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1997-06-17 Council minutesPage No. 1 June 17, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 17, 1997 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 Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the June 3, 1997 regular meeting as amended. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Abstain: Smith CONSENT CALENDAR Councihmember Koch moved approval of the consent calendar for the meeting, revised to move items e, Northwest Airlines Stage III compliance, g, old Fire Station site fencing, and n, GNB, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Fire Department monthly report for May. b. Acknowledgment of the Treasurer's monthly report for May. c. Acknowledgment of the minutes of the June 10, 1997 Parks and Recreation Commission meeting. d. Acknowledgment of information regarding the NOISE annual Compliance. e. Authorization to enter into an agreement with the Rosemount Fire Department for the use of its Fire Safe House during the Fire Page No. 2 June 17, 1997 Department open house, along with authorization for its execution by the Mayor. f. Adoption of Resolution No. 97 -28, "A RESOLUTION AUTHORIZING CITY APPROVAL OF MN/DOT AGREEMENT NO. 76092," (Dodd Road/T.H. 110 intersection improvements.). g. Approval to award a contract to Perfect Surface Company to resurface the tennis court in Marie Park for its low quote of $2,880. h. Approval of the permanent appointment of police officers John Larrive, Michael Thompson and Bobby Lambert, effective July 4, 1997. i. Authorization to issue purchase orders for improvements to the lower level City Hall expansion area in accordance with the recommendation in Guy Kullander's memo dated June 12, 1997. j. Authorization for city participation in co- sponsoring the Fourth of July fireworks with Mendakota Country Club. k. Authorization for the Mayor to execute the Contract for Private Development between the city and APT Mendota Heights, Inc., relative to TIF participation in demolition and site correction on the George's Golf Range site. 1. Approval of the list of contractor licenses dated June 17, 1997 and attached hereto. m. Approval of the List of Claims dated June 17, 1997 and totaling $718,516.81. n. Acceptance of the resignation of Recreation Programmer Chris Esser and authorization for staff to begin advertising and recruiting for the position. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 NORTHWEST AIRLINES Council acknowledged a memo from Administrator Batchelder regarding Northwest Airlines Stage III compliance, along with informational materials from Northwest. Page No. 3 June 17, 1997 Councilmember Krebsbach stated that she would like to have the information about the fleet that flies in and out of MSP. Councilmember Smith responded that Northwest has agreed that they will not fly fewer Stage III planes from MSP than they do at any other airport, so there are no fewer Stage III planes at MSP than the percentage of Stage III planes in the entire Northwest fleet. She pointed out that it must be kept in mind that the Northwest percentage may not be representative of what comes in and out of this airport because some of the other providers do not have as many Stage III planes as Northwest. FIRE HALL SITE Council acknowledged a memo from Engineering Technician Guy Kullander regarding installation of a privacy fence at the old Fire Hall site. Mayor Mertensotto stated that a variance is apparently needed if the city wants to construct a six foot fence from the front of the existing commercial building to the rear property line in order to provide adequate screening for the residential properties. He asked how much of the fence would be at the three foot height before the six foot height starts. He pointed out that one of the purposes of the fence is to screen the commercial building and the items that are stored there. Administrator Batchelder responded that what is proposed is a three foot fence from the right -of -way line to ten feet easterly, where the fence lines up with the front of the building on the adjacent property. Councilmember Smith pointed out that the purpose of restricting front yard fence heights to three feet is to maintain visibility, and if the adjacent building is located within the thirty foot front yard setback, the fence would not impact visibility. Mayor Mertensotto stated that he feels the variance is appropriate, and that Council promised the neighbors that something would be done as soon as possible. He felt that Council should approve waiver of Planning Commission review and approve the variance with the condition that the six foot fence start at the building line and go to the back property line. Councilmember Krebsbach moved to waive Planning Commission review and to approve a variance to allow a six foot high fence from Page No. 4 June 17, 1997 the front of the commercial building adjacent to the city property along the side property line to the rear property line. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 GNB Council acknowledged a memo from Assistant Hollister a request from GNB for approval of a building permit to construction an attachment to the existing garage structure at GNB to house an emergency power generator. Mr. Lynn Sloat, project architect, was present for the discussion. Mayor Mertensotto informed Mr. Sloat that the request had been removed from the consent calendar because Council is concerned that the color of the proposed addition blend in with the rest of the building. Mr. Sloat responded that the exterior will be pre - finished coated siding that will be painted to match the exterior of the existing structure. Councilmember Huber moved to approve a building permit to allow 1 construction of an enclosure addition at GNB with the condition that the exterior color of the addition be consistent with the color of the GNB building. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 FIRE DEPARTMENT Council acknowledged memo from Administrator Batchelder regarding a request from the Fire Relief Association for a temporary 3.2 malt beverage license to allow the sale of beer at the Fire Department's 50th Anniversary celebration. Council also acknowledged a letter from the Anniversary Committee and information regarding dram shop insurance coverage. Several members of the Fire Department were present for the discussion. Anniversary Committee Co -Chair Ken Weisenburger informed Council on the activities that will be held as part of the August 16 celebration. He explained that the Relief Association is requesting a one day 3.2 license to allow sale of beer from a tent concession stand next to the Mendakota Park concession stand. He reviewed the safeguards that will be taken to prevent sales to minors and to control the consumption of alcohol. He stated that people will not be Page No. 5 June 17, 1997 allowed to bring coolers into the park or fields so they cannot bring their own beer. Mayor Mertensotto stated that the request is to approve the license for the hours of 11:00 a.m. to 9:30 p.m., but the insurance application is from 8:00 a.m. to 8:00 p.m. He cautioned the firemen to be very careful that the hours of sale are consistent with the application that was made to the insurance carrier. He stated that Council will approve the license to 8:00 p.m., and if the insurance company amends the coverage to 8:30 that will be acceptable to Council. He pointed out that the city has liability up to $600,000 but the insurance is up to $500,000, so the fire department must be very careful at monitoring alcohol consumption. Responding to a question from Council, Recreation Programmer Esser stated that the last softball game will start at 7:30. Councilmember Smith stated that Council's approval should be consistent with whatever the insurance coverage is, but not to exceed 11:00 a.m. to 9:30 p.m. Councilmember Huber moved to approve the issuance of a 3.2 on- ( ) sale malt beverage license to the Fire Relief Association in conjunction with its 50th Anniversary Celebration to be held on August 16, 1997 at Mendakota Park, to allow the sale of 3.2 beer between the hours of 11:00 a.m. to 9:30 p.m., with the condition that the hours of the license will not exceed the hours of the insurance coverage. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Fire Chief Maczko showed Council and the audience an enlarged photograph of a print by artist Jim Killen which has been created to commemorate the anniversary. He informed Council that the proceeds from the sale of prints will help support the event. Mayor Mertensotto expressed appreciation to Recreation Programmer Esser for the service he has given to the city. VISITATION SCHOOL Council acknowledged a memo from Assistant Hollister relative to a request from Visitation School for approval to construct six tennis courts on the campus and for revisions to the existing school parking lot. Council also acknowledged receipt of a letter and plans from Visitation. Sister Mary Denise Malone, Architect Gary Ostberg and Page No. 6 June 17, 1997 Mr. Greg Kopischke, from Westwood Professional Services, were present for the discussion. Mr. Ostberg explained that the representatives of Visitation are present to discuss not only the current request but also future plans for the campus. He stated that there is a real need for athletic facilities at the school, and a strategy has been developed over a number of years for a new Athletic Facility and Early Childhood Center. He explained that there are currently four tennis courts at the site which will be relocated to provide room for the future facilities. He informed Council that the first phase of development on the campus will be the construction of six tennis courts and parking lot revisions this summer. He explained that Visitation is going through a capitol campaign now and will hopefully be able to build the athletic facility and new childhood center in two years. He stated that there is no intent to enlarge the student body, but rather that the athletic facility and tennis courts are needed by the existing students. He reviewed new us routing and vehicle circulation to the early childhood center. Responding to a Council question, Mr. Ostberg stated that the tennis courts will not have lighting and that he is still working on the site lighting plan. He explained that lighting will be contained on the premises. Mayor Mertensotto stated that a copy of the lighting plan should be submitted to the city when it is completed. Councilmember Krebsbach, speaking as a parent of former Visitation students, that the school does need a gym. She also expressed appreciation for the school's sensitivity to the neighbors. She stated that the plan indicates that there will be additional landscaping to provide screening to the residential properties. Councilmember Huber stated that Visitation has been a good neighbor over the years, letting the community use its tennis courts. He felt that the development proposal is a great plan and that Visitation is an asset to the community. Councilmember Smith expressed appreciation to Visitation for presenting the plans for the future development at this time. Mr. Ostberg informed Council that Visitation must go through planning for wetlands permits for two additional tennis courts that are proposed to be developed adjacent to the six that are currently Page No. 7 June 17, 1997 being requested and that he hopes to be back before Council for wetlands approval in August. Mayor Mertensotto stated that Council will give Visitation concept approval so that Visitation's representatives know they can proceed with their plans. He informed the Visitation representatives that Council will be concerned that plans for future building include finishing the buildings on all four sides. Councilmember Krebsbach stated that she would also like to note that the plans will not impact an increase in traffic on Mendota Heights Road and that this is a facility for the existing student body and is in keeping with the direction that the City Council is taking. Councilmember Huber moved to grant concept approval to Visitation School's building program as submitted and to authorize issuance of a building permit for six new tennis courts and approval for 29 additional parking spaces and reconfiguration of the access to the parking lot. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 FREEWAY ROAD Council acknowledged a report from Administrator Batchelder and Public Works Director Danielson regarding progress on the Freeway Road study. Administrator Batchelder summarized the report and the history of the Freeway Road study. He informed Council that Mendota Plaza owner Ed Paster is present to ask Council for a decision on his request that Council authorize Mn/DOT to release its right -of -way (Parcel 36) adjacent to the shopping center so that he can pursue development of the parcel. Mayor Mertensotto reviewed the issues that still need to be resolved. He stated that the city and Mn/DOT are going to make improvements at the Dodd/T.H. 110 intersection, which will include an improved pedestrian/bike path. He stated that the other issues that needs to be addressed is whether Mr. Paster has an overall concept design for the shopping center, including a restaurant. He informed Council that he is not prepared this evening to say that he would consider shifting MSA designation from South Plaza Drive to Freeway Road. Page No. 8 June 17, 1997 Councilmember Krebsbach stated that she thinks that Council would want the state to participate in South Plaza Drive improvements because it will carry considerable traffic. Public Works Director Danielson stated that streets can be designated and undesignated for MSA at the city's request as long as the streets meet the guidelines for MSA designation. He further stated that he suggested in his memo that Council consider dropping the concept of carrying South Plaza Drive over T.H. 110 at some future time, which is what the MSA designation was requested for. Mayor Mertensotto responded that he is concerned over the ultimate development of the city and if something is to be done that will resemble a commercial hub, the only way the northeast quadrant of the intersection can be incorporated into that hub is to bring a crossing over T.H. 110. He stated that when it goes through the Comprehensive Plan update process, Council should seriously look at what it envisions for the northeast area. Councilmember Krebsbach stated that she does not want to see the issue set off much longer. She stated that the question is whether an overpass would enhance the south part of the intersection. Mayor Mertensotto stated that if Council wants the 12 acres on the north side of the intersection to be an extension of the development on the south, there must be some continuity in the development other than the existing intersection, which would mean the realignment of existing South Plaza Drive over T.H. 110. Councilmember Smith stated that it is not clear to her that carrying South Plaza over the highway is the solution, and that is one of the things that Council must determine. She questioned Mn/DOT projections for traffic on T.H. 110 and Dodd, stating that it appears that Mn/DOT anticipates that the traffic will double. She felt that the projections are excessive. Mayor Mertensotto pointed out that dropping the MSA designation for South Plaza locks in what can happen. Councilmember Krebsbach responded that if the designation is not shifted to Freeway Road, the city would have to pay for Freeway Road and South Plaza Drive improvements. Page No. 9 June 17, 1997 Responding to a question, Public Works Director Danielson stated that requests for changes in designation must be submitted to Mn/DOT each March. Councilmember Krebsbach stated that the source of funding is important and if the MSA designation is shifted to Freeway Road, that improvement would be funded — if not, it would not be funded. Mayor Mertensotto felt that it would be short- sighted to give up the option of a bridge at South Plaza. Councilmember Krebsbach stated that if an overpass was constructed at South Plaza and the existing intersection at Dodd and T.H. 110 was eliminated, there would be a traffic stop at Delaware and at I- 35E with nothing in between, which would speed up traffic. She was not sure that Mr. Paster would want a connection to the north along South Plaza, and that a bridge over the highway would mean realignment of Dodd Road and changing access to the neighborhoods and would create a dead end at the Fina store and another at the Standard station. She also pointed out that if the existing intersection is removed, all of the traffic would be shifted to the east. Councilmember Smith stated that those are all issues that council needs to discuss with respect to the development of the intersection. She stated that she would like to know more about Mn/DOT's criteria for the different types of roads. She pointed out that Mn/DOT is projecting increases in the level of traffic on Dodd yet it still says they are considering Dodd a minor arterial. Councilmember Krebsbach stated that upgrading Freeway Road using MSA funds shifted from South Plaza makes good sense. Public Works Director Danielson informed Council that the problem constructing a bridge over T.H. 110 is that the bridge would have to be as high as the mound of dirt on the north side of the highway and that would take away a great deal of the undeveloped parcel on the north. Councilmember Smith stated that one thing Council needs to do is to look at the actual traffic movements at the intersection itself. She felt that much of the traffic is turning movements and it is not clear that an overpass would help the situation. Mayor Mertensotto asked why Council should not look at relocating an at -grade intersection. Page No. 10 June 17, 1997 Councilmember Smith responded that everything hinges on what is possible north of the intersection and that Council must consider that aspect first. Mayor Mertensotto pointed out that Council is just speculating and has not had any concept plans for years. He felt that someone must look at what kind of development should occur on the north. He did not feel that housing development would be the appropriate use of the undeveloped property, but rather that commercial use on both sides of the highway would be more appropriate. Councilmember Huber stated that his recollection is that at the joint workshop with the Planning Commission, it was felt that an overpass would eat up way too much of the undeveloped property. Councilmember Koch stated that if the intersection were moved, there would be a stop at Delaware and almost immediately another stop at a relocated Dodd/110 intersection. Mayor Mertensotto stated that Council needs Mr. Paster to work with the Council so that it has some idea of what Mr. Paster envisions as the future for the shopping center and how the south side could blend in with what is done with the 12 acres of undeveloped land on the north of the intersection. Mr. Paster responded that the intersection issue has been under study for years and that he came to Council last fall for permission to acquire Parcel 36 from Mn/DOT. He stated that at that time he was told he would have an answer soon. He informed Council that the Mendota Plaza is already built and is struggling. He stated that the Old America store is closing and relocating to West St. Paul this summer and he needs to keep moving forward on Parcel 36 right now. He stated that regardless of whether a decision is made on the north side, he must continue to build an umbrella of retail activity to bring people into the center. He informed Council that the retail business is a delicate balance that is affected by other businesses in the area, by traffic circulation, etc., and if stores are not performing up to expectations and they are owned by public corporations, they are closed. He stated that he needs to have the Dodd/110 intersection remain open and that he feels that an overpass would have a very detrimental affect on the shopping center. He informed Council that his vision is to improve and expand the shopping center, and if an overpass goes in or not he still needs to have access from T.H. 110 and Dodd. Page No. 11 June 17, 1997 Mayor Mertensotto stated that Council could possibly have to look at an at -grade intersection to replace the existing intersection. He asked how that would fit in with future expansion of the Plaza. Mr. Paster responded that he would have to see the plans, but an alternate access to the Plaza to the east could work. He felt that the strength that will come to the corner will be through a greater retail umbrella, and if Council allows him to purchase Parcel 36 that will help him to bring additional retail activity to the center. He informed Council that he needs its help to acquire the property next to his so that he can find additional tenants and services to serve the community. Councilmember Smith stated that she does not think Parcel 36 would be impacted by a realigned intersection or overpass. Public Works Director Danielson responded that the city has looked at reserving a portion of land at the T.H. 110 side of Parcel 36 for right -of -way. Mayor Mertensotto asked Mr. Paster how soon he will be ready to proceed. He stated that as soon as Council allows the release of j Parcel 36, others will make similar requests for the unused right -of- way on the north. Mr. Paster responded that he has been meetings with prospective tenants for that site for the past six months. He asked if Council has any idea when he could take title to the property. Mayor Mertensotto stated that he understands that Mr. Paster is trying to expand retail activity to make his center grow and is therefore asking Council to release the right -of -way so that Mn/DOT can sell it to him. He explained that the problem is that Council cannot treat the south side of the right -of -way differently from the north side and Council does not know what the north side can be used for at this time. Councilmember Krebsbach stated that she would like to see that Freeway Road be realigned behind the veterinary clinic and come parallel to T.H. 110 with an s -curve to create a larger developable parcel. She did not see the undeveloped land developing as retail, pointing out that the area north of T.H. 110 is a different community and that T.H. 110 is a significant separation between the north and south sides of the intersection. Page No. 12 June 17, 1997 Mr. Paster stated that the commercial on the north side of the intersection is nominal and if Council would allow it, the commercial on the south and the retail development will continue. He stated that he needs Council's help so that he can bring tenants to the center, and now that the center has been improved he needs to continue to bring in other tenants. He stated that he cannot worry about the north side of the intersection and does not see it developing as retail but that he is worried about the south side. He further stated that Mn/DOT will allow him to move forward if Council does. Mayor Mertensotto responded that residential development on the north would not enhance or assist the shopping center. Mr. Paster responded that for retail to grow, everything that is done is a series of building blocks building on each other and that does not happen with a regional shopping center first and everything growing around it. He reiterated that he needs Council's help in order to add building blocks with Parcel 36. Councilmember Koch stated that she thinks Council is looking at the whole picture and can either approve Mr. Paster's request or not. She did not think that approving the request will detract from what is done to the north. She further stated that she does not see an at- grade intersection would interfere with development of Parcel 36. Mayor Mertensotto stated asked Mr. Paster if he can work on his development potential for Lot 36 and return to Council as soon as the plan is developed if Council does not make a decision on his request this evening. Mr. Paster responded that he cannot. He stated that he is working on development now and the retailers he is working with have many people pressuring them. He explained that they will not work with him unless he has control of the property and he does not have control because Council can choose to either approve or deny his request. He stated that once a retailer makes a commitment to him, he has to prove he has control of the site by a contract or purchase agreement. Mayor Mertensotto stated that the senior housing facility should help the shopping center. He informed Mr. Paster that now that a consultant has been selected to prepare the comprehensive plan update Council can accelerate the process in order to give him a definitive answer. He further stated that perhaps there is something Page No. 13 June 17, 1997 that can be done on the north side that will enhance the shopping center. Mr. Paster responded that he does not feel that agreeing to release the property will interfere with planning for the north side. He stated that if he does not own the parcel he will have no credibility with the retailers he is dealing with, and he needs Council's help to bring additional retail to the center. Councilmember Smith asked about the area behind the center, noting that Mr. Paster had been talking about making it another building front. Mr. Paster responded that the city was only going to allow signage for the dentist and Snyder's. Councilmember Krebsbach asked Mr. Paster how he feels about South Plaza Drive becoming an s -curve behind the center and an at- grade intersection at the highway. Mr. Paster responded that he is not an engineer so is not qualified to answer, but that a good number of his customers are impulse oriented — stopping because they see the shopping center and the main sign from the highway. Mayor Mertensotto stated that Council could delay a decision until the second meeting in July but that he does not think Council can meet with Mr. Paster and come to conclusions about the intersection and the north side development by that time. Councilmember Huber stated that the release of Parcel 36 creates a domino affect on the north and Council needs to be ready to make a decision on the entire area first. Mr. Paster responded that Old America is going to Robert Street — in another retail area. He further stated that additional retail in the Mendota Plaza will increase the traffic to the center and if there is no additional retail the center will not grow. He stated that he has not increase the retail in the center and retailers want to be where there is retail activity. He pointed out that while Council is expert at planning and government issues, he is an expert on shopping centers and retailers, and retailers follow what the others do. He stated that all retailers want to know who the anchor tenants of a shopping center are — Old America wanted to know who was an anchor and who would be coming. He explained that Old America left because Page No. 14 June 17, 1997 he could not tell them, and now he needs to find another tenant to take the 20,000 square feet that will be vacant. He stated that he needs the additional land so he can expand the center, and he needs Council to release the right -of -way so he can buy it. Mayor Mertensotto asked what response Council would have to Mn/DOT if Council was asked why the city needs the northern right - of -way if there is not going to be a ring road. Mr. Paster responded that the city will have an easement over part of Parcel 36 so a ring road can be constructed. Councilmember Koch agreed, and asked why Council cannot tell Mn/DOT that Council is considering its options and has an idea of what will be done but the city does not need Parcel 36. Mayor Mertensotto suggested that Mr. Paster go ahead and work on developing the parcel just as if he owned it. Mr. Paster responded that he could do that if Council told him that it would have an answer for him in 30 days. He asked what Council wants on the north side and how much the northern right -of -way would cost. Mayor Mertensotto responded that Mn/DOT controls the property so Council could not answer that question. Mr. Paster suggested that there are 12 acres of land controlled by the state and Council wants a development that will fit into city plans. He suggested that Council name Paster Enterprises as the designated developer and he will develop the site according to the city's plans. Councilmember Huber responded that Council cannot make that decision this evening but could explore it. Councilmember Smith stated that she would like Council to speak to several developers who could express their ideas for development so that Council can make a reasoned decision on what is good for the community. Mayor Mertensotto stated that Council would also like Mr. Paster's input and asked for his ideas on what he thinks should happen on the north property. Page No. 15 June 17, 1997 Councilmember Smith suggested that Council set up meetings with potential developers and the city planner. She stated that staff can make the contacts and coordinate the process, which should begin soon. She further stated that she thinks that the issue is separate from the comprehensive plan update and would fall within the more normal duties of the city planner. Administrator Batchelder stated that he feels it appears that there will be a realignment of Freeway Road, and if the city is interested in actively looking at development of the northern right -of -way, that means the city is not prepared to release that right -of -way should there be a request for release. Mayor Mertensotto stated that it is clear that the realignment of the intersection would not interfere with the development of Parcel 36. Councilmember Smith stated that one of the things that Council should consider is to look at the area right around South Plaza Drive to see if additional right of way is needed close to South Plaza. Councilmember Krebsbach stated that timing is important to Mr. Paster and if acquiring Parcel 36 helps him, Council could 1 accommodate him. Councilmember Huber agreed that ultimately Council will probably release Parcel 36. NSP FRANCHISE Council acknowledged a memo from Public Works Director Danielson regarding renewal of gas and electric franchise agreements with NSP. Discussion on the matter was tabled to July 15. ROSEVILLE PROPERTIES/ Council acknowledged a memo from Assistant Hollister relative CENTRE POINTE to a request from Roseville Properties for authorization for issuance of a building permit for an office building on an eight acre parcel of land located off Centre Pointe Boulevard. Council also acknowledged a letter of intent, site plan, landscape plan, grading and utility plan and exterior elevations for the proposed structure. Mr. Hugh Cullen, from Roseville Properties, Mr. Glenn Lampert, project architect, and Mr. Tom Ryan, construction contractor, were present for the discussion. Mr. Cullen explained that the proposed 42,300 square foot office building is the second phase of the Centre Pointe office project. He informed Council that the building will be very similar to the Gopher `_ State building immediately to the south. It is his intent to continue Page No. 16 June 17, 1997 with the third phase of the development this year, with more phases next year. He informed Council that Roseville Properties is a very conservative developer who seeks quality tenants before seeking building permits and future development to the west will also be driven by an office use. Mr. Cullen stated that he is only appearing before Council today to seek approval for the 42,000 square foot building and has already signed a letter of intent with two prospective tenants for 17,000 square feet of the structure for occupancy in October. Mr. Lampert reviewed site plans and elevations for the building. Responding to a question from Councilmember Krebsbach, he stated that the heating elements will be in the center of the building so that they cannot be seen. Mr. Cullin stated that he views this as a "Waters" quality development which will be purely office -only property. He informed Council that the proposed structure is a one - story, slab on grade construction with no potential for a second story. Mayor Mertensotto stated that it is very important to fmish the structure on all four sides and that Council does not want office- warehouse facilities in the development. Mr. Cullin responded that he will commit to brick all around the building, the same as the Gopher State brick. Councilmember Krebsbach stated that Council does wants to keep office /warehouse and office /flex in the industrial park and not along T.H. 110. She further stated that the Gopher State building has enhanced the Centre Pointe development. Councilmember Smith stated that she wants to make sure that drainage is addressed and that on site drainage is adequate. Mr. Ryan responded that he has designed the building with interior downspouts and that the drainage plans, which were prepared by professional engineers, have been submitted to city engineering. He explained that all of the site drainage will be controlled within the parking lot. He briefly reviewed parking, stating that 23 of the required spaces are shown as proof of parking, because he would prefer not to put in more blacktop than is needed. Councilmember Smith moved approval of the issuance of a building permit to Roseville Properties for the proposed office building, Page No. 17 June 17, 1997 conditioned that the certificate of occupancy will be withheld until the drainage plan has been reviewed and approved by city engineering and further conditioned that all four sides of the building be completed with brick similar to that used on the Gopher state building, that the number of parking stalls required by the Zoning Ordinance will be provided and that the entrance to the parking lot will be constructed in accordance with the submitted plan. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 IVY FALLS LAND DONATION Council acknowledged a letter from the Ivy Hill Townhouse Association offering to donate Lot F of the Ivy Hills Addition to the city. Council also acknowledged an associated memo from Assistant Hollister. Mr. Ralph Oyen was present on behalf of the Association. Mr. Oyen informed Council that the Association has been trying to donate the land to the city for quite a while and came before the Parks and Recreation Commission about a month ago to discuss the offer. Mayor Mertensotto stated that if the parcel is accepted as park land dedication and put into the park system it would be dedicated for park purposes only and can only be used for park purposes. Mr. Oyen responded that the original intent for the parcel when the land was platted was that it be used for recreation purposes. Mayor Mertensotto asked if the city would have a problem about maintenance if the parcel were accepted for passive open space and was not placed in the park system. Administrator Batchelder responded that the parcel is a turfed area adjacent to Ivy Falls park and would have to be mowed weekly. Councilmember Smith stated that one of her concerns is that the Parks and Recreation Commission discussed the possibility of soccer fields on the parcel in the future. She asked if the Ivy Hill townhouse community would object to a more active use of the parcel, such as soccer and whether people have considered the possibility that if the land comes into the park system it could be used for a more active use. Mr. Oyen responded that in the past there was some minor comment from two or three people, but since that time there has been no Page No. 18 June 17, 1997 feedback from anyone. He stated that the townhouse area is surrounded by park facilities now and the use is limited except for the playground and ball diamond. He stated that use of the parcel for recreation fits in with the community. Councilmember Huber pointed out that it would be difficult to develop a soccer field on the site but that it could perhaps be used as a casual practice area. Mayor Mertensotto stated that the letter from the association states that the property is currently being used as an extension of the park, and if that is the case Council should take the property into the park system with the understanding that there is no commitment that it will ever be developed. Administrator Batchelder stated that there are four townhouse associations in the area, and that the Ivy Hill Townhouse Association is the original association and it controls Lot F. He further stated that the units that are adjacent to Lot F are in a different association, and the Parks and Recreation Commission was concerned about whether those people would object to an active use of the parcel. Councilmember Krebsbach felt that there should be public input or a public hearing. Mr. Oyen responded that the Ivy Hill Townhouse Association notified all of the associations and received no feedback. He explained that the association put out both telephone and written inquiries to the other associations, which all hold regular meetings, beginning in the mid- 1980's with no response. The last inquiry was sent last year and again no response was received. He stated that originally there was feedback from one of the associations that some people thought the city could put apartments on the site, but once they were informed that the property was dedicated for park purposes they were not concerned. Mayor Mertensotto stated that if the city accepts the parcel for park purposes, it will remain park property. Responding to Councilmember Krebsbach's concern that a hearing be held, he stated that a hearing is not necessary if the Ivy Hill Townhouse Association has control of the property and wants to give it to the city, as long as it is understood that the association members have no expectations that the city will do anything to develop the parcel. Page No. 19 June 17, 1997 Mr. Oyen responded that he made the donation proposal clear at the last annual association meeting and the association went through the process of giving it to the city. He stated that his association was definite that it could be used for park purposes, which was also was the original intent for the lot. Responding to a question from Mayor Mertensotto, Mr. Oyen stated that the association will process a simple quitclaim deed with no strings attached. Attorney Hart stated that the city should get title insurance so that Council knows that the title is clear, particularly given the number of associations involved. Councilmember Koch moved to accept the donation of Lot F, valued at $56,000, from the Ivy Hill Townhouse Association for incorporation into the city's park system as an addition to Ivy Hall Park, along with direction for the City Attorney to process an application for title insurance on the property after the deed is received. Councilmember Smith seconded the motion. Ayes: 5 j Nays:0 McNEILL SITE Council acknowledged a memo from Public Works Director Danielson relative to acquisition of the McNeill site on T.H. 13. Council also acknowledged a letter from the Minnesota Pollution Control Agency in response to the "contingency plan" for investigation and clean -up, a letter from City Attorney Hart regarding potential condemnation, and a proposed relocation assistance agreement between the city and the Dakota County HRA. Mr. Ken Haberman, from Barr Engineering, was present for the discussion. Mayor Mertensotto briefly reviewed the issues relating to acquisition of the property. He stated that the City Attorney must check probate records on heirship and determine the status of the title. He further stated that he does not want the city to get into a quick take process. Mayor Mertensotto asked Mr. Haberman how much money the city has spent on Barr Engineering work and how much expense is still anticipated. Mr. Haberman responded that in September, 1996 there was a budget of $12,115 approved by Council. He stated that at that time, there were tasks laid out in the proposed to be completed in a few months, Page No. 20 June 17, 1997 and costs were below budget at that time. Currently, expenses are at budget, and that is given a number of additional tasks over winter, including two additional site visits, visits with the County, etc. He informed Council that the PCA has approved the reports that were submitted and there are two separate types of contaminates on the site, administered by two PCA sections. He stated that he had submitted a proposal on April 10 for a property clean-up implement plan. Mayor Mertensotto stated that the total estimated cost of $12,600 was on a time and materials basis and he believed that the city received an invoice for more than that amount without a prior appearance by the consultant. He asked what type of expenditure the city can anticipate as far as Barr engineering costs relating to acquisition of the site. Mr. Haberman responded that Barr has spent no more than the originally approved budget and at that time, the tasks were to bring the process up to submittal to PCA. He explained that Barr spent a number of hours after that, but is still under the original budget. Mr. Haberman stated that in April he received verbal approval from the PCA and he felt what he had submitted to them was going to be approved, so he laid out the next tasks in his April 10 proposal. He explained that right now there is a complete picture in terms of tanks on the site but the property changes from day to day, and to say that the drums that are on the site now will be the same location next week would not be correct because the occupants of the property moving things around. Mayor Mertensotto stated that he does not think Council needs anything more before it goes before the commission. Mr. Haberman stated that he does not know what is in the drums and what he proposes is hiring contractors to see what is in them. Mayor Mertensotto responded that the city has already spent $12,000 and has just identified that there is pollution on the site and not what kind of pollution. Councilmember Smith asked what funding is available for site clean- up. Mr. Haberman responded that under the state Petrofund program, anyone who takes care of petroleum contamination is eligible for those funds. He stated that, with respect to anticipated Page No. 21 June 17, 1997 further city costs for analysis, Task 4 in his April 10 proposal addresses the next set of circumstances which should occur. Under this task, the contents of the drums (tanks) would be identified to see if they are hazardous or just petroleum product, and then they have to be removed. He explained that if the city were to purchase the property, it could be held responsible for what is in the tanks, so he is suggesting that the contents be identified and that the tanks be removed. Mayor Mertensotto stated that the city cannot clean up the site unless it has ownership rights, and the only way it can get title to the land is to condemn it. He asked why additional money should be spent ahead of time unless the city needs to determine the value of the property. Mr. Haberman responded that his task was to come up with a clean- up plan, and since this is a superfund site, the tanks would have to be identified and removed before the city can use the site for street sweepings. He stated that the $12,000 cost in his April 10 proposal includes selecting and retaining contractors, through a bidding process.. He explained that this type of contract preparation work, which will cost about $5,000, could be done by city engineering but given their work level they prefer that it be included in Barr's proposal. He explained that the process is not just analyzing what is in the drums but also getting contracts and reviewing bids. Responding to a question from Mayor Mertensotto, Mr. Haberman confirmed that Barr's $12,100 quote for the property cleanup implementation plan (Task 4 proposal) is still valid. Mayor Mertensotto informed Mr. Haberman that Council will notify him when to proceed, and directed him to wait until he receives Council direction before proceeding with Task 4. Councilmember Huber was concerned about whether the city should proceed with acquisition of the site before clean-up costs are known. Mr. Haberman responded that the petrofund is strictly for petroleum and will fund up to 90% of the costs. He explained that the problem is that there are many contaminates that are not petroleum but that are hazardous, and currently if people buy contaminated property and have not received the approval of a final clean-up play from the PCA, the sate still sues them as the responsible party. Ayes: 5 Nays: 0 Page No. 22 June 17, 1997 Attorney Hart stated that the city would not want to conclude acquisition of title until there is a much better understanding of what is in the drums and what the removal cost will be. He further stated that the process will take a long time, and Barr's tasks are going to be spread over a period of time as well. He explained that it is also understood that the city has no recourse for damages against the people on the property. Mayor Mertensotto informed Council that it will probably take five or six months before the city can get a commissioner's hearing. Councilmember Smith moved to empower the city attorney to commence condemnation proceedings in regard to the acquisition of the McNeill site, using the city's right of eminent domain, and that the city notify the Dakota County HRA that the city will be using the HRA for relocation services. Councilmember Koch seconded the motion. Council informed Mr. Haberman that the city will notify him when it commissions him to begin Task 4. GARDEN CLUB Administrator Batchelder expressed the city's appreciation to the Mendota Heights Garden Club for its donation of a red splendor crab tree for City Hall. He informed Council and the audience that this is the seventh year that the club has donated and planted red splendors on the City Hall site. Mayor Mertensotto suggested that the city show its appreciation by providing refreshments for one of the club's regular meetings at city hall. He also directed the City Administrator to prepare a letter of appreciation for his signature. COUNCIL COMMENTS Councilmember Huber informed staff about some significant brush growth that should be removed along Wachtler and a street sign for Cherry Hill Road that should be relocated. Councilmember Krebsbach stated that she has received several calls from people complaining about crows and asked if the DNR has a crow control program. ADJOURN There being no further business to come before the Council, Page No. 23 June 17, 1997 Councilmember Huber moved that the meeting be adjourned. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:21 o'clock P.M. athleen M. Swanson City Clerk Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL June 17, 1997 Excavating Contractor License Belair Excavating Ritzer Excavating Inc Gas Piping Contractor License Associated Mechanical Contr., Inc. RVAC Contractor License Associated Mechanical Contr., Inc. Dakota Plumbing & Heating, Inc. General Contractor License J. Eiden Construction, Inc. Gary's Fence Co. Northland Concrete & Masonry Co. Landscape/Tree Service Contractor Lawrence Tree Removal Drywall Contractor License Friedges Drywall, Inc.