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2001-02-20 City Council minutesPage No. 1 February 20, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 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 February 6, 2001 as amended. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items c, D.A.R.E. program donation, h., sign permit for South Ridge Business Center, and k., Human Resources/Communications Coordinator job description, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for January, 2001. b. Acknowledgment of an informational memo regarding the recodification process. c. Authorization for a $1,500 contingency from the City Council budget for the Tenth Annual Celebrate Mendota Heights Parks event. d. Authorization for the issuance of a purchase order to for the purchase of two 2001 Ford Crown Victoria squad cars to replace two existing marked squads, for a total cost of $. Page No. 2 February 20, 2001 Authorization for the Public Works Department to demolish the Ivy Park warming house and restore the site, for a cost not to exceed $2,000, with financing by the Special Park Fund. f. Authorization for execution of a Private Watermain Agreement between the city and St. Paul Regional Water Services for the Dakota County CDA family housing project on Lexington Avenue. g. Authorization for the Fire Department to proceed with the purchase of a Zodiac boat motor and trailer and three water rescue suits for a cost not to exceed $10,000 and authorization for the sale of the existing boat, motor and trailer. h. Approval of an extension of a building permit for Robert Salmen for construction of a garage at 1694 Dodd Road. i. Approval to reschedule to March 14 Airports Relations Commission meeting to Wednesday, March 7. j. Approval of the list of Rubbish Hauler licenses dated February 20, 2001. k. Approval of the list of contractor licenses dated February 20, 2001. 1. Approval of the List of Claims dated February 20, 2001 and totaling $202,319.72. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 D.A.R.E. DONATION Council acknowledged a memo from Police Chief Johnson informing Council of donation of $800 from the Vasatka -Goers VFW Post #6690 to the D.A.R.E. Program. In response to a question from Councilmember Schneeman about whether the program should be moving on to the older children, Police Chief Johnson stated that lately there have been criticisms of the program but his opinion is that there must not only be vigorous enforcement of the drug laws but that time and resources must be placed towards the children. The D.A.R.E. program is effective in building relationships between police and children. No one can Page No. 3 February 20, 2001 I_ answer whether it is effective in discouraging children from using drugs in the long term, but he believes it is the best hope for the future. D.A.R.E. International is looking at moving the program up to the seventh grade level with a booster in the ninth grade. He stated that he believes the D.A.R.E. program is very worthwhile. Mayor Mertensotto stated that over 2,500 young people have been through the program and he believes it is worthwhile, at least to the extent that the program gives young people positive exposure to police officers. Councilmember Schneeman stated that she is interested in hearing about the changes that are being proposed and also revisiting it in the ninth grade. Chief Johnson stated that the department is very grateful to organizations like the VFW that contribute every year to the program. Councilmember Krebsbach asked her support for the program. She stated that she likes the idea of D.A.R.E. in the fifth grade, but would support whatever future changes there are. Councilmember Dwyer moved to acknowledge the generous donation of $800 from the Vasatka Goers VFW Post #6690 for the city's D.A.R.E. program. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 SIGN PERMIT Council acknowledged a memo from Assistant Hollister regarding an application from Visual Communications for approval of two 4.5 square foot directional signs for the United Properties SouthRidge Business Center at 1355 Mendota Heights Road. Councilmember Krebsbach stated that she is comfortable with the color and the size of the signs. Councilmember Vitelli stated that he feels that this was an excellent submittal, very clear and acceptable. Councilmember Krebsbach moved to authorize the issuance of a sign permit for two 4.5 square foot directional signs at SouthRidge Business Center as submitted. Page No. 4 February 20, 2001 Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 HUMAN RESOURCES/ Council acknowledged a memo and proposed job description for COMMUNICATIONS the proposed Human Resources /Communications Coordinator COORDINATOR position. Councilmember Schneeman stated that she would like to include in developing an orientation package and assisting in the orientation of new City Council members and Commission members in the job description. It was the consensus to expand the job description to include orientation of new Council and Commission members. Councilmember Dwyer moved to approve the job description as amended, authorize creation of a Human Resources and Communications Coordinator position, and authorize staff to begin the recruitment process. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Senator Jim Metzen and Representative Tom Pugh were present to discuss legislative issues with the Council. Senator Metzen stated that it is early in the legislative session and he is present to ask if there are any requests Council may have. Last session he and Rep. Pugh and others carried the city's TIF legislation. Mayor Mertensotto thanked Senator Metzen and the other Dakota County legislators who assisted in getting the TIF legislation passed. He stated that the city's legal counsel who was retained for the TIF project, has informed Council of a proposed bill that would pre -empt all other laws relating to TIF districts created pre -1990. The city received special approval, through the legislation passed last year, to use $4.5 million from the existing TIF district on the Town Center project. He asked how Council can be assured that Senator Metzen's staff will monitor the proposed legislation for the city, so that the city is exempted if the legislation is adopted, or so that the timing for the expenditure is extended beyond 2002. He stated that the Dakota County CDA would not agree to build a 60 unit senior housing Page No. 5 February 20, 2001 facility if there is no understanding or agreement from the city that the city is going to develop the project and construct the amenities. Sen. Metzen responded that he will monitor the proposed bill and he and the other legislators will be the city's lobbyists. Mayor Mertensotto thanked Rep. Pugh for his assistance in getting the special TIF legislation for the city last year authorizing funding for the Freeway Road redevelopment area. He stated that HF 187 /SF 73, would modify the TIF legislation, which includes all TIF districts created before 1990, and would pre -empt all other TIF laws including the city's TIF District 1. Rep. Pugh stated that he would be happy to monitor the bills. He suggested that the letter from the city's legal counsel be sent to Sen. Weiner and Rep. Wilkins as well as to Sen. Metzen and him. He spoke briefly on the Governor's proposed tax plan and the impact it could have on the city. He stated that the reception for the Governor's plan, especially the expansion of the sales tax, has not been well received by the general public. He stated that it appears that school aids would be taken out of the property tax, but the Governor relies on the cities to bring their taxes up to fill the gap on some of the savings. HACA and LGA would be eliminated, which means the city would lose $487,000 in HACA assistance. Mayor Mertensotto stated that it has never been a favorable trend to increase the sales tax to offset real estate taxes. Taking the school levy off the real estate taxes, immediately the TIF increment is gone. Senator Metzen informed Council that he is on the energy committee this year, and it is very challenging. There was discussion over energy concerns, projected shortages and utility deregulation. Councilmember Krebsbach that she is on the AMM Board and chairs an AMM Metropolitan Governance Committee, which has recommended a steady state for the Metropolitan Council so that it remains an appointed body. She asked what the legislators expect with regard to the status of the Metropolitan Council. Rep. Pugh stated that many of the two of the leading proponents of legislation regarding the Metropolitan Council are no longer in the House and he has not seen any bills regarding an elected Metropolitan Council. Further, he stated that he expects the tax plan and budget issues will consume most of the legislature's time this year. Page No. 6 February 20, 2001 Council heard comments from Mr. Brian Birch and Mr. Sten Gerfast regarding the Town Center project and from Mrs. Betty Schuster regarding a newspaper article discussing the availability of funds for fire departments. Mayor Mertensotto expressed Council's appreciation to Senator Metzen and Representative Pugh for attending the meeting and for their assistance in the past. THARALDSON Council acknowledged a letter from the Tharaldson Development DEVELOPMENT Company regarding Northwest Airlines' termination of its contract for the Heritage Inn and Tharaldson's desire to convert the facility to a Fairfield Inn and Suites. Council also acknowledged associated staff reports. Ms. Stacy Anderson, representing Tharaldson, was present for the discussion. Mayor Mertensotto stated that Tharaldson had a contract with Northwest to house pilots at the Heritage Inn. Because the employees were bussed back and forth between the NATCO training center, the hotel and the airport, the Heritage Inn did not need as many parking spaces as the ordinance requires. For this reason, the city gave a proof of parking exemption. Ms. Anderson stated that July 19 is tentatively the final date Northwest will use the Heritage Inn, however they will be incrementally decreasing their usage until that time. Tharaldson proposes to put in the parking that would bring the hotel up to code while Northwest is decreasing its use of the hotel. Mayor Mertensotto stated that one of the trade -offs for granting proof of parking was increased landscaping. He stated that the city has to review the landscaping plan to see how the increased parking will fit. Responding to a question from Mayor Mertensotto regarding the Heritage Inn liquor license, Ms. Anderson stated that the food preparation facilities will be removed when the hotel is opened up to the public. She stated that she does not believe Fairfield Inn will require a liquor license but Tharaldson would like to continue the license if the facility qualifies. Mayor Mertensotto pointed out that since the time the facility was built, the city has adopted fire regulations similar to Bloomington and other cities. At one time Tharaldson proposed building a Page No. 7 February 20, 2001 second, identical building, and under the new requirements a concrete stairway would have been mandated. Northwest did not want to pay the extra cost, and expansion never occurred. Ms. Anderson responded that Tharaldson does not have any plans to expand the facility. All that is planned is remodeling. The carpets will be replaced and the interior will be repainted to match the Fairfield Inn colors. The lobby will be enlarged to provide a continental breakfast area. The kitchen area will be remodeled into a swimming pool room. Mayor Mertensotto stated that city staff will need to review the building, landscaping, parking and grading (and other) plans, and that the City Clerk should review the liquor license issue. He felt that the City Planner should also look at the plans. He recommended that action on the request be tabled to allow further staff review. Councilmember Krebsbach stated that when the original conditional use permit came before Council, she voted against the application because she was concerned about wooden stair wells. She stated that she would like the Fire Department to report on fire safety. Ms. Anderson responded that the hotel is a fully automatic sprinkled building, including the attic and stairwells, and the building meets code. Councilmember Vitelli moved to refer the matter to staff for complete analysis and recommendation. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer stated that he would like to make sure that staff to pay particular attention to code compliance because of the change in use from contract to public. Ms. Anderson informed Council that she will be going through very detailed code analysis with the city's staff tomorrow morning. TOWN CENTER Council acknowledged a memo from Administrator Lindberg regarding consideration of Town Center Concept Plan approval. Ms. Carolyn Krall was present for the discussion. Ms. Krall stated that she has submitted a revised plan with today's date that includes only some minor text changes and a date change. There have been no other plan changes other than those discussed at Page No. 8 February 20, 2001 the last Council workshop. That includes modifying the east neighborhood to show fully underground parking for the three groups of townhomes. One proposed landscaping solution around the veterinary clinic is shown, but the exact solution for the boundaries of the veterinary clinic property has not been determined. The next phase in the process is a planning process to look at design guidelines, PUD issues, etc., so there will be much more room for modification, study and refinement of this plan. Mayor Mertensotto noted that item three in the proposed resolution states that the concept plan shall be subject to adjustment, including impact to the animal hospital. Mayor Mertensotto stated that the Parks and Recreation Commission had hoped to meet with Ms. Krall. Commissioner Craighead has informed him that he will be out of town the second week in March and asked if Ms. Krall could meet with the commission either the first or third week of the month. Councilmember Krebsbach asked if the percentage of land to retail and housing has been set. 1 Ms. Krall stated that the plan states a goal of 25% open space. She stated that she has not tried to tightly pin down any of the percentages at this time because there is an extensive amount of detail work that must still be done, including working with a hydrologist and traffic consultants. Councilmember Krebsbach asked whether there is room in the plan and in the resolution to make modifications to the plan should Council desire them (for instance if the outlying retail goes away and housing is increased). Administrator Lindberg responded that the resolution was left quite open to allow for modification. Council would be able to make changes to the plan, but the resolution allows the consultants to move forward with the general concept and allows adjustment to the design and technical aspects of the plan. Ms. Krall stated that the resolution allows the city to go forward with the technical review. Responding to a question from Councilmember Krebsbach, Administrator Lindberg stated that the TIF plan that will be coming the second meeting in March will set things more in stone. The Page No. 9 February 20, 2001 proposed resolution just allows Council to move forward and is not a legal milestone. Councilmember Krebsbach asked if there is any language can be added to item three, because it seems that there may be more than just design adjustment. Ms. Krall responded that the reason the various items were listed is because they were recognized as issues that need to be resolved. Adjustment to the plan is not limited to those items. Councilmember Dwyer stated that it is his understanding that this is a concept plan and when everything is completed and the project is successful, the final development will resemble the concept plan. Parks Commissioner Craighead stated that the commission would like to review the concept plan, because a concept plan can very easily become "the" plan. Two years ago when the commission initially looked at the concept plan there was a community gathering area that now has become a town square. The Park Commission feels strongly that there are not enough north/south pedways. The concept plan addresses more of a means of moving in a car rather than on a bike or on walkways. He stated that the commission would like to look at the plan. Mayor Mertensotto stated that the commission will need to meet in advance of the second Council meeting in March and that staff should try to schedule the commission meeting for the first week in March. Ms. Krall responded to a question from Councilmember Krebsbach regarding underground parking for housing. Mr. Brian Birch expressed his frustration over the proposed development and his inability to develop his property. He stated that he has tried to come before Council in the past and that if he were given a workshop he could show how to cut the project cost by 50% and result in a development the community would really like. He stated that his proposal would leave Freeway Road in place and his senior center would be on the south side of the development. The project should cost $25 million versus $50 million. Councilmember Vitelli stated that the city is not going to spend $50 million developing the project - developers will develop the residences and the retail site. Tax payers will not be paying for the Page No. 10 February 20, 2001 development. He pointed out that there have been numerous town meetings and many hours spent on the concept. Mr. Birch stated that he came to one of the meetings and was not allowed to review his proposal. He stated that he likes the proposed design but it is too costly. He stated that it will cost the city $4.5 million to buy his property, and the city will not be able to make the project succeed. He submitted his proposal to Council and stated that he is interested in the small business owners and in his neighborhood. Mayor Mertensotto stated that the city only has $4.5 million to work with and Mr. Birch claims $4.5 million independent of what is built on the site. Mr. Birch responded that the city has to deal with him before spending any more money on consultants. He stated that he is the roadblock to the project and he will go through eminent and will get the $4.5 million. He stated that he and the city should work together on the project. Mayor Mertensotto stated that Ms. Krall can look at Mr. Birch's plan, address his concerns and give Council an overview. Mr. Birch responded that his plan should have been in Council's hands a long time ago and should have been brought to the public as the guidelines. He stated that it only took him about five hours to draw up the guidelines and plan. He submitted a letter regarding how he arrived at a $4.5 million value for his land. He stated that his attorney has not yet had a response from the city's attorney even though he has been waiting since December to have a meeting set up. Mayor Mertensotto stated that he understood that a meeting was being arranged through the city's legal counsel with Mr. Birch's legal counsel. He asked Administrator Lindberg to follow up on the matter. Mr. Sten Gerfast stated that he has submitted petitions and surveys from the neighborhood. Councilmember Schneeman asked Mr. Gerfast to give the city a list of the people who are members of the association. Page No. 11 February 20, 2001 Mr. Gerfast stated that he does not think the people would want him to submit a list. Councilmember Vitelli supported the request. He stated that Mr. Gerfast continues to reference 200 people and he would like to know how many people recognize Mr. Gerfast as their spokesman, which is why he feels Council should see the list of people he speaks for. He stated that he is new on the Council and he doesn't know whether Mr. Gerfast is speaking for 200 people, or for himself. Mr. Gerfast stated that he would be happy to show Council the list but that he would not give the city a copy until he asks at least the people on the executive committee for approval to copy the list. Mayor Mertensotto stated that the only way Mr. Gerfast can substantiate people's concerns is if they sign their names and addresses. Councilmember Vitelli stated that many changes have been made to the plan in the last 18 months to recognize citizen input. He felt that Mr. Gerfast owes it to Council to reconfirm who he represents now. If Mr. Gerfast represented 200 people two years ago it is not likely that same number of people feel the same now. He felt that the number of people who objected have probably been reduced significantly because of the changes made, including retaining the veterinary hospital and moving the senior facility. He stated that it would be helpful if people would sign a statement saying that Sten Gerfast represents their view on the project. Responding to a comment from Mr. Gerfast regarding the survey, Mayor Mertensotto stated that the responses cannot be substantiated because there were no names or addresses on the responses. Councilmember Vitelli stated that during the election campaign, he walked every street on the east side and west side of the development. He asked everyone in the neighborhood whether the development should take place and what they now think of the development. He stated that he got very few complaints and many comments from people wanting to get the project going and clean up the corner. He stated that this is why he is asking Mr. Gerfast who he represents. Mr. Gerfast resubmitted the results of the survey taken last year. Page No. 12 February 20, 2001 Council acknowledged a memo from staff responding to written questions that were submitted by Mr. Gerfast at the last workshop. City Attorney Schleck pointed out that the responses should in no way be interpreted as positions of the Council. They are staff responses for use by the Council. Ms. Krall pointed out that questions were submitted at each of the focus meetings and there was a "frequently asked questions" section in each of the focus meeting mailings. People were encouraged to submit questions at the meetings. As the process continues, she will periodically prepare newsletters that will respond to resident questions. Council acknowledged a letter from Mr. Bob Larson. Mr. Birch stated that Freeway Road comes through his property and the city does not have clear title to that land and will have to clear that up. Mayor Mertensotto responded that usually the City would go to the county auditor and get the ownership of record and have the title company review the record and prepare a report. Mr. Birch stated that the state thinks it is giving the city forty feet of his property but they are not. They are encroaching on his property without compensation. Councilmember Krebsbach stated that further analysis will be done and the Parks and Recreation Commission will review the concept plan. The draft resolution gives Council room to make changes in the concept. Council has gotten input from the community, and incorporated that comments regarding the animal hospital and the senior housing facility. She stated that she would not want to act on the resolution if anyone on Council still has questions. Mayor Mertensotto stated that Council has not heard from the people on the frontage road who told him they do not want all the traffic that would come west on T.H. 110 to Delaware and then follow the frontage road into the project. Council has also received complaints about students taking the frontage road to Wesley to Dodd. Council needs to look at making a cut from T.H. 110. He felt it is very important that Council look at this issue. Studying the issue will not keep Council from looking at the plan further. Up to this point, Page No. 13 February 20, 2001 Council has not adopted a concept plan, and Ms. Krall must submit a separate proposal for the next phase. He asked Ms. Krall to give Council a definitive contract on what she proposes to do and what the cost will be. Council also needs a proposal from Mr. Scott Ruppert regarding what his appraisal work will be, what he will do and what it will cost. Councilmember Krebsbach stated that she thinks Council is in agreement that the concept is going to be approved. Adopting the resolution would be official recognition that something is going to happen. Mayor Mertensotto stated that there is no public hearing required on the proposed concept plan resolution, but there will be a public hearing by the Planning Commission at the time they consider rezoning and other issues. Councilmember Vitelli moved adoption of Resolution No. 01 -09, "RESOLUTION APPROVING THE CONCEPT PLAN FOR REDEVELOPMENT OF THE FREEWAY ROAD SITE AS A MIXED USE DEVELOPMENT TO BE KNOWN AS MENDOTA HEIGHTS TOWN CENTER." Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 Attorney Schleck stated that Council is basically voting on a plan to look at a plan and in terms of public hearings. When Council goes through the PUD and rezoning processes there are specific requirements for public hearings that must be held. Consideration of adoption of the resolution does not fall under any of the ordinances that would require public hearing or public notice. The resolution also gives Council room for modification of the concept. COUNCIL COMMENTS Councilmember Krebsbach stated that she has received a call from a resident about the storage of RV's and cars, etc., in yards and requesting that the city enforce or amend the appropriate ordinances. Mayor Mertensotto responded that in past years, the Police Department canvassed the city, especially for vehicles that have not been moved for months. He asked Chief Johnson to have the police department monitor vehicle storage as part of the spring clean-up efforts. Page No. 14 February 20, 2001 Councilmember Vitelli informed Council that he has taken the initiative of working with Brown Institute and its neighbors with regard to parking. Councilmember Dwyer reported that he and Councilmember Schneeman had attended a recent ISAIA meeting regarding the crisis in workforce housing and reported on legislation being prepared by that group in response to the issue. Councilmember Krebsbach stated that the AMM has taken a position of opposing the proposed legislation. While the ISAIA is a reputable group, the AMM feels that the livable communities act is working. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned to closed session for labor negotiations. Councilmember Kxebsbach seconded the motion. Ayes: 5 Nays: 0 ATTEST: Charles E. Mertensotto Mayor TIME OF ADJOURNMENT: 9:45 p.m. rRRE-1thleen M. Swanson City Clerk