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2000-07-06 City Council minutesPage No. 1 July 6, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Thursday, July 6, 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, Krebsbach and Schneeman. Councilmember Huber had notified Council that he would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Dwyer moved approval of the minutes of the regular meeting held on June 20, 2000. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 5d, radio purchase, and 5e, U.S. West easement agreement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the June 6, 2000 Parks and Recreation Commission meeting. b. Acknowledgment of the Building Activity Report for June. c. Acknowledgment of a status report on the Tilsen's Highland Heights and Bunker Hills sod replacement programs. d. Approval of the appointment of Rich Burrows as Utility Leadworker effective July 17, 2000. Page No. 2 July 6, 2000 e. Authorization for the purchase of a Motorola CDM -1550 police base radio system from Bearcom Communications for a cost not to exceed $2,829.40, to be funded by the Equipment Reserve Fund. f. Approval of an amended agreement with regard to the Message Switch and Message Server Contract Among Apple Valley, Mendota Heights and West St. Paul. g. Approval of the list of contractor licenses dated July 6, 2000. h. Approval of the List of Claims dated July 6, 2000 and totaling $97,842.81. Councihnember Dwyer seconded the motion. Ayes: 4 Nays: 0 FIRE RADIOS Council acknowledged a memo from Fire Chief Maczko recommending the purchase of replacement mobile radios for the fire department. Mayor Mertensotto stated that the request is to adopt the staff recommendation of changing over to purchase radios under the Equipment Reserve Fund. He recommended that there be city policy that any radios that are replaced because they have no value must be turned in to the Police Department so the Police Chief can determine the best way to dispose of them and make sure they are taken out of the city's inventory. Councilmember Dwyer moved to authorize the purchase of six mobile radios for the fire department from Ancon Communications for its quote of $14,348 through the State of Minnesota purchasing contract, to be funded through the Equipment Reserve Fund, with the condition that the existing radios must be turned over to the Police Chief for disposal and removal from the city's inventory. Counciimember Schneeman seconded the motion. Ayes: 4 Nays: 0 CASE NO. 00 -14, U.S. WEST Council acknowledged a memo from Public Works Director Danielson regarding a proposed easement agreement between U.S. West and the city with respect to construction of a wireless antenna at the west side of the Civic Center ballfield. Page No. 3 July 6, 2000 Mayor Mertensotto recommended that the agreement be amended so that it actually provides that the height of the antenna be stipulated at an overall height limitation of 53 feet, 5 inches. Councilmember Dwyer moved approval of the easement agreement as amended. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 HOCKEY /CIVIC CENTER Mr. Frank Lang, of Lang Nelson Associates, Inc., was present to PRESENTATION discuss a preliminary concept for a hockey arena/civic center. Mr. Lang informed Council that he is Chair of a committee at St. Thomas Academy to develop 19.6 acres of land that is directly across from the football stadium. He stated that the idea is for a recreation/senior center on the land and that St. Thomas Academy is asking that the city build a hockey arena that would be used by the City, St. Thomas and Visitation. St. Thomas Academy would volunteer to run the sheet of ice. He showed an architect's drawing depicting what he envisions the facility would look like. Councilmember Dwyer asked if the proposal is that the city build the building and St. Thomas provide the land. Mr. Lang responded that there would be two buildings joined by a center area. The hockey area (building) would cost about $2.5 to $3 million. He would like to consult with the city to determine what the city would want for the other building. That cost will vary depending on what the city wants. The facility would cover about half of the 19.6 acres. He informed Council that he has met with the mayor and city administrator to discuss the concept and that he believes the city would benefit by having its own rink, as would St. Thomas and Visitation. Councilmember Schneeman asked what is proposed for the remainder of the land. Mr. Lang responded that some of the land is unbuildable and that he must determine how much of the remaining land is usable. There is nothing in the St. Thomas long range plan for developing the land that would remain. Mayor Mertensotto stated that he understands that the two hockey arenas in Eagan are self- supporting but that community centers are not self supporting. The community center component could be used Page No. 4 July 6, 2000 for meeting areas, community events, etc. The city would likely need to levy debt service each year to cover the operation of the community center. Mr. Lang stated that this proposal has been his sole undertaking and he suggested that the community center get thrown into the mix. Councilmember Schneeman asked if a community center could be used for wedding receptions and similar activities. Mr. Lang responded that wedding receptions would be a good use. He informed Council that he has also contacted the Minnesota Wild because they area always looking for ice time. They are extremely interested in the proposed location because of its proximity to the airport, and they would want to rent ice time. Mayor Mertensotto informed Mr. Lang that the Wild would not have priority. The community would have priority. Councilmember Dwyer asked where Sibley High School would stand. Mr. Lang responded that St. Thomas would have the priority for time since it is donating the land. Mayor Mertensotto stated that the school district talked about building an area and they wanted priority. Mr. Lang informed Council that there is a window of opportunity now where St. Thomas Academy will consider the proposal. He felt that the city would use the facility. Councilmember Krebsbach stated that she would like a better sense of what kind of financial involvement the city would have. Mr. Lang responded that he wants a hockey rink that would seat 2000 and he is not set on the configuration. It depends on what the city would put on the other side. He stated that he did not discuss any costs or financing with the Mayor and Administrator and that he would like to go forward and put the details together. Councilmember Krebsbach stated that council has discussed whether there is an appropriate area in the city for a community center and has talked about the possibility of a civic center in the Mendota Plaza Area. She stated that Council has never talked about the St. Page No. 5 July 6, 2000 Thomas property for a community center and that she wants to include the item on a Council workshop agenda. Council should first discuss whether the St. Thomas property is where a community center should be located. Mayor Mertensotto stated that Mr. Lang asked him if the city would be interested in building an arena on the St. Thomas property and that his response was not without a community center of some type. Councilmember Krebsbach suggested that this relates to the Town Center and would be a good topic for the Town Center workshop. She felt that a community center should be part of a larger discussion and not a reaction to a concept proposal. Mayor Mertensotto stated informed Council that he and the city administrator met with Mr. Lang once and there were never any plans presented. He told Mr. Lang the he could not make any decisions and invited him to come before Council with the concept. Mr. Lang contacted city staff today to request that he be placed on the agenda. Councilmember Krebsbach stated that before Mr. Lang invests any more time or money, Council should convene in a workshop and have this item be on the agenda. Councilmember Schneeman stated that the concept is exciting but that she does not know if it is an appropriate location. Councilmember Dwyer asked Mr. Lang to provide information in writing, for Council's workshop, on how much other ice arenas are used. He felt that Council needs to discuss at length not only whether a civic center is appropriate for this site but also whether Council wants to get involved in an ice arena. He asked Mr. Lang to provide additional data to Council. Councilmember Krebsbach stated that Mr. Lang should not do a lot of work with any assumption of approval. There was discussion over how the city could do a survey to determine resident opinions on an ice arena/civic center. CASE NO. 00 -23, CEMSTONE Council acknowledged an application from Cemstone Products for a wetlands permit to allow removal of brush and undergrowth at 2025 Page No. 6 July 6, 2000 Centre Pointe Boulevard. Council also acknowledged associated staff reports. Mr. Tom Becken was present on behalf of Cemstone. Mr. Becken informed Council that he would like to clean the area to the north of the building but the area is a wetlands. Mayor Mertensotto asked Mr. Becken if this is for aesthetics or if he is planning any development. Mr. Becken responded that all he is proposing is to clear out brush and undergrowth to make the property look better and that he is not planning development. Mayor Mertensotto stated that the work should be limited to the north 60 feet of the property, stating that Council does not want to set a precedent that would allow clear cutting. He also stated that Council should specify what it would be approving. Mr. Becken responded that he will save all of the good trees and that he will not do clear cutting. He stated that he will work with the city's engineering staff. Responding to a question from Councilmember Schneeman, Public Works Director Danielson stated that the area is a wetland, but not a DNR protected wetland, so it is up to the city to decide what to approve. The DNR does allow the city to grant vegetation removal. Mr. Becken stated that he will not disturb the land at all but rather that he just wants to clean the trees out and level the area behind the parking lot. He informed Council that the vegetation makes it difficult to see on- coming traffic when people leave the Cemstone parking lot. Councilmember Dwyer stated that he believes there is a safety issue and pointed out that treaded equipment will not be used to remove the vegetation. Councilmember Dwyer moved adoption of Resolution No. 00 -53, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR THE REMOVAL OF BRUSH AND UNDERGROWTH AT 2025 CENTRE POINTE BOULEVARD," amended to cite in the resolution the area where vegetation removal is authorized. Councilmember Schneeman seconded the motion. Ayes:4 Nays:0 Page No. 7 July 6, 2000 CASE NO. 00-27, SILVER Council acknowledged an application from Mr. Daniel Silver for a nine foot front yard setback variance to allow construction of a garage addition at 1280 Sylvandale Road. Council also acknowledged associated staff reports. Mr. Silver was present for the discussion. Mr. Silver informed Council that the addition will be 21 feet from the property line, which requires a nine foot variance. He stated that he has two front yards because his house is at the intersection of two streets. All of his neighbors fully support the variance. He informed Council that the addition will match the existing structure. Mayor Mertensotto asked Mr. Silver if he plans to put a bituminous slab along the. garage to store things on. Mr. Silver responded that he is not, and that is what he is trying to avoid. He state dthat he has two children who will soon be driving and that he has a boat and camper he would like to store in a garage. Councilmember Dwyer moved adoption of Resolution No. 00 -54, "A RESOLUTION APPROVING A NINE FOOT FRONT YARD SETBACK VARIANCE FOR A GARAGE ADDITION AT 1280 SYLVANDALE ROAD." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CASE NO. 00-28, KUBAT Council acknowledged an application from Mr. Jeffrey Kubat for an 18 foot front yard setback variance to allow construction of a garage addition at 2341 Kressin Avenue. Council also acknowledged associated staff reports. Mr. Kubat was present for the discussion. Mr. Kubat informed Council that he has received the approving signatures of all of his neighbors. Councilmember Dwyer noted that the Planning Commission voted 4/3 on the matter, which is unusual. He pointed out that city ordinance requires a 30 foot front yard setback, but that the established neighborhood front yard setback line is 48 feet. He stated that if he were one of Mr. Kubat's neighbors he would vehemently object to the proposal. He pointed out that once someone builds forward, all the neighbors would have the same right. He also did not see any hardship. Page No. 8 July 6, 2000 Mr. Kubat responded that he cannot put an addition behind the garage because there is living area there. What he is proposing is his only option. He stated that his car was broken into in his driveway,k so security is an issue. Also, he wants to add a mud room and still have room to park his cars. Additionally both his parents and his wife's parents are handicapped and this would provide them better access into the home. Responding to a question from Councilmember Krebsbach, he stated that his home would be the first in the neighborhood to move a garage forward. Councilmember Schneeman asked if the other homes on Kressin have room to add garages to the side. Mr.Kubat responded that one of his neighbors has already extended his garage and the other would not have room Mayor Mertensotto stated that the property can be put to reasonable use and construction of the proposed addition would alter the character of the neighborhood. Council must consider what is in the best interest of the city. The only area where Council has routinely granted front yard setback variances for additions is Friendly Hills, because the lots are small and the only way many of the homes can be expanded is to the front. Otherwise, it is very rare for Council to grant variances from established setbacks. Councilmember Schneeman stated that she feels that when these homes were built in the 1950's they did not have the same needs people have now. The norm now is 3 to 4 car garages. She stated that she would rather that a third car, boat, etc., were parked in a garage than elsewhere on the property. Councilmember Dwyer responded that the proposal does not provide additional garage space. Mr. Kubat stated that he would be adding two stalls and turning part of the existing garage into a mud room. Three cars will be parked in the garage. Councilmember Dwyer stated that there are currently two stalls and no mud room. The proposal is for one extra stall and a mud roo, and there is no technical showing of hardship. Mayor Mertensotto pointed out that the city planner recommended denial for lack of demonstrated hardship. Page No. 9 July 6, 2000 Councilmember Krebsbach asked Mr. Kubat if he has any alternatives other than the 18 foot variance. She stated that if all the homes on the block are set back 48 feet, this would be a significant deviation. Councilmember Dwyer stated that this is a difficult application but he cannot support it: eighteen feet is excessive, there is no demonstrated hardship, and Mr. Kubat has reasonable use of the existing facility Councilmember Dwyer moved to deny the request for variance based on the findings and to direct staff to prepare the appropriate resolution for adoption. on July 20. Councilmember Krebsbach seconded the motion. . Ayes: 4 Nays: 0 METRICOM Council acknowledged a memo from Public Works Director Danielson regarding a proposed right -of -way agreement between the city and Metricom. Council also acknowledged a letter from Buyell Consulting `asking for consideration of a change in the assignment provision and a reduction in the bond amount from $7,500 to $5,000. Mr. Bill Buell was present on behalf of Metricom. Mr. Buell stated that 38 sites have been located on the Metricom map and that could be expanded to sixty locations. He stated that he would like to provide a map and get Council approval if anything changes. Right, now, the only plan is to place the units on utility poles. The next phase would be to come back with locations on buildings. He stated that Copperfield can get fairly good coverage from poles on Delaware Avenue, and in a year or so, he may approach the school to locate units on the middle school building or perhaps someone in Copperfield would like to have a light pole. The units can be either silver gray or white, and Council has expressed a preference for silver. He informed Council that Metricom in Chicago does not have approval authority for a $7,500 bond. Councilmember Dwyer stated that it does not strike him that a $2,500 difference would be a problem for Metricom. Mr. Buell responded that the issue is one of uniformity and precedent. If Metricom grants a $7,500 bond for Mendota Heights it would have to use a similar bond for others. $5,000 is more than twice what other cities have received. Page No. 10 July 6, 2000 Mayor Mertensotto stated that the city must have some means for removal should Metricom choose to abandon the units. Mr. Buell stated that the issue is the multiplier. Uniformity is important to Metricom. He asked Council to consider that at $5,000, the bond would be twice what most cities require. Mr. Buell resad the language Metricom proposes for addition to the assignment section (section 10) of the agreement. Mayor Mertensotto stated that the value must be at least equal to the value of Metricom at the time of transfer. If not, the city would have to approve a transfer. Attorney Hart stated that to the extent that Council is willing to consider the new language, it must be clear that if there is an assignment there must be notice to the city as well as viability. Mr. Buell was directed to work with Attorney Hart on the agreement language. TOWN CENTER Council acknowledged a memo from Administrator Batchelder regarding execution of a grant agreement with the Metropolitan Council relative to the Demonstration Account Grant to the city and consideration of consultants for a planning and market feasibility study for Mendota Heights Town Center. Council also acknowledged proposals for services from Studioworks, Wilson Development Services, and Faegre Benson. Ms. Carolyn Krail, from Studioworks, Mr. Dan Wilson, from Wilson Development Services, and Mr. John Herman, from Faegre Benson, were present for the discussion. Mayor Mertensotto stated that the neighborhood has raised four different concerns: density; traffic; location of the senior facility; and, existing businesses. Ms. Krall stated that the next part of the Town Center planning process will emphasize public participation and responsiveness to the citizen input at the open houses held last fall. She reviewed the services she proposes, which include assisting the city with preparation of regular communications with the neighborhood that address specific issues and keep residents up to date. Focus meetings will be held on specific topics. In parallel, she will coordinate and review traffic studies, a market feasibility study, senior housing revisions, options for existing businesses and engineering details. When the process is completed, all of the results Page No. 11 July 6, 2000 will come to Council in the form of a recommendation. The focus meetings begin in August with senior housing, and each month after that she will conduct another focus meeting addressing the following topics: retail/commercial, existing businesses, market feasibility; traffic concerns; civic amenities, site design, parks and trails; and, residential market, .layout and density. She reviewed a bar graphic detailing the work that will be completed under her contract and a timeline for the work. Councilmember Krebsbach stated that she is interested in the constraints of the grant and the TIF legislation. She asked if the city is committed to ten acres and ten units per acre. Ms. Krall responded that the grant was not based on a specific density as long as the process is moving forward, and includes public responsiveness and pedestrian orientation, orientation towards trails and a bus stop. The goals the city identified in its application were a mix of uses, mix of housing, trails and transit. The city did not ask for an application based on a specific density level. If the city made a drastic change, the Metropolitan Council would raise the issue. The city can also apply for an approximate $1.5 million grant for infrastructure next spring. Mayor Mertensotto stated that Council should really work at making the frontage road an MSA route all the way to Delaware. Ms. Krall stated that this is one of the first things she will look at. She will also identify other funding sources, pursuing all available sources. Her proposal is for $20,000 plus expenses to leave the initial phase of planning and move into the detailed planning process through the end of the year. Councilmember Krebsbach clarified that the $20,000 is for the five meetings. She stated that she would like to see if there is an opportunity to go into a workshop session to look at the proposal again and see if it really is want Council wants. Ms. Krall responded that money was included in the fee to work with city staff along the way and she did not think a workshop would generate a significant fee as long as it is seen as a kick -off workshop. She stated that she might want to do a workshop both before and after the process. Councilmember Krebsbach stated that, as an example, one of the issues that was discussed was a greenway. Page No. 12 July 6, 2000 l Ms. Krall responded that if Council wishes to revisit some of the concepts, a component should be added to the five issues and it should be done early. Ms. Krall stated that a workshop would add about $1,000 to her contract and Council might also want the other consultants to participate. Councilmember Krebsbach stated that she wants to be clear what Council is committing to under the grant and what constraints the grant and TIF place on the city. She stated that she does not want to see the process drive a major development. She suggested that Council hold a workshop and then decide if it wants to commit to a contract. Councilmember Schneeman stated that she feels a workshop is needed but did not think Council can do much until the traffic and market feasibility studies are completed. Responding to a comment from Mr. Sten Gerfast, Administrator Batchelder stated that the issues was very public prior to the public open houses. There were front page articles on the city's newsletter in 1999 prior to the open houses. In addition, the Sun Newspaper and Southwest Review both provided coverage. The workshops that Council has held were publicly announced and were open to the public as are all meetings. Council received and responded to questions from several members of the audience. Ms. Krall stated that the only requirement of the Metropolitan Council with respect to the grant is that the city continue planning in the general direction it said it would, such as the village character and mixed uses. She informed the audience that newsletters will inform the residents about the focus meetings and provide information to them two weeks before the meetings. Mr. Herman stated that he has made a proposal to continue the process he began with the legislative session. The concept is to bring together a team of attorneys with expertise in applicable areas of the development, including TIF. He stated that as part of the special TIF legislation the city had to define what the TIF would be used for. It must be used for Freeway road and must reasonably conform to the proposal that was presented to the Metropolitan Council but there is flexibility on senior housing, p, etc. Ayes: 4 Nays: 0 Page No. 13 July 6, 2000 pedestrian/bike elements. The project cannot deviate substantially from mixed use with a senior housing component. Mayor Mertensotto stated that when he and Administrator Batchelder met with Mr. Herman, it was made clear that Council and staff are to be kept out of acquisition negotiations. Council wants to take politics out of the process and the city will use Dan Wilson to be responsible for acquisition negotiations. Councilmember Dwyer moved to authorize Mayor Mertensotto to execute contracts with Studioworks, Faegre Benson and Wilson Development Services as proposed. Councilmember Schneeman seconded the motion. Councilmember Krebsbach stated that she would like to discuss TIF and the hockey arena/civic center at the workshop as well. It was the consensus of Council to tentatively schedule a workshop for Saturday, August 12 at 8:00 a.m. in the Council Chambers. Ms. Krall stated that she knows there is considerable public frustration and that one thing people should understand is that the focus meetings will be hands -on discussions with the people who attend. The focus meetings will not be formal and will not be hearings. At the meetings, she will gather ideas but there will be no formal decisions. Council workshops are the chance for Council members to talk to each other but they are not public hearings, so the people who attend will be able to listen but not participate in the same way they will be able to participate in the focus meetings. Councilmember Dwyer moved to authorize the Mayor to execute the Grant Agreement for the Livable Communities Act Demonstration Account grant award of $150,000. Ayes: 4 Councilmember Schneeman seconded the motion. Nays: 0 ANTENNA ORDINANCE Council acknowledged a memo from Public Works Director Danielson regarding a proposed amendments to the Zoning Ordinance with respect to antennas. Councilmember Dwyer moved to table discussion on the proposed ordinance to July 20. Ayes: 4 Councilmember Schneeman seconded the motion. Nays: 0 Page No. 14 July 6, 2000 CITY ADMINISTRATOR Council acknowledged a memo from Administrator Batchelder RECRUITMENVINTERIM regarding a proposed City Administrator recruitment profile and ADMINISTRATOR schedule. Council also acknowledged a memo regarding appointment of an interim City Administrator. Councilmember Schneeman moved to appoint Public Works Director Danielson as Interim City Administrator, effective July 20, 2000, to be compensated $67,643 and to receive the same benefits as Administrator Batchelder. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Council discussed the proposed City Administrator profile and the recruitment schedule. It was the consensus to revise the position announcement to state that the salary is dependent on qualifications and is negotiable, and to require applications to be submitted on or before August 10. Councilmember Krebsbach moved to approve the City Administrator profile and recruitment schedule as amended. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Council expressed their sympathy to Mrs. Kathleen Ridder on the death of Robert Ridder and recognized Mr. Bidder's significant involvement in establishing the youth hockey program in the city. Ayes: 4 Nays: 0 ATTEST: I'3l Charles E. Mertensotto Mayor Councilmember Dwyer expressed appreciation to Mendakota Country Club on behalf of the Council for the July 4 celebration. There being no further business to come before Council, Councilmember Schneeman moved that the meeting be adjourned. Councilmember Krebsbach seconded the motion. TIME OF ADJOURNMENT: 11:15 p.m. athleen M. Swanson, City Clerk