Loading...
2000-06-20 City Council minutesPage No. 1 June 20, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 20, 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, Councilmernbers 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 Dwyer moved approval of the minutes of the regular meeting held on June 6, 2000 as amended. Councilmember Krebsbach 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,fzj and n to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Fire Department monthly report for May. b. Acknowledgment of the Treasurer's monthly report for May. c. Acknowledgment of a letter from Dakota County in response to the city's request for assistance with environmental cleanup for the Town Center site. d. Authorization to enter into an agreement for the provision of City Council recording secretarial services from July 18, 2000 through November 30, 2000. Page No. 2 June 20, 2000 e. Authorization for the police department to assign an officer to participate in the Dakota County Mutual Aid Assistance Group Team. f. Authorization for a variance in recreational fire hours stipulated in Ordinance No. 20 to allow a ceremonial fire for the Mendota Mdewakanton Dakota Community Pow -Wow from 10:00 p.m. Friday, August 4, 2000 to 10:00 p.m. Sunday, August 6, 2000. g. Acceptance of the resignation of Curt Wimpee and authorization for staff to advertise and interview candidates to fill the Civil Engineer I position. h. Adoption of Ordinance No. 352, "AN ORDINANCE AMENDING ORDINANCE NO. 22l." i. Approval of the List of Claims dated June 6, 2000 and totaling $241,539.98. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PARK CELEBRATION Parks Programmer Mary Hapka gave Council a report on the Ninth Annual Celebrate Mendota Heights Parks. She informed Council that the event was very successful, with well over 1,000 individuals in attendance. She expressed appreciation to all of the individuals who assisted at the event, those who sponsored the event and those who participated. , DONATION Council acknowledged a memo from Fire Chief Maczko regarding donation of a thermal image camera to the fire department by Mr. and Mrs. Robert Vince. Mayor Mertensotto stated that Mr. Vince contacted the fire department and indicated that he would donate a thermal image, which has a value of approximately $25,000, for use by the fire department. Mayor Mertensotto stated that the city has not received the donation yet, so Council cannot acknowledge the donation. He recommended that Council pass a motion that after the camera is received the City Clerk is authorized to issue a certificate to the Vinces to acknowledge the donation and the value of the camera. Councilmember Huber moved to acknowledge the gift and to direct the City Clerk to issue a certificate of acknowledgment and a letter Ayes: 5 Nays: 0 EQUIPMENT RESERVE FUND Ayes: 5 Nays: 0 Page No. 3 June 20, 2000 of appreciation on behalf of the residents of the city when the camera is received. Councilmember Krebsbach seconded the motion. Council acknowledged a memo from Treasurer Shaughnessy regarding creation of an Equipment Reserve Fund. Mayor Mertensotto stated that the intent is to set aside a special equipment reserve fund because Council wants to get away from using equipment certificates. He stated that he wants it to be clearly understood that just because funding will be set aside, Council will control the expenditures from the fund and when they will be made. Treasurer Shaughnessy responded that the fund will be separate from the General Fund and it will be included within the annual city budget as part of the special funds section. Councilmember Sehneeman moved to establish an Equipment Reserve Fund and to transfer the 12/31/99 equipment reserve balance to the fund along with $125,000 for 1999 and 2000 operations, with the understanding that Council controls the fund expenditures and when they will be made. Councilme aber Dwyer seconded the motion. R.J. RYAN CONSTRUCTION Council acknowledged a memo from Code Enforcement Officer BUILDING PERMIT Paul Berg recommending approval of building and sign permits to allow R.J. Ryan Construction to construct its corporate headquarters building at 1100 Mendota Heights Road. Council also acknowledged an agreement regarding restrictive covenant for the RJ Ryan rezoning, prepared by the City Attorney, and a letter from Mr. Ryan regarding, the roof -top mechanical units and screening. Mr. Ron Ryan was present for the discussion. Mayor Mertensotto stated that Mr. Ryan has signed the restrictive covenant agreement, which bans outside storage. He stated that his only remaining question is whether the building will be solely occupied by R.J. Ryan Construction. Mr. Ryan responded that he does not plan to have other tenants but that he could rent about 2,000 square feet of space. The building will have about 8,500 square feet of office space and he plans to only Page No. 4 June 20, 2000 occupy 6,500 square feet at the outset. He plans to leave the remainder unfinished at this time. There will be about 1,000 square feet of garage space in an attached four stall garage at the west end of the building. He, stated that his company does not store materials on site. He also stated that he directed a letter to the city's attention about screening the rooftop mechanical units. He informed Council that he has been designing and building for thirty years and the city's current ordinance provisions on rooftop screening were appropriate in the past when rooftop units were large and unsightly, but today manufacturers make much smaller, low- profile units. The units on top of the buildings he constructed in the Centre Pointe development are not noticeable. When units are screened, the screening becomes very large and over time the screening detracts from the building. He asked Council to accept his request not to screen the units on his building and also that Council consider amending the zoning ordinance requirements on screening of rooftop mechanical units. He stated that the mechanical units for a one story building are only about 30" tall and virtually cannot be seen. If they are painted the same color as the building, they disappear. Councilmember Dwyer suggested that Council approve the request and require screem*nk after the building is constructed if the rooftop units are unsightly. Councilmember Krebsbach stated that if low - profile units are used she does not see the need for screening. Mr. Ryan stated that the screening units really detract from a building and that he has instructed his mechanical contractor to align the rooftop units around the center of the building. Mayor Mertensotto raised questions about the use of DRYVIT on the structure. Mr. Dale Glowa, from United Properties, stated that his firm has used the material with great success and that it is a very acceptable material. Big Wheel is eleven years old and has had no problems. He stated that his experience is that if the material is applied correctly it will stand the test of time. Mr. Ryan informed Council that he will do research to find out if there are any problems with DRYVIT, but that his experience is that it is color fast, very hard and never needs painting. He stated that the building is about 50% brick, 40% glass and 10% DRYVIT, which is concentrated above the windows. Ayes: 5 Nays: 0 ADMINISTRATOR'S RESIGNATION Ayes: 5 Nays: 0 Page No. 5 June 20, 2000 Councilmember Krebsbach stated that she would like Mendota Heights to approach Eagan and Inver Grove Heights to clean up T.H. 55. United Properties has done an outstanding job in developing along T.H. 55 and she would like to see the buildings across T.H. 55 to be improved.. Councilmember Dwyer moved to authorize the issuance of a building permit for the R.J. Ryan headquarters building, waiving the requirement for rooftop screening, and to authorize the Mayor to execute the Agreement Regarding Restrictive Covenant. Councilmember Schneeman seconded the motion. Council acknowledged a letter of resignation from City Administrator Batchelder, effective on July 20. Administrator Batchelder Council that it has been a pleasure working for Mendota Heights for the past eleven years and it will be very difficult to leave the city. He stated that he and his family have discussed moving back to his home state of Colorado for some time and he has been offered and accepted the position of Town Manager for Silverthorne, Colorado. Mayor Mertensotto and each of the Council members expressed their appreciation to Administrator Batchelder for the excellent job he has done for the city. Councilmember Huber moved to accept the resignation of City Administrator. Batchelder with regret. Councilmember Krebsbach seconded the motion. PUBLIC COMMENTS Mr. John Nides, 2904 Patricia, stated that he was notified by a letter from Dakota Communities that it has purchased the home at 1055 Mary Adele and that there will be six developmentally disabled young people living in the home. The letter indicated that the Dakota's Children facility on Marie Avenue will be closing and the young people living there will be moved to homes built by Dakota Communities. He stated that he has some concerns because of the rumor mill and would like to know if the person in charge of the project could answer some of his questions. Page No. 6 June 20, 2000 Administrator Batchelder stated that he spoke to Ms. Kathleen LeMay, the director of Dakota Communities, this afternoon and she informed him that she would not be available to attend this evening's meeting. Councilmember Krebsbach stated that Dakota Communities is breaking up the large group home on Marie Avenue and is placing the young adults in homes in nine communities. The Dakota's Children facility is out of date and is not appropriate any more. There are at least two other homes that have been built by Dakota Communities in Mendota Heights and they have been very well received, as has the Dakota's Adults facility. Mayor Mertensotto stated that the city has never experienced any problems with the Dakota Communities homes. He informed Mr. Nides that it is his understanding that if there are six residents living in a structure it could be considered a single family use. He stated that the city would be remiss if it did not grant a building permit for the home and that it would also be inappropriate for Council to notify neighborhood residents and raise any concerns. Councilmember Dwyer stated that the legislature has adopted a statute that local communities must treat group homes as single family homes. Mr. Nides stated that he understands and has no concerns or problems with the home. He stated that the letter he received talks about six young adults and care takers living in the home as well. He asked how many care givers there will be. He stated that there are many cars parking on the street in his neighborhood and if all of the family members visit the home on a regular basis, many cars will be added to the neighborhood. He stated that Mary Adele has one of the worst curves in the neighborhood and he was concerned about the safety of his young children. There are no sidewalks or bike paths and he was promised there would be striping done but it was not done. He stated that he was concerned about cars and the residents of the home who may be in wheelchairs. Mayor Mertensotto stated that it would be very appropriate for Mr. Nides to contact Ms. LeMay to discuss those concerns. Administrator Batchelder stated that Ms. LeMay feels there is ample off street parking available to the home, as it has a single car garage and a driveway. There will be two staff members on duty from 10:00 p.m. to 6:00 a.m., two people on the morning shift and one in Page No. 7 June 20, 2000 the mid -day and a maximum of three staff in the evening. The policy is that staff park off street or in a garage. Family members will visit and they will park on- street, but that is no different from any home that has visitors. Ms. LeMay feels the number of cars the staff people would have there does not exceed what would be found in a normal single family home. Mayor Mertensotto directed Public Works Director Danielson to contact Ms. LeMay to see if there is a desire or need to stripe the street for a pedestrian path or bike path. Mr. Nides stated that he wants striping throughout the neighborhood and that he raised the issue three years ago. Mayor Mertensotto suggested that Council look at what the Dakota Communities need are first. Mr. Nides stated that Assistant Hollister mentioned to him that all of the vacant lots on Mary Adele could be used for day care or other non - profits like Dakota Communities. Councilmember Krebsbach responded that Dakota Communities' philosophy is to build nine homes and that she seriously doubts that they would build another home in this neighborhood. Mr. Nides asked what will happen in 25 years when the young adults are 40 or 50 years old and the use is no longer good. Mayor Mertensotto responded that it is a single family home and the use must remain single family. BID AWARD — TANKER Council acknowledged a memo from Fire Chief Maczko regarding bids received for the sale of the city's 1977 fire tanker. Councilmember Huber moved to accept the bids and to award the sale of the tanker to Talberg Lawn and Landscape, Inc. for its bid of $10,250. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PLAY EQUIPMENT Council acknowledged a memo from Parks Project Manager Kullander regarding replacement of Marie Park play equipment. Page No. 8 June 20, 2000 Mr. Kullander reviewed the recommendation of the Park and Recreation Commission relative to proposals for equipment received from the St. Croix Recreation Company, Earl F. Anderson, and Flanagan Sales. The Commission recommended that Council accept the proposal from Flanagan Sales. Councilmember Schneeman moved to award the equipment contract to Flanagan Sales for its quote of $14,996.99 for replacement of play equipment at Marie Park, to be funded by the Special Park Fund, and to authorize additional funding to expand the timber border and pea rock area to accommodate the new swing structure, a total amount for the equipment and expansion not to exceed $18,000. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councihnember Schneeman stated that the equipment that is in Marie Park now should be taken down immediately because it is in very bad condition: Mayor Mertensotto stated that if staff and the Parks Commission agree, the equipment should be taken out. MENDOTA TECHNOLOGY Council acknowledged a memo from Assistant Hollister relative CENTER to a request from United Properties for a minor amendment to the conditional use permit for PUD for the Mendota Technology Center Phase IV. Mr. Dale Glowa was present on behalf of United Properties. Mr. Glowa stated that in 1997 he came before Council for a PUD with a "u- shaped" office showroom buildings and United Properties has moved away from that concept to develop standard, conventional office buildings. Phase one of the development is 100% leased, Phase 2 will be at 100% in three weeks, and Phase 3 is at 55% leased. The PUD has been modified by using cross easements for shared access, cross utilities, etc., and more of a campus setting. Phase 4 is a "y- shaped" office building, with brick and glass all around. The amendment would be for use: the original PUD was for office /warehouse, and the proposal is all office. The second modification is that with the PUD the building comes very close to the property line and some of the parking spills over to the adjoining lot. That is covered by cross easements. He also stated that low profile roof top units will be used and they will be painted out to disappear. Page No. 9 June 20, 2000 Administrator informed Council that the Zoning Ordinance's general requirements for B and I districts stipulates landscaping, parking and screening requirements, and the requirement for screening of rooftop equipment is stipulated in that section of the ordinance. Mayor Mertensotto stated that the city should require lower profile units and not require screening. Mr. Glowa responded that there are some office buildings that will have a combination package unit on the roof, which is much larger than the low profile units and would need screening. A one story building, which is more standard, would use the low profile units. Councilmember Dwyer stated that his impression is that there will be a sea of asphalt going from one building to another. Mr. Glowa responded that the asphalt is broken up with landscaped islands. Councilmember Krebsbach moved adoption of Resolution No. 00- 52, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR MENDOTA j TECHNOLOGY CENTER PHASE IV," amended to require that - the building be located on the parcel in accordance with the site plan presented to Council that the cross easements be recorded with the county. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 RELEASE OF RIGHT -OF -WAY Council acknowledged a memo from Public Works Director Danielson regarding a request from Prime Commercial Properties that the city acquire excess MnDOT right -of -way at T.H. 13 and Waters Drive and sell the property to Prime Commercial Properties for combination with the firm's adjoining parcel. Mayor Mertensotto stated that he would have no problem with the city acquiring the property from MnDOT but that he would want to reserve the rights to the land. He was concerned that Council does not know what use is proposed. Mr. Joe Jenson, from Prime Commercial Properties, stated that he owns the adjoining parcel, which is not large enough to develop on its own. He would like to acquire title to the excess right -of -way and include it in his development. Page No. 10 June 20, 2000 Mayor Mertensotto stated that the property is at the focal junction of 1 T.H 13 and 55 and that while he has no problem requesting the land from MnDOT, but that Council does not just go to MnDOT and ask them to deed right -of -way to the city. Council wants to know what the developer proposes to do with the site. The city could purchase the right -of -way and sell it later. He recommended that Council direct Mr. Danielson to contact MnDOT and make application for conveyance of the parcel to the city at its earliest convenience. Mr. Jenson responded that he appreciates Council's concerns and that his project is in the design phase now. If it will work out that the city acquires the land and sells it to Prime, he needs to know now if he will have the land to use for parking or whatever. Mayor Mertensotto responded that he would like to see landscaping on the right -of -way, since this is a focal point in the city. Mr. Jenson responded that it is important for him to know now in the design phase whether the property will be available. Mayor Mertensotto stated that Council cannot give Mr. Jenson an answer since there is no commitment from MnDOT. Council can direct staff to make inquiry to start the process of acquiring the right- - of -way, but before the city purchases the land, Council would ask Mr. Jenson if he wants to pay the acquisition price. Council cannot commit to something it does not own. He stated that Council is telling Mr. Jenson that it would like Prime to incorporate the land into its design but cannot guarantee the city will acquire the land. Mr. Jenson stated that the development will be office /showroom, primarily office. Councilmember Dwyer stated that Council would not be interested in selling the land to Mr. Jenson if it is to be for parking, but if it is for passive landscaping, he could agree. Mayor Mertensotto suggested that Mr. Jenson work out his program and Council will review it. Councilmember Dwyer moved to direct Public Works Director Danielson to contact MnDOT to request MnDOT to undertake the appraisal and transfer process for the excess right -of -way. Councilmember Schneeman seconded the motion. Ayes:5 ' Nays:0 Page No. 11 June 20, 2000 MEETING CHANGE Council acknowledged a memo from the City Clerk as a reminder that on January 18 Council rescheduled the regular meeting to be held on July 4 to July 6. Ayes: 5 Nays: 0 Councilmember Dwyer moved that the July 4 meeting be rescheduled to Thursday, July 6 at 7:30 p.m. Councilmember Krebsbach seconded the motion. COUNCIL COMMENTS Councilmember Dwyer stated that he had raised the safety issue of foul balls at Mendakota Park at a previous meeting and asked that the Park and Recreation Commission bring the issue back to Council as a priority. Mayor Mertensotto stated that the problem is putting the netting up and taking it down each spring and fall. Councilmember Krebsbach stated that she would like information on where similar netting is used in other communities. Councilmember Dwyer stated that this is a real safety issue and the city must do more than what is currently done. COUNCIL COMMENTS Councilmember Schneeman stated that there are many intersections in the city that are difficult to see around and asked if the city can encourage property owners to trim shrubs back. Public Works Director Danielson responded that many people have planted trees and bushes on their property and over time they grow over the right -of -way. Staff tries to cut them back but property owners do not always agree with what staff wants to do. ADJOURN There being no further business to come before Council, Councilmember Huber moved that the meeting be adjourned. Ayes: 5 Councilmember Krebsbach seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 9:11 p.m. Kathleen M. Swanson, City Clerk r:IMIN Charles E. Mertensotto Mayor