galen Funk, 1199 Rogers Road, was present to discuss with the Council his reasons of concern over the 10% obsolescence factor referred to in the Blake Davis property appraisals. He felt that MAC always said the air traffic is not an Page No. 2402 October 4, 1988 issue nor does it lower property values, yet the appraiser said it does lower the value. He asked what Mr. Davis is basing the air traffic factor on. Mayor Mertensotto stated that at no time during his and Treasurer Shaughnessy's meetings with the area residents, did he commit the City to the 10% factor. Mr. Funk indicated that he understood that. Councilmember Hartmann asked where the 10% factor came from. City Administrator Frazell noted that there is a letter in the file noting the 10% factor. During discussion, Councilmember Cummins stated he felt each purchase agreement should be written on a case by case basis. The Council also discussed what is a fair market value and the possibility of six months free rent, and felt this was fair for the residents. TH 149 TASK FORCE The concensus of the Council on appointment of citizen members to the task force to consider TH 149 right-of-way issues was that it is something the City wants to do, but that they would like it started after the first of the year. PROPERTY TAX DATA Council acknowledged a request from the AMM for BASE a contribution to help develop a property tax data base. Councilmember Witt, who chair's the League's Revenue Committee, explained the request. It was noted that larger suburbs are being asked to contribute $2,000 each, and Mendota Heights, as a smaller suburb, is being asked to contribute whatever the City feels is appropriate. Mayor Mertensotto felt the AMM needs a model for discussion and suggested contributing $2,000 toward the cause. Councilmember Cummins moved that the City donate $1,000 toward the cost of developing the property tax data base. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins said he would support putting additional money into the base if need MASAC FOLLOW -UP Ayes: 5 Nays: 0 CITY HALL Ayes: 5 Nays: 0 Page No. 2403 October 4, 1988 Council acknowledged receipt of a letter stating the City's position regarding the Mendota Heights /Eagan corridor issue. Councilmember Hartmann moved approval of the letter being sent over the Mayor's signature to MASAC concerning the Mendota Heights /Eagan corridor issue. Councilmember Witt seconded the motion. Council acknowledged a memo from Administrator Frazell relative to the proposed move to the new city hall. Councilmember Witt moved that the city offices may be closed, if necessary, at noon on Thursday, November 10, for the projected move to City Hall, and that the October 25 Planning Commission meeting and the November 1 City Council meeting be held at the fire hall, 2121 Dodd Road. Councilmember Hartmann seconded the motion. The Council also agreed to allow an auction of excess city property to be held on Saturday, November 12, at the Dakota County bank building site. HAGSTROM -KING The Council discussed developer installed PARK IMPROVEMENTS proposed improvements at the Hagstrom -King park. They discussed whether the City should upgrade the 1/2 court basketball surface from asphalt to concrete, whether to spend extra money to put curb and gutter on the parking lot, and if the park layout and proposed equipment is acceptable. Councilmember Blesener felt the city should install curb and gutter in the parking lot, and should upgrade the 1/2 court basketball surface from asphalt to concrete. She also felt the size of the play structure should be increased. Councilmember Blesener moved approval to expend up to $8,000 for park improvements to Hagstrom- King park, with the money coming from the park fund. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 COUNTY CAPITAL Councilmember Hartmann moved adoption of IMPROVEMENT PLAN Resolution No. 88 -80, RESOLUTION COMMENTING ON Ayes: 5 Nays: 0 MISCELLANEOUS ADJOURN Ayes: 5 Nays: 0 Page No. 2404 October 4, 1988 DAKOTA COUNTY'S 1989 PROPOSED CAPITAL IMPROVEMENT PLAN". Councilmember Witt seconded the motion. Councilmember Witt offered comments on the proposed advertisement for the position of administrative assistant. Mayor Mertensotto felt the shrubbery at the new city hall will not make it through the winter and wondered if it was guaranteed. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 10:41 o'clock P.M. Mary/Ann DeLaRosa Depu y City Clerk ATTEST: /144ar Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL OCTOBER 4, 1988 Concrete License: Buzzel Masonry, Inc. Gas Piping Licenses: Aspen Heating & Air Conditioning, Inc. Owens Services Corporation Swanson Plumbing & Heating, Inc. General Contractors Licenses: Gardner & Associates McPhillips Bros. Roofing Company SBS Construction, Inc. Welsh Construction Wescot Construction & Development, Inc. Heating & Air Conditioning Licenses: Aspen Heating & Air Conditioning, Inc. Owens Services Corporation Swanson Plumbing & Heating, Inc.