Loading...
1988-05-10 Council minutesPage No. 2317 May 10, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meetig Held Tuesday, May 10, 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 CONSENT CALENDAR Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of the minutes of the May 4th Election Canvassing Board meeting. Councilmember Blesener seconded the motion. Councilmember Witt moved approval of the consent calendar, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for April. b. Acknowledgment of the minutes of the April 26th Planning Commission meeting. c. Acknowledgment of the minutes of the April 12th Park Commission meeting. d. Acknowledgment of the resignation of Ken Noack from the Volunteer Fire Department. e. Approval of the permanent appointment of Kimberlee Blaeser as Secretary. Ayes: 5 Nays: 0 BID AWARD SIBELY HEIGHTS Ayes: 5 Nays: 0 Page No. 2318 May 10, 1988 f. Approval of the permanent appointment of Nancy Platz as Receptionist /Clerk- Typist. g. Acknowledgment of the Treasurer's monthly report for April. h. Approval of Partial Payment No. 4 to Doody Mechanical for $49,210.00 for work completed on City Hall. i. Approval of Partial Payment No.3 to Thomas Electric for $20,900.00 for work completed on City Hall. Approval of Partial Payment No. 6 to the Joseph Company for $141,403.70 for work completed on City Hall. k. Acknowledgment of a letter from the State Revenue Department regarding property valuation increases. 1. Approval of the list of contractor licenses dated May 10, 1988 and attached hereto. 7 m. Approval of the list of claims dated May 10, 1988 and totaling $123,652.21. Councilmember Cummins seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 88 -22, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE SIBLEY HEIGHTS (IMPROVEMENT NO. 87, PROJECT NO. 5)," awarding the contract to Annandale Contracting, Inc. for its low bid of 125,595.16. Councilmember Cummins seconded the motion. There was brief discussion on the status of the Southeast Area bid award and the processing of the Centex Indirect Source Permit application. NORTHLAND LAND Ayes: 5 Nays: 0 VICTORIA HIGHLANDS Ayes: 5 Nays: 0 DOG ORDINANCE Page No. 2324 May 10, 1988 was present to request approval of the preliminary plat for the Mendota Heights Busienss Park Addition (former MAC property) located at Pilot Knob Road and Lemay Avenue. Mr. Glowa briefly reviewed the plat consisting of 12 industrial lots. He stated that it is planned that the plat be handled on an outlot basis to be parceled out as property is sold. He stated that plan has been adjusted to increase the Lemay Court right-of-way to 80 feet as was requested by the City. Mr. Glowa then answered questions and comments from the Council. Councilmember Blesener moved approval of the preliminary plat of the Mendota Heights Business Park Addition. Councilmember Hartmann seconded the motion. The Council acknowledged and briefly discussed the plans and specifications for improvements to serve the Victoria Highlands plat. Councilmember Blesener moved adoption of Resolution No. 88-25, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE VICTORIA HIGHLANDS (IMPROVEMENT NO. 87, PROJECT NO. 7)," bids to be received on June 2nd. Councilmember Witt seconded the motion. Councilmember Cummins moved adoption of Ordinance No. 256, "AN ORDINANCE AMENDING ORDINANCE NO. 1301, 'AN ORDINANCE REGULATING DOGS AND CATS, PROVIDING FOR THE LICENSING OF DOGS AND CATS AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF." Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 FINANCING Council acknowleged and discussed a report and recommendation from the City Treasurer regarding financing. MARRIOTT LIQUOR LICENSE RENEWAL Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 88-08, EAGLE RIDGE SUMMIT Page No. 2319 May 10, 1988 Mayor Mertensotto opened the meeting for the purpose of a public hearing on the Marriot Courtyard Hotel's application for renewal of its Limited Service Hotel On- Sale and Special Sunday On-Sale liquor licenses. Council briefly discussed a memo and recommendation from the City Clerk. 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 Hartmann seconded the motion. Councilmember Cummins moved to approve the renewal of on-sale limited service hotel and Special Sunday on-sale liquor licenses for the Courtyard by Marriott Hotel. Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of the preliminary plat for the replatting of Lots 10 and 11 of the Eagle Ridge Summit Second Addition as submitted by Jesco, Inc. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CASE NO. 88-10, HOWE Councilmember Cummins moved approval of a 6.5 foot sideyard setback variance to allow construction of an addition at 539 Hiawatha Avenue 3.5 feet from the west property line. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 88-12, Councilmember Blesener moved approval of a STREBIG five foot sideyard setback variance at 1421 Clement to allow construction of a garage addition five feet from the side property line. Ayes: 5 Nays: 0 CASE NO. 88 -14 SCHAEFER Ayes: 5 Nays: 0 CASE NO. 88 -16, KILEY Ayes: 4 Nays: 1 Blesener Page No. 2320 May 10, 1988 Councilmember Witt seconded the motion. Councilmember Blesener moved approval of wetlands permit to allow construction of a new home on Lot 3, Block 1, Spring Creek Acres, 75 feet from the wetlands area. Councilmember Hartmann seconded the motion. Mr. Scott Kiley was present to request approval of a 15 foot front yard setback variance to allow construction of a detached garage 15 feet from the front property line at 716 Spring Creek Circle. Councilmember Blesener stated that she opposes the variance. Councilmember Witt stated that she can appreciate the problem with Dodd Road and that she has seen the plantings that have been installed and has no concern. Councilmember Cummins stated that he could agree if the variance is reduced to ten feet and if two additional fifteen - foot pine trees of a similar variety as those already on the property are planted. He stated that he is concerned that Mr. Kiley should immediately put in a good screen along Dodd. Mr. Kiley stated that he has had a contractor install about $1500 worth of plantings along Dodd and that the garage will not sit up as high as it may appear. He agreed to install tg.0 additional ten to fifteen foot trees. Councilmember Cummins moved to grant a 10 foot variance from the front yard setback at 716 Spring Creek Circle with the proviso that the applicant plant two additional large trees consistent with the existing planting on the property to screen the garage from Dodd Road. Councilmember Witt seconded the motion. AIRCRAFT NOISE Page No. 2321 May 10, 1988 Council acknowledged and discussed a proposed resolution on the City's position on the aircraft flight corridor. It was the consensus that items 1 and 2 be renumbered as la and lb and that "centerline" be inserted before "runway" in the second line of item 1. Councilmember Blesener moved adoption of Resolution No. 88-24, "RESOLUTION CONCERNING MENDOTA HEIGHTS/EAGAN AIRCRAFT FLIGHT CORRIDOR," with corrections. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 LICENSING The Council acknowledged and briefly discussed a memo and proposed amendment to the contractor licensing ordinance. Staff was directed to further research the recommended limits on property damage. HEARING -- CASE NO. Mayor Mertensotto opened the meeting for 88-13 PASTER ENTER- the purpose of a public hearing on an PRISES application for conditional use permit for a liquor store in the Mendota Plaza. Mr. Edward Paster and Mr. Gerald Frisch, representing Paster Enterprises, were present for the discussion. Mr. Frisch distributed a letter from Paster expressing the intent of the firm to renovate the existing 55,000 square foot facility and to add Phase 2, 45,000 square feet. Mayor Mertensotto stated that he understands that Mr. Paster is talking about changing the front of the center and creating individual store fronts, etc. Mr. Paster responded that he intends to create a boutique, upscale appearance, that Snyders will be left as it is on the exterior and that the interior will be remodeled. He stated that he has a contract with MGM Liquors, a lease agreement in which Paster Enterprises has obligated itself to remodel the shopping center as planned for Phase 1 within 12 Page No. 2322 May 10, 1988 months. He stated that he intends to remove the existing pylon and replace both it and the pylon at the Dodd Road entrance. With respect to Phase 2, Mr. Paster indicated that after a grocer is in place and he has a firm commitment from a soft goods firm, Phase 2 will commence. Mr. Ron Krank, architect for the project, stated that the center was built in 1970 and has had very little upgrading since. He informed Council that Paster hired his firm about a year and a half ago to study the center and come up with enhancements. He explained that Phase I will include removing the existing enclosure and showed Council a pallette of materials and colors which will be used in the renovation. He also discussed landscaping which will be installed to enhance the appearance of the building. Responding to Councilmember Hartmann, Mr. Krank stated that either u-shaped or 1- shaped enclosures will be installed to screen the five large rooftop mechanical units. Councilmember Blesener noted that one of Paster's sketches shows the extension of South Plaza across T.H. 110 and asked whether Phase 2 is contingent upon the extension. Mr. Paster stated that he would like to see the extension made but the plan is not contingent on it. He pointed out that he is a resident of the community and is interested in the appearance of the center, and that he is ready, willing and able to correct the problems. He stated that he is categorically and emphatically going to do the remodeling within 12 months and that he would be willing to provide whatever assurance the City would wish, such as a letter of credit, to prove that the remodeling will occur within 12 months. Mayor Mertensotto asked for questions and comments from the audience. Ayes: 5 Nays: 0 Page No. 2323 May 10, 1988 There being no questions or comments, Councilmember Hartmann moved that the hearing be closed at 8:43 P.M. Councilmember Blesener seconded the motion. Mayor Mertensotto pointed out that there is an application pending from MGM Liquors which is a separate matter requiring hearing. Councilmember Blesener stated that she feels the design needs to go back to the Planning Commission. Administrator Frazell stated that because of the potential size of the project, it should be done as a PUD and that the hearing this evening is to determine whether the City is willing to issue a conditional use permit for a liquor store before the renovation is completed. Councilmember Cummins suggested that a decision be delayed for at least a week so that legal counsel for Paster can develop a letter of intent and so that the City Attorney can study the lease agreement between Paster and MGM and explore options to provide the maximum assurance that the project will go forward. Mr. Paster stated that his goal is to get the tenant in place and that he is willing to give any assurances the City would like that he will perform the renovation. He felt that a PUD process is not necessary for the Phase I remodeling. Staff was directed to do more research on whether a PUD is necessary. After discusison, Councilmember Blesener moved that the matter be continued to May 17th. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 CASE NO. 88-11, Mr. Dale Glowa, from Northland Land Ayes: 5 Nays: 0 IVY CREEK CORNICK WATERMAIN Ayes: 5 Nays: 0 CAR WASH REQUEST Page No. 2325 May 10, 1988 Councilmember Hartmann moved adoption of Resolution No. 88 -26, "RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING $1,350,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 AND PROVIDING FOR PUBLIC SALE OF $2,525,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988," the sale to be conducted on June 21st. Councilmember Blesener seconded the motion. It was the consensus of Council that an informal hearing be conducted at 7:00 p.m. on June 6th to discuss Ivy Creek improvements with affected property owners. Councilmember Hartmann moved adoption of Resolution No. 88 -27, "RESOLUTION ACCEPTING ENGINEERS REPORT AND CALLING FOR HEARING ON PROPOSED WATER EXTENSION IMPROVEMENTS TO SERVE 1176 SIBLEY MEMORIAL HIGHWAY AND ADJACENT AREAS (IMPROVEMENT NO. 87, PROJECT NO. 6)," the hearing to be held on June 7th. Councilmember Witt seconded the motion. Mr. Brian Birch was present requesting that Council give him an informal reading on their sentiment for rezoning his property at Dodd Road and Freeway Road so that he can construct a car wash. Mr. Birch reviewed his proposal He stated that his property is zoned B -2 and that he believes a car wash is a permitted use in B -2 districts as he interprets the Zoning Ordinance and based on jurisprudence citations. He pointed out that the majority of the uses surrounding his property are non - residential and that he keeps the interest of the City uppermost in his mind. He stated that he believes the facility would provide a good service and would be a good looking facility . He felt that the Planning Commission is biased because of the City Planner's reasoning. Mayor Mertensotto stated that Mr. Birch is here to get direction in which way to CITY HALL Page No. 2326 May 10, 1988 go before he files an application. He further noted that Mr. Birch seems to have some question of whether this is a permitted or conditional use in the B-2 district and that this is a question the Council cannot answer this evening since Council does not have sufficient background to make this determination. Mayor Mertensotto suggested that the matter be tabled pending receipt of a staff report on whether the use is permitted in B-2 Districts. Administrator Frazell stated that B-2 is neighborhood commercial and B-3 is general commercial, and that car washes are currently permitted uses only in B-4 districts. He suggested that there are three options: Council can entertain an application to allow car washes in B-2 districts; rezone the property to B-4; rezone to B-3 and amend the ordinance to allow car washes in B-3 districts. He pointed out that a car wash is clearly not an allowed use in B-2 districts. Staff was to prepare a clarification for discussion at the May 17th meeting on whether the zoning is proper. City Hall interior design consultant Suzanne Ilten was present to review the color pallette and proposed furniture layout for new City Hall. She stated that the layout represents the total master plan for the facility and would cost approximately $150,000. Administrator Frazell stated that the City Hall subcommittee is meeting weekly and will prioritize the furnishing purchase plan. Several Council members indicated that the woodtone is toodark and that the wood on the ceiling in the Council chambers should be more of a natural tone rather than white. LOGO Council acknowledged a memo from the City Administrator regarding proposals received from two City residents for preparation of a City logo. Staff was directed to request a formal proposal ( PARK REFERENDUM SYNAGOGUE Page No. 2327 May 10, 1988 from Ms. Huspek and that both proposals will be given consideration. Council acknowledged and discussed a report from the City Administrator regarding the park bond referendum and Centex Developer's Agreement on purchase of Southeast Area park property. After discussion, it was Council consensus that the matter be discussed at the joint workshop to be held on June 4th and placed on the June 7th regular meeting agenda. Mayor Mertensotto informed Council that he has received a request from Beth Jacob that the City place an ad in its bulletin. He stated that while it would be inappropriate for the City to contribute anything for advertising, individual Council members would perhaps like to contribute something. After discussion, Administrator Frazell was directed to respond that the City cannot expend public funds to participate but would be happy to send a letter of welcome to the congregation. CONTRACT NEGOTIATIONS Council discussed the police contract negotiations and gave direction to the City Administrator. ADJOURN Ayes: 5 Nays: 0 ATTEST: There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Cummins seconded the motion. TIME OF ADJOURNMENT: 10:48 P.M. Charles E. Mertensotto Mayor thleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON MAY 10, 1988 Blacktopping License: Lino Lakes Blacktop, Inc. Concrete Licenses: Manor Concrete Construction, Inc. Neuharth Company, Inc. Walrich Cement Corporation Excavating Licenses: Dasen Contracting Jeanettas Excavating Murr Plumbing,. Inc. Turner Excavating Company General Contractor Licenses: All-American Recreation, Inc. Card Construction Company Construction Specialists Dahlstrom Designer Homes Dolphin Pool & Spa Eagan Pool & Spa Forest Homes & Mfg., Inc. JHL Construction Lawrence J. Scott Roofing & Siding Lifestyle Homes, Inc. Mark Johnson Construction, Inc. Midwest Fence Nature Homes, Inc. Reuter Construction, Inc. Rodan Custom Services, Inc. Sawyer's Construction Selby Ornamental Iron Company Sonnen Bros. Construction, Inc. T.D. Construction W.F. Bauer Construction Company Wieber Construction Heating & Air Conditioning Licenses: Hastings Heating Sylvander Heating, Inc. Plastering/Stucco License: Donelly Stucco