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1994-04-05 Council minutesPage No. 3965 April 5, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 5, 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 Koch, Krebsbach and Smith. Councilmember Huber had notified the Council that he was ill. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the March 15,1994 regular meeting. Mayor Mertensotto seconded the motion. Ayes: 2 Nays: 0 Abstain: 2 Koch Motion failed for lack of a majority. Krebsbach CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the March 22, 1994 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for March. c. Acknowledgment of the unapproved minutes of the February 2, 1994 NDC -4 meeting. d. Acknowledgment of the unapproved minutes of the March 2, 1994 NDC -4 meeting. Authorization for the hiring of six temporary summer helpers for the Public Works Department, beginning with Rich Burrow on April 22. Page No. 3966 April 5, 1994 f. Adoption of Resolution No. 94 -24, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR LONDON /DOWNING AND ADJACENT AREAS STREET RECONSTRUCTION (IMPROVEMENT NO. 92, PROJECT NO. 3) AND IMPROVEMENTS TO SERVE IVY KEEP NORTH ADDITION (ARNDT PLAT) (IMPROVEMENT NO. 92, PROJECT NO. 1)." g. Acknowledgment of bids for 1994 street sweeping and authorizing contract award to Leier Maintenance for their low quote of $57.00 per hour. h. Approval of a variance from Ordinance No. 1201 to allow St. Thomas Academy to use a motorized boat to conduct water quality studies on Rogers Lake in April and May, in accordance with a request dated March 22. k. Approval of the list of contractor licenses dated April 5, 1994 and attached hereto. 1. Approval of the list of claims April 5, 1994 and totaling $194,989.10. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ARBOR DAY Council acknowledged a memo from Administrative Assistant Batchelder regarding the proclamation of arbor day and arbor month. Councilmember Krebsbach stated that Mn/DOT and others conducted a program of planting flowering crab trees along T.H. 110 many years ago. She stated that she would support the same type of planting program this year given the reconstruction being done on the highway and the associated loss of trees. Mayor Mertensotto responded that Mn/DOT promised to bring a landscaping plan to the city after the reconstruction is completed, and directed staff to be sure that the plan is placed on a future agenda. Councilmember Krebsbach felt that plants which have been removed along Victoria Curve should be offered to neighborhood residents for replanting. Page No. 3967 April 5, 1994 Administrator Lawell stated that Mn/DOT has assured the city that its landscape division will develop a plan. He informed Council that he will contact Mn/DOT to remind them. Councilmember Krebsbach moved to adopt a "PROCLAMATION ACKNOWLEDGING APRIL 29, 1994 AS ARBOR DAY AND THE MONTH OF MAY, 1994 AS ARBOR MONTH." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 EAGLE SCOUT PROJECT Eagle Scout Candidate Josh Sokol, 1847 Faro Lane, was present to request city assistance in a project he wishes to undertake in order to earn the rank of Eagle Scout. He explained the proposed "Teen Temps" project, which would link 13 -15 year old youths with elderly or disabled community residents who need someone to do things for them. He asked Council to allow city staff to handle phone inquiries and pass the information along to him for follow -up. He informed Council that his 30 member scout troop has volunteered to help him. He further stated that he has prepared posters and informational material, has contacted local newspapers, will put up posters to advertise the project, and hopes to make an "infomercial" for local cable broadcasting. Mayor Mertensotto pointed out that the city would only be acting as an information conduit and would not accept any liability. He asked Mr. Sokol if he will put a disclaimer on his materials stating that the city has no liability and if he will give the Council a follow -up report on the success of the project. Mr. Sokol responded that he will put a disclaimer on his forms and will report back. It was the consensus of Council to allow city staff to accept and transfer messages as requested. INDUSTRIAL PARK Council acknowledged a tabulation of bids received for the STORM SEWER construction of storm sewer improvements, two large ponds, in the industrial park. Public Works Director Danielson briefly reviewed the project. Mayor Mertensotto asked who will maintain the ponds, stating that if the city must perform the maintenance, it would be advantageous to acquire fee title to the property rather than easements. He also asked if an appraisal has been performed. Mr. Danielson responded that the city will perform the functional maintenance but United Properties will install landscaping materials and provide aesthetic maintenance. With respect to the appraisal, he Page No. '3968 April 5, 1994 informed Council that Blake Davis has been retained but has not yet completed the appraisal. Councilmember Smith moved adoption of Resolution NO. 94 -25, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF INDUSTRIAL PARK STORM SEWER IMPROVEMENTS TO SERVE MENDOTA HEIGHTS INDUSTRIAL PARK (IMPROVEMENT NO. 92, PROJECT NO. 5)," awarding the contract to Imperial Developers, Inc., for its low bid of $494,799.40 and directing staff to retain the bid security submitted by Imperial and Ryan Contracting until the contract has been executed. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CITY HALL REFINANCING Treasurer Shaughnessy reviewed the bids received for refinancing the City Hall lease. Councilmember Krebsbach moved adoption of Resolution No. 94- 26, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS APPROVING THE ENTERING INTO OF A LEASE WITH OPTION TO PURCHASE AGREEMENT WITH FBS INVESTMENT SERVICES AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS," awarding the bid to FBS Investment Services for its low rate of 5.2469% and cost of $331,606.25. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. CAO 94 -01, Mayor Mertensotto opened the meeting for the purpose of a HUNTER public hearing on an application from Dr. Steven Hunter for a critical area variance to allow construction of a deck at 1171 Orchard Place, cantilevered over the bluff line and extending six feet past the existing foundation of a summer house which was destroyed by fire. Dr. Hunter explained that the house which burned down was very large and that he felt comfortable requesting to build a deck on the original house pad. He explained that the proposed six foot distance of the cantilever will create an interesting design and that he can build it himself using standard building materials. He informed Council that Planning Commissioner Koll was concerned over setting precedent by allowing the deck to extend beyond the foundation. He stated that he lost an asset when the summer house burned down and felt that he would be setting a good precedent Page No. 3969 April 5, 1994 since he is asking to restore a structure to less than what originally existed. Councilmember Smith stated that she believes the Commission's concern was extending the deck further out into the critical area than the existing foundation. Dr. Hunter responded that under the strict reading of the ordinance, every inch of the deck would be in violation, as it is entirely within the critical area, as are the homes in the Culligan Addition. He felt the issue is one of reasonableness. Mayor Mertensotto stated that the applicant needs a variance from the Critical Area Ordinance which does not allow building within 40 feet of the bluffline. He further stated that the summer home was originally Mr. Hunter's father's and was built before the ordinance was adopted. He stated that it appears that the two dissenting Planning Commission members voted against the request because the Planning Consultant report stated that additional vegetation should be planted and those Commissioners felt that the plantings would die for lack of sun. Dr. Hunter responded that several times during the spring and summer he has to beat down the existing vegetation, and that he feels it is not a question of whether new vegetation will grow but rather how fast it will grow. He informed Council that the deck will not be visible to anyone but his family. Mayor Mertensotto expressed concern over the safety of those who will use the deck. Counciimember Smith responded that the existing foundation is more of a hazard (than the deck would be) since it has no railing. She also pointed out that the existing foundation extends beyond the slope of the hill already. City Attorney Hart pointed out that if the application is approved, the city would not be taking on any liability with respect to improving safety, but rather would just be approving the reconstruction of a structure in the exact location where it originally existed. He stated that there is no city liability over safety. Councilmember Krebsbach stated that she will support the Planning Commission and vote against the request. She explained that when she sat on the Planning Commission, the Commission had to make many difficult decisions to protect the bluffline, including requiring Page No. 3970 April 5, 1994 one applicant to remove an existing sun room in order to build a pool. Mayor Mertensotto pointed out that this is a situation which is unsafe now and something must be done. He stated that he would rather that the deck be approved than to have someone be injured. Councilmember Smith stated that she supports approving a deck but q- destioned how much of a cantilever should be allowed. Dr. Hunter responded that there is nothing magic about the six foot cantilever, and that it is just something he can do with standard building materials. He explained that he took the plan to an engineer and asked how far out he could cantilever safely and was given the six foot figure. He felt that the one foot recommended by the Planning Commission would look like it was done in error. Administrator Lawell stated that the plan that was submitted to the Planning Commission was for the six foot cantilever option. The Planning Commission conducted a public hearing and a motion to approve the plan died - a motion to allow a one foot cantilever passed unanimously. Responding to Council questions, Dr. Hunter stated that the existing foundation is 20 by 20 feet and his proposal is for a 20 by 26 foot deck. Mayor Mertensotto stated that if Council is to approve the application, it must find that this is a unique situation because of the location of the foundation and because of the fire which left only the original foundation. He further stated that one condition would have to be that Dr. Hunter undertake a project to restore the vegetation that was scarred by the fire. Dr. Hunter responded that the fire was six years ago and the vegetation came back within two years - a big oak tree and a linden tree were lost. Mayor Mertensotto responded that a condition will be to plant vegetation on the bluff to prevent erosion. Councilmember Smith stated that she could support the request based on the fact that this is a very unique situation - what is being built is considerably less than the original structure and will have far less impact than the original structure. Ayes: 4 Nays: 0 Page No. 3971 April 5, 1994 Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Koch moved to close the public hearing. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach stated that she would vote against a motion to approve the application as requested based to support the vigilance of the Planning Commission in their protection of the bluff. Councilmember Koch moved to find that a unique situation exists 1. because of the location of the property; 2. because a major fire which destroyed the original structure that was located on the foundation, and 3. that the proposed deck will finish off the foundation and protect someone from falling off the foundation and further moved to approve the application on the condition that the applicant agrees that the city will make a part of the application the report from Structural Engineer Jerry Palms certifying that the deck addition meets all codes and on the further condition that the applicant will stabilize the scarred area to prevent erosion. Councilmember Smith seconded the motion. Ayes: 3 Nays: 1 Krebsbach ASSOCIATED BUREAUS Council acknowledged a memo from Administrator Lawell regarding a request from Associated Bureaus for a certificate of completion for its facility at 1500 Commerce Drive, which would find that the building meets the standards set forth in the TIF contract and would permit payment of tax increment financing for the project. Mr. John Giblin, legal counsel for Hurley Partners, stated that Associated Bureaus project is subject to a contract for private development with the city wherein the city will give certain TIF benefits to Hurley Partners. He summarized the overall TIF issue, stating that the building is completed except for final grading and landscaping. He explained that a question has arisen with respect to the west wall of the structure and initial representations that the building would be brick on all sides. He stated that during construction, it was determined that the building would cost much more than anticipated and a decision was made that since the west wall is not very visible, costs could be reduced by using block rather than the brick used on the other sides. He noted that this decision Page No. 3972 April 5, 1994 was not brought to the city for approval. Mr. Giblin stated that Hurley Partners is now in the position to do final financing for the structure and it is crucial to get a certificate and financing because interest rates are rising. He explained that Mr. Hurley is asking the Council to consider approving a primer and two coats of paint on the west wall that will blend very closely with the appearance of the remainder of the building. He stated that it is the position of Hurley Partners with respect to architectural advice it has received that there will be no discernible difference in every viewing of the building and that Hurley has adhered in all respects to the contract for private development. He further stated that the building surpasses the cost in the contract for private development and many of the costs identifiable for TIF have been surpassed. Mr. Ron Smith, architect for the project, stated that the face brick on the west wall was omitted when the specification documents went out for pricing. He explained that the documents were revised in May of 1993, prior to construction, and the brick exterior was replaced with single scored concrete block. The wall construction is the same as all of the other walls in the building, and the applicant proposes to apply a masonry primer coat and two coats of masonry paint to match the color of the rest of the building. Mayor Mertensotto sated that his recollection is that Associated Bureaus appeared before Council to request $694,000 TIF benefit for the project on three occasions. He further stated that during those discussions, a representation was made that there would be brick on all four sides of the structure. He pointed out that there are older buildings in the industrial area that have painted block but since United Properties began developing the park Council has required that all buildings be finished on all four sides to avoid painted block walls. He stated that it is not that Council does not value the Associated Bureaus structure in the community but that Council is disturbed by the representations made when $694,000 was requested for TIF with $500,000 up front, which is the largest up front contribution ever authorized, only to find out that the building was not constructed as approved and the applicant, Hurley Partners, did not even get Council approval for a change. He regarded the change as an inexcusable error on Hurley Partners part, that they did not bring a request to Council when they authorized a change in the west exterior. He informed Mr. Hurley that Council could ask him to put brick on all four sides as had been agreed upon. Mayor Mertensotto stated that he contacted United Properties and asked what had been represented to them by Hurley Partners and Page No. 3973 April 5, 1994 United Properties told him that they understood there would be brick on all four sides. Councilmember Smith stated that Council meeting minutes reflect that Hurley Partners agreed to brick on all four sides of the structure. Architect Smith showed pictures of the structure, stating that he feels that painted block will look just as good as the brick from a distance. Mr. Jack Hurley, from Hurley Partners, stated that he found out about the change about ten days ago when he submitted the paper work to the city for a completion certificate. He explained that he hired the architect and general contractor to build the building and assumed that the building was going to be designed with brick on three sides with a decorative band on all sides. He stated that the change was not made during construction but rather before construction started. Mayor Mertensotto responded that Council approves all commercial buildings in the city and is very concerned about finishing on all four sides. He pointed out that even the Mn/DOT building, located near Associated Bureaus, has brick on all four sides. Mr. Hurley stated that he has always been concerned about the aesthetics of the building, and feels that the building surpasses the quality of all of the buildings in the adjacent areas. Mayor Mertensotto asked Mr. Hurley what his reaction would be if someone made a representation to him when seeking approval of a project and later made a change. Mr. Hurley responded that he did not think that the change in the west wall exterior was a material change. He informed Council that there is no access to the back of the building. He stated that when someone looks up at the building from T.H. 13, what they would see is from the windows up and the semis parked at the Hudson building on T.H. 13. He felt that between the decorative band on the building and paint to blend with the rest of the structure, those driving on T.H. 13 would not be able to tell a difference between the brick and the painted block. Councilmember Krebsbach stated that the west side of the building is very visible from the highway, pointing out that it is a huge building. She asked whether some other approach can be taken, such as using brick on the section of the wall that comes out. Page No. 3974 April 5, 1994 Mr. Hurley responded that he would have to take out windows and disrupt employees. Councilmember Smith pointed out that there was originally some discussion as to whether the Associated Bureaus building would be appropriate development for the site because of air noise, and that Mr. Hurley knew that air noise would be a big hurdle to overcome. Mr. Hurley responded that he put all of the money the city extended for sound attenuation into noise attenuation. Mayor Mertensotto stated that the issue is that Hurley Partners made a representation in order to get TIF from the city and is now asking for $500,000 in up front financing. He pointed out that Council had the right to expect that the structure would be built as originally represented and that Mr. Hurley should have come before Council for approval before making a decision to change the exterior treatment on the west wall. Councilmember Smith stated that when she voted to approve TIF funding, she was happy to do so with the knowledge that the action would ensure quality development in the industrial area. She stated that quality development is not only to serve those in the area but also to present a good looking face to others. She informed Mr. Hurley that she is distressed by the change in exterior treatment, since Highway 13 is the city's window to the rest of the metro area, and painted block does not present the image Council had in mind when it approved the project. Mayor Mertensotto stated that Council does not put in time for nothing but rather takes its job very seriously and is very proud of the industrial park and the way it is developing. Mr. Hurley responded that the same could be said for the commitment he made to the building. He stated that he did not cut corners in constructing the building and spent well in excess of what he had told Council would be spent on the project. Mayor Mertensotto pointed out that the south end of the building and the loading dock has no screening. Mr. Hurley responded that a wall was put in for screening from the north and that he didn't build the building trying to cut corners. Page No. 3975 April 5, 1994 Mayor Mertensotto suggested the following conditions: that the wall should be sealed with two coats of rubber based paint and that the paint must closely match the brick color; that the architect should prepare a landscape plan, including large trees, for the west side of the building to undo the block nature of the expanse of the 670 foot block wall, to minimize the block wall effect. He pointed out that this landscaping must be in addition to the Associated Bureaus original landscaping plan which had been approved by the city. Mr. Hurley did not think landscaping would be seen from the highway, stating that all that will be seen of the building from T.H. 13 is the windows. Mayor Mertensotto responded that the whole building can be seen from traffic coming from the south on T.H. 13. He stated that the city must require an escrow for the landscaping, and suggested that the escrow be $50,000, so that $450,000 of the up -front TIF would be paid to Hurley Partners. The escrow would be held until such time as a plan has been approved and developed. Mr: Hurley asked that the escrow be taken out of the note rather than from the up front money. Mayor Mertensottto responded that taking the escrow out of the note would be meaningless and that under the circumstances he feels that a $50,000 escrow to cover an extensive landscaping plan would perhaps be what it would take to get approval of the completion certificate. Mr. Hurley responded that the city gave him TIF for sound attenuation and he spent far more than the TIF amount to do the attenuation. Mayor Mertensotto stated that the TIF request was for $500,000 in up front money and the balance in pay -as- you -go financing. He pointed out that Council has never given so much TIF up front. He stated that Mr. Hurley came before Council and made representations on what he would do and Council expected that the project would be built as represented or that Mr. Hurley would come before Council to get approval before making any changes. Councilmember Krebsbach asked whether some brick work can be done, stating that the west side of the structure is the public side of the building and that she would like to see a more finished look. She suggested that it might be appropriate to withhold an amount Page No. 3976 April 5, 1994 greater than $50,000 for landscaping on the west but stated that she would support the Mayor's suggestion. Councilmember Smith stated that she feels a portion of the wall could be brick, pointing out that from the approach from T.H. 13 , brick would do a lot to break up the expanse of concrete block. Mayor Mertensotto stated that he feels that withholding the $50,000 escrow and requiring an extensive landscape plan for the west wall, to be approved by the City Planner and staff, in addition to the landscaping plan submitted for the building, is an appropriate requirement. Architect Smith stated that the landscaping originally planned for the west side was all natural. Mr. Hurley stated that screening off the view would defeat his purpose of building on the site because of the view. Councilmember Koch asked what maintenance will be on the paint that is proposed to be applied. Mr. Smith responded that there will be a ten year maintenance program. Pointing out that the owners should have come before Council before making any change in the building, Councilmember Smith stated that for the $25,000 which was saved by not using brick, Council would have made some other concession rather than block. City Attorney Hart asked whether the proposed escrow would cover other items as well as the landscaping plan, and if the escrow would be disbursed immediately upon completion of the landscaping plan or upon planting in accordance with an approved plan. It was the consensus of Council that landscaping which would meet Council's intent to effectively break up the expanse of block wall would cost approximately $50,000 and that a $50,000 escrow should be withheld from TIF to cover landscaping for the west wall, with the stipulation that there would be no release until plantings are completed in accordance with an approved plan. It was the further consensus that taller plantings, 10 to 12 foot tall trees perhaps planted in groupings, should be planted to break the expanse of block. Councilmember Smith pointed out that the intent is not to block the view from the building but to break the expanse of building. Page No. 3977 April 5, 1994 / Councilmember Krebsbach moved to authorize the issuance of the Certificate of Completion for the Associated Bureaus project and the payment of tax increment up front funds, with the following conditions: 1. that the block wall will be painted with two coats of masonry latex paint over one coat of masonry primer; 2. that the wall will be painted, to the greatest extent possible, to blend and match the hue and intensity of the predominant brick used in the building; 3. that the developer will prepare an extensive landscaping plan to dress up the two west - facing block wall sections to effectively break up the expanse of block wall, and that the plan be subject to approval by City Planner Uban and city staff; 4. that, in order to ensure the completion of the landscape plan for the west side of the building and planting in accordance with the plan, the city will reserve a $50,000 escrow out of the $500,000 up front payment from TIF, no release of the escrow to occur until the landscaping plan has been approved and planting has been completed. Counciimember Smith seconded the motion. Ayes: 4 Nays:0 CASE NO. 94 -05, CONSTABLE Mr. Dave Constable, representing the R.L. Johnson Warehouse, was present to request approval of variances to allow 16.8 percent landscape /green area coverage, a 20 foot building setback variance from the Pilot Knob Road right -of -way, a variance to the required setback for a sign, and a variance from the required number of parking spaces, all necessitated by the Mn/DOT taking of right -of- way from the warehouse property. Mr. Constable reviewed drawings of the site as it exists and the impact the Mn/DOT taking of land for T.H. 13 and T.H. 55 and the impact of the widening of Pilot Knob Road. He explained that the original construction met all city codes but with the Mn/DOT taking, R.L. Johnson is asking for variances so that it again meets all requirements so that if there is a future sale of the property, the new tenant would not have to come before the city to get variances if they are needed. Mayor Mertensotto stated that variances run with the land, and suggested that Council consider granting a conditional use permit for the building in its existing location, in which event the building would be in conformance as long as it exists. Page No. 3978 April 5, 1994 Mr. Constable stated that the property does not meet all parking requirements - there was parking on the area of land being taken by Mn/DOT. He explained that the prominent use of the building is warehousing in one part and printing in the other. He explained that 347 parking spots were required and that he is asking for approval of 276 spaces, which he felt would be ample. He stated there are 48 truck parking spaces, more than are needed, and those spaces could be the proof of parking. Mayor Mertensotto informed Mr. Constable that the light standards are not allowed to reflect off the premises. Responding to a Council question, Mr. Constable stated that the ponding area is owned by R.L. Johnson, who is also responsible for maintenance, and the pond has been left natural.. With respect to the green space percentage, Councilmember Smith asked if the applicant could add some ground cover or shrubs in the parking area. Mr. Constable responded that this could be done, but because of the salt used to keep the parking lot clear of ice in the winter landscaping materials would likely not survive. Responding to a question about the sign variance, Mr. Constable stated that he does not currently have a plan at this time and is only asking for a variance for sign location. Mayor Mertensotto pointed out that the variance would only be for setback distance and that Johnson must still come before Council for approval of the sign itself. With respect to the concern over variances running with the land, Attorney Hart stated that if the approving resolution is clear that the variances are for the existing structure only, the concern should be resolved. Mayor Mertensotto responded that he is concerned that if this were to become a trade school, for example, there would not be sufficient parking, and also if the use of the facility changes, the parking needs could change significantly. He stated that he would like to see a proposed resolution to approve a conditional use permit, at the April 19 meeting, with conditions and terms stated so that there is no confusion. It was the consensus of Council to direct staff to draft the appropriate resolution for consideration on April 19. Page No. 3979 April 5, 1994 CASE NO. 94 -03, TUMINELLY Mr. Carmen Tuminelly was present to request approval of the subdivision of a 3.43 acre lot located at 911 T.H. 110 Frontage Road. He explained that no changes have been made to the plan recommended for approval by the Planning Commission. Mayor Mertensotto asked about the hydrant which is located on Lot 2. Public Works Director Danielson responded that the hydrant was placed in its location for various reasons other than for fire purposes. Mr. Tuminelly stated that hydrants will be installed as part of the development and there is no need for the existing hydrant. Mr. Tuminelly stated that he will remove as few trees from the site as possible, stating that there are a number of spruce trees in the area of the frontage road which can be moved and relocated on the site - no trees will be taken off the site. Mayor Mertensotto asked what Mn/DOT proposes to do with the access road. Public Works Director Danielson responded that he and Mr. Tuminelly are scheduled to meet with Mn/DOT to discuss the question. Mayor Mertensotto stated that he does not feel that Mn/DOT should turn the frontage road over to the city unless they bring it up to city standards. He also stated that Mn/DOT should install a turn lane from the east on T.H. 110 and improve the access point from T.H. 110. He pointed out that Council will not entertain the idea of accepting the service road for maintenance until Mn/DOT brings it up to city standards. Mr. Tuminelly stated that he will not pay to have the entire road brought up to standards just because he proposes a four home development. He further stated that the road serves the Crown Point neighborhood and it is a community road. Councilmember Krebsbach moved to approve the preliminary plat for the Carmen Court subdivision. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 COHEN DRAIN TILE Mr. Phil Cohen, 644 Pond View Terrace, was present to request approval to connect his home's perimeter draintile into the city's storm sewer. Page No. 3980 April 5, 1994 Mayor Mertensotto stated that when Council discussed the request with Mr. Cohen last fall, Council asked the City Attorney to prepare an agreement and had given preliminary approval to the request. He pointed out that Mr. Cohen's legal counsel has prepared changes to the proposed agreement, and stated that the changes shift the liability from Mr. Cohen to the city by addressing it.as a public works project. He stated that what the city would be doing is facilitating the solution to a private problem, and the city will not accept any responsibility or liability for freeze -ups, as an example. He informed Mr. Cohen that the agreement drafted by Attorney Hart absolved the city from any liability, but it has been re -written by Mr. Cohen's counsel so that the city would have to enter into an agreement with Mr. Cohen's engineer. He stated that the agreement must be between the city and Mr. Cohen as the landowner. Mr. Cohen responded that he wants to put in 4 inch PVC pipe, buried five feet deep, from his house to the city street and entirely within the easement area. He felt there would be exceedingly minimal risk and stated that in his view the city has some small responsibility and liability and will receive a benefit. He explained that throughout the years he has had to expel water from his basement outside, either to the front of his property, leaving a green slime, or behind the house along the drainage easement - which damages the city sidewalk. Mayor Mertensotto responded that Council had agreed the city would help, but now the nature of the agreement is split into two so that there is now a proposed agreement between Mr. Cohen's engineer and the developer and the city would take over the line and its maintenance. He informed Mr. Cohen that the maintenance should be shared by those who will use the draintile, and stated that the city will not assume its maintenance responsibility. Mr. Cohen responded that it would be just an extension of the city storm sewer, and he felt that maintenance should be the responsibility of the city. Mayor Mertensotto stated that the proposed drain the solution is fine, but not the responsibility - stating that if the city did not maintain the line it could be underwriting the liability if it were to plug up in the winter. Mr. Cohen responded that if it plugs up because of freezing, he would be happy to hold the city harmless but if it has to be maintained he did not know how he could enter onto a neighbor's property to maintain it. Page No. 3981 April 5, 1994 Mayor Mertensotto responded that Council is not going to spend a lot of money on the problem, pointing out that the City Attorney's fee on the matter is already $350. He stated that this is not a city problem and while Council wants to assist Mr. Cohen in correcting the problem, it does not want to underwrite the liability. Mr. Cohen stated that he cannot see his neighbors signing an agreement to release the city - the pipe has to cross the land of three neighbors. Mayor Mertensotto responded that Council wants the engineering firm that designed the system to certify that it will be acceptable for Minnesota winter conditions. He further stated that the city will not maintain that portion of the line that is on Mr. Cohen's property. He stated that the agreement drafted by Attorney Hart was fine but that it is very different as Mr. Cohen's attorney split it. He informed Mr. Cohen that any of the neighbors who connect to the line must absolve the city from any liability. City Attorney Hart explained that the pipe will cross neighboring properties at some point and by signing the agreement as originally j drafted they would be acknowledging that the city has no liability for the engineering, design, construction, etc., of the line. He further stated that the city will not maintain any portion of the line that is running across private property. He explained that by the agreement, the city would be released from any damages from freezing, thawing, etc. Mr. Cohen asked how he could go about making the project a public improvement project. Mayor Mertensotto responded that the city would design and engineer and install the improvement and would then assume the responsibility. Administrator Lawell stated that if a public improvement project were to be done, the route which would need to be used would only hook two properties into the system yet it would pass five abutting properties. He informed Mr. Cohen that the city would be hard pressed to show benefit to those properties. Mayor Mertensotto suggested that in the agreement drafted by Attorney Hart, perhaps the term "non- users" should be used - the city would need to get a release from them on the design and construction. Page No. 3982 April 5, 1994 Attorney Hart stated that the "owners consent" states that the property owners just acknowledge that the city has no liability for the design, etc. and that perhaps it should say that the design, engineering and initial construction of the project is the sole responsibility of Schoel, Madsen and Copperfield Associates. Mayor Mertensotto stated that the agreement must be one agreement, not two separate agreements as prepared by the Cohen attorney. He further stated that the city is not going to maintain the draintile as a public works activity unless it is installed as a public improvement project, and the city will only maintain that part that is in the public right -of -way in the street. Mr. Cohen asked if the city will maintain the part in the utility easement area. Public Works Director Danielson responded that the easement area is just a platted five foot drainage and utility easement on the plat and there is no language on rights. Attorney Hart stated that the agreement as he drafted it had much broader release language - it stated that the city would undertake to maintain that portion lying within the dedicated public easement area. Mayor Mertensotto responded that maintenance is costly and he did not know why the city should get involved in maintaining lines on private property. Councilmember Smith pointed out that it is the responsibility of the individual home owner to take care of flow from his sump pump. Mr. Cohen responded that if he could do that he would, but he has three neighbors to deal with, and there are extraordinary ground water problems. He stated that the neighbors have no risk right now but if he puts the pipe in their drainage easement they will imagine they have some risk. Mayor Mertensotto stated that Mr. Cohen is asking the city to maintain the line and underwrite the risk, but that this is not a public improvement project where the city would acquire easements, engineer and build the project. City Administrator Lawell stated that the minutes from the original discussion on the Cohen request reflected that the home owners would pay the city's legal expenses, but that Mr. Cohen has only paid $150 of the $350 which has been billed by Attorney Hart. He Page No. 3983 April 5, 1994 asked whether Council wished to have the City Attorney continue with the matter. Mayor Mertensotto stated that he did not - that Council would not have the city attorney negotiate with Mr. Cohen and his counsel and generate additional fees. He instructed Mr. Cohen to come back to Council if he thinks that, with minor modifications, the agreement drafted by Attorney Hart can be used. NORTH KENSINGTON PARK Council acknowledged a memo from Assistant Batchelder regarding retention of landscape architecture expertise and the design of North Kensington Park. The memo suggested two options for the College of Landscape Architecture at the University of Minnesota to provide landscape design: to contract with the department's landscape study center to do the work as a summer project (professors and graduate students as a team); or to advertise through the Landscape Architecture Department for a graduate student. A third suggested alternative was to solicit proposals from professional landscape architects. Mayor Mertensotto stated that he is looking for something innovative and different which might come out of a landscape architecture course. Assistant Batchelder responded that the majority of the $30,000 proposed budget for the park would be spent on landscaping - barbecue pits, picnic benches, etc. are minimal cost. He informed Council that he is not sure that the professors and teams of students would feel that the scope of the project is large enough, and stated that the Graduate Advisor suggested the second option. Councilmember Smith stated that she is familiar with the college programs for student projects and she was surprised by the projected fees (rather than simply reimbursement for expenses) because if a fee is charged, there would be greater liability for design problems. Assistant Batchelder suggested that perhaps an ad should be placed in the Landscape Architecture Department's newsletter and on its bulletin board, for a fee of perhaps $1,500, to see what kind of interest there is. Park Commissioner Stan Linnell stated that a student involved project would be a good way to get some creative ideas, but that the student working on the project would likely not be experienced in getting a project built. He pointed out that if the first option were selected, the project would be delayed until perhaps next year. He recommended that a professional landscape architect be retained. Page No. 3984 April 5, 1994 Mayor Mertensotto responded that the city's experience has not been particularly good in the past - architect services for Mendakota Park, as an example, cost considerable money, yet the Park Commission did most of the work on design. Councilmember Smith stated that her concern about retaining a student is that the lack of experience in what will work - she felt there would possibly be greater potential for creativity but that the city needs a viable plan rather than just creative ideas. Assistant Batchelder asked about the budget for the park - $20,000 or $30,000. Councilmember Smith suggested a range - basic park design for $20 - 25,000 and an enhanced plan for an additional $10 - $15,000. Mayor Mertensotto directed staff to place an ad on the Landscape Architecture School bulletin board, stressing creativity in the ad. AIRPORT RELATIONS Council acknowledged a memo from Administrator Lawell COMMISSION APPOINTMENT regarding the appointment of an Airport Relations Commission member. It was the consensus to defer making an appointment until after Council and the commission conduct their joint workshop. CITY LINK LIVE Council acknowledged a memo from the City Administrator regarding the NDC -4 interest in exploring the possibilities of a new, live program on the Government Access Channel called "City Link Live ". The program is intended to be a live, 10 to 15 minute update on recent council actions and city news, etc., and would be broadcast live immediately preceding City Council meetings. It was the consensus of Council to support the program on a trial basis, that the broadcasts should be fifteen minutes long, with the Mayor and Councilmembers hosting the program on a rotating and providing their own scripts. Mayor Mertensotto volunteered to host the first broadcast. DELAWARE AVENUE Council acknowledged a memo from Public Works Director SPEED LIMIT Danielson and communications from the West St. Paul Police Chief and Det. Sergeant Wicks, in response to a request from Sunfish Lake Mayor Frank Tiffany for Council support for a reduction in the speed limit on Delaware Avenue between T.H. 110 and I -494. After brief discussion, Councilmember Smith moved adoption of Resolution No. 94 -26, "RESOLUTION REQUESTING THAT Page No. 3985 April 5, 1994 DAKOTA COUNTY TAKE APPROPRIATE ACTION TO HAVE THE SPEED LIMIT ON DELAWARE AVENUE (CSAH 63) REDUCED BETWEEN TRUNK HIGHWAY 149 AND I- 494," revised to specify a requested limit of 40 mph. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 VICTORIA ROAD Council acknowledged a memo from Public Works Director Danielson with respect to the widening of Victoria Road at its intersection with Lexington Avenue. It was the consensus of Council to wait until Mn/DOT completes its work on the Mendota Interchange project, and at that time consider a city project to complete the widening by day labor. Councilmember Smith stated that she feels that the school bus drivers have expectations that the intersection will be widened, which is why they have not complained further about the width. FRONTAGE ROAD Councilmember Smith noted that earlier in the evening there had MAINTENANCE been discussion that Mn/DOT is trying to turn back frontage roads. She pointed out that Mendota Heights has an extensive frontage road system given all of the highways in the city. She saw no reason the city should have to accept the turn backs from the state, pointing out that in many cases, they serve as highways as much as they serve as frontage roads. She further stated that Mn/DOT has made representations that people will use the frontage roads rather than the highways. It was the consensus to discuss the issue at the joint Council/Planning Commission workshop. ENGINEERING STAFFING Council acknowledged a memo from Administrator Laweil regarding engineering department staffing issues, and recommending the reclassification of Shawn Sanders as Civil Engineer I. Responding to a Council question, Administrator Lawell stated that the recommended action would create an additional permanent position but does not increase the number of employees in the engineering department. He further stated that Shawn has been with the city in a full -time temporary position for nearly four years. With respect to the recommendation that the compensation be retroactive to January 1, he stated that Mr. Sanders has been functioning as the replacement for former Engineer Eckles since that date. Councilmember Smith moved to reclassify and adjust the salary of Shawn Sanders, Civil Engineer I, to Grade XVIII, Step A, of the Page No. 3986 April 5, 1994 City's Position Placement and Pay Classification System, at the annual compensation of $28,988 effective with the first pay period of 1994. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 JOINT WORKSHOP Councilmember Krebsbach moved to conduct the joint Council/Planning Commission workshop on T.H. 55 land use planning and turn back of frontage roads on Thursday, April 21 at 7:30 p.m. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember moved that the meeting be adjourned. Councilmember seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:50 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor April 50 1.994 Concrete License Greystone Masonry Inc. Mike Nelson Masonry & Concrete Inc. Excavating License Keith Dahn Construction FM Frattalone Excavating Rayco Excavating St. Paul Utilities Inc. Sumco Inc. Gas Piping License Bonfe's Plumbing Service General Contractors License Automatic Garage Door & Fireplaces Holst Excavating Inc. Earl Weikle & Sons, Inc. Drywall License Korkowski Drywall, Inc. Rubbish Contractors License Action Disposal Systems/BFI