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