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1994-12-20 Council minutesPage No. 4245 December 20, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 20, 1994 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 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Huber moved adoption of the agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the November 1, 1994 regular meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of the minutes of the November 7, 1994 meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items 5c., Curley Furniture sign, and 5g, United Properties easement to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of receipt of the unapproved minutes of the November 2, 1994 NDC -4 meeting. b. Approval of the issuance of a permit to Rollerblade, Inc. for a twelve square foot temporary sign to be located 40 feet from the front lot line at 2360 Pilot Knob Road. c. Acknowledgment of the minutes of the December 13, 1994 Park and Recreation Commission meeting. Page No. 4246 December 20, 1994 d. Acknowledgment of receipt of invitations to the annual National League of Cities Conference and a Dakota County League of Governments meeting. e. Adoption of Resolution No. 94 -911 "A RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON ORGANIZED EMPLOYEES TO REFLECT A THREE PERCENT ANNUAL ADJUSTMENT FOR 1995," and Resolution No. 94 -92, "A RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1995 AND ESTABLISHING CERTAIN OTHER BENEFITS." f. Approval of the list of claims dated December 20, 1994 and totaling $205,744.59. Councihnember Huber seconded the motion. Ayes: 5 Nays: 0 CURLEY FURNITURE SIGN Council acknowledged a memo from Code Enforcement Officer Berg regarding an application for sign permit from the Curley Furniture Company at the former Ethan Allen facility at 1044 Highway 110. Mayor Mertensotto stated that Curley Furniture wants to use the entire 120 square feet (each side) of the former Ethan Allen sign but the Ethan Allen sign is a non - complying sign 20 square feet larger than is allowed by code and there is no record to show that the city approved the sign. He stated that approval of the request would set a dangerous precedent. Administrative Assistant Batchelder informed Council that the sign permit is a request to change the sign message on an existing sign and that the structure of the sign was not removed when Ethan Allen vacated the building. He explained that under the ordinance Curley would be permitted to use 100 square feet of the sign area but not the apex area. Mayor Mertensotto responded that Ethan Allen had a logo in the apex of the sign and the current applicant intends to use the apex in addition to the other sign area. He did not feel Council should endorse a non - conforming sign use. He stated that Council has asked other applicants to strictly conform to the ordinance and that he does not see any good reason to set a precedent by allowing a 120 Page No. 4247 December 20, 1994 square foot sign along T.H. 110. He suggested that Mr. Curley appear before the Planning Commission for variance consideration. Mr. Tim Curley, present for the discussion, stated that the building has existed for 26 years and the sign has also and all he is asking is to place his logo in the apex of the sign. He stated that he has met with city staff and the city planner and all agreed that this was within the limitations of the ordinance. Mayor Mertensotto responded that 120 square feet of sign area is non - conforming and there is no record Ethan Allen received approval for the sign size. Councilmember Huber stated that if Council decided to deviate from the ordinance, a precedent is set and others in the future would expect the same sign size. He further stated that Mr. Curley should make application for variance and go through the same planning process as everyone else does. Councilmember Huber moved to table action and refer the matter to the Planning Commission for review and recommendation. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 UNITED PROPERTIES Council acknowledged a memo from Public Works Director EASEMENT PURCHASE Danielson regarding acquisition of easements from United Properties in conjunction with the industrial park storm water project. Council also acknowledged proposed easement agreements. Mayor Mertensotto stated he feels that the appraisal is top dollar value which does not take into account that this is probably not the most desirable part of the developer's land for density. He further stated that he has spoken to the city's appraiser, Blake Davis, and asked if he thought it would be appropriate, (if the city acquires the easement area at the $1.80 per square foot value at which he appraised the property) for the easement area to be deducted from the total land area for development so that United Properties cannot calculate the footprint by saying that they own the land and include it within their land area calculation. He recommended that acquisition be conditioned that the easement area be subtracted from the land area owned by the developer as far as the potential percentage development. After discussion, Councilmember Smith moved to purchase drainage and utility easements from United Properties, as described in the Ayes: 5 Nays: 0 Page No. 4248 December 20, 1994 Public Works Director's memo dated December 15, 1994, for the appraised value of $246,000 to be funded by the TIF, subject to execution and delivery of the easement documents, in recordable form, by United Properties and further conditioned that the areas taken for the easements be subtracted from the land area owned by the developer for future development percentages. Councilmember Huber seconded the motion. Council directed staff to draft a resolution with respect to acquisition of the easement, the document to be attached to the recorded easement, and notify United Properties of the condition on development area reduction and inform them that unless they consent to the condition the city cannot proceed with the acquisition before the end of the year. HEARING - TRUTH IN Council acknowledged a memo and proposed resolutions with TAXATION respect to the 1994 levy and 1995 budget. Mayor Mertensotto opened the meeting for the purpose of a subsequent hearing on the proposed 1994 levy and 1995 budget, and asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Koch moved adoption of Resolution No. 94 -91, "RESOLUTION APPROVING FINAL 1994 TAX LEVY COLLECTIBLE IN 1995 AND ADOPTING THE PROPOSED BUDGET FOR 1995." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 METRO EAST DEVELOPMENT Council acknowledged a letter and information on the Metro East PARTNERSHIP Development Partnership from its Executive Director, Jeffrey Rageth, along with a memo from Administrator Lawell. Mr. Rageth was present for the discussion. Mr. Rageth gave Council and the audience a history of his organization and informed them on the organizational purpose and development activities of Metro East. He gave an overview of the programs and services provided by Metro East and informed Council on the potential benefits to be gained by the city through Page No. 4249 December 20, 1994 membership in the organization, particularly benefits to small businesses in the community who would like to expand. Responding to questions from Mayor Mertensotto, he stated that the annual membership fee, $500, has not increased during the seven years the organization has been in existence and in fact has decreased. Mayor Mertensotto asked if the city would be open to assessment, above the annual membership, and he complimented Metro East on the quality of its bulletins. Mr. Rageth stated that there is no assessment potential, and explained that about 70% of the cost of the brochures is funded by private enterprise. He stated that members can drop at any time. Councilmember Smith stated that the facilitation and assistance in providing contacts to the right person and being able to set up a dialogue is very helpful, and it is the ancillary benefits that would be realized by membership in such an organization that would make membership worthwhile. Councilmember Krebsbach stated that there are other organizations which provide similar service, including the Dakota County Economic Development Partnership, and suggested that Council look at them as well. Mayor Mertensotto suggested that the issue be placed on the next scheduled workshop agenda and directed staff to prepare a list of all similar organizations which are operating in Dakota County. Mr. Rageth invited Council to attend the annual meeting of Metro East to be held in January. HEARING - FRIENDLY HILLS Mayor Mertensotto opened the meeting for the purpose of a ADDITION STREETS continued public hearing on proposed Friendly Hills street and storm sewer improvements. Council acknowledged a report from Engineer Mogan in response to public comments at the December 6 public hearing, along with a letter from Mr. & Mrs. Gail Wirth, 2123 Fox Place. Mayor Mertensotto gave a brief history on the project and a recap of the December 6 hearing. He informed the audience that there has been some reduction in the storm sewer drainage mains from the project as originally proposed. He stated that the city cannot afford to put in stubs at the main, at the $2,700 per lot assessment rate, but the homeowners, if they choose, could hook up a sump pump and Page No. 4250 December 20, 1994 discharge directly into the storm sewer line, where the main is available. He stated that homeowners can request that a stub be put at their properties at an estimated cost of $200. Public Works Director Danielson responded that the item could be included as a change order to the contract, and the property owners would be charged whatever the cost is. He stated that property owners would have to notify the city of their desire for a stub at some time prior to installation of the main along the properties. Councilmember Smith stated that since mains will not run along all of the properties, the city would have to notify those who will be affected that they can take advantage of the stub opportunity. Councilmember Krebsbach encouraged residents who have a problem with their sump pumps to take advantage of the stub if the main is available to them. She pointed out that this would maximize the investment in the project. Mayor Mertensotto stated that on December 6 the feasibility report included drainage assessments for residential properties along Dodd Road. He stated that those properties can be included in the drainage assessment now since they drain to the district, or they can be included in a future drainage project which will likely occur as the result of redevelopment along Dodd. He informed the audience that because there is a potential for future assessment, staff has recommended that the nine residential properties along Dodd can be removed from the current project. Mayor Mertensotto stated that Ms. Renee Schmidt objected on December 6 to being assessed for the street portion of the project. He informed Ms. Schmidt that since this is not the assessment hearing, she should appear at the assessment hearing and submit an objection to the assessment at the time of the assessment hearing. Ms. Schmidt stated that the staff report is inaccurate with respect to her property. She stated that there is curb and gutter in front of her house which was installed as part of the Bridgeview Shores project. She stated that she did not ask for the improvement at that time, and was not assessed for it. She did not feel that she should be assessed for street improvements as part of the Friendly Hills project. Mayor Mertensotto responded that the homeowners in Bridgeview Shores ultimately paid for the improvements in front of Ms. Schmidt's home. He explained that her property is in the assessment - area and is part of the project and could be assessed for both street Ayes: 5 Nays: 0 Page No. 4251 December 20, 1994 and storm sewer. He stated that Ms. SchmidVs objection will be placed on record. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Smith seconded the motion. Mayor Mertensotto commended the Friendly Hills Task Force on its efforts. He stated that the Friendly Hills development was the first major development in the city and that it has never had a street assessment or urban streets. He stated that the engineering recommendation is that Decorah, between Dodd and Apache, since it has no access onto it, be 28 feet in width and the remainder of Decorah, since it is MSA, be 33 feet wide. He stated that there will likely be a requirement by MSA that parking be restricted to one side of the street, but Council will not make a choice on which side of the street will have parking allowed until it is notified of the parking restriction by the state. He explained that MSA funding and MSA reserve funding is necessary to make financing for the project work. Councilmember Krebsbach stated that she hopes that the Friendly Hills community and those from Copperfield would work together to reduce their speeds and that those in Friendly Hills not be hostile to the neighbors who drive Decorah. Mayor Mertensotto stated that one potential for controlling traffic is to install four -way stops at some of the Decorah intersections. Councilmember Smith stated that she is very much in favor of the project and commends the task force. She stated that she feels badly that some of the areas were not represented on the committee but expressed appreciation to the community for rallying around the project and their open minded attitude. Responding to a question from Councilmember Smith, Treasurer Shaughnessy explained what MSA reserve is and stated that it is anticipated that about $30,000 to $35,000 of the current $200,000 reserve will be needed for the Friendly Hills project. He explained that the reserve fund has been used for large maintenance projects, like the re- milling on Mendota Heights Road. Ayes: 5 Nays: 0 Page No. 4252 December 20, 1994 Mayor Mertensotto asked for Council to support a contribution of $7,000 from the Storm Water Utility Fund to the project to compensate for not assessing the Dodd Road residential properties because they can be assessed under a future project. Councilmember Huber stated that he is in favor of the project. He further stated that Friendly Hills is a unique area in that the lots are smaller than most of the lots in the city and the proposed $2,700 assessment is equivalent to what would be assessed ($3,400 to $3,500) for similar improvements to a standard city lot. He explained that the city is financing a larger share than it would in other projects but he does not feel a precedent is being set in consideration of the lot size differences. Mayor Mertensotto agreed, stating that the frontage of the lots in the Curley Addition, for example, are larger than Friendly Hills, and the Curley lots will likely be looking at an estimated $3,400 to $3,500 assessment, which is proportionately the same. Councilmember Krebsbach stated that if the approving resolution is adopted, she would like it to be amended to include information on the sump pump hook - option at additional cost. There being no further discussion, Councilmember Smith moved adoption of Resolution No. 94 -94, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION /REHABILITATION IMPROVEMENTS TO SERVE FRIENDLY HILLS REARRANGEMENT, HASELBURGER ADDITION, SIMEK REARRANGEMENT AND SURROUNDING AREAS (IMPROVEMENT NO. 92, PROJECT NO. 6," amended to add 1.) that the $7,000 for the nine residential properties on Dodd Road will be financed by the Storm Water Utility Fund and that those properties will be deleted from the project and subject to future assessments and storm water improvements; and 2) there shall be a separate bid item in the contract to allow connection to the storm sewer main and individual home owners where possible will be given the option to hook up at additional cost. Councilmember Koch seconded the motion. Councilmember Krebsbach suggested that staff be directed to keep the neighborhood informed on the timetable for project construction. Page No. 4253 December 20, 1994 Council acknowledged that Ms. Renee Schmidt appeared to object to her potential assessment. CASE NO. 94-06, DAHM Council acknowledged an application from Mr. Keith Dahm for modified critical area site plan approval to allow construction of a single family home on Lot 1, Block 2, Valley View Oaks (1942 Glen Hill Road). Councilmember Krebsbach stated that the lot is across from the lots on the bluff and after the Critical Area Ordinance is revised, it may fall within the area that may not be as rigorously scrutinized as the lots on the bluff. Councilmember Krebsbach moved to approve the modified site plan for Lot 1, Block 2, Valley View Oaks, to allow construction of a single family residence at 1942 Glen Hill Road along with waiver of the $ 100 application fee, conditioned that the developer carry out the tree preservation plan, with respect to removal and replacement of trees, as submitted with the application. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 94-25, MENDOTA Council acknowledged an application for rezoning and conditional MEADOWS REZONING AND use permit for planned unit development from Mendota Homes, CONDITIONAL USE PERMIT for the proposed Mendota Meadows townhouse development, along with associated staff reports. Mayor Mertensotto informed the audience that on November 15 Council denied the conditional use permit because a day care center had been proposed to be developed on one acre of the ten acre site. He stated that the current proposal is for 36 townhouses on the ten acre PUD project. He stated that the plans will need to be modified with respect to the grade of the driveways from the main road to the garages. Public Works Director Danielson responded that most of the lots will have an 8% grade. Mayor Mertensotto stated that the plan shows up to a 10% grade and that should be modified. He asked what the legend on the plan means and whether city staff had notified Mr. Mathem of the concern voiced by the Bridgeview Shores residents with respect to the berm along Mendota Heights Road. Page No. 4254 December 20, 1994 Mr. Mathern submitted current plans, explained the legend and briefly reviewed the plans. He stated that the new plan stipulates that no driveway will be allowed to be graded more than eight percent. He stated that he will be able to berm along part of Mendota Heights Road, including walk out Lots 1-3 and possibly Lot 4, but it will not be possible to put a berm behind Lots 5, 6, 7 and 8, and that the landscaping plan includes trees and plantings along Mendota Heights Road. Mayor Mertensotto stated that if the berm cannot be accomplished as originally proposed, one to three of the walk-outs may have to go. Mr. Mathern responded that the street elevation to the east of those lots will maintain a flatter slope to the front of the units and a rear elevation that will allow walk-outs. He stated that he believes he can build the berm and still drain the back yards of the walk out lots. Mayor Mertensotto pointed out that the purpose is to establish a uniform berm along Mendota Heights Road. Mr. Mathern stated that the berm will be three to four feet tall. Mayor Mertensotto suggested putting in a lower berm along Lots 5- 7 with landscaping on top of it. Mr. Mathern stated that he will revise the landscape plan to make the screening along Mendota Heights Road more dense. Mayor Mertensotto stated that Council does not know the exact location where it would like the easement on Parcel B and pointed out that there is additional right-of-way which would lend itself to a future right-turn lane from Dodd onto Mendota Heights Road, which should be shown as right-of-way on the plat for future use if it is needed. He stated that he would like to proceed this evening with concept approval for single story townhouses. He suggested preliminary plan approval subject to the modifications shown on the plan dated December 20 and the appropriate screening along Mendota Heights Road. He stated that there is no definitive developers agreement or landscaping plan before Council at this time but preliminary plat approval would allow Mr. Mathern to proceed and would allow the city to begin the acquisition of the 1.3 acre Parcel B. He explained that after the city receives easements over that parcel for signage and the turning lane area, the property would be conveyed back to the development subject to a conservation easement. He stated that the plan meets the density requirement of the MR-PUD district. Page No. 4255 December 20, 1994 Councilmember Smith asked if the footprint shown on the preliminary plan is close to what the final footprint will be. Mr. Mathern responded that it is, that the units will be 42 feet wide by 16 feet deep and that decks and patios are defined on the plan as well. He reviewed the design drawings, stating that it is proposed to construct 36 townhomes, 34 of which are attached as two units and two that are totally detached. The footprint allows 2400 square feet per unit, including about 500 square feet of garage. He stated that some of the units will have basements and some will have walk- outs. Mayor Mertensotto asked where the meters will be. He also asked if Mr. Mathern is requesting approval for ornamental street lights. Mr. Mathern responded that all of the utilities cannot be located in the beginning because the plans will need to be customized., but it is anticipated that they will be placed on the side of the buildings for the most part. He stated that he is requesting city streets and curbs, sidewalks and street lights, and the design will be the one that Council has selected in the past. Treasurer Shaughnessy stated that NSP will directly bill the association for the costs. Councilmember Smith stated that she would like to know the number and location of street lights before final approval. Mayor Mertensotto pointed out that a park contribution of $750 per lot is required to be paid before execution of the final plat. He asked when Mr. Mathern will pay the $30,000 purchase price of Outlot B Mr. Mathern stated that he has no objection to paying the park contribution and Outlot B acquisition price before final plat execution. A resident of Bridgeview Shores stated that there was no berm shown on the grading plans as of yesterday even though Mr. Mathern clearly understood and represented by Mr. Mathern there would be a berm along the entire length of the project and that a Planning Commission meeting Mr. Mathern agreed to eliminate the walk -outs in order to provide the berm. He also asked for clarification that there will be no rezoning for the property. Page No. 4256 December 20, 1994 Mayor Mertensotto responded that it is quite clear that Council's priority is for screening Mendota Heights Road and if it is necessary to eliminate the walk -outs to achieve the screening, they will have to be removed. With respect to rezoning, Mayor Mertensotto stated that it is a practice of the city that prior to the granting of a conditional use permit for planned unit development, Council rezones the land which goes into the P.U.D. so that zoning is in place. He explained that Council has always changed the underlying zoning to correspond to the use before changing the use of a property and stated that MR -PUD zoning density is not to exceed four units per acre. The resident stated that the neighbors have some objection to changing the underlying zoning. He stated that by changing the underlying zoning, if and when the townhouses cease to be someone else could come back and develop the land at a much higher density. Attorney Hart stated that the city ordinance has recently been changed to provide that a PUD requires a 4/5 vote of the Council and it can only be developed by 4/5 vote so there is no advantage to retaining the underlying R -1 zoning. He further stated that it is unlawful to retain the underlying zoning and allow the development of a property that is inconsistent with the underlying zoning. Mayor Mertensotto asked Mr. Mathern if the project will be uniform in design and exterior materials. Mr. Mathern responded that they will be uniform, with the same exteriors and exterior color. Mayor Mertensotto pointed out that there will be a requirement that the exterior materials which are proposed to be used must be included in the development plans for the project. The Bridgeview Shores resident stated that there has been no submission of proof of the developer's financial ability to take on the proj ect. , Mayor Mertensotto responded that if the PUD is approved and the developer should falter, the underlying land owner will take over and complete the project or find someone else to do so but the project will have to be completed in accordance with the approved plans for the PUD. He stated that he does not believe there will be any risk involved and pointed out that the park contribution and acquisition price of Parcel B will be paid before final approval. Page No. 4257 December 20, 1994 Staff was directed to be sure to address all of the concerns raised by the Planning Commission. Councilmember Krebsbach stated that it must be very clear that the understanding is that Mr. Mathern is saying he cannot berm totally along Mendota Heights Road but is committing to major screening including dense evergreens where it cannot b bermed, and also that lantern style street lights will be used and screening will be done along the back of the exit. Councilmember Krebsbach moved to direct staff to prepare a resolution for design concept approval of a 36 townhouse planned unit development of Mendota Meadows as presented and to grant preliminary plat approval for the 10.3 acre parcel in the manner Ayes: 5 presented and with the conditions discussed this evening. Nays: 0 Councilmember Smith seconded the motion. PARK COMMISSION Council acknowledged a memo from Administrator Lawell regarding interviews of Park and Recreation Commission candidates to fill Vicki Katz' unexpired term. Mayor Mertensotto stated that another candidate, Les Ackerman, has contacted him to express interest and directed that Mr. Ackerman be added to the list of candidates to interview. Administrator Lawell informed Council that one of the candidates, James Peterson, will be out of town from January through March and will not be available for interview. He stated that a Council workshop should be held on the Highway 55 Corridor, labor negotiation issues, economic development organizations and the St. Paul Water agreement, and suggested that the interviews be conducted on the same evening. It was the consensus that the commission needs to be diversified and have a balanced perspective with respect to organized sports, etc.. Administrator Lawell indicated that staff would prepare a summary for Council on the perspective of the current members. Council directed Administrator Lawell to prepare a recommendation on potential workshop dates for Council consideration on January 17. COUNCIL COMMENTS Councilmember Smith stated that a home is being constructed on Mendota Heights Road with a driveway on Mendota Heights Road. She stated that she understands that it is a difficult lot to develop but it will be the only house that has direct access to the street. Page No. 4258 December 20, 1994 Public Works Director Danielson responded that staff had discussed with the developer the possibility of providing access to the lot directly from Arbor Court but there is a steep grade and there are significant oaks which would have to be removed. Councilmember Smith pointed out that the school forest property lies along Mendota Heights Road and it is not known how that property will develop. She stated that in the future when there is such a major deviation from past policy, the issue should be brought to Council. There was discussion over the recent clear - cutting of trees on the Garron site. Public Works Director Danielson informed Council that there is no strong ordinance language by which staff could have stopped the tree removal but the Planning Commission is currently looking into preparation of a tree preservation ordinance. Councilmember Huber informed Council on the NDC -4 Commission's action with respect to a settlement with Continental Cablevision on the non - compliance issue. Councilmember Smith stated that the joint powers agreement allows for an action by the member cities on issues dealing with the assets that belong to the cities and it appears that there has been a significant and material change. Administrator Lawell was directed to contact NDC -4 to get a copy of the full report for distribution to the Council. Councilmember Krebsbach informed Council that she will be absent from the next Council meeting. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 10:10 o'clock P.M. athleen M. Swanson ATTEST: City Clerk t Charles E. Mertensotto Mayor