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2000-05-02 City Council minutesPage No. I May 2, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 2, 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. Acting Mayor Huber called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Huber, Councilmembers Dwyer, and Schneeman. Mayor Mertensotto and Councilmember Krebsbach had notified Council that they would be absent. AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Dwyer moved approval of the minutes of the regular meeting held on April 4, 2000, as amended. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 Councilmember Schneeman moved approval of the minutes of the regular meeting held on April 18, 2000. Councilmember Dwyer seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the April 12, 2000 Airport Relations Commission meeting. b. Acknowledgment of the Building Activity Report for April. c. Acknowledgment of a notice of League of Minnesota Cities Board of Directors vacancies. Page No. 2 May 2, 2000 d. Acknowledgment of donations from Vasatka Goers VFW ($250.00), Somerset Country Club ($100.00) and Dakota Bank ($350.00) to help defray the cost of the Police Department's mock crash recently held at St. Thomas Academy. e. Acknowledgment of a notice from the Dakota County Board regarding a public hearing scheduled for review and approval of the 2000 Community Development Block Grant Program and the Home Investment Partnership Program allocations. f. Authorization for the Police Department to purchase a Kustom Signals brand, model Pro- 1000DS police radar unit from Kustom Signals, Inc., for a cost of $2070.36. g. Authorization for the police department to purchase two Motorola brand, Model MCS2000 police squad car radios from AnCom Communications for its low quote of $4,172.00. h. Authorization to hire Ross Bintner as a temporary Engineering Aide through the summer construction season at the rate of $11.00 per hour. i. Approval of the list of contractor licenses dated May 4, 2000. j. Approval of the List of Claims dated May 4, 2000 and totaling $75,242.56. k. Acknowledgment of the draft minutes of the April 25, 2000 Planning Commission meeting. 1. Authorization for the purchase of a new telephone system for the Public Works Garage, for an amount not to exceed $2,000 and direction to staff to select the lowest qualified bidder and issue a purchase order for a replacement phone system, the cost to be charged against the Facility Reserve Fund. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 SPRING CLEAN UP Administrative Assistant Hollister announced that the annual city- wide Spring Clean-Up day will be held at the Mendota Plaza Shopping Center on Saturday, May 6, from 8:00 a.m. to 2:00 p.m. PRESENTATIONS - Council acknowledged a memo from Administrator Batchelder Page No. 3 May 2, 2000 NORTHERN SERVICE CENTER regarding a presentation by representatives from Dakota County on the layout, design and uses of the new Northern Service Center. County Commissioner Patrice Bataglia, Mr. Ken Harrington, from Dakota County, and Mr. Michael Cox, project architect, were present for the discussion. Mr. Harrington reviewed the site plan, and building design for Council and the audience and informed Council on the services that will be offered at the Northern Service Center. Mr. Harrington and Commissioner Bataglia responded to Council questions. GARDEN CLUB Council acknowledged a memo from Administrative assistant Hollister regarding the Mendota Heights Garden Club annual plant sale. Assistant Hollister informed Council that a representative of the Garden Club had planned on making a presentation to Council but was unable to attend this evening's meeting. He stated that the Garden Club asked him to announce the annual plant sale, which will be held at 1295 Dodd Road on Saturday, May 13. BOND SALE Council acknowledged bids received for the sale of $2,480,000 Improvement Bonds and $1,925,000 refunding bonds. Treasurer Shaughnessy reviewed the bids and informed council that the refunding issue will refinance the Park Bonds sold in 1989 and 1990 at an approximate 2% interest savings. The improvement bonds will finance Bunker Hills, Cherry Hills, Glen Toro Second Addition, Year 2000 Street Improvement Projects and Augusta Shores Addition improvements. Councilmember Schneeman moved adoption of Resolution No. 00- 36, "RESOLUTION ACCEPTING BID ON SALE OF $1,935,000 GENERAL OBLIGATION REFUNDING BONDS OF 2000, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to Dougherty Securities for its low net rate of 5.165 %. Councilmember Dwyer seconded the motion. Ayes: 3 Nays: 0 Councilmember Dwyer moved adoption of Resolution No. 00 -37, i "RESOLUTION ACCEPTING BID ON SALE OF $2,480,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 2000, Page No. 4 May 2, 2000 PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to Cronin and Company for its low net rate of 5.428 %. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 BID AWARD Council acknowledged a tabulation of bids received for construction of the Year 2000 Street Reconstruction/Rehabilitation project. Engineer Marc Mogan briefly reviewed the bids and responded to Council questions. Councilmember Dwyer moved adoption of Resolution No. 00 -38, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PROPOSED STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE DELAWARE CROSSING, IVY FALLS, ROGERS LAKE AND SURROUNDING AREAS (JOB NOS. 200001 & 2000002," awarding the contract to Valley Paving, Inc., for its low bid of $913,360.06. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 CASE NO. 00 -17, LANGSTON Council acknowledged an application from Mr. Chad Langston, for a conditional use permit and sixteen foot front yard setback variance to allow construction of a detached garage 14 feet from the front property line at 1603 Dodd Road. Council also acknowledged associated staff reports. Assistant Hollister gave Council a brief introduction and informed Council on the Planning Commission recommendation. Mr. Langston informed Council that his home is one of the oldest in the city. He would like to remove his existing one -car garage, because it is dilapidated, and replace it with a 748 square foot detached garage. He currently has a drive - through driveway with access from Dodd and from Wentworth, and he plans to close the access from Wentworth because people use his driveway to avoid stopping at the Dodd/Wentworth intersection, and it is dangerous for his children. He chose a detached garage because he asked the Historical Society how he could keep the garage in the same historical perspective as the house and they suggested that it be Page No. 5 May 2, 2000 detached and maintain the same roof pitch, exterior siding and roofmg material as the house. His home is currently set back 14 feet from his property line. After brief discussion, Councilmember Dwyer moved adoption of Resolution No. 00 -39, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND A 16 FOOT FRONT YARD SETBACK VARIANCE FOR A DETACHED GARAGE AT 1603 DODD ROAD." Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 CASE NO. 00-18, SCHULSTAD Council acknowledged an application from Mr. Robert Schulstad and Ms. Barb Zahasky for a front yard setback variance for a porch addition at 1399 Dodd Road. Council also acknowledged associated staff reports. Assistant Hollister gave Council a brief introduction, informing Council that the addition would be 40 feet from the front property line, but because the neighboring home is set back 84 feet from the front lot line, the Schulstad setback requirement is 57 feet rather than the 30 foot standard. The porch addition is part of a larger project that would attach the existing detached garage to the house. Acting Mayor Huber noted that the Planning Commission is recommending that the variance be approved and also that the zoning ordinance be amended so that attached covered vestibules would not be considered as encroachments on setbacks. He stated that it is his preference that Council not consider scheduling a Planning Commission hearing on the proposed amendment until all Council members are present. Ms. Zahasky reviewed the site plan, stating that the one and one -half story home was built in 1943 and only has about 786 square feet of living space, with a very small kitchen. The proposed improvements include constructing an addition between the house and the existing garage to provide a larger kitchen and a dining room. The house originally had a front door but that was removed years ago. When the addition is constructed, the only existing access (a side door) will be removed and the proposed front entry is needed for access. Responding to a question from Councilmember Dwyer, Assistant Hollister stated that the existing home is non - conforming because of its setback. Page No. 6 May 2, 2000 Ms. Zahasky informed Council that the house on the adjoining property was constructed after her home. Councilmember Dwyer moved adoption of Resolution No. 00 -40, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A POOL FENCE AT 1286 SYLVANDALE ROAD." Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 CASE NO. 00 -19, KRAMER Council acknowledged an application from Mr. Roger Kramer for a wetlands permit to allow installation of a fence 70 feet from Ivy Falls Creek. Council also acknowledged associated staff reports. Assistant Hollister gave a brief introduction and history, stating that the wetlands permit is required because the fence would be constructed within 100 feet of Ivy Falls Creek, which is at the rear of the Kramer property. Mr. Kramer stated that the staff report is incorrect — it indicates that he wishes to place the fence around a swimming pool, and he does not have a swimming pool. He explained that he has two small children and would like to install the fence because he does not want his children to wander down to the creek. The fence will be four feet tall and bronze in color because that is the most unobtrusive color. After brief discussion, Councilmember Dwyer moved adoption of Resolution No. 00 -41, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A FENCE AT 1286 SYLVANDALE ROAD," amended to delete reference to a swimming pool. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 MENDAKOTA ENTRANCE Council acknowledged a request from Mendakota Country Club for SIGN an amendment to its license agreement with the city to allow replacement of its existing entrance sign along Dodd Road. Council also acknowledged an associated memo from Public Works Director Danielson. Mr. Steve Watson, Mendakota's General Manager, was present for the discussion. Mr. Watson informed Council that the Club is asking for approval to j make a change to the sign that was approved in 1989 for the corner of Dodd Road and Mendakota Drive. Mendakota is in the process of Page No. 7 May 2, 2000 updating its entire property. The sign would be similar to the city's Mendakota Park sign, utilizing the same materials and style as the city's sign. It would be set back and angled the same as the Mendakota Park sign across Mendakota Drive from the site of the Country Club's sign. He explained that 19,320 people attended 176 large functions at Mendakota Country Club in 1999 and about half of those people came to Mendakota on a first visit, and many had difficulty finding the Club because of inadequate directional signage. The proposed sign would greatly enhance the directions to the people who come to Mendakota. The sign would not be lit, but Mendakota would like to light the sign in the future if power becomes available to the site. He described the proposed landscaping for the area around the sign, including bushes and boulders. Responding to a question from Acting Mayor Huber, Mr. Watson stated that Mendakota will probably remove the logo from the existing sign and that would hang down on the new sign to represent the Club. Councilmember Dwyer noted that the proposed sign is considerably larger than the existing sign. He asked the limits on the size of the sign in the R -1 district. Administrator Batchelder responded that this is an unusual situation in that the sign is located off -site, on city property. In addition, the country club could be considered an institutional use in an R -1 district. A 12 square foot nameplate sign is allowed in R -1 for uses other than R -1. The reason original approval was granted under a revocable license agreement is because the sign would not be allowed under the ordinance. Councilmember Dwyer pointed out that the agreement is an open ended license agreement that can be revoked by the city at any time. He stated that the proposed sign is consistent with the city's park sign and will be dressed up with landscaping. He further stated that the city will have to think about dressing up the park sign in the future to match Mendakota's landscaping. Councilmember Dwyer moved to amend the license agreement between the city and Mendakota Country Club to replace Exhibit A with an exhibit consistent with the diagram submitted to Council. Councilmember Schneeman seconded the motion. Ayes:3 Nays: 0 Page No. 8 May 2, 2000 LILYDALE WATERMAIN Council acknowledged a memo from Public Works Director CONNECTION Danielson regarding a request from the City of Lilydale for approval for a connection to the Mendota Heights water system to provide water service to the Stonebridge of Lilydale development on the south side of Sibley Memorial Highway. Mr. Gene Rancone, representing the developers, Rancone Development Company, was present for the discussion. Acting Mayor Huber informed the audience that Rancone Development is developing the former Shiely site and needs to obtain a connection to the city's water system. Mendota Heights charges a fee for connections outside of the city, and the Public Works Director has calculated the fee based on city policy. In his report, Mr. Danielson stated a $200 WAC fee would be collected for each housing unit at the time water permits are issued and that the per acre WAC fee would be due at the time the connection fee is paid. Acting Mayor Huber stated that has suggested to Mr. Danielson that the residential WAC fee also be paid up front rather than charging each home owner at the time water permits are issued. He further stated that there are some outlots that are not being developed yet and suggested Council follow a similar path with 1 regard to the outlots — charging the fee at one time as the outlots develop. Mr. Rancone responded that the development was initially approved in preliminary concept in four phases. The first phase was 46 townhouses, the second phase was 44 condominiums, the third phase was row townhouses of 25 to 30 units, and the fourth phase was commercial. The DNR imposed a height restriction on the condominiums, allowing only four stories rather than the six stories Mr. Rancone desired. For that reason, he is not developing any condominiums. The condominium site is now an outlot, along with an outlot that will accommodate the row townhouses. In the past, Shiely made an arrangement with Mn/DOT to allow a portion of the property to be a dump site for Mn/DOT, and when he did the site borings he did not know the extent of the reclamation that would be needed. He informed Council that he should know in 30 days what can actually develop on the row townhouse outlot. The other outlot is commercial, and he needs to determine whether demand for retail will come, since Lilydale is not known as a commercial center. On January 22, 1998, when his due diligence was being prepared, he met with city engineering and was given an estimated cost of $33,000 for connection. In January, 1999 the revised figure was $38,029, and he felt that different formulas were used. The April, 2000 new figure is Page No. 9 May 2, 2000 $41,130. He stated that he would like to go over the calculations with city engineering and would like to arrive at the final cost. He stated that he will not dispute the city's determination. Public Works Director Danielson responded that the formula is based on interest over time, and the number of units, and time has passed since the first calculation was made. The calculation has always been based on $11.00 per front plus 7% interest. Acting Mayor Huber stated that the up front connection charge proposed by Mr. Danielson is $36,118.00 plus $1,400 per acre for the water availability charge for the commercial outlot ($5,012.00), for a total of $41,130.00. The WAC charge for the 46 units would be $9,200, bringing the total up front charge to $50,330. Mr: Rancone responded that he is sure that the $41,130 is calculated properly and is acceptable. In the January 1998 investigation of the waterman hookup, he understood that the WAC and SAC would be due and payable as each home applied for a water permit, and the letter indicated that collection of the WAC is normally done at the time of water permit issuance. He stated that paying the WAC ahead in anticipation of what would be built is unusual. Responding to a question from Acting Mayor Huber, Public Works Director Danielson stated that, in response to Acting Mayor Huber's telephone request, he reviewed past city action with respect to water connections for properties along T.H. 14 in Lilydale. He stated that Mendota Heights charges the WAC for Mendota Heights properties as water permits are issued, but most of the developments in Lilydale are high rises built at one time, and the WAC was paid at the time of the connection charge. The Mathern and Strub developments were not high rises, and those were also charged WAC up front. Acting Mayor Huber stead that there is a fair amount of administration work to collect the fee as permits are issued, and he felt it is easier to collect the fee for all of the units at one time. Councilmember Dwyer stated that he read the memo to say that these are residential units for which a WAC would be required as the units are built, and there is also a $1,400 per acre WAC for commercial property that would be paid now. Acting Mayor Huber stated that the total of those fees is $41,130 and that he is also suggesting that the WAC fees for the future Page No. 10 May 2, 2000 townhouses be paid now to be consistent with what has been in the past and to reduce administration time. Councilmember Dwyer responded that the city is already charging 15% over what a Mendota Heights property would pay because the development is not in the city. Mr. Rancone stated that he does not think it is reasonable to charge the WAC for the townhouses up front. He does not know when the commercial outlot will be developed and the WAC for that property is being charged up front also. He further stated that while he does not agree with the philosophy for requiring the townhouses to pay up front, he will pay everything at once if the city requires it. Responding to a question from Councilmember Dwyer about administration, Mr. Danielson stated that Lilydale issues the building permits but a water permit issued by Mendota Heights is required by St. Paul Water before St. Paul Water will allow the units to hook up. The WAC would be paid when the water permit is issued. Acting Mayor Huber stated that whether the WAC is paid now or later, it still must be paid, and as long as the city is issuing a water permit anyway, there would be little additional administration to charge the $200 with each permit. Responding to a question from Councilmember Schneeman, Mr. Rancone stated that he hopes that the commercial component will be architecturally pleasing enough that people will want to come there. He anticipates that it will include two very nice restaurants, a Spa and perhaps a sandwich shop. The development will be upscale commercial, and will not be a strip center. He informed Council that if Council would like him to, he will bring drawings to City Hall for city information when they are completed. Councilmember Schneeman moved to authorize Rancone Development to connect to the Mendota Heights water line along T.H. 13, subject to payment of a connection fee of $41,130.00, which includes the WAC payment for the commercial outlot. Councilmember Dwyer seconded the motion. Ayes: 3 Nays: 0 MEETING TIME Council acknowledged a memo from the City Clerk recommending that the starting time for the May 18 meeting be rescheduled to 8:00 p.m. because the meeting cannot be conducted during the hours of the School District election to be held on that date. Page No. 11 May 2, 2000 Councilmember Schneeman moved to reschedule the starting time for the May 18 meeting to 8:00 p.m. Councilmember Dwyer seconded the motion. Ayes: 3 Nays: 0 COUNCIL COMMENTS Councilmember Schneeman informed Council that a telecommunications workshop will be held at City Hall at 11:30 on May 9 and that the City Council and city staff are invited to attend. Administrator Batchelder stated that if more than two Councilmembers attend, Council will need to call a special meeting. Since it could not be determined at this time if Mayor Mertensotto or Councilmember Krebsbach would like to attend, he recommended that this evening's meeting be adjourned to May 9 in case three or more members wish to attend the workshop. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned to closed session for labor negotiations, with subsequent adjournment to 11:30 a.m. on May 9 for a telecommunications workshop. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 9:05 p.m. athleen M. Swanson City Clerk ATTEST- Jo ber tC�g Mayor