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2001-03-20 City Council minutesPage No. 1 March 20, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 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 and Vitelli. Councilmember Schneeman had notified Council that she would be absent. AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular meeting held on February 20, 2001 as amended. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Vitelli moved approval of the minutes of the regular meeting held on March 6, 2001 as amended. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for February. b. Acknowledgment of the Fire Department monthly report for February. c. Authorization for the issuance of a sign permit to Attracta Signs for installation of a 19.40 square foot wall sign to be installed above the main entry to EXP(&,,NETS, 2060 Center Pointe Blvd., Suite 5. Page No. 2 March 20, 2001 d. Authorization for the issuance of a temporary Liquor License to the Beth Jacob Congregation for Sunday, May 6, 2001, from 6:00 p.m. to 10:00 p.m., in conjunction with its annual fund raiser, along with waiver of the $50 license fee. e. Authorization to reschedule a public haring on the city's Tax Increment Plan Modification from February 16 to March 20, 2001. f. Authorization for the purchase of a Savin 9922 Digital Imaging System from Icon Office Solutions for its low quote of $4,954, to be financed by the Equipment Reserve Fund. g. Authorization for the issuance of 3.2 Off -Sale Non - Intoxicating Malt Beverage Licenses to Speedway SuperAmerica Stores #4516 and #4521. h. Approval of the list of contractor licenses dated March 20, 2001. i. Approval of the List of Claims dated March 20, 2001 and totaling $172,278.30. j. Acknowledgment of receipt of the Maxfield Research Market Feasibility Study and authorization for staff to charge $20 for copies of the report. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 HEARING: TAX INCREMENT Mayor Mertensotto opened the meeting for the purpose of a public DISTRICT MODIFICATION hearing on a proposed modification to the city's Tax Increment Financing Plan and Development District Plan (Freeway Road Project) for Tax Increment District No. 1. Council acknowledged a memo from Treasurer Shaughnessy and a letter from Mr. John Herman of Faegre & Benson, the city's TIF consultants, along with a proposed resolution. Treasurer Shaughnessy informed the audience that the hearing has been called to amend the TIF plan to increase the spending allowed on the Town Center project, to adjust the plan to conform with the special legislation that was adopted in 2000. He stated that hearing notices had been mailed to Dakota County and the school district. Dakota County has endorsed the plan and encouraged the city to get Page No. 3 March 20, 2001 going on the project. The plan modification would authorize the city to spend up to $4.5 million on the project. Mayor Mertensotto read five findings identified in Mr. Herman's letter for the audience. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Councilmember Dwyer moved adoption of Resolution No. 01 -12, "RESOLUTION APPROVING MODIFICATION NO.3 TO THE TAX INCREMENT FINANCING PLAN AND DEVELOPMENT DISTRICT PLAN (FREEWAY ROAD PROJECT) FOR THE TAX INCREMENT FINANCING DISTRICT NO. 1 AND MUNICIPAL DEVELOPMENT DISTRICT NO. 1." Councilmember Krebsbach seconded the motion. Ayes:4 Nays: 0 CASE NO. 01 -03, CRESS Council acknowledged a memo from Assistant Hollister relative to the application from Richard Cress for a front yard setback variance and building permit for CSC Publishing, 1155 Northland Drive. Council also acknowledged a memo from Assistant Hollister informing Council that Mrs. Cress has requested that consideration on the matter be tabled for two weeks. Mayor Mertensotto stated that he will not be in attendance at the next Council meeting and reiterated Council's concerns when the matter was discussed on March 6. He stated that Council was concerned over the roof and building color scheme, moving the trash enclosure, enhancing the landscaping and verification of parking requirement compliance. Councilmember Vitelli moved to approve the applicant's request for continuance, and to continue discussion on the application for variance and building permit approval to April 3. Councilmember Dwyer seconded the motion. Ayes: 4 ( ) Nays:0 Page No. 4 March 20, 2001 MARIE AVENUE Council acknowledged a memo from Engineer Marc Mogan IMPROVEMENTS regarding the proposed mill and overlay project along Marie Avenue between Lexington and Victoria. Engineer Mogan informed Council that staff mailed a letter to each of the eight property owners who would be affected by the project. The letter invited them to appear before council or submit written comments. He stated that he has not received any telephone or written comments from those residents. A letter sent to the residents on February 13 generated five responses, and four of the five respondents opposed the project. Mayor Mertensotto stated that Engineer Mogan has determined that if a mill and overlay project is not done in the next year or two, there is a risk that more damage will occur and a much more extensive project will be required. Engineer Mogan responded that the cost of a mill and overlay project is estimated at $140,000 versus an estimated $360,000 for total reconstruction. He stated that he is suggesting that each of the affected properties be assessed $1,300 for the mill and overlay project, which is the same amount assessed last year for a mill and overlay project. Mayor Mertensotto stated that even though the city sent the property owners a letter, he would like to give them another opportunity to comment. He recommended that Council schedule a public hearing. Ms. Linda Steuck, 1795 South Victoria, stated that she did not respond to the letter because she did not know if she was being fairly assessed. She stated that she would like to know that $1,300 is a firm assessment and if the properties are being fairly assessed. She also stated that she feels that the section of Marie between Victoria and Dodd Road is much worse that the section between Lexington and Victoria. Mayor Mertensotto responded that the city did a mill and overlay project last year and assessed $1,300 per property, which is the recommendation for this project. He stated that Council realizes Marie Avenue carries heavy traffic and that he feels the $1,300 assessment would be treating the property owners fairly. Engineer Mogan Stated that he believe Ms. Steuck's comment about l the other section of Marie is in reference to the area of the bridge deck, east of Wachtler. He stated that this section of road needs to Page No. 5 March 20, 2001 be replaced and that he would like to include that section in this project. He commented that the section of Marie between Dodd and Victoria is getting bad and that the city could consider doing the entire section from Lexington to Victoria this year. Councilmember Krebsbach asked whether it would be better to do two projects instead of tearing up the entire length of street at once. Mayor Mertensotto pointed out that a public hearing would be required for the project and stated that he feels Council should consider doing the entire project. Responding to a question from Councilmember Krebsbach, Engineer Mogan stated that the life of a mill and overlay is about ten years, or about half of the service life of a reconstruction project. Councilmember Dwyer moved adoption of Resolution No. 01 -13, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT AND CALLING FOR PUBLIC HEARING ON PROPOSED MARIE AVENUE STREET IMPROVEMENTS." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 THARALDSON (HERITAGE Council acknowledged a memo from Assistant Hollister regarding INN CONVERSION) continued discussion on a request from Tharaldson Development Company for issuance of a building permit and sign permit for conversion of the Heritage Inn to a Fairfield Inn and Suites facility. Council also acknowledged a letter from the city planner regarding the landscape plan, a letter from Tharaldson Development and memos from Code Enforcement Officer Berg and from the City Cleric. Ms. Stacy Anderson was present on behalf of Tharaldson Development. Mayor Mertensotto asked Ms. Anderson what impact expanding the parking from 73 spaces to 121 spaces had on the existing landscaping. Ms. Anderson responded that the majority of the trees can be salvaged and replanted. Also, Tharaldson submitted a landscape plan that has been reviewed and approved by the city planner. Mayor Mertensotto noted that the city planner recommended that Council also look at the maintenance of the landscaping to see if any of the existing plantings should be replaced. Page No. 6 March 20, 2001 Public Works Director Danielson stated that Tharaldson had an extensive landscape plan when the building was first constructed. He felt that the planner's suggestion that the city look at the landscaping in the spring is a good suggestion, and stated that Mr. Grittman will look at the landscaping when the snow is melted. Mayor Mertensotto stated that the City Clerk has informed Council that the facility will not qualify for a liquor license after the remodeling takes place. He informed Ms. Anderson that as soon as the dining room is remodeled, the liquor license will terminate. Ms. Anderson expressed her agreement, stating that she is aware that the facility will not qualify once the dining room is removed. Mayor Mertensotto asked what sign permits Tharaldson will be applying for. Ms. Anderson stated that Tharaldson will be asking to replace the existing Heritage Inn entrance sign with a Fairfield Inn and Suites sign. Tharaldson also proposes two building signs that meet code and will be applying for a variance for a pole sign along the freeway that is similar in height and size to the Courtyard by Marriott sign. Mayor Mertensotto stated that if Council gives permission to proceed with the remodeling, it would be with the condition that Tharaldson permit the city planner to review the landscaping after the snow melts. Tharaldson could proceed with the remodeling with the understanding that it must apply for all of the signage. Ms. Anderson responded that a July 19 facility opening is anticipated and that she does not think it would be a problem to apply immediately for all of the signage. Councilmember Krebsbach stated that she would like to have the room rate removed from the signage. Ms. Anderson responded that placing the rate on the drawings was an error. Tharaldson does not and will not show prices on its signs. Councilmember Krebsbach asked if Tharaldson has a plan for landscaping if the trees that are proposed to be moved do not survive. Ms. Anderson responded that Tharaldson does have a plan. Page No. 7 March 20, 2001 Mayor Mertensotto suggested that Council could approve the parking and remodeling and once summer comes, Planner Grittman can review the landscaping and make recommendations. Ms. Anderson stated that she will be more than happy to work with the planner. Councilmember Vitelli moved to authorize issuance of a building permit for the remodeling of the Heritage Inn structure to a Fairfield Inn and Suites, which includes increasing the required parking from 73 to 121 spaces, conditioned upon the city planner evaluating the existing landscaping and giving recommendations to Council. Councilmember Krebsbach seconded the motion. Mayor Mertensotto informed Ms. Anderson that she would make separate applications for signage and Council will look at all signage at the same time. Councilmember Krebsbach stated that if any of the existing plantings are failing, they must be replaced. Ms. Anderson responded that Tharaldson will salvage the trees once the weather permits. She stated that there are many people on the company's staff to make sure the plantings are maintained. If a tree is moved and it does not survive after three months, Tharaldson will replace it with a like planting. HEAVER DEVELOPMENT Council acknowledged a memo from Public Works Director Danielson regarding a request from Mr. Keith Heaver for a building permit to construct a 1 -1/2 story home on Lot 1, Block 2, Ivy Falls South. Council also acknowledged a letter from Mr. Heaver and a copy of the Ivy Falls South developer's agreement. Mr. Heaver was present for the discussion. Mayor Mertensotto stated that there is always a problem when a house does not look the same from the back as it does from the front when it is on a hill. Mr. Heaver stated that his understanding that there is no specific ordinance that sets a guideline on what a story and a half house is. He stated that when he platted the property, he agreed to a one and one -half story limit for this lot because of the concerns of the neighborhood about having a two story home with a walk -out overlooking the Cherry Hills neighborhood. Page No. 8 March 20, 2001 Mayor Mertensotto pointed out that Mr. Heaver had an agreement with the city because of the neighborhood concerns about two and three story homes overlooking them. Councilmember Krebsbach stated that the height restriction was absolutely pivotal to approval of this subdivision. Council discussed the development extensively and agreed in good faith that there would be one and one -half story limit on homes on the corner lots. Mr. Heaver showed the elevations of the proposed home to Council and the audience. Councilmember Krebsbach stated that she does not thing there should be any game playing on what a one and one -half story house is. Council and Mr. Heaver had an understanding about what would and would not be built on the corner lots. Mr. Heaver stated that he agrees with a single story home on Lot 18 and a one and one -half story on Lot 1, Block 2. There is nothing in the city's ordinance defining what a one and one -half story is. What he proposes for Lot 1, Block 2 is that the back profile of the home would have a one story look with a walk -out and possibly dormers. He stated that according to an architectural definition, the proposal is a one and one -half story house. Councilmember Vitelli noted that from the front, the house is a single story and it has a walk -out. Councilmember Krebsbach stated that the key to the issue is that the neighbors behind this lot have an opportunity to review the plan. The concern is that the owners of the proposed structure do not look down into the living space of the homes behind it. Mr. Heaver stated that he has attempted to contact the neighbors but has not been successful. Councilmember Dwyer stated that there should either be a formal public hearing or Council should hose an informal meeting between Mr. Heaver and the neighbors. Councilmember Vitelli stated that he feels the plan is reasonable but that he agrees that the neighbors should be invited to view the proposal. Page No. 9 March 20, 2001 Mr. Heaver stated that he has no problem with talking to the neighbors but that he has already postponed starting construction for a month. Councilmember Vitelli suggested inviting the neighbors to the next Council meeting. Councilmember Krebsbach agreed, stating that Council had assured the neighborhood about what would be allowed. Councilmember Dwyer moved to direct staff to invite the neighbors who live within 250 feet of Lot 1, Block 2, to attend the April 3 meeting so that both people in Cherry Hills and within Ivy Falls South are included in the discussion. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Mr. Heaver stated that he will make it a point to meet individually with the neighbors who will be most affected. Councilmember Dwyer stated that Mr. Heaver must understand that he cannot represent to the neighbors that Council considers the plan to be a one and one -half story structure. Administrator Lindberg stated that staff will send a letter to the neighbors and will let them know that they can submit written comments and do not need to attend the meeting. Councilmember Vitelli suggested that Mr. Heaver's phone number be included in the letter so that people can contact him. RECODIFICATION Council acknowledged a memo from the City Clerk regarding recommended changes to the election absentee ballot precinct ordinance language and recommending rescission of the ordinance establishing a board of health and setting forth the duties of a Health Officer. Mayor Mertensotto stated that he is concerned that the state health department inspects all restaurants so the city does not have a basis for getting involved. He did not think the health board ordinance should continue and pointed out that Council can appoint a Health Officer by resolution in the future if a need arises. Page No. 10 March 20, 2001 Councilmember Krebsbach moved adoption of Ordinance No. 358, "AN ORDINANCE RESCINDING ORDINANCE NO. 11, CODIFIED AS ORDINANCE NO. 1002." Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Vitelli complimented the City Clerk and others involved in preparation of the "Heights Highlites." He also complimented the fire department on their outstanding job in containing a recent residential fire to the garage with no damage to the home. Councilmember Dwyer acknowledged a letter from a resident regarding the Town Center Plan. He referred the letter to staff and asked that the concerns be highlighted to see what kind of accommodations can be made. ADJOURN There being no fiirther business to come before Council, Councilmember Dwyer moved that the meeting be adjourned. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 ATTEST: et Charles E. Mertensotto Mayor TIME OF ADJOURNMENT: 8:37 p.m. i 4-11 , /, y V- - e ,— � � .. athleen M. Swanson City Clerk