Loading...
1999-07-06 Council minutesPage No. 1 July 6, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 6, 1999 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 Schneeman moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move items 5i, computer acquisition, and 5p, Royal Redeemer Church building code requirements, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the June 22, 1999 Planning Commission meeting. b. Acknowledgment of the unapproved minutes from the June 2, 1999 NDC4 Commission meeting. c. Acknowledgment of the Fire Department monthly report for May. d. Acknowledgment of the Building Activity Report for June. e. Acknowledgment of MAC Ordinance No. 90 prohibiting Stage II aircraft. f. Acknowledgment of a memo regarding contingency planning for the Eighth Annual Celebrate Mendota Heights Parks along with authorization for $1,500 for contingency purposes for the event. Page No. 2 July 6, 1999 g. Authorization for modifications to the Police Department entrance to City Hall for a cost not to exceed $3,000. h. Authorization to retain Labyrinth Consulting to oversee and design installation of a records management and mobile data system for the Police Department, for a cost not to exceed $4,000. i. Authorization to advertise for bids for the 1999 Slurry Seal project. j. Adoption of Resolution No. 99-34, "'RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR D•DD'•AD TRAIL IMPROVEMENTS." k. Adoption of Resolution No. 99 -35, "A RESOLUTION AUTHORIZING PARTICIPATION IN SAFE & SOBER COMMUNITIES." 1. Adoption of Resolution No. 99 -36, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LAND RECLAMATION UNDER CERTAIN CONDITIONS AND BUILDING PERMIT AUTHORIZATION FOR A DAKOTA COUNTY HRA TOWNHOME DEVELOPMENT ON LEXINGTON AVENUE." m. Adoption of Ordinance No. 332, "AN ORDINANCE AMENDING ORDINANCE NO. 401." n. Adoption of Resolution No. 99 -37, "A RESOLUTION APPROVING THE UNCOMBEsUNG OF TWO SEPARATE PLATTED LOTS AT 1068 DOUGLAS ROAD FOR HOMESTEAD AND TAX PURPOSES." o. Approval of the List of Contractor Licenses dated July 6, 1999. p. Approval of the List of Claims dated July 6, 1999 and totaling $200,615.27. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 COMPUTER ACQUISITION Council acknowledged a memo from the City Clerk recommending the purchase of computers for the Administration, Engineering and Page No. 3 July 6, 1999 Utility Departments to achieve Y2k compliance. It was the consensus to direct staff to acquire additional informal quotes and table the matter to July 20. ROYAL REDEEMER Council acknowledged a memo from Administrator Batchelder regarding a request from Royal Redeemer Lutheran Church to delay the requirement that a fire suppression and alarm system be installed in the entire structure to a later date. Council also acknowledged correspondence from the Church's architect and Code Enforcement Officer Paul Berg. Mayor Mertensotto stated that he does not want to grant an automatic extension without conditions, and Councilmember Huber agreed. Councilmember Dwyer suggested that representatives of the Church be contacted and requested to appear at the July 20 meeting. Mayor Mertensotto stated that there is no variance procedure in the Uniform Building Code but that Council has the authority to adopt or vacate the code. The Church representatives are saying that the Church does not have the money to complete the suppression and alarm system now and if it were not for constructing the day care center, they would not be required to sprinkle the entire building. The Church would like 24 months to get funding to sprinkle the entire building. He felt that the request is reasonable and that Council has the authority to grant the request, if the Church is sure that the installation will be done by July 1, 2001. He stated that the Church representatives have agreed to install the systems if Council grants the waiver and if they did not comply, the city could go to court to get an order to have the systems installed. He stated that if the Church representatives agree not to ask for any firther extensions beyond July 1, 2001 Councilmember Dwyer stated that it is not appropriate for Council to make a determination on that this evening because there are no Church representatives are present. Councilmember Schneeman stated that she is concerned because of the day care center and because the Church is not a terribly big building. With children in the structure on a regular basis, it is a different question. Councilmember Dwyer moved to table the matter to the July 20 meeting to allow Church representatives to be present. Page No. 4 July 6, 1999 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Ted Thompson was present to discuss the curbing and street in front of his home on Knollwood Lane. He stated that he appeared before Council in May of 1998 and nothing has been done. Mr. Thompson stated that the initial problem was chips in the curb and it was agreed that it the damage was from city snow plows. City staff tried some material that could be laid over the curb and it did not work. In August, 1998, Council suggested working with an outside contractor. A contractor came to his house and looked at the situation and made a proposal on what he felt should be done, which was o replace the curb and the apron in front of the curbing. He stated that the apron should also have drainage, but nothing materialized. Public Works Director Danielson sated that he thought Mr. Thompson picked the contractor who did the work and the city reimbursed the costs. Mr. Thompson responded that he was asked to look for a contractor and he located one who came out and looked at the situation and made a bid to the city. He recalled that the bid was in the range of $15,000 to $20,000. Public Works Director Danielson stated that his recollection is that the bid was $1,500 to $2,000. Responding to a question from Councilmember Dwyer, Mr. Thompson stated that about 110 to 120 feet of curb is involved. He showed Council pictures taken in 1998 and pictures showing current conditions. Councilmember Huber stated that apparently the city agreed to do the work and it was never done. Councilmember Dwyer stated that the problem is that there are puddles of water after it rains. He asked Mr. Thompson if this condition existed before the improvement project. Councilmember Huber stated that the condition did exist before the improvement. Page No. 5 July 6, 1999 Public Works Director Danielson stated that it appears that the sewer and water were connected to the house at the point where it was settling. The curb appears to be put in right but the water needs to get into the street. Councilmember Huber stated that one of the city's Public Works staff can come out and add some blacktop where the water is puddling. Mr. Thompson responded that the plan was to level the horizontal plane and put some new asphalt in, but there was an uneven layer of asphalt and it was gouged when the curb and apron was removed. Mayor Mertensotto asked if the asphalt was removed before the new curb section was taken out. He also asked how the curb was damaged. Mr. Thompson responded that the damage was in the curbing and in the apron. The contractor replaced the curb and did a great job in terms of the curb and the apron. The next step was to level off the area where the asphalt was damaged, but this was not done. Public Works Director Danielson responded that the city's contractor replaced the curb and city staff removed the asphalt and patched it. In order to do it well, a contractor would have to come in an replace the asphalt and level it. Mayor Mertensotto agreed, stating that it will have to be scarified to the base and replaced. Public Works Director Danielson stated that he will get bids to have an asphalt company come in and do the work. PLOW BIDS Council acknowledged a tabulation of bids from Public Works Superintendent Olund for plow truck accessories. Councilmember Dwyer moved to authorize the purchase of a dump body, hydraulics and lighting from J -Craft for its low bid of $29,106.67. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer moved to authorize the purchase of a plow, hitch, wing and sander from McQueen Equipment for its bid of $21.,493.39. Page No. 6 July 6, 1999 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 99 -18, BJORKLUND Council acknowledged a request from Bjorklund Construction Company..for concept plan consideration for a planned unit development for a five lot subdivision on a 2.5 acre site located at 2455 Delaware Avenue. Council also acknowledged associated staff reports. Mr. Dave Bjorklund was present for the discussion. Mr. Bjorklund stated that he is present to get Council feedback in the pre- application process and to get consensus on what needs to be done to subdivide the property. Councilmember Dwyer stated that the property is zoned and guided for townhomes. Instead of doing that, they propose dividing the property into five lots that average about 15,000 square feet and to keep the existing home where it is or move it to one of the other lots. Councilmember Krebsbach asked what the sizes of the lots that surround Dr. Owens are. Mr. Bjorklund responded that he is not sure, but the frontages vary. Mayor Mertensotto stated that Council probably allowed 90 foot frontages as long as the lots had sufficient square footage. Mr. Bjorklund stated that trees were left along the lot lines and around the perimeter of the property when the adjacent property developed, but there are very few trees in the interior of his property. Councilmember Krebsbach asked Mr. Bjorklund if he is opposed to any of the points raised by the Planning Commission. She pointed out that Commissioner Friel recommended that the property be rezoned to R -2 instead of a PUD. Also, the Commissin recommended that the proposed private driveway be a public street. Mr. Bjorklund responded that he would oppose the public street because it would not be feasible with the number of lots. A cul -de- sac would take a lot of property right in the center of the parcel. Responding to a comment from Councilmember Dwyer that a cul- de -sac would work with four lots, Mr. Bjorklund stated that it would be even less feasible with fewer lots than five because the cost for the street would be spread over four lots rather than five and the assessments would be at least $20,000. He stated that there are a Page No. 7 July 6, 1999 number of homes on Delaware where there is a common driveway serving several homes. Councilmember Krebsbach asked if a cul -de -sac could be closer to Delaware, with longer driveways to the cul -de -sac. Mr. Bjorklund responded that it would work but there is a very large oak tree where the street would have to be located. He stated that there has been precedent for shared driveways and the remaining undeveloped property in the city will present development problems. He informed Council that the lots will all exceed 15,000 square feet. Mayor Mertensotto pointed out that the city will need right -of -way for utilities. Mr. Bjorklund responded that the stub for sewer and water comes between Lots 4 and 5 and he will have to extend the utilities from that point. Councilmember Huber asked what Council thinks about R -2 zoning rather than a PUD. Mayor Mertensotto responded that the city has never done PUDs for parcels less than 5 acres, and that he has no problem with R -2 zoning but would want a public street. Mr. Bjorklund asked if he scaled down to 4 lots so that two lots would share the driveway. Mayor Mertensotto responded that the county will probably limit the number `of curb cuts on Delaware and they could say that there can only be one driveway to the property. Mr. Bjorklund stated that if there are four new lots, he would move the Owens home. Councilmember Krebsbach stated that she would consider a development with four lots with the Owens lot keeping its private drive on Delaware. She stated that this would be similar to other properties in the city, but there would have to be some ability to turn vehicles around. Mr. Bjorklund responded that if there were four lots, they would be abouf 20,000 square feet each and they could not be further Page No. 8 July 6, 1999 subdivided in the future. He asked what he needs to do for rezoning the property to R -2. Mayor Mertensotto responded that a public hearing would be required to. amend the Zoning Ordinance. Public Works Director Danielson stated that a Comprehensive Plan amendment would also be required because the land is zoned MR- PUD. Mayor Mertensotto stated that if Council changes the designation at the time the city amends the Comprehensive Plan, Mr. Bjorklund would not have to go through the plan amendment for this site. Councilmember Dwyer informed Mr. Bjorklund that it appears that Council prefers a four lot subdivision and a public road. Mayor Mertensotto felt that Council should allow 5 lots if there is sufficient room. Mr. Bjorklund stated that he does not think he could do five lots with a cul -de -sac because of the space the it would take. Councilmember Schneeman stated that she does not like cul -de -sacs. Mr. Bjorklund stated that the cul -de -sac would take out some of the natural trees because it would be a 55 foot wide street with a 110 foot cul -de -sac. Mayor Mertensotto responded that city staff could research whether the bubble needs to be 110 feet. It was the consensus that a public street is preferred. Councilmember Schneeman stated that if Mr. Bjorklund cannot design the development with a public street, she would not object to a private driveway because the property will likely develop with very expensive homes. CASE NO. 99 -19, KOURY Council acknowledged an application from Mr. Tom Koury for a lot line adjustment at 1061 Esther Lane. Council also acknowledged associated staff reports. Mr. Koury was present for the discussion. Mr., Koury stated that when he was before Council in February to request 'a side yard setback variance, he agreed to move his lot line Page No. 9 July 6, 1999 so that he would not need a variance to the lot line between his lot and his mother's lot. Mayor Mertensotto stated that the Planning Commission denied the setback variance application and Council approved it and that Mr. Koury said that he could make a lot line adjustment so that he could put an addition onto his home to provide handicapped access. Mr. Koury stated that he had the property surveyed and went to the Planning Commission with the new lot lines. The Commission said that he needed to variances to create two substandard lots. Mayor Mertensotto asked Mr. Koury why he is not replatting the two lots. Mr. Koury responded that the city staff looked at his application as a simple lot line adjustment. Repaatting would require the replatting of the entire addition, including the lots around his. The agreement from the city was that the city could issue a contingent building permit with the agreement that he would change his lot line and swap square footage with his mother so that he would not need variances for his home addition. Councilmember Dwyer moved adoption of Resolution No. 99 -38, "A RESOLUTION APPROVING A LOT LINE ADJUSTMENT FOR 1061 ESTHER LANE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Mf.' Koury asked Council to consider refunding the $335 application fee for replatting. Staff was directed to research what has been done in past applications for lot line adjustments and to use that research as the basis for refunding the fee. ECONOMIC DEVELOPMENT Mr. Steve King, Executive Director of the Dakota County Economic Development Partnership was present to discuss city membership in the Partnership for 1999 -2000. Council acknowledged a report from Administrator Batchelder and a letter from the Partnership. Mr. Steve Wagner, from the Dakota County Technical College, and Mr. Rick Kelley, Community Development Director for the City of Apple Valley, were also present for the discussion. Mr. King gave Council an overview of the DCEDP and reviewed the organization's goals. Page No. 10 July 6, 1999 Mayor Mertensotto stated that Council must consider the tax payer who would ask how Council is spending tax dollars and what the city would get from its $2,000 membership fee. He further stated that he Can see the problem DCEDP has in generating funds but that he would have a difficult time justifying the expenditure. Councilmember Dwyer stated that the DCEDP commissioned a survey and one issue caught his attention — the recruitment of unskilled labors and clerical people. He stated that Mr. King is suggesting that the partnership is working to solve the problem. He further stated that Council needs to know whether there is a shortage of skilled and unskilled laborers in Mendota Heights. Mayor Meriensotto responded that he is sure a shortage exists in Mendota Heights as well as other cities but questioned whether the DECDP'is the proper forum to solve the problem. Mr. Wagner responded that the partnership is asking for the city's membership. The problem of the shortage of laborers is not just in some communities and the DCEDP is not the silver bullet. He stated that the group would like to work with the city's staff and that the city will get value by working with the DCEDP. He suggested that the city try., membership and if city staff finds that the city is not getting value, the city can withdraw. Mayor Mertensotto stated that participating would be robbing the city of its ,staff time. He stated that if Mendota Heights received Local Government Aid, perhaps the city could commit something to the DCEDP, but the city receives no LGA. Mi. King responded that the DCEDP is a collaboration between the county, cities and private individuals. The county contributes $24,000 and the cities would pay a $1,000 plus $0.01 per capita. Councilmember Krebsbach informed Mr. King that the city does not join many organizations. Councilmember Dwyer asked if staff has contacted the cities who are members to see whether DCEDP is a worthwhile organization. Mr. Kin" responded that he has invited Administrator Batchelder to attend meetings, and that while no one has asked him to do any work he is welcome to attend any time. Page No. 11 July 6, 1999 Administrator Batchelder stated that he is aware of the activities of 1 the organization and that Mr. King has appeared before the Dakota County Manager's Association. He stated that he understands that Eagan has dropped out of the DCEDP and is considering going back in. There was an issue in the past that Metro East serves some of the communities for Economic Development and some cities are members of both groups. Councilmember Huber stated that the groups are laudable, but it is like giving ahem a donation. Councilmember Schneeman stated that she has attended some of their meetings and thinks it is a very worthwhile organization. Mayor Mertensotto stated that Council generally does not increase the'city's budget over the cost of living and that it is the Council's philosophy to operate fiscally conservatively for the city's residents. Mr. King stated that the issue of the day is training and workforce development and that is what DCEDP is focusing on. The organization works with exiting businesses to try to find ways to strengthen them. After further discussion, Councilmembers indicated that while they appreciated the presentation, they would not support city membership. Mr. Kirigresponded that the county made the decision that economic development could best be delivered by a partnership and the DCEDP is not going to abandon Mendota Heights but would certainly like the city to work with DCDEP. SUPER AMERICA TIF Council acknowledged a letter from Mr. Peter Coyle, Larkin Hoffinan Law Firm, on behalf of Speedway SuperAmerica, regarding the city's decision to terminate TIF payments for the SuperAmerica located at 1080 Highway 110. Council also acknowledged an associated report from the City Administrator. Mr. Mike Cronin and Mr. Peter Coyle were present on behalf of SuperAmerica. M ., Cronin stated that he feels that together the city and SuperAmerica developed a useful and compatible site and he asked Council to continue that partnership. He sated that he feels that Mr. Coyle's letter makes it clear that SuperAmerica did not go counter to the intent of the TIF agreement and that the transfer of ownership Page No. 12 July 6, 1999 between SuperAmerica and Marathon Oil was part of a nationwide pooling of assets. Mayor Mertensotto responded that Council made a fording that this was a transfer under the terms of the agreement and Mr. Cronin asked to be allowed to appear before Council and appeal that decision. He asked what SuperAmerica's share of the TIF was for the development of the site. Mr. Cronin responded that SuperAmerica's total was $250,000 to $300,000. He stated that SuperAmerica paid for the demolition and grading costs and is now being reimbursed for other costs. He stated that the TIF is pay -as- you -go, and he asked that the city continue on that basis until the commitment is finished. He informed Council that he has looked at the United Properties transfers and believes that in that cast the city also looked at the intent rather than that actual letter and he does not feel that SuperAmerica is any different. Responding to a question from Mayor Mertensotto, Mr. Cronin stated that Speedway SuperAmerica LLC is paying the real estate taxes for the facility. He stated that there is a very strong condition in the development agreement about remediation and SuperAmerica has worked very hard with Council and is very much aware of the help Council offered in the process. He stated that SuperAmerica has tried to be a partner with the city. Mayor Mertensotto stated that some of the evergreens that screen the drive`to the car wash are in bad condition and should be replaced. Mr. Cronin responded that it is not his intent to have bad vegetation on the site and that it will be replaced. Treasurer Shaughnessy stated that the subject before Council is the pay -as- you -go note that remains outstanding. This is the first year that taxes will be paid in an amount sufficient to make a pay- as -you- go payment. The up front costs were divided into two pay -as- you -go notes. SuperAmerica's note was for $145,000, and the bank's was $200;000. He stated that the bank recently transferred title to the directors, and that is not exactly the same as what SuperAmerica would like to do, but there is a history of transfer to accommodate the owners. Mayor Mertensotto stated that he feels Mr. Cronin's argument has merit in that the overall economics have not changed by the mere fact that SuperAmerica and Marathon have merged. He stated that Page No. 13 July 6, 1999 the question is whether TIF money was used to enhance the value for sale purposes, and he questioned whether Council can waive a prohibited transfer without setting precedent.. Councilmember Dwyer responded that the unique circumstances prohibit precedent and that he is satisfied at this point that this transfer does not alter the economics that initially convinced Council to participate with TIF. Mr. Coyle stated that his sense of the precedent issue is what would be important is to see if the original players stuck around, and SuperAmerica is still a player. He felt that Council would want to stay away from setting a precedent but in this case SuperAmerica is still a part of the deal and has a direct stake in the development. He stated ill' this is a unique situation that does not bind future Councils to consent to or deny a transfer. Councilmember Huber stated that if he understands the memo correctly, all of the SuperAmerica convenience store operations were contributed to Speedway SuperAmerica. Mr. Coyle responded that Councilmember Huber is correct — all 650 stores were contributed. Councilmember Krebsbach stated that she wants protection that the new organization recognizes all agreements that have been made to date: She asked what protects the city from any other corporate reorganization. She stated that she has been very satisfied with SuperAmerica but asked what will protect the city from other reorganizations. Mayor Mertensotto stated that he would not want to have another transfer take place in the future. If Council were to reinstate the pay - as- you -go process, he would want an agreement from the applicant, Speedway SuperAmerica, that it will not claim in the future that the reconsideration sets a precedent for any further interpretation of the TIF agreement. Mr. Coyle responded that he would be perfectly willing to accept that condition. He further stated that he will prepare a letter for the August 3 City Council meeting. Councilmember Krebsbach stated that she would like a guarantee that SuperAmerica does not anticipate making changes in the Page No. 14 July 6, 1999 operation of the store and will remain loyal to the original developers agreement and development contract. BALLFIELD IMPROVEMENTS Council acknowledged a memo from Park Project Manager Guy Kullander regarding improvements to the Civic Center ballfield. Mr. Scott Miller was present for the discussion. Ayes: 5 Nays: 0 Mr. Miller stated that the MHAA would like to see the infield turf and irrigation system completed this year. Councilmember Dwyer moved to accept the recommendation of the Parks and Recreation Commission and to direct staff to proceed with converting the infield to turf and modifying the irrigation system. C61nciftriember Huber seconded the motion. Mr. Miller informed Council that one -half of the $10,000 estimated cost will be paid by MHAA, along with the batting cages, over the next three years. COUNCIL COMMENTS Councilmember Dwyer expressed Council's appreciation to Mendakota Country Club for its spectacular fireworks display on July 4. He also congratulated the Sibley Area 12 and under Girls fast pitch travelling team for placing first in the city tournament and being the first seed for the state tournament. Mayor Mertensotto informed Council that he will not be present for the July 20 meeting. Ayes: 5 Nays: 0 There being no further business to come before Council, Councilmember Krebsbach moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. TIME OF ADJOURNMENT: 10:22 p.m. KatKieen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor