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1993-09-23 Council minutesPage No. 3763 September 21, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 21, 1993 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, Krebsbach and Smith. Councilmember Koch had notified Council that she would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the September 7, 1993 regular meeting with corrections. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith 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 September 14, 1993 Park and Recreation Commission meeting. b. Acknowledgment of the minutes of the September 8th Airport Relations Commission meeting. c. Adoption of Resolution No. 93 -53, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR STREET RECONSTRUCTION OF CURLEY VALLEY VIEW ADDITION (IMPROVEMENT NO. 93, PROJECT NO. 4)." d. Adoption of Resolution No. 93 -54, "RESOLUTION REVISING CABLEVISION POLICY." Page No. 3764 September 21, 1993 e. Acknowledgment of the Treasurer's monthly report for August. f. Acknowledgment of the Fire Department monthly report for August. g. Adoption of the 1993/1994 Target Issues. h. Adoption of Resolution No. 93-55, "RESOLUTION DEFERRING PAYMENT OF A PORTION OF ASSESSMENTS (IMPROVEMENT NO. 93, PROJECT NO. 2),11 with respect to the deferment of the Kane assessment. i. Appointment of Jeffrey Menden as probationary police officer, effective September 28, 1993, with salary and benefits in accordance with the Police Department labor agreement. j. Acknowledgment of bids for the Mayfield Heights Diversion Project and award of the contract to Danner, Inc., for its low bid of $66,383.40 for the plastic pipe alternate. k. Acknowledgment of bids for the Marie Avenue Overlay project and award of the contract to Bituminous Roadways, Inc. for its low bid of $44,673.00. 1. Approval of the list of contractor licenses dated September 21, 1993 and attached hereto. m. Approval of the list of claims dated September 21, 1993 and totalling $755,530.26. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 93-18, Council acknowledged an application from THARALDSON DEVELOP- the Tharaldson Company for a conditional use MENT COMPANY permit to construct a motel on part of Lot 3, Block 6 of the Mendota Heights Industrial Park. Council also acknowledged the following communications: letter from Tharaldson regarding a landscape plan upgrade which would be made if the current landscaping plan is not adequate; letter from Courtyard by Marriott in support of the project; letter from Ruud Lighting regarding parking lot lighting; Page No. 3765 September 21, 1993 letter from Lightowler Johnson Associates regarding storm water detention and runoff calculations; memo from Public Works Director Danielson regarding Planning commission concerns and recommendations; memo from the Fire Chief regarding fire safety concerns; a report from the City Planner; and a letter from Tharaldson giving a general overview of the proposed project. Mr. Ken Scheel, Project Manager for Tharaldson Company, other representatives of Tharaldson, and George Burkhards from United Properties were present for the discussion. Mr. Scheel gave a brief overview of the project. He stated that Council had approved a proposal from Tharaldson last fall for a conditional use permit for a motel that was designed to be a single user facility (Northwest Airlines). He informed Council that Northwest did not complete the transaction and Tharaldson has since determined that it would pursue the project on its own. He explained that the request is for a four-story, 115 room facility designed to meet the Marriott Corporation specifications. He stated that while the building will be owned by Tharaldson, Northwest has been negotiating again and it is Tharaldson's intent to operate the facility as a single user hotel called a Heritage Inn. He informed Council that he has met with the Police Chief and Fire Marshal since the Planning commission meeting and believes that all of their recommendations have been met. He stated that the Fire Marshall will be included in the fire system design planning. He explained that the roof line has been reduced to accommodate a request from the fire department, and the request for a sign along 1-494 has been withdrawn. Mayor Mertensotto stated that a blue roof would be very prominent but that a 4:12 roof pitch would soften the appearance of the design regardless of whether the roof is light blue, as recommended by the Planning Commission, or dark blue as had been originally proposed and would not require a variance. He further stated that he would have no objection to approving only the signage needed for identification of the building at this time, if Northwest is a single user, and allowing the applicant to reserve the right to come back and request a Page No. 3766 September 21, 1993 larger sign if the facility becomes a Fairfield Inn, open to the public, in the future. Since the proposal is for use by Northwest at this time, he felt that 130 parking spaces would not be necessary . He recommended that the applicant be allowed to provide only the spaces that are necessary, leaving the rest of the parking area as green space, and that they provide a plan showing where the parking expansion area is in order to meet code requirements. At such time as the facility is opened to the public, the applicants would then need to come back to Council for parking approvals. Mr. Scheel responded that he would propose to provide enough of the rear parking to give the fire lane turn-around as requested by the Fire Department. He explained that Tharaldson has also decided to increase the height of the canopy to 121611 to accommodate fire vehicles. Councilmember Krebsbach stated that when she was on the Planning Commission she voted against the original conditional use permit application because she felt the structure was too large for the lot and not of high enough quality. She asked Mr. Scheel to explain how those issues have been addressed in the current plan and also what the life of such a structure is for use as a hotel. Mr. Scheel responded that the new proposal is for a four-story structure containing one more unit than was earlier proposed, and the units are much larger: the footprint of the building is smaller, providing more green space. Mr. Scheel stated that this will be the 25th Fairfield Inn type of project constructed by Tharaldson, and the company has done much upgrading on the design as it has gained experience. He explained that exterior is considerably upgraded from the first proposal, and showed Council samples of the exterior treatment material. He informed Council that the windows are larger than code requires and much larger than the typical motel window would be. The total cost of the building will be approximately $3.5 million. With respect to the question of building life, he explained that typical renovation on a building such as the one proposed starts in about five years and includes carpet replacement, etc. He informed Council that Tharaldson has an Page No. 3767 September 21, 1993 excellent record maintenance of its buildings. He stated that the life of a motel is more market driven than the life of other structures and that Tharaldson believes the market for the facility is very solid. Councilmember Krebsbach stated that Council was recently requested by the Marriott to authorize a convention and visitors bureau. She asked what Mr. Scheel's position would be on the matter. Mr. Roger Swahn, Vice President of Tharaldson Development, responded that the building will be used by a single user and it would not be in the best interest of Tharaldson to use 3% of its revenues to support a CVB. He explained that the firm's marketing is done from within its company, and that Tharaldson has never initiated a request and would object to a proposal for a CVB. Councilmember Krebsbach stated that it is not the Mendota Heights philosophy to try to attract tourism to the community. She asked how long Mr. Swahn anticipates the facility would serve as a hotel function. Mr. Swahn responded that his firm feels it will get to the level where it will quit building facilities in 15 years but will continue upgrading the design of its facilities for 15 years. He explained that the company has no forecast to sell its buildings and will continue to maintain and upgrade them. He stated that the life of the building for amortization purposes is 32 years. Councilmember Smith responded that the IRS regulation has been changed to 39 years. Responding to a question from Councilmember Huber, Mr. Scheel stated that the building will meet or exceed Air Noise Zone 3 noise attenuation requirements. With respect to Councilmember Krebsbach's comments about keeping Mendota Heights a quiet community, he stated that the hotel being proposed is about the best thing the city could ask for. He explained that the facility will be a limited service hotel, in the terminology of the hotel industry, because it does not have a restaurant or bar and will cause little impact Page No. 3768 September 21, 1993 on city services. Responding to a question from Councilmember Smith, he stated that the property grading and driveway slope have been changed at the request of the City Planner. The upper drive is now at street level, as is the lower drive. He informed Council that all storm water retention issues have been resolved and storm water will be adequately handled on the site. Councilmember Huber asked what changes will be made if the facility goes public. Mr. Scheel responded that nothing will change except that • meeting room will be converted to allow for • pool, a provision for which has been made in the design plan. There is no intent to provide food service in the future. With respect to a question on parking needs, Mr. Scheel stated that possibly half of the 134 spaces required by ordinance are needed. He informed Council that parking areas will be concrete rather than blacktop. There was discussion over the need for parking spaces versus green area. Mayor Mertensotto stated that he would rather see green area than hard surfaced parking area and felt that Council should defer the parking requirement while the facility is used as a Heritage Inn. Mr. Scheel stated that he would not want to drop the front parking at this time and proposed that 50 parking spaces be built in front. He explained that the parking that faces the Marriott or the parking right at the front door. Council discussed roof pitch, and viewed an aerial photo of a similar facility. Councilmember Krebsbach stated that she prefers a higher roof pitch than 4.5:12 as requested by the Fire Marshal, but would support that request if it is for fire safety purposes. It was noted that item 6a of the Public Works Director's memo indicated that the Fire Chief agrees that the risk involved in a 5:12 pitch would be minimal. Mr. Scheel informed Council on the fire protection details and fire safety features in the building. He also informed Council that Page No. 3769 September 21, 1993 the design includes handicapped facilities on all floors to provide total fire separation. Responding to a question from Councilmember Krebsbach, Mr. Burkhards stated that there are about 37 acres of land between the freeway and Northland Drive to the east and that United Properties has always planned for a full service hotel on one end of the property: the remainder of the land will be developed with office buildings like ARRT and Solvay. He informed Council that one goal is to get an up -scale restaurant in the park but attempts have not yet been successful. He stated that the other tenants in the industrial park welcome the hotel and pointed out that even more money will be spent on landscaping the site than was spent on the Courtyard. Mayor Mertensotto asked if Mr. Burkhards feels that 80 parking spaces and elimination of the spaces to the north is feasible at this time. Mr. Burkhards stated that his suggestion for islands to soften the parking areas has been incorporated into the plan and since the facility will be used by Northwest Airlines for the next several years he would prefer to see more green space. He also did not feel that any impact would be caused by allowing the center of the roof to be 2 feet higher than code and did not feel that it would be noticeable. He pointed out that a normal residential roof has a 4:12 pitch. Councilmember Smith asked what the large room on the first floor called a dining room is. Mr. Scheel responded that it would be where the flight crew assembles in the morning and that whatever food is available will be catered in by Northwest. He explained that if the facility were a Fairfield Inn, the area would be used for continental breakfasts. Responding to a question from Mayor Mertensotto, Mr. Scheel stated that the pylon sign which had been requested is not needed now and that if the facility opens to the public in the future a variance will be requested at that time. He asked that Council give the City Planner and staff direction to reduce the parking and allow him to work with staff on the reduction. He stated that he would be comfortable with 50 to 60 parking Page No. 3770 September 21, 1993 spaces and agreed to reducing the parking spaces on Northland Drive. Mayor Mertensotto responded that the applicants would have to accommodate Council with landscaping and can reserve the right to come back to Council to discuss parking at such time as the facility becomes a Fairfield Inn. Councilmembers Smith and Huber indicated that they prefer the steeper roof pitch. It was the consensus that a dark blue shingled (upgraded) roof is preferred to light blue. There was brief discussion over the identification sign. Mr. Scheel stated that the Heritage Inn sign would be very much like the Marriott sign and would be about four to five feet above the ground. Mr. Burkhards did not feel there would be a problem with returning to Council at a later date to review a sign plan. Mr. Scheel agreed, but stated that he would like to begin the project. He also stated that it would be fine if Council wishes to record the expanded parking plan as Phase B of the project. Mayor Mertensotto suggested that Council grant a foundation permit this evening and direct staff to present a revised resolution, incorporating all of this evening's discussion points, for formal approval of the site plan, height variance and conditional use permit at the next Council meeting. Councilmember Huber moved to authorize the issuance of a footing and foundation permit to Tharaldson Development Company, subject to review and approval of grading and landscaping plans by city staff, submission of building plans meeting all code and ADA requirements and including an upgraded composite roof and 12 foot 6 inch canopy height, and further subject to submission of a revised site plan based on conditions discussed this evening, and to direct staff to prepare a revised resolution addressing all conditions discussed this evening and including a two foot height variance for inclusion on the October 5 consent calendar. Councilmember Smith seconded the motion. Ayes: 3 Nays: 1 Krebsbach Page No. 3771 September 21, 1993 CASE NO. 93 -11, Mr. Paul McGinley, representing Mr. & Mrs. BOBST Randal Bobst, was present to request approval of the division of a 1.22 acre lot, located at 676 Callahan Place, into two lots, along with approval of a variance to the requirement for 100 feet of frontage at the setback line. He informed Council that the applicants wish to build a home on the proposed new lot which would contain 23,000 square feet and the lot containing the existing home would be 30,000 square feet in size. He stated that the Planning Commission expressed concern that the original plan showed a shared driveway and recommended that the applicants find a way to separate the driveway. In response to that recommendation, the Bobsts have received permission from the neighboring property owner (William Knaus) to deed them a 25 foot strip of land prior to the platting to allow the separation of the two drives. Mr. Knaus would retain an easement over the triangular strip of property should he or a subsequent owner wish to subdivide in the future. He explained that although the Knaus property does have space to provide a driveway, the applicants felt it would be wise to leave the option open. Mayor Mertensotto pointed out that the area to be deeded by Mr. Knaus must be included in the final plat. Mr. McGinley stated that the second Planning Commission issue was that a fence belonging to the land owners to the west (Eschele) encroaches on the Bobst property. He informed Council that the parties have agreed that the Bobsts will deed six feet of their property to the Escheles, who have agreed to share in the cost of transferring the property. He stated that the Commission had also expressed concern over tree preservation, and that the updated plan which is before Council shows the trees on the site and on the surrounding property. He further stated that Mr. Bobst has agreed to move his house 20 feet to the south to preserve as many trees on the north side of the site as possible. He informed Council that the landscaping plan which has been submitted shows the additional trees proposed to be planted on the site. Responding to a question from Mayor Mertensotto, Mr. McGinley stated that the Page No. 3772 September 21, 1993 future house will be built on the building shown on the preliminary plat and the preliminary plat can be used for the purpose of building permit issuance, but the pad cannot be shown on the final plat. He informed Council that the Planning Commission was also concerned over the front to rear orientation of the houses in the area. He explained that the rear of the Knaus home is oriented to the front of the future Bobst home but there are many trees between the properties. The rear of the existing home to the east faces the side of the proposed house, and the rear of the proposed house will face the back of the other houses in the area. Mayor Mertensotto asked for questions and comments from the audience. Mr. Jim Weisbecker, 659 Wesley Court, stated that his back yard is adjacent to the subdivision and that he is concerned about drainage. He stated that his lot is low and he does not want it to become a drainage way. He also asked for assurance that the future house will be placed where it is shown on the preliminary plat. He stated that in general the home proposed to be built by the Bobsts is very nice, and asked what orientation a new house on the Knaus property would have. Public Works Director Danielson responded that he has visited the Bobst site and the neighboring yards. He explained that drainage comes from Callahan Place down through the Bobst lot currently and drains through the Weisbecker back yard. Another property owner, Mr. Mager, installed a drainage swale to the south side of his home when he built, and there is ample room for the drainage to get through. He explained that while the Bobst proposal will add some water to the drainageway, it is in place and functioning well. Responding to a question from Mayor Mertensotto on the possibility that people on Callahan may request that the street be upgraded to urban standards in the future, Mr. Danielson stated that the existing drainageway is the likely route storm sewer would take. He informed Council that staff has asked the applicants to grant an extra-wide storm sewer easements through the property and that the Weisbecker property is newly plated and utility easements are in place along the lot Page No. 3773 September 21, 1993 lines. He further stated that the applicants have submitted a grading plan which shows that the drainage pattern will continue as it is today. Mr. Weisbecker stated that his yard drains well now and he does not want it to be impacted. With reference to the location of the new home, Mr. Bobst stated that he would prefer to keep it at the ten foot setback to the north but moved the house ten more feet at the request of the Planning Commission to save some trees on the north side. He stated that this is as far as he wants to move the house and that the trees are boxelder and diseased elms. Councilmember Krebsbach asked if approval of the subdivision will open the neighborhood up to further lot divisions. Mr. Bobst responded that he has spoken to Mr. Knaus about the possibility of splitting his lot and he stated that he is not interested in subdividing as long as he owns the property. It was expressly indicated by Council that although Mr. Knaus would be conveying some additional property to the applicants for a separate drive, there is no implied consent that the property being deeded can be used as a shared driveway in the event of future subdivision of the Knaus property. Mayor Mertensotto suggested that Knaus join in the signing of the that they give their consent and that it be ascertained that the the Knaus property is willing to partial release. Mr. & Mrs. final plat so approval and nortgager of grant a There was brief discussion over the ability to remove and store snow from the driveway. Public Works Director Danielson stated that the Zoning Ordinance requires that driveways be five feet from a lot line and a variance would be required for the existing driveway. Mr. McGinley responded that a variance can be avoided if there is no conflict with narrowing the drive width from 30 feet to 25 feet. The driveway could then be moved 5 feet to the Page No. 3774 September 21, 1993 north, which would also resolve the snow storage issue. Councilmember Krebsbach moved to approve the preliminary plat subject to the conditions recommended by the Planning Commission, except the condition that the driveway be narrowed from 30 feet to 25 feet and except for the requirement for snow storage, and with the understanding that the footprint for the proposed new home will be in the location shown on the preliminary plat, and subject to Mr. & Mrs. Knaus receiving a release from their mortgagor and joining in the final plat. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 RECYCLING FUNDING Council acknowledged a memo from the Administrative Assistant regarding the city's 1994 application for county recycling funding. Assistant Batchelder briefly reviewed his memo, informing Council that the maximum amount of funding available to the city in 1994 is $7,006 Councilmember Huber moved adoption of Resolution No. 93-57, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF COMMUNITY LANDFILL ABATEMENT PROGRAM. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Assistant Batchelder informed Council that the County is working on a solid waste master plan and that the county has asked the cities to suggest uses for future funding. He asked Council to review his memo on the matter and give him any comments they may have. PUD ORDINANCE Council acknowledged receipt of the proposed AMENDMENT amendment to the PUD section of the Zoning Ordinance and a proposed summary of the amendment for publication. After brief discussion, Councilmember Krebsbach moved adoption of Ordinance No. 295, "AN ORDINANCE AMENDING SECTION 22, PLANNED UNIT DEVELOPMENT OF ORDINANCE NO. 401,11 and approval of the summary of the amendment, directing publication of the summary according to law. Ayes: 4 Councilmember Smith seconded the motion. Nays: 0 Page No. 3775 September 21, 1993 ST. THOMAS ACADEMY Council acknowledged a letter from St. Thomas Academy responding to Council questions with respect to its request to use a motorized pontoon on Rogers Lake for the collection of samples for environmental studies. Council also acknowledged a memo from Public Works Director Danielson in response to the request. Public Works Director Danielson briefly reviewed the request and expressed his support for approval. After discussion, Councilmember Huber moved to approve a variance, for academic purposes, to allow the St. Thomas Academy Science Department to operate a motorized pontoon on Rogers Lake consistent with its letter dated September 16th, that the activity be conducted on a maximum of eight dates, on the condition that the results of the analysis be reported to the city, and with the understanding that the approval makes no commitment to allowing the activity as an annual event. Ayes: 4 Councilmember Krebsbach seconded the motion. Nays: 0 CITY HALL USE Council acknowledged a proposed revised policy on community use of City Hall facilities and a letter from the City of Lilydale exploring the possibility of using City Hall as a meeting place for its City Council. Councilmember Krebsbach stated that she is less concerned over potential fees for use of the facility by Lilydale than she is about the symbolism which could be created. Councilmember Krebsbach moved that the Lilydale request be denied at this time. There being no support, Councilmember Krebsbach withdrew the motion. Councilmember Huber stated that he agrees with Councilmember Krebsbach to the extent that he would like Lilydale to keep looking elsewhere, and that he would like a longer explanation as to why they have no other options. It was the general consensus that Council would be reluctant to extend the Mendota Heights facility for regular use by non- residents. Staff was directed to notify Lilydale of the discussion. Page No. 3776 September 21, 1993 Council briefly discussed the proposed policy revisions. It was the consensus to revise the existing policy at this time to prohibit use of City Hall facilities during city office hours and to charge a fee to other governmental agencies for use of the facilities. Discussion on further revisions was tabled to November 2. COUNCIL COMMENTS Mayor Mertensotto expressed concern that the city may be supporting some of the costs for professional fees charged in connection with conditional use permit applications, particularly for commercial and industrial development. He felt that there should be a formal practice to bill applicants for extra expenses on planning cases. Staff was directed to review the city's existing fee schedules and to explore the possibility of a graduated fee schedule for planning cases. Mayor Mertensotto directed that a letter which had been submitted to Council with the recent Friday News, regarding cats and dogs in the Ivy Falls area, be referred to the Police Chief. He also referred to staff a letter he had received about ordinance violations on South Freeway Road. Responding to a question from Councilmember Smith, Mayor Mertensotto gave an update on the Burows farm matter. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Ayes: 4 Councilmember Smith seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 10:52 o'clock P.M. Kithleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL September 216 1993 Excavating License Coppin Plumbing Sumco Inc. General Contractors License Armstrong Rigging Century Fence Co. Kurth Construction, Inc. Rite Way Mobile Home Repair Valley Pools Inc. Stucco /Drywall K.M. Nelson Stucco Inc.