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1986-11-10 Council minutesPage No. 23 November 10, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Monday, November 10, 1986 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 Lockwood called the meeting to order at 7:38 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Cummins, Hartmann, and Witt. AGENDA ADOPTION Councilmember Blesener moved adoption of the agenda for the meeting as printed. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mayor Lockwood moved approval of the minutes of the August 28 Budget Review meeting. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of the minutes of the September 2 meeting as corrected. Councilmember Witt seconded the motion. Councilmember Witt moved approval of the minutes of the September 16 meeting with corrections. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Hartmann Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mayor Lockwood moved approval of the minutes of the October 7 meeting. Councilmember Witt seconded the motion. Councilmember Blesener moved approval of the minutes of the October 21 pre- Council meeting. Councilmember Hartmann seconded the motion. Mayor Lockwood moved approval of the minutes of the October 21 meeting as corrected. Councilmember Witt seconded the motion. Councilmember Blesener moved approval of the Ayes: 5 Nays: 0 CONSENT CALENDAR Ayes: 5 Nays: 0 PUBLIC COMMENTS BID AWARD Page No. 23 November 10, 1986 minutes of the November 6th meeting of the Election Canvassing Board. Mayor Lockwood seconded the motion. Councilmember Hartmann 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. Acknowledgement of the minutes of the October 14 Park and Recreation Commission meeting. b. Acknowledgement of the minutes of the October 27 Planning Commission meeting. c. Acknowledgement of the October Code Enforcement report. d. Acknowledgement of a letter from William Tuminelly. e. Approval of a salary increase for the Public Works Superintendent. f. Approval of the List of Claims dated November 10, 1986 and totalling $132,398.19. g. Approval of the list of contractor licenses dated November 10, 1986 and attached hereto. Councilmember Cummins seconded the motion. Dr. Thomas Koepke was present and urged the Council to consider other avenues of animal control than what the Minnesota Valley Humane Society was asking. He felt it was a lot of money to ask for. The Council acknowledged receipt of a memo on dump truck bids. After reviewing the memo, Councilmember Cummins moved to reject all bids, as recommended, and to rebid the dump truck with a one-way dump. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 86-32, Mayor Lockwood opened the meeting for the purpose DALLAS DEVELOPMENT of a public hearing on an application from Dallas CO., CUP/PUD Development Company for a conditional use permit Ayes: 5 Nays: 0 Page No. 23/6 November 10, 1986 for a planned unit development for an 8 acre parcel of land on the northeast corner of Mendota Heights Road and I-35E. Mr. Bernie Fron, from Dallas Development, was present to explain the request. He noted that the front 2 acres of the site is where a proposed three story office building will be constructed, and that the IOS building is already in place on the balance of the property. He noted that a five foot front yard variance will be needed for the building setback and a two foot side yard variance will also be necessary. The proposed sign will be 98 inches high and nine feet long, with construction hoped for next spring or when Dallas obtains a major tenant. Mr. Fron noted that Dallas has no problem with a landscaping plan if Council wishes to implement the Planning Commission recommendation, and noted that this matter could be part of the developer's agreement. . The proposed sign will be set 20 feet closer to Mendota Heights Road, thus will need a 20 feet setback variance. It was noted that the newly divided parcel will contain 2.2 acres and in a B-1A district, a five acre size is the minimum lot size required. Council was also asked to approve a 2.8 acre lot size variance to allow the subdivision. Councilmember Blesener expressed her opposition to the bright red letters proposed for the IOS sign. Mayor Lockwood asked for questions or comments from the audience. A woman in the audience asked where the site is located, and it was noted that the site is west of St. Thomas Academy, at the intersection of Mendota Heights Road and I-35E. Ms. Vicki Katz, 1855 Hunter Lane, expressed concern with the number of variances mentioned in this request. Mr. Robert Doffing, 1900 Twin Circle Drive, asked how this plan relates to the bike trail parallel to the site. It was noted that the proposed building would be the same distance from the trail as the present building is. There being no further questions or comments, Councilmember Cummins moved to close the public hearing at 8:08 o'clock P.M. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 86 -36, PUMP & METER SERVICE, CUP Page No. 23/7 November 10, 1986 Councilmember Hartmann moved the adoption of Resolution No. 86 -88, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR IOS PLAZA ", subject to revision of the landscape plan to provide additional landscaping to screen the bike trail. Councilmember Blesener seconded the motion. Mayor Lockwood moved approval of the preliminary plat per the drawing dated September 11, 1986. Councilmember Hartmann seconded the motion. It was noted that the variances are considered and approved as part of the PUD resolution. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Pump and Meter Service for a conditional use permit to allow installation of gasoline pumps at the Tom Thumb Superette, 1944 Dodd Road. Mr. George May, an attorney representing Tom Thumb was present for the discussion. He noted that the site is currently zoned B -2 and gas pumps are not allowed in a B -2 zone. Pumps are allowed in a B -4 zone. He advised the Council that Tom Thumb is attempting to address a trend for convenience stores to sell gasoline also. He did note that he is aware of the Planning Commission's recommen- dation of denial for their request, and stated that if the Council is not in favor of the request, that they amend the B -2 district to allow gasoline pumps. He also noted that he is unaware of who the present landlord is and stated that he has no community support for the request. He also stated that he has met opposition in other communities where this was requested, but when they were approved, he felt people looked at the pumps as almost a blessing to the neighborhood. It was pointed out that if the gas pumps go in as proposed, 14 parking stalls would be lost. He also stated that it was possible that the Drycleaners and Video King may not have their leases renewed, and that Tom Thumb could become the sole tenant /owner on the site. It was also noted that the Texaco and Standard Stations are in a B -2 zone, but they are grandfathered in. Mayor Lockwood asked for questions and comments from the audience. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CITY HALL PUBLIC DISCUSSION Page No. 23 /g November 10, 1986 Ms. Joan Kaufer, who lives across the street from Tom Thumb, stated that she feels Tom Thumb is an asset as it stands, but their track record is bad and she is strongly opposed to the proposal. Mayor Lockwood asked anyone in favor of the proposal to speak. Mr. Lee Rademacher, from Pump and Meter Service, spoke regarding the ordinance change in the 1970's, and noted that gas stations are not 80-85% self service and they fit in with a convenience store. He stated that safety is not a problem. Mr. Brian Birch, 755 Willow Lane, and the property owner to the east of Tom Thumb, handed out his comment sheet that had been distributed at the Planning Commission meeting, noting ordinance violations if the gas pumps were to be installed. He noted that there could be a blacktop path from Tom Thumb to the Texaco Station to allow people to buy gas from Texaco. No one else in the audience spoke in favor of the proposal. Mr. Jerry Kafka, 1941 Dodd Road, stated that he is already bothered by the lights from Tom Thumb and is opposed to the gas pump proposal. There being no further questions or comments from the audience, Councilmember Blesener moved to close the public hearing at 8:35 o'clock P.M. Councilmember Hartmann seconded the motion. It was the concensus of the Council that the application should be denied, therefore Councilmember Witt moved that the matter be referred to the City Attorney for preparation of an appropriate resolution. Councilmember Hartmann seconded the motion. The Council noted that if the applicant desires rezoning, they should make the appropriate application through the Planning Commission. Mayor Lockwood introduced Mr. Stanley Gustafson, Chair of the Citizen's City Hall Committee. Mr. Gustafson noted that a 12 member committee had been Page No. 23/7 November 10, 1986 appointed in the summer of 1985 to study city hall needs. He noted that after nine meetings, the Committee voted unanimously to recommend construction of a new city hall on the Civic Center site, located at the northwest corner of Lexington and TH 110. He noted that this site is owned by the City and during the course of their meetings, the committee concluded that building a new 18,500 square foot city hall would be cheaper in the long run, than leasing 11,000 square feet of space. He said the committee was concerned with a prudent use of the tax dollar, and had reviewed six sites. The committee studied three different building placements on the site and he explained the advantages or disadvantages of each placement. He noted that the City has an excellent staff doing an excellent job under job constraints, particularly in the police department. Mr. Gustafson introduced committee members Robert Doffing, Barbara Eschle, Frederick Fischer, Sharon Koll, Jerome Morson and David Zemke. He then asked for questions or comments from the audience. Ms. Jenny Michels, 1907 Hunter Lane, stated she was in favor of a new city hall, but not on the Civic Center site. Mr. Lawrence Culligan, 1949 Glenhill Road, stated he is not opposed to a new city hall, but expressed concerns with the site, i.e., had soil borings been done to support a building, how the site is zoned, what the alternatives to a city hall would be, that is single family homes as opposed to gas stations, etc. Chair Gustafson noted that no filling of the marsh was being recommended, as the committee feels the marsh is an asset. Ms. Vicki Katz, 1855 Hunter Lane, complimented the committee on doing a really good job. She stated her major complaint was she felt there was no point in taking a park-like area and putting up a building and a lot of asphalt. She asked if an environmental impact statement had been done. Mr. Carl Schway from Twin Circle Drive, asked what effect the city hall building will have on the residential buildings in the area. He felt certain that the valuations will decrease and there will be an increase in traffic. Mr. Roger Jenny, Hwy. 110 Frontage Road, noted that he is in favor of the proposal on that site and Page No. 23o November 10, 1986 noted that he spoke for two elderly neighbors who could not attend, that they supported the City Hall there also. He felt that the marsh is a mosquito bed with many rodents in addition to the geese in the area, and that the ballpark is a poor one. He felt the building would fit in well, and commented that a new synagogue will also be constructed in the area. He stated that the City needs a building to be proud of and would welcome the close proximity of the police department to his neighborhood. Mr. William Soll, 1084 Avanti Drive, asked what will happen to Lexington Avenue and will it be widened. Public Works Director Jim Danielson noted that Lexington will be widened to 44 feet north of TH 110 and perhaps the speeds will be reduced with the police department located there. Mayor Lockwood noted that years ago the City succeeded in retaining the R-1 zoning against claims of the previous owner that it should be zoned commercial. Dr. James Olin, owner of most of the slough, stated that he would be willing to give up 1-1 1/2 acres of his slough land to add to the marsh and proposed that the marsh be landscaped with walkways to beautify the area. Ms. Katz stated that she likes the walkway proposal. Mr. Thomas Fee, 984 Stratford Road, asked why the building is proposed to be nearer to Lexington as opposed to any other area on the site. Mrs. Mathisrud, 1860 Hunter Lane, noted the extensive cost of pilings if the building were to be moved closer to the wetlands. Chair Gustafson also noted that the utilities are located in Lexington and therefore much closer to the proposed building site. Committee member Jerome Morson noted the poor soil conditions on the westerly portion of the site. Mr. John Mathisrud, 1860 Hunter Lane, stated he was initially opposed to the site, but not felt it could be an asset. He expressed concern with the Council Chambers area of the building looking like Ayes: 5 Nays: 0 Page No. 231/ November 10, 1986 a silo. Ms. Vicki Katz felt the city employees need more room but they should investigate going into existing buildings with existing parking areas. Mr. Robert Doffing, Committee member, reiterated that the Civic Center site is not an official park site. Mr. John Roszak, 988 Stratford Road, asked if the building will be adequate for future growth. Mr. Lawrence Culligan asked if there would be a public meeting to design the exterior of the building. Ms. Vicki Katz suggested that perhaps residents with a background in architecture could donate their time to help in the design. There being no further comments or questions, Mayor Lockwood and the Council thanked Mr. Gustafson for his presentation. Mayor Lockwood called for a recess at 9:39 o'clock P.M. The meeting was reconvened at 9:49 o'clock P.M. Councilmember Blesener moved to accept the recommendation of the City Hall Committee and to proceed with design and construction of a new city hall as recommended. Councilmember Hartmann seconded the motion. Councilmember Cummins noted that he had some doubts but has resolved them and he believes in the wisdom of the Committee. Councilmember Blesener directed staff to place this item on an agenda at a later date for the next step. CASE NO. 86-25, Mr. Terry Dobie and his attorney, Peter Beck were DOBIE, SUBDIVISION present. Mr. Beck noted his letter addressed to & WETLANDS PERMIT the City Council regarding this matter, which had been tabled from the October 21 meeting, and briefly went over the proposal. He noted that his client had met with staff and several Councilmembers and looked at other options and after review, had decided to request plat approval as originally proposed with a through street. He noted the following environmental impacts as the Page No. 23,2,q November 10, 1986 reasons for this decision. 1. A cul-de-sac requires additional grading and tree removal. 2. Safety impacts of a cul-de-sac route. 3. Access to Marie Park. 4. Fire and police protection concerns. 5. City ordinance requiring 500 foot maximum cul- de-sacs. 6. A cul-de-sac would require steeper street grades which would be more difficult in winter. Mr. Dobie .had contacted Roger Derrick, developer of the Rolling Green area adjacent to the proposed Stratford Woods plat and Mr. Derrick stated Stratford Road was planned to go through and noted that his sellers were to be clear in advising potential buyers that Stratford Road would be a through street. The drawings on Derrick's plans showed Stratford stopping (to be extended in the future), while McClellan Associates, a partner in Rolling Green, showed a partial cul-de-sac on their drawing. Acting City Attorney David Moran noted that the Odell decision referred to in Mr. Beck's letter, does not bind the City Council to grant approval. He noted that if Mr. Dobie came in with a proposal for two cul-de-sacs, the City Council could deny the request due to the cul-de-sacs being substantially longer than 500 feet, the City's normal maximum cul-de-sac length. Councilmember Hartmann noted that all the cul-de- sac proposals have at least one cul-de-sac longer than 500 feet. Mayor Lockwood felt that Mr. Dobie's request for a through street makes the best planning sense. Mayor Lockwood moved that the subdivision proposal be accepted as originally requested. Councilmember Cummins seconded the motion. Mr. John Roszak, 988 Stratford Road, noted that he closed his lot purchase at the Derrick office and discussed the 500 foot cul-de-sac. He referred to the April 18, 1979 Council minutes where the cul- de-sac is not referred to as being temporary. Page No. 233 November 10, 1986 In response to question from Councilmember Hartmann, Mr. Roszak replied that the cul-de-sac easements were never filed with Dakota County. Mrs. Mary Roszak, 988 Stratford Road, stated the Council has the option to proceed with Derrick's intent. Councilmember Blesener stated she does respect the neighbors expectations, however she realizes there are problems in the plat and since the original proposal seems to be logical, it is a difficult decision. Ms. Debbie Fee, 984 Stratford Road asked why they should have to live with the consequences of Mr. Dobie's purchase. She suggested looking at an uninvolved third pa'rty to draw up alternate plans. Mr. Jack Hurley, 992 Stratford Road, stated that the through street is a dead-end approach, going no where. He noted that the neighbors are in favor of the development, but asked for consideration of the cul-de-sac proposal. Mr. Lee Houske, 975 Kay, stated he would like to be tied into the neighborhood and likes Mr. Dobie's presentation this evening with a through street. Mr. Thomas Fee reiterated what took place at previous meetings and also suggested bringing in an uninvolved third party. Councilmember Blesener liked the idea of constructing a pedway between the two cul-de-sacs. Mayor Lockwood asked who would maintain the pedway and felt it would be a detriment to the homeowners on whose lots it would abut. Councilmember Blesener stated that the City Council should stand by its original decision and she would continue to support the cul-de-sac proposal. Ms. Debbie Fee said that if this proposal is approved,Ithen Mr. Dobie should do something with Lot 1, which is next door to her home. Mr. Dobie stated he would work with the Fee's on a footage trade if they would be willing to work with him. Councilmember Cummins suggested amending the motion to include an expansion of Lot 1, which is 15,000 Page No. 23A`/ November 10, 1986 square feet, while the other four lots contain between 17,600 square feet and 29,800 square feet, by adjusting the lots lines closer to 17,000 square feet. Mr. Thomas Fee stated his only concern is the through street, not the size of Lot 1. Councilmember Cummins withdrew his proposed amendment. Mr. Beck reflected on the Council minutes of April 18, 1978, and noted that the word easement is used and he felt easement meant temporary. Mrs. Jean Esslinger, 1003 Stratford Road, noted that she rents the house from her father, and she fails to see the major advantages of a through street. She stated that her father purchased this lot because it was on a cul-de-sac. The Council then voted on Mayor Lockwood's motion. Ayes: 3 Nays: 2, Biesener, Witt Councilmember Cummins moved approval of a wetlands permit for Stratford Woods. Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 2, Biesener, Witt CASE NO. 86-35, Mr. Dale Glowa, United Properties, was present to UNITED PROPERTIES, request variances to allow erection of a 128 square SIGN VARIANCE foot temporary sign to be placed on their property along 1-494. Mr. Glowa noted that Planner Dahlgren had challenged the appearance of the sign at the Planning Commission meeting, and noted that each side of the non-illuminated sign will be 8' x 16'. After a brief discussion, Councilmember Hartmann moved approval of a 40 foot setback variance and a 28 square foot sign area variance to allow placement of a 128 square foot temporary sign on the edge of United's property on 1-494 frontage. Councilmember Witt seconded the motion. Ayes: 4 Nays: 1, Cummins CASE NO. 86-37, VAN, LOT SPLIT Mrs. Dorothy Van, owner of three 50 foot lots fronting on Chippewa, was present to request approval of a lot split, allowing her to give the east 19 feet of her lots to her son (co-owner) and to sell the remainder. The lots are behind 941 Delaware Avenue. Ayes: 5 Nays: 0 CORNICK STORM WATER STUDY Ayes: 5 Nays: 0 FIRE HYDRANTS, CONDOR CORP. Ayes: 5 Nays: 0 VISITATION STREET LIGHT REQUEST Page No. 23,0 November 10, 1986 Councilmember Hartmann moved adoption of Resolution No. 86 -89, "RESOLUTION APPROVING THE LOT DIVISION OF LOTS 29 AND 30, POSAVAD'S ADDITION AND THE W 1/2 OF LOT 12, SPRINGER'S SUBDIVISION." Councilmember Witt seconded the motion. Mr. Michael Cornick, 1176 Sibley Memorial Highway, was present to request a solution to his storm water problem. He noted that he receives substantial runoff from the Lilydale Lexington Court Townhomes, especially since the Kingsley Estates area has been platted. He presented the Council with photos of the runoff in his yard. Public Works Danielson suggested that the Mississippi River Water Management Organization be involved in the study. The Council and Acting City Attorney Moran suggested that Mr. Cornick look into asking the Kingsley and Lilydale Townhomes Associations to participate in helping solve the problem. Councilmember Blesener tabled action on the request until City Attorney Hart has had a chance to review the matter. Councilmember Witt seconded the motion. The Council acknowledged receipt of a memo whereby Fire Marshal Kaiser determined the need for three additional fire hydrants at the Lexington Heights Apartment complex. Councilmember Cummins moved adoption of Resolution No. 86 -90, "RESOLUTION ACCEPTING PETITION AND ORDERING FEASIBILITY REPORT FOR WATER IMPROVEMENTS TO SERVE LEXINGTON HEIGHTS APARTMENTS." Councilmember Hartmann seconded the motion. Visitation Convent requested installation of a street light on Visitation Drive, since they feel the intersection of Visitation Drive and TH 149 is too dark. The Convent will pay the entire costs for installation, maintenance, and monthly electricity. Mayor Lockwood moved that Visitation Convent should Ayes: 5 Nays: 0 DIVINE REDEEMER CONTRACT Ayes: 5 Nays: 0 LMC POLICIES PARK & REC APPOINTMENT Ayes: 5 Nays: 0 MISCELLANEOUS. COUNCIL COMMENTS Page No. 23 At., November 10, 1986 proceed with their street light as requested. Councilmember Blesener seconded the motion. The Council acknowledged receipt of a letter from Divine Redeemer Memorial Hospital whereby they have decided to eliminate the city-paid subsidy for ambulance service and amend the ambulance contract. Councilmember Hartmann moved to accept the proposed amendment to the Divine Redeemer Ambulance Contract. Mayor Lockwood seconded the motion. The Council designated Councilmember Elizabeth Witt as the voting delegate for the LMC Legislative Conference, to be held on November 20. Councilmember Blesener moved to appoint Ms. Beverly Lachenmayer, 1253 Culligan Lane, to fill the unexpired term of Al Singer on the Parks and Recreation Commission, with the term to expire on January 31, 1988. Councilmember Witt seconded the motion. The Council acknowledged reports from Mn/DOT regarding improvements to TH 13/35E, and asked that copies of the letter from Mn/DOT be sent to Lilydale. The Council also acknowledged a report from Public Works Director Danielson on proposed improvements to Wagon Wheel Trail. Councilmember Hartmann stated he felt the moved in house at 929 Chippewa was a hazard with no basement windows in place, and the openings from the beams still there. He felt the owner was doing a minimal job of completion and asked that something be done. He also reported of a complaint regarding the possible burning of garbage in a garage at 606 Valley Lane, and noted the large pull trailer parked in the street in front of the residence, along with a front-end loader which may be parked along the driveway. Councilmember Hartmann also reported that an accident had occurred at Downing and TH 13, and ADJOURN Ayes: 5 Nays: 0 Page No. 23 November 10, 1986 wondered if it was caused by a site obstruction. Councilmember Blesener asked what is happening with the McCloud property. She also asked if there was a City ordinance regarding how high above the street level a garage floor could be, noting a home on Wagon Wheel Trail where the garage floor is below the street level. 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: 11:50 o'clock P.M. '2r1-44 4L—liaeo<lec44 Mary n DeLaRosa Deput Clerk ATTEST: Robert G. Lockwood Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON NOVEMBER 10, 1986 Excavating License: Kuper Excavating Company Minnesota Home Sewer Northrup Mechanical, Inc. Specialized Turf, Inc. Albrecht Landscape, Inc. Sauve and Parenteau Sewer and Water Gas Piping License: Bruckmueller Plumbing Farmington Plumbing and Heating Apollo Heating and Ventilating Corp. Eaton Plumbing and Heating, Inc. Total Energy Heating and Cooling, Inc. Murr Plumbing, Inc. General Contractor's License: Ken's Construction Lester W. Williams, Inc. American Remodeling, Inc. Franzen Construction Company Hays Construction Mersch Construction Nu-Home Construction Pfoser Construction Company Iver H. Carlson and Son, Inc. Fey's Construction, Inc. Masonry License: Y.R. Sharp, Inc. Sta Lor Masonry Plast./Stucco Lic.: Zimmerman Stucco Sign Install. Lic.: Midway Sign Co. Heating and Air Conditioning License: Total Energy Heating and Cooling, Inc. NewMech Companies, Inc. Farmington Plumbing and Heating Gopher Heating and Sheet Metal, Inc. Gary F. Menne Heating, Plumbing and Cooling