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1998-03-17 Council minutesPage No. 1 March 17, 1998 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 17, 1998 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 Krebsbach and Smith. Councilmembers Huber and Koch had notified Council that they would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the regular meeting held on February 17, 1998 as amended. Mayor Mertensotto seconded the motion. Ayes: 2 Nays: 0 Abstain: Krebsbach CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item i, Purchase of Fire Marshal Vehicle, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the March 10, 1998 Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for February. c. Acknowledgment of the Fire Department monthly report for February. d. Acknowledgment of information regarding acquisition of Mn/DOT parcels 18 and 218. Page No. 2 March 17, 1998 e. Acknowledgment of a memo from Assistant Hollister and information regarding Case No. 97 -39, Card. f. Approval for installation of a lock box at City Hall. g. Approval of the list of contractor licenses dated March 17, 1998 and attached hereto. h. Approval of the List of Claims dated March 17, 1998 and totaling $134,773.42. i. Acknowledgment of information from Dakota County regarding an informational meeting on I -35E bridge reconstruction. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 POLICE CHIEF Council acknowledged a memo and proposed resolution regarding APPOINTMENT appointment of Scott Johnson as Police Chief. Councilmember Krebsbach moved adoption of Resolution No.98 -18, "A RESOLUTION APPOINTING SCOTT A. JOHNSON AS CHIEF OF POLICE." Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 WENTWORTH PARK Council acknowledged a memo from Parks Project Manager Guy SHELTERS Kullander regarding bids received for construction of two picnic shelters in Wentworth Park. Mr. Kullander explained that only one bid was received for the project last fall, and the bid of $45,000 for the two shelters was greater than the budget recommended by the Park and Recreation Commission. The project was rebid this spring and twelve bids were received. He recommended that the contract be awarded to the low bidder, EnComm Midwest, LLC of Cambridge, Mn. Councilmember Smith moved to accept the bids and award the contract for construction of two park shelters in Wentworth Park for its low bid of $26,440.00 (no bid alternate). Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 Page No. 3 r March 17, 1998 HEARING — EMERSON Mayor Mertensotto opened the meeting for the purpose of continued AVENUE VACATION hearing on an application from Mr. Jack Vitelli, 1334 Sylvandale Road, for vacation of a portion of the Emerson Avenue right -of -way. Council acknowledged a memo from Assistant Hollister. Mr. Raymond Christensen, 1356 Clement, was present for the discussion. Mayor Mertensotto stated that it is his understanding that Mr. Christensen and Mr. Vitelli have discussed the proposed vacation and are in agreement. Mr. Christensen responded that the vacation that is proposed is to vacate ten feet of right -of -way along Mr. Vitelli's property. Mayor Mertensotto stated that the ten foot vacation would leave the city 50 feet of right -of -way in case the city needs to construct a street in the future to provide for utilities and access to the Christensen property. Responding to questions from Councilmember Smith regarding the size of Mr. Vitelli's proposed garage expansion and how much of a -- variance will be needed, Public Works Director Danielson stated that a 14 foot addition is proposed and a ten foot vacation would result in the need for a 27 Moot variance. Councilmember Smith stated that she believes the city would want a reasonable setback in case a road is ever built. She suggested that either the city could vacate more of the right -of -way width or Mr. Vitelli could reduce his addition to twelve feet. Councilmember Krebsbach stated that the workshop portion of the addition is the portion that encroaches into the right -of -way and the setback would not be an issue except for the workshop. She pointed out that if the vacation were approved, Council would be narrowing the right -of -way for Emerson to 50 feet to serve Mr. Vitelli's home. She stated that the city would possibly build a road at the minimum width required for public safety. Public Works Director Danielson responded that Emerson Avenue would only serve one lot, the two undersized parcels owned by Mr. Christensen. Councilmember Smith stated that Council is accommodating Mr. Christensen's rights to use his back lot and the future road will serve only one lot. She further stated that Council has allowed streets to Page No. 4 March 17, 1998 be 18 or 20 feet wide in the past and that she thinks it would be in Mr. Vitelli's interest to vacate more right -of -way so that any future roadway should be more on the side of the Christensen lot. She felt that a future roadway should be brought closer to the south to access the Christensen lot and that an additional seven feet should be vacated so that the Vitelli's side yard would be at least ten feet. Responding to a question from Mayor Mertensotto, Mr. Christensen stated that his two lots combined are 120 by 120 feet. Public Works Director Danielson informed Council that the two 60 by 120 foot lots have been combined only for tax purposes now but they are two platted lots that would have to be combined in order to make a buildable parcel. Councilmember Krebsbach asked if the future street could be realigned on a narrower right -of -way. Councilmember Smith stated that she would be inclined to vacate the right -of -way for the length of the Vitelli lot. Councilmember Krebsbach agreed and stated that the city should retain only the right -of -way that is considered the absolute minimum needed. Councilmember Smith stated that she would feel uncomfortable granting a 27 Moot variance. Mayor Mertensotto stated that he believes that the ten foot vacation is the best solution and that he did not want to set a precedent for a narrower right -of -way. Public Works Director Danielson stated that the city vacated 30 feet of Emerson Avenue right -of -way on a lot to the east of Mr. Vitelli in the past so that the owner could build a pool without encroaching on the right -of -way. He further stated that the city is using a portion of the right -of -way for a storm water pond and would not want to vacate that portion of the Emerson Avenue right -of -way. Mayor Mertensotto pointed out that if Council vacates right -of -way, the city gives up its rights and would have to buy the property in the future if it is ever needed. Councilmember Smith stated that she does not like setting a precedent of almost no setback. Page No. 5 March 17, 1998 Councilmember Smith moved to continue the matter to April 7 for further discussion. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 STREET SWEEPING Council acknowledged a memo from Public Works Superintendent Olund regarding bids for 1998 street sweeping. It was noted that while requests for bids had been to five contractors, only one bid was received. Councilmember Krebsbach moved to accept the and award the contract for 1998 street sweeping to Mike McPhillips, Inc., for its bid of $60.50 per hour with a cap at $10,980. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 SEWER EXTENSION Council acknowledged a memo from Public Works Director Danielson regarding a request from Mr. Dale Johnson, 2215 Dodd Road, to allow him to extend a private sanitary sewer line from the end of the existing line across his lot to 2221 Dodd Road (which Mr. Johnson has purchased). Mr. Johnson also requested that the connection charge be waived because he paid to extend the sewer to his home in 1977. Public Works Director Danielson stated that the homes to the south were connected to Alice Lane, and while 2221 Dodd could be served from Alice Lane, it would be much easier to connect by extending the Dodd Road line as proposed. He stated that staff has proposed a connection charge of $2,700 based on current assessment rates for sanitary sewer and that Mr. Johnson has been informed that the charge would likely not be waived. He described the area of the easement that Mr. Johnson will need to dedicate to the city for the sewer line. Mayor Mertensotto stated that the width of the easement will depend on how deep the line must go, and if the depth must be 20 feet, a wider easement will be needed to meet OSHA requirements. He further stated that the easement should be at least wide enough to meet the requirements and that now is the time to get the width that is needed since Mr. Johnson currently owns the property. Page No. 6 March 17, 1998 Councilmember Smith moved to approve a $2,700 sanitary sewer connection charge conditioned upon receipt of a permanent utility easement wide enough to meet OSHA requirements. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 RABANUS Council acknowledged a memo from Assistant Hollister regarding a request from Mr. Richard Rabanus, 2520 Arbor Court, for an ordinance interpretation. Mr. Rabanus and his builder, Roger Grothe, were present for the discussion. Mr. Rabanus stated that he is requesting an interpretation of the way the city looks at garages. He stated that he has resubmitted a plan for his home which has a garage with an upper and a lower entrance and would like the city to review it to see if it meets guidelines. Mayor Mertensotto responded that as he mentioned to Mr. Rabanus in a telephone conversation, Council does not review plans unless there is an application before Council. He stated that Mr. Rabanus is before Council for informational purposes. Mr. Grothe stated that the plan has a garage above a garage with upper and lower entrances, one at grade and one below grade. Mayor Mertensotto responded that Council's interpretation is that single family homes in the R -1 district are allowed to have a maximum three car garage. He stated that the problem he sees with Mr. Rabanus' plan is that while the lower garage may be screened so that it is not a problem for the adjoining residences, if the property is ever sold the lower level would be useable for a business under the guise of a home occupation. He informed Mr. Rabanus that Council has been very reticent to grant garage size variances in the past. He stated that what bothers him is the 1,500 square feet of storage area with a garage door underneath the three stall garage. He stated that if Council were to approve the plan, it would be setting a precedent. He pointed out that since there is no application before Council, Council will not make any decision this evening. Mr. Rabanus asked if the extra garage would be any different than if the home had 1,500 square feet of basement that has a walk -out. Mayor Mertensotto responded that in the past Council has been very strict about requests for garage doors. He further stated that Council Page No. 7 March 17, 1998 has had requests for two garages or garages in other locations and Council has been very tough on those variance requests. Councilmember Smith stated people would try to use the area to its best advantage. She pointed out that in the past Council has been very narrow in its interpretation of what constitutes a garage and has turned other people down for the same thing. She further stated that Council has stuck to the one garage limit. She also stated that there is an underlying sense of principle involved and Council must view requests in the broad sense. Responding to a question from Councilmember Krebsbach, Mr. Rabanus stated that he is currently renting space for vehicle storage and that his family is using four or five vehicles. Councilmember Krebsbach asked Mr. Rabanus if he is asking for a three car garage plus an area underneath to store three other vehicles. Mr. Rabanus responded that it is not his choice to put his collectible cars under a spancrete garage floor but it is the only thing his architect could come up with. He stated that in his original design the second garage door could not be seen from the street. Councilmember Krebsbach stated that part of Council's dilemma is that people have hobbies and want to store them in their homes. Mr. Rabanus responded that he is a car hobbyist and does not work on cars for others. Councilmember Krebsbach stated that Mr. Rabanus' request is not unusual and that one other standard Council has used has been overall garage space. She asked the total square footage of garage being proposed. Mr. Rabanus responded that the overall garage area would be 2,200 square feet. Mayor Mertensotto asked if there was a problem in the Mendota Woods development about the number of oak trees and the elevation of the property. He stated that the Rabanus lot has a high grade and asked what is going to be done on the lot to the north. Mr. Grothe responded that he would not be interfering with the property to the north at all and that he will be installing a retaining wall. He stated that there will be about a five foot cut in front of the Page No. 8 March 17, 1998 lower garage door and there is only one mature tree to the north which will likely remain. Mayor Mertensotto stated that Council is always concerned about precedent. He stated that Mr. Rabanus is talking about 2500 square feet of garage on a home. He informed Mr. Rabanus that the city is currently going through ordinance codification and staff should make the requirements consistent so that there is no confusion about the maximum allowed size. He stated that normally a three stall attached garage is what is allowed and that Council has also avoided allowing oversized garage doors so as to avoid problems with businesses in residential areas. Mr. Grothe stated that he has talked to the developer and agreed to walk the lot with him and show him the trees that must be removed. Mayor Mertensotto stated that he is not going to get involved in authorizing an over and under garage with 1500 square feet underneath and two garage entrances. Mr. Rabanus stated that there are exceptions to the three stall rule in the city. Councilmember Krebsbach asked if a wider three car garage with three doors would work. She suggested widening the main door so that he can get another car in. Mr. Rabanus responded that he originally proposed a single door and a double door. He stated that there are four daily drivers in his family and he does not want to park vehicles outside. He also stated that he is looking for a workshop area where he can put his collector cars. Councilmember Krebsbach stated that whatever Mr. Rabanus does with the lower level is up to him as long as he does not add a garage door on that level. Mr. Rabanus stated that what he is proposing is not unusual in other cities and that Eagan and Inver Grove Heights allow over and under garages. He stated that things change - when he grew up his family only needed a one car garage. He stated that he has two children and there are four primary vehicles going and coming from his home every day . Page No. 9 i' March 17, 1998 i Councilmember Krebsbach stated that the only thing she can see as an accommodation would be to have three doors, but not two garages and no garage door on the lower level. She stated that Mr. Rabanus could have 1500 square feet of space for storage on the lower level under the garage without a garage door. The only accommodation she could see is a larger three stall garage — one main garage — so that he could move the fourth car into the garage if he wants to. Mr. Steve Patrick, 2536 Arbor Court, stated that he has mixed feelings about the request. He stated that he would not like to see four or five cars in the driveway. He further stated that as the developer of the property he has the job of upholding the covenants and the covenants call for a maximum storage for three cars. He informed Council that the neighbors have expressed concern about Mr. Rabanus' requests and understand the city does not enforce covenants. He stated that he understands that tonight's discussion is for informational purposes. Mayor Mertensotto responded that Mr. Patrick is correct — the issue came on the agenda because Mr. Rabanus asked staff for an interpretation. He stated that Council does not take action on an issue unless plans have been submitted and that what Mr. Rabanus is saying is that he would like an over /under garage and is asking what Council thinks about it before he goes to the expense of drawing up plans. Mr. Steven Olson, 2550 Arbor Court, stated that he has an 1100 square'foot garage and can get his two cars and a jeep into it. At 2000 square feet there should be enough room for four to five vehicles in a garage. He stated that if a garage is 20 feet wide, it could be 30 feet deep and three cars could be stacked back to back. He stated that this is what he does and he still has plenty of room for a workshop. He stated that if Mr. Rabanus garage were 40 feet deep it would still look like a house from the side. He stated that while people may not be able to see a door underneath in the summer, it would be visible in the winter, and he would rather see a deeper garage than an over /under garage. Councilmember Krebsbach stated that that is what she has suggested — a larger three car garage with a stairway down to the storage area. Mayor Mertensotto stated that three of the five Council members agree. He further stated that he thinks the over and under will not Page No. 10 March 17, 1998 gain Council approval and that Council looks at the proposal as two garages. Councilmember Smith stated that while the covenants are not under city jurisdiction, she hopes they are adhered to as well for harmony in the neighborhood. Mr. Rabanus stated that in the letter he received from the city, one statement really bothered him — that the variance as proposed is not necessary to alleviate a hardship and would have adverse impact on the health, safety and welfare of the community. Mayor Mertensotto responded that those are statements that are used under the police powers of denial and the rejection letter is standard language. He told Mr. Rabanus that he should not feel that the language is derogatory and the city does not wish to offend him. He informed Mr. Rabanus that the language is not going to be recorded against the property. TOBACCO ORDINANCE Council acknowledged the proposed Dakota County Model Tobacco Ordinance along with a memo from Assistant Hollister. The proposed ordinance was referred to the Police Chief to determine whether it is acceptable or if changes should be recommended. Staff was directed to notify the County that the ordinance has been referred to Chief Johnson who will begin his duties until March 30, so there may be a delay in the city's response to the County. GATEWAY COMMONS Council acknowledged a memo from Assistant Hollister regarding SIGN POLICY a proposed sign policy for the Mendota Heights Gateway Commons on Waters Drive along with a request for sign permit approval for five signs and three sets of building address numbers. Mr. Randy Herman, from Sign Source, was present for the discussion. Mr. Herman stated that he has been asked by the building owners and managers to develop sign criteria for the building so that all signage on the building is uniform. The request this evening is to ask that the sign criteria be filed with the city so that signs can be handled at the staff level in the future rather than at the Council level. Mr. Herman then reviewed the sign criteria for Council. Responding to a question from Mayor Mertensotto, Mr. Herman stated that the sign height is limited to between 15 and 18 inches. He stated that the building has two types of entrances, single Page No. 11 March 17, 1998 entrances and double entrances, and in some cases there may be only one tenant using a double entrance, which would allow a continuous band all the way across the entrance. He stated that while two tenants can share a double entrance, none of the single entrances will be shared. Councilmember Krebsbach asked what is unique about Mr. Herman's request. Mr. Herman responded that there is nothing unusual other than to standardize signage so that he does not need to come back to Council each time a sign is installed. He explained that the total signage for the entire building will be less than the total square footage allowed by code. He stated that the letters above the doors will all be the same letter color and size, and the tenants can place their logos on the entrance glass doors but not on the sign band. He stated that the sign letter color will match the blue on the building. Administrator Batchelder pointed out that there are a number of PUD's in the city that have sign policies, like the Mendota Plaza and United Properties, and they have been filed with the city. He stated that in all cases, applications for building permits are submitted to Council for approval by ordinance. Interior work in B and I zones can be approved by the code enforcement officers, but all sign permits which conform to approved sign policies are placed on Council's consent agenda. Councilmember Smith stated that she thinks Council does not want to make this more difficult than is necessary but a precedent has been set for placing signs on consent if they meet sign policy criteria. Mayor Mertensotto informed Mr. Herman that it will still be recommended by staff that signs for the development be placed on the agenda, but if everything goes will and the policy is followed Council may in the future say that Mr. Herman does not need to come in because the sign policy has very finite criteria. Councilmember Krebsbach moved to approve the standard sign criteria for Gateway Commons and approval of the individual signs for the five tenants and three sets of 36" letters that were listed in the letter from Mr. Herman to the city dated March 9, 1998. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 Page No. 12 March 17, 1998 Mr. Herman informed Council that he will likely come before Council for a variance for monument sign setback in the future. FIRE MARSHAL VEHICLE Council acknowledged a memo from Fire Chief Maczko recommending the purchase of a 1994 Plymouth Grand Voyager to replace the existing 1983 Ford station wagon that is currently used by the Fire Marshal. Treasurer Shaughnessy informed Council that he understands that the light bar and radio will be moved from the existing vehicle to the van. Administrator Batchelder stated that there will be some cost involved in installing the radio and putting lettering and the city's logo on the van. He informed Council that it is not absolutely necessary to have a siren and light bar on this vehicle because it will not be used for emergency response. Councilmember Krebsbach asked if there is any concern over potential transmission problems. Treasurer Shaughnessy stated that he thinks the light bar and siren should be installed so that the vehicle qualifies for sales tax exemption as an emergency vehicle. Staff was directed to have the city's mechanic thoroughly inspect the vehicle for possible transmission problems or other problems. Administrator Batchelder stated that the fire department has been looking for an appropriate replacement for the fire marshal's vehicle for several weeks. He stated that part of the problem is that they do not have authority to spend the budgeted money without prior Council authorization and it is difficult to get someone to hold a vehicle without the authorization, which is why the issue was placed on the add on agenda. Councilmember Smith moved to authorize the purchase of a 1994 Grand Voyager from Stillwater Motors for $11,820 with the understanding that it will be purchased and used as an emergency vehicle, conditioned upon thorough inspection by the city's mechanic. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 Page No. 13 March 17, 1998 1 COMPREHENSIVE PLAN Council acknowledged a memo from Administrator Batchelder WORKSHOP regarding scheduling of a Comprehensive Plan workshop. Councilmember Smith moved to scheduled a special joint workshop with all commissions on the Comprehensive Plan Update for April 14, 1998 at 7:30 p.m. at City Hall, and to direct staff to notify all commissions and take care of all required public notice procedures. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto informed Council about a telephone call he had received regarding a forthcoming application for a hotel on the tax forfeit site in the Center Pointe development. He suggested that the applicants appear before Council on an informational basis before making application to see if Council finds that the use is appropriate for the site. Mayor Mertensotto stated that public notice is out that Mendakota is proposing development of a portion of its property by Walgreen's. He felt that Council should designate a task force because there are so many issues to address. Councilmember Krebsbach stated that while a citizen task force would be fine, but the Council and Planning Commission should be very much involved. She also stated that the proposal needs to be discussed within the context of the Comprehensive Plan. She felt that a taxk force should consist of two Council members, three commission members and six residents. It was the consensus that Council members should give comments to Administrator Batchelder regarding the size of a task force and the boundaries of the area of concern. Staff was directed to inform the Planning Commission on what Council is considering. Mayor Mertensotto stated that he has received many calls about the condition of the old garage on Victoria Road. He asked staff to forward the name of the owner to him and stated that he will contact the owner. ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved to adjourn the meeting. Ayes: 3 Nays: 0 ATTEST: Charles E. Mertensotto Mayor Page No. 14 March 17, 1998 Councilmember Smith seconded the motion. TIME OF ADJOURNMENT: 9:59 p.m. Kathleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL March 17. 1998 HVAC Contractor License A-abc Appliance & Heating Alta, Ltd. The Maintenance Team Inc. St. Marie Sheet Metal Inc. General Contractor License Parkos Construction Co. Peterson ' Bros. Roofing & Const. Inc. Schindler Elevator Corp. David Wayne Construction Inc. Drywall /Stucco Contractor License JBL Plastering Inc. Landscape/Tree Removal Contractor License S & S Tree and Horticultural Specialists, Inc.