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1987-06-16 Council minutesPage No. 2413 June 16, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 16, 1987 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, Hartmann and Witt. Councilmember Cummins had notified the Council that he would be late. AGENDA ADOPTION Councilmember Hartmann moved adoption of the agenda for the meeting, including additional items contained in the add-on agenda. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF Councilmember Witt moved approval of the minutes of the May MINUTES 19th meeting. Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Blesener Councilmember Blesener moved approval of the minutes of the May 20th Board of Review. Councilmember Witt seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Hartmann Councilmember Hartmann moved approval of the minutes of the June 2nd meeting. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Witt moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the Treasurer's Report for May. b. Acknowledgment of the Fire Department monthly report for April. c. Acknowledgment of a report from Treasurer Shaughnessy updating Council on the status of the Tax Increment District. Ayes: 4 Nays: 0 SPRINKLING BAN Page No. 2414 June 16, 1987 d. Approval of to increase the Assistant Code Enforcement Officer's compensation to $14.50 per hour, effective on June 8th. e. Approval of a critical area building permit for Raymond Lundgren to construct a 96 square foot storage at 1190 Culligan Lane, along with waiver of the required critical area review fee (CAO 87 -04). f. Acknowledgment of the quarterly engineering report. g. Authorization for the acquisition of Park Place Drive right -of -way from Grace Zwach for $2,079. h. Adoption of Resolution No. 87 -52, "RESOLUTION AMENDING RESOLUTION NO. 82 -60, "RESOLUTION AUTHORIZING VACATION OF CERTAIN STREETS IN THE PLATS OF GARDENVILLE REARRANGEMENT AND SOUTH LANES," relative to the vacation of Dean Street. i. Adoption of Resolution No. 87 -53, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 85, PROJECT NO. 4," authorizing final payment of $8,876.45 to Orfei & Sons, Inc., for Copperfield I Addition improvements. j. Adoption of Resolution No. 87 -54, "RESOLUTION APPROVING FINAL PLAT FOR COPPERFIELD 3RD ADDITION." k. Approval of the List of Claims dated June 16, 1987 and totalling $318,677.91. 1. Approval of the list of contractor licenses dated June 16, 1987 and attached hereto. m. Approval of the issuance of on -sale club liquor licenses to Mendakota Country Club and Somerset Country Club. Councilmember Hartmann seconded the motion. The Council acknowledged and discussed a report from the Public Works Director informing Council that staff had implemented an emergency sprinkling ban this morning and recommending authorization to continue the ban. Mayor Mertensotto informed the audience that the City's 2 million gallon water tank has been running very low and ran dry on Monday evening, creating a dangerous situation, particularly in emergency situations. He asked that Council authorize an immediate 48 hour ban on the sprinkling of lawns and thereafter, an odd /even sprinkling ban. He suggested that the only exception to the ban being for the watering of newly seeded or sodded lawns, and that police, code enforcement and Ayes: 4 Nays: 0 PERSONNEL Ayes: 4 Nays: 0 FURLONG ADDITION Ayes: 4 Nays: 0 Page No. 2415 June 16, 1987 public works staff be authorized to enforce the ban. Councilmember Witt moved to establish a total sprinkling ban through June 18th, with the exception of newly seeded and sodded lawns, followed by an odd /even ban until the level of water in the tank reaches 30 feet, and thereafter to empower the Public Works Director to declare an emergency situation and set conditions if the tank level goes below 30 feet. Councilmember Hartmann seconded the motion. Staff was directed to notify the media so that the residents are notified of the ban. Councilmember Hartmann moved that a Certification of Appreciation be awarded to Captain Eugene Lange. Councilmember Witt seconded the motion. Mayor Mertensotto presented Captain Lange with an engraved plaque, recognizing his forthcoming retirement after 25 years of exemplary service to the City. Administrator Frazell gave a brief synopsis of his report and response to Robert Tousignant relative to questions and concerns raised by Mr. Tousignant and Furlong Addition residents at the June 2nd meeting. Mr. Tousignant, present for the discussion, stated that the report was excellent but that it is his observation that there should be a better solution to the problems than just to wait for the results of the planning study. After discussion, Councilmember Hartmann moved to conduct a special Council meeting on June 30th at 7:30 P.M. in the Council Chambers for a neighborhood discussion and report by the City Planner. Councilmember Witt seconded the motion. NUISANCE COMPLAINT The Council acknowledged a report from the Police Chief relative to the abatement of a nuisance at the George Noack, Sr. property. Police Chief Delmont, present for the discussion, highlighted the report and reviewed the status of the case, informing Council and the audience that four citations were issued today for 12 violations of City ordinances, and that the violations will be prosecuted. PUBLIC COMMENTS Councilmember Cummins arrived at 8 :12. Mr. Melvin Swanson, 1778 Ridgewood Drive, was present to complain over the placement of fill on the Krajniak lot on Marie Avenue which is creating drainage problems on his lot. HEARING -- CASE NO. 87-09, G&L PROPERTIES Page No. 2416 June 16, 1987 The Public Works Director was directed to visit the Swanson property and report to Council at the next meeting. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from G & L Properties for the rezoning, Comprehensive Plan Amendment and subdivision of property located at the southeast quadrant of Mendota Heights Road and Highway 55. Mr. Bill Pearson, representing G & L, stated that the applicants request the subdivision of the property into seven lots and the rezoning from B-1A, B-3 and I to Industrial for Block 1 and B-3 for Block 2 of the proposed plat. He explained that prospective clients include a hotel, a strip center and gas station, two restaurants, one of which would be fast-food, and an office/service building. Mayor Mertensotto stated that he would prefer to see a full service gas station rather than a gas/convenience center, and he expressed concern that once the property is rezoned to B-3 the Council will lose control over the type of use which can occur. Councilmember Cummins agreed, and asked whether the applicants could wait on Block 2 and hold it open for a PUD proposal which would allow Council to retain more control until the applicant has a firm idea of what prospective buyers might plan to construct on the lots. Councilmembers Blesener and Witt shared the concerns over B-3 zoning and what might be proposed. Mr. Pearson responded that his firm has spent nearly a year working with the City's staff and the Planning Commission and hopes to break ground this fall. He stated that the owners have to be able to sell the •lots and can't do that until they know what the zoning will be. Mr. Gail Brodel, from G & L, stated that he understands Council's concerns but that in order for him to sell the lots he must be able to tell the prospective buyers what can be built. He asked that Council approve the planning applications so that he can market the property. Administrator pointed out that the application is not for a major rezoning but rather will clean up the lines of the existing zoning districts. He stated that part of the property is already zoned B-3 and that most of the uses suggested by the developers can be accomplished under either B-3 or I zoning. Mayor Mertensotto asked for questions and comments from the audience. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2417 June 16, 1987 Mr. Wayne Specktor, First Avenue, supported the applications, stating that it appears that the applicants have done a great deal of work on the plans, he believes the restaurants are needed, and the total proposal makes sense to him. There being no further comments, Councilmember Cummins moved that the hearing be closed at 8 :58 P.M. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 86- 55, "RESOLUTION AMENDING CITY'S COMPREHENSIVE PLAN." Councilmember Witt seconded the motion. Councilmember Hartmann moved adoption of Ordinance No. 235, "AN ORDINANCE AMENDING ORDINANCE NO. 401," approving the rezoning application, contingent upon Metropolitan Council approval of the Comprehensive Plan Amendment, along with approval of the preliminary plat dated March 18, 1987. Councilmember Witt seconded the motion. Staff was directed to communicate to send a letter to the developers, notifying them to alert prospective buyers of the B -3 lots of the Council's concerns over the ultimate development of the lots, including landscaping and layout. Staff was also directed to communicate the concerns over B -3 uses to the City Planner and to direct him to work closely with the buyers of the lots on the ultimate development of the property. RECYCLING Councilmember Witt moved approval of a joint powers agreement PROJECT with the Cities of West St. Paul, South St. Paul and Inver Grove Heights and a joint powers agreement with Dakota County for operation and funding of a recycling center to be operated on South Robert Street under contract by Goodwill Industries. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 87 -07, Mr. Carl Anderson was present to request approval of the ANDERSON preliminary plat for the subdivision of property located on SUBDIVISION Third Avenue into 13 lots. He also stated that some street vacations will be required if the plat is approved. Councilmember Cummins stated that there are several waterways going either through or near the property and asked where the areas are in the proposed plat where the Council should have concern over waterflow. Councilmember Blesener asked why the street that comes up from the south of the proposed plat is not aligned with proposed streets in the plat. Mr. Anderson stated that the developers wanted to create lots which would conform with the Ayes: 5 Nays: 0 STRATFORD WOODS FINAL PLAT Ayes: 5 Nays: 0 Page No. 2418 June 16, 1987 Ivy Falls neighborhood and to offset the streets to create an atmosphere of a separate development. After discussion, Councilmember Hartmann moved to approve the preliminary plat for the Hillside Creek subdivision subject to trail and utility easements being dedicated to provide access along vacated Emerson Avenue and subject to verification by the feasibility report that the utility layout is correct. Councilmember Cummins seconded the motion. Mr. Terry Dobie was present to request approval of the final plat for the Stratford Woods Addition. With respect to the boundary dispute with Mrs. McDonald, who was present for the discussion, Mr. Dobie stated that the property corners shown on the plat are those established by his surveyor. He stated that he has a previous survey that was done by Wayne McLagan which verified that the property corners that were in the ground were not where they should have been. He pointed out that, similarly, the southern boundaries of the McDonald property are offset by an amount equal to what she feels her north boundary is off by. He stated that he has an agreement to convey Outlot A to Mrs. McDonald and Lot 9 is her lot. In response to a question from Mayor Mertensotto, Mrs. McDonald stated that she is in agreement with what Mr. Dobie stated. Mr. Dobie stated that in order to resolve the plat overlaps he has platted overlaps along the south boundary and will quitclaim that area to the adjoining lots in the Wagenknecht Addition. He further stated that he has agreed that Mrs. McDonald will only be assessed for one lot and the large parcel she owns, and that what would have been assessed for the potential of one additional lot on her property can be spread over all of the Stratford Woods lots. After discussion, Councilmember Hartmann moved adoption of Resolution No. 87 -56, "RESOLUTION APPROVING FINAL PLAT FOR THE ROLLING WOODS ADDITION," conditioned upon receipt of the required park contribution. Councilmember Cummins seconded the motion. ROLLING WOODS Councilmember Hartmann moved adoption of Resolution No. 87- ADDITION 57, "RESOLUTION APPROVING FINAL PLAT FOR THE ROLLING WOODS ADDITION," conditioned upon receipt of the required park contribution. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 STREET LIGHTING Ayes: 5 Nays: 0 VENDOR ORDINANCE Ayes: 5 Nays: 0 LIQUOR LICENSE Ayes: 5 Nays: 0 ROLLING WOODS ASSESSMENT ROLL Ayes: 5 Nays: 0 IMPROVEMENT BONDS Ayes: 5 Nays: 0 Page No. 2419 June 16, 1987 Councilmember Cummins moved adoption of Ordinance No. 236, "AN ORDINANCE ESTABLISHING A COMMERCIAL STREET LIGHTING TAX DISTRICT IN THE CITY OF MENDOTA HEIGHTS." Councilmember Witt seconded the motion. Police Chief Delmont was present to request Council adoption of a proposed ordinance designed to regulate peddlers, vendors and solicitors in the City. Councilmember "AN ORDINANCE VENDORS." Councilmember Hartmann moved adoption of Ordinance No 237, LICENSING AND REGULATING SOLICITORS AND WAGON Witt seconded the motion. Staff was directed to submit press releases to the media to publicize the new regulations. Councilmember Witt moved to grant the renewal of the Limited Service Hotel on-sale and special Sunday on-sale liquor licenses to the Courtyard by Marriott. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved acceptance of the proposed assessment roll for the Rolling Woods Addition and Lot 6, Block 1 of the Rolling Woods 2nd Addition and adoption of Resolution No. 87-58, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR ROLLING WOODS ADDITION (LOTS 1-5, BLOCK 1) AND LOT 6, BLOCK 1, ROLLING WOODS 2ND ADDITION (IMPROVEMENT NO. 86, PROJECT NO. 2)," the hearing to be conducted on July 21st. Councilmember Witt seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 87- 59, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,950,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1987," for the financing of the following projects: Mendakota Estates, Park Place, Deer Trail Hills, Spring Creek Acres/Spanjers, The Ponds and Wesley Lane, and the street lighting project, authorizing advertisement for bids to be received on August 18th. Councilmember Witt seconded the motion. DELAWARE SIDEWALKS The Council acknowledged and discussed a memo from the City Engineer regarding the condition of the Delaware Avenue COUNCIL COMMENTS Page No. 2420 June 16, 1987 sidewalk between Ellen Avenue and Annapolis. Action on the matter was tabled to a future meeting. Council acknowledged memos from staff responding to Council comments at the prior meeting relative to commercial business activities at a lot on Dodd at Bluebill, the dip at Miriam and Chippewa and the filling of the Krajniak lot. Councilmember Cummins expressed concern over high speed traffic on Decorah and neighborhood safety and asked staff to research whether stop signs can be installed at Decorah and 1 Pontiac. PAY EQUITY ADJOURN Ayes: 5 Nays: 0 ATTEST: Councilmember Blesener expressed concern over a recent Supreme Court decision on a California zoning case and the effect the decision may have on the City. Attorney Dave Moran was directed to study the decision and report back to the Council. The Council acknowledged and discussed a proposed pay equity implementation plan prepared by the City Administrator and directed the City Administrator to proceed with the implementation of the plan. 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: 10:23 P.M. Charles E. Mertensotto Mayor athleen M. Swanson City Clerk