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1994-07-19 Council minutesPage No. 4088 July 19, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 19, 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 and Smith. Councilmember Krebsbach had notified the Council that she would be late. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Ayes: 3 Nays: 0 Abstain: 1 Koch Councilmember Koch moved adoption of the agenda for the meeting. Councilmember Smith seconded the motion. Councilmember Huber moved approval of the minutes of the June 21, 1994 regular meeting. Councilmember Koch seconded the motion. Councilmember Huber moved approval of the minutes of the July 5, 1994 meeting with correction. Councilmember Smith seconded the motion. CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, amended to move items 5j, Resolution on T.H. 110 frontage road tumback and 51, sign permit for Mendota Plaza, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 12, 1994 Park and Recreation Commission minutes. b. Acknowledgment of the minutes of the July 13, 1994 Airport Relations Commission meeting. c. Acknowledgment of the Fire Department monthly report for June. Page No. 4089 July 19, 1994 d. Acknowledgment of the Treasurer's monthly report for June. e. Acknowledgment of the Public Works Department monthly report for June. f. Approval of the issuance of permits to allow installation of two signs at 2444 Enterprise Drive for Water Heater Innovations, Inc., subject to approval of the land owner. g. Approval of the issuance of a building permit for Applied Coating Technology to allow construction of a solvent storage and solvent mixing room addition at 2411 Pilot Knob Road. h. Authorization for the Mayor and City Clerk to execute a Maintenance Agreement for County Trails between the County of Dakota and the City of Mendota Heights. i. Adoption of Resolution No. 94 -45, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL AND CALLING FOR HEARING FOR SANITARY SEWER, WATER, STORM SEWER, STREET AND TRAIL IMPROVEMENTS TO SERVE IVY KEEP NORTH ADDITION (IMPROVEMENT NO. 92, PROJECT NO. 1) AND THE RECONSTRUCTION /REHABILITATION IMPROVEMENTS TO SERVE LONDON ROAD /DOWNING STREET AND SURROUNDING AREAS (IMPROVEMENT NO. 92, PROJECT NO. 3)," the hearing to be held on September 6, 1994, and Resolution No. 94 -46, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL AND CALLING FOR HEARING FOR WATER IMPROVEMENTS TO SERVE PILOT KNOB ROAD & ADJACENT AREAS (GARRON SITE, IMPROVEMENT NO. 84, PROJECT NO. 2A) AND SANITARY SEWER, WATER, STORM SEWER AND STREET IMPROVEMENTS TO SERVE ST. PETER'S CHURCH AND PILOT KNOB ROAD AND WATERMAINS TO SERVE THE SOUTHEAST FRONTAGE ROAD (IMPROVEMENT NO. 84, PROJECT NO. 2C) AND SANITARY SEWERS, WATERMAIN, STORM SEWER AND STREET IMPROVEMENTS TO SERVE MENDOTA HEIGHTS BUSINESS PARK 4TH ADDITION (ASSOCIATED BUREAUS, IMPROVEMENT NO. 92, PROJECT NO. 4)," the hearings to be held on August 16, 1994. Page No. 4090 July 19, 1994 j. Acknowledgment of bids received for the overlay and expansion of the lower level parking lot at City Hall and to award the overlay and expansion to Bituminous Roadways for its low quote of $5,297.00. k. Approval of the list of contractor licenses dated July 19, 1994 and attached hereto. 1. Approval of the list of claims dated July 19, 1994 and totaling $1,405,473.79. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CARMEN LANE Council acknowledged a memo and proposed resolution from Public Works Director Danielson regarding the Mn/DOT turn-back of the T.H. 110 frontage road which serves the Crown Point and Carmen Court Additions. Mayor Mertensotto suggested that the proposed resolution be revised to replace the first condition with the following language: "That Mn/DOT representations as contained in a letter from the state dated June 15, 1994 be approved and adopted." Councilmernber Smith moved adoption of Resolution No. 94-47, "RESOLUTION ACCEPTING THE MN/DOT TRUNK HIGHWAY 110 FRONTAGE ROAD LOCATED ON THE NORTH SIDE OF TRUNK HIGHWAY 110 BETWEEN STATION 86+00 AND 94+00 AS A CITY STREET," revised as recommended by Mayor Mertensotto. Councilmernber Koch seconded the motion. Ayes: 4 Nays: 0 MENDOTA PLAZA SIGN Council acknowledged a memo from Public Works Director Danielson regarding a request for a building permit from Mr. Ed Paster for installation of a pylon sign along T.H. 110 for the Mendota Plaza Shopping Center. Mr. Paster and Mr. John Streeter from Paster Enterprises, and Mr. Snyder, the sign contractor, were present for the discussion. Mr. Streeter informed Council that Mr. Paster had received a conditional use pen-nit in 1988 to upgrade the center, including a five foot variance to allow a 45 foot high pylon sign to replace the existing sign which is located along T.H. 110 He explained that the Page No. 4091 July 19, 1994 sign will be a maximum of 20 feet wide and will be level with other signs in the area and five feet higher than the one which exists. He reviewed a rendering of the sign, dated July 18, 1994, and informed Council that the existing sign will be removed. Councilmember Krebsbach arrived at 7:55 p.m. Mr. Snyder informed Council that the lettering "Mendota Plaza" on the sign will be internally lit, and the rest of the sign will not be illuminated. He explained that the brightness of the sign will be no more than those on the building and that the sign lettering for all of the businesses in the shopping center will be red except where there a national marketing color is different. Councilmember Smith moved to authorize the issuance of a building permit to construct a new pylon sign at the Mendota Plaza consistent with the underlying 1988 Planning Commission recommendation with the following conditions: removal of the existing sign along T.H. 110; a maximum overall height of 45 feet and maximum overall width of 20 feet; location of the sign to be as specified on the Mendota Plaza Pylon Location drawing dated July 12, 1994; design of the sign to be consistent with the rendering dated July 19, 1994; and illumination to be consistent with representations made this evening. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 PARK CELEBRATION Council acknowledged a memo from Administrative Assistant Batchelder regarding the third annual "Celebrate Mendota Heights Parks!" along with a schedule of events and copies of press releases. Assistant Batchelder, steering committee chair Sharon Kohl, donation committee chair Ultan Duggan, steering committee member Sam Kilburg. Fire Relief Association representative Jim Kilburg and Fire Relief Association Ladies Auxiliary representative Marilyn Nelson gave brief presentations on activities which will occur during the event. NORTH URBAN TRAIL Council acknowledged the Dakota County Physical Development Division's draft plan for development of the North Urban Trail along with an associated memo from Assistant Batchelder. Ms. Chantell Kadin and Mr. John Forrest, from the Dakota County planning staff, were present for the discussion. Page No. 4092 July 19, 1994 Mr. Forrest gave Council an overhead presentation, informing Council that comments and concerns expressed by Council will be taken to the Dakota County Board with the hope that some time in September the Board will entertain the feasibility of having the plan distributed for review and comment by the general public. He explained that the planning staff will maintain a neutral position on the plan until all of the three affected communities have reviewed and commented on the draft. Ms. Kadin reviewed a map of the proposed trail connections, explaining that the eastern connection is at the Northern Dakota County Riverfront Regional Trail along the Mississippi River in South St. Paul. She explained that the western connection is at the Lilydale trail which is currently being constructed with the Mendota Interchange Project. This trail would then connect to the existing Valley Park trail, then run along T.H. 110 (east of Dodd), between the frontage road and the highway, to Warrior Drive and then connect with the existing trail on Marie Avenue into West St. Paul. Mayor Mertensotto informed the audience that the Council and Park and Recreation Commission have discussed the issue over the past months and have pointed out some areas of concern. He explained that the draft plan appears to have addressed those concerns and that staff will continue to keep in close contact with the county staff, passing on any Council and Park and Recreation Commission comments to them. Councilmember Smith commented that bicycles are a concern through the Valley Park portion of the trail because of its slopes. She asked for confirmation that the trails will be designed to accommodate both bicycles and walkers. Mr. Forrest responded that it is envisioned that there will be two trails in some areas (separated paths where the grade is difficult), and perhaps bikes will be restricted from some trail and sections. He explained that the criteria for deciding when a trail will be widened must be worked out among the cities and the county if the general trail proposal is approved by the cities. Councilmember Krebsbach stated that she would prefer that the more wooded and interesting trail be designated for the walkers and add a bike trail in a flatter terrain. She was also concerned about the cut through at Warrior Drive to Callahan and asked how many bikes will use that section of trail. Page No. 4093 July 19, 1994 Mr. Forrest responded that the anticipated typical use of the North Urban Trail is projected to be from the residential areas surrounding the trail and for short recreational trips. He stated that the trail will not likely receive much use from people traversing east to west from South St. Paul to its end. Councilmember Huber stated that he would like to see much more detail on what widening and flattening is proposed for the trail in Valley Park and what damage may occur to the vegetation. He further stated that there are several places on the valley trail where sight lines are such that people cannot see what traffic is coming from very far ahead. He expressed concern about introducing even more potential bicyclists but stated that he would not like to see the problem solved by flattening the trail out. Mayor Mertensotto pointed out that because of the terrain there is good justification for separate trails for the pedestrian and bicycle uses. COHEN STORM SEWER Council acknowledged a memo from Public Works Director Danielson regarding the Philip Cohen request for storm sewer connection, recommending a proposed revision to the draft connection agreement. Council also acknowledged letters submitted by Mr. Cohen from Schoell and Madson, Inc., and the Metropolitan Waste Control Commission. Mr. Cohen informed Council that he has received an estimate of $700 from Ace Blacktop for repair of any potential damage to the Macey driveway, and stated that he feels the proposed $1,000 escrow is adequate. He stated that he has reviewed the draft agreement and would like to add a clause that would allow him to do repairs before the city uses the escrow. He further stated that (regarding paragraph 11 of the agreement) he would like an opportunity to try to recover some of his costs by working out an agreement with anyone else who might wish to connect to the system. Mayor Mertensotto responded that the city must be in control by saying that no one can connect without agreement, and that Council would certainly be in contact with Mr. Cohen since he has the responsibility for maintaining it. It was suggested that the paragraph could be revised so that no party may connect without the landowner j and city approval. Page No. 4094 July 19, 1994 Mr. Cohen stated that his final issue is the recommended changes in the twelfth paragraph, and informed Council that his legal counsel has advised him not to accept the clause. He explained that currently if the line breaks and it is his fault, he must fix it but if it is not his fault he did not feel he should have to fix it. He pointed out that if his neighbors put trees in the easement area, or gazebos, he should not be responsible for damage. Responding to a comment from Mr. Alt about potential tree root damage, Mayor Mertensotto pointed out that this is one of the hazards people encounter when they construct something in close proximity to an easement area. He explained that if this were a city project, the trees would likely be removed if their roots obstructed the use of the easement. He further stated that the rule is that if someone builds or plants something in close proximity to an easement area they run the risk of damage. City Attorney Hart stated that liability is not imposed by the twelfth paragraph, just a remedy, and the fifth paragraph is the strict liability. Council heard comments from Mr. Cohen's neighbors. Mrs. Cohen stated that the storm sewer connection was proposed because she and her husband thought it was the most responsible approach to solving the problem and they have agreed to accept the responsibility for maintenance of the system. She explained that they have spent considerable money on legal and other fees because their neighbors complained about draining the water out the front or back of their property but that they cannot afford any more legal fees and it is not worth it to them to pursue the matter further. After discussion, it was the consensus that Mayor Mertensotto and Attorney should meet with Mr. Cohen and Mr. Pilla, as the neighbors' representative, on September 12 at 5:00 p.m. to try to resolve the matter. RECESS Mayor Mertensotto called a recess at 9:50 to conduct a Council interview of Planning Commission candidate Steven Kleinglass. The meeting was reconvened at 10:15 p.m. COMMISSION APPOINTMENT Mayor Mertensotto informed the audience that immediately preceding the regular meeting Council had interviewed two candidates, Joe Betlej and Sally Lorberbaum, for appointment to an unexpired term on the Planning Commission. He stated that all are excellent candidates, and recommended that Joe Betlej be appointed Page No. 4095 July 19, 1994 because his background in the commercial/industrial planning field would add a dimension currently lacking on the Commission. He further stated that he would like to keep the applications of the other candidates active should there be another opening on the Commission in the coming several months. Councilmember Smith moved to appoint Joe Betlej to the Planning Commission, for a term commencing immediately and running through January 31, 1996. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 PRIMENET DATA SYSTEMS Council acknowledged a letter from Mr. Dale Glowa, of United Properties, requesting preliminary consideration of $701,000 in pay - as- you -go tax increment financing support for construction of a project for PrimeNet DataSystems. Council also acknowledged an associated memo from Treasurer Shaughnessy and a Tax Increment Projection prepared for United Properties by PubliCorp. Mr. Glowa informed Council that the proposed PrimeNet site is located adjacent to the Big Wheel property on Pilot Knob Road. j The project consists of two phases: Phase I is an 80,000 square foot office /warehouse structure (25,000 square feet of office, 55,000 square feet of warehouse), and the second phase would be a 40,000 square foot expansion consisting of 10,000 square feet of office space and 30,000 square feet of warehouse. He explained that the building will look very similar to Big Wheel. The exterior treatment on the office area will be a stucco -like architectural Dryvit material, with pre -cast concrete blocks around the warehouse, painted to match the office color, and the truck docks will be screened. Mr. Glowa stated that he is requesting $701,000 in TIF based on 100% development of the site to 120,000 square feet, and that he is not asking for any land write -down. He informed Council that the company currently has 223 employees and that probably another 70 to 80 people would be added at the time the addition is completed. Responding to a question from Councilmember Smith about the Dryvit material, Mr. Glowa stated that it was used on the five -year old Big Wheel structure and has stood up well and that he considers it a good product. Mayor Mertensotto stated that Council wants to assist in attracting high quality concerns to the industrial areas, particularly to the area impacted by air noise. He informed Mr. Glowa that Council would like to have the structure well landscaped and situated in such a Page No. 4096 July 19, 1994 manner as to make it visually appealing to traffic on Highways 55 and 13. Councilmember Krebsbach asked Mr. Glowa to provide an employee profile for the next discussion. Councilmember Smith asked whether the project will be appropriately screened from residences to the north. Mr. Glowa responded that there will be an extensive landscaping buffer. He informed Council that six to ten semis coming to the site each day and there will be traffic to the site throughout the day. He stated that the traffic pattern will be to the south and that there will be no printing done on -site, just assembly and general warehousing. Councilmember Smith stated that she would like to investigate the Dryvit material, as she was concerned about its durability. She informed Mr. Glowa that she would prefer an upgraded material. It was the general consensus to preliminarily support the TIF request. NORTH KENSINGTON PARK Council acknowledged a memo from Administrative Assistant Batchelder and concept designs for the North Kensington Park. Assistant Batchelder reviewed the features of the back yard concept as recommended by the Park Commission. He explained that the park would be used mostly for small gatherings of nearby residents and that he would not expect people to request reservations for family or company picnics. He explained that the Commission does not want to add a parking lot and if the park was intended to attract groups a parking lot would be needed. Councilmember Smith stated that Claremont Drive just serves the immediate townhouses and suggested those residents should be asked for their input to see if they want direct access and if it would really serve them well to have to paths running between their properties. She further stated that she would like to have a better sense of where the boundaries are between the private and public land. She felt that the park might be more functional if it provided a small space where people could picnic as a family with some protection from the sun and rain. She was concerned about the location of the seating area because of the potential mosquito problem given the ponding area around it. She suggested that perhaps a shelter might better serve people if it were not in the middle of the ponds and if there were just a seating area in the middle. Page No. 4097 July 19, 1994 1 After brief discussion, it was the consensus to direct staff to conduct a structured meeting for the neighborhood, to present the concept and ask for neighborhood input. AIRPORT PLANNING Council acknowledged an update memo and proposed resolution from Administrator Lawell regarding the dual -track airport planning process. Council also acknowledged a draft letter from Mayor Mertensotto to U.S. Representative James Oberstar asking for his official position with respect to the dual track process and clarification of his recent comments with regard to the process. Administrator Lawell briefly reviewed the memo and gave Council and audience a background on the planning process. Councilmember Krebsbach moved adoption of Resolution No. 94- 48, "A RESOLUTION EXPRESSING CONCERN OVER U.S. REPRESENTATIVE OBERSTAR'S POSITION REGARDING THE MSP DUAL -TRACK AIRPORT PLANNING PROCESS," and to announce to the community that on August 2, 1994 the Council will consider adoption of the Air Noise Action Plan as recommended by the City's Airport Relations Commission. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 NEIGHBORHOOD WORK Council acknowledged a memo from Public Works Director GROUPS Danielson recommending that Council establish a neighborhood work group to identify neighborhood street and water problems and concerns for the Friendly Hills street reconstruction/rehabilitation project and to recommend a course of action to Council. It was the consensus of Council to approve the recommendation and to direct staff to recommend seven Friendly Hills residents (one at large member and six members evenly representing each section of Friendly Hills) for appointment to the work group on August 2. FRONTAGE ROAD NAME Council acknowledged a letter from Mr. Joe Perron requesting that the city change the name of some of the new Mn/DOT frontage roads to "Rue de Perron," along with an associated memo from Public Works Director Danielson. Councilmember Smith questioned whether the entire frontage road should have the same name since it includes what is existing T.H. 13. Page No. 4098 July 19, 1994 It was the consensus of Council to do media releases to ask residents for suggestions for naming of the many new frontage roads which are being constructed as part of the Mendota Interchange Project. BUDGET WORKSHOP Council acknowledged a memo from Treasurer Shaughnessy recommending that Council schedule a workshop to consider the proposed budget for 1995. It was the consensus to conduct a budget workshop at 6:00 p.m. on Tuesday, August 2. ADJOURN There being no further business to come before the Council, Councilmember moved that the meeting be adjourned. Councilmember seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: o'clock P.M. Xathleen- M. Swanson City Clerk I ) ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL July 190 1994 Concrete Contractors License Anderson Construction Co. Excavating Contractors License DSM Excavating Co. Inc. S.W. Lee Construction R.E. Palmen Inc. Tschida Excavating General Contractors License Adam Homes /Dietz Construction Gas Piping Contractors License Thibodeau Heating HVAC Contractors License Thibodeau Heating Drywall Contractors License BEI Services Inc.