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2001-09-20 City Council minutesPage No. 1 September 20, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 20, 2001 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. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Councilmember Vitelli moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular meeting held on September 4, 2001. Councilmember Dwyer seconded the motion. Ayes: 5 Nays:0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move items 5f, Halloween bonfire and 5i, building permit for canopy reconstruction, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for August. b. Acknowledgment of the Fire Department monthly reports for July and August. Acknowledgment of bids and authorization for issuance of a purchase order to Keys Well Drilling for its low bid of $8,450 to seal an abandoned well in Wentworth Park, with the understanding that the amount may increase to $8,950 or decrease depending on the condition of the well, county requirements and quantities of grout required to seal the well. d. Authorization for the police department to sell two 1999 squad cars to Cheyka Motors, Inc. for a total of $12,000. Page No. 2 September 20, 2001 e. Authorization for the issuance of a purchase order for six pagers for the fire department from Capitol Communications for its low bid of $2,696.58. f. Approval of a written request from Ms. Joan Olin to waive interest on a Green Acres deferred assessment against 1140 Orchard Place, and authorization for the county to accept payment of $19,586.88 as fall payment on the assessment balance. g. Authorization to reschedule the starting time for the November 6 Council meeting to 8:00 p.m. h. Adoption of Resolution No. 01-55, "A RESOLUTION APPROVING A SPECIAL PERMIT TO TURNERS GYMNASTICS CENTER FOR A TEMPORARY SIGN." i. Adoption of Resolution No. 01-56, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR ALICE LANE SUBDIVISION TWO (IMPROVEMENT NO. 2000, PROJECT NO. 3)." j. Approval of the list of contractor licenses dated September 20, 2001. k. Approval of the List of Claims dated September 20, 2001 and totaling $196,636.56. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 HALLOWEEN BONFIRE Council acknowledged a memo from Administrator Lindberg recommending authorization for the Fire Department to spend approximately $600 for hot dogs and refreshments for the annual Halloween Bonfire. Councilm.ember Schneeman asked whether the city received complaints from residents of the senior housing facility last year because of smoke from the fire. Public Works Director Danielson responded that smoke is a problem each year, and complaints from residents and businesses depend on which way the wind is blowing. Ayes: 5 Nays: 0 FISCHER'S SERVICE BUILDING PERMIT Page No. 3 September 20, 2001 Councilmember Schneeman asked staff to notify the residents of the facility that the bonfire will be held and that they should keep their windows closed. Mayor Mertensotto stated that the air intake systems at the facility should be turned off to reduce the problem. The fire burns for a couple of days, and if residents and businesses turn their ventilation systems off, smoke will not be brought into their buildings. He directed staff to talk to representatives of the shopping center and senior facility. Councilmember Dwyer moved to authorize the requested funding for the purchase of hot dogs and refreshments for the Halloween Bonfire. Councilmember Krebsbach seconded the motion. Council acknowledged a memo from Code Enforcement Officer Paul Berg regarding a request from Mr. Cliff Kirchner for a building permit to reconstruct a 20 by 27 foot canopy at 2156 Dodd Road. Mr. Kirchner informed Council that about a month ago, a truck attempting to make a u -turn knocked half of the existing canopy down. The canopy is covered by insurance, and he would like to rebuild the canopy exactly as it was. Councilmember Krebsbach stated that the city planner has met with Mr. Kirchner or his representative about the building recently, and she wanted it to be very clear that the action Council takes on the canopy permit issue will have no impact on any future city decisions about the property. Assistant Hollister responded that the inquiry made to the planner was with respect to use of the property for a motor fuel station. Councilmember Krebsbach stated that Council authorization for the building permit for the canopy replacement would not mean that Council will approve a future use for the building. Mr. Kirchner responded that the gas tanks have been removed and that he has no intention of pumping gas in the future. Page No. 4 September 20, 2001 Public Works Director Danielson stated that the issue was that motor fuel stations are conditional uses in the zoning district and the station was used for that purpose for many years. The fuel station went away twelve or thirteen years ago and the auto repair stayed. According to the zoning ordinance, the two uses go together. The auto repair use is not grandfathered, and Mr. Kirchner's real estate agent met with the city planner to ask if the grandfathered status remains if the ownership changes. Mayor Mertensotto stated that if there is an interruption in the use of the building, the use is not grandfathered. The only way they could operate the facility as a gas station is to make application to use it as a motor fuel station and Council would have the right to impose conditions. Councilmember Krebsbach stated that if Council approves the canopy, the city will look at a future planning case entirely apart from this action. Mayor Mertensotto stated that Mr. Kirchner has indicated that the mere fact he is requesting the building permit for reconstruction of the canopy because of damage is not deemed to be tacit approval of future use. Councilmember Krebsbach moved to authorize issuance of a building permit for reconstruction of the canopy based on the representations that have been made this evening. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 HEARING — WACHTLER Mayor Mertensotto opened the meeting for the purpose of a public AVENUE VACATION hearing on an application from Ms. Patricia Bland, 805 Hilltop Road, for the vacation of a portion of unimproved Wachtler Avenue right-of-way. Ms. Bland desires to place a six-foot high fence along her rear property line adjacent to the right-of-way. Mayor Mertensotto stated that he has spoken with Ms. Bland and that he understands she requested the vacation so that she can install a fence up to the right of way rather than setting it back 30 feet from the right-of-way. He felt that if that is the purpose, it would be better for the city to grant a variance to allow the fence at the property line, since the city would be reserving a utility and drainage easement over the right-of-way if it is vacated. Page No. 5 September 20, 2001 Mayor Mertensotto asked for questions and comments from the audience. Councilmember Dwyer stated that a variance sounds like a great solution, but the Planning Commission has not reviewed the request. Mayor Mertensotto responded that the problem with vacating the street is that it interferes with the dedication of a street that goes from one street to another and people along the entire right-of-way would have to be notified. Councilmember Dwyer stated that because Council may not have followed the proper procedure on the vacation request does not mean that it should not follow the procedures for a variance. He asked whether Council has the authority to waive the procedures. Attorney Schleck stated that the only caution he would have is that Council must be cognizant of the precedential value. Other applicants may ask if they can get their variance procedure waived. Mayor Mertensotto responded that Ms. Bland came before Council for a vacation, not for a variance. Ms. Bland informed Council that the fence will be chain link, and six feet tall. Councilmember Vitelli stated that he would agree to a variance. Mayor Mertensotto stated that the discussion is that Council should either proceed with the vacation request or a variance as an alternative to granting the vacation. Granting a variance would not set a precedent because Ms. Bland came to Council for a vacation. Councilmember Dwyer stated that he thinks that the variance approach is a good idea and it is a unique enough situation that it would not set a precedent. Public Works Director Danielson stated that staff discussed the setback problems with respect to platted right-of-way and told Ms. Bland she could either apply for a vacation or a variance. The neighbors were all notified about the vacation and they did not express any objections. Mayor Mertensotto stated that although the applicant is agreeable to retention of a permanent easement by the city, due to the fact that this is a dead end street between two open thoroughfares in a Ayes: 5 Nays: 0 Page No. 6 September 20, 2001 developed residential area, he felt that it would be in the best interest of the city and the neighborhood that Council grant a variance so that the fence can be built on her east property line, which was the purpose for the vacation request. There being no questions or comments, Councilmember Dwyer moved that the hearing be closed. Councilmember Schneeman seconded the motion. Public Works Director Danielson stated that if Council does not vacate the right-of-way, Ms. Bland will have to keep the fence on her property. If the vacation is approved, half of the right-of-way would revert to her. Mayor Mertensotto stated that Council could authorize Ms. Bland to place the fence at the center if the right-of-way with the condition that the owner would be obligated to remove it if the city needs to right-of-way to open the street or construct utilities. CeunGilmember Vite-11i meved to dir-eGt staff to prepare the appropriate reset utien to grant a varianGea. Ceunrilmember Dwyer seGended t-hp-_ moti nn Ayes: 5 Nays: 0 ACTION RESCINDED AT 10/16/01 MEETING. KINDERCARE Council acknowledged a memo from Public Works Director Danielson regarding a proposal from Mr. Tony Feffer, Mendota Heights Associates, and KinderCare to construct a KinderCare Learning Center facility on the remaining Mendota Heights Associates lot on Lexington Avenue. Mr. Feffer and Mr. Jurig Ozga, from KinderCare, were present for the discussion. Mayor Mertensotto asked whether Mr. Feffer is proposing to construct the building on the south two-thirds of his property. Mr. Feffer responded that the KinderCare facility would be located on the remaining parcel and that the building would contain less square footage than Council approved for the site. Mr. Ozga, construction manager for KinderCare, stated that KinderCare would like to construct a single story 10,000 square foot building. He showed Council preliminary drawings and stated that the structure would be surrounded with a play area and a six-foot chain link fence would surround the entire area. There is ample Page No. 7 September 20, 2001 panting and there will be landscaping in accordance with city requirements. He showed a rendering of the type of building he would like to construct and stated that the facility will handle about 180 children from infants to age 12. Councilmember Dwyer stated that this is an informational inquiry to Council. In his opinion, the Planning Commission should look at the proposal first, since this is a significantly different use of the site than Council approved. He was concerned about 180 children being dropped off and picked up at a property so near to the intersection of Mendota Heights Road and Lexington and felt that the Planning Commission should give their input. Mayor Mertensotto stated that the applicants are present to see if the proposal is something the city would entertain as a change. Right now, the development plan for the parcel is office buildings. One concern is that the playground should not be intermingled with the parking lot. Mr. Ozga responded that the play area will be enclosed with a six - foot fence and there will be many state requirements that KinderCare must comply with. Mayor Mertensotto stated that one of the city's requirements was that the architectural design of the buildings must share the same theme. He asked whether KinderCare can fit the existing theme. Mr. Feffer responded that it will fit but the building would not have ribbon windows. The nature of the buildings will be the same. The existing building and the proposed building would be on two separate sites that were approved in the subdivision. He stated that he does not have a PUD. He informed Council that 14,326 square feet of gross building area was approved for the parcel and KinderCare is proposing a 10,000 square foot building. There will be more green space on the site than what was originally envisioned and the building will resemble the existing building and will have the same type of exterior brick. Mr. Ozga stated that the facility needs between 30 and 32 parking spaces and 44 are being provided. Mayor Mertensotto stated that the former day care on South Plaza Drive had significant parking and traffic stacking problems. He { ' informed Mr. Ozga that Council would need a traffic engineering study on what the impact of the KinderCare traffic would be. He Page No. 8 September 20, 2001 pointed out that Council has already approved an office complex on Mendota Heights Road across from the Feffer property and the RJ Ryan building is also nearby. He asked whether the KinderCare traffic would be co- mingled with traffic coming into Turner's Gymnastics. Mr. Feffer responded that it would be co- mingled because he could not get another curb cut approved by the county. Mr. Ozga informed Council that traffic coming into this development is quite a distance from the intersection and that KinderCare uses its own buses. Many of the children come at 6:00 a.m. but most would be dropped off from 6:30 to 7:30. Mr. Feffer stated that he is present this evening just to get a feeling from Council about the proposal and to get feedback. He stated that there is substantial cost to go through the process and would like an indication about how Council feels about the proposal before spending a great deal of money. Councilmember Vitelli stated that he sees no serious problem with the proposal as long as it conforms to the zoning for the site and that the process of going through the Planning Commission would iron - issues out. Councilmember Dwyer stated that the zoning is proper, but he has concerns about traffic. Mayor Mertensotto stated that traffic is very heavy on Mendota Heights Road in the morning and afternoon, including buses with children being delivered to St. Thomas and Visitation. Police Chief Piotraschke stated that he could not agree more that the city must be concerned about additional load on that area. St. Thomas and Visitation and Lake Drive are on -going problems, and he would not look forward to new problems caused by additional traffic. Responding to a comment from Mayor Mertensotto that the biggest problem is the timing of when the traffic is heaviest on Mendota Heights Road, he stated that he is working with St. Thomas and Visitation to find a solution to that problem. He stated that aside from an independent traffic analysis from KinderCare, he and the Public Works Director can look at the situation and report back to Council. Page No. 9 September 20, 2001 Councilmember Krebsbach stated that she would like to have the Planning Commission look at the difference between the proposal and the originally envisioned building and use, the volume of traffic that would come into the site and what that would mean in terms of the site being adequate to handle the traffic. She would like the commission to look closely at the entire concept back from when it was discussed and approved by the city. Mr. Feffer stated that the proposed structure is much smaller than what was approved for the site. Responding to a question, he stated that underground parking was never proposed but that two garages were approved for either side of the building. He stated that he understands Council's concerns about traffic and the time traffic will be coming and going from the site. He informed Council that he asked Mr. Ozga to provide additional parking but if green space is an issue the extra parking spaces can be eliminated. Mayor Mertensotto stated that Mr. Feffer should bring a complete analysis to the Planning Commission, including the number of children, traffic analysis, and what streets other KinderCare facilities are located on, etc. Councilmember Krebsbach stated that she would also like staff to provide what had been presented in terms of traffic when the subdivision was approved. Mr. Feffer responded that he did not provide any information about traffic at that time and was never requested to do so. Responding to a question from Councilmember Schneeman, Mr. Ozga stated that KinderCare will own the building. Mayor Mertensotto stated that no one on Council has expressed that KinderCare is an inappropriate use for the site and that Mr. Feffer and Mr. Ozga should provide answers to the questions raised this evening and go before the Planning Commission for their recommendation. PROPERTY NEGOTIATIONS Council acknowledged a letter from Realtor Steve Eriksson regarding his status as negotiator for acquisition of the Town Center parcels. Councilmember Vitelli read portions of the letter for the audience. He stated that the subject is the negotiations with Town Center land -- owners, and Council thoroughly discussed how the city would go Page No. 10 September 20, 2001 about negotiating with the owners. At a meeting, about six weeks ago, Council voted 4-1 to approve retaining a professional negotiator. The Mayor voted in the negative. He stated that he thought the action was clear, but early last week Council was informed that the Mayor met with Brian Birch to conduct negotiations. He felt that was a mistake, because it displayed a lack of respect for Council, the land owners do not know who they are dealing with, and it delayed the process. Councilmember Dwyer stated that it was his understanding that the city retained Mr. Eriksson to be the negotiator and if there is a question, it should be clarified. Councilmember Krebsbach stated that Council holds all of its discussions in the public forum, which is why this matter is being discussed. She stated that she only asks that the decisions of the Council be respected. Mayor Mertensotto took issue with Mr. Eriksson's letter, stating that the characterization is incorrect. He also denied the facts as stated in the letter because they are incorrect. He did not call Mr. Birch with respect to the property acquisition. As background, he stated that Mr. Eriksson has had the task of negotiating with Mr. Birch, Tom Thumb and Oasis for two months and the city has paid two invoices to Mr. Eriksson, for $3,400 and $3,600. Two months have passed since Mr. Eriksson was retained, and the Mayor is vitally concerned about the delays to the senior facility. The city only has six years to complete Town Center, and if negotiations go on much longer, the city could lose another year. After a recent meeting with the Dakota County CDA, he mentioned to staff that the key to the project is Mr. Birch and he felt he should contact Mr. Birch. He called Mr. Birch, who told him he had a claim about the grade of his driveway (after recent street improvements) and the creek erosion on his property. He was upset that he was not getting any satisfaction on those issues and that there is no way he would enter into a contract with the city for the Town Center property unless those claims are settled. Mayor Mertensotto met with Mr. Birch and spent 45 minutes looking at creek erosion on his land and discussing what could be done. They also talked about the driveway. They did not discuss any purchase price for the Town Center property. Mayor Mertensotto told Mr. Birch he would talk to staff and get back to him in two days about the driveway and drainage problems and informed him that he had no idea what it would take in terms of costs and whether the city would have to do a drainage project. He stated that at the meeting, he asked Mr. Birch if he told Mr. Eriksson that those two issues were Page No. 11 September 20, 2001 part of the negotiations and Mr. Birch responded that he had not and that he would not settle on the Town Center property until the other issues are resolved. He told Mr. Birch to give him a figure, and also a figure on the Dodd Road property to bring back to Council if he wished to. That was the extent of the discussion. He stated that he is the Mayor and has the right to speak to any constituent on any matter. He is not a realtor — Council has an independent realtor retained for Town Center negotiations, but he has a duty and obligation to speak to people if it is in the interest of the city. Councilmember Vitelli responded that based on what Mayor Mertensotto stated, he clearly entered into negotiations with Mr. Birch even though Council had expressed on a 4-1 vote that Mr. Eriksson is the negotiator for the land acquisitions. He felt that Mayor Mertensotto is undermining the negotiation process. Councilmember Krebsbacb stated that Council appreciates that Mayor Mertensotto is always very responsive to residents, but in the case of Mr. Birch, it was very important to her that there be an independent negotiator. Councilmember Dwyer stated that the issue of Mr. Birch's alleged problems with the driveway grade and creek erosion may be something that could be combined with the acquisition of his property, but that he would defer to the expert the city retained. Councilmember Schneeman stated that when she was on the Parks and Recreation Commission 25 years ago, the city had issues with Mr. Birch. She felt very strongly that there is an adversarial relationship, and that was why she felt the city needed a negotiator. Council retained a highly respected individual for that purpose and has been paying him for his work. No one on Council knew the Mayor was going to visit with Mr. Birch. Councilmember Vitelli moved to clarify that Steve Eriksson is the exclusive negotiator for the Town Center properties, and further, that no staff member, member of Council or the Mayor, meet with the property owners for acquisition of the properties. Councilmember Krebsbach seconded the motion. Councilmember Dwyer stated that if the motion is approved, it restates what Council did six to eight weeks ago. For the sake of the land owners, they should be notified that, until ffirther notice, the only voice of authority in the negotiations on behalf of the city is Steve Eriksson. VOTE ON MOTION: Ayes: 4 Nays: 1 Mertensotto Page No. 12 September 20, 2001 Councilmember Krebsbach stated that, for the record, Steve Eriksson has been voted by Council to be its official and exclusive negotiator for Town Center. Mayor Mertensotto stated that if he feels that something is in the interest of constituents, he will speak up. COUNCIL COMMENTS Councilmember Krebsbach commended the Police and Fire Departments for a very moving ceremony at Friendly Hills Middle School in regard to the September 11 World Trade Center tragedy. Councilmember Vitelli stated that the fire department annual ball will be held on October 26. He asked residents to welcome the firefighters and purchase tickets when they come to their homes. He also announced the annual fire department open house. Councilmember Dwyer informed Council that he and Councilmember Krebsbach attended the first meeting of the MAC Joint Zoning Board and stated that the group will meet monthly. The committee does not have a chair, and asked that the members submit the name of a candidate for chair. Councilmember Krebsbach stated that the board is looking for someone who is not directly associated with any one of the cities. Councilmember Schneeman informed Council that she met with the Parks and Recreation Commission earlier this evening to discuss park benches on city trails. She stated that she is suggesting that the city get individuals to donate funding for the benches. She will continue working with the commission on the matter. ADJOURN There being no fin-ther business to come before Council, Councilmember Schneeman moved that the meeting be adjourned. Ayes: 5 Councilmember Dwyer seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 9:00 p.m. ATTEST: Klathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor