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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 i 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 i 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