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1998-06-16 Council minutesPage No. 1 June 16, 1998 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday June 16, 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 Koch, Krebsbach, and Smith. Councilmember Huber had notified Council that he would be absent. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the May 13, 1998 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the June 9, 1998 Parks and Recreation Commission meeting. c. Acknowledgment of the Treasurer's Monthly Report for May. d. Acknowledgment of the Building Activity Report for May. e. Acknowledgment of the Fire Department monthly report for May. f. Authorization for the Code Enforcement Department to issue a fence permit to General Pump to allow installation of a six foot chain link fence enclosure for a cooling tower at 1174 Northland Drive. Page No. 2 June 16, 1998 g. Approval of the issuance of a sign permit to allow installation of a 72 square foot sign at Lloyd's Barbeque, 1455 Mendota Heights Road. h. Authorization for Sergeant Donn Anderson to attend the IACP annual conference in Salt Lake City from October 17 to October 22. i. Adoption of Resolution No. 98- 33, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR ROGERS LAKE ADDITION, JOB NO. 9312." j. Authorization for the purchase and installation of two six -foot long metal park benches along the trailway south of the HRA Senior Housing facility, to be financed by the Special Park Fund. k. Authorization to advertise for bids for the 1998 Slurry Seal project. 1. Authorization to enter into an agreement for Council secretarial services from July 1, 1998 through November 30, 1998. m. Approval of the permanent appointment of John Ambrose to the Public Works Department along with his probationary promotion to Maintenance Worker II, effective June 9, 1998. n. Approval of the permanent appointment of Rich Burrows as Maintenance Worker III in the Utility Department, effective June 16, 1998. o. Acceptance of the resignation of Jean Scherer from the Accountant position, authorization for staff to begin the process of recruiting a candidate for the position, along with authorization to retain Shirley Shannon on an on -call consultant basis as needed for accounting support and training of the new accountant. p. Acceptance of the resignation of Rita Dolan from the Police Clerk/Receptionist position along with authorization to begin the process of recruiting a candidate for the position and to use temporary help as needed. Page No. 3 June 16, 1998 q. Acceptance of bids for hockey rink replacement and authorization to issue a purchase order to Keller Residential Inc., for its low bid of $9,810. Acknowledgment of bids received for the painting and staining of the structures in North and South Kensington Parks, the Public Works Building and Pubic Works propane tank, and authorization to issue a purchase order to Bob Doane Painting for its low bid of $4,600. s. Adoption of Resolution No. 98 -34, "A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR A HOTEL AND A WETLANDS PERMIT FOR A BEST WESTERN AT CENTRE POINTE." t. Acknowledgment of information regarding Northland Insurance Company's 50"' Anniversary Celebration and authorization for Northland to close a portion of Northland Drive on Sunday, June 28, in accordance with the Police Chief's recommended requirements. u. Authorization for the Public Works Director to attend the International American Public Works Association Conference in Nevada from September 14 through 17. v. Acknowledgment of bids for Civic Center ballfield fencing safety improvements and authorization for issuance of a purchase order to Fence -Co for its low bid of $2,250. w. Approval of the list of contractor licenses dated June 16, 1998 and attached hereto. x. Approval of the List of Claims dated June 16, 1998 and totaling $324,412.13. y. Approval of the permanent appointment of David Odlaug as patrol officer, effective June 21, 1998. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 AIR NOISE Mayor Mertensotto stated that the city has received many phone _. calls since Sunday regarding airplanes flying north of T.H. 110. He stated that this is very unusual and the people who called reported Page No. 4 June 16, 1998 repetitive overflights between 6:15 and 7: 45 p.m. He informed Council that he has worked with the City Administrator to prepare a proposed resolution for submission to the MAC and FAA to provide notice to the agencies that the prolonged heading violations are unacceptable and a violation of rules and procedures for noise mitigation. He briefly reviewed the resolution for Council and the audience. Councilmember Smith moved adoption of Resolution No. 98 -36, "A RESOLUTION TO PROVIDE OFFICIAL NOTICE OF PROLONGED HEADING VIOLATIONS CONTRARY TO ADOPTED RULES AND REGULATIONS FOR NOISE MITIGATION AT MSP INTERNATIONAL AIRPORT." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Robert Jackels, 640 Ivy Falls Avenue, and Mr. Paul Collins, 642 Ivy Falls Avenue, presented a neighborhood petition requesting speed bumps on Ivy Falls Avenue to control traffic on the street. Mr, Jackels stated that the neighborhood is concerned with the speed on the street, which is about 1200 feet long. He stated that Ivy Falls Avenue is like a high speed extension of the freeway system and that most of the problem is from traffic coming from the west to get to Dodd Road. Mayor Mertensotto stated that Council will accept the petition but never takes action on items that are raised under public comments without first doing research. He informed Mr. Jackels that the matter will be referred to the police department for study. He stated that the city generally does not use speed bumps for traffic control and informed Mr. Jackels that the city will send him a copy of the police recommendation when it is completed. Councilmember Krebsbach asked if it is the speed or the amount of traffic that is the concern and whether there has been an increase in traffic. Mr. Jackels responded that the street is busy and people are inconsiderate of the safety of the children in the area. Mayor Mertensotto directed staff to perform traffic counts on Ivy Falls, Sylvandale and the entrances to the townhouse area. Page No. 5 June 16, 1998 Mr. Collins stated that he has lived on Ivy Falls Avenue for five years and the traffic has increased each year and the speed is increasing as well. Councilmember Smith stated that there may be a distinction that should be considered in the study: Ivy Falls Avenue is a neighborhood street, not a collector street. Councilmember Krebsbach stated that traffic on Dodd Road has also increased, and that the traffic increases on Ivy Falls and Dodd may be because people are trying to fmd other ways to get to St. Paul in order to avoid the congestion on the I -35E bridge. Mr. Collins responded that he is more concerned about the speed than he is about increased traffic. PUBLIC COMMENTS Mr. Don Delich, 2335 Swan Drive, expressed his concerns about drainage on Swan, particularly where the drainage comes into a culvert in his back yard. He explained that the storm sewer dumps into a manhole an the manhole discharges into the culvert. He stated that every time it rains or storms he has to clean up the cans and debris that are washed out of the storm sewer. Council referred the matter to the engineering department for investigation and report and directed that the report be copied to Mr. Delich when it is completed. CITY SIGN DESIGN Council acknowledged a memo from Public works Director Danielson regarding design of the city sign to be located on Outlot B, Mendota Meadows (southeast quadrant of Dodd Road and Mendota Heights Road). Mr. Bob Peota and Mr. Frank Hickey, from SIGNA Design were present for the discussion. Mayor Mertensotto stated that one of the questions in Mr. Danielson's report was whether a 3 by 8 sign is the right size. He stated that Council will depend on SIGNA to recommend the appropriate size. He informed Mr. Peota and Mr. Hickey that Council is looking for a sign that will be relatively maintenance free and that while Council does not want bright lighting, the sign should have internal lighting or back lighting so that people can see the lettering. Mr. Hickey reviewed the site plan, stating that the sign location has been pushed back about 25 yards. He stated that if the large Page No. 6 June 16, 1998 Mn/DOT sign that identifies Mendota Heights Road could be removed, the city sign could be moved closer to the intersection. Public Works Director Danielson responded that the Mn/DOT sign is not necessary, as there is already a sign at the stop light that identifies Mendota Heights Road. Councilmember Smith responded that she feels that because of the rapid sequence of stop lights, the Mn/DOT sign is a good reinforcement for people. Mr. Hickey reviewed overheads showing proposed options for layouts and lettering for the sign. He stated that there is a broad range of approaches to landscaping and that he has followed the guidelines established with the City Hall sign in designing the new sign, including stone, white lettering, etc. Council discussed the proposed options for what the sign should say, with the consensus being that it should say "Welcome to the City of Mendota Heights." j Mr. Peota informed Council that the existing Mn/DOT sign is 6 by 25 feet and a 3 by 8 city sign would be dwarfed by it. He stated that the concern should be that the type size is readable for a certain distance. He stated that a larger sign is needed in order to make the lettering readable as traffic passes. In response to Council's request, Mr. Peota stated that he will prepare a plywood sign to place at the sign's proposed location, with various sizes of lettering on it, so that Council can view the lettering and decide on a size. Mr. John Streeter, from Paster Enterprises, stated that the objective of the sign should be established first, and if the objective is to welcome people, then the word welcome should stand out. He further stated that the size of the sign is very important, and that no one would see a 3 by 8 sign. Mr. Peota stated that he prepare and place a mock -up of the sign on the site and that he will be back on July 7 with the proposed preliminary design and recommendations for landscaping. TAJ TECHNOLOGIES Council acknowledged a letter from Lilyholm & Lilyholm for $88,000 in tax increment financing assistance for extra sound abatement design materials and unusual site work expense for the Page No. 7 June 16, 1998 TAJ Technologies Project. Council also acknowledged an associated memo from Treasurer Shaughnessy. It was noted that no one was present on behalf of Lilyholm & Lilyholm. Mayor Mertensotto stated that the applicant did not ask for TIF when he received approval for the project and that he has not yet submitted plans. Councilmember Smith stated that Council will also need a TIF analysis. Discussion on the matter was tabled. SNYDER' S DRUG STORE Council acknowledged a request from Paster Enterprises for an DRIVE -UP WINDOW amendment to the PUD for the Mendota Plaza Shopping Center to allow remodeling at the center (including facade changes on the south side of the building, signage and dumpster enclosures) to accommodate a drive -up window for Snyder's Drug Store. Council also acknowledged an associated memo from Public Works Director Danielson. Mr. John Streeter was present on behalf of Paster Enterprises. Mr. Streeter informed Council that a traffic study was done in order to create the best plan for traffic flow to the rear of the shopping center. He explained that in order for traffic associated with the drive through window to be controlled with concrete curb, the existing dumpsters must be relocated. It is proposed that three decorative block dumpster enclosures, be built, either off of the parking lot or in existing parking spaces. Mayor Mertensotto asked what will happen if Paster some day comes in with a plan to build on the site. Mr. Streeter responded that the dumpsters would have to be relocated at hat time. Councilmember Krebsbach asked if there is any concern about people entering the restaurant from the rear of the building and also about the potential for parking busses in the back. She stated that she does not want to preclude those things. Page No. 8 June 16, 1998 Mr. Streeter responded that the plan was designed to protect the pedestrians entering the restaurant from the rear with sidewalk and curb, and that there is plenty of room for bus parking in the future. Councilmember Krebsbach asked if there is also a request for an extension of hours for Snyders and if the overhang is lighted. Mr. Streeter responded that there is no change in hours proposed and that the sign for the drive - through will not be lit. He stated that there will be a fluorescent light under the canopy shining onto the window and that he would like to put lighted letters on the sign. The signage will comply with the sign criteria established for the shopping center. Councilmember Smith asked about signage for the Snyders restaurant. Mr. Streeter responded that Snyders has not asked for anything and that signage for the restaurant is not part of this proposal. Mayor Mertensotto stated that Council needs clarification on the signage at the rear and needs the criteria for signage on the back of the center, lettering size, etc. Councilmember Krebsbach stated that she thinks the lettering on the front of the building is too large for the back and that lighting is also a problem. Staff was directed to research the approval that had been granted for the dental office signage at the rear of the center. Councilmember Smith moved to amend the conditional use permit for the Mendota Plaza Shopping Center to permit a drive up facility for Snyder's Drug Store. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Action with respect to signage was tabled until further information is submitted and reviewed by Council. CASE NO. 97 -24, MENDOTA Council acknowledged a letter from United Properties requesting TECHNOLOGY CENTER approval of a minor amendment to the PUD for the Mendota Technology Center, Phase III to allow a 60,000 square foot office building rather than two office- showroom buildings totaling 60,000 square feet. The request included approval of a building permit for the Phase III building. Council also acknowledged a related memo Page No. 9 June 16, 1998 from Administrative Assistant Hollister. Mr. Dale Glowa was present on behalf of United Properties. Mr. Glowa explained that about a year ago he presented a PUD for the Mendota Technology Center for five buildings. He stated that the first phase, a two story office building has been constructed and is fully leased. He stated that two weeks ago he came before Council to gain approval for phase 2, a three -story office building, and that tonight he is present to request approval to modify the PUD. Instead of two buildings totaling 60,000 square feet of office /showroom use for phase 3, the plan has been modified to one single story, 60,000 office building. He stated that he is requesting approval of a permit to build one building across Lots 1 and 2, so he will not need to replat. The building will be in single ownership and will completely use up the two lots. He anticipated that it will have 100% office use. He informed Council that he has projected a couple of service doors to the rear of the building but there will be no docks. The exterior will match the multi -story buildings, and he anticipated doing more office on the building that will be constructed between the one proposed this evening and the three- story. He noted that there is only about a five foot setback for parking at the side of the building. Mr. Glowa stated that he has requested a variance for the sign and that United Properties will have a signage plan for the building. While there will only be one owner of the building, there will probably be multiple tenants. Councilmember Krebsbach asked what the height of the building will be. Mr. Glowa responded that it will have a 14 foot clear height like the Mendota Heights Business Center and there will be a central lobby and corridor system and rest rooms. He informed Council that he does not know of any other building that has been done like the proposed building. Mayor Mertensotto stated that Council needs assurances that the project will meet all requirements except the sideyard setback for parking and that the architecture will be consistent with the rest of the PUD. He stated that there will possibly be less green space with one building than stated that if there were two buildings with green space between them. Public Works Director Danielson stated that the site is contiguous with the Mn/DOT parcel that the city is acquiring. He asked if Page No. 10 June 16, 1998 Council has any interest in discussing landscaping of that parcel in conjunction with landscaping of the United Properties site. Mr. Glowa responded that he did not think pushing the building out into the setback would be a problem, since the Mn /DOT parcel will never develop. Mayor Mertensotto asked Mr. Glowa to see what he can do to assist the city and that the city could perhaps give United Properties a perpetual easement for a monument in exchange for landscaping. Mr. Glowa responded that perhaps the city could plant shrubbery on the Mn/DOT parcel and United Properties could annually plant flowers, etc., consistent with the rest of the landscaping in the industrial park and take care of the maintenance. Councilmember Krebsbach moved adoption of Resolution No. 98- 35, "A RESOLUTION APPROVING A MINOR AMENDMENT TO PHASE III OF THE PLANNED UNIT DEVELOPMENT FOR MENDOTA TECHNOLOGY CENTER." Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 COMPREHENSIVE PLAN Council acknowledged a memo from Administrative Assistant Hollister requesting City Council feedback to staff regarding the draft community characteristics and land use plan chapters of the comprehensive plan. Administrator Batchelder briefly reviewed the memo and the comprehensive plan update process. Mayor Mertensotto suggested that a more positive approach be taken in the language regarding environmental issues. He asked what the city is gaining (on page 6) by openly discussing environmental liabilities. Administrator Batchelder informed Council that the next workshop is scheduled for August or September and that the intent of reviewing the individual sections is to help the planner put the final draft together. He stated that there will probably be other sections of the plan before Council on the agendas for the next several months. Page No. 11 June 16, 1998 l Councilmember Krebsbach asked that future sections be in "black line copy" to show changes and additions. Mayor Mertensotto asked the Council members to review the material that had been distributed with the agenda and give their comments to the City Administrator as soon as possible. MENDOTA MEADOWS Council acknowledged a memo from Public Works Director LANDSCAPING Danielson regarding a request from Mr. John Mathern for final landscaping inspection and release of the letter of credit required by the developer's agreement for the Mendota Meadows PUD. Council also acknowledged copies of the developer's agreement and a letter of credit and a letter from Mr. Todd Iliff, regarding a lawsuit filed against Mendota Homes by Ms. Peggy Mansur and Ms. Peggy Schanno. Mayor Mertensotto stated that he is concerned that the city has been notified by Mr. Iliff that action has been taken regarding landscaping and that he has requested that Council withhold the letter of credit. He further stated that before the city goes out to inspect the landscaping, there must be contact with the attorney who put the city on notice to see if the deficiencies have been corrected. He stated that city would not otherwise want to release the letter of credit. He recommended that a professional be retained to do the inspection on the landscaping. Staff was directed to contact DSU for a cost estimate and to authorize retaining DSU to perform the inspection if the lawsuit has been resolved and if the cost is reasonable. ELECTION EQUIPMENT Council acknowledged a memo from the City Clerk recommending endorsement of the concept of a proposed agreement with Dakota County for the purchase of election equipment. Mayor Mertensotto pointed out that the county share would be less than the 75% because of the trade -in value of existing equipment. He was also concerned that under the agreement, the county would own the equipment. Council directed further analysis and a comparison of costs if the city purchased the equipment versus joint purchase. APPROVAL OF MINUTES Mayor Mertensotto stated that he had moved minute approval to later in the meeting because he had not had an opportunity to thoroughly review them. Page No. 12 June 16, 1998 Council discussed the minutes and made several corrections. Councilmember Koch noted that the minutes discussed the runoff issue relating to the proposed hotel but there was no reference in the resolution which was adopted by Council earlier this evening. Acting City Attorney Grooms responded that it could be interpreted from the June 2 discussion that Council intended the runoff issue to be in the findings in the resolution. Councilmember Krebsbach moved approval of the minutes of the regular meeting held on June 2, 1998 as amended. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Smith COUNCIL COMMENTS Mayor Mertensotto informed Council on his negotiations with the McNeill family regarding city acquisition of the McNeill property. Mayor Mertensotto informed Council that Darrell Mulelrleile has contacted him to say that Mendakota Country Club would like to participate with the city in a task force on the T.H. 110/Dodd Road area. He stated that Council should discuss at its goal setting session what the format should be for a task force. Councilmember Krebsbach stated that she has received calls regarding truck traffic on Lexington Avenue and the potential for a trail along Lexington. The truck traffic issue was referred to the Police Department for report. Administrator Batchelder reported on an article in the Minneapolis Tribune about an agreement between Minneapolis and the MAC over airport issues. He stated that it would behoove the city to contact MAC to upgrade the MAC/Mendota Heights agreement. Staff was directed to request a copy of the contract and forward copies to Council for discussion at the next meeting. Staff was also directed to request a copy of the contours that Minneapolis has agreed to. ADJOURN There being no further business to come before Council, Page No. 13 June 16, 1998 Councilmember Smith moved that the meeting be adjourned. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:20 p.m. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor