1998-03-04 Council minutesPage No. 1
March 4, 1998
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Wednesday, March 4, 1998
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 Huber, Koch and Smith. Councilmember Krebsbach had
notified Council that she would be absent.
AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the
meeting.
Councilmember Koch seconded the motion.
Ayes: 4
! Nays:0
APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the regular
meeting held on February 17, 1998 as amended.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for
the meeting, revised to move item e, Case No. 97 -41, and item 1,
Bunker Hills plans and specifications, to the regular agenda, and
removing item g, Joint Powers Agreement for fire equipment, from
the agenda, along with authorization for execution of any necessary
documents contained therein.
a. Acknowledgement of the minutes of the February 24, 1998
Planning Commission meeting.
b. Acknowledgment of the Building Activity Report for February.
c. Acknowledgment of the agenda for the NDC -4 Executive
Committee meeting to be held on March 4.
Page No. 2
March 4, 1998
d. Approval of the updated Position Description for the Accountant
position.
Authorization for an expenditure of $500 from the Special Park
Fund for the assembly and installation of Purple Martin houses in
five city parks.
f. Acknowledgment of bids for a Toro 580 -D Groundsmaster
mower and authorization to issue a purchase order to M.T.I.
Distribution Company for its low bid of $65,729.67.
g. Approval of an Employment Agreement with the City
Administrator and authorization for its execution by the Mayor.
h. Authorization for the Code Enforcement department to issue sign
permit to allow a 26 square foot illuminated monument sign with
a setback of 20 feet from the front property line at 1250
Northland Drive, as recommended by Code Enforcement Officer
Berg.
1 i. Approval of the issuance of a temporary liquor license to the
Beth Jacob Congregation for Sunday, May 24, 1998 from :6:00
p.m. to 9:00 p.m. in conjunction with a fund raising event,
conditioned upon receipt of evidence of liquor liability insurance
coverage.
j. Approval of the list of contractor licenses dated March 4, 1998
and attached hereto.
k. Approval of the List of Claims dated March 4, 1998 and totaling
$535,166.41.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 97 -41, PARK Council acknowledged a memo and proposed resolution relative to
an application for variances to construct a fence along Delaware
Avenue (continued from February 17, 1998).
Mayor Mertensotto stated that this item was moved from the consent
calendar because it was understood at the February 17 meeting that
approval would not be unanimous and because further discussion is
needed with respect to language in the proposed resolution.
Page No. 3
March 4, 1998
Mayor Mertensotto stated that the language in item 3 regarding
extension of the fence south from the existing should be clarified and
expanded to state extension of the fence south from the existing
fence located on the property to the north. He also stated that a
fourth condition should be added to require that the screening be
completed during the 1998 growing season or the variance granted
by the resolution shall automatically terminate.
Councilmember Koch moved adoption of Resolution No. 98 -12, "A
RESOLUTION APPROVING A THREE FOOT HEIGHT
VARIANCE AND AN OPACITY VARIANCE FOR A FENE AT
2246 FIELDSTONE DRIVE," as amended.
Councilmember Huber seconded the motion.
Ayes: 3
Nays: 1 Smith
BUNKER HILLS PLANS Council acknowledged a report from Engineer Mogan along with the
AND SPECIFICATIONS plans and specifications for proposed street and drainage
improvements to serve the Bunker Hills neighborhood.
( ) Mr. Pat McQuillan, 1909 Wachtler, stated that he supports (Exhibit
A of the plans) design for Wachtler between Hilltop and Ridge
Place, that shifts the alignment of the roadway to avoid existing
trees. He stated that when he bought his property the large oak tree
existed on his property line. He stated that it is his understanding
from conversations with the original property owner that the existing
roadway was actually built around the tree. He also stated that the
tree marks the highest point in Bunker Hills. Mr. McQuillan
informed Council that the collection point for school buses from six
schools is at the intersection of Wachtler and Hilltop and if this
section of Wachtler were widened it would encourage higher speeds
coming down Wachtler to the intersection.
Engineer Mogan informed Council that in laying out the project, his
goal was to keep the street as far away from the oak tree as the street
currently is. He reduced the street width from the standard 33'4" to
26'4" and shifted the roadway four feet to the east, which pushes the
curb 7 feet, eight inches east of where the existing blacktop is.
Mr. McQuillan responded that the solution proposed by Engineer
Mogan satisfies his concerns and he supports Exhibit A.
Mayor Mertensotto pointed out that it must be understood that if the
oak tree dies there will still be a jog in the road — the plans will not
be redrawn.
Page No. 4
March 4, 1998
Mr. McQuillan responded that he understands that there will not be a
plan change if the tree dies.
Mr. John White, 1897 Wachtler, and Ms. Nancy Kettler, 1919
Wachtler, expressed their support for Exhibit A.
Councilmember Huber stated that if there is anger to be expressed by
residents about the alignment (Exhibit A), the anger should be
directed to him, because the reason Engineer Mogan look at all the
options for this section of Wachtler is that he encouraged Engineer
Mogan to do so. He stated that he asked the engineer to look at
options in response to a request from a property owner. He pointed
out that it must be recognized that someone is going to give
something up — there will be trees saved on one side of the road but
the other side of the road will lose green space.
Councilmember Koch moved adoption of Resolution No. 98 -13,
"RESOLUTION APPROVING FINAL PLANS AND
SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT
FOR BIDS FOR IMPROVEMENTS TO THE AREA REFERRED
TO AS BUNKER HILLS, INCLUDING PROPERTIES IN
RIDGEWOOD PARK, SPRING CREEK ACRES, SOMERSET
HILLS, SOM ERSET HILLS NO. 2, SUMMERSET PLACE,
AND VALLEY CURVE ESTATES (JOB NO. 9514,
IMPROVEMENT NO. 96, PROJECT NO. 3)."
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
Councilmember Smith stated that Council is going to great lengths
to save the trees and she believes it would be in everyone's best
interest to hire a consultant to give advice on how to keep the oak
tree healthy.
Mayor Mertensotto asked Administrator Batchelder to contact the
consultant forester for Sunfish Lake and determine whether he would
inspect the oak trees that are along Wachtler and give the city a
report on what can be done to protect them.
SENIORS CLUB FUNDING Council acknowledged a letter from Ms. JoAnn Rice, requesting a
$500 contribution from the city to the Mendota Heights Senior Club
for seed money. Council also acknowledged an associated memo
from Administrative Assistant Hollister. Ms. Rice was present for
,__. the discussion.
Page No. 5
March 4, 1998
Councilmember Koch moved to authorize a $500 donation to the
Mendota Heights Seniors Club from the Recreation Program
Contingency line item, as recommended by the Parks and Recreation
Commission.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
EMERSON AVENUE Council acknowledged a memo from Public Works Director
VACATION Danielson regarding continued discussion on a request from Mr. &
Mrs. Vitelli, 1334 Sylvandale, and Mr. & Mrs. Christensen, 1356
Clement, for vacation of a portion of Emerson Avenue right -of -way
adjacent to their properties. Mr. Vitelli and Mr. Christensen were
present for the discussion.
Mayor Mertensotto pointed out that the street vacation hearing has
been formally continued to March 17, but that it is his understanding
that the applicants cannot be present on March 17. He informed the
applicants that Council can not take action this evening but can listen
to their comments.
Mayor Mertensotto noted that Mr. Vitelli proposes to expand his
existing garage and that Mr. Vitelli has indicated to him that the
variance he would need would encroach into the right -of -way, thus
one option has been removed. He stated that Council cannot let Mr.
Vitelli build his addition on publicly dedicated property. He
explained that if Council vacates a portion of Emerson Avenue right -
of -way (which would allow the garage expansion), there would be
no guarantee in the future that Mr. Christensen could gain approval
of a flag lot (on his undeveloped property adjoining the right -of-
way). He asked Mr. Christensen for comment.
Mr. Christensen indicated that he has no intention to subdivide his
property but stated that he would like the property to be marketable
in the future.
Mr. Vitelli distributed an area map to Council and stated that Mr.
Christensen has owned his property for forty years. He stated that
Mr. Christensen is interested in discussing some of the options he
has for access to his lot before a vacation is approved.
Responding to a question from Mayor Mertensotto, Engineer Mogan
stated that there are no utilities located in the right -of -way.
Page No. 6
March 4, 1998
Mayor Mertensotto asked Mr. Vitelli how many feet of right -of -way
he would need if he builds his garage expansion.
Mr. Vitelli responded that he needs about ten feet of the right -of-
way. He stated that he has an existing attached two car garage and
would like to expand it to a three car garage. He explained that he
recently purchased the property, and that unfortunately the sideyard
is ten feet from the garage.
Mayor Mertensotto suggested that Council could vacate only a
portion of the right -of -way sufficient to give Mr. Vitelli the room he
needs for the expansion. This would reserve sufficient right -of -way
in case a future Council would like the option to build a street to
access the Christensen lot. He further suggested that the city could
vacate the northerly ten feet of the right -of -way for whatever
distance from the intersection of Medora to the east for perhaps forty
or fifty feet, and grant Mr. Vitelli a sideyard variance. He pointed
out that if council only grants a partial vacation, a variance from the
30 foot setback requirement would have to be granted, but vacating
only part of the right -of -way gives Mr. Christensen some options for
the future.
Attorney Hart stated that he sees no problem with the
recommendation, since there is much precedent for vacating a
portion of a right -of -way.
Mr. Vitelli stated that he agrees as long as he can add a minimum of
12' to his garage.
Mayor Mertensotto directed staff to contact Mr. Vitelli so that his
concerns are addressed and so that staff can get the correct
measurements for the vacation area. He explained to the vacation
area would be the 10 feet that abuts the Vitelli property line for the
distance needed to accomplish the garage addition.
Mr. Vitelli asked if he must go to the Planning Commission to
request a variance when he builds if the variance is for the northerly
ten feet of right -of -way. He stated that the vacation will assure that
he does not build on public property but that he will still need a
variance.
Mayor Mertensotto responded that Council can grant the variance as
part of the vacation action.
VISITATION FINE ARTS/ Council acknowledged an application from Visitation School
Page No. 7
March 4, 1998
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GYMNASIUM ADDITION for a building permit for a gymnasium and fine arts addition.
Council also acknowledged submittal drawings, including planting
plan, grading plan, site plan, floor plan and exterior building
elevations, along with an associated report from Assistant Hollister.
Council also acknowledged a letter from The Ostberg Architects
requesting authorization to construct a temporary access drive from
Lake Drive to the building site for construction vehicles. Architect
Gary Ostberg was present for the discussion.
Mr. Ostberg briefly reviewed the project. He informed Council that
the building exterior will be a combination of pre -cast and brick.
The Fine Arts Center exterior will be the same brick used on the
Early Childhood Center and the exterior of the gym will be pre -cast
colored the same as the brick. With respect to the access drive, he
stated that the main service drive to the service area of the
school/monastery carries continuous deliveries and there would be
congestion between normal school traffic and construction traffic.
He explained that the contractor, McGough Construction, would like
to provide a temporary access drive from Lake Drive to the gym for
use during construction and that some tries would need to be
removed to provide the drive.
Mayor Mertensotto responded that the problem with using Lake
Drive for construction traffic is that the project will not be built in a
week, but rather will take a long period of time to complete. He
pointed out that when there is wet weather, the construction traffic
will track the mud /dirt from the service drive onto Lake Drive and as
the dirt dries, there will be a wall of dust permeating the
neighborhood. He informed Mr. Ostberg that there were many
neighborhood complaints about dust when the fine arts center was
constructed and the neighborhood has had to live with the problem
whenever Visitation has had a major construction project.
Mr. Ostberg asked if he could meet with city staff to discuss how the
service road could be maintained to reduce the problem.
Mayor Mertensotto responded that he will set up a meeting with Mr.
Ostberg to discuss the request.
Councilmember Smith moved to authorize the issuance of a building
permit for the Visitation School gymnasium/Fine Arts Center
addition in accordance with the plans submitted with the condition
that the plans meet all code requirements, and to reserve action on
r�
Page No. 8
March 4, 1998
the request for construction access road to Lake Drive.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 98 -04, BERGMARK Council acknowledged an application from Mr. Robert Bergmark for
a 5.5 foot front yard variance and one foot sideyard variance for a
garage addition at 747 Evergreen Knolls. Council also
acknowledged associated reports from the City Planner and
Administrative Assistant. Mr. Bergmark, project architect, were
present for the discussion.
Mayor Mertensotto informed Mr. Bergmark that Council has
received the Planning Commission minutes and is familiar with Mr.
Bergmark's application. He stated that Mr. Bergmark is requesting
the variances in order to provide handicapped access for his wife.
He pointed out that the Planning Commission has made a finding
that the application meets the criteria for granting variances and the
Commission has recommended approval.
Councilmember Smith moved adoption of Resolution No. 98 -14, "A
RESOLUTION APPROVING VARIANCES FOR A GARAGE
EXPANSION AT 747 EVERGREEN KNOLLS."
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 98-02, FEHRMAN Council acknowledged an application from Mr. Greg Fehrman for a
variance to allow 20 temporary signs on the fence of the northeast
ballfield on the Henry Sibley High School property for the months of
April through July of each year. Council also acknowledged
associated reports from the City Planner and Administrative
Assistant. Mr. Fehrman, Henry Sibley High School Baseball Coach,
was present for the discussion.
Mayor Mertensotto informed Mr. Fehrman that the Planning
Commission extensively reviewed his application and that the
Commission members are knowledgeable about the Zoning
Ordinance requirements and understand the concerns over sign
aesthetics. He stated that over the years the city has developed a
policy that is very strict on signage and that Council would not grant
a variance simply because the property is publicly owned. He
informed Mr. Fehrman that the visual impact of billboard type signs
is no different for public property than it is for private property and
that he understands that the signs would be to generate revenue. He
Page No. 9
March 4, 1998
suggested that, unless a Councilmember would like speak to the
issue, Council should support the Planning Commission
recommendation to deny the application.
Councilmember Smith stated that city's policy on signage was
formed by input from many residents. She informed Mr. Fehrman
that Council has even fought the state over signage along the
highway in response to residents' concerns. She pointed out that,
with respect to the public ownership of the property, the city must
be held to the highest expectations of the ordinance and not take a
privilege it would not grant someone else.
Mr. Fehrman responded that he is trying raise funds to update the
facility, including dugouts and wind screening for the outfields. He
stated that the plywood plywood would not go on the outside of the
fence.
Mayor Mertensotto informed Mr. Fehrman that Mendota Heights
residents are paying $80,000 per year for the next 12 years for the
athletic facility. He stated that Mendota Heights residents have done
their share by putting up over $800,000 in bonding to build the
facility, and that while Council would be happy to brainstorm with
Mr. Fehrman on revenue sources, installing billboards is not the
answer.
Councilmember Huber agreed that Council must hold the city to the
highest standards.
Councilmember Huber moved to approve the Planning Commission
recommendation and adopt Resolution No. 98 -15, "A
RESOLUTION DENYING VARIANCES FOR TEMPORARY
SIGNS AT HENRY SIBLEY HIGH SCHOOL."
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 98-05, RABANUS Council acknowledged an application from Mr. Richard Rabanus to
allow two attached garages at 2520 Arbor Court. Council also
acknowledged associated staff reports. Mr. Rabanus, and his
contractor, Mr. Roger Grothe of Domestic Development were
present for the discussion.
Mayor Mertensotto stated that in his judgment, the interpretation
made by a member of the Planning Commission that no variance is
need is the wrong interpretation. He stated that Mr. Rabanus is in
Page No. 10
March 4, 1998
fact asking for a variance to allow a second garage — a tuck under
garage of 1,500 square feet in addition to an attached garage.
Mr. Grothe asked if the city allows garages under garages. He stated
that there are some two -story garages in the city and asked where
Mr. Rabanus' proposal differs.
Councilmember Huber responded that he is aware of one two -story
garage in his neighborhood.
Mayor Mertensotto stated that the Planning Commission made the
interpretation that a wall separating one stall from two stalls in a
three -car garage is two units, but it is still the same garage. He
stated that what Mr. Rabanus is talking about is having a second
garage which is a tuck- under. He did not believe there is any
hardship basis for granting the variance. He pointed out that where
problems occur is where someone builds a tuck -under garage and
then wants to close it off and build an accessory structure for
recreational vehicles, etc. He stated that he understands that Mr.
Rabanus is not talking about using the garage for a business, but
allowing the second garage could lead to real problems in the future.
Mr. Rabanus informed Council that he is a hobbyist and will not be
running an auto repair business from his garage.
Mr. Grothe stated that the home was designed so that the lower level
can be used as a living area in the future if the home is ever sold.
Mayor Mertensotto responded that if Mr. Rabanus sells the home in
the future, the lower garage would be a good area for a business
activity, like a ceramics shop, which could create much traffic. He
stated Mr. Rabanus feels that no one would know the lower garage
existed because of its location (on Arbor court), but allowing a
second garage would still set a precedent. He further stated that as
far as he is concerned, a wrong interpretation was made by the
Planning Commission.
Mr. Grothe stated that if there were no tuck under garage the house
would have the same square footage and just because the lower area
would have a garage door would not make it any more available for
home - occupation in the future. He pointed out that he could put in a
patio door instead of a garage door.
Page No. 11
March 4, 1998
Attorney Hart stated that the Zoning Ordinance is absolutely clear in
that only one garage, either attached or detached, is allowed for each
residential structure. He stated that there cannot be any other
interpretation and there is no "wiggle" room at all.
Mr. Grothe asked whether a garage under a garage is a single
structure.
Attorney Hart stated that the question is whether a reasonable person
would conclude that this is a single garage structure.
Mayor Mertensotto stated that Council would certainly like to
accommodate a long -time resident but that Council must abide by
the city's regulations.
Mr. Grothe stated that the structure would still have a 3,000 square
foot footprint, whether it and putting in a garage door on the lowe
level wouldn't be any different than putting in a patio doors. He
further stated that he feels the proposed plan is better for the site than
putting in a five car garage.
Mayor Mertensotto responded that to him it becomes a question of
having five cars to store. He asked what problem there is with
storing off premises if Mr. Rabanus is not a mechanic.
Mr. Rabanus responded that he works on his own cars and that he
teaches auto mechanics but does not work on other people's vehicles
and does not work on cars for a living.
Councilmember Huber stated that Attorney Hart stated the facts
clearly. He further stated that Council has to do the right thing and
he does not see how Council could approve Mr. Rabanus'
application under the current ordinance. Further, he did not see
where a hardship has been established. He stated that he understands
that the proposal is not without opposition from at least one of the
neighbors (Mr. Patrick).
Mr. Grothe responded that he has a letter from Mr. Patrick indicating
that he approves of the request.
Mayor Mertensotto stated that the sad part of the situation is that this
is a large lot and it would be screened and hidden, but someone
wanting to do the same thing on a standard city lot would know
about the second garage. He informed Mr. Rabanus that Council
must follow the same rules for everyone and in this case there is no
Page No. 12
March 4, 1998
hardship presented to support a variance. He pointed out that
approving the application for variance would set a dangerous
precedent.
Mr. Grothe stated that he could build a garage with six stalls with
stacking cars all on one level.
Attorney Hart responded that he is not sure this could be done. He
further stated that the question is whether it is a single integrated
garage structure.
Mr. Grothe stated that he has been told that six cars (stacked) with a
wail in between would be allowed.
Mayor Mertensotto responded that he thinks that in this particular
case the Planning Commission made a wrong interpretation and has
set a vary dangerous precedent with respect to having a single
attached or detached garage.
There was discussion relative to the need for a mining permit.
Councilmember Huber moved to deny the application for variance
for a second garage in a single family residence.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
Mayor Mertensotto stated that he would certainly like Mr. Rabanus
to continue to be a resident of Mendota Heights, which is why it is
so difficult for Council to deny his application, but it is a decision
Council must make in order to uphold the city's ordinances.
CASE NO. 98 -06, Council acknowledged an application from Roseville Properties for
ROSEVILLE PROPERTIES subdivision, building permit and tax increment financing for
(CENTRE POINTE SOUTH) development of 2060 Centre Pointe Boulevard (Lot 1, Block 2,
Yorkton Centre Pointe South). Council also acknowledged a copy of
the preliminary plat, letter from Roseville Properties, report from the
City Treasurer regarding TIF, and staff reports. Mr. Hugh Cullen,
from Roseville Properties, was present for the discussion.
Mayor Mertensotto asked if the requested subdivision meets all
zoning requirements. He stated that the Planning Commission was
concerned that the remaining lot meet the city's requirement for
green space ratio.
Page No. 13
March 4, 1998
Mr. Cullen responded that the subdivision meets all requirements
and that both lots will meet the green space. He reviewed building
elevations and stated that the proposed building complies with all
building code and zoning code requirements. The proposed office
building (Centre Pointe Office Building II) is located to the east of
the office building recently constructed (Centre Pointe Office
Building I). He informed Council that the structure will match the
other two buildings he has constructed in Centre Pointe.
Responding to a question from Councilmember Huber, Mr. Cullen
stated that there will be parapets and screening on the roof to screen
the low profile heating and air conditioning units.
Councilmember Smith asked if buildings were proposed to be back
to back when Mr. Cullen originally proposed the subdivision.
Mr. Cullen responded that it is possible, but that the front of the
proposed building is now oriented to the west because that gives
better views. There is about a fourteen foot difference in the
elevation of the building and the one to the east. He explained that
the building will be finished on all, sides and there will be an
enclosed trash area with an exterior matching the building.
Mayor Mertensotto asked if Council originally discussed a $310,000
TIF contribution.
Treasurer Shaughnessy responded that the original request identified
about $475,000 in cost but that at the time, because of changes
taking place in the tax laws, he had no idea what tax revenue the
building would produce. He has since met with the Dakota County
Assessor's office to get their input on what may happen in the
legislature this year and to determine as best as possible what the tax
will be. Their best guess was a tax rate of $2.95 per square foot.
Based on that rate, the building will generate a net fixture tax of
$313,000 (at present value) during the life of the TIF district. He
stated that the TIF will be on a pay -as- you -go basis.
Attorney Hart stated that if the revenue does not meet the minimum
level of increment, the pay -as- you -go is scaled back.
Mr. Cullen stated that the reason why he is requesting TIF is that
there is an extraordinary amount of soil correction that needs to be
done. He stated that he had problems with the first building and
considerable cost overruns because of the soil problems but that he
did not ask for TIF for that project. He stated that he is also planning
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
Page No. 14
March 4, 1998
to landscape along Centre Pointe Boulevard, including trees and
other landscape material, such as flowering crab trees, and will add
some water features in the park as it matures in the coming years.
He stated that he will continue to work with staff to put in the
appropriate landscaping materials.
Councilmember Koch moved adoption of Resolution No. 98 -17, "A
RESOLUTION APPROVING A PRELIMINARY PLAT AT LOT
1, BLOCK 2, YORKTON CENTRE POINTE SOUTH."
Councilmember Huber seconded the motion.
Councilmember Koch moved to authorize preparation of a TIF
agreement, on a pay -as- you -go basis, with a maximum TIF
contribution of $313,000, and to authorize issuance of a bulding
permit for Centre Pointe Office Building II pursuant to plans and
specifications on file with the city and subject to review and
approval of the plans and specifications by the Code Enforcement
Department.
Councilmember Huber seconded the motion.
ARC APPOINTMENT Council acknowledged a memo from Administrator Batchelder
regarding an appointment for fill the vacancy on the Airport
Relations Commission.
Mayor Mertensotto recommended that Mr. John Roszak be
appointed to fill the vacant three -year term.
Councilmember Koch moved Mr. John Roszak to fill the vacant seat
on the Airport Relations Commission.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
Councilmember Smith stated that four very qualified candidates
applied for appointment, each having very different strengths. She
further stated that the reason Mr. Roszak has been appointed is that
he has the strengths that are needed at this time. She asked that the
other candidates leave their applications on file for future vacancies.
PROPERTY PURCHASE Council acknowledged a memo from Public Works Director
Danielson regarding city acquisition of Mn/DOT Parcel 218.
Council also acknowledged the Mn/DOT appraisal for the property,
and a copy of the lease agreement between Mn/DOT and AT &T.
Page No. 15
March 4, 1998
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Mayor Mertensotto stated that several items are still needed:
1. Copies of the actual easement documents;
2. Easement locations — if there are some utilities in the ground that
do not show up on the title Council must know about them.
3. Staff contact with the two cities used in the appraisal
comparables to see what the monthly rental is on the cellular
towers in those cities;
4. Copies of the original appraisals that were prepared during
Mn/DOT's condemnation proceedings;
5. A letter to Mn/DOT in notification that the city is actively
pursuing the purchase but needs to do additional work.
6. The City Attorney must obtain title insurance for the city after a
commitment is made.
Councilmember Smith stated Mn/DOT appraised the property as a
value in use and it is not clear that that is appropriate. She pointed
out that the property is a highly constrained site and there is no other
use for. She further stated that they did not discount cash flow in the
appraisal.
Mayor Mertensotto directed that the letter to Mn /DOT ask how soon
after the city must makes a commitment to purchase and makes
payment to Mn /DOT can Mn/DOT get title and turn it over to the
city.
DAKOTA COUNTY ROAD Council acknowledged a memo from Administrator Batchelder
SIGNAGE regarding a request from the Business, Retention and Development
Committee (BRAD) of the Dakota County Economic Development
Partnership and'the City of Eagan for city support of a visitor
information signage policy for county roads.
Mayor Mertensotto stated that the city had a problem with Mn/DOT
signage and without knowing what is involved in the BRAD signage
request he felt that Council should take a position opposing the
signage.
Councilmember Smith stated that she feels that the signage is
inappropriate in incorporated areas of the county.
Councilmember Smith moved to oppose the program and decline to
be part of it.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
Page No. 16
March 4, 1998
ENTRANCE SIGNS Mayor Mertensotto stated that in the past Council has discussed
placing a city "entrance" at the southeast corner of Mendota Heights
Road and T.H. 149, on city property adjacent to the Mathern
development. He asked what has been done on the matter.
Administrator Batchelder responded that Public Works Director
Danielson has been working with the United Properties sign
designers, who have sketched some designs for city signage.
Administrator Batchelder stated that one of the conditions of the
Mathern development was to brush out the wooded areas. Mr.
Mathern has not done that because he feels he needs more direction
from the city on what "brushing out" means. Staff was directed to
work with Mr. Mathern.
ANOMS MONITORING Council acknowledged a memo from Administrator Batchelder
regarding a request from the Airport Relations Commission that
Council request to MASAC that the ANOMS system be used to
monitor non - simultaneous departures. Council also acknowledged a
draft letter to MASAC prepared by the City Administrator.
Mayor Mertensotto reported on a recent Operations Committee
meeting at MAC. He stated that MAC has signs showing what the
layout of the property will be and that the signs are available for
about $250 each. He stated that since air noise impacts the TIF
district, the city should purchase the signs and the HNTB flow charts
that are proposed for the new runways, and charge the costs to the
tax increment fund. The signs can then be available during Council
meetings and Airport Relations and Planning Commission meetings
as the city goes through the comprehensive plan discussions.
Administrator Batchelder reviewed the proposed letter to MASAC.
Mayor Mertensotto stated that the letter should request the ANOMS
data for the Eagan/Mendota Heights corridor for a six months
commencing immediately.
Councilmember Smith moved to submit the draft letter to MASAC,
requesting ANOMS data as it applies to the Eagan /Mendota Heights
corridor for a period consisting of six full months.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
Page No. 17
March 4, 1998
MILEAGE RATE Council acknowledged a memo from Treasurer Shaughnessy with
respect to a proposed increase in the mileage reimbursement rate.
Mayor Mertensotto recommended that the mileage rate be increased
to $0.315 per mile, consistent with the Dakota County
reimbursement rate.
Councilmember Huber moved to authorize mileage reimbursement
at the rate of $0.315 per mile.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
LABOR NEGOTIATIONS Council acknowledged a memo from Administrator Batchelder
recommending that Council conduct a closed session immediately
following adjournment for the purpose of discussing labor
negotiation developments. Mayor Mertensotto noted that the city's
legal counsel for labor negotiations would not be present so there
will be no closed session.
POLICE CHIEF INTERVIEWS Council acknowledged a memo from Administrator Batchelder
recommending that Council convene in special session on Saturday,
March 8 for Police Chief candidate interviews.
ADJOURN There being no further business to come before Council,
Councilmember Smith moved to adjourn to a special meeting on
Saturday, March 8 at 8:30 a.m. for the purpose of conducting Police
Chief interviews.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 10:22 p.m.
Ralbleen M. Swanson
City Clerk
ATTEST:
/0 �-
Charles E. Mertensotto
Mayor
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
March 4, 1998
Gas Piping Contractor License
Burnsville Heating & A/C, Inc.
Master Mechanical, Inc.
j **
HVAC Contractor License
Burnsville Heating & A/C, Inc.
Master Mechanical, Inc.
Ron's Mechanical, Inc.
General Contractor License
Meisinger Construction Co.
Drywall/Stucco Contractor License
Zimmerman Stucco & Plaster, Inc.
Rubbish Hauler License
Highla nd Sanitation & Recycling Inc.
a