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1986-09-02 Council minutesPage No. 2587 September 2, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 2, 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 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA Councilmember Cummins moved adoption of the ADOPTION agenda for the meeting, excepting item 9A, Mendakota Mall Development, including items contained in the add -on agenda. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the July 1st meeting as corrected. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR 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 August 26th Planning Commission meeting. b. Acknowledgement of the Fire Department monthly report for July. c. Acknowledgement of the Code Enforcement monthly report for July. d. Acknowledgement of an inventory of major fire department equipment. e. Approval of a modified site plan for Lot 4, Block 1, Valley View Oak Addition (Fleming). f. Approval of the List of Claims dated September 2, 1986 and totalling $113,378.17. g. Approval of the list of contractor licenses Ayes: 5 Nays: 0 BID AWARD, YORKTON Ayes: 5 Nays: 0 HEARING - LLOYD FOODS INDUSTRIAL REVENUE FINANCING Ayes: 5 Nays: 0 CASE NO. 86 -29, YORKTON, ORDINANCE AMEND- MENT Page No. 2588 September. 2, 1986 dated September 2, 1986 and attached hereto. Councilmember Cummins seconded the motion. Council acknowledged a tabulation of bids received for construction of Yorkton Centre Pointe South utility and street improvements. Councilmember Cummins moved adoption of Resolution No. 86 -75, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER, STREET AND LIFT STATION IMPROVEMENTS TO SERVE YORKTON CENTRE POINTE SOUTH (IMPROVEMENT NO. 86, PROJECT NO. 4)," awarding the contract to Brown and Cris, Inc., for their low bid of $817,578.65. Councilmember Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Lloyd Foods for industrial revenue financing. Treasurer Shaughnessy informed Council that the applicant has obtained favorable conventional financing for his project and has withdrawn his industrial revenue financing application. Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Mr. Larry Lee was present to request approval of a Zoning Ordinance amendment to remove the 50 person maximum occupancy requirement from the B- 1 zone. Mayor Lockwood opened the meeting for the purpose of a public hearing on the ordinance amendment. Councilmember Cummins asked whether there is any rationale for setting a new maximum. Councilmember Blesener asked what the original intent of the maximum was. Public Works Director Danielson responded that there does not seem to be any reason why the stipulation was made in the ordinance and that other provisions in the ordinance, such as the ratio of building Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 YORKTON VARIANCE Ayes: 5 Nays: 0 YORKTON FOUN- DATION PERMIT size to lot area and limitation on number Mayor Lockwood asked from the audience. Page No. 2589 September 2, 1986 parking limits, make the of people unnecessary. for questions and comments There being no questions or comments, Councilmember Cummins moved to close the hearing at 8:00 P.M. Councilmember Hartmann seconded the motion. Councilmember Ordinance No. ORDINANCE NO. Councilmember Blesener moved adoption of 228, "AN ORDINANCE AMENDING 401." Witt seconded the motion. Mr. Larry Lee, from Yorkton, Ltd., explained his application for a six foot variance from the B-1 District thirty-five foot height limitation for a building proposed to be constructed on Lot 6, Block 2, Centre Pointe South. Councilmember Blesener stated that she believes quality office buildings require more than 12 feet of height from floor to floor . Mayor Lockwood stated that the minimum lot size requirement for B-1 Districts is only 15,000 square feet. He pointed out that the lot sizes for this subdivision will be well in excess of the minimum and therefore tallish buildings such as this will not be crammed together. After discussion, Mayor Lockwood moved approval of a six foot height variance to allow a proposed building with an average height of 41 feet to be constructed on Lot 6, Block 2, Centre Pointe South. Councilmember Hartmann seconded the motion. Mr. Larry Lee and representatives of Yorkton, Ltd. were present to request approval of a building permit for construction of an office building on Lot 6 Block 2, Centre Pointe South. Councilmember Blesener noted that it appears that two-thirds of the building has a four- story exposure since a considerable amount of the lower level is exposed. Mr. Doug McMillan, legal counsel for the Ayes: 5 Nays: 0 CASE NO. 86-28, BETH JACOB SIGN VARIANCE Page No. 2590 September 2, 1986 developer, stated that the from the north elevation, the structure is a three story building but that from a different elevation there is a fourth story, making it a three- story walk-out. He stated that he believes the structure is considered three-story architecturally and that overall height of a structure is the basis on which the number of floors is determined. It was noted that the structure fits the terrain logically and that the Code Enforcement Officer's report referred to the proposed building as a three-story structure with a full basement. After discussion on the matter, Council found that the proposed structure is a three-story building. In response to a question from Councilmember Cummins, Mr. McMillan stated that exterior of the structure will be grey (Cold Spring) granite and non-reflective grey glass. Councilmember Cummins stated that he would be more comfortable with approving granting of the permit if Council were provided with an update on the status of the rest of the Centre Pointe South development and more details on exterior treatment of the buildings. Mr. McMillan stated that the developer hopes to fast-track the project and is just requesting a footing and foundation permit at this time. He stated that the final building plans have not yet been completed but that they will be prepared and submitted to Council for review prior to a request for approval of the total building permit. Councilmember Blesener moved to approve the issuance of a footing and foundation permit subject to final staff review of the plans and issuance of a wetlands permit by the Corps of Engineers. Councilmember Witt seconded the motion. Mr. Bernard Sweet was present to request approval of a 30 foot front yard setback variance and a 20 foot sign size variance to allow placement of a temporary sign on the future building site for the Beth Jacob Congregation Church site located at Hunter Lane and the T.H. 110 Frontage Road. He explained that the congregation would like Ayes: 5 Nays: 0 • NORTH END STREET IMPROVEMENTS Ayes: 5 Nays: 0 MENDOTA HEIGHTS ROAD Councilmember Witt moved adoption of Resolution No. 86-76, "RESOLUTION HOLDING THE STATE OF MINNESOTA HARMLESS FOR GRANTING THE CITY OF MENDOTA HEIGHTS A VARIANCE," in connection with State approval of plans for Mendota Heights Road construction east of Dodd Road. Councilmember Blesener seconded the motion. Page No. 2591 September 2, 1986 to install a new 4 by 8 foot sign to replace a 4 by 6 foot sign which was installed at the lot line of the property nearly ten years ago. Councilmember Blesener moved approval of a 30 foot front yard setback variance and 20 foot sign size variance to allow placement of a 32 square foot temporary sign at the property line. Councilmember Cummins seconded the motion. On the recommendation of the Public Works Director, Councilmember Hartmann moved to authorize acquisition of Chippewa Avenue right-of-way from Mrs. Audrey Longbehn in consideration of a purchase price of $1,070, City removal of two dead elms and payment of the $150 appraisal cost. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 VALLEY CURVE ESTATES The Council acknowledged receipt of a feasibility report for proposed public improvements to serve the Valley Curve Estates. Discussion on the matter was tabled to such time as the property owners can be present. Councilmember Hartmann moved to adopt policy guidelines on providing information to Council candidates as prepared and submitted by the City Administrator. Councilmember Blesener seconded the motion. COUNCIL ELECTION POLICY Ayes: 5 Nays: 0 FENCES Council acknowledged a memo from the City Clerk recommending that consideration of fence requirement revisions be delayed until recodification of the Zoning Ordinance occurs. It was Council consensus that the fence provisions be reviewed as part of the overall Zoning Ordinance review process. MISCELLANEOUS Ayes: 5 Nays: 0 EQUIPMENT Ayes: 5 Nays: 0 PERFORMANCE REVIEW Ayes: 5 Nays: 0 BUDGET HEARING Page No. 2592 September 2, 1986 Council acknowledged and discussed a progress report from the Code Enforcement Officer relative to a house which has been moved to 929 Chippewa Avenue. Councilmember Hartmann commented that he feels that waiting for sewer and water installation before backfilling the foundation is a marginal excuse. He expressed concern over the safety of neighborhood children and felt that the situation should be monitored closely so that backfilling occurs before frost. Councilmember. Hartmann moved that the property owner be notified to backfill the foundation within two weeks regardless of whether the utility connections have been made, or citation will be issued for maintaining a nuisance. Councilmember Witt seconded the motion. Mayor Lockwood moved to authorize the purchase of a ground aerator from the R.L. Gould Company for $2,100, acknowledging that the expenditure exceeds the budgeted allocation by $600. Councilmember Hartmann seconded the motion. Mayor Lockwood moved that Council conduct the City Administrator's annual performance review at 7:00 P.M. on September 16th. Councilmember Witt seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on the proposed 1987 Budget. Mayor Lockwood reviewed a memo from Treasurer Shaughnessy addressing the distribution of the proposed General Fund budget by department. Council discussed a report and recommendation from Treasurer Shaughnessy relative to suggestions made at the August 28th Council budget workshop that an Infrastructure Replacement Fund be established and that the City begin to finance capital purchases with the general levy rather than through Equipment Certificates. With respect to the proposed Infrastructure Replacement Fund, Mayor Lockwood stated that Council is considering Ayes: 5 Nays: 0 MENDAKOTA MALL Page No. 2593 September 2, 1986 designating 1/2 mill in 1987 to raise about $50,000 for the proposed fund. If the fund is established, it is anticipated that a similar designation will be made annually. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed at 9:17 o'clock P.M. Councilmember Blesener seconded the motion. Councilmember Cummins asked why the Hayber Group had requested that the Mendakota Mall planning applications be tabled. He also suggested that, in view of a suggestion of conflict of interest expressed at the last meeting, perhaps the City should retain outside legal counsel for review and opinion on the issue. After discussion, Councilmember Cummins moved to direct staff to retain alternate legal counsel to represent the City with respect to the Mendakota Mall proposal. Ayes: 5 Councilmember Witt seconded the motion. Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Cummins moved that the hearing be adjourned to 7:00 o'clock P.M. on September 16th. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:32 o'clock P.M. K thleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor LIST OF 1986 CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON SEPTEMBER 2, 1986 Excavating Licenses Trebor Contracting, Inc. Rayco Excavating General Contractor's Licenses M & J Home Improvements Lennox Builders, Inc. Twin City Exteriors Company, Inc. Kropelnicki Construction Heating and Air Conditioning Licenses Churchill's Home Heating and Cooling, Inc. Heating and Cooling Two Masonry Licenses Barry Bjugstad