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1999-04-20 Council minutesPage No. 1 April 20, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 20, 1999 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota 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 Dwyer; Huber, Krebsbach and Schneeman. Mayor Mertensotto turned the Chair over to Councilmember Schneeman. AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 -- APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the regular meeting held on April 6, 1999. Mayor Mertensotto seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move item 5g, Mendota Heights United Church.of'Christ final plat, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the March 10, 1999 Airport Relations Commission meeting. b. Acknowledgment of the Treasurer's monthly report for March.. c. Acknowledgment of the Fire Department monthly report for March. Page No. 2 April 20, 1999 d. Approval of a change order to the PSC Alliance contract for West St. Paul communications center upgrade consultation services in an' amount not to exceed $1,700. e., Authorization for the purchase of VISIONS Record Management System software for the police department at a cost of $18,051.00. f. Authorization to recruit a temporary Administrative Intern for a period of time not to exceed six months, at an hourly rate of $10 to $12. g. Acceptance. of the premium refund option for workers' compensation insurance renewal. h. Authorization for Ziggy's Deli to conduct an outdoor event on June 4, 1999, subject to the conditions enumerated in a letter frorri Assistant Hollister to Larry Mack; approval for a temporary sign on the site for five days immediately preceding the event; and approval for Mr. Mack to place six tables outdoor eating tables in front of the Ziggy's store from April 21 through October 15, 1999. i. Authorization for the Mayor to execute the Tax Increment Financing Agreement between the city and the Mendakota Country Club. j. Denial of fault for a sewer back -up at 1411 Farmdale Road, but approval of the payment of the homeowner's reasonable expenses of $500.17. k. Approval of the issuance of a sign permit for a 24 square foot sign to identify the Showcore tenant space at 2339 Waters Drive. 1. Approval of the list of contractor licenses dated April 20, 1999 and attached hereto. m. Approval of the List of Claims dated April 20, 1999 and totaling $201,855.17. Councilimmber Huber seconded the motion. Ayes: 5 Nays: 0 i ) FINAL PLAT, MENDOTA Council acknowledged a memo from Assistant Hollister Page No. 3 April 20, 1999 HEIGHTS CONGREGATIONAL regarding .a request from the Mendota Heights Congregational CHURCH Church for final plat approval. Mr. Carl Baumeister was present on behalf of the church. Mayor Mertensotto stated that when Council approved the preliminary plat it was with the condition that Mr. Baumeister contact the City Attorney to determine if there was access from the highway right -of -way to the church. He asked Mr. Baumeister if there is access as a legal right or if Dodge Nature Center property must be crossed. Mr. Baumeister responded that there is an easement on both plats, over the nature center property. As part of the platting, the nature center will absorb Outlot A, which will have access. The easement runs form the property line to the rear most property line. Mayor Mertensotto asked if some property is being conveyed on the east. Mr. Baumeister responded in the negative, stating that the easement progresses from the southeast corner north on the property line. The east and west boundary on the church property will remain the same. The south will now come at an angled line skirting a hill, and the easement runs along the outlot. Mayor Mertensotto noted that the church would have to be given an easement to get to the easement. Attorney Hart stated that it was a couple of years ago when this was discussed and he has no reason to doubt that there is some form of easement. Mayor Mertensotto suggested approving the final plat subject to review by the city attorney. Attorney Hart responded that from his perspective, in order to determine whether an easement serving Outlot A has been filed of record and form a title perspective, he would like to see a survey and title insurance showing the priority of the easement, and evidence that the easement has been recorded. The city needs a survey to determine where the easement is located and a title search to be sure all the appropriate parties have signed it. Mayor Mertensotto stated that the revised final plat drawing does not show an easement through the church property. Council needs to be sure it is recorded and that Council is not approving a plat that has a landlocked lot. He suggested approving the plat subject to Page No. 4 April 20, 1999 engineering review to determine that all easements necessary to serve the two parcels are shown and subject to review by the City Attorney to determine that the easement to the new lot through the church property is of public record. Councilmember Dwyer noted that Exhibit A appears to reference the easement and that Council could approve the plat subject to review by staff to make sure everything is in order. Mayor Mertensotto moved adoption of Resolution No. 99 -17, "A RESOLUTION GRANTING A FINAL PLAT APPROVAL TO RECONFIGURE THE LOT LINE BETWEEN MENDOTA HEIGHTS UNITED CHURCH OF CHRIST AND DODGE NATURE'CENTER," subject to review by city engineering to determine. any easements that are necessary to serve either parcel and review by the .City Attorney to determine whether the appropriate easement to the new lot is of record. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 WETLANDS HEALTH STUDY Council acknowledged a memo from Public Works Director Danielson regarding a presentation on the Wetlands Health Evaluation Program. Council also acknowledged an associated letter from Ms. Mara May. Ms. Mara May was present to discuss the results of the Wetlands Health Monitoring Program. Ms. May: informed Council that she is the team leader for the Mendota Heights/Dakota County Wetlands Monitoring Team. The members of the team were present: Ms. Kate Mullen, Ms. Teresa Root, Ms. Shari Knox, Mr. Tim Brookmiller, Mr. Paul May, Ms. Sue Light, and Mr. Joe Reymann. Ms. May and two members of her team reviewed slides informing Council and the audience on the history of the program and the study results. Mayor Mertensotto asked if the. team checked the wetlands area behind City Hall. He stated that one of the problems with the wetlands area is that purple loostrife seems to be getting more prominent. He asked if there is something that can be done. Public Works Director Danielson responded that purple loostrife is a very difficult problem to deal with. City staff has been working with the DNR and is developing a program with the DNR to grow bugs to Page No. 5 April 20, 1999 put' in stands of purple loostrife. He noted that the bugs should keep loostrife under control in about three years. Ms. May and members of the team responded to Council questions regarding the Copperfield ponds. The City Council expressed its appreciation to Ms. May and the members of the team for the work they are doing and for their report to Council. BOARD OF REVIEW Council acknowledged a status report from the Dakota County Assessor on his department's review of valuation appeals made by Mendota Heights property owners. Council also acknowledged an associated memo from Treasurer Shaughnessy. Mayor Mertensotto asked Treasurer Shaughnessy to ask the County Assessor why there appear to be greater reductions in valuations for people who attended the open book meetings. Councilmember Krebsbach moved to accept the assessor's report and close the Board of Review, along with authorization for the appropriate City Officials to sign the Review Board Meeting abstract. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 COMMISSION Mayor Mert ensotto informed the audience that Council had APPOINTMENT conducted a special meeting at 7:00 this evening for the purpose of interviewing Parks and Recreation Commission candidates. He recommended that Ms. Ann Connelly be appointed to the commission. Mayor Mertensotto moved that Ann Connelly be appointed to the Parks and Recreation Commission to fill the unexpired term vacated by Ann Norton, through January 31, 2001. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 MEDALLION BUSINESS Council acknowledged a memo from Assistant Hollister regarding CENTER a request for building permit approval for the Medallion Business Center from the Continental Property Group. Mr. John Bessessen, from Continental, and Project Architect Scott Wiestling were present for the discussion. Page No. 6 April 20, 1999 Mr. Wiestling informed Council that Continental proposes to construct a 66,000 square foot office /warehouse building on a lot on Medallion Drive, next to the school bus facility, for multi -tenant use. There will be five separate entrances, so there is a potential for five to ten users. All services are to the back of the building and parking will be along Medallion Drive. Mr. Wiestling showed Council an architectural rendering of the proposed building. Responding to a question from Councilmember Schneeman, Mayor Mertensotto stated that the house behind the proposed building is the Bourn home on Bourn Lane. He stated that Council just entered into an agreement to purchase that property. Mayor Mertensotto expressed concerned that the rendering shows tip up panels with rough surface. Mr. Wiestling responded that the panels would be a red aggregate that tends to be almost purple and that the material is pre- fabricated concrete.. The building will be fmished on all four sides. Mayor Mertensotto responded that the problem he has is that the Esslinger building is pretty much a standard building, the Turner Gymnastics building has a drab concrete finish, and even the city's public works garage has a concrete finish. He pointed out that all of these buildings were built many years ago and the rest of the industrial park is much upgraded. He felt that a much better job could be done to set a precedent for what will follow on Bourn Lane. He was also concerned that the building is on the ground track for the north and south parallel runways and there will be many people in the building. He asked what will be done for noise attenuation. Mr. Wiestling responded that he has not addressed that issue as yet. With respect to the building exterior, he stated that for marketability purposes the owner must be sure the building will attract certain types of tenants. The site is off the beaten track and the owner does not want to build a structure he cannot lease. Mr. Bessessen stated that the exterior will be Fabcon material that costs a little more, gives a better look, is maintenance free for many years and does not require painting. There is 2 %Z inches of Styrofoam between the outside and inside of the Fabcon and the windows will be thermopane. He stated that his firm has built many similar structures and it is one of the most quiet envelopes that could be put up on the marketplace. If it were not quiet, he could not market it. Page No. 7 April 20, 1999 be put up on the marketplace. If it were not quiet, he could not market l it. Mayor Mertensotto responded that he is concerned that the apartment buildings on Lexington Avenue were built under noise attenuation standards twenty years ago and since that time much has been done in terms of noise attenuation guidelines. Mr. Bessessen stated that his firm is doing a study on air noise from 7:00 a.m. to 6:00 p.m. He will also check with the MAC for readings. Mayor Mertensotto suggested that Mr. Bessessen run a decibel reading 'in the bus garage. Administrator Batchelder stated that the city has a sound attenuation ordinance that requires certain sound attenuation measures. Also, the plans must be reviewed and approved by the city's code enforcement officers. Mayor Mertensotto responded that the city's requirements should be revised to meet higher sound attenuation standards. He asked how j much of the building would be office use. Mr. Bessessen responded that it is anticipated that the building will be one - third office. Mayor Mertensotto stated that he does not think the city's sound attenuation ordinance is appropriate for today and that Council would like to work with the owner to get better attenuation. He further stated that Council needs to talk to the project architect to see what is being done to attenuate noise. He informed Mr. Bessessen that someone could walk into the Mn/DOT building conference room and not hear a plane go over the building. He suggested that Mr. Bessessen may wish to take a look at that building and also that he should consider glazing. He noted that the project meets the city's minimum standards but that Council would like to see what could be done to upgrade the structure. He pointed out that both the owner and the city want a good product. Responding to a question from Councilmember Krebsbach, Mr. Bessessen stated that the structure will be a one -story building. The building is designed for warehouse storage, and the ceiling will be dropped and insulated over the office space when its size is determined. Page No. 8 April 20, 1999 Councilmember Krebsbach asked how many trucks will come and go from the building on a daily basis. Mr. Bessessen responded that the volume of trucks will depend on how many and what types of tenants lease space. Councilmember Krebsbach informed Mr. Bessessen that Council would like the trucks to stay off Mendota Heights Road west of Lexington because of the schools. She stated that Council has asked the businesses in the area not to use Mendota Heights Road. Mr. Bessessen responded that he has a building in New Hope and trucks can only go one way out of the property. As long as the road is signed to go one -way, he will direct the tenants to not use Mendota Heights Road. He will work with the city and instruct his tenants, and can put a stipulation in the leases. Councilmember Krebsbach stated that there does not seem to be much green space. She further stated that Council likes things finished on all four sides including landscaping. She wanted to see more green space, pointing out that green space has a lot to do with buffering buildings over time and gives a better look. She did not feel that the bushes along the building give much green space. Mr. Wiestling responded that the city ordinance requires 25% green space arid,the plan for the project has 28% green space. Responding to a question from Councilmember Schneeman, he stated that there is a small pond in the northwest corner of the site and that 28% of the five acre site will be green space. Councilmember Krebsbach stated that two- thirds of the front of the building is going to be exposed aggregate panels and even though the property is zoned industrial, if one were to move down Mendota Heights Road there are office uses. She informed Mr. Bessessen that Council has taken great care with the industrial park and each parcel is important. She asked if there is anything that can be done to lighten the front of the building. Mr. Bessessen responded that he feels the building has an interesting design. He stated that he could do pre -cast design with a block look. The building is 60,000 square feet, which is not very large, and there are six entrances that are indented for architectural interest. He stated that the building is not just a big box with a door and a couple of windows and that he is in the business of building Page No. 9 April 20, 1999 office /warehouse buildings. The office area will have a dropped ceiling and insulation will be placed above the ceiling. He pointed out that he wants to have happy tenants. Councilmember Dwyer stated that his sense is that Mr. Bessessen probably has not spent an afternoon at the site with planes coming over. It is a very noisy area, and it would be to Continental's benefit to revisit noise attenuation. Responding to a question from Councilmember Dwyer, Mr. Wiestling stated that the rooftop units will be screened by a two foot rooftop parapet but that the location of the units will not be determined until there are tenants. He stated that there will be glass in each of the indented area and that the green space steps back into that space. Mr. Bessessen stated that he has an on -going maintenance contract for his properties and that the planters will hold flowers or something that will be low maintenance. Mayor Mertensotto stated that venting is a real problem, as it amplifies the air noise. He suggested that the applicant look at glazing, which is a real factor in noise attenuation. He stated that it will be critical for the office area as there are at times 60 planes flying over'this area of the city in an hour. Mr. Bessessen responded that he will work with city staff. Councilmember Huber stated that the color of the building has been described as violet, which seems strange. Mr. Wiestling responded there is colored stone in the material and it has a gray look. Councilmember Krebsbach asked Mr. Bessessen to consider a lighter color. She pointed out that if Council approves the permit, it is for the plans as presented. Mr. Bessessen stated that he spent a great deal of time picking out the color for the building. Mayor Mertensotto asked Mr. Bessessen to explore the possibility of glazing and suggested that he contact Air Noise Consultant David Braslau. He asked Treasurer Shaughnessy to explore the possibility of financial assistance for glazing. Page No. 10 April 20, 1999 Councilmember Dwyer moved to authorize issuance of a building permit, with the understanding that the building must comply with the city's sound attenuation ordinance, and subject to engineering staff review of the grading and drainage plans. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 LEXINGTON TRAIL Council acknowledged a memo from Public Works Director Danielson regarding the proposed trail along Lexington Avenue. Mr. Danielson gave Council a history on the issue, stating that Parks Commissioner Craighead came before Council a few weeks ago and expressed concern about the safety of pedestrians along Lexington Avenue and asked Council to investigate what could be done. He informed Council that staff has received a letter from Dakota County in response to a letter from Mr. Craighead. The letter indicates that the County would agree to participate in construction of a trail from Tom Thumb Boulevard to Mendota Heights Road. Staff has prepared a preliminary study and has found that the trail is feasible. Funding would be 55% from Dakota County and 45% from the city's MSA fund. Staff could submit the project to the state aid division and they would review it and approve funding. The section along Wagon Wheel to the bridge would complete a loop to Rogers Lake Parka Wagon Wheel is also an MSA route and the trail section could be funded by MSA. Between Tom Thumb and Wagon Wheel there are several homes, and the owners have not been notified about the trail yet. Additional right -of -way will need to be purchased from those property owners. He asked at what point Council wants staff to notify those residents. Councilmember Dwyer stated that the trail that would go along the east side of Lexington would intersect driveways, which may be a concern. He asked the total estimated project cost. Mr. Danielson responded that the anticipated cost is $488,000, and much of that cost is in land acquisition. Councilmember Dwyer stated that he shares Mr. Craighead's concerns about pedestrian safety. He stated that it is very dangerous to bicycle along Lexington, but on the other hand the project will cost nearly half a million dollars. He further stated that Council must determine where the cost and the benefit intersect. Page No. 11 April 20, 1999 Councilmember Krebsbach suggested that the city contact the residents soon. Responding to a question from Mayor Mertensotto, Mr. Danielson responded that the trail could be constructed in segments. Mayor Mertensotto suggested that the east side of Lexington and from Wagon Wheel to the park be done in separate agreements. He stated that the city must notify the people on Lexington before Council thinks of doing something. Councilmember Dwyer stated that the matter should also be referred to the Parks and Recreation Commission for review. Councilmember Huber responded that this is a segment of trail that has been part of the total trail system the Park and Recreation Commission has envisioned for many years. Mayor Mertensotto stated that there will be a real incentive if the HRA project along Lexington is approved. Public Works Director Danielson stated that the next step would be to formally request funding participation from Dakota County. Plans must be also prepared and submitted to MSA for review and approval. Mayor Mertensotto stated that the city could do the section from Wagon Wheel to Mendota Heights Road and the segment along Wagon Wheel to the park, but before anything is done, the city must talk to the property owners. While the city is waiting for approval from MSA, there must be an informational meeting with the neighbors. If Council is going to look at the project, it must know neighborhood feelings about the project. Councilmember Dwyer suggested sending a notice next week and holding an informational meeting. Mr. Craighead stated that the Parks and Recreation Commission voted 6 -0 for going forward with the project. For the safety of the pedestrians, it would be highly desirable to build a trail along Lexington from T.H. 110 to Mendota Heights Raod. Councilmember Dwyer responded that Council agrees that the trail is an excellent idea subject to the feelings of the adjoining property owners. Page No. 12 April 20, 1999 Mayor Mertensotto stated that something should be done this year and that he would like to at least proceed with the other segments. Councilmember Huber responded that he would rather address the whole trail, getting neighborhood input. He pointed out that the city has been considering this trail for ten years. Councilmember Krebsbach stated that the section from Wagon Wheel to Mendota Heights Road has a public purpose and would not impact private property, and that Council appears to agree that the trail should be constructed. Councilmember Dwyer suggested that staff be directed to prepare engineering materials sufficient for a neighborhood meeting in thirty days, after which if there is significant neighborhood opposition the city could construct the other segments. It was suggested that a city -wide notice be printed in the newspapers and that a public hearing be held in the next thirty days. Mayor Mertensotto felt that the 10 to 12 adjoining property owners 1 who are directly affected be notified that the city is contemplating a project that will not involve assessments for a trail along Lexington and that a hearing will be held some time in June. It was the consensus to direct staff to send a letter to the directly impacted property owners and to make formal requests for funding to Dakota County and MSA. DISPUTE RESOLUTION Council acknowledged a memo from Administrator Batchelder regarding a request from the Dispute Resolution Center for a city donation of $500 to help support the center's operations and to ensure that its services will be available to Mendota Heights residents. Mayor Mertensotto stated that Council receives a similar request from the center, located in Ramsey County, annually and that Council has many requests for donations from within Dakota County. He explained that the center charges a fee for its services and that he is glad city residents use the resolution center. Councilmember Krebsbach pointed out that last year Council decided not to approve the request and she would stick with that decision. Page No. 13 April 20, 1999 It was the consensus to take no action on the request. FREEWAY ROAD WORKSHOP Council acknowledged a memo from Administrator Batchelder regarding the need to reschedule the Council workshop on Freeway Road that had been scheduled for April 27. It was the consensus to reschedule the Freeway Road workshop to 7:00 p.m. on Thursday, April 29 because of scheduling conflicts. COUNCIL COMMENTS Councilmember Schneeman informed the audience that next week is "Severe Weather Awareness Week" and the emergency sirens will be sounded at 1:45 and 6:55 on April 23. She also informed the audience that the annual community garage sale will be held on May 13 through May 15. ADJOURN Councilmember Dwyer moved that the meeting be adjourned to the April 29 Council Workshop on Freeway Road area redevelopment. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 1 ATTEST: Charles E. Mertensotto Mayor K thleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL A-pril 20, 1999 Concrete/Masonry Contractor License Northwest Masonry of Brooklyn Park, Inc Excavating Contractor License Metro General Services, Inc. Rayco Excavating, Inc. Gas Piping Contractor License Rascher Plumbing & Heating Vollhaber Heating & Air Conditioning Inc.. HVAC Contractor License Air Conditioning Associates, Inc. Cedar Valley Heating & Air Cronstroms Heating & Air Conditioning,Inc. Joe's Heating & Air Vollhaber Heating & Air Conditioning Inc. General Contractor License Able Fence Inc. Minnesota Exteriors, Inc. Paragon Pools Sign Contractor License Attracta Sign