Loading...
1988-05-17 Council minutesPage No. 2328 May 17, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 17, 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 as amended to move items 9b and 9c to the consent calendar. Councilmember Blesener seconded the motion. Councilmember Witt moved approval of the minutes of the April 19th meeting. Councilmember Cummins seconded the motion. Councilmember Blesener the minutes of the May corrections. Councilmember Hartmann moved approval of 10th meeting with seconded the motion. Councilmember Hartmann moved approval of the consent calendar, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the Fire Department monthly report for April. b. Acknowledgment of a letter from Mn /DOT regarding traffic signals at T.H. 13/55. c. Approval of the list of contractor licenses dated May 17, 1988 and attached hereto. Ayes: 5 Nays: 0 PUBLIC COMMENTS Page No. 2329 May 17, 1988 d. Approval of the List of Claims dated May 17, 1988 and totaling $301,184.94. e. Approval of a request from TKDA dated May 9th for authorization to expand the Contel parking lot by 30 parking spaces. f. Acknowledgment of a letter from F.M. Frattalone Company agreeing to extend their bid for Mendota Heights Road improvements through July 5th. Councilmember Cummins seconded the motion. Mr. Frank Fabio was present regarding the moving of a home from Hunter Lane. Mr. Fabio stated that Mr. Cochrane sold him the home and has given him until July 1st to move the structure from the Cochrane lot, but that the Building Inspector has suggested that he get Council approval to delay the moving. Mr. Fabio stated that he hasn't sold the structure yet and has no place to move it to. Administrator Frazell gave the Council a brief background on the issue and recommended that the matter be handled administratively. The Council directed that Mr. Fabio work with staff on the matter. Mrs. Rita Joseph, 1915 Walsh Lane, stated that she has been a resident of Mendota Heights since 1956 and had to do all of her shopping in West St. Paul until the Mendota Plaza was built. She stated that she likes doing business in Mendota Heights and that she hopes the Council will approve the renovation planned for the Center. Mr. Virgil McQuay, 976 Kay, was present regarding development at Marie and Victoria. He stated that sight access at the intersection is unsafe because of the grading at the northeast corner of the intersection. He also stated that there are trees and brush in the ditch which cause poor visibility at the intersection Page No. 2330 May 17, 1988 and asked that something be done to resolve the problems. Mayor Mertensotto stated that Council has asked the County to authorize four -way stop signs at the intersection but that the County has denied the request because the intersection does not meet the County's warrants. Councilmember Blesener asked the Public Works Director to be sure that the grade is reduced on the northwest quadrant and to see that the trees and brush are removed from the right -of -way on the east side of Victoria. Mr. Joe Maeghre was present regarding aircraft noise over the Lexington- Highlands area of the City. He stated that he understands the air corridor issue will be on the MASAC agenda in late June and expressed his frustration that the matter has been delayed so long and there has been no relief from the noise. He asked how long it will take before there is any relief. City Treasurer Shaughnessy stated that the City's MASAC representative, Bernie Friel, had asked that the issue be delayed until the MASAC June meeting because he would be out of town for the May meeting. Councilmember Blesener stated that the Council has adopted a resolution stating the City's position on the matter and that the City of Eagan has also adopted a resolution, and that both resolutions must be presented to MASAC so that the differences between the communities can be resolved. Mayor Mertensotto stated that the Council is as frustrated over the issue as is Mr. Maeghre and that the Council's position on the matter is clear but that Council has no jurisdiction in the matter. Administrator Frazell stated that MASAC will consider the resolutions of both communities in June, but that even if a decision is made at the meeting, it doesn't mean that the planes will change patterns Page No. 2331 May 17, 1988 right away: the issue must still be ) considered by MAC and the FAA. Mr. Frazell stated that the bottom line is that possibly nothing significant will happen this year and that the City will be fortunate if changes are made before next spring. HEARING: CASE NO. 88- Mayor Mertensotto opened the meeting for 09, COPPERFIELD FOURTH the purpose of a public hearing on an app- ADDITION REZONING lication from Copperfield Associates for the rezoning of the Weed property from R-la to R-1, along with consideration of a preliminary plat for the proposed Copperfield 4th Addition. Mr. Dick Putnam, from Copperfield Associates, stated that the Weed property, 9.3 acres of land south of the Montgomery Addition and on the west side of Delaware Avenue, is the final phase of the Copperfield development. Mr. Putnam reviewed the proposed plat, stating that there are 17 proposed lots ranging from 15,000 to over 30,000 square feet in size and that it is proposed that Stone Road in Copperfield and Fieldstone Drive in Copperfield III be connected with a long loop street through the proposed new plat. No access to Delaware is planned. Mr. Putnam informed Council that the same restrictions and covenants placed on the other Copperfield plats will be placed on Copperfield 4 and that the proposed plat is really a continuation of phases 1 and 2 of Copperfield. Mr. Putnam informed Council that members of the audience at the Planning Commission hearing expressed concern over traffic into their neighborhoods because of the loop street. He stated that he felt that if cul-de-sacs were used, they would be too long, and the possible access points to Delaware would be at bad spots in the road. A second concern of the audience, Mr. Putnam stated, was over the existing trees on the site. He stated that one of the things that makes the site unique and different from the balance of Copperfield is the fact that there are some very nice mature trees on the site, particularly along the north border and near the Page No. 2332 May 17, 1988 existing Weed homestead and on the west side. Mr. Putnam pointed out that the reason the plat is configured as it is is to protect the major trees. He informed Council that he will remodel the Weed home and upgrade it, partly because it is a nice home and partly because he does not want to remove the house for fear some of the large maples next to the home would be destroyed. With regard to density, Mr. Putnam stated that Phase 4 provides larger lot sizes than any of the other Copperfield phases, and that in preparing the plat he has tried to be sensitive to the sizes of the lots adjacent to this proposed plat. Mayor Mertensotto expressed objection to the proposed street, stating that it would be a nightmare for snowplowing and an obstacle course for residents. Councilmember Blesener felt that it is a very good street design for a residential neighborhood, designed for the people who will live in the plat. She also asked whether the six points contained in the April 20th report from the Public Works Director had been addressed. Mr. Putnam responded that the six points were incorporated into the Planning Commission recommendation and can be incorporated into the final plat. He stated that he will comply with all six points. Mayor Mertensotto asked for questions and comments from the audience. Mr. Stuart Siebell stated that he is concerned over the density (17 lots is too high), feeling that there is the possibility that it could look like a tract development and that the minimum 18,500 lot size should be larger. He further expressed concern that traffic from the seventeen additional homes will impact Highpoint, Stone and Copperfield Drives, which will be the major routes to the development. He stated that he bought Lot 5 in Copperfield I because it was on a cul- de-sac which went nowhere. He felt that if the plat is approved there should at least be a controlled speed to protect Page No. 2333 May 17, 1988 neighborhood children. He pointed out that 170 additional trips through the neighborhood could be avoided if access to the proposed plat were from Delaware only. Mayor Mertensotto pointed out that Council has no statutory authority to reduce speeds to under 30 miles per hour Mr. Chuck Gilbertson, owner of Lot 5 of the Montgomery Addition, stated that there are drivers on Huber who observe a 35 mile per hour minimum. He stated that much of the traffic goes by at 50 miles per hour, that the speed is very dangerous and there does not seem to be any control. Mr. Gilbertson felt that stop signs should be installed on Huber. Councilmember Cummins pointed out that the Police Department set up speed traps on Huber at Council's request last year and perhaps should do so again. Council discussed the advisability of installing stop signs on Huber and speed limit reductions. Mrs. Virginia Dwyer, 558 Stone Road, stated that the real problem right now is from construction traffic and that the average speed at 5:00 is at least 40 miles per hour -possibly 50 mph on Huber. She felt that enforcing the speed limit and letting the construction traffic know that the speed is being enforced is important. Mrs. Dwyer felt that there should be a stop sign at Huber and Highpoint and at Stone Road and Highpoint. She felt that there should be some additional traffic control at least during construction. Councilmember Blesener felt that Council should pursue a temporary construction access to those lots from Delaware but that she would not want to see permanent access from Delaware. Mr. Putnam responded that there is an existing driveway to the Weed home from Delaware but that it is not of a size to accommodate construction vehicles. He also pointed out that while Mr. Siebell has stated there will be 170 additional trips from the plat daily, even if there were to Page No. 2334 May 17, 1988 be 170 people coming out of the development, not all of the traffic would be going down to Highpoint - people will go in all directions from the plat. He pointed out that there are 178 lots in the total project and that 17 lots is not going to have a significant affect on traffic. He stated that he has talked to the people on Stone Road and they are not interested in a main entrance to Copperfield coming from Delaware at the Weed property. He further pointed out that neither Stone or Fieldstone was intended to be a cul-de-sac. Mrs. Kay Handford, 2244 Highpoint, stated that the traffic issue goes back to the density issue. She stated that residents are also concerned about the preservation of the trees: this is the only remaining wooded area in the Copperfield area. Mrs. Handford stated that only 10 trees are identified on the plat but there are over 200 trees over 28 inches in diameter. She asked how many of the trees will be retained. Mr. Putnam responded that the area where most of the major trees are is on the north property lines and that no grading will be done in that area. He stated that people will work their homes around the trees, pointing out that the buyers will want to retain the trees. He reviewed drawings which showed where grading will occur and pointed out that he has already moved many of the trees which would be lost in grading the balance of the plat. Mayor Mertensotto asked why the streets couldn't be cul-de-sacs -- bring a street in from Delaware ending in a cul-de-sac. Councilmember Blesener stated that the land has been platted around and felt that this is what Council has expected to see all along for the Weed property. She stated that she appreciates the concerns about traffic, has no objection to placing stop signs on neighborhood streets and felt that the City should look at the possibility of stop signs on Huber. She felt that the proposed plat is consistent with the rest of the Copperfield area in terms of lot sizes, roads, and design. Page No. 2335 May 17, 1988 Mr. Putnam pointed out that he would have to do a great deal of grading to provide an access point at Delaware at the existing driveway and would have to do considerable filling. Councilmember Biesener stated that if this would occur, it would cause the elimination of many of the large trees and Fieldstone Drive would then also become a through street which would be very unfair to the property owners on Fieldstone. Public Works Director Daneilson pointed out that Delaware is a County road and that he is not sure that the County would give the City permission for an access. Mrs. Dwyer suggested that the residents would be very happy if Mr. Putnam would just remove two lots. She noted that 6 or 7 lots could be developed under the existing zoning. Mr. Chuck Gilbertson, 542 Huber Drive, stated that he appreciated Mr. Putnam listening to his concerns in the first phase of Copperfield because he did make a transition in the lot sizes and that he appreciates the transition being made in this proposal. He stated that he does have some concern about the transition from the large Montgomery Addition lots to the smaller lots proposed here and the loss of trees. He felt that the proposed density is too high and that although Mr. Putnam has made some allowances in the northeast corner he would like to see lower density with larger lots on the west side of the plat. Councilmember Cummins stated that Mr. Putnam has done a very good job in Copperfield but that in his opinion, two things could have been done better: the homes are too close together in many parts of Copperfield because of the 10 foot setbacks; and, the 30 foot front yard setback appears inadequate. He felt that Planner Dahlgren's suggestion that one lot be removed from each of the properties east and west of the Weed home would be both pleasing to the residents and would result Ayes: 5 Nays: 0 Page No. 2336 May 17, 1988 in an even better looking plat. Councilmember Witt agreed, stating that the transition in lot sizes would be better as well. Planning Commission member Ultan Duggan stated that he voted against the proposed plat because he felt the six or seven lots which would be allowed under existing zoning would be better. He stated that the developer is asking the City to reduce the density from 40,000 to 15,000 square foot lots and the City has a chance to say no to the proposal. He felt that if the number of lots were reduced, the plat would look better. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed at 9:28 P.M. Councilmember Hartmann seconded the motion. Mayor Mertensotto stated that he feels the street design is poor, that the lot frontages are too narrow, and that on these bases and the public comments, he is not in favor of the proposal. Councilmember Cummins stated that he feels the concept is good and that any connection to Delaware would result in significant problems for the Copperfield area. He felt that the transition from the Montgomery Addition could be more appealing if the developer were asked to provide minimum 18,500 square foot lots with a minimum of 100 foot frontages and 130 foot depths, and setbacks of 35 foot front and rear yards and 15 foot sideyards. Councilmember Witt stated that she is concerned about the variances that have been requested in Copperfield and about the front footages and felt that Council has an opportunity to make this a transition area and lower the density. Councilmember Blesener agreed with Councilmember Cummins' comments but felt that the lots are decent size although she felt that Council should try to come up with a compromise. She felt that it is a very good plat and that if what it will Ayes: 5 Nays: 0 CASE NO. 88-13, PASTER ENTERPRISES Page No. 2337 May 17, 1988 take to arrive at a compromise is to move some lot lines, Mr. Putnam should be given the opportunity to think about making some changes before Council takes action on the plat. Mr. Putnam asked Council to give him some standards. He stated that he has submitted a preliminary plat with lots much larger than the other Copperfield Additions. He also asked whether Council would mind if the plat did not connect with Copperfield. Councilmember Blesener stated that it would make no sense not to connect the plats. Councilmember Hartmann stated that the Copperfield development was designed with the intent that this land also would be developed, and that is the reason for the street configuration in Copperfield. He agreed with the City Planner's remarks about reduction in lots. Councilmember Blesener asked whether increasing the lot sizes to 18,500 but still maintaining 17 lots would be agreeable with the Council. Councilmember Cummins noted that Mr. Putnam has been very accommodating of all the requests Council has made of him and that Councilmember Blesener's suggestion would make sense and would meet the standards on lot sizes and setbacks he had suggested. After discussion, Councilmember Cummins moved to table a decision on the rezoning and preliminary plat to the June 7th meeting. Councilmember Witt seconded the motion. Council asked Mr. Putnam to consider reducing the number of lots in the proposed plat as suggested in the Planner's report, and to design the plat so that all lots maintain a minimum 100 foot frontage. Mayor Mertensotto informed the audience that discussion on the Paster Enterprises application for conditional use permit to allow a liquor store in the Mendota Plaza ) Page No. 2338 May 17, 1988 had been continued from the May 10th meeting. City Attorney Tom Hart informed Council that he has met with Paster Enterprises and reviewed the proposed developer's agreement. He reviewed recommended changes in the developer's agreement. Councilmember Cummins asked Mr. Paster for clarification on estimated remodeling costs and exterior colors, asking whether the $125,000 estimate was what is proposed for all of Phase 1. Mr. Paster stated that he is working strictly with architects and they would have to be present to discuss colors. With regard to costs, he stated that $125,000 will not dress up the center and he has no idea of what the costs will be until the architects finish the plans. Councilmember Cummins stated that he wants to make sure the City gets assurances that it will get the quality renovation Paster Enterprises talked about at the last meeting, including assurances that Council will maintain control over types of materials, etc. Councilmember Biesener asked Attorney Hart how the application must be processed, as a new PUD or as a conditional use permit. Mr. Hart stated that if only the renovation of the existing facility is addressed, the PUD process is not required, but if Paster Enterprises wishes to have Council consideration of the total package including Phase 2, the PUD process would apply. Responding to a question from Councilmember Cummins, Mr. Hart stated that the Council can require the right of specific performance in the developers agreement and that the agreement incorporates the representations as to architectural details that have been made by the applicant. Councilmember Biesener expressed concern that the agreement doesn't allow Council any latitude in design and that Council Ayes: 5 Nays: 0 Page No. 2339 May 17, 1988 doesn't know what it is buying since it has not seen any formal plans. Mr. Frisch stated that Mr. Paster wants to get started on the project and will not do anything that will have adverse effects - he wants to do something that will work for the shopping center. He noted that the Council is being more restrictive than Paster Enterprises has experienced in other areas. Mr. Frisch stated that Paster will lose a major tenant (MGM Liquor) unless the conditional use permit is granted and if the tenant is lost there would not be sufficient financing to do the renovation. Councilmember Cummins stated the Paster renovation of the Sibley Plaza and Doddway centers was very appropriate for those areas, but that neither of those designs would be appropriate for the Mendota Plaza as Council envisions the City's downtown area. Mr. Paster, responding to a request for clarification on what renovation Snyders will receive, stated that he is working with Snyders on upgrading the interior, and that the exterior will not be upgraded at this time. There was discussion and agreement over the agreement changes recommended by Attorney Hart. Councilmember Cummins asked what signage is planned for MGM Liquors, and felt that using the word "warehouse" in the store name would present an inappropriate image for the shopping center. Mr. Rick Bowie responded that he would discuss the subject with MGM but that it might not prove to be possible to change the name from MGM Liquor Warehouse. Councilmember Biesener moved adoption of Resolution No. 88-27, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR LIQUOR STORE IN MENDOTA PLAZA SHOPPING CENTER." Councilmember Hartmann seconded the motion. Councilmember Biesener moved to authorize the Mayor and City Clerk to execute the Ayes: 5 Nays: 0 CAR WASH Page No. 2340 May 17, 1988 developer's agreement with Paster Enterprises as amended to incorporate the City Attorney's changes and Council discussion this evening. Councilmember Cummins seconded the motion. The Council acknowledged a memo from the Public Works Director relative to Council discussion continued from May 10th on a request from Mr. Brian Birch to allow construction of a car wash at Dodd Road and Highway 110, along with a letter from Mr. Brian Birch. Mayor Mertensotto stated that Mr. Brich has disagreed with the staff interpretation over whether a car wash is an allowed use for the property. He stated that the question is whether Council wishes to consider amending the B-2 District to allow car washes or whether Council would consider rezoning the property to B-4. Mayor Mertensotto stated that the potential for amending the B-2 uses is doubtful since there is so much B-2 zoning and rezoning to B-4 would be precedent setting. He stated that he likes the idea of structuring the use within a shopping center rather than allowing free-standing car washes, and that it is hard for him to conceive of a car wash with an office building above as Mr. Birch proposes. Mr. Birch stated that there are several similar facilities in the Twin Cities. Councilmember Biesener pointed out that B-2 is a neighborhood business district and that she does not feel a car wash is a permitted use. She stated that the list of permitted uses in the district specifically exclude drive-in facilities and that she personally is not interested in adding a car wash use to B-2 uses or in rezoning the property to B-3 or B-4. Councilmember Cummins stated that since Mr. Birch is looking for informal consensus, he agrees with Councilmember Biesener, and is not interested in either rezoning to B-4 or in making car washes an allowed use in B-2 since they are specifically permitted in TELEPHONE SYSTEM Page No. 2341 May 17, 1988 another district. Councilmember Hartmann agreed. Mr. Birch informed Council that he has asked people in the area and they approve of his proposal. He submitted a petition signed by area property owners. Mayor Mertensotto pointed out that Mr. Birch has not made official application to the Council and is asking only for informal consensus on whether Council would consider upzoning and that consensus appears to be no. He suggested that Mr. Birch apply for zoning amendment or rezoning and go through the formal process if he wishes to have a formal decision from Council. Mr. Birch stated that he is not asking for rezoning but rather for building approval since he feels the car wash is a permitted use in the B-2 district. Councilmember Cummins stated that if Mr. Birch makes application for building permit Council will review it and give him a formal decision as to whether under B-2 the proposed use is a use deemed similar by Council to uses allowed in the district. Attorney Hart stated that there are in his opinion practical differences that render it not similar in use for purposes of the zoning ordinance. Mr. Bill Burke, the City's telephone system consultant, was present to review the proposed specifications for a telephone system for new City Hall. After brief discussion, Councilmember Cummins moved to approve the telephone system bid specifications for new City Hall along with authorization to advertise for bids to be received June 21st. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 STREET LIGHT Council acknowledged and discussed a memo from Public Works Director Danielson regarding a request from Tim Curley for a street light at the City's bike trail located at Lexington and T.H. 110 because Page No. 2342 May 17, 1988 of his concern that the trail is too dark and dangerous at night. Councilmember Blesener stated that her concern is that the whole frontage of the SOS/Curley property on Lexington should not be driveway. She felt that the driveway should be chained off so that there is clear definition of the driveway and bikeway and that installing lighting is not a solution to the problem. She also felt that there should be some obstructions to prevent cycles from using the bike path. Mr. Curley, present for the discussion, stated that when he makes a left turn onto Lexington after work at night, he cannot see because the area is so dark and that he is concerned about pedestrian safety. He stated that he would like to have lights installed at both ends of the trail and informed Council that a light would cost $6.87 per month. Councilmember Blesener suggested that the matter be tabled until there is a solution for cleaning up the area and that movement of the vehicles using SOS, the furniture store and auto repair shop should be controlled. Councilmember Witt stated that she would not object to installing a light as long as it is only a temporary solution and that she would like to see Councilmember Blesener's concerns addressed. Responding to a question from Councilmember Witt, Mr. Curley indicated that there are no concrete plans for redevelopment of the property at this time. Mayor Mertensotto suggested that a light be installed for a year and that the need then be re-evaluated. Councilmember Cummins felt that Council would be setting precedent for lighting bike trails if the request is approved. Councilmember Blesener stated that she does not support the request. Councilmember Witt moved to authorize staff to order a light from NSP to be installed Ayes: 5 Nays: 0 COUNCIL COMMENTS POLICE NEGOTIATIONS ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2344 May 17, 1988 PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR BRIDGEVIEW SHORES." Councilmember Witt seconded the motion. Councilmember Blesener asked that hearings be scheduled later on agendas so that people waiting for discussion on less time consuming, matters do not have to wait until so late in the evening. It was the consensus the the matter should be discussed at the upcoming workshop. Administrator Frazell asked for Council direction on the City's position in labor negotiations ith the police department. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to the June 4th Council/Planning/Park Commission workshop. Councilmember Blesener seconded the motion. TIME OF ADJOURNMENT: 11:25 o'clock P.M. Kathleen M. Swanson City Clerk Charles E. Mertensotto Mayor