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1998-10-06 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 6, 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, Councihmembers Dwyer, Huber, Krebsbach and Smith (arrived at 7:35 p.m.). AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes:4 Nays:0 Ayes: 5 Nays: 0 Councilmember Krebsbach moved approval of the minutes of the regular meeting held on September 15, 1998 as submitted. Councilmember Huber seconded the motion. CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained herein. a. Acknowledgement of the September 22 Planning Commission Minutes b. Acknowledgement of the Building Activity Report for September C. Acknowledgment of the Fire Department Report for September d. Acknowledge Receipt of Information Regarding Page No. 2 October 6, 1998 1999 Water Rate Increases e. Approval of the Plans and Specifications for Brown Institute Drainage Improvement Project (Job No. 9715) and Authorization to Advertise for Bids f. Approval to Appoint Probationary Firefighters to Permanent Status g. Approval of Permanent Employment Status - Recreation Programmer h. Authorization to Expend $500 for Food and Refreshments for the Annual Halloween Bonfire i. Approval to Amend Variance and Authorization to Issue a Building Permit (Case No. 98 -23: St. Peter's Church) j. Authorization to Issue a Sign Permit - Children's Country Day School - 1586 South Victoria Road k. Approval of RESOLUTION NO. 98 -73, "A RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF" 1. Authorization to Make Improvements at City Hall m. Acknowledge Receipt of a Report from NSP - Improvements to Rogers Lake Substation n. Approval of TAJ Tax Increment Agreement o. Authorize Payment of 1999 Dues to the League of Minnesota Cities P. Acknowledge Receipt of the 1999 NDC4 /NDCTV Budgets q. Acknowledge AMM Request for Transportation Advisory Board (TAB) Ayes: 5 Nays: 0 DODL ROAD i L' ' E 1 NO. 9513B) Ayes: 5 Nays: 0 PRESENTATION Page No. 3 October 6, 1998 r. Approval of RESOLUTION NO. 98 -74, "A RESOLUTION APPOINTING 1998 ELECTION JUDGES" S. Approval of Election Equipment Agreement t. Approval of the List of Claims U. Authorization to Cancel the October 13, 1998 Parks and Recreation Commission Meeting Councilmember Smith seconded the motion. None Council acknowledged the memo of Curt Wimpee' , Civil Engineer relative to safety improvements to be made along Dodd Road (T.H. 149) at and around the intersection with T.H. 110. Councilmember Dwyer moved accepting the bids and authorizing award of the contract for safety improvements along Dodd Road (T.H. 149) at and around the intersection with T.H. 100 to Pine Bend Paving in the amount of $9,701. Councilmember Smith seconded the motion. SEVENTH ANNUAL FIRE Fire Marshal Paul M. Kaiser was in attendance to present a AWARDS plaque to General Pump to acknowledge their work in creating a fire safe atmosphere. Mayor Mertensotto acknowledged the firms which consistently and conscientiously emphasize the importance of fire safety in Page No. 4 October 6, 1998 the workplace. The following firms will receive an emblem to attach to their previous plaque: A.R.R.T., Applied Coating Technology, Associated Bureaus, Batesville Casket Company, Big Wheel /Rossi, Center for Diagnostic Imaging, Ecolab, L.C.S. Metal Stamping, Medakota Country Club, Mendota Heights Cycling Fitness, Metro H, Minnesota Knitting Mills, Patterson Dental Supply, Prime Source, Inc., Somerset 19 Condo Association, Somerset Country Club, Speciality Equipment, St. Paul United Methodist Church, St. Peters Church, Tempco Manufacturing. Fire Chief Maczko was also in attendance and expressed his appreciation to businesses which cooperate and willingly keep things safe and maintain alarm systems to help reduce the number of calls the Fire Department is called out on. On those occasions the department is called out, the severity is generally considerably less. Chief Maczko also reported to the Council on National Fire Prevention Week and the activities which the department will be conducting and participating in. BUNKER HILLS STREET The Council acknowledged the memo from Marc S. Mogan, RECONSTRUCTION Civil Engineer, regarding the Bunker Hills Street ASSESSMENT HEARING Reconstruction, Project Assessment Hearing. Mayor Mertensotto opened the public hearing at 8:00 p.m. He explained the contractor has not been required to replace the curbing, however, this claim has not been settled with the contractor. The City has picked up this portion of the curb which reduces the original assessment by $700 per property resulting in an assessment of approximately $3,900 per property. Brian Birch, 755 Willow Lane, stated his property is approximately four - fifths uncompleted and did not feel his property should be assessed at this time. Ayes: 5 Nays: 0 Page No. 5 October 6, 1998 Mr. Birch felt it premature to release the contractor from this project. Mayor Mertensotto explained the contractor has not been released from responsibility for this project, however, there are requirements which must be met relative to assessment of the project. The assessment hearing must be held in order to provide a 30 -day repayment period and allow the City time to certify the assessment roll to the County Auditor. If those requirements are not met, the City would miss the certification deadline to apply the first payment on next years taxes, resulting in a full year of interest which would be added to the project. Mayor Mertensotto inquired relative to the work which remains to be completed on Mr. Birch's driveway. It was noted the driveway apron has been replaced, however, Mr. Birch was not in agreement. Mayor Mertensotto noted the driveway apron and curb have been constructed. Mr. Birch stated there are unresolved issues relative to landscaping which have been documented and provided to Engineer Mogan. Mr. Birch stated the landscaping is a major concern at this time. Mayor Mertensotto stated the landscaping has been delayed due to the disagreement which Mr. Birch has with the City relative to the driveway apron. Mr. Birch felt 80 percent of the project as it relates to his property remains unfinished. Hearing no further public testimony, Councilmember Huber moved to close the public hearing at 8:13 p.m. Councilmember Smith seconded the motion. Councilmember Dwyer moved adopting RESOLUTION NO. 98 -75, "A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET RECONSTRUCTION TO SERVE THE AREA REFERRED TO AS BUNKER HILLS INCLUDING PROPERTIES IN RIDGEWOOD PARK, SPRING CREEK ACRES, SOMMERSET HILLS NO. 2, SOMERSET Ayes: 5 Nays: 0 1 1 1 D CASE NO. 98 -33: AMB PROPERTIES - REAR YARD SETBACK VARIANCE Page No. 6 October 6, 1998 HILLS, SUMMERSET PLACE, AND VALLEY CURVE ESTATES, (JOB NO. 9514, IMPROVEMENT NO. 96, PROJECT NO. 3) ", acknowledging the objections of Brian Birch, 755 Willow Lane. Councilmember Huber seconded the motion. Mayor Mertensotto noted the City is paying in excess of 50 percent of this project. Council acknowledged the memo of Administrative Assistant Patrick Hollister relative to the request of AMB for a 10- foot rear yard setback variance for parking to allow the addition of truck docks to the rear of the Rollerblade, building and shared access between the Rollerblade building and the newly constructed Mendota Heights Gateway Commons Building. Mr. Robert Cote, CB Richard Ellis, was in attendance to discuss this request with the Council. Todd Mohagan, Architect, Thomas Cesare, Planning Engineer, and Jeff Johnson, Attorney, were also in attendance. Councilmember Dwyer inquired relative to truck traffic in the area. Mr. Cote explained this would be trucks servicing the businesses in the area. Councilmember Dwyer questioned whether there will be problems with access points in the future. Mr. Cote did not feel additional truck traffic would be created. He stated the addition of the docks allows for a subdivision of the space. In addition, the docks are being constructed to enhance marketability of this space in the event Rollerblade vacates their current space. Mayor Mertensotto commented this is a substantial change from the initial approval which was sought for the Gateway Commons project. He recalled it was stated at that time the Page No. 7 October 6, 1998 building could function on the pad in the manner proposed. Mr. Cote stated the dockway is not for the benefit of the Gateway Commons project, but for the benefit of the 2360 Pilot Knob property. Mayor Mertensotto inquired whether there will be commingling of traffic between the two buildings. Mr. Cote stated the way the drives are setup, there would not be commingling of traffic. Councilmember Smith recalled variances were granted for the Rollerblade building several years ago, one relating to the green space requirement. Public Works Director Danielson explained in 1994, the owners contacted the City to request variances as a result of a right -of -way taking by MNDOT for improvements to the Highway 13 and Pilot Knob Road intersection. At that time, the taking resulted in a 16.8 percent green space calculation which included reductions for the pond and parking. The ordinance pertaining to green space requires landscaped areas. Councilmember Smith expressed concern granting of this variance would reduce the green space from 16.8 percent to approximately 12 percent. She pointed out the ordinance requires 25 percent green space and this is a substantial deviation from the City's typical standards. Tom Cesare, Planning Engineer, noted his understanding from the Planning Commission the pond would be calculated as green space. Mayor Mertensotto expressed concern the Council is now receiving a request to modify the project after it is in place. He also expressed concern relative to the direction of the truck traffic which will be coming back out on Waters Drive and Highway 55. Mayor Mertensotto asked what other options would be available. Mr. Cote noted the Planning Commission Page No. 8 October 6, 1998 discussed changing the lot line, although it was felt this would not be a good alternative. Jeff Johnson, Attorney for the applicants, explained for multiple reasons the applicants would like to avoid a lot split or subdivision given the underlying financing and an existing agreement with the City in which a transfer would be prohibited. Mayor Mertensotto pointed out there has already been a transfer. Mr. Johnson acknowledged a portion of the property was transferred, however, the applicant would not want to trigger the TIF note. In addition, Mr. Johnson stated there are some internal ownership issues and processing a lot split at this time would result in an early 1999 tax acceleration. With respect to green space, with the modifications being proposed, Mr. Johnson did not feel there would be an impact on the attractiveness or the functionality of the building. With limited dock area, it would be very difficult to secure a tenant for this space. Councilmember Smith commented the use of the building makes sense, however, in developing an industrial park, the City has attempted to maintain a certain standard within the park which includes green space, open space and landscaped areas. She stated by over building on one lot, this takes away from the appearance of the adjacent lots. Mr. Cote inquired whether the ponding area would be included in the green space calculation. Mr. Danielson explained the ordinance provides, "at least 25 percent of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees." Mayor Mertensotto felt a precedent would be set in allowing the green space to be reduced even further from the required 25 percent. Mr. Cote stated the docks are needed in order to market the space. Mayor Mertensotto questioned whether this was known at the time Gateway Commons was developed. I Page No. 9 October 6, 1998 Mr. Cote stated his belief Rollerblade will not be renewing their lease and the docks are necessary in order to make this project successful. Councilmember Smith inquired whether there are any opportunities for increasing the green space on this site. Mr. Cote felt some of the proposed parking to be north could possibly be used. Councilmember Smith noted a variance was already granted relative to the required number of parking spaces. Todd Mohagan, Architect, suggested the proof of parking area be considered as green space since it is undeveloped. Councilmember Smith pointed out it would be required the proof of parking be including in the calculations. Mr. Mohagan stated the proof of parking would be the hard cover. Mayor Mertensotto stated the proof of parking is the ability to meet the parking requirements. As the intensity of the land use develops, the additional parking would have to be available. Mr. Mohagan felt an agreement could be reached relative to the amount of space which is used for office and warehouse. He noted his understanding the proof of parking related only to semi trucks or truck parking. Councilmember Dwyer commented the issue appears to be the need for a variance for green space which he felt has not been fully considered by the applicant or staff. Mayor Mertensotto also felt potential uses and trade -offs should be reviewed as well as the number of parking spaces which are actually needed for this development. Councilmember Dwyer suggested the applicant come back to the Council at some point in the future when all of these issues have been investigated and can be more fully presented to the Council. Councilmember Smith pointed out the possibility these Page No. 10 October 6, 1998 properties will not be owned by the same owner at some future time and stated she would not want to grant a variance which will limit the use of either of the properties. Councilmember Krebsbach requested the applicant provide a visualization where the docks are to be attached if this matter is to be reconsidered by the Council. Mr. Cote stated he would like to begin grading as soon as possible since it is anticipated the docks will be cut next spring, followed by the overlay. Mayor Mertensotto stated green space is an issue as well as the landscaping. He stated he is also concerned with the commingling of semi truck traffic with car traffic. Councilmember Dwyer suggested the applicants address the green space issue and return to the Council in one month for further review and consideration. Mayor Mertensotto felt a sub committee of the Council should be involved in this matter as well, however, given the level of commitments of the Council, this would be difficult. Mayor Mertensotto stated the applicants will need to address various alternatives. Mr. Johnson stated he will initiate discussions with staff relative to this issue. DISCUSSION O N Council acknowledged the memo of Jim Danielson, Public MENDOTA MEADOWS Works Director, relative to the Mendota Meadows landscape LANDSCAPE ESCROW escrow. It was noted Mr. Mathern has completed the townhomes and is requesting release of his Letter of Credit. A landscaping and grading inspection was completed by Mr. John Uban of DSU on July 2, 1998. In reviewing Mr. Uban's report, 18 homeowners responded with concerns of their own. These issues were presented to Mr. Mathern on August 11, 1998, and he informed the City corrective work would be completed by the end of September. To date, none of this work has been completed. Page No. 11 October 6, 1998 Rod Krass, Esq., appeared on behalf of Peggy Mansur and Cynthia Shanno. Ms. Shanno was in attendance with Mr. Krass. Mr. Krass explained his clients are experiencing serious slope failure and provided photographs depicting the problem. His clients have also engaged American Engineering Testing, Inc., to review the property and their report was supplied to the City. The report indicates there are anticipated slope failures which can be expected. It was recommended a geotechnical engineering study of the slope stability and remedial options should be conducted as soon as possible. Mr. Krass further explained his clients have commenced a lawsuit against the developer relative to these unresolved problems. Mr. Krass requested the City secure the developer's Letter of Credit so there will be funds available to correct the situation. Mr. Krass stated his belief a geotechnical survey should be completed to determine the cause of the slope failure as well as a remedy for this situation. Mayor Mertensotto asked who developed the plans and specifications for the common areas. Mr. Danielson noted these were prepared by the developer. Mayor Mertensotto stated the City's rights under the Letter of Credit and the Developers Agreement will need to be determined. Mayor Mertensotto also expressed concern relative to the two year statute of limitations. He directed staff to investigate the City's rights relative to the Letter of Credit and the Developers Agreement. Mayor Mertensotto assured the Letter of Credit will not be released while there are issues outstanding. Councilmember Dwyer pointed out Mr. Mathern has been notified of this meeting and has not appeared. Mr. Danielson stated he has not been contacted by Mr. Mathern or any of his representatives. Page No. 12 October 6, 1998 Mayor Mertensotto directed that Attorney Hart investigate this matter and assured Mr. Krass the Letter of Credit will not be released given the problems which have been brought to the attention of the Council. Councilmember Dwyer commented if the City is compelled to release the Letter of Credit according to the terms of the Developer's Agreement, Mr. Krass will be notified. Linda Schlazer stated she has an extremely wet backyard as do the neighbors on both sides of her property. Ms. Schlazer stated she supports Mr. Krass' request the Council not release of the Letter of Credit. Ms. Schlazer stated because of the outstanding lawsuit and the concern of the homeowners they would be held responsible for attorney's fees, the neighborhood has not taken control of the association. Councilmember Dwyer informed Ms. Schlazer there is a two year statute of limitations in which to bring lawsuits based on complaints to improvements to real property. Al Mayer, 813 Monnet, noted he has similar problems and has been in touch with the City relative to those problems. He stated he has been left with something less than adequate. Mayor Mertensotto requested Attorney Hart be informed of this matter and that he keep the residents informed. Jack Barber, 810 Monnet Court, stated he has a wet backyard, however, he expressed his opinion Mr. Mathern will get the work done. He acknowledged there are a number of problems in the area. In addition, there has been digging in the area. Mr. Barber has spoken with Mr. Mathern's representatives and informed them what needs to be done to rectify the problem. Administrator Batchelder will speak with Attorney Hart who will address this issue and provide information to the residents. Mr. Barber stated Mr. Danielson has been very receptive to the residents in this development. Page No. 13 October 6, 1998 Cynthia Shanno stated she was the first homeowner in the Mendota Meadows Development and she has made numerous attempts to work with Mr. Mathern. She explained there has been a lack of response along with numerous broken promises over the last several years. Mayor Mertensotto inquired who would be the contact person for this development. Administrator Batchelder noted Mr. Danielson has been in contact with each of the 34 homeowners in this development. Councilmember Dwyer pointed out 18 of the 34 homeowners are experiencing difficulties. DISCUSS CITY Council acknowledged the memo of Jim Danielson, Public ENTRANCE SIGN DESIGN Works Director, relative to the City entrance sign design. Mr. Bob Peota, design consultant, was in attendance along with Mr. Frank Hickey, a design consultant, and Mr. Cliff Swenson, a landscape architect. Mr. Hickey provided two design sketches showing the sign at its selected location with two different types of landscaping and explained each in detail. In addition, Mr. Swenson explained the construction materials which are being utilized as well as the landscaping which is planned. Councihnember Smith inquired whether it has been determined if the sign is located in the right -of -way. Mr. Danielson verified it is located in the right -of -way, however, in general, MNDOT is amending its policy to allow the placement of city entrance signs in the right -of -way. It was noted MNDOT has not been consulted relative to the exact location of this particular sign. It was also noted there is electricity available to this site. Councilmember Dwyer suggested including some blue spruce which would provide some color year round. Councilmember Huber expressed concern the shrubs be somewhat lower since in several years, evergreens would require trimming and could grow up and begin to cover the Page No. 14 October 6, 1998 sign. Mr. Hickey estimated the cost of the sign to be in the range of $25,000 to $30,000 depending on the type of power available and the grade which will need to be utilized. Councilmember Huber questioned whether the wording will be covered by snow in the wintertime. Mr. Hickey stated he is hopeful the elevation will be sufficient to keep the wording visible. Councilmember Smith provided a diagram of a signage concept for the Council to consider. Mr. Hickey stated there is merit to a sign of this nature given the elegance and style. Mayor Mertensotto and Councilmember Huber were not in favor of the consultants' design sketch depicting rock (Option B), however, Councilmember Dwyer did favor that proposal. Councilmember Smith suggested exploring the possibility of using stone which remains from the courthouse if there is a sufficient amount available. . Councilmember Krebsbach stated she is in favor of a more formal sign, however, she noted her agreement with Councilmember Dwyer relative to the use of evergreens to provide color to this area year round. Mayor Mertensotto stated he is in favor of Option A. Councilmember Dwyer suggested upgrading the brick and including the planting of evergreens to the area. Councilmember Krebsbach noted her agreement and felt evergreens and apple trees should be worked into the plan. Councilmember Smith suggested there be some sort of structure surrounding the sign which would accent the sign. Mayor Mertensotto directed Mr. Peota to utilize Option A, incorporating the comments of the Council. He was directed not to use split base block. Mr. Swenson pointed out the use i DISCUSS O 1, 1 AMENDMENT Ayes: 5 Nays: 0 CONSIDER 1' 1 11' IN DAKOTA COUNTY 0 N t, DEVELOPMENT PARTNERSHIP t CANVASSING BO l U1ZE7T6G Ayes: 5 Nays: 0 Page No. 15 October 6, 1998 out the use of modular block or native stone will increase the cost of the project. Council acknowledged a memo from Patrick Hollister, Administrative Assistant, relative to a proposed Ordinance amendment regarding the removal of motels and hotels as conditional uses from the B -1 zone. Councilmember Huber moved approving ORDINANCE NO. 322, "AN ORDINANCE AMENDING ORDINANCE NO. 401." Councilmember Smith seconded the motion. Council acknowledged the memo from City Administrator Kevin Batchelder regarding membership in the Dakota County Economic Development Partnership. Mayor Mertensotto suggested removing this item from the agenda until further information can be provided. Councilmember Dwyer stated he would like to reject the offer. Mayor Mertensotto removed this item from the agenda. Council acknowledged the memo from City Clerk Kathleen Swanson relative to the scheduling of the Election Canvassing Board. Councilmembers Huber and Smith indicated that they would be able to attend the meeting on November 4. Councilmember Huber moved scheduling the Election Canvassing Board meeting for Wednesday, November 4, 1998 at 5:30 p.m. Councilmember Krebsbach seconded the motion. Page No. 16 October 6, 1998 COUNCIL. COMMENTS Mayor Mertensotto reported he will be a meeting on Wednesday, October 7, 1998, at 8:00 a.m. with a developer who is interested in developing property located north of Highway 110, east of Dodd Road. Ayes: 5 Nays: 0 Mayor Mertensotto stated he would like to schedule a workshop meeting to discuss policy decisions relative to the Comprehensive Plan. He noted an application has been requested which would extend the period of time in which the Comprehensive Plan must be submitted. Councilmember Dwyer moved to establish a workshop meeting for Monday, October 19th, 1998 at 7:00 p.m. Councilmember Krebsbach seconded the motion. Mayor Mertensotto also announced the Metropolitan Airport Commission has scheduled an Airport Task Force Meeting for Monday, October 19, 1998, at 7:30 a.m. at the Thunderbird Motel. Councilmember Dwyer suggested that the ARC be informed of this meeting. Mayor Mertensotto reported he spoke with Chief Johnson relative to a report which was received from the Dispatch Communication Center of West St. Paul. Mayor Mertensotto requested a report from Chief Johnson relative to how this fits in with the plans and needs of the City. Chief Johnson has prepared a response outlining the City's concerns with the draft which was received. Further information will be provided to the Council as this issue progresses. Mayor Mertensotto noted landscaping issues relative to the Bunker Hills project remain to be addressed. Councilmember Smith reported she received a letter relative to the St. John matter which was considered by the Council Page No. 17 October 6, 1998 on September 1, 1998. She stated there appears to be a consensus among a number of people that while the St. Johns received a variance which is acceptable to them to reconstruct their garage and driveway, they did not have the opportunity to be heard sufficiently throughout that process. Councilmember Smith suggested reopening the September 1, 1998 Minutes of the City Council to include the St. John letter as an addendum to the Minutes so that her viewpoint is included. Mayor Mertensotto stated the letter can be received as part of Council Meeting Minutes at any time. Councilmember Smith felt it would be appropriate to attach the letter to the September 1st minutes. Councilmember Smith moved attaching the letter of Mrs. St. John as an addendum to the September 1, 1998 Minutes of the City Council. Councilmember Dwyer seconded the motion. Ayes: 5 Nays:0 Councihnember Dwyer recognized the work of Jim Danielson on the problem located at Pond View and Waters Edge Terrace and expressed his appreciation. Councilmember Dwyer noted there was also a situation at the Mendota Plaza and he expressed his appreciation for the letter which was sent out to the property owner notifying them of this situation. ADJOURN There being no further business to come before the Council, Councihnember Huber moved to adjourn the meeting to the City Council Workshop Meeting on Monday, October 19, 1998, at 7:00 p.m. Councilmember Smith seconded the motion. ATTEST: i Charles E. Mertensotto Mayor Page No. 18 October 6, 1998 TIME OF ADJOURNMENT: 10:10 p.m. K/athleen M. Swanson City Clerk Prepared by Cheryl Wallat, Recording Secretary TimeSaver Off -Site Secretarial, Inc.