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2002-09-04 City Council minutesPage I September 4, 2002 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held . Wednesday, September 4th, 2002 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. on Wednesday, September 4th, 2002 at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock p.m. The following members were present: Mayor Mertensotto, Council members Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Council member Dwyer moved adoption of the agenda for the meeting. Council member Schneeman seconded the motion. Ayes: 5 Nays: 0 MINUTE APPROVAL Council member Vitelli moved approval of the regular meeting held on Tuesday, August 20th, 2002. Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Council member Schneeman requested that item d. "Approval of the Successful Completion of Probationary Period for Police Chief' be removed from the consent calendar. Mayor Mertensotto requested that item a. Acknowledgement of the August 27tb, 2002 Planning Commission Minutes be removed from the consent calendar. Council member Dwyer requested that item e. Adoption of Resolution No. 02-47: "Resolution of support for submittal of an application to the Minnesota Department of Transportation (MnDOT) for their fiscal year 2003 County agreement program," be removed from the Consent calendar. Council member Krebsbach moved approval of the consent calendar for the meeting, revised to move items a, d, and e to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. (Removed from consent calendar) b. Acknowledgement of August 2002 Building Activity Report Page 2 September 4, 2002 c. Authorization for Annual Halloween Bonfire d. (Removed from consent calendar). e. (Removed from consent calendar) f. Adoption of Resolution No. 02 -48: "RESOLUTION ADOPTING PROPOSED BUDGET," Resolution No. 02 -49: "RESOLUTION APPROVING TENTATIVE 2002 LEVY COLLECTIBLE IN 2003," Resolution No. 02 -50: "RESOLUTION APPROVING FINAL 2002 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2003" g. Approval of List of Contractors. h. Approval of List of Claims. Council member Schneeman seconded the motion Ayes: 5 Nays: 0 PLANNING COMMISSION MINUTES Mayor Mertensotto stated that he pulled the Planning Commission minutes to make a clarification. On page 6 in Jim Danielson's verbal review it is reported that the City Council granted a fence height variance to Royal Redeemer Lutheran Church. Mayor Mertensotto stated that what the Council actually did was grant a special use permit for the fence for as long as that area remained for children's play equipment. Public Works Director Jim Danielson stated that he would note the correction at the next Planning Commission meeting. Council member Dwyer made a motion to acknowledge receipt of the August 27th Planning Commission minutes. Council member Vitelii seconded the motion. Ayes: 5 Nays: 0 POLICE CHIEF PROBATION Council member Schneeman stated that she pulled this item to acknowledge Chief Piotraschke and the wonderful job he has done for the City over the past year. Council member Vitelli also complemented Jeff for his exemplary service. He added that this is a great success story for a young man that grew up in Mendota Heights and worked his way up the ranks to Police Chief. Mayor Mertensotto added that the City interviewed Page 3 September 4, 2002 a number of outside candidates as well, and Jeff was the City's top candidate. Council member Vitelli moved approval of the completion of the probationary period for Chief Jeff Piotraschke. Council member Krebsbach seconded the motion. Ayes: 5 Nays: 0 DELAWARE/1 10 Mayor Mertensotto, stated that the City has been receiving complaints about this intersection for the last few years. Dakota County has budgeted to do the work in 2004. Dakota County proposed to fund the project in part with a cooperative agreement grant from MnDOT. If the County were successful, the money would become available in July 2003. Mendota Heights's share could be as high as $95,000, but will be paid for using Municipal State Aid funds. Mayor Mertensotto asked Jim Danielson to verify that we will have the funds available through State Aid. Jim Danielson assured the Council that the funds would be available. Mayor Mertensotto, stated that the County should look into converting the right turn lanes on Delaware Avenue at its intersection with TH I 10 to through lanes in order to provide temporary left turn lanes until the intersection could be upgraded. Council member Vitelli asked if the Council passes this resolution, how much input would the Council have into the renovation design of the intersection. Jim Danielson stated that the intersection would look the same as the others on 110. This is the last intersection to be upgraded. Council member Dwyer stated that he thinks the City should defer to Dakota County and MnDOT on the design of the intersection. He stated he is comfortable with this resolution as long as we will have the MSA funds available. Council member Vitelli made a motion to adopt Resolution No. 02-47 "RESOLUTION OF SUPPORT FOR SUBMITTAL OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) FOR THEIR FISCAL YEAR 2003 COUNTY AGREEMENT PROGRAM." Council member Krebsbach seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Diane Segal, 727 Woodridge and Joan Driscoll, 704 Woodridge addressed the City Council. They stated that they are concerned about the critical area and would encourage the City Council to Page 4 September 4, 2002 establish the DNR recommended slope protection to be at an 18% slope. Resident Joan Driscoll stated that she put together a petition / opposing the Hulse subdivision at 754 Woodridge Drive. She added that she turned over some additional signatures for that petition to City staff this evening. Mrs. Driscoll read the following statement to the City Council: "Ladies and Gentleman of the Council, Members of the staff: We appear here this evening in reference to the proposed amendment to the Mendota Heights ordinances seeking to define permissible slopes in the Mississippi River Critical Area. The permissible slope in the Critical Area should be 18% or lower as recommended by the Minnesota Department of Natural Resources. We strongly urge you to consider revising the Mendota Heights ordinance to conform to the Department of Natural Resources 18% slope requirements on bluffs located within the Critical Area. We are members of the Ivy Falls neighborhood community. Recently we had an issue with a proposal to redevelop a parcel of land in our neighborhood. 74 people signed a petition in opposition to this redevelopment. We are here this evening to express our continuing concern over potential developments of this nature and to urge the position of the Department of Natural Resources be enacted into the ordinance revision, to discourage subdivision proposals of this nature in the bluff area in the future." Mayor Mertensotto asked if Mrs. Driscoll and Mrs. Segal are here representing themselves or the Ivy Falls neighborhood association. They stated that they are members of the association, but are not here in an official capacity representing the group as a whole. Council member Dwyer asked if Mrs. Driscoll or Mrs. Segals' homes violate the 18% slope requirement. Mrs. Driscoll stated that hers does not. Mrs. Segal stated that she does not know, but added that her home was built long ago. Council member Dwyer added that 18% is not very steep and that they might be surprised at how many homes and other structures would violate this requirement. Mayor Mertensotto thanked the residents for their comments. WALSH CUP Mr. Tim Walsh of 2452 Morson Circle appeared before the City Council to discuss his application for a Conditional Use Permit for a six -foot fence within the 30 -foot setback. The Planning Commission at their regular meeting voted unanimously to recommend approval of the CUP. Mr. Walsh stated that he is very interested in receiving the CUP for the fence but would also like to request a waiver of $300 of the Page 5 September 4, 2002 $350 fee for the CUP. He added that years ago his neighbor was required to get a variance and only had to pay $50. He feels that this is an unfair tax on residents. He also added that this process has taken too long. He first inquired about a fence permit on July 2nd Mayor Mertensotto asked for clarification on the lengthy process. Mr. Walsh stated that first he had to see the Planner. He then had to go to the Planning Commission in August and now to the City Council. Mayor Mertensotto stated that this is the normal process for all applicants. Council member Vitelli stated that he would support the CUP, but not the waiver of the fee. If they waive it for Mr. Walsh, they will have to waive it for everyone. Mayor Mertensotto agreed. He added that the fees for a variance and a CUP are different based on the different notification requirements for each. He added that a variance is harder to receive as you have to show hardship. Council member Krebsbach added that part of the cost is due to the notification requirement for the neighbors. She stated that it's important that the neighbors are notified as to what is being constructed in their neighborhood. Mr. Walsh stated that he anticipated this response on the fee, but urged the Council to consider a change. Council member Dwyer stated that the $350 pays for the Planners time, notification of residents, publication and staff time. If the Council reconsiders a change in the fee, it may be to raise the fee for a variance. Mayor Mertensotto stated that the fee question is a separate issue that should not be considered with the CUP unless Mr. Walsh wants his fence CUP tabled. Mr. Walsh indicated that he would like the items to proceed independently. Council member Vitelli made a motion to approve Resolution No. 02 -51 "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SIX FOOT FENCE WITHIN THE 30 FOOT SETBACK AT 2453 MORSON CIRCLE." Council member Schneeman seconded the motion Ayes: 5 Nays: 0 Mayor Mertensotto added that if Mr. Walsh would like to pursue the fee issue further, that he should send a letter to the City Council regarding the issue. Page 6 September 4, 2002 GOLDMAN CUP Mr. Philip Goldman of 1926 South Lane appeared before the City Council to discuss his application for an accessory structure. The Planning Commission at their meeting on August 27t` voted 4:0 to recommend that the City Council approve the CUP for the gazebo. Mr. Goldman explained that he already has a 144 square foot shed and is applying for a Conditional use permit for a gazebo. Mayor Mertensotto asked the size of Mr. Goldman's lot. Mr. Goldman explained that the lot is approximately 1 -1/4 acres (185 feet wide by 300 feet deep). The Gazebo is approximately 90 feet into the property. Council member Vitelli stated that he supports this CUP. Council member Krebsbach asked if the reason the Council is going to support this is due to the size of the lot. Council member Dwyer agreed and added that none of the neighbors objected either. Mayor Mertensotto stated that the Resolution should be clarified to state that it's for a gazebo. Council member Vitelli made a motion to approve Resolution 02- 52 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A GAZEBO AS AN ACCESSORY STRUCTURE AT 1926 SOUTH LANE, with the Mayor's clarifications to the resolution. Council member Dwyer seconded the motion. Ayes: 5 Nays: 0 CONCEPT PLAN Mr. Frank Lang appeared before the City Council to discuss the St. Thomas Academy Concept Plan for a Planned Unit Development for a hockey arena on the Tousignant property. Mayor Mertensotto stated that this is a concept plan discussion only. There is no formal application before the City Council at this time. Mayor Mertensotto asked if this is a single parcel with a single tax ID number. Mr. Lang stated that it is. They plan to subdivide off 9.45 acres for the ice arena. Council member Dwyer added that he is concerned about the parking. There are seats for 1000 spectators, but there are only planning 268 stalls. The ordinance requires 334 spaces. Mayor Mertensotto added that this could be handled through proof of parking without having to add to the impervious surface on the lot. C Page 7 September 4, 2002 Mayor Mertensotto asked for some clarification on the zoning discussion at the Planning Commission. Administrative Assistant Patrick Hollister stated that the property is currently zoned R -1, Single Family, although the Comprehensive land use designation for the site is LB PUD, a designation that is associated with the City's B -1 zoning district. The R -1 district allows schools as permitted uses in the district. Planner Steve Grittman argues that a hockey arena such as this one would be considered to be a common accessory use to such a school. Patrick added that the B -1 District allows sports facilities as a conditional use. Because of this, it would appear that the current zoning and the future land use designation are compatible. Mr. Grittman does not believe that an amendment to the zoning district or the Comprehensive Plan would be necessary. Council member Dwyer expressed concern about the exterior materials. Mr. Lang indicated that the building would be pre cast concrete and would be similar in appearance to the other St. Thomas Academy buildings to enhance the "campus" feeling. Mr. Lang indicated that it would be similar to the Breck arena. Council member Krebsbach expressed concern with the aesthetics of the building compared to the Visitation School next to it. Mayor Mertensotto urged Mr. Lang to look at the new Sam's Club buildings. The exterior material looks just like brick, but is a less expensive alternative. Council member Dwyer asked about the height of the building. Mr. Lang indicated that the greatest vertical height for the building is around 26' or 2 '/Z stories. Mr. Lang indicated that he hopes to have kids skating on the ice next fall. The Mayor thanked Mr. Lang for his presentation. BOLTON CUP Greg Bolton appeared before the Council to discuss a zoning ordinance amendment and Conditional use permit for a martial arts academy in the B -1 zone. At the Planning Commission meeting in June, the Planning Commission voted unanimously to recommend that the City Council find that the B -1 zone already allows Martial Arts Schools as a Conditional Use under "private academies," and that the Council approve a Conditional Use permit for a Martial Arts Academy in the B -1 zone. Mr. Bolton stated that they are putting an 1800 sf addition on to the existing structure. Council member Krebsbach asked about the Page 8 September 4, 2002 exterior materials and if the neighbors around the building have seen the plans. Mr. Bolton stated that he has been in contact with all of the neighbors. He added that the building will be a brick base with a stucco and wood look. It will also have a red metal roof. The City Council expressed concern with a red roof and asked that it be an earth tone instead of red. Council member Vitelli made a motion to approve the plans and authorize the Code Enforcement officer to issue the appropriate building permits, subject to verification of compliance with all appropriate City regulations and the Uniform Building Code. Council member Krebsbach seconded the motion. Mayor Mertensotto asked if the Council wanted to add the requirement that the roof be earth tone to the motion. Council member Vitelli revised his motion to add that in addition, that the roof color must be earth tone. Council member Krebsbach seconded the revised motion. Ayes: 5 Nays: 0 CDA SENIOR HOUSING CONCEPT PLAN Kari Gill, Deputy Director of the Dakota County Community Development Agency addressed the City Council regarding the concept plans for the CDA senior facility in Town Center. She presented the concept plans for Council review and added that they hope to have the final plans back to the City Council by the first meeting in October. They would like to go out for bids in October and be in construction by mid November. She added that at this point there is no waiting list, but they are generating an interest list. Council member Vitelli urged Kari Gill to get the plans to the City as soon as possible so that they can begin construction yet this year. Architect Jay Nelson reviewed the details of the buildings with the City Council including the screened in porch at the rear of the building, the French balconies and the building orientation. Council member Krebsbach expressed concern about the noise that the garage door might make so close to the town home development. Kari Gill stated that all of their buildings have this underground parking and the garage door has never been a problem. They install a quieter model to benefit not only the neighbors, but the residents above the garage. She added that the Page 9 September 4, 2002 garages in the senior buildings do not get used as often as in a regular apartment building as many of the residents do not have vehicles. There will be 52 cars underground and 19 spaces above ground. Mayor Mertensotto asked about Park Dedication and assessment for utilities. City Administrator Lindberg stated that last year, the Mayor signed a preliminary agreement with the CDA foregoing Park Dedication in lieu of the use of the community room in the CDA building. Council member Dwyer added that the building looks very nice and urged the CDA to move forward quickly. Council member Vitelli agreed. AGREEMEMENT AMENDMENT Mike St. Martin and Steve Lang appeared before the City Council to discuss the Hidden Creek Developers Agreement Amendment. Public Works Director Jim Danielson stated that at the August 6`h City Council meeting, the Council authorized the City Attorney to j amend the Hidden Creek Developer's Agreement to allow the developer to install the public improvements privately. This approval was made subject to City approval of the plans and specifications, payment by the developer for all costs incurred by the City and indemnification of the City from any claims. The City Attorney prepared the amendment to the Hidden Creek Developers Agreement for Council review. Mayor Mertensotto stated that the $15,000 escrow in the agreement is not enough for a project of this size. He would be more comfortable with $50,000. Acting City Attorney John Nolde stated that this number was arrived at by using 1% of the total cost of the project. Council member Dwyer stated that it was difficult to understand the ramifications of this amendment to the agreement, as the Council was not given the original agreement to compare it to. He asked City Attorney Nolde for assurances that the old agreement is still intact and that this is only adding new provisions to it. City Attorney Nolde agreed. Council member Krebsbach stated that she wants to be sure that the City is still protected by the original agreement. Page 10 September 4, 2002 Mayor Mertensotto asked the Hidden Creek representatives if they would agree to change the $15,000 escrow in the agreement to $50,000. They agreed. Council member Schneeman made a motion to authorize the Mayor to sign the amendment to the Hidden Creek Developer's Agreement with the escrow provision in article 15 changed from $15,000 to $50,000. Council member Dwyer seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Council member Schneeman stated that the Fire Department will be holding a training at 8:00 AM on Saturday if any of the residents are interested in watching the training burn. She also added that she went to the Marie Park Tennis Courts and they look great. Council member Dwyer stated that he has decided not to seek re- election this year. He stated that it was a difficult decision and one that he did not make casually. Council member Schneeman added that she tried to talk Council member Dwyer into running again, but was unsuccessful. She added that it's been a pleasure to serve on the City Council with him and would miss him very much. Mayor Mertensotto expressed concern with the notice sent out by the MAC for the Joint Airport Zoning Board public hearing. He added that he would like to send a letter to the MAC stating the Mendota Heights position on the ordinance changes. Council member Krebsbach suggested that the.Mayor put his concerns in writing and that the City Council could address them at the next meeting. At that time they could formulate a letter to the MAC with the City's position. The Mayor agreed that he would put his concerns in writing for the City Council to consider. Council member Krebsbach stated that it will be a great loss not to have Mike Dwyer on the City Council. He will be greatly missed. She stated that a number of residents have asked her about the pricing for the town homes and condominiums for Town Center. The plans are still in the design development stage but the preliminary pricing shows that the town homes will be in the mid $300,000 range and the condominiums will be in the $300- 400,000 range depending on the amenities. Developer Ross Fefercorn will be holding focus group meetings with interested parties in October. If residents are interested in being put on the list or getting some information, they can call and leave their name, address and phone \ Page 11 September 4, 2002 number at 952-835-1718, extension 190 for residential and 180 for retail. She also wished everyone a good first day of school. Council member Vitelli stated that the Ivy Falls Tennis courts look great, as well as those in Marie Park. He stated that he would really miss Mike Dwyer on the City Council. He understands, however, that at this time in his life he needs to spend more time with his family and on his profession. He added that Council member Dwyer has been a voice of reason and calm at the Council meetings and that he would be greatly missed. ADJOURN There being no further business to come before Council, Council member Vitelli moved that the meeting be adjourned. Council member Dwyer seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:45 PM KA-ilee-n M. Swanson City Clerk ATTEST: /0� LC. 'W'z1;z-je- Charles E. Mertensotto Mayor