2004-02-03 City Council minutesPage No. 1
February 3, 2004
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, February 3, 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 Krebsbach,
Schneeman and Vitelli. Councilmember Duggan had notified
Council that he would be absent.
PLEDGE OF ALLEGIANCE
Ayes: 4
Nays: 0
Council, the audience and staff recited the Pledge of Allegiance.
Councilmember Krebsbach moved adoption of the revised agenda
for the meeting.
Councilmember Vitelli seconded the motion.
APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular
meeting held on January 20, 2004 as amended.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar
for the meeting, revised to move items 6, , to the regular agenda,
along with authorization for execution of any necessary documents
contained therein.
a. Acknowledgment of the minutes of January 27, 2004 Planning
Commission meeting.
b. Acknowledgment of the Building Activity report for January.
c. Approval of the list of contractor licenses dated February 3,
2004.
d. Approval of the List of Claims dated February 3, 2004 and
-� totaling $294,266.07.
Page No. 2
February 3, 2004
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
PUBLIC COMMENTS Councilmember Krebsbach informed Council and the audience that
the Joint Airport Zoning Board has opened a public comment period
on proposed amendments to the airport zoning ordinance until
February 25. A hearing on the proposed amendments will be held on
February 18, at 7:00 p.m. at the MAC office building. The
amendments apply to the rezoning to create the north/south runway
and also add restrictions that would affect the Garron site and other
properties.
Mayor Huber informed the audience that Mendota Heights will turn
50 years old in 2006 and Mr. Bill Wolston is putting together a
document to celebrate the milestone. He needs help with the project,
and anyone interested in helping to put together a commemorative
book should contact Administrator Danielson.
Councilmember Schneeman stated that she has received several
phone calls from people in the north end of the city about people
leaving their trash bins out or putting their bins in front of their
garages rather than to the side of their houses where they are not so
visible. She asked residents to be sure to keep their trash bins out of
sight.
LIFT STATION BID AWARD Council acknowledged a memo from Engineer Mogan regarding bids
received for the Mendota Heights Road lift station rehabilitation/
reconstruction.
Engineer Mogan stated that the city requested bids a year ago to
replace the lift station, and those bids came in higher than expected.
This time, he sent out a revised set of plans that included a
rehabilitation option and took bids on both options. He was hoping
that replacement would come in at about the same cost as
rehabilitation, but rehabilitation is still cheaper and staff is
recommending that option. Rehabilitation will accomplish
essentially the same thing but will cost considerably less. There
would be some easement issues with the replacement option and
there would be some restoration that is not an issue under the
rehabilitation option.
Councilmember Schneeman asked what guarantee there is in the
replacement option.
Page No. 3
February 3, 2004
Engineer Mogan responded that there is a guarantee on the pumps
and the controls and there is also a warranty period on the contract
itself. Labor and installation is guaranteed for one year. He stated
that he is not sure what the pump warranty is, but it should last for
ten to twenty years, and there would be no extra longevity with the
replacement option.
Councilmember Vitelli moved adoption of Resolution No. 04 -11,
"RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR MENDOTA HEIGHTS ROAD LIFT STATION
RECONSTRUCTION OR REHABILITATION PROJECT (JOB
NO. 200224)," awarding the contract for rehabilitation to Magney
Construction, Inc., for its low bid of $225,700.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 04 -01, TROOIEN Council acknowledged an application from Mr. Dennis Trooien, of
DS of Centre Pointe for a variance for a third monument sign for the
former GNB building. Council also acknowledged associated staff
reports.
Assistant Hollister stated that Mr. Trooien owns the former GNB
building and the parcel immediately north of it. There is a
monument sign up against Centre Pointe Curve that is deteriorating
and Mr. Trooien would like to improve the look of the sign by
replacing or repairing it. Mr. Trooien applied for a variance to
replace it. The sign is non - conforming in many regards. The sign
rests on a separate parcel from the building to which it refers. It is
also closer to Centre Pointe. Responding to a question from
Councilmember Krebsbach about the sign size, he stated that Mr.
Trooien is proposing 200 square feet per side, which is the same size
as the existing sign, but it will be wider and shorter.
Councilmember Vitelli stated that one of the recommendations of the
Planning Commission is that the lot be subdivided and the narrow
neck of the parcel with the sign on it be added to the lot that the
building is located on. He asked what the cost to the applicant
would be.
Assistant Hollister responded that it would be very expensive
because the lots are in two different plats and Mr. Trooien would
have to file for a replat, which could cost a couple of thousand
dollars.
Page No. 4
February 3, 2004
Mayor Huber asked why the commission recommended forcing the
applicant to do that. C
Assistant Hollister responded that Planner Grittman made the
recommendation because it would bring the sign more into
conformance with the zoning ordinance.
Councilmember Schneeman stated that Mr. Trooien owns both
properties and would have to come back to Council if he wanted to
do something with the property.
Assistant Hollister stated that he feels that if Mr. Trooien came back
for development of the property, it would make sense and be
reasonable to ask him to do something about the replatting at that
time.
Mr. Trooien stated that the existing sign is starting to deterioriate and
he asked the sign company to see how they could put anew "skin"
on it. To refinish it would cost about $12,000. To replace it with a
new sign that is much more readable would cost about $25,000, and
he believes that his the right thing to do. The Planning Commission
found there was a hardship, because when the GNB building was
built, GNB owned all of the land to T.H. 110. After that time, the
city bought part of the property for right -of -way and did not do
anything about the sign at that time.
Mayor Huber stated that if Council approves the variance, the
situation could come back when the other parcel develops. He asked
if there is an issue about how many signs can be placed on a parcel
this size, and whether it would be a problem if someone wants to put
two signs on the site in the future.
Administrator Danielson responded that Mr. Trooien would be
moving the sign off the easement but not off the north parcel. There
can only be one free - standing sign on any parcel.
Mayor Huber stated that if Mr. Trooien or a future owner wants to
put another sign on the lot, it will need a variance and would have to
come back to Council. There may be a feeling on Council to go
along with this for the reasons stated, but there also may be some
rationale to indicate that if Council approves the variance, that does
not mean a future Council might not have some reservations about it
if another sign is requested in the future. Council would not want to
say that Mr. Trooien has the right to a second sign.
Page No. 5
February 3, 2004
Mr. Trooien reviewed the conditions in the proposed approving
resolultion. He stated that if Council would like something in the
resolution that at the time that Lot 4, Block 2 is developed, that at
that point there must be a subdivision to put the sign onto the GNB
main parcel. That would put both him and any fixture owner on
notice.
Assistant Hollister stated that another interesting twist is that the
north parcel and the parcel with the building on it are in two different
zones as well. The zoning ordinance specifies a sign size limitation
for B -1 but none for B -lA. If Council does not require a
combination of the parcels at this time, it might be granting a
variance to the size limitations for B -1 but not a variance for a
second sign. Council would be a granting a variance for the sign on
a separate parcel.
Councilmember Vitelli moved adoption of Resolution No. 04 -12, "A
RESOLUTION APPROVING A VR[ANCE FOR A THIRD
MONUMENT SIGN FOR DENNIS TROOIEN OF DS OF
CENTRE POINTE (GNB) AT 1101 CENTRE POINTE CURVE,"
eliminating the condition that the sign be no greater than 100 square
feet in are per side and revising the fifth condition to read that If and
when Lot 4, Block 2 Yorkton Centre Pointe is developed with a
principal structure, the lot shall be subdivided and the narrow "neck"
of the parcel with this sign shall be added to the parcel to the south
with the existing "GNB" building to eliminate the off -site sign
condition.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 04-02, PATTERSON Council acknowledged an application from Patterson Dental for
DENTAL a conditional use permit for PUD amendment and wetlands permit to
allow construction of an addition to its building at 1031 Mendota
Heights Road. Council also acknowledged associated staff reports.
Assistant Hollister stated that the Patterson Dental building was
constructed under a PUD and they would like to expand the building,
adding on to the front of the structure and adding a significant
amount of parking. Staff advised them to apply for the PUD
amendment and wetlands permit. When they talked about the
request with staff, there was no formal distance determined from
Rogers Lake. The plan call for parking at 100 feet from the wetland.
Between the proposed parking lot and Rogers Lake there is a
sedimentation pond that was constructed in 1986. Patterson's map
Page No. 6
February 3, 2004
indicates an area of cattails, woods and brush, and the Planning
Commission had a question about that. Staff researched the history
of the PUD after the commission meeting. The area between the
parking lot and Rogers Lake is actually an artificial NURP pond and
a wetlands permit was acquired for it in 1996. Therefore, none is
needed now.
Mr. Tim McIlwain, the project architect, stated that Patterson Dental
agrees with the Planning Commission's recommendations. One of
the recommendation is no additional signage and he has not looked
at signage yet. Another condition is in regard to lighting, and he will
match the existing lighting. There will be a two story addition on the
south part of the building, with a total square footage of about
15,000. The exterior of the addition will match the building. The
addition will be for general office space. Patterson has about 240 to
250 staff now and the addition will allow them to add about another
180 people.
Councilmember Vitelli moved adoption of Resolution No. 04 -13, "A
RESOLUTION APPROVING A CUP FOR A PUD AMENDMENT
FOR PATTERSON DENTAL, 1031 MENDOTA HEIGHTS
ROAD."
Councihnember Krebsbach seconded the motion.
Ayes: 4 �.
Nays: 0
CASE NO. 04-04, SCHNEIDER Council acknowledged a memo from Mr. Terry Schneider
CONCEPT PLAN regarding concept plan discussion on a proposed planned unit
development at 2311 Highway 55. Council also acknowledged an
associated report from the city planner and drawings submitted by
Mr. Schneider.
Assistant Hollister stated that there are some parcels at the
intersection of TH 13 and TH 55 that have been vacant for quite
some time and many developers have come to discuss development
proposals with staff. Mr. Schneider has appeared before the
Planning Commission Council with a concept plan for a town - office
development. He revised the plan and appeared before the Planning
Commission at its January meeting. The input he was looking for
from the commission was whether they liked option one or two. The
commission liked option one, phase 2. The other main feedback
from the first discussions that he tried to incorporate in the revised
final concept was that it was a nice concept but may look too
residential for the industrial district, and perhaps upgrading the
Page No. 7
February 3, 2004
exterior would be appropriate. Mr. Schneider revised the exterior of
the building to make it look more like a commercial building.
Councilmember Krebsbach stated that she would like to discuss the
proposed uses.
Assistant Hollister responded that they are all office buildings,
intended for small offices like tax preparers, attorneys, etc. It would
be similar to the office development on the east side of Lexington
near Mendota Heights Road.
Councilmember Krebsbach stated that she is concerned about it
being an office /manufacturing/warehouse project.
Mr. Schneider responded that everyone liked the concept of the
townhouse office style, but there was a question about what this
property would develop like — a traditional office, industrial or three
story office building. He stated that he prepared a potential drawing
for that, showing all that could fit the site without a PUD. He is
proposing option one, phase one and option one, phase two as
concepts. He submitted the other drawings just to show what could
potentially go on the site. He stated that he is asking Council for a
recommendation on whether it prefers option one or option two.
Phase 2 cannot happen until he acquires the Mn/DOT right -of -way.
Mayor Huber stated that for phase two to happen, Waters Drive
would have to be truncated and the cul -de -sac would need to be
pulled back to allow for the second phase as an add -on to option one,
phase one. What the Planning Commission was saying on phase two
is that is what they would ultimately like to see happen. They like
option one, phase one because of option one, phase two.
Attorney Schleck clarified that Council is looking at the various
plans that Mr. Schneider is considering and discussing what is
consistent with the health, safety and welfare of the community.
Nothing that Council says should be construed as to what they like or
do not like. Nothing should be construed as an approval of one or
another of the plans.
Councilmember Vitelli stated that he leans toward option one, phase
two because it maximizes the use of the land and reduces the
plowing and maintenance the city has to do. He asked about the
development cost of option one, phase two.
Page No. 8
February 3, 2004
Mr. Schneider responded that the units sell for about $120 a square
foot, and the building is about 60,000 square feet.
Mayor Huber asked if Mr. Schneider has a similar project anywhere
and what the target market is.
Mr. Schneider responded that Klingelhutz Development Company
has built four or five of these projects and there are many similar
projects under construction. The tenants are predominately
professionals, like attorneys, manufacturers representatives, etc.
Future building twenty might be a little different — that could be
either one large tenant or could be purchased by one individual and
subdivided into smaller offices. This will be the first development in
the cities with this mix.
Councilmember Krebsbach stated that it will be up to Mn/DOT if
they are going to expand the intersection. She asked Mr. Schneider
to look at a similar development in Chanhassen for style.
Mr. Schneider stated that the building will have a metal roof
(pitched) to make it more commercial in character.
Councilmember Vitelli stated that he does not feel strongly about
making it look commercial and would leave it to an architect or
designer to decide what would look good on the site. He stated that
he would like Mr. Schneider to look at the roofing again, because
sometimes metal roofs look very commercial.
Councilmember Krebsbach stated that the last concept was more
cottage looking and Council did not want it to look like a building
that was left when the industrial park was built around it. She stated
that she thinks the metal roof gives the building a more distinct look.
MEETING DATE CHANGE Council acknowledged a memo from the City Clerk informing
Council that because precinct caucuses are being held on March 2,
Council must either reschedule or cancel its March 2 meeting.
Councilmember Vitelli recommended that the meeting be cancelled
if there is no pressing reason to hold one.
Mayor Huber stated that it is the first meeting after the Planning
Commission meeting, although there is only one planning case on
the commission's next agenda.
C
Page No. 9
February 3, 2004
Attorney Schleck felt that it is important to hold a meeting that week
because of some of the legal issues before Council.
Councilmember Krebsbach moved to reschedule the March 2
meeting to Monday, March 1.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
JOINT MEETING Council acknowledged a memo from Administrator Danielson
regarding conducting a joint workshop with the Parks and Recreation
Commission from 6:00 to 7:00 p.m. on March 9.
Councilmember Vitelli stated that it would be helpful if the
commission had some ideas about hypotheticals with respect to the
questions they suggested for discussion.
Councilmember Krebsbach moved to conduct a joint workshop with
the Parks and Recreation Commission from 6:00 to 7:00 p.m. on
March 9.
Councilmember Vitelli seconded the motion.
Ayes: 4
Nays: 0
COUNCIL COMMENTS Councilmember Krebsbach asked about the status of discussions
with the state regarding the concern over the timing of the signal
light at T.H. 110 and T.H. 13.
Police Chief Aschenbrener responded that he does not have a
response from MnDOT yet and will keep working on it. He stated
that he and Administrator Danielson have discussed having someone
from MnDOT come to a Council meeting.
Councilmember Krebsbach stated that she also has a concern about
the intersection of Annapolis at T.H. 13. Lots of people take a right
turn there, and often a car will turn out assuming the other car is
going to make a right. She asked if there is any signage that could be
installed.
Councilmember Vitelli stated that he shares Councilmember
Krebsbach's concerns, stating that the timing of the light is not
natural and that there is something wrong with the sequencing of the
light as well as the long delay.
Chief Aschenbrener responded that he will look into it.
Page No. 10
February 3, 2004
Mayor Huber stated that the April 6 meeting may need to be
rescheduled since that is the first day of Passover.
Councilmember Schneeman stated that she attended the Energy and
Technology policy briefing for state and local elected officials and
learned about the growing energy technology. The briefing was
conducted by the University of Minnesota and others, and she was
very happy to have been able to attend.
ADJOURN There being no further business to come before Council,
Councilmember Schneeman moved that the meeting be adjourned to
closed session for discussion of the Par 3 litigation and a personnel
issue.
Councilmember Vitelli seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 8:38 p.m.
KatKleen M. Swanson
City Clerk