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2004-06-15 City Council minutesPage No. 1 June 15, 2004 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 15, 2004 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councihnember Duggan moved adoption of the revised agenda for the meeting, further revised to move item 8c to 8a (sewer backup claim). Councihmember Schneeman seconded the motion. Ayes: 5 _ Nays: 0 CONSENT CALENDAR Councihnember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 6e, Treasurer's Report, 6f, Fire Department report, 6k, material submission policy, and 6n, List of Claims, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the approved May 11, 2004 Parks and Recreation Commission minutes. b. Acknowledgement of unapproved June 8, 2004 Parks and Recreation Commission minutes. c. Acknowledgement of the approved May 12, 2004 Airport Relations Commission minutes. d. Acknowledgement of the NDC4 meeting minutes and agenda. e. Authorization for the issuance of a purchase order to Infratech Infrastructure Technologies for sewer system repairs in the Freeway Road Addition for its low bid of $11,800. f. Authorization for execution of a Joint Powers Agreement between the city and Dakota County for the Wetlands Health Evaluation Program (WHEP). Page No. 2 June 15, 2004 g. Adoption of Resolution No. 04 -33, "A RESOLUTION APPROVING A PRELIMINARY PLAT AND VARIANCE TO CREATE ONE ADDITIONAL LOT AT 1850 ARVIN DRIVE." h. Adoption of Resolution No. 04-34, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND A VARIANCE FOR AN 864 SQUARE FOOT DETACHED GARAGE AT 1111 DODD ROAD." i. Adoption of Resolution No. 04 -35, "A RESOLUTION ESTABLISHING DUE DATES FOR MATERIALS SUBMITTED TO THE CITY FOR PLACEMENT ON THE CITY COUNCIL MEETING AGENDAS." j. Adoption of Resolution No. 04-36, "A RESOLUTION ADOPTING THE HIPAA POLICY AND APPOINTING A PRIVACY OFFICIAL." k. Approval of the list of Contractor Licenses. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 TREASURER'S REPORT Finance Officer Schabacker informed Council that Councilmember Duggan had contacted her with a question about why there is a difference between the funds available at the beginning of the year versus May 31. The biggest difference is $2,100,000 in the money market account. That account is used to fund day to day expenses, and when the tax settlement is received in July, it will go back up again. Councilmember Duggan moved to acknowledge the Treasurer's Report for May. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 FIRE DEPARTMENT REPORT Councilmember Duggan noted that the Fire Department has spent 233 meeting hours so far this year versus 190 at the same time last year and 268 hours of clean up versus 181 last year. He commended the department members for their work. Councilmember Duggan moved to acknowledge the Fire Department monthly report for May. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Page No. 3 June 15, 2004 MATERIAL SUBMISSION Council acknowledged a memo and proposed resolution from POLICY Assistant Hollister regarding a policy for submission of information for Council agendas. Administrator Danielson stated that the city has not had a policy in the past and there has been confusion. Sometimes people submit at the last minute and expect their item to be on the next agenda and staff does not have time to respond. Staff has asked Council to adopt a policy that sets a time by which items must be submitted. He read the proposed policy for the audience. Councilmember Schneeman stated that she is very grateful for having the proposed policy. It gets very difficult for Council when things are brought up at the last minute and hand -outs are put at the Council table just prior to a meeting. Attorney Schleck stated that he thinks the main thrust of this was to provide Council with the time necessary to review items. It is not fair to Council or the residents to ask Council to review very complicated information within hours of a meeting. Councilmember Viteili moved adoption of Resolution No. 04 -35, "A RESOLUTION ESTABLISHING DUE DATES FOR MATERIALS SUBMITTED TO THE CITY FOR PLACEMENT ON CITY Council MEETING AGENDAS." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 LIST OF CLAIMS Council acknowledged the List of Claims. Councilmember Duggan asked if the Barr report expense is above or below budget and if the lift station construction was close to budget. City Engineer McDermott responded that the payment to Barr is a partial payment. Neither the contract with Barr nor the lift station construction has been completed yet. Councilmember Duggan moved approval of the List of Claims dated June 15, 2004 and totaling $128,560.19. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Bob Kreuser, 693 Freeway Road, distributed a copy of several questions regarding Town Center to Council in response to a recent Page No. 4 June 15, 2004 newspaper article. He asked Council why the city doesn't start the trails and park land and bill Mr. Fefercorn so that the neighborhood t does not have to wait until 2006. He asked if the city will increase the price of the land to the developer since the value of the land has increased. He stated that there are generally no street lights in the city, but there are several lights on Oak Street. Lights are supposed to be within the Town Center development according to the plan. He asked if the east side of Oak should be part of the Town Center district. Councilmember Duggan responded that Mr. Fefercorn indicated to Council last meeting that those lights could be moved. That is city easement, but private property. He stated that he believes there are two or three light standards there that could be moved if the neighbors would like. Mayor Huber informed Mr. Kreuser that his list of questions will be referred to staff for response. NORTH URBAN REGIONAL Council acknowledged a memo from Parks Project Manager TRAIL Kullander regarding a presentation by Dakota County staff on the North Urban Regional Trail(NURT). Ms. Mary Jackson, Dakota County Planner, and Mr. Tim Corby, consultant engineer and Mr. Mike Fischer, planner, were present for the discussion. Ms. Jackson stated that the is present to update Council on the status of the HURT. Dakota County began preliminary engineering on Phase 2, which will run along T.H. 110 between Dodd and Charlton. They are doing detail work in preparation for construction and will also be talking to home owners along the route. They would like input from Council and from the homeowners. She distributed a map that shows the full seven mile trail route. The plan for it was adopted in 1996 after a multi -year process. The main goal was to provide a safe regional trail running through four communities in Dakota County. The other goal was to provide a link between two major regional trails. Mendota Heights approved the NURT in 1996 as long as the trail did not flatten out in Valley Park and that it be aligned between the frontage road and T.H. 110. The proposed trail did meet the MnDOT trail design standards that were in use in 1995 and she believes it still meets those standards today. Mr. Corby stated that his firm was retained to design the project. It needs to be constructed by next summer if the county is to utilize the funds that have been approved for it. He reviewed the trail alignment from Dodd to Charlton Road and showed concepts for Page No. 5 June 15, 2004 dealing with the area of the frontage road between Delaware and Town Center. MnDOT has concerns about the original design — it does meet the standards, but they are concerned about the safety because it is only 14 feet from the road. They are also concerned about hydrology. He has designed a hydrology system to connect to the city storm sewer on Market Street. Option two would be to construct the trail north of the frontage road. He plans to meet with the residents on June 22 on the frontage road to get their comments about the two concepts. Councilmember Duggan asked if the reconstruction of the TH 110/ Delaware intersection has been taken into consideration in the design and if Mr. Corby is saying that the trail would be fourteen feet from the highway. He also asked about the depth of the bituminous that will be applied. Mr. Corby responded that the design does reflect upgrades to the intersection. From the edges of the bituminous of the frontage road and highway there is about 14 feet. He had originally thought about putting in a chain link fence for safety, but MnDOT was concerned about that. One option is to use a guardrail and another is no fence or guardrail. The bituminous will be three inches thick with eight inches of class five rock under it. Councilmember Vitelli thought there should be a guardrail or fence. His preference is a guardrail, which he believes would be safer. Mr. Corby stated that was discussed with MnDOT. If a car were to come off the highway, the guard rail could make the difference between injury and death. Mr. Fisher stated that MnDOT is quite concerned. The design meets MnDOT guidelines, but it is not comfortable with it. Their biggest concern is the issue of drainage. He has not received an official letter from MnDOT yet, and the engineers must find a solution that does not reduce the drainage capacity at all. The project was started in 1995, and he has to rely on going through files for information on it. He is very much understanding that there were criteria around approval of the concept including locating the trail where the city wants it. On June 22, at 7:00 p.m. the county representatives will meet with the residents and want to talk about the pros and cons of both options with them and then come back to Council. Councilmember Krebsbach stated that in 1996 it was very clear that the neighbors did not want the trail on their side of the frontage road. Page No. 6 June 15, 2004 That was an important piece of the consideration, and she hopes that the drainage works. At some point it would be nice to see if T.H. 110 could be a boulevard between Dodd and Delaware. She is glad to see that the county is moving ahead with curbing. Councilmember Duggan asked if there are any areas in the metro area where there is a guard rail between a trail and a freeway. Ms. Jackson responded that there are very few examples where a trail has been allowed so close, and she will take a look at the examples MnDOT gives her. There is one example along Highway 101 in Minnetonka. Councilmember Vitelli stated that he thinks it is a great plan and he supports it. SEWER BACKUP CLAIM Council acknowledged a memo from Administrator Danielson regarding a claim for sanitary sewer backup clean up from Ms. Jan O'Farrell, 1263 Delaware Avenue. Administrator Danielson stated that the home owner contracted with a company to clean her sewer line and the contractor said that tree roots were all the way into the city main. The city' utility leadperson removed and recovered the roots but was not sure they were from the main. Where there is any doubt whether the problem comes from the city main or the private main, staff recommends paying reasonable costs. Councilmember Vitelli moved to approve the payment of $253.75 to Ms. O'Farrell. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 HENRY SIBLEY HIGH Council acknowledged a memo from Assistant Hollister regarding SCHOOL SIGN preliminary discussion on concept proposal for an electronic sign for Henry Sibley High School Council also acknowledged an associated report from the city planner, a letter from Mr. Rick Fretschel and a petition supporting the concept. Assistant Hollister stated that Mr. Fretschel is leading an effort to get a digital display sign at the high school. The city's signage ordinance as written would not allow a moving digital sign of the type being requested. The city planner abstained from making a recommendation. He sees it as a policy matter as to whether Council Page No. 7 June 15, 2004 wants to allow this type of sign. If Council wishes to allow the type of sign, he recommends: that it be a conditional use rather than a permitted use so that Council can place conditions on approval; that such signs be accessory uses for certain types of land uses; that they be limited to specific zoning districts; and, that a separate set of area, height and materials requirements be created for such signs. Assistant Hollister informed the audience that this item is before Council for preliminary discussion only, to see if Council is willing to consider allowing digital moving signs. Even if Council gives a favorable response tonight, Mr. Fretschel must understand that does not commit Council to any future approval of a specific sign. The applicant would need to apply for a zoning ordinance amendment and a conditional use permit and any variances that the planner feels are needed for the sign. Everyone needs to understand that this is just preliminary discussion on whether Council is interested in the concept of a digital display sign. Mr. Fretschel, 459 Nature View Court, West. St. Paul, stated that he is present to try to get some direction from Council. He understands that a variance is needed and that he needs to get feedback before he spends a great deal of time, energy and money pursuing the sign approval. He stated that ISD 197 Superintendent Longtin and Ms. } Mary McGrory- Usset, a member of the school board and chair of the marketing /communications committee were also present for the discussion along with a representative of the sign company. He explained that his role in this started out as a parent. He drives by Sibley every day, and the motivating factor comes when there are various events at the school. He went to the school board and explained what he and many other parents want to achieve. He stated that he is not present to represent the school board but he is representing students of the school district. The Henry Sibley sign is a concrete pad that has the sign with letters on it. It cannot be read in the winter because it is snow packed. If one is driving down Delaware and there is a play going on, you would see hand -made, home -made signs advertising the play or other event. He understands that there is an ordinance against lighted, moving signs in Mendota Heights. There are a number of schools that are doing what he proposes. He would like to see some kind of a message board so that when people pass by on Delaware and see lots of cars parked in the lot, they would know what is going on. It will not only for athletics, it will also advertise community events. There are 5,900 cars per day on Delaware, and he does not think there is an effective way to alert people on Delaware to what is going on at the school. He showed photos of digital display signs used by other schools. Page No. 8 June 15, 2004 Councilmember Krebsbach stated that the city does not have street C lighting and very little signage, and that has protected T.H. 110 from becoming a strip. That was not easy to do. She asked if it is possible to have the sign timed so that the lighted part would be on from 8:00 a.m. to 8:00 p.m. Mr. Fretschel responded that signs like this can be put on timers. They can come on and go off by computerized time schedules. Councilmember Krebsbach stated that the sign should go off at that time when everyone attending an event should have arrived. She also stated that it would seem that having a restricted time for the lighting would be help the people along Delaware. She was concerned. that if Council approves this, businesses will be coming to Council with similar requests. Mr. Fretschel responded that he does not have a history to work with (since there are no similar signs in Mendota Heights) to see what times are better than others. His first thought was that it should be on at 6:00 a.m. and turned off at 9:00 p.m. Councilmember Krebsbach responded that the sign becomes part of the community and the neighborhood. She likes prep sports and would like to know what is going on, but to preserve the nature of the community, a restriction on the hours would be a condition she would need to have. It would also have to fit the character of the city. Mr. Fretschel responded that he needs to know Council's feelings on the matter before he can solicit funding. The sign is not part of the upcoming referendum. He plans to make it completely privately funded through donations. He stated that the sign is not that big — the overall height is a little over ten feet, and the lighted part is 2'3" by eleven feet, but he does not yet know what the final sign would look like. Mayor Huber asked if the signs are limited to a particular color, stating that the ones he has seen all seem to have red lettering. Mr. Jerry Gordon, from AIM Electronics, showed Council photographs of a four line sign. He stated that signs have changed dramatically over the past ten to fifteen years. The signs are LED and no longer have bulbs. His firm offers a red -orange or amber sign, and he is recommending amber for this sign. The background Page No. 9 June 15, 2004 is dark, and the light can be dimmed depending on the time of night. Typically, the message center is controlled by a computer so it can be timed and scheduled whenever they want. The other part of the sign, which would say "Welcome to Henry Sibley High School, will be on a photocell that can go on a timer. City events could be displayed on the sign, and the time and temperature could also be displayed. The advantage of having more than one line is that more of a message can be displayed on the sign. He is proposing a 27 inch high by eleven foot wide 2 line message area. Councilmember Duggan stated that the city would not have control of the messages, and under the First Amendment, Council could not tell the school what messages they can and cannot display. Mr. Gordon responded that the City of Lakeville shares the sign with the high school and accesses the sign via modem. Mr. Fretschel stated that the sign would be going on school property and the school district would control what goes on the sign. He just wants to get out messages to recognize events and accomplishments and to recognize things going on in the community. Councilmember Krebsbach stated that this will probably not be the last request Council receives for this type of sign, so Council must be very careful. Mr. Fretschel stated that Council has the ability to recognize the importance of this to the community. He is not driven by profit and that is what sets this request apart from others that may come. If the conditional use were to say the city would grant it to all the high schools in the city, that would be a win/win situation. Councilmember Krebsbach stated that her conditions would be that it must have a black background with amber letters, that it be on from either 6:00 a.m. to 8:00 p.m. or 7:00 a.m. to 9:00 p.m., that it be a monument sign, not up on pillars, and that it be a stationary message. Mr. Fretschel responded that he got a petition because he knows there is community support. There are about 550 signatures on the petition, and he got those signatures at events at the school. He also has a letter of support from the Mayor of West St. Paul, which has the largest percentage of students who attend District 197 schools. Councilmember Vitelli asked if the school district has found the newspapers to be ineffective in terms of communicating events. He Page No. 10 June 15, 2004 stated that he does not know if there is any way to measure that. The sign would only bring the marketing message to the 5,900 people who drive on Delaware past the school, which is only a small part of the population of the school district area. Mayor Huber stated that one of the things Mr. Fretschel is trying to encourage is to let people know what's going on at school, including people who are coming there from time to time. Also, parents who are dropping their children off for an event would be informed of other events. Ms. McGrory -Usset stated that there are over 1,200 events that take place at Henry Sibley and on its grounds. Of those events, 75% are not high school events. At least 40 organizations use those grounds and they would be very happy to be able to communicate their messages. The school district wants to support communicating community events as well as school events. Many schools are using digital signs, and she hopes Council supports it. Councilmember Vitelli stated that it is an admirable request, but Council must weigh the reasons why the applicants would want the sign with on the other side of asking a city to change a policy that was drafted many years ago with much wisdom. As a result, the city does not have animated digital signs. This is a big decision for Council. Once Council opens the door, how can they say no to a similar request from a church. Then when there are six or eight signs, the three high schools and the churches, next will be requests from Town Center and Mendota Plaza and SuperAmerica. That is the balance. In his opinion, there are 5,900 automobiles that drive Delaware and he looks upon that small number of people who will see the sign when considering the whole size of ISD 197 and the surrounding communities. That is a small number of people to ask a city to change its whole structure on signage. Council must give serious thought to whether to open the door to these digital signs. It is very clear in the ordinances that the fathers of this city, in their wisdom, did not want these signs, and he will likely not support the request. District 197 Superintendent Longtin stated that if the group were to go forward with this, they would like to work closely with the cities and have a sign that would bring dignity and be aesthetically appropriate and work within the parameters the city may set. They would like to work with the Council and the other cities in the district as well. Page No. 11 June 15, 2004 Councilmember Schneeman was excused at 8:30 p.m. In response to a request from Mayor Huber for a summary of the options, Assistant Hollister stated that Mr. Fretschel and his group hope for some preliminary idea of where Council stands on the issue of a digital sign before they go forward. There has been a lot of reference this evening to a variance, but this sign would need an amendment to the ordinance. There is no such thing as a variance to a use. The main thing they would be applying for is an amendment to the ordinance, more specifically, an amendment to the R -1 zone. The planner indicates in his memo that if Council is interested in this at all, they should craft the language in such a way as to limit the proliferation of these signs. Council could make the conditional use for schools in the R zone. That would significantly limit the number of signs in Mendota Heights. He believes Council could limit the use to a conditional use for high schools in R zones. Attorney Schleck stated that what Council needs to decide is if, as a city in terms of signage, the Council is at all interested in this type of sign. If so, direction should be given to staff to prepare a proposal that gives the city the maximum flexibility on when these might be appropriate and when they might not. Fundamentally, what the Council needs to decide is if there is any interest at all in a change in the ordinance to allow digital display signs in the city, and if there is, let staff come back with a proposal on how Council might be able to use good sense in the future to look at these overall as opposed to any specific use. Mayor Huber stated that there is a possibility that the proposer might look at this and see some Council members might support it and some might not, so there will be a certain risk to the proposer if he goes forward. Council is talking about concept, and there is no guarantee to the proposer that even though Council may give him some positive feedback, they are not bound to approving anything. The monument style sign, if it could be crafted with the right way, might possibly be palatable to him. He does not want any big, booming sign. There may be a design to a sign that has a digital element to it, that is part of a monument sign, that he may be able to look favorably on given conditions on times, etc., if Council puts the right constraints on it. Councilmember Duggan stated that he is leaning towards Councilmember Vitelli's position on this. He has lived in the city for 27 years and likes the quietness and that there are no flashing signs and no billboards. That is what makes a city like Mendota Page No. 12 June 15, 2004 Heights a city like Mendota Heights. To keep that character, Council sometimes has to put its foot down and it is an unwelcome decision to those who think they might really like the sign. It is a personal preference and it also happens to be part of the ordinance as well. He spoke to Mr. Fretschel about his petition and had some questions about two statements in the petition that he challenges. One of them is the statement that "many residents living in Mendota Heights and Independent School District 197 believe the community would benefit from having an electronic sign on the grounds of Henry Sibley High School." It does not specify the benefit, so he does not know what they believe the benefit is and to what degree their belief is. The second statement he questions is "we believe there is currently no effective method to communicate these events on the high school grounds." He asked what the statement was based on. Was there an anticipated attendance and the attendance to the events fell from that and they are trying to boost attendance at the events? For any sign to be effective, it must catch people's attention. People have seven to nine seconds to read signs when they pass by. In their busy worlds, with cell phones, etc., he would be reluctant to add another distraction on the city's roads to catch people's eye as they are passing by. He likes the city the way it is and would hate to see signs on I -494 in the future and major entities and smaller companies coming in sign and asking for a digital sign to help their business. j There are newspapers to advertise events at the school and that is a l _ public relations aspect of a school community and local newspapers working together, and he does see those articles in the newspapers. He looks at the greater good, which is the image of the city as he knows it and he wants to preserve that image as much as he possibly can. He would not lean towards approving an ordinance amendment unless someone told him that there were some dire straits facing the school district, such as losing students. Councilmember Krebsbach stated that the reason she wants to go to particulars is that she does not want to see this move into the larger arena of permission of signs without the constraints she stated. Those include a dark background with amber lighting for the message, a monument sign, a conditional use for high schools only, and restrictions on the time the sign would be on, including that it not be lit in the evening. She is also concerned about the proliferation of this type of signs. Another criteria should be that it be for used for a public purpose and that the public should be aware of the events because they can come to the events. Councilmember Vitelli stated that he is a graduate of Henry Sibley and is very proud of it. It is tempting in this case to support the Page No. 13 June 15, 2004 school district in something they feel they want to do, but he now represents about 11,000 citizens of Mendota Heights. Prior Councils and Mayors have set standards and it is very clear in the ordinances that the city does not have any of these signs. Council would have to represent what it believes is a major change in the city policy on signage to help publicize to 5,900 people who pass back and forth on Delaware. He cannot see the balance. The balance is to continue with the existing ordinances of the city. Council does not change ordinances often, and this is a big deal. He cannot support Councilmember Krebsbach's position to only allow high schools to do this. That would not be fair to churches. They have activities to advertise and they could also argue that they could advertise public events. He does not see being able to support the request at all. Mayor Huber suggested that Mr. Fretschel may wish to speak to Councilmember Schneeman. He stated that he does not know what other guidance Council could give. Assistant Hollister noted that there appears to be a 2/2 split. Mr. Fretschel is welcome to schedule another appointment with the him and the city planner and review the meeting minutes and they will give him whatever advice they can. If Mr. Fretschel makes a formal application, both the planner and the Planning Commission will need to review a specific sign. Council has the final authority. Councilmember Krebsbach stated that her support is only for what she stated. Responding to Councilmember Duggan's comments, Mr. Fretschel stated that he cannot measure the integrity of a petition but he can measure the intent of the petition. People knew what the petition was. Changing the language of the petition will not change the outcome or the attitude. Council has the power to decide where these signs go. He is simply present to find out where to go from here. He cannot possibly move forward with this endeavor without some kind of direction from the Council that they understand the impact of this on the community of 197. Mayor Huber stated that Mr. Fretschel has received a lot of feed back. Even for those Council members who think this may be palatable there are certain conditions and style and it may be at a price point that may be a challenge to his group. Councilmember Duggan stated that if he is a businessman and understands what it takes to get a message across to people as Page No. 14 June 15, 2004 economically and effectively as possible. He would be curious to know the number of schools in the metro area and the number of metro schools that have added electronic signs in the last few years. That would help him make a decision. He knows kids in school like being involved by making hand made signs. That gives them a connection to school activities. Should the matter come back to Council, he would support a monument sign. He would not support a sign lit after 8:00 to 8:30 at night. He would not like the time and temperature or the school name on after that time. Councilmember Vitelli stated that one thing has puzzled him throughout the discussion. If Mr. Fretschel is after traffic, why isn't the sign being put on TH 110? Mr. Fretschel responded that he has been a fireman and paramedic for 26 years. He knows the speeds on Highway 110 and he knows the intersection. There have been two fatalities at Delaware and TH 110. The reason he did not suggest putting the sign at TH 110 is because of the speed of the traffic. He would not support that. Councilmember Krebsbach noted that Henry Sibley High School is having a fifty year reunion on Friday and Saturday. RECESS Mayor Huber called for a recess at 9:20 p.m. The meeting was reconvened at 9:28 p.m. CASE NO. 02 -11: FEFERCORN Council acknowledged additional information from Mr. Ross Fefercorn, regarding continued discussion on the Final Development Plan for the Town Center PUD for Buildings "D ", `B" and "F ". Mr. Fefercorn was present for the discussion. Assistant Hollister stated that Mr. Fefercorn was present to discuss Buildings D, E and F at the last meeting. Since that meeting, he has adjusted the roof lines. The discussion tonight is for the adoption of a resolution that would approve the final development plan for those buildings. He then read four conditions recommended by the city planner. Mr. Fefercorn stated that he took seriously a recent newspaper article about Town Center. After he last meeting he began working with his architects to try to soften the building a bit. He feels the new plan meets the sky better and connects with the Dakota County senior housing building much better. ESC Architects designed the office, retail and housing elements and also designed the senior building. He also brought along the current revision of landscape plan, Page No. 15 June 15, 2004 prepared by Damon Farber, for early Council review of how the market space could be designed. Councilmember Krebsbach stated that she also would like to see what else Mr. Fefercorn is also planning to do. Her interest is that the building at the end of the plaza will have a roof line that will look like a complete building from all sides. She likes the way City Hall and the Lilydale City Hall look, as examples. Mr. Fefercorn compared the current drawing to the drawing that was presented at the last meeting. Councilmember Vitelli stated that the new plan is a tremendous improvement and it is excellent. He is very pleased with Mr. Fefercorn's quick turnaround on it. Councilmember Duggan stated that he agrees. He would also like to negate the negative comments in the newspaper. Council is working with the developer to come up with what is best for the city, and this is a marvelous response to Council's comments at the last meeting. Councilmember Krebsbach stated that she asked the City Administrator to share the budget report because there have been comments about the budget and the use of TIF. She stated that she has reviewed the new design and the only question she has is what the roof line is made of. Mr. Fefercorn responded that the current drawing indicates a standing seam metal roof. He is looking at several options and wants to be sure it works with the other buildings. Councilmember Krebsbach stated that she would like it to look like shingles or shakes. She was concerned about the area around the parking lot and noted that the other plans showed more landscaping than what Mr. Fefercorn is currently showing. Mr. Fefercorn responded that there are metal roofs available that emulate shakes or shingles. He showed Council the oldest plan he has, stating that it shows a series of ornamental trees lining the parking lot and that would be appropriate. One of his big interests is to create a transition from the parking area to the residential on Oak Street. It would be very much in his interest to screen the parking lot with year round vegetation. Increasing the shrub level landscaping to screen the parking lot is one of the conditions of the resolution. Councilmember Krebsbach stated that once it moves off the narrow Page No. 16 June 15, 2004 point, she would like trees in the landscaping plan. She asked that language be added to the resolution. Councilmember Duggan suggested that there would be a major sight visibility problem in that area of the corner if there were thick shrubs there. Mr. Fefercorn responded that he plans to install overstory conifers and deciduous trees to shield the residential from the commercial. Councilmember Duggan asked what impact it would have on parking if the area adjacent to Building F were used for outdoor dining. Mr. Fefercorn responded that he is assuming the area around the end of the building would be a very popular seating area for having coffee, etc. There will be ornamental trees in grates in that area. There will also be seasonally planted areas along the sidewalks. Councilmember Vitelli asked Mr. Fefercorn to have the pros and cons when he comes back to talk about roofmg. Council wants to make sure it looks good in ten years. Responding to a question from Councilmember Krebsbach regarding \ the materials on the bottom of the building, Mr. Fefercom stated that he directed the architects to consider a couple of different materials along the sidewalk and on the column bases and the area underneath store fronts The material used on City Hall is very nice, and it is a colored concrete that is cast to look like stone. He would like to be able to use that and he may be able to use some stone. There are several ins and outs with different material in the buildings and considerable relief in the design. He took off the signage on the second story because he wants to look carefully at it with his sign designer. He wants to have the ability for a local dentist, realtor, etc., to have some signage. He wants to study that very carefully. Councilmember Krebsbach stated that she does not see that she would approve signage on the top. She is fine with the signage that was presented. It is important for the signage to be at the street level, and this drawing represents that. There will be monument signs as people come in to say what is in the building. Mayor Huber stated that the monument sign might say that a specific doctor is in the building, but how would someone know where his office is. Page No. 17 June 15, 2004 Mr. Fefercorn responded that he wants to study that with sign consultants. He would like them to study ways that the buildings can communicate to the general public in a sophisticated and quiet way what they need to communicate. He is very open minded and will let the sign consultants make a recommendation. Councilmember Vitelli stated that he is open to signage on the second level. A commercially designed sign that says dentist would be fine. Mr. Fefercorn showed Council a composite of signage at Arbor Lakes. They use nine foot high perpendicular blades at the pedestrian level for the individual stores. Mayor Huber asked if staff is recommending that the fourth condition regarding the traffic flow in a country clockwise circulation pattern around Market Square be deleted. Engineer McDermott responded that it seems the way it is laid out now could become confusing in the future. It is signed now with a do not enter at the east entrance, but it appears that it could become confusing and cause problems and accidents with people trying to turn into the eastern most street. Mr. Fefercorn stated that Market Street is a two way street, and this is a topic that was discussed with the city's traffic consultant. The idea is that much traffic will come from westbound Market Street, and as traffic turns into the one way, it is clockwise around Market Square and if they look for parking they would go clockwise to find a parking spot. They would,not be crossing traffic four times like they would if the circulation were counter clockwise. There are some uses, like Caribou Coffee, where if people come in from T.H. 110 they would be braking and turning into Caribou. He would rather have them drive through and turn in and find parking and walk across to Caribou, which seems safer. It was the consensus that a clockwise pattern would work better. Police Chief Aschenbrener stated that he went out to she site last fall before the signs went up and it was confusing at first without having the buildings there. When one steps back and looks at it, it makes sense. When the area builds up, clockwise will make sense. Councilmember Vitelli stated that he is very supportive now and ready to move the resolution. He stated that it says in the resolution Page No. 18 June 15, 2004 that the Town Center redevelopment project as proposed in Planning Case 02 -11, and asked what is on the record for the basis of what Council is approving. Assistant Hollister responded that Case 02 -11 refers to the original PUD application for Town Center as a whole. What PUD applications involve are preliminary and final development plan approvals. Council would be approving the final development plan for the PUD. Unless Council specifies otherwise, what Council is approving are the drawings submitted tonight for Buildings D, E and F and also the site plan. Councilmember Krebsbach stated that the clock tower effect is not repeated on each of the plans. She wants to be clear that if Council approves D and E, that Building C has a full roof and that there will be a clock tower effect similar to what is on the large building. Mr. Fefercorn responded that the tower Councilmember Krebsbach is referring to will be larger and will be the dominant tower. Attorney Schleck suggested that the resolution be revised to add to the first clause "and the drawings of the buildings from ESG dated June 15, 2004," so Council is only incorporating the drawings of the buildings. Administrator Danielson gave Council a financial update. The city keeps a separate Town Center budget of expenses and revenues. There have been some questions on what may have been expended by the city. None of the expenses have been tax dollars. Before the tax increment district sunsetted, the city used $118,000 of TIF for early planning. The city received a Metropolitan Council planning grant for $150,000, and received $92,590 from the Dakota County CDS when it purchased the land for the senior housing facility. MSA contributed $521,972 for funding its share of the frontage road (Market Street). The city was successful in getting special legislation to utilize $4.5 million in TIF funds from the city's sunsetted TIF district. The city used $2.9 million of the TIF for land acquisition, and used TIF funding for construction costs, demolition, grading and underground electrical. TIF funding was also used for sanitary sewer, storm sewer, water, street and all public improvements that served the area. The city was reimbursed for SAC on the demolished buildings. Park dedication fees will be required for the buildings that will be constructed at the rate of $1,500 for each of the 75 residential units. In 2002, the city received an $873,000 Metropolitan Council grant to assist with the Page No. 19 June 15, 2004 underground parking and another $300,000 in 2003 for assisting with the structured parking. As part of the development contract, the city agreed with the developer to assist him with constructing structured parking, using proceeds from the sale of the land. It will cost about $2.2 million for the parking for Buildings A, B, C and F. Councilmember Krebsbach asked with the value of Building F will be. Mr. Fefercorn responded that the value will probably be around $8.5 million. The valuation is subject to real estate appraisal, and that has not been done yet because he has not yet had approval for the building. It will cost about $7 million to build. Responding to a question from Councilmember Krebsbach, Attorney Schleck stated that the purchase price of the land was agreed to in the developer's agreement two years ago, and that was $5.00 a square foot for the commercial parcels. Most of that is going back into the parking structure. It is very important for the public to understand that one of the things negotiated as part of the developer's agreement was that the city would review the profit made on the project and if the profit significantly exceeds what was estimated, the city will be able to recoup all of the money that it put into the project, based on the excess profit made. Mr. Fefercorn stated that city's development consultant in the project suggested to the city that there be a maximum profit to the developer on the housing development. To the extent that the profit exceeds that, he shares the profit 50150 with the city. He has to have third party accounting of his books on a physical year and the city is able to recover any excess profit beyond what is considered a reasonable profit. Councilmember Vitelli stated that, as background, in 2000 the Council asked him, based on his experience in project management with Honeywell, to review the information with staff. He listed a number of significant projects he managed for Honeywell. He stated that he is very comfortable with the project, both with the finances and the plan. The recent newspaper article stated that people indicated a completion date of 2004. In 2000 when the PUD was approved, he never heard the year 2004 for completion. Perhaps in 1998 or 1999, 2004 was the date. When he became involved in this project in mid -2000, the completion date was 2005. This continues to be run very effectively by Mr. Fefercorn and the city's staff. He is very impressed with how well managed the project is financially Ayes: 4 Nays: 0 Page No. 20 June 15, 2004 because the only real numbers that changed very much since 2000 was that when the land was sold, new entries were made for actual. Also, some changes were made when the Metropolitan Council grants were approved. This is financially a well run project and schedule wise, it is a well run project. Attorney Schleck suggested that some revisions be made to the proposed approving resolution. With respect to in Item 2, the city is waiting for additional information from the surveyor regarding the easement for Outlot E and the parking lot. He suggested a change to the resolution to state that the applicant shall be required to resolve the conflict between the parking lot and Outlot E in a manner acceptable to the city, and let staff and the developer work on that. There would be a great deal time and expense for the developer and the city to amend the plat and there is a quicker and easier way to do it. Council should also consider adding a couple of points. One is that the city reserves the right to approve or designate the final sign for the second story of the building. The last would be that Building C have a roof line that is similar to the buildings proposed tonight and that there be a clock tower feature to the west of it. Councilmember Vitelli moved to approve the final development Plan for a Planned Unit Development for Buildings "D ", `B" and "F" of the Town Center Redevelopment Project and direct staff to prepare a revised resolution to delete Item 4 and incorporate the revisions as recommended by the City Attorney. Councilmember Duggan seconded the motion. Mr. Fefercorn informed Council that Council and the staff are invited to attend an open house at the Gateway Bank on June 30 at 10:00 a.m. WORKSHOP Council acknowledged a memo from Administrator Danielson recommending that Council adjourn the meeting to a workshop for discussion of the City Administrator's 6 -month review. COUNCIL, COMMENTS Councilmember Krebsbach announced that St. Peter's Church is holding its carnival this weekend. She also stated that she would like to ask staff if there is some way to acknowledge all of the parents who have coached at the MHAA, dating back to the beginning of the city. Page No. 21 June 15, 2004 Councilmember Vitelli stated that he will be a guest speaker at former City Administrator's class this week, and that he and Mrs. Vitelli will celebrate their 40th anniversary on Sunday. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned to workshop. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:25 p.m. thleen M. Swanson City Clerk