Loading...
2001-05-15 City Council minutesPage No. I May 15, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 15, 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, 1 101 Victoria Curve, Mendota Heights, Minnesota. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the amended minutes of the regular meeting held on May 1, 2001. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items 5b, Draft MU-PUD Zoning Description, and 5f, Mendota Heights Office Center, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for April. b. Authorization to advertise for the Police Chief position. c. Acknowledgment of quotes and authorization for the issuance of a purchase order to Earl F. Anderson for an amount not to exceed $23,000 for the purchase and installation of play equipment at Roger's Lake Park and authorization for issuance of a purchase order to Earl F. Anderson for resilient surfacing for the Marie park pathway. d. Authorization for the issuance of a purchase order in the amount of $6,975.85, plus tax and delivery, to Dell Computer Corporation for the purchase of four Dell computer systems for Page No. 2 May 15, 2001 the Administration, Engineering and Police Departments in accordance with the departmental budgets. e. Adoption of Resolution No. 01-23, "A RESOLUTION APPROVING AN AGREEMENT MADE AND ENTERED INTO WITH THE STATE OF MINNESOTA DEPARTMENT OF ANTURAL RESOURCES FOR LAKE SHORELINE IMPROVEMENTS IN ROGERS LAKE PARK." f. Approval of the list of contractor licenses dated May 15, 2001. g. Approval of the List of Claims dated May 15, 2001 and totaling $143,560.66. h. Acknowledgment of an estimate for the Town Center Redevelopment Legal Budget. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 MU-PUD LANGUAGE Council acknowledged a memo from Administrative Assistant Hollister regarding draft MU-PUD Zoning District language. Councilmember Krebsbach asked what relationship there is between this amendment and any parcels other than Town Center for when this description could be used. Mayor Mertensotto, stated that Council has always felt that it might use the description for the shopping center. MU-PUD could be applied to any land that is guided for it, otherwise the parcels would have to be rezoned. Councilmember Krebsbach stated that there should be protection so that the description cannot be used broadly throughout the city. Mayor Mertensotto responded that the description is restrictive and would apply to redevelopment districts where there would be mixed uses. City Attorney Dan Schleck stated that this would just be another definition within the Zoning Ordinance and would fall within the process that would apply to zoning amendments, etc. In order to add this language there will need to be a public hearing on an amendment to the Zoning Ordinance. Page No. 3 May 15, 2001 Councilmember Vitelli moved to acknowledge receipt of the information on the proposed MU-PUD Zoning description. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 MENDOTA HEIGHTS OFFICE Council acknowledged the final plat for the Mendota Heights CENTER Office Center, along with a memo from Civil Engineer Marc Mogan. Mr. Tony Feffer was present on behalf of the developers. Mayor Mertensotto stated that when this matter was before Council two weeks ago, the discussion was continued to this evening because Council wanted an easement added for the Lexington Avenue trail. In the interim, Engineer Mogan has reviewed the plat and the trail design. Engineer Mogan has determined that the city can construct the trail on a public easement outside the plat without going onto the Mendota Heights Office Center property. Public Works Director Danielson informed Council that Engineer Mogan designed the trail from Mendota Heights Road by this property, and the trail can be constructed entirely within existing right-of-way. In addition, Mr. Feffer has provided a letter to the city stating that he will provide an easement without cost to the city should the city need it. Councilmember Krebsbach asked if the city would need more easement for the trail if the county widens Lexington. Mr. Danielson responded that County approval of the plat was required since it is located on a county road. When he appeared before the county, Mr. Feffer had to provide the right-of-way required by the county. If the county wanted additional right-of-way for widening Lexington in the future, they would have required it at the time of county plat approval. Otherwise they would have to purchase or condemn it. He informed Council that the pedestrian trail will be separated from the roadway. Mayor Mertensotto pointed out that if the city was planning to extend the trail north of Wagon Wheel, additional right-of-way would be needed. Councilmember Krebsbach stated that she wants to be certain that there are no future problems since the easement is not shown on the plat. Page No. 4 May 15, 2001 Public Works Director Danielson responded that the county will not allow any trail easements to be shown on a plat. Mr. Feffer has shown a ten foot wide utility easement along Lexington Avenue. Although it is a utility easement, it could be used for a trail if it were necessary. Councilmember Vitelli moved adoption of Resolution No. 01 -22, "A RESOLUTION APPROVING A FINAL PLAT FOR MENDOTA HEIGHTS OFFICE CENTER," along with authorization for issuance of a building permit for the second office building, subject to review and approval by the Code Enforcement Officer. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ROGERS LAKE QUALITY Mr. Garry Loufek, Instructor, and members of the St. Thomas Academy Environmental Studies class were present to report their findings on analysis of the water quality of Rogers Lake. Mr. Loufek stated that the protocol of testing was changed last year, so the class did not make a presentation to Council. This year, there are two years of data to present. Council acknowledged information on averaged data for testing done at ten sites along Rogers Lake, portfolio water quality tests average, coliform and chemicals. The following students made presentations: Dan O'Brien, Matt Marshall and Jeff Bezel. Mr. O'Brien described the nine tests that were performed on Rogers lake. Mr. Marshall reviewed the test sites and the test results. He stated that the biggest problem that was discovered is the fecal coliform level. Much of the problem is caused by geese, but is also attributable to the fact that the residential properties do not have a buffer to keep coliform out of the water. Site No. 6, along residential area, had the highest coliform level, and it is an area where there are a lot of geese. He stated that the two years of data is very accurate because all nine tests were taken at all of the sites. He stated that it appears that the water quality has improved over the eight years of testing. Mayor Mertensotto stated that sanitary sewer was installed in this area at least fifteen years ago but there may still be residual levels of coliform sitting in the water table. Page No. 5 May 15, 2001 Mr. Loufer stated that if there was a fifteen to twenty yard buffer zone from the shoreline back to where the lawns are manicured, it would buffer runoff into the water and reduce the coliform level. Councilmember Dwyer stated that the DNR is proposing to put in an experimental buffer in Rogers Lake Park, possibly to help reduce this problem. Mr. Bezel reported on the analysis of the micro invertebrates in the water. Mayor Mertensotto asked the students if they envision from the work they have done that the beach area could possibly be used as a swimming area. Mr. Marshall responded that it would take a long time and a lot of effort but it would be possible. Mr. Bezel stated that he would not swim in the lake because of the coliform, but just the buffer zone would lower the coliform level in the lake. Council thanked Mr. Loufer and the Environmental Studies Class for their work and their presentation. HEARING — LOUISIDA Mayor Mertensotto stated that a hearing had been scheduled for LANE VACATION this evening on an application from the American Lung Association for vacation of the Louisida Lane right-of-way, but the applicant has requested that it be continued to June 19. No one was present for the hearing. It was Council consensus to continue the hearing to June 19. VALLEY PARK STORM Council acknowledged a memo from Parks Project Manager DAMAGE Guy Kullander regarding the need to repair storm damages in Valley Park. Mr. Kullander stated that when the original trails were built in Valley Park, the creek crossings in several locations were accomplished by installing 36" culverts. In two locations, the culverts were replaced with bridges. Twin culverts near Park Place have washed out and been repaired several times in the past and they have washed out again. Engineer Mogan recommends that they be replaced with a 30 foot long, ten foot wide steel bridge. Page No. 6 May 15, 2001 Mayor Mertensotto was concerned that a bridge might wash out also. j He asked why gabions are not used in addition to the bridge. He stated that there are two piers that would anchor the bridge, and it will continue to erode around the bridge. Mr. Kullander responded that gabions just slow the flow of water. Gabions would add considerable cost to the project, and he did not think they would be needed. He stated that Engineer Mogan believes that the bridge will solve the problem. Councilmember Vitelli stated that he visited the site and supports the staff recommendation. Councilmember Krebsbach was concerned about safety and asked what the sides of the bridge will be like. Mr. Kullander responded that the same railings that are used on all of the city's park bridges will be used on this bridge. They are designed for safety. Mayor Mertensotto noted that the estimated cost is $37,500. He stated that it is not necessary to come back to Council for approval of purchase orders as long as the cost is less than $50,000. Councilmember Vitelli moved to approve the plans and authorize issuance of purchase orders for the project constriction components for replacement of the twin 36" culverts in Valley Park (at Park Place) with a bridge, costs to be fielded equally by the Special Park Fund and the Storm Utility Fund. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 KIPP ADDITION FINAL PLAT Council acknowledged the proposed final plat for the Kipp Addition, along with the proposed developer's agreement and a memo from Public Works Director Danielson. Council also acknowledged letters from Mr. Boyd Ratchye & Ms. Susan Light, and from Mr. Peter Coyle on behalf of Mr. Kipp. Mr. Ira Kipp, his legal representative Neil Blanchette, Mr. Tim Pabst and Mr. Boyd Ratchye were present for the discussion. Mr. Blanchette stated that Mr. Kipp and Mr. & Mrs. Henry Pabst are co- applicants and that the Pabsts are represented by Mr. Tim Pabst. Mr. Blanchette reviewed the history of the plat, reviewed the proposed plat and access. He requested that the final plat be Page No. 7 May 15, 2001 approved subject to the three conditions recommended in the staff report ( 24' wide street, utility easement across the outlot — serving the Ratchye lot, and center island maintenance by the homeowners). Mayor Mertensotto stated that his only concern is that there is a stand of maple trees that Council would like to protect in the median. The access is a city street and it will be maintained by the city, so it will be subject to sand and salt in the winter. He stated that he does not want the salt and sand pushed into the median, and there should be a ten foot easement along all of the lots to protect the median. Mr. Blanchette responded that he provided a ten foot easement along the Kipp property. Mayor Mertensotto stated that the easement is not shown on Outlot A and it must have an easement. Mr. Blanchette responded that Mr. Kipp does not have any objection to the easement along his property, but the Outlot is Pabst property. Mr. Pabst stated that he understands the concern and has no problem with continuing the ten foot easement as long as it is understood that the purpose of the easement is for snow storage and nothing else. The easement would not be for access , and would not be a pedestrian easement or anything like that. He stated that Outlot A exists for a reason and he does not want to lose that buffer or the purpose behind Outlot A. Councilmember Dwyer suggested that the easement be identified as a snow storage easement. Public Works Director Danielson responded that he does not think the county would accept that language and that all the county allows is drainage and utility easements. Mr. Pabst stated that he has no problem with naming it a drainage and utility easement as long as its purpose is understood to be for snow storage. Councilmember Schneeman stated that she wants to be sure who is responsible for maintaining the median. Mr. Blanchette responded that the developers agreement includes a condition that requires the developer to file a document with Dakota County that provides for maintenance of the median by the property Page No. 8 May 15, 2001 owners. He stated that the current land owners maintain the area now and will continue to maintain it. Mayor Mertensotto stated that the developers agreement will provide that the center median will be subject to maintenance by the home owners in the area and will not be the responsibility of the city. He asked Mr. Kipp if it is his intent that the new home owners and Mr. Kipp's successors will maintain it. Mr. Kipp stated that he will continue to mow in the median and that the Pabsts have a mowing service to mow it also. Mr. Blanchette stated that Mr. Kipp and the Pabsts currently each own half of the median and each maintains their half. Mayor Mertensotto stated that the developers agreement should be clarified to state that the center island will not be subject to municipal maintenance and to state who is responsible for its maintenance. Ms. Sue Steinwall, legal counsel for Mr. Ratchye and his wife Ms. Susan Light, stated that much time has gone into the platting process up to this point. Her clients very much like the configuration of Wagon Wheel Court as a loop as opposed to the original cul-de-sac and appreciate the efforts of the city to maintain the trees, etc. Mr. Ratclye's principal objection to the subdivision has been Outlot A. He is concerned about the impact of the outlot on his ability to develop his property at some point in the future. Outlot A is an effective barrier between the publicly dedicated street and his property. He feels the public good is better served by making that resource available to all. Mr. Ratchye outlined several objections his letter to the city. She proposed that in addition to providing a utility easement across Outlot A, that access across Outlot A also be dedicated on the plat. Short of that, Mr. Ratchye would like the commitment from Council for access for a new lot north of the Ratchye home directly onto Wagon Wheel Trail. She stated that Mr. Ratchye seeks the ability to access a public street. Mayor Mertensotto responded that this plat is a compromise. Wagon Wheel Trail was turned back to the city by the county. Anyone who owns property abutting Wagon Wheel has the right to access Wagon Wheel. There is room on the Ratchye property to create another lot and that lot would have direct access to Wagon wheel. It has no need for access - the Ratchye property has not been subdivided. Outlot A will be a utility and drainage easement and utilities will be Page No. 9 May 15, 2001 brought under the median to provide utilities to the Ratchye property. There is an existing four inch sewer and water line and that would be replaced by an eight inch line. Ms. Steinwall asked if the intent of the city and the petitioners to abandon the current water and sewer lines. Mayor Mertensotto stated that they area going to be replaced, but the issue before Council this evening is the final plat. The owners have not yet petitioned for utilities and the city has not prepared plans yet. Council's minutes can reflect that Ms. Steinwall asked whether Mr. Ratchye would be restricted from getting access to Wagon Wheel. Mr. Ratchye will be able to get sewer and water into his property. Access to the any new lot can come from Wagon Wheel. Councilmember Dwyer stated that he is not going to make a commitment to something he has not seen. If an appropriate plat comes in (for the Ratchye property), the city will respond appropriately. Mayor Mertensotto stated that access is not being taken away from the Ratchye property. Outlot A would not be an impediment to getting access from Wagon Wheel. Mayor Mertensotto stated that the plat must be amended to show a utility and drainage easement and ten feet along Outlot A so that the city has space for snow storage. Mr. Pabst clarified that on the easement across Outlot :A that was agreed to last year, there is a single service — service to a single residence across Outlot A. Mayor Mertensotto stated that when the city puts in a stub from the public main to the property line, there has never been a joint stub. A single stub is installed per service. Councilmember Dwyer moved adoption of Resolution No. 01 -24, "A RESOLUTION APPROVING A FINAL PLAT FOR KIPP ADDITION," with the condition that the final plat must be amended to show the ten foot utility /drainage easement along Outlot A and subject to the amendments to the developer's agreement regarding maintenance of the median. Councilmember Schneeman seconded the motion. Ayes: 5 �� _� Nays: 0 Page No. 10 May 15, 2001 LIVABLE COMMUNITIES Council acknowledged a memo from Administrator Lindberg GRANT APPLICATION recommending authorization for submission of a Metropolitan Council Livable Communities grant application for Town Center. Council also acknowledged a memo from Ms. Carolyn Krall, from Studio Works, regarding the application. Ms. Carolyn Krall was present for the discussion. Ms. Krall distributed copies of the draft of the grant application to Council and briefly reviewed the application process. She stated that grant funds can be used for project and site planning costs, design costs and construction costs. Components that could be fianded from the grant include the welcoming greens, wetlands enhancements, village commons, east neighborhood green, interpretive markers and town square. She described where nature and historical markers are suggested to be located, and stated that the funding request is for $1.4 million. Mayor Mertensotto stated that perhaps Council can pool the city's Dakota County CDA funds to purchase the land needed for the senior housing component. Councilmember Schneeman asked whether the city could apply for TEA funds to construct a pedestrian trail under Dodd Road. She felt that going under Dodd with a trail is a very important piece of the project. Ms. Krall responded that the applications for TEA had to be submitted already, but that she will look at federal grant sources. Councilmember Krebsbach stated that she was happy to hear in the presentation that grant funds can be used for signage. One thing she likes in the proposal is the does not want commercial-type back lit signs. She asked whether grant money can be used to contribute towards the uniform signage Council has talked about. Ms. Krall responded that the signage she was referring to was more to identify Town Center itself, as well as parking signage, etc, rather than the individual merchant signage. The city would not want to fund those signs, but they will all be covered by development guidelines. Responding to a question from Councilmember Krebsbach, Ms. Krall stated that the ponding area will be 150 feet or more from the right-of-way, so there will be a good sized green space between the comer and the pond. Page No. 11 May 15, 2001 Councilmember Krebsbach asked Ms. Krall to do anything she can to keep the corner of a quality comparable to the Mendakota Country Club corner. She was concerned about preserving the trees where signage will go. Ms. Krall responded that nothing will be removed that does not have to be removed. She stated that the interpretive signage will be low. She also responded to questions about the width of the "greens" and the town square. Councilmember Vitelli asked about the estimated cost for development of the application and the follow through from Studio Works. Ms. Krall responded that Studio Works has spent about $1,000 so far. It will probably cost about $1,500 to finish the first phase of the application process. The second phase will probably cost about the same amount, and those costs are already built into her contract with the city. There will not be any additional cost. Ms. Krall informed Council that the application will be submitted tomorrow. While an indication of Council support will be beneficial, Council approval of the short-form application is not required at this time, nor is adoption of a resolution. Approval will be required for the Phase II proposal in September. She stated that she is present this evening to inform Council that she is submitting the application and to get a general sense that the application is acceptable. Mayor Mertensotto felt that it would be appropriate to adopt a resolution indicating Council's support. Councilmember Vitelli moved adoption of Resolution No. 01 -25, "RESOLUTION AUTHORIZING CAROLYN KRALL TO APPLY FOR A METROPOLITAN COUNCIL LIVABLE COMMUNITIES GRANT." Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 UTILITY PERMIT ORDINANCE Council acknowledged a memo and proposed ordinance from Public Works Director Danielson regarding prohibiting the issuance of permits to any utility that does not have a current franchise agreement with the city. Page No. 12 May 15, 2001 Mayor Mertensotto stated that he prepared the draft ordinance after the city received a letter from Xcel Energy saying that the city missed the 60 day requirement and they have a conditional use permit by default. He stated that this is totally different from the understanding the city had with the Xcel municipal representatives. He pointed out that the city has been involved with Xcel in a long, extensive steering committee process. He stated that he believes that an ordinance must be put in place, and that Mr. Pat Cline, from Xcel, is aware of the proposed ordinance and a copy has been provided to Xcel. Xcel does not have a current franchise agreement with the city. Under the proposed ordinance, any utility (whether public or private) that does not have a current franchise with the city will not be entitled to receive a permit of any kind. The Xcel representatives asked for an extension to June, and he told them he would not recommend an extension. He stated that he has every reason to believe that common sense will prevail but that Council must protect the city. Councilmember Dwyer stated that he and former Councilmember Smith met with Mr. Cline two years ago to try to negotiate an extension of the franchise. His recollection was that NSP's insistence that the new franchise be for a term of 25 years was the significant issue. Mayor Mertensotto agreed, stating that Council wants to have the right to withdraw, and he did not like that the city would have to abide by the utility's rules if there was a disagreement. Councilmember Dwyer stated that he believes the ordinance is necessary to protect the health, safety and welfare of the community. Councilmember Kxebsbach moved adoption of Ordinance No. 359, "AN ORDINANCE PROHIBITING THE ISSUANCE OF ANY PERMITS TO A UTILITY, PUBLIC OR PRIVATE, THAT DOES NOT HAVE A CURRENT FRANCHISE OR CONTRACT AGREEMENT IN FULL FORCE AND EFFECT." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto pointed out that routine maintenance and emergency repairs are not affected by this action. COUNCIL COMMENTS Councilmember Vitelli acknowledged a letter he received from Dr. Bill Wild regarding the need for additional ice time for hockey. Page No. 13 May 15, 2001 Administrator Lindberg informed Council that the first meeting of the hockey arena committee is scheduled for May 16. Councilmember Dwyer stated that he has received many phone calls from people, both in favor of the arena proposal and opposed to it. Councilmember Vitelli expressed appreciation to the volunteers from city staff who worked at the Spring Clean-up. Councilmember Krebsbach asked staff to research why there is no catch basin on the south side of Ivy Lane. ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:45 p.m. ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson City Clerk