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2012-10-30 Council Worksession CITY OF MENDOTA HEIGHTS CITY COUNCIL WORKSHOP AGENDA October 30, 2012 – 5:00p.m. Mendota Heights City Hall 1.Call to Order 2.2012 Mendota Heights Par 3 Operations Review 3.Discussion of UndevelopedLots at Town Center 4.Discussion of Draft Commercial Property Maintenance Code 5.Adjourn 2. DATE: October 30, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Par 3 Wrap Up BACKGROUND After a brief stint filling the role of clubhouse manager this spring, I was very happy to have Jennifer Zweber join our staff in that role for the 2012 golf season. Ms. Zweber proved to be a nice change of pace to our previous clubhouse manager, and has put a lot of thought into our program offerings, as well as policies and procedures at the golf course. With Jens help, we are updating our training process, the policy and procedure manual and checklists for daily operations. Jen has created a new Senior Golf League, and is helping to refine program offerings for 2013 based on her observations from the 2012 season. Councilmember Vitelli thought it would be useful to have Ms. Zweber provide a recap of the 2012 golf season at the Mendota Heights Par 3 from her perspective. Attached you will find the Par 3 report for September 2012, which the city council has seen previously. Staff hopes to have up-to date numbers available for your review at the work session. BUDGET IMPACT None RECOMMENDATION Receive the report from Ms. Zweber; this is an opportunity to learn more about how the golf course operates on a daily basis. DATE: October 9, 2012 TO: Parks and Recreation Commission, Mayor and City Council FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Par 3 Update September 2012 BACKGROUND The Par 3 Golf Course finished the month of September 2012 with expenditures slightly ahead of revenues, bringing net revenue to just over $5,000. Revenues for the month fell slightly behind greens fees for September 2011, but expenditures for the same period were considerably less. Course revenues year-to-date are even with the same period for 2011. Improvements in walk-up rounds have offset losses in recreation programs. Clubhouse hours have been cut back in the mornings we currently open at 10:00 a.m. on weekdays, and 9:00 a.m. on weekends. The clubhouse manager has been authorized to close the clubhouse depending upon traffic and weather conditions. Clubhouse Manager Jen Zweber and I have met to discuss the 2012 season, and are revising programs, special offers and the communications plan, as well as policies and procedures. MAINTENANCE UPDATE Maintenance operations are winding down, and turf conditions at the course are good. Maintenance staff aerated greens and tee boxes and will continue mowing as long as it is necessary.Winterization will include treating greens for snow mold and applying sand, having the irrigation system blown out and removing cutting heads from the Tee Mower, Fairway Mower and Greens Mower. BUDGET IMPACT The attached monthly expenditure report shows revenues and expenditures through the end of September. The course has taken in $141,205 in revenues; expenditures for this period total $135,632. This results in net revenue over expenditure of $5,573 year to date. tm; šE 3. DATE: October 30, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Undeveloped Lots at Town Center BACKGROUND The approved PUD and Plat for the Mendota Heights Town Center included a mix of retail, office and residential uses. The project is substantially complete with the exception of the final phase of townhomes at Dodd Road and Market Street. The city currently owns three lots in this area: Lots One and Two of Block Three, and Lot One of Block Two. The development agreement called for the developer of the Village at Mendota Heightsto purchase these lots; the timeline for purchase of the property by the developer has long since expired. Recently, city staff hasfielded inquiries regarding the three parcels. Concepts discussed for the parcels include office,market-rate apartment housing and a senior residential cooperative. Staff is seeking feedback from city council on the intent for these parcels. The zoning and comprehensive land use guidance for these parcels allows for any residentialor commercial use other than industrial. City council is asked to discuss the best use for the parcels, and whether or not the city is interesting in selling the property for development in the future. BUDGET IMPACT The city has no remaining financial obligations for these lots. RECOMMENDATION If city council wishes to explore development of these parcels, staff recommends an appraisal of Lots One and Two of Block Three, and Lot one of Block Two, Mendota Heights Town Center. The appraisal could include an evaluation of the parcel either for commercial or residential development. 4. DATE: October 30, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Commercial Property Maintenance Code BACKGROUND At the direction of city council, a planning application was presented to the planning commission on May 22, 2012 to amend Title 12 of City Code to include a chapter on commercial property maintenance. The proposed ordinance would impact all properties in the Business and Industrial zoning designations. The planning application was deemed complete April 30, 2012, p legal newspaper. Notice of the proposed ordinance was also featured in weekly updates from the Dakota County Regional Chamber of Commerce, Mendota Heights Patch.com and the Pioneer Press. The proposed code establishes a standard for maintenance of the exterior of all structures, as well as landscaping for parcels in the Business and Industrial zoning designations. This matter has been discussed at length at the planning commission. Discussion ranged from the language used, to the intended purpose of the new regulation. Feedback has been received from the Dakota County Regional Chamber of Commerce on behalf of member businesses, as well as from the new owner of the Fischerville Coffee Shop. Planner Grittman described the current draft of the document has having integrated many of the concerns raised by the commission in previous discussion. Mr. Grittman cautioned that while the current draft whether or not a reported complaint constitutes a violation. At their August 28, 2012 meeting, the planning commission was in agreement that the current draft is improved from the initial draft considered. The commission was split on the need for code, with three members expressing their opinion that there is no need for a new code. Four members expressed their opinion that the proposed code could be a useful tool in the event that property maintenance becomes an issue in business/commercial properties. There were no comments at the public hearing. After brief discussion, the commission recommended that the city council adopt the new code, on a 4:3 vote (commissioners Roston, Field and Chair Norton). BUDGET IMPACT Adopting an ordinance amending the Zoning Ordinance will have costs for recording and codification. RECOMMENDATION If city council wishes to implement the planning commission recommendation, direct staff to place this item on a future city council agenda for formal action. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE 444 AN ORDINANCE AMENDING TITLE 12 TO ADD CHAPTER EIGHT, COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE The City Council of the City of Mendota Heights, Minnesota ordai SECTION 1: City Code Title 12, Chapter 8 is hereby proposed as f 12-8-1: FINDINGS AND PURPOSE STATEMENT: The City Council finds that it is in the best interest of the City to protect the public health, safety, and general welfare of its citizens. To this end, the City believes that by adoption of these commercial/industrial property maintenance regulations, it will further the following objectives: A. To preserve the value of commercial and industrial property within the City; B. To protect the character and stability of commercial and industrial areas of the City; C. To provide for minimum standards of maintenance for commercial/industrial properties within the City and ensure compliance; D. Provide a mechanism to place conditions upon commercial/industrial property which do not comply with the standards of maintenance established herein. E. Assist in identification and correction of dangerous or life threatening conditions that may be identified within the City. F. Provide a mechanism to mitigate potential public health issues identified within the City. 12-8-2: DEFINITIONS: All terms not defined herein shall have the meaning assigned to them in Section 12-1B-2 of this Title. If a conflict arises as to the definition of any term between this Chapter and Section 12-1B-2 of this Title, the definition in Section 12-1B-2 of this Title shall control. As used herein, the following words shall have the following meanings: ACCESSORY STRUCTURE: Shall have the meaning stated in this Title. Accessory buildings or structures shall include, but are not limited to: decks, porches, detached garages, and sheds. BUILDING: Shall have the meaning stated in this Title. Buildings shall include, but are not limited to: dwellings, offices, warehouses, and storesand shall include all buildings containing 1 commercial or industrial uses, regardless of zoning district, with the exception of legal home occupations on residentially zoned property. FENCE: Any structure, wall, or gate erected as a permanent dividi or physical barrier, or enclosure, excluding any permitted tempo zoning regulations of this Code, within a parcel of land regardlif the parcel is platted or unplatted. PROPERTY: Developed or undeveloped land, parcel or platted lot, including any building structures, and accessory structures thereonand shall include all land, parcels, or lots containing commercial or industrial uses, regardless of zoning district, with the exception of legal home occupations on residentially zoned property. STRUCTURE: Shall have the meaning stated in this Title. WEEDS: All grasses, annual or perennial plants and vegetation, This term shall not include cultivated lawns, flowers and garden 12-8-3: BUILDING AND STRUCTURE APPEARANCE AND SAFETY REQUIREMENTS: A. Building Material Condition:Any building or structure is a public nuisance if its exterior does not comply with the following requirements: 1. All exterior property shall be maintained in a clean, safe, and sanitary condition. 2. No part of any exterior building surface shall have significant deterioration including, but not limited to, holes, breaks, gaps, or loose or rotting materials. All exterior surfaces of the structure including, but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in a good and safe condition. Exterior wood surfaces on the structures, other than decay resistant woods, stucco or other materials that do not normally require protection from the elements shall be protected from the elements and decay by staining, painting or other protective covering or treatment or other appropriate method acceptable to the City. With regard to broken windows, repair shall require replacement of all broken glass, or in the alternative, remodeling of the exterior by removing the window and its frame and replacing such window with exterior siding to match and blend in with the surrounding siding. B. Premise Identification: All buildings shall have address numbers placed in a position to be plainly legible and visible from the property. These numbers shall contrast with their background. Arabic numerals. Numbers shall be a minimum of four (4) inches necessary to ensure visibility. C. Architectural Elements: All architectural elements including, but not limited to, cornic belt courses, corbels, terra cotta trim, wall facings and simila maintained in good repair with proper anchorage and in a safe co 2 12-8-4: MAINTENANCE REQUIREMENTS FOR VACANT BUILDINGS: A. Maintenance: 1. Any vacant building or structure in the City that is found by an authorized employee or agent of the City to be dangerous to public safety or health by reason of the following is hereby declared to be a public nuisance and a hazardous structure or condition: a. Damaged by fire, storm, or vandalism; b. Defective chimneys or stovepipes; c. Dilapidated condition or decay; or d. Any other defect endangering the public safety or health. 2. Any vacant structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, presents environmental health risks or which lacks provisions for safe illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or welfare of the public, may be declared unfit for human habitation or unsafe to the public by the City. 3. Whenever any vacant building has been declared unfit for human habitation or unsafe to the public, the City may proceed to declare the building a hazardous building or hazardous property and may seek to correct or remove the hazardous condition as authorized by Minnesota law. B. Security Measures. Vacant buildings violating the terms of Paragraph 12-8-4 A. shall be secured in accordance with Minnesota State Statutes 463.251 and applicable Building Code requirements. 1. Windows and doors shall be covered to prevent entry within a frame, and with covering materials, that are designed to complement or match those of the existing building. 2. Any part of the building, such as walls or roof, which is damaged in such a way as to allow possible entry, shall be repaired with materials that match the materials used for that part elsewhere on the building, and in a manner which masks the visible impression of vacancy. 12-8-5: LANDSCAPING AND GROUNDS MAINTENANCE: A. Vegetation, Trimming and Replacement (Trees and Shrubs): The owner and any respective agents responsible by contract or law for property maintenance shall be jointly and severally responsible for the planting, trimming and maintenance of all site trees and shrubs in a condition presenting a healthy, neat and orderly appearancewhich is free from refuse and debris. Plants and ground cover which are required by an approved site o landscape plan and which have died shall be replaced as soon as conditions allow. 3 B. Weeds: All premises and exterior property shall be maintained free from of eight (8) inches. All noxious weeds shall be prohibited and . C. Grass Mowing and Irrigation: All grass shall be maintained at a height not exceeding eight (8) inches. All exterior property areas devoted to grass shall be maintained and irrigated (watered) as necessary to ensure vegetative health. The City acknowledges that the legitimate maintenance of natural landscapes using drought-tolerant and native species may justify an exemption from this provision. D. Sidewalks and Driveways: All sidewalks, walkways, stairs, driveways, parking spaces, other hardscaped surfaces such as patios, and similar ar proper state of repair, and maintained free from hazardous condi E. Parking Lots: Unless otherwise approved by the City, every lot or area used for public or private parking shall be maintained in accordance with the following requirements: 1. Pavement. Off-street parking areas shall be paved and maintained so as to eliminate dust or mud and shall be graded and drained to dispose of surface water. 2. Striping. Designated parking spaces shall be indicated and maintained on the surface of off-street parking areas with paint or other striping material approved by the City. 3. Curbing. Curb barriers (around the perimeter or within off-street parking areas) shall be maintained to so as not to exhibit any significant deterioration. F.Fencing: Any fence is a public nuisance if it does not comply with the following requirements: 1. The fence shall be firmly fastened and anchored in order that it otherwise in any stage of collapse. 2. The fence shall be maintained in sound and good repair and free loose or rotting pieces, or holes, breaks, or gaps not otherwise design of the fence. The fence shall be free from any defects o makes the fence hazardous. 3. All exterior wood surfaces of any fence, other than decay resist protected from the elements by paint or other protective surface which shall be maintained in good repair to provide the intended protection from the elements. 4. No fence section shall have peeling, cracked, chipped or otherwi surface finish, including but not limited to: paint or other pro treatment, on more than twenty (20) percent of any one linear ten-foot section of the fence. 4 12-8-6: ACCESSORY USES, BUILDINGS AND STRUCTURES: A. Building Materials Condition: The exterior of all accessory structures, including but not limited to, fences and walls shall be maintained in structurally sound condition and in good repair. B. Architectural Elements: All architectural elements accessory to the principal building shall be maintained in a structurally sound condition and in good repair (as similarly required of the principal building). Architectural elements include, but are not limited to, cornices courses, corbels, terra cotta trim, wall facings and similar dec C. Storage and Screening: Except as specifically allowed within the applicable zoning district or as a listed exception, all materials and equipment shall be stored indoors. When allowed, materials and equipment stored outdoors shall be screened from eye level view of abutting res regulations and maintained as follows: 1. Maintenance of required screening (plantings, berm and/or fe and several responsibility of the individual property owner, its responsible by contract or law for such maintenance, and/or, whe association. 2. All fence repairs shall be consistent with the original fenc and appearance. 3. Wherever landscaping and/or fencing improvements have been m approval as a part of zoning, subdivision, or site plan review p, replacement of landscape materials or plantings shall be consistent with the or yard) design. 4. All repair or plant replacement shall be done within forty-five (45) days of written notification from the Zoning Administrator, weather permitting . D. Signage: All signs shall be maintained in a safe, presentable and good structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts, replacement of missing letters and other necessary acts. Any sign which the City finds is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the premises on which the sign is located. E. Exterior Lighting: All light fixtures shall be maintained in good repair. Lights for illuminating parking areas, loading areas or yards for safety and security purposes shall be maintained in such a manner that the maximum illumination levels established within 12-8-7: ACCUMULATIONS AND HAZARDOUS MATERIAL: 5 A. Accumulations: Hazardous substances, dangerous materials, pollutants, or contaminants, as those terms are defined by Federal, State, and local laws, shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. B. Hazardous Material: Hazardous substances, refuse, pollutants and contaminants, as those terms are defined byFederal, State, and local laws, shall not be accumulated or stored unless storage complies with the applicable requirements of all laws, rules and ordinances pertaining to the activity, including, but not limited to, the City's Building Code andFire Prevention Code, including, but not limited to, Title 4 and Title 7 of the City Code, and any other applicable regulation. 12-8-8: RUBBISH, GARBAGE AND TRASH: A. Accumulation and/or Storage of Rubbish and Garbage: All exterior property areas shall be free from any unreasonable accumulation of rubbish and garbage. B. Disposal of Rubbish: Every occupant of a structure shall reasonably store and dispose of all rubbish and garbage in a clean and sanitary manner in accordance with all laws, including, but not limited to, Title 4, Chapter 2 of the City Code. C. Screening: Garbage and recycling containers shall be either: a) stored inside a building such that they are not visible from adjacent public streets or adjoining properties; or b) stored outside but fully screened from view of adjacent public streets or adjoining properties by landscaping or fencing materials. D. Collection: Discarded materials and equipment shall not be left outside for collection and disposal for more than seventy two (72) hours. Materials and equipment not awaiting collection and disposal shall not be placed outside. 12-8-9: STORM DRAINAGE: A. Public Nuisance: Stormwater runoff and drainage of roofs and other hard surfaced areas on property shall not be allowed to occur in a manner that creates a public nuisance, and shall comply with the requirements of the City Code, Title 11. B. Site Grading: Except in the case of approved retention areas and reservoirs, all premises shall be graded and maintained to prevent the erosion of soil an accumulation of stagnant water thereon, or within any structure 12-8-10: ABATEMENT AND ENFORCEMENT PROCEDURES: A. Enforcement Officials: The City Council shall enforce the provisions of this Chapter and may by resolution delegate to various officers or agencies power to enforce particular provisions of this Chapter, including the power to inspect private property. 6 B. Notice to Abate: Whenever, in the judgment of City Council or the officer charged with enforcement of this Chapter, it is determined that a violation hereof is being maintained or exists within the City, such officer shall notify in writing the person committing or maintaining such violation and the owner of the property and require them to remedy such violation and to remove such conditions or remedy such defects. Such written notice shall be delivered to the person committing or maintaining violation and the owner of the property or may be delivered by mail. If the property is not occupied and the address of the owner is unknown, service on the owner may be accomplished in the manner specified for service in Rule 4 in the Minnesota Rules of Civil Procedure, except in the case of an emergency and then in such case, service shall be accomplished after posting such notice for twenty four (24) hours. Such notice shall require the owner or occupant of the property, or both, to take corrective steps within a time as defined by the officer charged with enforcement to remedy such violations, such steps and time to be designated in the notice, but the maximum time to remedy a violation after service of such notice shall not exceed one hundred twenty (120) days. In the case of severe financial or physical hardship, the Council may grant an extension to the time limit. Said violation shall be corrected "immediately" in the case of imminent danger to the public health, safety, or welfare. Service of notice may be proven by filing an affidavit of service in the office of the City Clerk setting forth the manner and time thereof. C. Report of Failure to Abate: When notice so given is not complied with, such noncompliance shall be reported forthwith to the city for such action as may be necessary and deemed advisable to abate and enjoin further continuation of such nuisance, including referring the matter to the City's prosecuting attorney to pursue a judicial remedy on behalf of the City. A violation of this Chapter shall be subject to a penalty as provided in section 1-4-1 of this Code. D. Abatement by City: In the event the City chooses to abate said violation, the City shall adopt a resolution setting forth the specific details of the corrective matters to be taken. A copy of the resolution shall be sent to the property owner by certified mail and if the violation is not abated within ten (10) days of the mailing of said resolution, the City shall take all actions necessary to abate said violation, keeping accurate records of the cost of the same. E. Costs to Owner: The Finance Director shall prepare a bill and mail it to the owner of the property for the costs incurred by the City, including, but not limited to, administrative costs, attorney fees and costs and the costs of any outside contractor engaged by the city to correct such violation, and thereupon the amount shall be immediately due and payable to the City (the "bill"). F. Special Assessment: If the bill is not paid to the City within twenty (20) days after the mailing of the bill, the City Clerk shall extend the costs of abating the violation as a special assessment against the property upon which the violation was located, and such special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special taxes and assessments are certified and collected. The City Council may specify an additional penalty for such special assessment collections. 7 G. This Section provides an alternative means of enforcement of the terms of this ordinance, right to pursue available remedies under other law, including civil or criminal proceedings, as may be applicable. SECTION 2: Effective Date. This ordinance becomes effective on the date of its publication, summary of the ordinance as provided by Minn. Stat. § 412.191, S amended from time to time, which meets the requirements of Minnesota Statute Section 331A.01, Subdivision 10, as it may be amended from time to time. It shall be unlawful for any person to act within the city as a merchant in the City of Mendota Heights, within the meaning of this chapter, without first applying for and securing a valid license from the Mendota Heig accordance with the provisions of this chapter. This ordinance shall be in full force and effect from and after according to law. Adopted and Ordained into an Ordinance this 4th day of September, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By ____________________________________ Sandra Krebsbach, Mayor ATTEST _________________________________ Lorrie Smith, City Clerk 8 MEMORANDUM Background and Description of Request: SectionPurpose of amendment Action Requested: Staff Recommendation: Supplementary Materials: