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1988-09-06 Council minutesPage No. 2377 September 6, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 6, 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 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 Councilmember Blesener moved adoption of the revised agenda for the meeting as amended to delete item 9a, Planning Commission appointment. Councilmember Hartmann seconded the motion. APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the August 16th meeting with ( correction. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Witt moved approval of the consent calendar for the meeting along with authorization for execution of all necessary items contained therein. a. Acknowledgment of the Code Enforcement monthly report for August. b. Acknowledgment of the minutes of the August 23rd Planning Commission meeting. c. Acknowledgement of a memo from the Public Works Director and a proposal from Barr Engineering to the Lower Mississippi River WMO for preparation of the Ivy Falls Creek drainage feasibility study. d. Approval of an application (Case No. 88-32), from Mr. Fred Erickson for a 5 foot wetlands setback variance to allow Page No. 2378 September 6, 1988 construction of a deck 95 feet from the wetlands area at 891 Mendakota Court. e. Acknowledgement of a tabulation of informal quotations for painting the Public Works Garage, and award of a purchase order to Kraus-Anderson Construction Company for their low bid of $5,845.00. f. Approval of the list of contractor licenses dated September 6, 1988 and attached hereto. g. Approval of the list of claims dated September 6, 1988 and totalling $210,806.93. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mrs. Joan Strot, 743 Decorah, submitted a letter requesting that the Council adopt a noise ordinance, and submitted copies of West St. Paul's noise ordinance as an example. Mrs. Strot cited noise from construction and construction vehicles as the types of noise which are objectionable, and she asked why contractors using Decorah to get to Copperfield are not fined. Public Works Director Danielson responded that when Copperfield First Addition was first developing, the City required contractors to post a $1,000 escrow, from which any fines for using Decorah were to be deducted, but that the City stopped requiring the escrows when the access into Copperfield was developed. After discussion, Council referred the request to staff and directed that Mrs. Strot be advised when the matter is to be placed on a Council agenda. CITY HALL STREET NAME Council acknowledged a list of suggested names for the renaming of the T.H. 110 Frontage Road. Councilmember Blesener suggested that the street be named Victoria Curve. Councilmember Witt felt that the name should reflect "community". Ayes: 3 Nays: 2 Mertensotto Witt CASE NO. 88 -31, KUROSS Page No. 2379 September 6, 1988 Councilmember Blesener moved that the T.H. 110 Frontage Road be renamed Victoria Curve. Councilmember Cummins seconded the motion. Mr. Art Kuross was present to request approval of the preliminary plat for the subdivision of property located north of Orchard Place and west of Lexington Avenue. Mr. Kuross indicated that he owns the land on which Blocks 1 and 2 are to be platted and Mr. Vaidis Mikelsons owns the proposed 4 -lot Block 3 although he does not plan to develop those lots at this time. Mayor Mertensotto asked why the road does not run all the way to Lexington, and expressed concern that Mr. Mikelsons would not be able to further develop Lot 5 of his land because there would be no access to this property. Mr. Kuross stated that there is a curbed driveway all around Mr. Mikelsons' existing home and that the property owner adjacent to the Mikelsons land (Mr. Hughes) is not at all interested in developing his property. He also explained that there is a steep hill on the Mikelsons Lot 5 and that the only potential for developing this lot would be for a single lot facing Lexington. Councilmember Blesener felt that Council should be more concerned over development of the back of the Hughes property. Mr. Kuross responded that Mr. Hughes has absolutely no interest in developing his land but that if he chooses to at some time in the future, Mr. Hughes can gain access to his land from either Lexington or Orchard. Mayor Mertensotto stated that the private driveways into the subdivision are contrary to City ordinances. Mr. Kuross stated that he feels he has done a good job of opening up landlocked property and that the private driveways as proposed were recommended by City staff. Councilmember Blesener stated that while she is not concerned over the lot private drives she would like it recorded that the current property owners Ayes: 5 Nays: 0 Page No. 2380 September 6, 1988 agree to the platting knowing that their properties will be landlocked. Mr. Kuross stated that Mr. Hughes has access from Lexington and Orchard and so does the Mikelsons property. He pointed out that he has tried to get Mr. Hughes to participate in the platting but that Mr. Hughes has absolutely no interest and wants to develop his land for his own personal use only. He informed Council that Mr. Hughes also owns the (former) Ivar Mikelsons land and that the driveway to Mr. Hughes home will be across this lot. Public Works Director Danielson confirmed that Mr. Hughes does not want to be involved in the development. Councilmember Blesener felt that there should be some type of signed statement from the property owners. She stated that while she believes Mr. Kuross has done the best he can with the site, her only concern is that a notice should be sent to Mr. Mikelsons and Mr. Hughes about the landiocking which would ask them for a signed agreement. Councilmember Blesener moved approval of the preliminary plat for the Kuross subdivision on the condition that the City receive written consent from the property owners to the east outlining the nature of the plat and stipulating that those owners agree with the platting knowing that they will be restricted in the future development of their properties to the extent, that those properties do not front on a public roadway. Councilmember Witt seconded the motion. With respect to a request from Mr. Kuross for preparation of a feasibility study, Mayor Mertensotto felt that the study should be held up until the agreements from Mr. Mikelsons and Mr. Hughes have been received. Council briefly discussed a memo from the Public Works Director regarding the naming of the plat and the public street located within the plat. Ayes: 5 Nays: 0 CASE NO. 88 -33, EAGLE POINT Page No. 2381 September 6, 1988 Mr. Kuross stated that he will submit the required engineering escrow and park contribution. Councilmember Biesener moved approval of the proposed plat name "Val's Addition," and the proposed street name "Orchard Circle, along with adoption of Resolution No. 88 -70, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR KUROSS SUBDIVISION," as amended to include a new paragraph 3 stipulating that the developer be required to submit a $1,500 engineering escrow deposit. Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the C.G. Rein Company for an amendment to the Eagle Point Planned Unit Development conditional use permit. Mr. Ted Zinner, representing the C.G. Rein Company, stated that the 27 unit Eagle Point Condominium development has been operating for five years and that the PUD was originally approved for two phases of 27 units each and a common area. He stated that the first phase was slow in selling out, that the C.G. Rein Company has purchased the last three units and the adjoining, second- phase, property from the original developer. He informed Council that it has taken his firm over a year to sell the three units and that a marketing survey has brought the Rein Company to the conclusion that there really isn't a demand for condominiums. The Rein Company wants to develop the property and be consistent with the existing facility, and is proposing to develop a new structure with a footprint of about 40% of the existing. Mr. Zinner stated that the building will mimic the original except in size, and informed Council that the homeowners association supports the proposal. He informed Council that the building will contain seven condominiums, one on the third floor and three on each of the other two floors. He stated that the only variance requested from the original PUD is that the number of units be reduced from 27 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 88-34, TOUNTAS Page No. 2382 September 6, 1988 to 7; the facade treatment and roof pitch will be the same as the existing building. Councilmember Witt asked whether the developer will come back asking for additional units if the market changes. Mr. Zinner responded that the Rein Company is not retaining any property rights so it could not ask for additional units in the future, and also that the company has no desire to come into the condominium market and will deed over all rights to the homeowners association. Responding to a request from Mayor Mertensotto, Mr. Zinner stated that he will get a copy of the homeowners association resolution which supports the proposed PUD amendment. 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 8:32 P.M. Councilmember Blesener seconded the motion. Councilmember Witt moved approval of the amendment to the Eagle Point Planned Unit Development conditional use permit to reduce the number of units from 27 to 7, conditioned upon receipt of a copy of the approving resolution from the Eagle Point homeowners association and subject to approval of the project landscaping plan by City staff. Councilmember Hartmann seconded the motion. In response to a question from Mayor Mertensotto, Mr. Zinner stated that there will be two underground parking spaces provided for each unit and that outside parking spaces will be the same as in the original PUD. Councilmember Cummins moved approval of a 3.5 foot variance from the front yard setback at 828 Deer Trail Point, Lot 5, Block 1, Deer Trail Hills, to allow construction of a garage 26.5 feet from the Ayes: 5 Nays: 0 CASE NO. 86-33, BRAINARD Ayes: 5 Nays: 0 Page No. 2383 September 6, 1988 front property line, along with waiver of Planning Commission review. Councilmember Cummins seconded the motion. Mr. Donald Brainard, 1705 South Victoria, was present to request approval of an 11 foot 2 inch variance from the established area front yard setback. After brief discussion, Councilmember Blesener moved approval of an 11', 2" variance from the established frontyard setback for 1705 South Victoria, to allow construction of a garage 40 feet from the front property line. Councilmember Hartmann seconded the motion. VALLEY VIEW PLAYGROUND David Ayers, President of the Valley View Civic Association, was present regarding the proposed contract for development of Lot 10, Block 1 oF Curley's Valley View Addition as a playground. Ayes: 4 Nays: 1 Witt ARRT BUILDING After brief discussion, Councilmember Blesener moved approval of the Contract for Park Development along with authorization of its execution by the Mayor and City Clerk. Councilmember Cummins seconded the motion. Mr. Victor Perlbach, of Design Partnership, Ltd., was present to request approval of a building permit for a proposed American Registry of Radiologic Technologists (ARRT) building proposed to be constructed on Lots 6 and 7, Block 4, Mendota Heights Industrial Park, along with a variance from the parking space requirement. Mr. Perlbach reviewed drawings and interior and exterior design plans for the Council and audience. He stated that the exterior will be grey face brick with limestone trim details. He stated that the occupancy of the building will be 16 employees, with no foreseeable increase beyond a total of 25 to 26 employees in the future. He indicated that the firm has provided 36 parking stalls which should be more than Page No. 2384 September 6, 1988 adequate for future needs but that the plan does show proof of parking for 155 stalls which could be accomplished if future needs dictate. Councilmember Blesener stated that the landscaping plan would make adding even 10 stalls a very difficult chore. She stated that she would like to see some amount of expanse shown on the plan, at least providing some open space for future parking space expansion. Councilmember Hartmann agreed, stating that the landscaping (parking) plan should be revised so that parking could be provided in the future without disrupting in -place landscaping. It was noted that the applicants are requesting a variance from the sign setback requirement to allow installation of a ground sign 20 feet from the property line, consistent with signage in the industrial park. Mr. George Burkhards, from United Properties, stated that he does not believe it would be a problem for Mr. Perlbach to prepared a revised landscape plan as requested and also that United Properties has no objection to the reduced number of parking spaces proposed to be constructed. Councilmember Blesener moved approval of a building permit for the proposed ARRT facility along with approval of the ground sign as submitted, subject to the understanding that the applicants must submit a revised parking plan to Council for its approval on a future consent calendar. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 PABST STREET VACATION Mr. Tim Pabst was present regarding continued Council discussion on his request for the vacation of a portion of the right - of -way adjacent to Lloyd's Meats. Mr. Pabst reviewed the proposed vacation area in relation to the platting of the property which was approved a short time ago. He stated that the Pabst family will retain TH 110/LEXINGTON Page No. 2385 September 6, 1988 Lot 1, which has access, that Lloyd's property has access and that the FotoMark outlot has access. He informed Council that he has dedicated 40 feet of right-of- way for Perron Road to the City. Councilmember Hartmann stated that he is concerned about the Linville property and that he does not believe that Mr. Linville was willing to give more right-of-way than what already existed. He asked whether there is room for Mr. Linville to dedicate as additional right-of-way from his subdivision. Mayor Mertensotto suggested that action be tabled to September 20th and that staff prepare a report explaining the background and researching the Perron Road right-of- way issue. The matter was tabled to September 20th. The Council acknowledged and discussed a memo from the City Administrator relative to the market concern over the proposed Lexington/T.H. 110 redevelopment project. Mr. John Duffy and Mr. Tom Curley were present for the discussion. Mr. Duffy agreed that a market study would be a good idea and indicated that he has hired a much more detailed demographic study than would be received in a market study. He stated that the demographic study is much more important to the developers in determining what to construct. He stated that what this study determined was that a convenience center is needed, and that the developer had spent 9 months on the project before bringing it to Council and have submitted a proposal which the developers and their lenders are comfortable with. Mayor Mertensotto pointed out that the City is being asked to contribute $300,000 to $400,000 in tax increment money and that Council needs to know that its investment would be responsible. He further stated that Council needs assurance that the development would generate $85,000 per year in taxes. FIRE DEPARTMENT Page No. 2386 September 6, 1988 Mr. Duffy stated that he believes the timing is right for development of this corner and that his market study indicates a convenience center is appropriate if Council agrees with Mn/DOT over location of the frontage road. He stated that prior to the initial Council discussion on the matter, no one had indicated that a convenience center would be inappropriate for the corner. He informed Council that the developers have banking, fast-food, hardware, video rental, furniture, paint and wallpaper, day care and restaurant prospective tenants for the development. Mayor Mertensotto felt that Council should pursue the Administrator's recommendation that a City market study be commissioned. Councilmember Blesener agreed that the City should commission a study so that the Council has an independent verification that the proposed center has viability. Administrator Frazell stated that he is impressed by the depth of the work the applicants have done but that he is concerned that there is no indication of who the anchor tenant will be. Mr. Duffy responded that Curley Furniture would be housed in 14,000 square feet of the 32,000 square foot total and that a banking facility would use 2,000 square feet. Mayor Mertensotto stated that the City needs an independent evaluation of the proposal and to determine what options and alternatives are available if the gas/convenience facility is eliminated by Council. Councilmember Blesener felt that more input is necessary on use of tax increment monies by other cities. It was the consensus of Council that the City commission an independent study to evaluate the proposal, excluding the suggested use for Outlot A. Chief Maczko and members of the Fire Department were present and discussed the proposed Fire Department Rules and Regulations with the Council. LMC POSITION PAPER ADJOURN Ayes: 5 Nays: 0 Page No. 2387 September 6, 1988 There was discussion over the mixing of the Fire Relief Association/Fire Department activities. Administrator Frazell agreed, stating that it must be made very clear in the document that the Treasurer is really the custodian of the Relief Association funds. There was also discussion over the proposed language relative to the hiring and firing of firefighters and references to use of intoxicants. After discussion, Council directed that the proposed regulations be referred to Attorney Hart for review. Councilmembers Hartmann and Blesener asked that a meeting be set for continued discussion of capital budgeting with Chief Maczko. Council acknowledged and concurred in the recommendations of Administrator regarding the League of Minnesota Cities' position on legislative issues. There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 10:43 o'clock P.M. riathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor