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1985-12-17 Council minutesPage No. 2424 December 17, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 17, 1985 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:15 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. PERSONNEL The Council discussed and approved the City Administrator's 1986 salary request. CLOSED SESSION Mayor Lockwood closed the meeting for the purpose of a closed session with the City Attorney to discuss litigation in connection with the Mendota Heights Associates Multi - Family Mortgage Revenue bond issue. Mayor Lockwood called the regular meeting to order at 7:49 o'clock P.M. The following members were present: Mayor Lockwood, 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. Councilmember Witt seconded the motion. Councilmember Witt moved approval of the minutes of the November 19th meeting with corrections. Councilmember Blesener seconded the motion. Mayor Lockwood moved approval of the minutes of the December 3rd meeting with correction. Councilmember Hartmann seconded the motion. Councilmember Cummins moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, excluding item e, acknowledgement of memo on liquor license information, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the minutes of the November 12th Park and Recreation Commission meeting. Ayes: 5 Nays: 0 PUBLIC SERVICE AWARD PUBLIC COMMENTS Page No. 2425 December 17, 1985 b. Acknowledgement of the minutes of the December 12th Planning Commission meeting. c. Retroactive approval of action taken by the City Administrator to delete the statement of James Losleben concerning the Southeast Area Study from the winter issue of the Heights Hilites. d. Acknowledgement of a memo regarding the AMM general meeting to be held on January 9th to consider legislative policies and by -laws. e. Approval of the List of Claims dated December 17th and totalling $81,347.88. f. Approval of the list of contractor licenses, granting licenses to: Serice Construction, Inc. Carlson- Peterson, Inc. Hartman Excavating, Inc. Steininger Construction Company, Inc. Kuper Excavating Company T.J.B. Company Patio Town Sunway Homes, Inc. Thiers Construction Lance Service, Inc. Contemporary Builders D S Construction Services Modern Heating & Air Conditioning, Inc. Masonry License Masonry License Excavating License Excavating License Excavating License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Heating & Air Conditioning License g. Acknowledgement of the Treasurer's monthly report for November. Councilmember Blesener seconded the motion. Mayor Lockwood presented a Certificate of Appreciation to Police Officer Roger Plath for twenty years of service to the City. Mr. and Mrs. Peter West, 1805 Delaware Avenue, were present to respond to a recently discussed Council concern over the state of completion of their home. Mr. West stated that while he had indicated to the Code Enforcement Officer that he would complete the exterior of the structure by November 25th, a change in fobs and extremely cold temperatures have forced him to delay completion. He informed Council that he HEARING - YORKTON INDUSTRIAL DEVELOPMENT FINANCING Ayes: 5 Nays: 0 Page No. 2426 December 17, 1985 will finish siding the structure as soon as the siding arrives and the temperature rises above 10 degrees. Mayor Lockwood opened the meeting for the purpose of a public hearing on redirecting the use of $3,500,000 of the $6,400,000 Industrial Revenue Bonds for Yorkton Development for use in construction of an office building instead of a conference center for which the issue was originally approved. Mr. Larry Lee, representing,Yorkton Development, explained that he has had to delay plans for construction of a conference center until 1986. He asked that Council approve the use of $3,500,000 of the financing for an office building project in Centre Pointe South on which he is ready to proceed. Financial Advisor Shaughnessy stated that the public hearing for redirection of funds to a different purpose must be conducted to satisfy TEFRA regulations. He informed Council that the resolution before them this evening would give final approval to the bond issue. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilmember Witt moved that the hearing be closed. Councilmember Hartmann seconded the motion. The hearing was closed at 8:08 P.M. Councilmember Cummins moved adoption of Resolution No, 85- 99, "RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT (CENTRE POINTE ONE ASSOCIATES PROJECT)." Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 HEARING - MARRIOTT Mayor Lockwood opened the meeting for the purpose of a CORPORATION public hearing on an application from the Marriott CONDITIONAL USE PERMIT, Corporation for a conditional use permit to allow SUBDIVISION, VARIANCES construction of a hotel on Lot 2 and part of Lot 3, Block 6 of the Mendota Heights Industrial Park. Ms. Ruth Wuorenma, Marriott's Regional Real Estate Director, and Mr. Dale Beckman from BRW, were present for the discussion. Ms. Wuorenma showed the Council interior and exterior renditions of the proposed Page No. 2427 December 17, 1985 three-story courtyard hotel facility. She explained that the courtyard concept is Marriott's entry into the small hotel arena: the courtyard facilities contain about 150 rooms, while the full-service hotels start at 250 rooms. The courtyard concept is designed specifically to provide quality lodging at a moderate range, and it is anticipated that customers will be predominately business people during the week and families on week-ends. She explained that a great deal of attention will be given to landscaping to create a top quality and residential appearance. Ms. Wuorenma informed Council that signs for the structure will be very understated and will not indicate that the facility includes a restaurant. A small restaurant and adjoining lounge area will be located near the front entry and an enclosed pool will be located at the rear of the building. The building is designed to surround a courtyard. Ms. Wuorenma informed Council that 12 of the rooms will be suites: most of the rooms will be king-sized. She stated that although the facility is small, Marriott wants to be sure it provides a self-contained unit to accommodate those guests who do not want to leave the facility to go to an outside restaurant and lounge. For this reason, a small (30 to 40 seat) lounge area without a bar, where liquor will be served to guests by a waiter or waitress, along with a 45 seat restaurant are designed into the facility. She pointed out that Marriott does not want to encourage people who are not hotel guests to use the lounge and restaurant facilities. It is anticipated that breakfast will be the most popular meal, lunch and dinner will also be served, and a liquor license is a very critical part of the concept. Mr. Dale Beckman, from BRW, reviewed site and grading plans for the site, which is located on Northland Drive approximately 600 feet from Pilot Knob Road. He explained that the Marriott Corporation has made application for the subdivision of Lot 3, Block 6, of the Mendota Heights Industrial Park and proposes to construct the facility on Lot 2 and the westerly 72.80 feet of Lot 3. He informed Council that the Marriott/United Properties contract provides that the lot west of the Marriott site will be set aside for a restaurant. He stated that approximately 38% of the Marriott site will be green area, the building will cover about 20% of the site, and about 42% will be blacktop. Mr. Beckman explained that a number of variances are requested: sign height and size variances for a Page No. 2428 December 17, 1985 proposed pylon sign on the southwest corner of the site; a 15 foot variance to allow the Porte C6schere overhang to be constructed 25 feet from the front lot line; an eight foot setback variance from the rear property line; a five foot driving surface setback variance to allow a driving surface 5 feet from the south property line; and a 20 foot front yard sign setback variance. Mr. Beckman explained the need for each of the requested variances, particularly the sign size variance, pointing out that the pylon sign on the freeway (southwest) side of the property is proposed to be 45 feet above grade. He stated that the sign height is a very critical issue because of Marriott's concern that motorists coming from the west would not see a shorter sign in time to exit 1-494 at Pilot Knob. In response to Council questions, Ma. WuorPftma and Mr. Beckman replied that: there will be two small meeting rooms, to be used by hotel guests only; funds have been set aside by Marriott to implement noise attenuation to be recommended by BRW after completion of site noise monitoring; there will be heavy planting around the loading dock area which is located on the east side of the proposed structure; and location of a sit-down, dinner-type restaurant on the adjoining lot is included within the agreement with United Properties. Mr. George Burkhards, from United Properties, stated that his firm has developed a concept with possibly two restaurants on the property west of the Marriott site: one restaurant would be similar to the Steak and Ale type of facility, the other would be similar to Baker's Square. In response to a question from Councilmember Blesener, Mr. Burkhards stated that the master plan for the industrial park anticipates that sometime in the future another high-quality hotel will be a necessity. The Council briefly discussed a memo from the City Clerk informing Council that she and the City Attorney would soon meet to review the existing liquor ordinance and prepare proposed amending language which would allow for issuance of a license to the Marriott Corporation. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed at 8:58 P.M. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 UNITED PROPERTIES BUILDING PERMITS Ayes: 5 Nays: 0 Page No. 2429 December 17, 1985 Mayor Lockwood moved adoption of Resolution No. 85- 100, "RESOLUTION APPROVING CONDITIONAL USE PERMIT." Councilmember Blesener seconded the motion. Councilmember Blesener moved approval of the following variances as requested by the Marriott Corporation: 15 foot front yard setback variance to allow location of the porte cochere 25 feet from the front lot line; 8 foot rear yard building setback variance; 5 foot rear yard parking lot setback variance; 20 foot height variance and 130-sq.ft.sign size variance for a pylon sign to be located at the southwest corner of the Marriott property; and a 20 foot front yard sign setback variance. Councilmember Witt seconded the motion. Councilmember Witt moved adoption of Resolution No. 85- 101, "RESOLUTION APPROVING THE LOT DIVISION OF LOT 3, BLOCK 6, MENDOTA HEIGHTS INDUSTRIAL PARK, SECTION 34, TOWNSHIP 28 NORTH, RANGE 23 WEST." Councilmember Hartmann seconded the motion. Councilmember Blesener moved approval of the issuance of building and sign permits for the Marriott Courtyard Hotel subject to staff review of final plans. Councilmember Hartmann seconded the motion. Mr. Dale Glows was present to request Council approval of the issuance of building permits for a one-story, 28,000 square foot building at 1345 Northland Drive, being constructed for Cray Research, and two office/warehouse buildings in the Southridge Business Center. He explained that structures in the Southridge Business Center would be located on Lots 2 and 3, 2433 and 2449 Transport Drive, and would contain approximately 100,000 combined total square feet. After discussion, Councilmember Blesener moved approval of the final building permit for 1345 Northland Drive subject to staff review and approval of the building plans. Councilmember Witt seconded the motion. Mayor Lockwood moved approval of the issuance of building permits for 2433 Transport Drive and 2449 Ayes: 5 Nays: 0 )CENTRE POINTE SOUTH FINAL PLAT Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 AMBULANCE AGREEMENT Ayes: 5 Nays: 0 CASE NO 85 -10, MENDOTA HEIGHTS ASSOCIATES Page No. 2430 December 17, 1985 Transport Drive, subject to staff review and approval of the plans. Councilmember Hartmann seconded the motion. Mr. Larry Lee was present to request approval of the final plat and developer's agreement for Centre Pointe South. In response to a question from Councilmember Blesener, Public Works Director Danielson stated that utility construction will begin in the spring: Mr. Lee stated that he hopes to begin construction of the first building within the plat on March 1st with anticipated occupancy to be on September 1st. Administrator Frazell reviewed the park contribution portion of the developer's agreement. Attorney Tom Hart recommended that the agreement be revised to provide that if the contribution installment requirements are not made in accordance with the agreement, the City may seek legal action for collection of outstanding installments and that the developer would be required to reimburse the City for its legal costs should such action be required. Mr. Lee agreed to the recommended revision. Councilmember Cummins moved to authorize the Mayor and City Administrator to execute the developer's agreement subject to amending language to be provided by the City Attorney. Councilmember Witt seconded the motion. Councilmember Cummins moved adoption of Resolution No. 85- 102, "RESOLUTION APPROVING FINAL PLAT FOR YORKTON CENTRE POINTE SOUTH." Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of an agreement for housing of the Divine Redeemer ambulance and crew at the City's Fire Station and authorization for execution of the agreement by the City Administrator. Councilmember Cummins seconded the motion. Mayor Lockwood informed the audience that the Mendota Heights Associates revised concept presentation has been removed from the Council agenda at the request of the applicant who has requested continuance of the matter to a time not yet determined. Ayes: 5 Nays: 0 COPPERFIELD FEASIBILITY REPORT Ayes: 5 Nays: 0 Page No 2431 December 17, 1985 Councilmember Cummins stated that if the applicant were present for the meeting, he would have made a motion to deny housing revenue bond financing since preliminary approval of the bonds was given based on submission of a development plan and consideration of final bonding in 1985. He stated that he believes it would be appropriate for Council to bring the matter to a close but in the applicant's absence, will defer making such a motion until January 7,th. Councilmember Cummins moved to lay the matter of final consideration of the Mendota Heights Associates housing revenue bonds over to January 7th. Councilmember Witt seconded the motion. City Engineer Klayton Eckles reviewed the feasibility report for installation of public improvements to serve Copperfield. Mr. Jim Ostenson, from Tandem Development, stated that he has discussed the report with staff and finds it to be appropriate. In response to Councilmember Cummins' question regarding the inclusion of cement sidewalks on Copperfield Drive and Stone Road, Mr. Ostenson stated that the developers prefer to have at least those sidewalks within the area to provide pedestrian safety. Councilmember Blesener expressed concern over the responsibility for maintenance of the sidewalks, including snow removal. Administrator Frazell stated that he believes the Council will need to consider adopting an ordinance requiring property owners to be responsible for sidewalk maintenance and should also consider establishing a policy on repairs and replacement. In response to a suggestion that the sidewalk portion of the report should be deleted until after staff has had an opportunity to consider the implications, Administrator Frazell suggested that sidewalks could be removed during review of the final plans and specifications if Council so desires. After discussion, Councilmember Blesener moved adoption of Resolution No. 85 -103, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, STREETS AND WALKWAY CONSTRUCTION TO SERVE THE COPPERFIELD SUBDIVISION (IMPROVEMENT NO. 85, PROJECT NO. 4)." Mayor Lockwood seconded the motion. Page No. 2432 December 17, 1985 STREET LIGHTING Discussion on the proposed street lighting policy was tabled to January 7th. DELINQUENT UTILITY BILLINGS Ayes: 5 Nays: 0 INFORMATION SYSTEM PERSONNEL Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 FIRE MARSHAL SERVICE Ayes: 5 Nays: 0 PERSONNEL CODE Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 85 -104, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Councilmember Witt seconded the motion. The Council acknowledged a memo from the City Clerk regarding the status of the information system bid review process. Councilmember Witt moved that Klayton Eckies be given permanent status as Civil Engineer I, effective December 24, 1985, along with an increase in salary to 022,215 annually. Councilmember Cummins seconded the motion. Mayor Lockwood moved adoption of Resolution No 85- 105, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1986 AND ESTABLISHING CERTAIN OTHER BENEFITS." Councilmember Witt seconded the motion. Councilmember Witt moved adoption of Resolution No. 85 -106, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON - ORGANIZED EMPLOYEES TO REFLECT A 4% ANNUAL ADJUSTMENT FOR 1986," and approval of Appendix A, "EMPLOYEES PAY CLASSIFICATION SCHEDULE GRADE AND STEP MATRIX" for 1986. Councilmember Hartmann seconded the motion. Councilmember Blesener moved approval of the December 17, 1985 Addendum to the Fire Marshal Consulting Services Agreement. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 107, " RESOLUTION ESTABLISHING A PERSONNEL CODE FOR EMPLOYEES OF THE CITY OF MENDOTA HEIGHTS." Councilmember Blesener seconded the motion. POLICE AGREEMENT Ayes: 5 Nays: 0 )LIQUOR ORDINANCE ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2433 December 17, 1985 Councilmember Cummins moved approval of the Police Service Agreement with the City of Lilydale for 1986 and subsequent years. Councilmember Witt seconded the motion. Councilmember Hartmann expressed concern that proposed amendments to the liquor ordinance be very carefully worded so that tavern-type facilities are not inadvertently allowed as the result of amending language. There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned to a closed session for discussion on the Wachtler property offer and continued discussion on litigation in connection with the Mendota Heights Associates Multi-Family Mortgage Revenue bond issue. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 10:10 o'clock P.M. Robert G. Lockwood Mayor 0t274.-) K thleen M. Swanson City Clerk