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1997-02-18 Council minutesPage No. 1 February 18, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 18, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, 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 7:40 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF Councilmember Smith moved approval of the amended minutes of MINUTES the regular Council meeting held on February 4, 1997. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Abstain: I Mertensotto CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items c, g h, I, k, n and o to the regular agenda and to delete item j, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Fire Department monthly report for January. b. Acknowledgment of the Treasurer's monthly report for January. c. Approval of the amended minutes of the February 1, 1997 joint City Council/Planning Commission meeting. d. Acknowledgment of the minutes of the February 11, 1997 Parks and Recreation Commission meeting. e. Acknowledgment of receipt of the minutes of the January 30, 1997 CDBG District 2 Committee meeting. Page No. 2 February 18, 1997 f, Approval of an amendment to the minutes of the January 14, 1997 joint City Council/Parks and Recreation Commission meeting. g. Acknowledgment of a memo from Fire Chief Maczko regarding the city's ISO Fire Insurance Rating. h. Acknowledgment of the 1996 Annual Report for Community Landfill Abatement Program. i. Adoption of Ordinance No. 313, "AN ORDINANCE AMENDING ORDINANCE NO. 109," as amended, to provide for the waiver of a monthly Parks and Recreation Commission meeting for sufficient cause. j. Acknowledgment of a memo from the City Clerk and authorization for the issuance of a purchase order to Copy Sales, Inc., in the amount of $16,247.00 plus sales tax for the purchase of a Mita DC 6590 copier, with the condition that responses to reference checks are positive. k. Approval of the List of Claims dated February 18, 1997 and totaling $160,014.40. 1. Approval of the list of contractor licenses dated February 18, 1997 and attached hereto. Councilmernber Smith seconded the motion. Ayes: 5 Nays: 0 DISCUSSION ON CONSENT Council considered and discussed the items which had been ITEMS removed from the revised consent calendar for the meeting. Fire Chief Maczko was present, and responded to Council questions on the Fire Department issues. Council acknowledged memos from the Fire Chief regarding donations from Dakota Bank and Koch Refining. Council also acknowledged a memo on recruitment of an Assistant Chief and two fire fighters for daytime response. There was lengthy discussion on how donations to the Fire Relief Association/Fire Department should be handled. Council directed Chief Maczko to work with the City Administrator to develop draft guidelines for Council review. Page No. 3 February 18, 1997 With respect to recruitment of an Assistant Mayor Mertensotto stated that appointment of an Assistant will not be effective until the retirement of current Assistant Chief creates a vacancy in the position. He pointed out that there can be only one Assistant Chief, and the successor will not receive Assistant Chief pay during any transition period. Chief Maczko informed Council that two firefighters are needed to bring the department to full complement. He explained that there will be contingencies on day time response, and that the new people will be required to be able to respond during the day. Chief Maczko briefly discussed Emergency Vehicle Preemption (EVP) costs to the city. Public Works Director Danielson was directed to research operating costs for EVP. Councilmember Krebsbach moved approval of the following items which had been removed from the consent calendar: g. Acknowledgment that Firefighter Dave Dreelan will attend a three -day training session in Corpus Christi Texas. h. Acknowledgment of the donation of a ventilation fan from Dakota Bank to the Fire Department via the Fire Relief Association. i. Acknowledgment of a memo from Parks Project Manager Kullander regarding Ivy Hills Park and authorization to enter into a Management Contract for 1997 with Prairie Restorations, Inc., for restoration services at Ivy Hills Park for a cost not to exceed $1,500 (to be funded by the Storm Water Utility Fund). k. Acknowledgment of the posting of the Assistant Fire Chief position which is necessary because of the forthcoming retirement of the Assistant Chief and authorization to advertise for two fire fighters. n. Adoption of Resolution No. 96 -07, "A RESOLUTION OF INTENT TOWARD JOINT COOPERATION AMONG MENDOTA HEIGHTS AND LILYDALE ON MNRRA ISSUES," along with direction to staff to invite Mendota city officials to participate in the discussions. o. Adoption of Ordinance No. 312, "AN ORDINANCE AMEND- Page No. 4 February 18, 1997 ING ORDINANCE NO. 113," to designate High Ridge Circle and Sibley Court as stop streets at their intersections with Warrior Drive. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MIDDLE SCHOOL Council acknowledged a letter from Ms. Lois Rockney, Assistant Superintendent (Business Services) for School District 197 requesting safety improvements for the middle school. Council also acknowledged an associated report from the Public Works Director. Ms. Rockney was present for the discussion. Ms. Rockney explained that the requests are for a reduced speed school zone along Mendota Heights Road, construction of sidewalks on the north side of Mendota Heights Road, from Dodd to Delaware, and ten additional crosswalks. Mayor Mertensotto stated that there is a statutory provision for school speed zones, which he believed set the speed limit at 20 miles i per hour. He informed Ms. Rockney that Council will direct staff to make application to the Commissioner of Highways to establish a school speed zone. He stated that sidewalk construction would cost about $100,000, and that staff can be directed to determine if the construction would be eligible for MSA funding. He informed Ms. Rockney that there was considerable opposition from abutting property owners when the sidewalk was installed at Dodd and Mendota Heights Road and there will likely be opposition to the school district's request. He stated that Council could direct staff to notify the owners of property abutting Mendota Heights Road and conduct an informational meeting. He informed Ms. Rockney that a wetlands permit would be required since the sidewalk would be within 100 feet of a wetlands. Councilmember Smith stated that children's safety is a concern of Council as well as parents, but that the children coming to the school would be in middle school, which means they would be from ten to fourteen years old. She stated that the city certainly needs to work on the speed limit and needs to make sure that appropriate intersections and crosswalks are designated to make sure children can safely cross streets, but that ten year old children should know how to cross streets safely. She also pointed out that there is a trail that runs the full length of Mendota Heights Road already on one side of the street, and that the district's request included maintaining the trail. She felt that the city should make a more concentrated Page No. 5 February 18, 1997 effort to make sure the sidewalks are safe for the students to walk, and if city sidewalks were to be added on the north maintenance would be more costly. Ms. Billie Slater, 2464 Pond Circle, stated that her children have to cross streets twice to and from school, once where the school zone area will be. She did not feel that optimum safety will be provided for the children, because the speed limit on Mendota Heights Road is 35 miles per hour. With respect to the sidewalk, she stated that she is concerned that something be done so that it is safe for her children to walk to school. Mayor Mertensotto responded that Council will make a request to the Commissioner of Highways for the school zone and could couple that request with a request to reduce the speed to 30 miles per hour for the remainder of Mendota Heights Road from Dodd Road east. Councilmember Smith agreed, stating that perhaps now is the time to again request the state to reduce the speed limit on Mendota Heights Road to 30 mph from Dodd to Delaware. She felt that the speed limit reduction would go a long way towards improving safety conditions. Responding to a question from Councilmember Huber regarding school patrols, Ms. Rockney stated that school patrols are currently only used at the Moreland School. She stated that there has been no discussion about safety patrols at the middle school, but that it would be possible to use sixth graders for safety patrol. Ms. Rockney responded to Council questions regarding the proposed crosswalk at Hampshire Drive. She stated that the school district wants to make conditions as safe as possible for the students who will be crossing Huber to get to the ballfields. She explained that there will be a path on the school property along Mendota Heights Road from Huber Drive, and the district will be building sidewalks on its property. Mayor Mertensotto suggested that the city use MSA funds to assist the school district in building the sidewalks, and perhaps the school district could help with the crosswalks. Councilmember Krebsbach suggested that the district might want to add a trail on the west side of Huber if the city saves the school district money by using MSA funds. Page No. 6 February 18, 1997 Mayor Mertensotto informed Ms. Rockney that the city will contact the Commissioner of Highways regarding the school zone, and will couple that request with a request for a 30 mile per hour speed limit on Mendota Heights from Dodd to Delaware. He further stated that the city will contact the MSA division regarding participation in the cost of the sidewalk on the school district property on the north side of Mendota Heights road. Public Works Director Danielson stated that the city would have to put together a state aid project, including preparation of the full set of plans and bidding/contract procedure. He further stated that state aid will cover the cost of crosswalks. Ms. Rockney responded that if the city does the project, the school district can issue a change order to remove the sidewalk construction from its construction contract. Mayor Mertensotto stated that if for the first year the crosswalks are marked, and if the speed limit reduction and speed zone are approved, and a problem can be demonstrated, Council can make a determination on the sidewalk request. Councilmember Smith suggested that the school district look at other areas where there should be crosswalks as well as those that have been proposed. She stated that children will be more at risk on the side streets than they will be on Mendota Heights Road. CASE NO. 96-16, BECKMANN Council acknowledged a memo and proposed resolution of denial with respect to the Beckmann antenna tower variance application. Mayor Mertensotto excused himself from participation in consideration of the Beckmann matter. Councilmember Smith informed the audience that at the last Council meeting, Council expressed its intent to deny the height variance application for a free standing tower and radio antenna and directed staff to prepare a resolution presenting findings of fact for Council discussion this evening. Council discussed draft resolution and found that it was consistent with the testimony with the exception of paragraph 13, which was deleted. Councilmember Krebsbach moved adoption of Resolution No. 97- 08, "RESOLUTION DENYING REQUEST FOR A HEIGHT VARIANCE OF SEVENTEEN FEET TO CONSTRUCT A Page No. 7 February 18, 1997 FREESTANDING RADIO ANTENNA TOWER IN A R -1 RESIDENTIAL DISTRICT." Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 DAKOTA BANK Council acknowledged a memo from Public Works Director Danielson relative to a request from Dakota Bank for authorization for issuance of a building permit for its new facility to be located at T.H. 110 and Lexington Avenue, and a request for the vacation of unused city right -of -way. Council also acknowledged a copy of the "Site Plan and Development Agreement," for the project, site plans, landscape plan and building elevations. Mr. John Seidl, Dakota Bank President, and Mr. Jack Boarman, project architect, were present for the discussion. Mr. Boarman reviewed the plans and showed Council samples of the exterior building materials. He informed Council that the fmal site plan does not require any variances. He explained that when he was last before Council, the bank was proposing a one story building with a 1 V2 story atrium, but now proposes a two story 18,700 square foot structure with a little over 9,000 square feet on each floor. He stated that one driveway has been eliminated so that a low monument -type sign could be installed in front of the building. He explained that the sign would be ground lit at night and no variance is required. Responding to a question from Mayor Mertensotto regarding the visibility of roof top mechanical units, Mr. Boarman responded that the units will not be visible. He stated that the heating and air conditioning has not been designed yet, but they will either be fully screened by the parapet or they will be set back 20 to 30 feet from the edge of the roof, but in any event rooftop screening will totally screen the units. He also stated that the mechanical units will not be higher than the screening that will be between the bank and the neighborhood to the south. Mayor Mertensotto stated that Council must be concerned about the residential area to the south. He pointed out that Council has told the residents that the residential decor of City Hall would carry over to this corner, and if a two story building without a residential style roof is approved and it has visible rooftop units, the residents will be upset. Mr. Boarman responded that the bank wants to provide a high quality building that has no obtrusive elements and does not want Page No. 8 February 18, 1997 something on the roof to detract from the entry rotunda area. He stated that the original design had a section of the building that was at least two stories high. He explained that one reason why the exterior design is for brick on the first floor and metal and glass on the second is to soften the look of the building. He stated that he is trying to use different means to take a commercial building and give it a residential look. Responding to a question about development of the residential lots, Mr. Boarman stated that the original agreement between the bank, SuperAmerica and the city was that everything on the site plan would be constructed and completed before the lots develop, and that is still the plan. He explained that the lots will not be opened for development until the bank and SuperAmerica sites are developed, and the trees and wall will not be disturbed until all of the development is completed. He informed Council that the bank hopes to occupy the building by Christmas. Councilmember Krebsbach asked that as many trees be saved as possible when the residential lots develop. She stated that she does not want to see blanket removal of trees. Mr. Boarman responded that the bank does not want to take out any of trees that do not need to be removed to develop a lot. Mr. Boarman reviewed the retaining wall (monument) sign. He explained that about 31/2 to four feet of wall will be seen from the front, and from the back it is about two feet high. The wall will be about 30 feet wide. He stated that it is his understanding that no variance is required because it is really letters on a retaining wall rather than a sign, and it will be 30 feet from the property line. He explained that the bank will apply for separate permits for the building and the signage. Mr. Seidl informed Council that there will also be a drive -up ATM. Mr. Boarman reviewed the building concept and materials, stating that the brick color is nearly identical to City Hall, and the stone will either be Kasota stone or tinted rock face masonry, or a combination of those materials. He explained that dark brick in a band at seven feet will create a belt course around the building. He stated that the bank wants to make it clear that it is still in budget discussions regarding the stone, which costs about four times more than masonry. He explained that the working drawings for the project are not yet completed, so the projected cost is not yet clear. He stated Ayes: 5 Nays: 0 Page No. 9 February 18, 1997 that the rock face material looks very nice and he has used it very successfully on other structures. Councilmember Krebsbach stated that she would like the retaining wall to be consistent with prior representations. Mr. Boarman stated that the first eight inches of the building wall may be stone and the rest rock face, and if that works, perhaps stone could be used on the retaining wall. Councilmember Smith felt that perhaps there are too many elements in the design (the different color bricks, copper, etc.), and questioned the need for the black brick. Mr. Boarman stated that he is asking for approval of the masonry tinted rock face units, and if the bank can fit the stone into its budget, it will use stone. He stated that he would recommend that the signage wall be committed for stone. He explained that the current bid includes rock face block, and that Kasota Stone is an alternate if it fits the budget. Mr. Seidl informed Council that the bank will go with the look versus cost. Mayor Mertensotto suggested that Council should approve the use of the stone and give the bank the option to come back if stone is totally out of line with its budget. He stated that it is the stone that gives the structure class. He agreed with Councilmember Smith that the black brick is superfluous. Mr. Boarman stated that he will commit to pursue the building design with stone, reserving the right to come back to request masonry units if stone is not possible. Councilmember Krebsbach moved to authorize the issuance of a building permit for Dakota Bank, subject to review and approval of the plans by the code enforcement department, consistent with the applicant's representations and the documents and materials on file with the city. Councilmember Huber seconded the motion. Mayor Mertensotto stated that the bank reserves the right to come back if the cost of stone is totally out of reach. Page No. 10 February 18, 1997 CELL TOWER ORDINANCE Council acknowledged a memo from Administrator Batchelder regarding scheduling a joint workshop with the Planning Commission for consideration of cellular tower/antenna regulations. It was the consensus of Council to conduct the workshop on Saturday, April 19 from 8:00 a.m. to Noon. COUNCIL COMMENTS Mayor Mertensotto stated that SuperAmerica has changed the intensity of the lights under the canopy at the T.H. 55 facility, but that the lights will still need to be baffled if the existing light standards continue to be used. Councilmember Smith informed Council on a telephone conversation she had with a MAC staff member on the noise complaint line, wherein she was told that the 55120 zip code is fair game for air noise. She asked that staff communicate to the MAC that this attitude exists and is a concern for Council. Administrator Batchelder was directed to work with Councilmember Smith to structure a letter to MAC Chair Sandy Grieve and members of the MAC, alerting them of the cavalier attitude that exists with respect to air noise ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adj ourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:55 o'clock P.M. Even •W 123 Charles E. Mertensotto Mayor K thleen M. Swanson, City Clerk