Loading...
1998-08-18 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 18, 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 Dwyer, Huber, Krebsbach and Smith. OATH OF OFFICE City Clerk Swanson administered the oath of office to Mr. Mike Dwyer who was appointed to the Council vacancy created by the resignation of Councilmember Koch. The Council welcomed Councilmember Dwyer. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held on August 4, 1998 as amended on Page 22, Paragraph 2, change to read, "... was unaware the assessment could not be changed ... "; Paragraph 4, Sentence 2, change to read, "... this may be more than an issue of aesthetics, but if the City will incur additional costs in the future to maintain the curb in this area, then a portion of the reduction should go to the City." Page 23, Paragraph 2, Sentence 2, change "secondary" to "second rate." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Councilmember Dwyer) CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, with the exception of Items "d", "g" and "h" along with authorization for execution of any Page No. 2 August 18, 1998 necessary documents contained herein. a. Acknowledgement of the Treasurer's Report for July b. Acknowledgement of the Fire Department Report for July c. Approval to Purchase New Dump Trunk d. THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR Adoption of RESOLUTION NO. 98-52, "APPROVAL OF A CONDITIONAL USE PERMIT FOR AN EDUCATION CENTER AT MENDOTA PLAZA" e. Adoption of RESOLUTION NO. 98-53, "APPROVAL TO PARTICIPATE IN THE MINNESOTA AUTO THEFT PREVENTION PROGRAM" f. Approval to Accept Donation to the Special Police Fund 9. THIS ITEM WAS REMOVED FROM THE CONS—ENT CALENDAR Approval to install a Sign at 750 Highway 110 (Ziggy's Deli & Ice Cream) h. THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR Approval to Install a Sign at 750 Highway 110 (Lee Education Services) i. Approval to Hire Contractors to Grind Trees and Limbs Stored Behind the Public Works Garage Approval to Appoint Accountant k. Approval to Amend Contract for Private Development (Dakota Bank Tax Increment Agreement) 1. Authorization to Respond to MASAC Operations Committee Request to Define Corridor Departure Page No. 3 August 18, 1998 Issues m. Approval of the List of Contractors n. Approval of the List of Claims o. Adopting RESOLUTION NO. 98 -54, "A RESOLUTION APPOINTING 1998 ELECTION JUDGES" Councilmember Krebsbach seconded the motion. Councilmember Smith requested staff speak with Fire Chief Maczko relative to the significant increase in responses this year over last year. Mayor Mertensotto asked whether the City has filed a claim for reimbursement of some of the expenditures which were made relative to storm damage and Mr. Danielson noted this has been done. Administrator Batchelder stated he will provide the requested information, however, in speaking with Chief Maczko he had explained the number of calls in the months of May and June were increased due to storm related events. Councilmember Smith inquired relative to the City's participation in the Minnesota Auto Theft Prevention Program and whether this is- a short term program or something the City will tend to rely on in terms of overtime. Chief Johnson explained this would be in addition to overtime otherwise incurred. The object of this one year program is to combat auto thefts and auto break -ins. Councilmember Smith expressed concern relative to Item "1" and felt the issue of the symmetry of the corridor needs to be addressed at this time. She suggested it could be included in the MASAC Operations Committee Request as Item 1 -A. Mayor Mertensotto suggested stating aircraft operations be maintained inside a designated southeast corridor. Councilmembers Krebsbach and Smith felt "symmetry" to be a key word to be included. Page No. 4 August 18, 1998 Administrator Batchelder commented 1 -A addresses corridor compliance and he suggested Councibnember Smith's concern be more properly addressed in Item 2 which relates to corridor configuration. Mayor Mertensotto suggested adding a bullet which reads: "The aircraft operations inside the southeast corridor require review. " Councilmember Smith expressed her belief corridor configuration is an important part of anything the City does with respect to corridor compliance. Mayor Mertensotto stated with respect to Item C, because of the shift of the magnetic headings, the original tower orders and the existing tower orders need to be compared and reviewed to determine any changes which have been made. Administrator Batchelder will make the necessary revisions to this document. Ayes: 5 Nays: 0 APPROVAL TO INSTALL Mr. Streeter was in attendance and noted the sign criteria for SIGN AT 750 HIGHWAY Ziggy's has been met and provided a drawing. He noted 110 - (ZIGGY'S DELI & this is a lighted sign. Mr. Streeter explained Ziggy's will ICE CREAM) contract with a sign company who will in turn apply for a sign permit from the City. Mayor Mertensotto noted this particular sign consists of two lines as opposed to the one line which is currently utilized at the center. Mr. Streeter pointed out the sign will be contained within the existing white sign band at the Center. Councilmember Dwyer inquired whether there is any question the dimensions of the sign are not consistent with City ordinance. Administrator Batchelder explained the memo of the Code Enforcement officer indicates the drawings are in compliance with the City Council's policy. Ayes: 5 Nays: 0 CONDITIONAL USE PERMIT FOR AN EDUCATION CENTER AT MENDOTA PLAZA AND APPROVAL TO INSTALL A SIGN AT 750 HIGHWAY 110 (LEE EDUCATIONAL SERVICES) Page No. 5 August 18, 1998 It was noted the lighting will be controlled by the lighting of the existing sign band. Councilmember Huber moved approving the application for installation of a sign for Ziggy's Deli & Ice Cream at 750 Highway 110. Councilmember Dwyer seconded the motion. Mr. Lee was in attendance along with Mr. Streeter to address the Council. Mr. Streeter informed the Council the draft Conditional Use Permit specifies that the build out of the interior of the space is to be built out as an educational facility rather than a place of business. The requirements for an educational facility are extremely stringent and if it is necessary for Mr. Lee to comply with Section 5 of the Uniform Building Code, it will be financially impossible to build out this area to meet those standards. Mr. Streeter noted the most costly requirement would be the build out of two very large two -stall restrooms in this space. He requested the Council impose the standard retail store criteria and the issue be reviewed at the completion of the one year time fraule. _. Mr. Streeter indicated all other code requirements have been met in the existing space. He pointed out the cost factor for the installation of the two restrooms would be equal to two years of rent. Mr. Streeter noted there are restroom facilities in the Snyders store which is adjacent to this space and he felt if the need arose, those facilities could be utilized. Councilmember Smith inquired relative to the handicapped accessibility of the existing restroom area. Mr. Streeter confirmed it is handicapped accessible and fully constructed to meet the handicapped codes. Councilmember Dwyer inquired whether there are other issues relative to the build out in addition to the Page No. 6 August 18, 1998 requirements of the bathrooms. Mr. Streeter explained the fire code requirements are more' stringent and these requirements will be met. He noted the restroom requirement to be the most significant issue. Councilmember Dwyer noted the Uniform Building Code requires higher standards given the number of children which will be in the facility. He stated he would not want to trade off restrooms for the safety of the children being tutored. Mr. Streeter noted the restrooms to be the most significant issue. He explained the HVAC requirements are extremely high and asked the existing HVAC system-remain in place. Mayor Mertensotto expressed concern if this were to be approved for the one year period at the end of that time frame there may be an argument made relative to precedent. He suggested if the business were to continue after the one year period of time, the Uniform Building Code requirements with respect to the restrooms would have to be met in order to retain the Conditional Use Permit. Councilmember Krebsbach inquired relative to the jurisdiction of the Council to designate this as a retail area as opposed to an educational facility. Attorney Hart noted the Uniform Building Code is a minimum standard and the Council does not have the jurisdiction to waive this, however, if there is an agreement to phase it in and safety and health are not compromised, it could be done. Attorney Hart suggested if the facility is determined to be a tutorial facility, this may distinguish it from an educational facility. Mayor Mertensotto expressed concern even if this business is treated as an retail facility, the ratio of students to one restroom may not be sufficient. Councilmember Krebsbach felt there should be at least one Page No. 7 August 18, 1998 additional restroom to allow for two separate restrooms rather than one unisex. Mayor Mertensotto inquired whether the applicant would agree if the business is to continue after one year, the second restroom must be installed. Mr. Streeter and Mr. Lee were both in agreement a request will not be made to continue the Conditional Use Permit at the end of one year without installing a second restroom. Councilmember Smith felt the sign may be misleading relative to whether this is a public or private educational facility. She expressed concern it may mistakenly be confused with the school district. Councilmember Dwyer did not feel this to be a problem. Councilmember Huber moved adopting RESOLUTION NO. 98 -52 "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN EDUCATION CENTER AT MENDOTA PLAZA" amended to include the land owner and the applicant agree not ask for continuation of this experimental Conditional Use Permit after one year without installing the second required restroom facility. Councilmember Dwyer seconded the motion. Councilmember Dwyer explained continuation of the facility after one year would not hinge completely on the installation of a second bathroom and that other factors will also be considered. Mayor Mertensotto explained the applicant cannot ask for a continuation of the Conditional Use Permit without agreeing to install the second restroom facility. Ayes: 5 Nays: 0 PUBLIC COMMENTS None. 1 1 Page No. 8 August 18, 1998 HOCKEY RINK SURFACE Council acknowledged the memo of Guy Kullander, IMPROVEMENTS FOR IN- Engineering Technician/Parks Project Manager, relative to LINE SKATING AT hockey rink surface improvements for in -line skating at FRIENDLY HILLS Friendly Hills Park. Councihnember Huber inquired whether there would be an advantage to awarding the entire bid to Tower Asphalt given they are very close to the low bid. Mayor Mertensotto explained they have been bid separately and must be awarded separately unless the City reserves the right to combine the bids and this was not done. Mayor Mertensotto noted the total cost for this facility is well over $30,000. He commented the Parks and Recreation Commission has recommended approval and he felt this to be a very popular improvement which will have a high percentage of use based on the experience of other cities with similar facilities. Councihnember Dwyer moved awarding the contract for preparation of base materials to Tower Asphalt for the submitted low bid of $14,926.00, and awarding the contract for the installation of bituminous materials to Pine Bend Paving for their low submitted bid of $11,525.60. Councihnember Smith seconded the motion. Ayes: 5 Nays: 0 BOULEVARD TREE Mayor Mertensotto acknowledged the memo of Guy PLANTING PROGRAM Kullander, Engineering Technician/Parks Project Manager regarding the 1998 Boulevard Tree Planting Program. Councilmember Smith asked what types of trees have been selected. Mayor Mertensotto stated he would like to see a variety to select from. Public Works Director Danielson explained there are seven types of trees to choose from. In addition, Mr. Danielson stated notification will be sent out relative to this program. It was explained residents pay $50 and select the type of tree to be planted. Page No. 9 August 18, 1998 Councilmember Huber moved accepting the bids and awarding the 1998 Boulevard Tree Planting contract to the firm of Blaeser Landscaping in the amount of $13,020.00. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TENNIS COURT Council acknowledged the memo of Guy Kullander, RESURFACING Engineering Technician/Parks Project Manager, relative to resurfacing the tennis courts at Rogers Lake Park. Public Works Director Danielson noted only one bid was received and it was significantly higher than the funds which have been budgeted for this work. It was, therefore, recommended the bid be rejected. Mr. Danielson also explained there will be two tennis courts to be resurfaced in 1999 and this may result in a more favorable bid. Councilmember Dwyer moved rejecting the bid received from Recreational Surfacing, Inc., and directing staff to rebid the project in 1999. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 PRESENTATION 1997 CITY AUDIT Council acknowledged the memo Lawrence E. Shaughnessy, Jr., Treasurer, regarding the City Audit. Mr. Steve Liable, KPMG, was in attendance to review this matter for the Council. Mr. Liable reported on the City Audit for the year ending December 31, 1997. The year ending December 31, 1997, was considered an excellent year for City funds and it is anticipated the current year will show similar results. As of December 31, 1997, the City incorporated into its Page No. 10 August 18, 1998 financial statements two GASP'S which must be adopted by 1998. These include the treatment of deferred retirement funds and the pricing of investments" -to market value. Mr. Liable explained this has also been done by a variety of other cities. Mr. Liable explained that despite growth pressures and the lack of State Local Government Aid, the City has been able to maintain one of the lowest tax rates in the metropolitan area. Mr. Liable explained the City's current bond rating is AA -1. He noted this rating was achieved four years ago and at that time Mendota Heights was the only city of its size to receive this rating. Mayor Mertensotto questioned whether there was anything identified through the audit which should be done which has not been done. Mr. Liable explained there was one issue relative to a bank transaction in which there was a requirement of a collateral pledge and this has been called to the attention of staff. AIRPORT PLAN OF Council acknowledged the memo from City Administrator ACTION Kevin Batchelder, regarding the Air Noise Plan of Action. Administrator Batchelder introduced Scott Beaty, Chair of the Airport Relations Commission, who was in attendance along with Mr. Elsworth Stein, a Commissioner with the Airport Relations Commission. Administrator Batchelder explained over the last year the Commission has successfully assisted the Council with advocating a restructuring of the Metropolitan Aircraft Sound Abatement Council, requested a study to monitor non - simultaneous departures, advocated strenuously for close in departures, and advised the Council to put the MAC and FAA on notice that excursions outside of the corridor are unacceptable. Mr. Beaty expressed his appreciation to Administrator Batchelder for his assistance in this matter. He reviewed the model which has been chosen by the Commission as well as Page No. 11 August 18, 1998 the five steps which this model contains. He also reviewed a number of focus issues which will provide a more comprehensive approach to airport relations. Mr. Beaty noted his agreement with Councilmember Smith's earlier comments relative to the north boundary issue and stated once the corridor is established, if MAC believes the City is willing to accept the corridor as is, they will continue to fly planes through there at a greater number. Mayor Mertensotto expressed his appreciation to Mr. Beaty and the Airport Relations Commission for their work on this issue. He felt increasing the PFC charge should be explored. He pointed out the City will not receive any Part 150 funds for the insulating of homes until approximately 2003. Mayor Mertensotto felt it important to monitor the change in operating procedures which will occur during the construction period in which the easterly part of the southern parallel is repaired. Councilmember Smith noted her agreement with Mayor Mertensotto's comments and noted a change in the focus of the Commission over time from dealing with current issues to being more forward thinking and creative in the approaches which are taken to help solve this problem. She expressed her appreciation to Mr. Beaty for his work with the Commission. Councilmember Krebsbach commended Mr. Beaty on his work as well and encouraged the residents to support this work whether they reside in the affected area or not. She noted her belief one of the biggest issues to being a livable community is the airport noise. Councilmember Smith moved accepting the report of the Airport Relations Commission. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Page No. 12 August 18, 1998 CASE- N ,O.98 -24: Council acknowledged a memo from Administrative GAGNIER - FENCE Assistant Patrick Hollister relative to the request of Susan HEIGHT VARIANCE Gagner for a fence extension at her home located at 1957 Walsh Lane. This matter was continued from the August 4, 1998, meeting of the City Council to allow staff an opportunity to stake out the lot lines on Ms. Gagner's property and to provide the Council with a definition of "front yard" and "back yard." Ms. Gagner was in attendance to discuss her request with the Council. She stated she is requesting a one foot variance from 36 inches to 48 inches for the first 30 feet of fence. Ms. Gagnier stated when she brought the property, it was not a through lot, however, her hardship is that her lot is now a through lot. She noted a four foot fence is readily available. Councilmember Dwyer inquired whether the fence would be the same opacity as the fence to the south. Ms. Gagner stated it would be 30 percent open and would resemble a picket fence. Ms. Gagner pointed out the existing fence in which boards were removed represents 50 percent opacity. She noted her plan to install a six foot fence along the north side of the property, however, she is uncertain at this time. Councilmember Smith commented her main concern is not changing the setbacks of items on the street and stated if there is existing fence along that line, she would want to know the difference. Councilmember Krebsbach stated with respect to the side fence, the front yard is determined by measuring along the full width of the front line and then back 30 feet. Ms. Gagner stated her property is actually divided into three different lots and, therefore, those requirements are met. Page No. 13 August 18, 1998 Councilmember Dwyer pointed out this portion of the fence is installed and is not the subject of the current request. Councilmember Krebsbach felt possibly staff had not reviewed the definition of a front yard at the time the permit was issued. She noted this to be an extensive amount of fencing. Councilmember Dwyer pointed out application was made to the City and a permit issued relative to that work. Ms. Gagnier noted only one person in the neighborhood has voiced an objection to the fence. Councilmember Krebsbach pointed out the fence extends an additional 60 feet beyond what might be defined as the front yard. Ms. Gagnier felt all of the lots on the street to be very consistent in size. Councilmember Huber did not feel the closest point of the street to the house defines the 30 feet for the width of the applicant's yard. Councilmember Krebsbach felt that to be defined by the ordinance. Councilmember Dwyer inquired why Ms. Gagnier is not willing to comply with the three foot requirement. Ms. Gagnier stated she would have to make the panels and the four foot panels are available ready made. Councilmember Huber felt the objection to be the totality of the fence and Mayor Mertensotto noted his agreement. Councilmember Dwyer inquired if this were a true back yard, how tall the fence could be. Administrator Batchelder explained if this were not a through lot, the fence could be a solid 6-foot fence, located on the property line. Councilmember Dwyer felt the applicant has demonstrated a hardship and has compromised. Councilmember Dwyer moved adoption of Resolution No. 98-55, "A RESOLUTION APPROVING A ONE FOOT HEIGHT VARIANCE FOR A FOUR FOOT HIGH FENCE AT 1957 WALSH LANE," granting a one foot variance for a four foot fence along Summit and along the northern and Page No. 14 August 18, 1998 southern boundaries for 30 feet. Councilmember Smith seconded the motion. Councilmember Smith stated her concern the front yard be as attractive as possible for the rest of the block and she felt Ms. Gagner made an accommodation in utilizing four feet with 30 percent opacity. Councilmember Smith felt this to be a reasonable request and did not feel this variance would compromise the integrity of the street. Ayes: 3 Nays: 2 (Councilmembers Huber and Krebsbach were the dissenting votes.) BUNKER HILLS Council acknowledged the memo from Public Works CURB ISSUES Director James E. Danielson relative to the condition of the concrete curb and gutter in the Bunker Hills Reconstruction Project. Brian Birch, 755 Willow Lane, explained he sent a letter to the City and the Engineering Department has responded. Mr. Birch explained the newly constructed Willow Lane roadway has created problems with respect to drainage of surface water. Mr. Birch stated the drainage runs diagonally northwest across Willow Lane down the hill toward-his driveway. He pointed out all of the collected waters drain in front of his home on the north side of the street toward the intersection of Willow Lane and Valley Curve. Mr. Birch also reported as a result of this construction, he is experiencing difficulty with his car bottoming out when he enters his driveway. Mayor Mertensotto inquired relative to Mr. Birch's opinion of how this situation can be resolved. Mr. Birch stated his belief his driveway must be reconstructed completely to the garage door. Mr. Birch stated a fair amount of his landscaping has been destroyed by this drainage. He informed the Council he has Page No. 15 August 18, 1998 had difficulty dealing with staff on this issue. Mayor Mertensotto requested Mr. Birch meet with engineering staff in an attempt to resolve this issue. Civil Engineer Marc Mogan stated he did respond to Mr. Birch's letter and felt he had provided some solutions to the situation. Councihnember Huber noted Mr. Birch has related difficulties with the rear of his car bottoming out when driving up his driveway. Engineer Mogan stated the gutter grade was raised 1.75 inches from the previous edge of the bituminous. It has also been moved farther north toward Mr. Birch's property by 5.5 feet. Engineer Mogan explained the change in the grade and slope of the driveway is more abrupt than it was and he noted his agreement with Mr. Birch and had indicated to him this could be changed. He did not feel, however, this change of grade and slope would be sufficient reason to replace the entire driveway. Councihnember Huber pointed out it appears Engineer Mogan has arrived at proper solutions for the elevation and the grade problems relative to Mr. Birch's property. Councilmember Dwyer explained to Mr. Birch staff has now provided solutions to his issues and Mayor Mertensotto will be directing staff to meet with him to reach an understanding prior to the work being completed. Mr. Birch raised an issue relative to the installation of concrete which would prevent drainage from an easterly neighbor to his driveway. Mr. Mogan noted this situation is also addressed in his recommendations. Mr. Birch raised the issue of Valley Curve between Hilltop and Willow Lane. He stated when the project was presented to the neighborhood, they were told it would be closed off. Instead, a 25 -foot roadway complete with curb and gutter was constructed. Mr. Birch stated this has become a teen parking lot and noted there is a significant amount of debris which accumulates as a result. Page No. 16 August 18, 1998 Councilmember Huber noted this roadway will not be closed. Mr. Birch felt this decision was made without any notification to the residents. Councihnember Huber commented this decision was made with the knowledge of the neighborhood. Mr. Birch stated -he is not satisfied with the City paying 50 percent of the assessment and felt the City should assume 100 percent of the assessment amount. Bernard Worth, 1835 Valley Curve, noted it was his understanding the roadway would be closed as well and had no recollection of a change in this decision. Mr. Worth joined in Mr. Birch's request the City assume 100 percent of the assessment. Mayor Mertensotto did not feel there had been a commitment on the part of the City to close this road. He noted when the final plans were adopted, the overall engineering recommendation to keep this roadway open was taken into consideration. Mayor Mertensotto noted the concrete curb has been damaged to varying degrees and will result in higher maintenance costs in the future. He explained this issue has not been resolved with the contractor at this point, however, it would be the intent of the City to complete the project at this time. Mayor Mertensotto further explained it would be in the best interests of the City to adopt an assessment roll to avoid an additional $50,000 in interest charges. It will then be necessary to resolve this issue with the contractor to determine the adjustment which the City will receive on this project. Mayor Mertensotto noted the City has held back 50 percent of the curb cost and he would be expecting a 50 percent adjustment. He pointed out the neighborhood would be paying half the cost of the curb and the balance is paid by the remaining taxpayers of the City. Page No. 17 August 18, 1998 Councilmember Dwyer pointed out there appears to be consensus among the residents in this neighborhood that they would like to see this project completed. Councilmember Huber inquired whether Mr. Worth's concerns have been adequately answered by staff and Mr. Worth noted his situation has been addressed and is being resolved. Engineer Mogan commented he anticipates this project to be completed in September. He explained most of the curb which is cracked or has failed has been replaced by the contractor at the request of the City. Councilmember Krebsbach visited the area and noted the sod appears to be of high quality. Mayor Mertensotto directed Engineer Mogan to investigate the assessment numbers to determine what can be done in order to get some adjustment back to the homeowners for the damaged curb. Councilmember Smith stated she supports Mayor Mertensotto's proposal and felt what has been proposed to be a fair proposal to the City, the residents and the contractor given the extent of the damage to the curb and the potential risk the City takes with respect to this curb in the future. Mayor Mertensotto felt this to be a high amount of damage and stated contractor responsibility must be addressed. He directed staff to prepare an assessment roll and return to the Council. Mayor Mertensotto stated. the assessment role should be completed this year in order to avoid additional interest charges. Councilmember Smith requested staff review any possible defects in drainage as a result of this work. Councilmember Huber noted Police Chief Johnson is in attendance and has heard Mr. Birch's comments relative to Valley Curve and can address patrolling in this area SPECIAL TEMPORARY SIGN PERMIT FOR TU ZNEER'S�'GYMNASTICS CENTER Ayes: 5 Nays: 0 Page No. 18 August 18, 1998 accordingly. Mr. Birch noted the engineering prints do not reflect any drainage and he felt this to be the problem. Council acknowledged the memo from Administrative Assistant Patrick Hollister relative to a Special Temporary Sign Permit requesting permission to place a 100 square foot banner on the east side of the building facing Highway 35E from August 19th to September 18th, 1998. Kevin Germen appeared on behalf of Sheryl Forshier, Director of Turner's Gymnastics. It was noted this is the same banner which has been utilized in previous years. Councilmember Huber moved authorizing a Special Temporary Sign Permit subject to the conditions outlined in the prior resolution. Councihmember Smith seconded the motion. Mayor Mertensotto directed Administrative Assistant Hollister to prepare a new resolution embodying the conditions of the approval. REQUESTS FROM Council acknowledged the memo of Administrative Assistant ROSEVILLE PROPERTIES Patrick Hollister relative to the request of Roseville (CENTRE POINT III Properties for the Centre Pointe III office building on the OFFICE BUILDING) southwest corner of Lexington Avenue and Centre Pointe Drive. Mr. Naconne was in attendance to address the Council. Mayor Mertensotto questioned whether there is any significant change in the. exterior of the building. Mr. Naconne stated there will be some slight differences, however, the building will be similar to the style of the other buildings and the same materials will be used. Mayor Mertensotto inquired whether there will be screening Page No. 19 August 18, 1998 on top of the buildings relative to the heating and ventilation system. Mr. Naconne stated there is none at this time, however, the building is lower on Lexington Avenue and there is a berm which will screen from Lexington Avenue and the neighbors. Councilmember Krebsbach asked that the applicant be sensitive to the view of the neighbors and ensure that it is not adversely affected. Councilmember Huber questioned whether the buildings are being constructed too similar. Mr. Naconne stated they are slightly modified and suggested the comer lot which is located behind the Centre Pointe Ill building would offer an opportunity for some variation. TAX INCREMENT Mayor Mertensotto requested Councilmember Smith address the issue of the Tax Increment Financing. Councilmember Smith explained this is one approach which is used is to bring sites with challenges such as this to a more level playing field with other competitive properties in the area so costs of development are not out of line with other properties. Councilmember Smith stated she would support a number of the items which were enumerated relative to bringing this property more in line with other properties. She suggested including sound attenuation for the building. If the building falls within a certain LDN contour, it could qualify for sound attenuation. Councilmember Smith felt many of the costs included are those which are typically supported, however, before the Council can give its commitment, they will need to know the increment. She offered her willingness to participate in some of the costs. Mayor Mertensotto stated he would be willing to give a comfort expression at this time, however, the Council cannot approve the Tax Increment Financing or authorize. a building permit without reviewing the building plans. Page No. 20 August 18, 1998 Mayor Mertensotto suggested Mr. Niconne work with staff relative to the Tax Increment Financing, the architectural design, materials and landscaping. Councilmember Dwyer pointed out complete plans have been submitted and although the TIF cannot be acted on, the building plans could be approved. Councilmember Krebsbach moved issuance of a building permit based on the plans submitted and directing staff to work out the Tax Increment Financing participation. Councilmember Dwyer seconded the motion. Councilmember Smith, inquired when the berming and landscaping concerns raised by Councilmember Krebsbach will be addressed. Councilmember Krebsbach stated the landscaping plan can be considering during the Tax Increment Financing. Councilmember Krebsbach moved amending the motion to include reserving the right to approve the landscaping plan. Councilmember Dwyer seconded the amendment. Ayes: 5 Nays: 0 JOINT PURCHASE OF Council acknowledged the memo of City Clerk Kathleen ELECTION EQUIPMENT Swanson relative to the joint purchase of election equipment with the County. Mayor Mertensotto stated this item will be reviewed by staff and brought back to the Council for consideration. He felt this should be on an actual cost basis only and this matter will be further discussed with the County Attorney's office. CITY ENTRANCE Mayor Mertensotto felt the City entrance monument should MONUMENT be more perpendicular. Councilmember Krebsbach suggested putting "Mendota Heights Welcomes You" on the top since it would be more visible. Page No. 21 August 18, 1998 Mayor Mertensotto stated he would like to keep the sign the way it is and maintain the landscaping around the sign. Councihnember Smith requested staff investigate the possibility of placing city monument signs in the right -of- way since it is not visible on the property line. Public Works Director Danielson stated the sign is currently located in the right -of -way. In discussions with MNDOT, they have not typically allowed signs in the right -of -way, however, they are changing their policy and will consider the placement of city monument signs in the right -of -way. APPOINTMENT OF Mayor Mertensotto recommended the appointment of Mr. PLANNING Steve Kleinglass to fill the vacancy created on the Planning COMMISSIONER Commission by the appointment of Councilmember Dwyer to the City Council. Mayor Mertensotto explained Mr. Kleinglass is a member of the Parks and Recreation Commission and he noted Mr. Kleinglass has requested transfer to the Planning Commission to serve out the unexpired term. Mayor Mertensotto recommended the appointment of Mr. Lawrence Craighead to fill the vacancy on the Parks and Recreation Commission created by the transfer of Mr. Kleinglass to the Planning Commission. Mr. Craighead was in attendance and noted his acceptance of this appointment. Councilmember Huber moved appointing Steven Kleinglass to the Planning Commission and Lawrence Craighead to the Parks and Recreation Commission to fill those unexpired terms. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 NDC4 1999 DRAFT Council acknowledge the memo of City Administrator Kevin BUDGET Batchelder regarding approval of the NDC4 1999 draft Page No. 22 August 18, 1998 Budget. Councilmember Huber reported the revenues have been strong. While being conservative relative to projections and realistic concerning operating expenses, the revenue will be exceeded in 1998. Councilmember Huber noted one of the significant items coming up is the franchise renewal. Joint Powers will also be discussed at that time. Any objection to the Commission's proposed budget must be submitted in writing within 45 days. Mayor Mertensotto suggested reviewing this item at the first meeting in September to allow for Council comment and action at that time. MOSQUITO CONTROL Mayor Mertensotto noted a request has been received that the City ask the Metropolitan Mosquito Control District not to treat any lands lying within Mendota Heights. City Administrator Batchelder explained staff has not had an opportunity to research this issue, however, several cities have requested the MMCD stop treating any lan(is- within their boundaries. He stated staff will speak with those cities and the MMCD regarding this issue. Mayor Mertensotto directed Administrative Assistant Patrick Hollister to contact the cities of Burnsville and Eagan and determine what is being done relative to this issue. He also directed the County be contacted as well and then report back to the Council. ADJOURN There being no further business to come before the Council, Councilmember Huber moved to adjourn the meeting to closed session to discuss pending litigation at 7:00 p.m. on Wednesday, August 26, 1998, with subsequent adjournment to the Budget Workshop. Page No. 23 August 18, 1998 Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:30 p.m. ATTEST: Charles E. Mertensotto Mayor Vl athleen M. Swanson City Clerk Prepared by Cheryl Wallat, Recording Secretary Timesaver Off -Site Secretarial, Inc.