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1988-08-16 Council minutesPage No. 2425 August 16, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 16, 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 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. City Attorney Hart recommended corrections to the July 19th minutes. Councilmember Hartmann stated that the vote on the City Hall radio tower was incorrect. Councilmember Blesener moved approval of the minutes of the July 19th meeting with the corrections requested by Attorney Hart. Councilmember Witt seconded the motion. Discussion on the City Hall radio tower action was deferred to later in the meeting. Councilmember Hartmann moved approval of the minutes of the August 2nd meeting. Councilmember Cummins seconded the motion. Councilmember Cummins moved approval of the consent calendar for the meeting, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for July. b. Acknowledgment of the Quarterly Goals Progress Report. Page No. 2426 August 16, 1988 c. Authorization for the Police Department to purchase two NEC cellular phones through the State Purchasing Contract, in the amount of $1,398, the funds to be appropriated from the Emergency Preparedness Fund Balance. d. Adoption of Resolution No. 88 -64, "RESOLUTION APPROVING FINAL PLAT FOR EAGLE RIDGE SUMMIT TOWNHOMES." e. Approval of Partial Payment No. 9 to Joseph Construction, in the amount of $59,366.45 for work completed on City Hall. f. Award of the bid for reconstruction of the Public Works Garage parking lot to Daily & Son for their low bid of $6,400. g. Acknowledgment of the Fire Department monthly reports for June and July. h. Approval of the list of contractor licenses dated August 16, 1988 and attached hereto. i. Approval of the issuance of a 3.2 on- sale beer license to St. Peter's Church for Father Galtier Days. 7 ▪ Approval of the purchase and installation of fencing, to add to the ends of the hockey boards at the Friendly Hills Park, from Midwest Fence for $1,827. k. Approval of the City Policy on Council elections. . Approval of the List of Claims dated August 16, 1988 and totalling $369,625.83. m. Approval of Partial Payment No. 7. to Doody Mechanical in the amount of $17,869.50 for work done on City Hall. Councilmember Witt seconded the motion. Page No. 2427 August 16, 1988 RENAMING FRONTAGE ROAD Mayor Mertensotto informed the audience that the Council has asked the owners of property near new City Hall to attend the meeting and to suggest potential names for the T.H. 110 frontage road. Mr. Roger Jenni, 1203 Highway 110, Mr. & Mrs. Garrity, 1181 Highway 110, and Mr. Bernard Sweet, representing the Beth Jacob Synagogue were present. Mr. Jenni read and submitted a brief letter suggesting that the street be named Madelyn Drive. Mr. Sweet stated that his congregation has suggested the name Community Drive, and a daughter of the Garritys suggested that the street be named Garrity Road since her parents were the first family to build a home on the frontage road and have lived there for 40 years. Councilmember Blesener stated that she has received the suggestions Victoria Curve and Glenhill Road. Mayor Mertensotto stated that Council will consider these and other suggestions which have been received, that all the suggestions will be compiled and Council will attempt to arrive at a street name on September 6th. COPPERFIELD 4 BID AWARD Council acknowledged and reviewed the tabulation of bids received for construction of public improvements to serve the Copperfield 4th Addition. Ayes: 5 Nays: 0 STREET VACATION HEARING Councilmember Cummins moved adoption of Resolution No. 88 -65, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE COPPERFIELD IV (IMPROVEMENT NO. 88, PROJECT NO. 2)," awarding the contract to Ceca Utilities, Inc. for their low bid of $120,868.85. Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Lloyd's Meats for the vacation of street right -of -way at the easterly portion of their property located Ayes: 5 Nays: 0 Page No. 2428 August 16, 1988 north of Mendota Heights Road at Northland Drive. Public Works Director Danielson described the request and right -of -way area and answered questions from the Council. He stated that there will be no intersection with Highway 13 at Perron Road and that the Pabst family owns all of the property north of the right -of -way except the Lloyd's Meats property (described on the associated map as Parcels A and B). Councilmember Blesener asked how someone would get to the southwest portion of the Lloyd's parcel and what will happen if Lloyd's ever sells its property. Mr. Danielson responded that the property will all be served by private roads. Mayor Mertensotto stated that this should be documented in some way so that the City will know what will happen if Lloyd's decides not to expand its facility and sells the property. He stated that what the applicant is asking will landlock his property except for the access to Perron Road. Councilmember Blesener felt that the Council should at least have a planning report that could be added to the record as a basis for making a decision to vacate. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed at 8:11 P.M. Councilmember Witt seconded the motion. It was the consensus of Council that action be tabled to the next meeting, and that a planning report be prepared to tell Council what the applicant is requesting so that Council will have adequate documentation on which to base a decision. Councilmember Blesener stated that it should be stated in the resolution that the landlocking which would be the result of the vacation would preclude any additional development of the landlocked area. HEARING - EASEMENT VACATION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING -- STREET LIGHT ASSESSMENTS Ayes: 5 Nays: 0 Page No. 2429 August 16, 1988 Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed vacation of portions of utility easements over Lots 18, 19 and 20, Mendakota Estates. Mayor Mertensotto asked for questions and comments from the audience. Public Works Director Danielson explained that the final design of the Mendakota Estates plat provided for running sanitary sewer and water lines down the lot lines between Lots 19 and 20 rather than running one of the utilities between Lots 18 and 19. For this reason, he recommended that the easement between Lots 18 and 19 be reduced to 10 feet and informed Council that the developer has granted a 35 foot easement between Lots 19 and 20. There being no questions or comments from the audience, Councilmember Cummins moved that the hearing be closed at 8:13 P.M. Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Resolution No. 88 -66, "RESOLUTION VACATION OF A DRAINAGE AND UTILITY EASEMENT." Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for the industrial /commercial street lighting project. 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 8:15 P.M. Councilmember Blesener seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 88 -67, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR COMMERCIAL DISTRICT STREET LIGHTS TO SERVE MENDOTA HEIGHTS INDUSTRIAL /BUSINESS PARK, MEDALLION Ayes: 5 Nays: 0 1987 AUDIT CASE NO. 88-24 PEYER Page No. 2430 August 16, 1988 INDUSTRIAL PARK, YORKTON CENTRE POINTE SOUTH, AND NORTHLAND PLAZA (IMPROVEMENT NO. 86, PROJECT NO. 11." Councilmember Cummins seconded the motion. Mr. Steve Laible, from Peat Marwick Main, was present to review and answer Council questions on the City's 1987 Annual Financial Report. He discussed the new disclosures and reviewed the status of the enterprise funds. He stated that depreciation has an impact on the utility fund, which has a larger deficit in 1987 (over $200,000) because of depreciation, and stated that he feels it is part of his firm's responsibility to point out that there is an unfunded depreciation. Treasurer Shaughnessy pointed out that the City has a utility reserve fund which was set up to finance rehabilitation of underground facilities. It was recommended that the report be footnoted to reflect that there is a fund, outside of the enterprise funds, which was set up to fund the. depreciation. Ms. Jan Peyer was present to request approval of the division and combination of Lots 1, 2, 3 and 4, Block 1, Cherokee Park Heights, into two lots, which had been tabled from the August 2nd meeting. Mayor Mertensotto stated that Lot A would meet setback requirements, but that proposed Lot B would fall within the 70% lot area requirement but placement of a home on the lot would require a sideyard setback variance. Councilmember Hartmann pointed out that the specific hardship for consideration of the variance and lot division is because of the Eugenia Street right-of-way and the fact that there is an existing house on Lots 3 and 4. He stated that Council would be considering the redistribution of three existing lots into two, and creation of one substandard lot. He further stated that the basis is the fact that Council denied the vacation of the Eugenia right-of-way, which would have provided enough area to make a standard lot of Parcel B. Ayes: 3 Nays: 2 Biesener Witt CURLEY DEVELOPMENT Page No. 2431 August 16, 1988 Mayor Mertensotto stated that a 20 foot sideyard setback variance from the Eugenia right -of -way was requested as part of the application. Councilmember Blesener stated that she does not have a concern with the lot division but does have a concern over the setback variance: if the Council wants to retain the right -of -way for a future street, it should consider that there should be adequate setback should a street ever be constructed. Public Works Director Danielson pointed out that in order to build a normal house on the lot, Ms. Peyer needs a 20 foot setback variance from the right -of -way, because it would be an odd - shaped lot. Mayor Mertensotto pointed out that if the City finds that it doesn't need the right - of -way after the property south of Ms. Peyer's develops, the right -of -way can be vacated, and that he supports the division and variance. Councilmember Biesener stated that she is comfortable with the division request but she does not feel the variance should be approved. After discussion, Councilmember Cummins moved adoption of Resolution No. 88 -68, "RESOLUTION APPROVING THE LOT DIVISION OF LOT 2, BLOCK 1, CHEROKEE PARK HEIGHTS," along with approval of a 20 foot sideyard setback variance along the Eugenia Street right -of -way, on the basis that the purpose is to add property to an existing platted lot, that the new lot meets the 70% requirement of the ordinance, and that the lot will be fully consistent with existing development in the area. Councilmember Hartmann seconded the motion. MR. John Duffy and present to discuss development of the Lexington Avenue /T Mr. Tom Curley were the concept for proposed southeast quadrant of .H. 110. Mr. Duffy Page No. 2432 August 16, 1988 stated that they have not yet submitted an application but are asking for Council input on their proposal. Administrator Frazell stated that staff asked the developers to come before Council because they are proposing a substantial tax increment subsidy and the proposal envisions be some condemnation of land by the City. Mr. Duffy stated that the proposal would be called Lexington Plaza South and would be developed by Lexington Plaza South Partners, which consists of himself, Bill Penney and Tom Curley. He stated that the partners propose a shopping center on the six acre parcel and that the development would consist of a service station and restaurant on the two proposed outlots. He stated that there are tenants lined up but that the partnership doesn't own the entire parcel and would need control of the SOS site. He stated that the partners have negotiated unsuccessfully with the SOS owners and hope that the City would direct its staff to negotiate for the land. He stated that the anchor tenant is Curley Furniture, but that Curleys must sell their building in order to be able to move into the center. He asked that the City acquire the Curley building and the SOS parcel via tax increment funds so that both parcels can be included in the project (the existing Curley building would be torn down.) Responding to a question from Mayor Mertensotto, Mr. Duffy stated that the service station would be a convenience center that will dress up the site. Councilmember Cummins stated that if Mr. Curley is a partner in the proposed development, he would like to know why the City should buy his existing building so that he can financially participate in the development. Mr. Duffy responded that the Curley Furniture Library is needed in the center and Mr. Curley must first sell his building in order to come up with the cash necessary to build in the new center. Page No. 2433 August 16, 1988 Councilmember Cummins stated that it ( ) "floors him" that the developers feel that the City should come in and buy those buildings -- that they might as well ask the Council to make a donation to the project. Mr. Duffy responded that it was acknowledged that this property would be a difficult parcel of property to develop and he thought that was why it was included in the tax increment district. MENDOTA PLAZA Councilmember Blesener stated that it seems appropriate to use tax increment funding but that a Super America type of facility seems totally out of character and that she would not support consideration of a gas station in the development. She suggested that a small professional building would be more appropriate and more in keeping with the neighborhood. Mayor Mertensotto stated that he would think the City would possibly go in and acquire the entire parcel by tax increment and then sell it back to a developer rather than getting involved in piecemeal development. He further stated that he has no interest in approving a gas station across from City Hall. Councilmember Hartmann stated that he would be interested in the City acquiring the entire site and selling it to a developer so that the Council would have control over the total development. Responding to a question from Mayor Mertensotto, Mr. Duffy stated that it would probably cost $300,000 to $400,000 to acquire the property (Curley's and SOS). It was the general consensus that the concept of using TIF to assist in pulling the project together is acceptable. Mr. Ed Paster was present to update the Council on plans for redevelopment of the Mendota Plaza. He showed a rendering of the Plaza, viewed from Dodd and Highway 110, and also presented a color palette. He stated that a sign would be installed to replace the existing sign, along with a Page No. 2434 August 16, 1988 directional sign at the center's entrance and a belitower on the building. With respect to timing, Mr. Paster stated that as soon as Council gives him its approval, he will proceed. Councilmember Biesener stated that she liked the plan until Mr. Paster showed Council the sign band (lettering) on the building. Mr. Paster responded that he believes Council will find in the overall plan that the signs will be attractive. Councilmembers Biesener and Cummins stated that they do not want to see red letters on a white background, as proposed for MGM and Snyders. Mr. Paster responded that the red /white are standards for the Snyders and MGM logos. He stated that he has spent a lot of money and time believes he has a good plan. Mr. Paster further stated that while he is not proposing a Galleria or Buonaventure, he must be able to give retailers what they need, including use of their logos. Mayor Mertensotto agreed, and stated that since Mr. Paster is financing the project, he must make what he considers to be the correct decisions. He also stated that the Council is trying to get the center "upscaled" as much as it can. Mr. Paster felt that the center will be beautiful when done and that the signs will not be offensive. Mr. Paster also responded to questions about the parking lot and landscaping. Councilmember Biesener stated that she is comfortable with everything but the signs and would like to look at a few other centers; she would be willing to support everything but the signage. After discussion, Councilmember Hartmann moved to authorize staff to issue a building permit to Paster Enterprises consistent with what was presented this evening. Councilmember Witt seconded the motion. Ayes: 3 Nays: 2 Biesener Cummins CURLEY TOT LOT Page No. 2435 August 16, 1988 Council acknowledged receipt of the proposed agreement for development of the Curley Addition tot lot. Mr. David Ayers, present for the discussion, stated that he has reviewed the proposed agreement and suggested some amendments and changes to Public Works Director Danielson. Mayor Mertensotto pointed out that the City reserves the right to terminate the agreement if the Association fails to maintain the property and facilities, and to remove the facilities for relocation to another park (item 7). After discussing the issue, it was agreed that this item should be amended to read "the City may remove the facilities." Mr. Ayers stated that he would like to see item 4 changed to read that the City will purchase the play structure, with the City cost limited to $4,000, so that the Association can add money of its own if it chooses to. The Council discussed the need for staff coordination of installation. Councilmember Blesener asked about liability insurance for the association. Mr. Ayers stated that the association agrees that it has exposures but that such insurance would cost about $1,000, and suggested that the City simply name the Valley View Heights Civic Association as a named insured on its policy. Attorney Hart stated that his only question would be whether doing so would be precedent setting. He stated that at the present time there would probably be no cost to the City to add the Association as a named insured, but that he would like to add a reimbursement clause to the agreement which would stipulate that the Association will reimburse the City for any cost it may incur to name the Association as a named insured. Councilmember Witt stated that she opposes the idea, that the Council would be setting a precedent in the whole issue, and she objects to the entire tot lot proposal. G &L ASSESSMENT ROLL Ayes: 5 Nays: 0 Page No. 2436 August 16, 1988 Mayor Mertensotto stated that the City does not have the obligation to provide insurance coverage on behalf of the association, and asked why the City should have insurance that may some day be prohibitive. Councilmember Cummins stated that what is likely, in the event of an accident, is that someone might look to the homeowners Association and find there is nothing available, and then would look to the Association's directors. Councilmember Blesener stated that she disagrees with the Mayor's comment, since this is a City park and the City has the right to the property and facilities in the future if the Association doesn't maintain it. Mayor Mertensotto stated that the City should write into the contract that the City is not obligated to provide insurance, although in fact it could do so. Mr. Ayers stated that he is looking to the City for protection, and that if the City named the Association as an insured, the Association will reimburse the City for any cost incurred for naming them as an insured. Administrator Frazell stated that staff will discuss the matter with the City's insurer. Item 8 was amended to read "In the event that Valley View Heights Civic Association initiates..." Councilmember Cummins moved adoption of Resolution No. 87 -69, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS AND CURB AND GUTTER IMPROVEMENTS TO SERVE NORTHLAND PLAZA ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 85, PROJECT NO. 3.)" Councilmember Hartmann seconded the motion. PERSONNEL Ayes: 5 Nays: 0 CITY HALL SMOKING POLICY Ayes: 4 Nays: 1 Witt CITY HALL TILE Ayes: 3 Nays: 2 Mertensotto Hartmann RADIO TOWER Ayes: 5 Nays: 0 Page No. 2437 August 16, 1988 Councilmember Cummins moved to approve the permanent appointment of Larrie Mack as Police Sergeant, retroactive to August 3, 1988. Councilmember Blesener seconded the motion. Council discussed the proposed smoking policy for new City Hall. Councilmember Witt felt that smoking should not be allowed anywhere in the building. Councilmember Cummins moved that new City Hall be designated non-smoking except for the private offices. Councilmember Blesener seconded the motion. Council discussed a proposed change order to provide for the replacing of some of the carpeting in the City Hall lobby area with quarry tile. Mayor Mertensotto stated that tile would be more slippery than carpeting and expressed concern that someone might fall if the tile were wet. Councilmember Blesener moved approval of a change order to authorize the substitution of quarry tile for some of the carpeting in the lobby in new City Hall, at a cost of $1,937. Councilmember Cummins seconded the motion. Councilmember Hartmann stated that he had voted in the negative on the City Hall radio tower issue on July 19th and that the minutes incorrectly recorded a yes vote for him. Councilmember Hartmann moved to reconsider the July 19th action relative to installation of a mono-pole at City Hall. Mayor Mertensotto seconded the motion. Councilmember Blesener moved to authorize the installation of a mono-pole radio tower at City Hall. Councilmember Witt seconded the motion. Page No. 2438 August 16, 1988 Ayes: 3 Nays: 2 Mertensotto Hartmann COMMISSION APPOINTMENT The Council acknowledged letters from residents interested in appointment to the Planning Commission. It was Council consensus that Council conduct interviews with the applicants on September 6th at 6:30 P.M. PARK MATTERS ADJOURN Ayes: 5 Nays: 0 Councilmember Blesener reviewed the recent Park and Recreation Commission meeting discussion on the park plan and expressed her disappointment with the plan prepared by Barton-Aschmann. She suggested that the whole project be tabled until there is a person on staff who can monitor and coordinate things. She stated that, after seeing the plan, the City had wasted its money, nd recommended that Council direct Barton-Aschmann to stop work, send the City a bill for what has been done to date, and that the City retain the option to cancel the contract. Administrator Frazell stated that he will talk to Barton-Aschmann and request that they do no further work until notified to do so. There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned to the August 30th budget meeting. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 10:58 O'clock P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS. TO BE APPROVED BY CITY COUNCIL ON AUGUST 16, 1988 Concrete Licenses: Dakota Rhodes Masonry Viking Concrete and Masonry Excavating Licenses: Marty Brothers Excavating S.J. Dahn Trucking & Excavating, Inc. Gas Piping License: Palmer Service Electric General Contractor Licenses: G.S. Meichelr Construction Gene's Home Care and Repairs Mueller Construction Heating & Air Conditioning Licenses: Palmer Service Electric R.H. Heating & Air Conditioning, Inc.