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2000-07-18 City Council minutesPage No. 1 July 18, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 18, 2000 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Huber, Krebsbach and Schneeman. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on July 6, 2000 as amended. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move item 51, market feasibility study, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the June 27, 2000 Planning Commission meeting. b. Acknowledgment of the minutes of the July 11, 2000 Parks and Recreation Commission meeting. c. Acknowledgment of the NDC4 meeting schedule for July and August. d. Acknowledgment of the Fire Department monthly report for June. e. Acknowledgment of the Treasurer's monthly report for June. Page No. 2 July 18, 2000 f. Acknowledgment of a notice of fling by Urban Media of Minnesota Inc. to provide local telephone service. g. Acknowledgment of a memo from Public Works Director Danielson regarding replacement of the A.P.T. antennas on the water tower and 'the addition of one antenna to each group, in accordance with their agreement with the city. h. Acknowledgment of information from the Kennedy and Graven law firm regarding a Court of Appeals decision on the sixty day rule. i. Adoption of Resolution No. 00 -55, "A RESOLUTION AUTHORIZING PARTICIPATION IN SAFE & SOBER COMMUNITIES." j. Approval of the street centerline paint striping program for 2000 and authorization. for issuance of a purchase order to Century Fence Company for street paint markings, under the Dakota County contract; for a cost not to exceed $9,000. k. Authorization for the purchase of a Federal Warning Systems brand warning siren from Federal Wanting Systems, for a cost of $11,093.27, and authorization to retain Nelson Radio Communications to install the siren on the U.S. West antenna tower on the west side of the Civic Center ballfield for a cost not to exceed $5,000. 1. Acceptance of a donation of two trees from the Mendota Heights Garden Club to enhance the City Hall landscaping, and acknowledgment of the continuing efforts of the Garden Club. m. Approval of the issuance of a sign permit to Nordquist Sign Company, Inc. to change the face of the ground sign at 2425 Waters Drive (Tuthill Linkage Group). n. Adoption of Resolution No. 00 -56, "A RESOLUTION DENYING AN 18 -FOOT FRONT YARD SETBACK VARIANCE FOR A GARAGE ADDITION AT 2341 KRESSIN AVENUE." o. Adoption of Resolution No. 00 -57, "A RESOLUTION j APPROVING' A FINAL PLAT FOR MENDOTA HEIGHTS TECHNOLOGY CENTER PHASE IV." Page No. 3 July 18, 2000 p. Approval of the list of contractor licenses dated July 18, 2000. q. Approval of the List of Claims dated July 18, 2000 and totaling $3,336,533.98. Councilmember'Huber seconded the motion. Ayes: 5 Nays: 0 I -35E BRIDGE Mr. Art Werthauser was present to give Council and the audience an update on the I -35E bridge project. He stated that he was designated by Council to represent the city on the aesthetics committee along with Dakota County Commissioner Patrice Bataglia. The committee of representatives from Mendota Heights, Mendota and Lilydale have agreed on aesthetics. He described the aesthetic details, including lighting, and showed drawings of the bridge design. Dakota County will. maintain the pedway on the bridge, and it is proposed that the cost of electricity for the pedestrian lighting be shared by the three communities. Mr. Werthauser described the construction staging for Council and responded to Council questions. COUNCIL COMMENTS Councilmember Huber announced that he will not seek re- election this fall. He stated that he has spent two terms on Council and served on the Parks and Recreation and believes it is time to step aside when his term is up. He is malting the announcement early so that people who are thinking about running for public office are aware off his intentions. He expressed his appreciation to the residents for their support and to the City Council and staff. RELAY FOR LIFE Ms. Hillary Langenberger, Relay Coordinator for the east metro portion of the American Cancer Society's Relay for Life. She gave Council and the audience an overview of the activity and stated that she is looking for people to participate in the cancer survivor leg of the event. The Mendota Heights Relay for Life is being sponsored by St. Thomas Academy, and the Academy is providing its track for the event. Volunteers are needed to set up the luminaries and give directions. Mayor Mertensott o invited Ms. Langenberger to leave a sign up sheet at City Hall so that residents can come in and volunteer. MARKET STUDY Council acknowledged a memo from Public Works Director Danielson regarding the Maxfield Research proposal for a work program for the Town Center market study. Page No. 4 July 18, 2000 Councilmember Schneeman moved to authorize the Mayor to execute an agreement with Maxfield Research for preparation of the Town Center market study. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 KIPP ADDITION Council acknowledged a memo from Public Works Director Danielson regarding reconsideration of the Ira Kipp preliminary plat. Council also acknowledged copies of historical information and two new plans submitted by Mr. Kipp. Mr. Kipp, his legal representative Mr. Peter Coyle, Mr. Boyd Ratchye and Mr. Tim Pabst were present for the discussion. Mr. Coyle stated that the subdivision has been through several Planning Commission reviews and received a recommendation for approval by the commission. Council denied the subdivision application because of the cul -de -sac. Mr. Kipp has revised the plan to bring the cul -de= sac into conformance and has focused on a boulevard plan. This would benefit the Ratchye and Pabst properties as well. The boulevard plan would require right -of -way from Mr. Pabst. Mr. Kipp is prepared to participate both in terms of land and financially, but that would require financial participation from both the Ratchyes and Pabsts. It has been suggested that the way the bubble was designed it would create a light impact on Mr. Ratchye, and Mr. Kipp is prepared to soften the bubble. The separating boulevard was widened between the two lanes for public safety and school bus access. That change was suggested by city staff. The Planning Commission has suggested that the original cul- de -sac plan was acceptable and Mr. Kipp would be comfortable with that plan. Pieces of the boulevard plan are supported by Mr. Ratchye and by Mr. Pabst. They do not agree to other pieces. The Pabst position is that they would be willing to dedicate right -of -way for the boulevard plan but no contribution to assessments. He stated that Mr. Kipp can live with that. Mr. Pabst has indicated that the Outlot A must be maintained, but that would restrict access to the Ratchye property. Mr. Ratchye did not feel he should have to participate in the costs if he has no access to the public street and since he does have access to Wagon Wheel. He stated that Mr. Kipp is asking for direction on how to proceed — should he proceed with the cul -de -sac plan or the boulevard plan? Mr. Kipp is willing to pursue either option and will participate financially in either plan. He would front end the cost of constructing the improvements for the cul -de -sac plan and would agree that the other properties would not have to pay until Page No. 5 July 18, 2000 they hook up to the utilities. With the boulevard plan, it would be necessary to have the consent of the other property owners. Mr. Pabst has indicted that his family would dedicate the land for the boulevard plan but would not participate financially. Mayor Mertensotto stated that one of the requirements of the city's ordinance is that the applicant must show how adjoining properties can be served. He,stated the boulevard design is what was originally intended when the properties were first developed, as city records show. Also, the boulevard plan serves both the east and west sides. The reason city staff wants the boulevard section to be 30 feet wide is so that there is at least 15 feet on each side of the trees for root protection. A 24 foot asphalt roadway width is better for school buses and public safety vehicles. Snow would not all be thrown into the boulevard, so there must be some place for snow storage. Engineering would like a 30 foot boulevard area with 30 feet of right -of -way on each side. The city will probably also need an additional nine to ten feet of easement area for installing utilities. There is a problem in determining the cost of utilities. If the city installs the utilities to serve the lots on the west side and disturb the Pabst and Ratchye properties, they must be reconnected. That cost will have to be covered. Part of Outlot A will have to be used, so some of the existing evergreens will have to be moved. Mrs. Anderson, who owns property adjacent to the Kipp property, is concerned about storm drainage coming from the development onto her property. The grading plan should address a berm on the west property line to direct runoff to Wagon Wheel. Mr. Coyle responded that he spoke to Mr. Kipp about the concern over drainage to the Anderson property and Mr. Kipp is willing to accommodate whatever grading design city engineering feels is necessary. In response to questions from Councilmember Krebsbach, Mr. Coyle stated that the cul -de -sac would move further into the Kipp area and further into Outlot A in order to accomplish the swing in the boulevard that would be necessary to accommodate the movement of emergency vehicles. Mr. Kipp would bear his proportionate share of the costs. He understood that the Pabsts would donate the street area and would not accept assessments. The Ratchye properties would be assessed for two lots. Mayor Mertensotto responded that if Mr. Ratchye has only one lot with access to public right -of -way, the city would be hard pressed to get a second assessment. Until he develops an additional lot, it would be difficult to prove benefit. If construction disrupts the private sewer line to the Ratchye property, the city would have to Page No. 6 July 18, 2000 hook up the Ratchye property to utilities. Council would have to first find out what is in the best interest of the city in terms of planning. Councilmember Krebsbach stated that she understands that if Council approves the cul -de -sac plan that was presented before, Mr. Kipp would pick up the total cost and the others would pay when they hook up. Mr. Coyle stated that the Pabsts and Ratchyes would prefer the boulevard plan, but for different reasons and dependent on different outcomes. From the Ratchye perspective, Outlot A is a detriment, and from the Pabst perspective the plan is acceptable only if Outlot A stays as it is. Mayor Mertensotto pointed out that the city would not use all of Outlot A, but a portion would be needed. Councilmember Dwyer stated that based on the materials provided to Council in the agenda packet, he would like to hear from Mr. Ratchye and Mr. Pabst as to what objection they would have to the expanded cul -de -sac plan. Mr. Ratchye stated that late this afternoon he faxed a letter to Mr. Danielson on his position on both proposals. He distributed a copy to Council. The problem with the boulevard proposal is that Outlot A cuts his lot completely off. He has no access across Outlot A. His property would have 83 feet on the proposed public road, which means it would be non - conforming lot if he divides his lot in half. The only conforming access he would have would be to Wagon Wheel, 290 feet north of his home. For that reason, he would object to any assessment on his property. He will be denied access since he cannot cross Outlot A. He stated that late yesterday afternoon he discussed with Mr. Kipp and Mr. Pabst suggested a change that would bring the turn- around south and to meet the matters of protecting the boulevard, to swing it south and extend it with the city taking Outlot A. That changes everything for him and would put him in a position where he would be subject to a special assessment. He spoke to Mr. Pabst this afternoon, and Mr. Pabst indicted that the current restriction is simply on the easement and Mr. Ratchye would only be subject to the one -lot restriction if he only has an easement on a private road. If he is on a public road, he could develop the site. Mr. Ratchye stated that he has no intent to develop his property. He requested that Council send the boulevard proposal back to the Planning Commission with the idea that Outlot A be taken by the Page No. 7 July 18, 2000 city and the expense be a part of the project. At that point he would be subject to an assessment because he could connect his property to the new utilities. He showed a plan for future development that Mr. Henry Pabst submitted to the city in 1976 for a future 11 lot development. Mr. Pabst sold a portion of the property to Mr. Vern Lovegren, who sold it to Mr. Kipp. He stated that he feels the expanded cul -de -sac proposal is a piecemeal design. The way the cul -de -sac goes in gives a private access to Wagon Wheel with directly adjacent public access. It also brings light into his home from the cul -de -sac. He objected to the aesthetics because he felt it would damage his property. Mr. Tim Pabst restated his parents' position, that they continue to oppose the Kipp subdivision. He stated that the Mayor and Councilmember Huber had asked his parents to work with Mr. Kipp and develop an alternative, which they have done. He stated that he supports the boulevard plan with the conditions Public Works Director Danielson stated in his memo. His parents are willing to give the east leg of the boulevard to the city but in return they expect to have no costs associated with the project. In concept, they support the plan. They do not have much interest in hooking up to the utilities, but he would like to know what the costs would be. He stated that his family insists that Outiot A continue as a barrier to subdivision of the Ratchye property. Having made a mistake once on the west side, they have no intent to make a mistake this time. They sold the west side to Mr. Lovegren thirty years ago without putting any restrictions on it and now it is being divided. They want the outlot in order to prevent further development on the east. Mr. Ratchye is no worse off with the proposed plan. Today Mr. Ratchye has an "unsubdividable" lot. He can use the Pabst driveway and if he is able to subdivide, one other lot could use the driveway. Under the boulevard plan with the outlot, he is no worse off. Mayor Mertensotto pointed out that the three inch utility service that currently exists to the private homes is inadequate. He stated that the boulevard plan is preferable because it preserves the trees. More area is needed to provide protection for the root structure of the trees and to keep sand and salt from plowing off the trees. He stated that he did not care where the curve is flattened out, but that must be done, and the city must make sure Mr. Ratchye has access to the public street. Mr. Pabst responded that as he reads the plan, Mr. Ratchye would have access to the public street right from his existing driveway. Page No. 8 July 18, 2000 Mayor Mertensotto responded that the loop probably should be flattened out to come over onto Outlot A. Mr. Pabst stated that his family favors the loop being closer to Wagon Wheel. Mayor Mertensotto stated that the Pabsts are talking about granting a certain amount of right -of -way from Outlot A to the city and for that they would want to assessment. He stated that someone will have to cover the cost. Where the loop is will determine the cost of the run for sewer and water. Mr. Coyle will have to work with city engineering to come up with a revised preliminary plat to show how the property to the east can be served. Mr. Pabst stated that his family still opposes the subdivision. All of the discussion has been on the assumption that development will take place. He stated that if Council is moving towards supporting the subdivision, he would stand up and say he would prefer the boulevard plan over the cul -de -sac plan. Mayor Mertensotto responded that Mr. Kipp has indicated that he would be willing to redesign his plan. Based on the engineering recommendation, he does not know how much of Outlot A will remain. Mr. Pabst's concern is that at least a strip of it remain. Council does not know what the cost of utilities will be but anticipates about $17,500 per lot. Mr. Coyle stated that Mr. Kipp is willing to do whatever Council directs him to do. Councilmember Dwyer stated that he would like to know whether Mr. Coyle has reviewed the Ratchye letter. In the letter, Mr. Ratchye has a section titled "win/win/win proposal," which generally adopts the idea of a boulevard solution. Mr. Coyle responded that the bullets are workable but they presume that the public access issue will get resolved so that Mr. Ratchye's property is not landlocked. He stated that the adjacent property owners must make some concessions. Mayor Mertensotto pointed out that Mr. Ratchye's property will not be landlocked but what he is concerned about is having a non- conforming lot because it would not only be 83 feet wide. He stated that the other two property owners could join in the plat and then the public right -of -way would be come part of the plat. Page No. 9 July 18, 2000 Councilmember Krebsbach stated that she would like the proposal to be sketched professionally for the next meeting and that there at least be a statement from each party about their position on what would be acceptable and unacceptable about the plan. Councilmember Huber stated that he believes the boulevard plan is the best design. He also stated that he understands the Pabst desire to keep the outlot along the boulevard as a barrier against future development and Mr. Ratchye's concern about public access. Councilmember Dwyer stated that he supported the cul -de -sac plan initially and this is an even more compliant cul -de -sac plan. The boulevard plan is even better, but what he needs to know how much the city would be putting into it — how much the city would pay so that Mr. Kipp can develop his land and prevent an obnoxious development. He is now proposing a cul -de -sac plan that meets all the ordinance requirements but may be undesirable and unsafe, and the city is saying it would be willing to talk to Mr. Kipp and the other parties to avoid that result. Mayor Mertensotto stated that Council would have to determine what the cost will be and what the burden would be on the city. The boulevard design is of greater benefit to the city, and the city will encumber some costs. Councilmember Dwyer stated that he will not vote for the development unless he knows what the city cost will be. Councilmember Huber stated that he also wants to know what the cost will be and that he has concern about taking someone's land to help a developer. The city does not have a history of taking people's land adversely. Councilmember Schneeman stated that this is a very unique, beautiful piece of property and that is a part of the problem. The Pabsts planted the trees originally and it is very picturesque property. She stated that Council needs a little more time and to visit the site to see what the proposals are. Mr. Coyle indicated that he would return in two weeks with a revised preliminary plat for the boulevard design. CASE NO. 00 -10, MENDOTA Council acknowledged a memo from Assistant Hollister regarding HEIGHTS ASSOCIATES OF a request from the Mendota Heights Associates of North Oaks for Page No. 10 July 18, 2000 NORTH OAKS final plat and building permit approval for its development on Lexington Avenue. Mr. Bruce Haverly and Mr. Tony Feffer were present for the discussion. Ayes: 5 Nays: 0 Public Works Director Danielson informed Council that the final plan is consistent with the approved preliminary plat but staff has not yet received confirmation from MnDOT that they have finalized their review. The trail will be adjacent to Lexington but staff has not done final design. He stated that the developers have agreed to grant additional right -of -way either for slope easement or right -of -way if it is needed. Councilmember Krebsbach asked if the commitment from the developers to grant additional right -of -way has been submitted in writing. Mayor Mertensotto suggested that Council can approve the plat subject to receipt of a letter from the developers stating that if the city needs either a temporary easement or right -of -way they will grant it to the city. Mr. Haverly stated that he would agree to submit a letter. Councilmember Dwyer moved adoption of Resolution No. 00 -58, "A RESOLUTION APPROVING A FINAL PLAT FOR MENDOTA HEIGHTS OFFICE CENTRE," on the condition that the developers submit a letter agreeing to grant to the city either temporary or permanent slope easements or right -of -way, whatever is needed, for the trail that will be constructed on the east side of Lexington Avenue. Councilmember Schneeman seconded the motion. Mr. Haverly stated reviewed architectural renderings for proposed phase one of the project. He stated that there will be garages on the side of the building and that the building conforms to the MAC noise guidelines. He also reviewed the landscaping plan. Mr. Uphoff stated that the drainage plan must be approved by MnDOT. The drainage plans have been submitted to MnDOT, and based on their comments, he has increased the amount of on -site water storage. Councilmember Dwyer moved to authorize issuance of a building permit consistent with the plans submitted to Council this evening. Page No. 11 July 18, 2000 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach cautioned the developers to make sure the landscaping plan recognizes that some of the plantings may need to be moved if additional trail easements are required. CASE NO. 00-26, KOEPKE Council acknowledged an application from Dr. Tom Koepke for an amendment to the Zoning Ordinance to allow the parking of a commercial in the driveway at 539 John Street. Mr. Joe Beaton, legal counsel for Dr. Koepke, was present for the discussion. Council also acknowledged associated staff reports. Mr. Beaton stated that he has informed Dr. Koepke that in its present form coming from the Planning Commission, there is no way the Council would approve his application. He stated that he is looking for a way to resolve the issue without going back to the commission. He stated that he would not come back with a proposal to amend the ordinance. Mayor Mertensotto asked Mr. Beaton if he is asking Council, rather that adopting the Planning Commission recommendation of denial, to table the matter so that he can file an amended application. Mr. Beaton stated that it is possible that something can be worked out under the ordinance and if that is not possible, he would prefer to come back to the Council and not the commission. Mayor Mertensotto responded that there is an application before Council and Council must act on it in 60 days. Council can adopt the Planning Commission recommendation and grant Dr. Koepke leave to file an amended application without paying an additional fee. That would allow him to come directly to Council. Councilmember Dwyer moved adoption of Resolution No. 00 -59, "A RESOLUTION DENYING AN APPLICATION FOR AN AMENDMENT TO THE ZONING ORDINANCE NO. 401 TO ALLOW THE PARKING OF A COMMERCIAL VEHICLE IN A DRIVEWAY IN THE R -1 ZONE," with the condition that Council grants leave to the applicant to file an amended application without additional application fee. Councilmember Schneeman seconded the motion. Ayes: 5 i Nays: 0 FAX Ayes: 5 Nays: 0 Page No. 12 July 18, 2000 Council acknowledged a memo from Administrator Batchelder regarding the draft NDC 4 Joint Powers Agreement. Councilmember Huber informed Council that South St. Paul has adopted the draft that is before Council. The key issues that were concerns were the withdrawal procedures and what protection a withdrawing member would have for interest in the NDC4 building. He reviewed the new language relating to those issues. He also stated that the pay back to the members increases to 25% of the franchise fee under the proposed agreement. He informed Council that the commission is currently entertaining applications from two other cable providers. Councilmember Huber moved to approve the draft NDC4 Joint Powers Agreement Councilmember Krebsbach seconded the motion. WORKLIST Council acknowledged a memo from Public Works Director Danielson regarding city membership in the Worklist!com internet service. The service would publish the city's advertising for improvement projects on its website. There would be no charge, but the city would enter into an agreement. After brief discussion, Councilmember Schneeman moved to table discussion on the matter. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ADMINISTRATOR PROFILE Council reviewed and revised a proposed City Administrator recruitment profile and schedule. Councilmember Schneeman moved to approve the City Administrator Recruitment Profile as revised. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 SUBURBAN RATE Council acknowledged a memo from Administrator Batchelder AUTHORITY regarding membership in the Suburban Rate Authority. No action was taken. Page No. 13 July 18, 2000 WORKSHOP Council acknowledged a memo from Administrator Batchelder regarding rescheduling the Council workshop that was tentatively scheduled for August 12 for review of City Administrator resumes, discussion on Town Center, and the St. Thomas Academy hockey /community center proposal. Councilmember Schneeman moved to schedule a City Council workshop on Monday, August 14 at 5:00 p.m. at City Hall. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto expressed Council's best wishes to Administrator Batchelder for a successful career in Silverthorn, Colorado. ADJOURN There being no fizrther business to come before Council, Councilmember Schneeman moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:04 p.m. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor