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1997-07-15 Council minutesPage No. 1 July 15, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 15, 1997 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 Krebsbach. Councilmember Smith had notified Council that she would be late and arrived at 7:45. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the May 20, 1997 regular meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Councilmember Koch moved approval of the minutes of the June 1, 1997 regular meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved approval of the minutes of the July 1, 1997 regular meeting as amended. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for June. Page No. 2 July 15, 1997 b. Acknowledgment of the Fire Department monthly report for June. c. Acknowledgment of receipt of correspondence from Carl Drake, Jr., expressing support for a deer hunt in the fall. d. Acknowledgment of correspondence from Dakota County Capital. e. Acknowledgment of receipt of correspondence form the MAC regarding MAC staff responses to telephone complaints on noise. f. Approval of the permanent appointment of Linda Shipton to the Administration/Utility Secretary position effective July 16, 1997. g. Approval of the permanent appointment of Nancy Bauer as Engineering Secretary effective July 16, 1997. 3i1 h. Adoption of Resolution No. 97 -24, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 95, PROJECT NO. 4," (Wentworth Watermain). i. Authorization for an expenditure of up to $2,000 from the Council budget for contingency purposes for the 6t' Annual Celebrate Mendota Heights Parks! k. Authorization to advertise for bids for the 1997 Seal Coating Project. I. Acknowledgment of a memo from Project Manager Guy Kullander regarding final payments for the fire hall roof replacement and authorization for payments to Inspec, Inc. for $1,200 for inspection service and to Berwald Roofing Company for $67,309.00 for roof replacement. m. Approval of the List of contractor licenses dated July 15, 1997 and attached hereto. Page No. 3 July 15, 1997 n. Approval of the List of Claims dated July 15, 1997 and totaling $1,498,166.84. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 DODD ROAD /T.H. 110 Council acknowledged memos from Engineer Mogan regarding FRONTAGE ROAD a Mn/DOT cooperative agreement for the T.H. 110 frontage IMPROVEMENTS road and cost participation for the T.H. 149 trail. Engineer Mogan briefly reviewed the reports. Councilmember Krebsbach moved adoption of Resolution No. 97- 35, "RESOLUTION AUTHORIZING EXECUTION OF MNDOT COOPERATIVE AGREEMENT NO. 76203 FOR GRADING, SURFACING, AND STORM SEWER CONSTRUCTION ON THE T.H. 110 SOUTH FRONTAGE ROAD." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 97- 36, "RESOLUTION AUTHORIZING CITY COST PARTICIPATION FOR BITUMINOUS WALK CONSTRUCTION ALONG T.H. 149 BY COOPERATIVE AGREEMENT WITH MNDOT." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PINE CREEK ESTATES Council acknowledged a memo from Engineer Mogan regarding reconsideration of the contract award for pine Creek Estates utility improvements. Councilmember Krebsbach asked if the developer knew when he bought the property that the sewer line was to the west. Mr. Mogan responded that the developer was aware that sewer was to the east. He further stated the city's "superblock" study identified the proposed location of utilities services for the property. Councilmember Krebsbach stated that in her history on the Planning Commission and Council, she cannot recall that the city has every spent so much money to serve two lots. Page No. 4 July 15, 1997 Mr. Mogan responded that he estimates now that the city would be carrying $67,000 of the cost versus $51,000 as had been anticipated in the feasibility study. Councilmember Krebsbach stated that she wants to be sure that the capacity of the sewer can serve the future development area and that she also wants it to be clear that the improvement will not serve just the Pine Creek Estates but rather that it is with the understanding that the utilities can also serve the Ridder property in the future. Responding to a question from Mayor Mertensotto, Treasurer Shaughnessy stated that if the project is approved and the city carries financing, it must be noted in the superblock file that the costs must be picked up when development occurs. Mayor Mertensotto felt that the project should be done.. He pointed out that the major cost is for jacking the utilities under Dodd and that work will not get cheaper in the future. He felt that the proposed construction is the best way to serve the entire property in the future. Councilmember Krebsbach stated that she would hate to approve this project because of pressure to complete the T.H. 110 frontage road portion of the construction contract. Councilmember Smith expressed concern about the city carrying the $67,000, not just concern for the city but also concern for the property owners who will be paying those costs in the future. Councilmember Huber pointed out that even though the city may carry the costs long -term, they will be recoverable at some time and the city is not forcing development of the currently undeveloped property. Councilmember Krebsbach stated that it is understood that the cost of oversizing of pipe is not normally incurred to serve a property, but pointed out that the city had no agreement with the developer of Pine Creek Estates to serve the property. She also stated that when the developer platted a flag lot, the city in no way agreed to carry the cost to provide utilities to the property. Councilmember Smith stated that she would like it to be clearly understood what the implications are in terms of carrying the $67,000 and future recovery. Page No. 5 July 15, 1997 Mayor Mertensotto stated that the cost would be the original amount plus interest accumulating in the future. He pointed out that the city has not discussed the matter with the adjoining property owners because Council does not want to put pressure on them to develop their property. Councilmember Smith stated that if the adjoining owners should plan to develop in the future, perhaps they would not want the carry costs to accumulate. Engineer Mogan responded that the real issue is benefits received. Mayor Mertensotto stated that the oversizing costs would be added into the overall property development costs. He stated that Council has agreed to carry the cost of oversizing in the past but it has not been practice to construct improvements with oversizing unless a project is in sight. Councilmember Krebsbach stated that Council is aware of the sensitivity of the superblock and she did not think that Council would want to put any development pressure on the owners of the property Attorney Hart stated that the ultimate test statutorily is the benefit to the property and how that test will apply to the oversizing costs plus interest at the time. He further stated that if the costs were more than the benefit received, the city would have to bear the cost, but it may cost far more to do the project in five years than it would cost today plus interest. Mayor Mertensotto felt that constructing the project now would benefit the property owners more than delaying construction to the future. Councilmember Huber moved to amend the action taken on July 1, 1997 to adopt Resolution No. 97 -30, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR SANITARY SEWER, WATERMAIN, STORM SEWER, AND STREET IMPROVEMENTS TO SERVE PINE CREEK ESTATES, JOB NO. 9304, IMP. NO. 93-1 & T.H. 110 S. FRONTAGE RD., JOB NO. 9610, IMP. NO. 96-2, S.P. 1918 -98." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 j Page No. 6 July 15, 1997 GIRL SCOUT AWARDS On behalf of the City Council, Mayor Mertensotto presented awards to Janelle R. Den Bleyker, Jennine M. Huber and Kasey Tunell, recognizing their achievements in attaining the Girl Scout Gold Award. Ms. Den Bleyker and Ms. Tunell were present to receive their awards. ZIGGY' S Mr. Larrie Mack was present to request Council approval for a band to perform outside of Ziggy's Deli for a birthday party on the evening of July 28. Mr. Mack submitted a letter to Council explaining his request. Mayor Mertensotto stated that he would consider the request if it were to conduct the party inside of the Deli or if the resident wanted to reserve a park for the party and play some music over a short period of time, but the request raises a question of what is entertainment and what is a private party. Mr. Mack stated that he is using the birthday as an excuse to have a band, that he is paying for the band and could have the entertainment in the common area in the mall or in the restaurant. He stated that all he is asking is to have music outside from 6:30 to 9:30 p.m. instead of holding it inside. He stated that he will not do any advertising. Mayor Mertensotto responded that all of a sudden the proposal is that Mr. Mack hire a band to play outside the restaurant, and that would set a precedent. Mr. Mack stated that he is not asking for precedent, but that he is asking for permission to have the party outside instead of inside. He stated that there would be a live band with amplifiers. Mayor Mertensotto stated that if the event were to be held inside and the other merchants have no objection, he would consider it, but that allowing the activity outside, with amplified music, could bother area residents. He stated that approving the request would set a dangerous precedent and he would not support it. Councilmember Smith stated that she would like to know what the city policy has been and what the impact could be. She stated that while she cannot support the activity at this time, she would be happy to review the research on past policy. Mr. Mack responded that he was always told that live entertainment was not outlawed but he would have to ask permission for each event. He stated that the letters he has received from the city in Page No. 7 July 15, 1997 response to past requests have all stated that there could not be any live entertainment outside. Mayor Mertensotto stated that as far as he is concerned, Mr. Mack is running a business and is trying to bring in a band to promote his business. Councilmember Koch asked if the city has the right to deny the request if it is on private property so long as there are no objections from the other business owners. Councilmember Huber stated that he is concerned about how noise from the activity would impact the people across T.H. 110. Responding to a question, Mr. Mack stated that he would like to have a couple of events a year. He stated that city staff told him that he would have to ask for Council permission for the live music. He further stated that there is no city law written about live music. City Attorney Hart responded that a use must be permitted within the district in which a business is located, and live music is not a permitted use within any district. Mayor Mertensotto pointed out that even though Mr. Mack had told him the event was a private birthday party, he has admitted this evening that it is really a promotional event. Councilmember Huber stated that he could not support because of the potential noise problems for neighbors. TEMPCO Council acknowledged a memo from Assistant Hollister regarding continued discussion on a request from building permit from Tempco for a 30 by 39 foot addition to the elevation of its existing building. Mayor Mertensotto reported that he has met with Tempco representatives to discuss possible improvements to the Tempco site with the possibility of financial participation from the city. He informed Council that Tempco has owned its manufacturing facility since the early 1960's. He stated that the facility is located within the city's office park and does not fit, but Tempco does not want to spend money to do something that will just be of benefit to the city because it is in a very competitive industry. He informed Council that the Tempco representatives stated that the city wants Tempco to dress up its property, yet they pointed to the weeds along the Page No. 8 July 15, 1997 abandoned railroad right -of -way and trail near the Tempco property. He explained that if the city is willing to spend some money, Tempco is willing to do something to improve the appearance of its property. He reviewed his discussions with Tempco and stated that they have agreed to make some changes that the architect retained by the city has recommended. He stated that one request that had been made was that Tempco remove the road along the building, but that road is needed to transport materials form one part of the building to another, and also provides access to the building for a handicapped partner. He stated that while the road must stay, Tempco has agreed to narrow it and install a blacktop curb and do some landscaping. Tempco is also willing to close one of its two driveways. Councilmember Koch stated that the property owners came to the city for a building permit for an addition and did not tell Council it would be a good time to improve the building or ask for city assistance. Responding to a comment from Councilmember Krebsbach about the addition on top of the building, Mayor Mertensotto stated that Tempco indicated that it must either construct the addition or find another site. Councilmember Smith stated that she has a problem with deferred maintenance turning into city responsibility. She stated that unless the city participation in the project gives the owners more incentive to maintain the property she is not interested in proceeding. Mayor Mertensotto responded that part of the city contribution would be for a sprinkler system, which is for life safety purposes. He stated that the Tempco building sits in the business park area and the complaint of Tempco is that the more they improve their building, the more their taxes increase. He stated that if Council members object to the use of TIF, he must know now. He explained that he proposes a $50,000 up front TIF contribution and $5,000 a year for ten years on the condition that Tempco continues to own the building. He stated that the up front TIF is proposed to be used for sprinkler system installation. He informed Council that the city's Fire Marshal will not approve the addition unless a sprinkler system is installed for fire safety, and that Tempco has agreed to undertake the sprinkler system. Councilmember Krebsbach stated that her primary interest has been the addition on the roof, but the proposed design does not address that issue. She stated that the addition should be something other Page No. 9 July 15, 1997 than just block, and she could support TIF for the proposed sprinkling and landscaping improvements if the addition is enhanced. Mayor Mertensotto stated that the architect who has been working for the city does not feel that the addition is the problem that should be addressed first. Councilmember Smith stated that there has been a pay back to the city for all of the projects TIF has participated in, and that enhancing the appearance and value of the property would bring a pay back through increased taxes. Councilmember Krebsbach stated that she would like to see the building sprinkled and would support the proposal for life safety purposes but that she would like to see what can be done to upgrade the addition. Mayor Mertensotto responded that what the architect is saying is that other things should be looked at first and that the addition is not the problem as much as the existing facility. He stated that Tempco will undertake six different projects, including sprinkling, and TIF would support one half of the cost of the exterior improvements, and the cost of the sprinkler system when all of the work is completed. Councilmember Smith stated that she could agree to the use of TIF if there is a procedure for pay back of the up -front TIF in the event of a change of ownership. Councilmember Huber agreed, stating that pay -back should be a condition of the agreement. City Attorney Hart stated that the city's policy and all of the TIF agreements are consistent in requiring pay back on up front payments upon the sale of a property. CENTRE POINTE Council acknowledged a memo from Assistant Hollister regarding a request from Mr. Hugh Cullen, Roseville Properties, for minor revisions in the site plan for the Centre Pointe Office Building which Council has approved for construction at the northeast corner of Centre Pointe Drive and Centre Pointe Boulevard. Mr. Cullen was present for the discussion. Mr. Cullen informed Council that after the plan was approved by Council, Roseville Properties found some minor changes it would Page No. 10 July 15, 1997 like to make. Those changes include realignment of the curb cut on the north end of the site, moving the building up 20 feet to allow a row of parking to the rear and reducing the elevation of the building so that it will be the same height as the Gopher State One Call building. He informed Council that the rooftop units will be screened consistent with the Gopher State building. Councilmember Huber moved to approve the modifications as requested and authorize issuance of a building permit, subject to the initial conditions of approval. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 NORTH KENSINGTON PARK Council acknowledged a memo from Parks Project Manager Guy Kullander regarding concept approval for North Kensington Park improvements. Mr. Kullander was present for the discussion. Mr. Kullander reviewed the proposed concept plan and responded to Council questions. Councilmember Krebsbach moved to approve the concept plan and direct Parks Project Manager Kullander to prepare final plans and request bids. Councilmember Smith seconded the motion Ayes: 5 Nays: 0 TREE ORDINANCE Council tabled discussion on a memo and draft tree ordinance submitted by Assistant Hollister. WORKSHOP Council acknowledged a memo from Assistant Hollister regarding and invitation to Council from the Planning Commission to attend the Commission's Cellular/PCS Workshop on July 22. It was noted that if three or more members plan to attend the workshop, this evening's meeting must be adjourned to that date. Councilmembers Huber, Koch and Smith indicated that they would attend. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned to the Page No. 11 July 15, 1997 Cellular/PCS Workshop at 7:00 p.m. on July 22. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:59 o'clock P.M. 4z&, A �- Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor