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1997-09-16 Council minutesPage No. 1 September 16, 1997 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 16, 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 Koch and Smith. Councilmembers Huber and Krebsbach had notified Council that they would be absent. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the September 9, 1997 special meeting. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, amended to remove item i, Council recording secretary, and item p, Case No. 97 -32, from the agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 10, 1997 Airport Relations Commission meeting. b. Acknowledgment of the Treasurer's monthly report for August. c. Acknowledgment of the Fire Department monthly report for August. d. Acknowledgment of information regarding the Parkview Plaza dedication ceremony. Page No. 2 September 16, 1997 1 e. Adoption of Resolution No. 97 -54 " RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR PINE CREEK ESTATES AND SURROUNDING AREAS IMPROVEMENTS (IMPROVEMENT No. 93, PROJECT NO. 1)." f. Acknowledgment of quotations for repairs on Vandall Street between Third and Fourth Avenues and authorization to issue a purchase order to Pine Bend Paving for its low bid of $3,795. g. Acknowledgment of bids received for rebuilding the Wentworth Park hockey rink and award of a purchase order to Keller Residential for its low bid of $10,263.00. h. Approval of the probationary appointment of Rich Burrows as Maintenance Worker III with the Utility Department, effective September 17, 1997. i. Direction to staff to inform Dakota County that the Northern Dakota County Service Center facility is not in keeping with the uses and character of the region in Mendota Heights within the search area. j. Acknowledgment of past correspondence on Bunker Hills street reconstruction, for Council's information prior to the Council/neighborhood workshop to be held on September 30, 1997. k. Adoption of Ordinance No. 315, "AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME FOR TRUNK HIGHWAY 110 FRONTAGE ROAD TO "DAKOTA DRIVE." 1. Adoption of Resolution No. 97 -57, "A RESOLUTION APPROVING A LOT LINE ADJUSTMENT TO ROSEVILLE PROPERTIES FOR YORKTON CENTRE POINTE SOUTH, LOTS 5 AND 6 OF BLOCK 1." m. Acceptance of the resignation of Police Chief Delmont, effective October 31, 1997 along with authorization for staff to begin the recruitment process, including establishing a screening committee of seven members including Council and the City Administrator, and with direction to invite the police officers to submit written input to the committee on whatever issues they would like addressed. Page No. 3 September 16, 1997 n. Acknowledgment of information regarding the Minnesota Alliance for Youth Kick -off Event. o. Approval of the list of contractor licenses dated September 16, 1997 and attached hereto. p. Approval of the List of Claims dated September 16, 1997 and totaling $308,027.80. q. Adoption of Resolution No. 97 -58, "RESOLUTION CALLING FOR HEARING ON PROPOSED STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE THE AREA REFERRED TO AS BUNKER HILLS INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS, SOMERSET HILLS NO. 2, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES (IMPROVEMENT NO. 96, PROJECT NO. 3)." Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CASE NO. 97 -17, MENDOTA Council acknowledged a memo from Assistant Hollister regarding HEIGHTS UNITED CHURCH continued discussion on an application from the Mendota Heights OF CHRIST United Church of Christ, along with the following documents provided by the church: Warranty Deed No. 559 -186, and Exhibit A to the deed (legal description and description of driveway easement). Mr. Carl Baumeister, present for the discussion, described the easement area for Council. Councilmember Smith stated that she is concerned that the easement appear on the property record for the parcel owned by the nature center as well as the church's deed. Mayor Mertensotto asked that the church direct its legal counsel to check the property record and verify that the church has the right of access to the highway from the church property, whether through the submitted deed or a series of deeds. He informed Mr. Baumeister that Council can approve the lot reconfiguration on the condition that legal counsel for the church submits a letter to City Attorney Hart verifying that the church does have legal access. Page No. 4 September 16, 1997 Councilmember Smith moved adoption of Resolution No. 97 -59k'A RESOLUTION GRANTING A PRELIMINARY PLAT APPROVAL -TO RECONFIGURE THE LOT LINE BETWEEN MENDOTA HEIGHTS UNITED CHURCH OF CHRIST AND DODGE NATURE CENTER," approving the application for lot reconfiguration, consistent with the plan on file with the city, on the condition that the city receive a letter from legal counsel for the church verifying that the applicant has legal access over its property to the public roadway. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 SUPER AMERICA SIGNS Council acknowledged a letter from Mr. Michael Cronin, representing SuperAmerica, requesting permission to place two temporary banner signs at ground level at the SuperAmerica facility located at T.H. 110 and Lexington Avenue, and to decorate the light standards with red, white and blue streamers for two weeks to announce the opening of the new facility. Council also acknowledged an application for sign permit and a memo from Assistant Hollister. Mr. Cronin and Mr. Mark Erickson were present for the discussion. Mr. Cronin explained that the purpose of the signs and streamers is to announce the grand opening of the store and to let people know that the facility is open. He asked that the signs be allowed at the site for two weeks beginning on the opening date of the store on September 18. He explained that the signs are two feet by four feet and two feet by six feet and will only be about three feet tall and will not present a safety issue. He stated that the fabric banners will be secured to the ground by metal stakes. Councilmember Smith moved to authorize staff to issue a temporary sign permit for two banners and streamers at the SuperAmerica facility on T.H. 110 at Lexington Avenue for a period of fifteen days beginning on September 18, 1997. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 TREE ORDINANCE Council acknowledged a proposed tree removal ordinance along with an associated memo from Assistant Hollister. Mayor Mertensotto stated that he has not had the opportunity to discuss the proposed { - - ordinance with the owners of the largest tract of undeveloped wooded property in the city. Page No. 5 September 16, 1997 Discussion on the proposed ordinance was tabled. SNYDER' S SIGN Council acknowledged an application from Sign Art Company, Inc., on behalf of Snyder's Drug Store, for a 22.14 square foot sign above the south entry to Snyder's. Council also acknowledged an associated memo from Code Enforcement Officer Berg. Responding to a question from Mayor Mertensotto on whether the stacking of the letters in two rows meets the sign ordinance, Public Works Director Danielson stated that the Code Enforcement Officer has informed him that the sign meets the sign criteria for the shopping center. He informed Council that the sign is not illuminated. Mayor Mertensotto pointed out that if Snyder's ever desires to light the sign, they must meet the lighting criteria for signs in the Plaza. He was concerned that the signs on the back of the center were limited to twelve inches, and the request proposes stacking of the name with twelve inch letters in each row. Councilmember Smith stated that she feels the stacked lettering is more appropriate since the entrance over which it will be located is small. She pointed out that at the last discussion with the shopping ' center owner, Ed Paster, Council discussed its concern about the trash bins to the rear of the building and Mr. Paster indicated that he would try to fmd a solution. She asked if Mr. Paster has informed staff that he has found a solution or that he will screen the trash bins. Public Works Director Danielson responded that Mr. Paster has not spoken to him about the matter and that the containers are not just sitting on the blacktop. Mayor Mertensotto pointed out that allowing the trash containers on blacktop presents a dangerous situation, particularly that on a hot day loaded containers could shift and tip over on someone. He felt that a solution might be to place the containers on a concrete slab and enclose them, or that perhaps not every tenant needs a container and one location could be provided for trash, away from the entrance to the building. After discussion, Councilmember Koch moved to authorize the issuance of a sign permit to Sign Art Company, Inc., for Snyder's Drug, for the installation of a sign as requested with the condition that the sign not be lit without further approval from Council. Councilmember Smith seconded the motion. Page No. 6 September 16, 1997 Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 PARK FEES Council acknowledged a memo from Assistant Hollister along with a proposed resolution to increase park dedication fees. Councilmember Smith did not feel that it is equitable not to impose park dedication fees on commercial properties which are not being divided but are being redeveloped for a more intense use than the original use. She pointed to George's Golf as an example, stating that the new use of the property is a much more intense use but there is no park dedication fee. Treasurer Shaughnessy stated that there has never been a change in the boundaries of the property, so there has never been a park contribution required for the property, whereas when United Properties platted its property, it paid park dedication fees for each lot. He stated that the Tousignant property is another example of a parcel which would not be required to pay a park fee when the property develops unless it is subdivided, even though there has not been a fee paid in the past. City Attorney Hart stated that it is a very common occurrence to take a piece of industrial property and develop it for a more intense use, such as enlarging the use or redeveloping a site, or developing an existing platted lot, which could have a significant impact on use of the park system, and it would be legitimate to require a park contribution for those properties. Assistant Hollister informed Council that he has received comments from Dale Glowa, of United Properties, stating that with the exception of the Acacia area United Properties gave park dedication fees to the city on an acreage basis rather than a per lot basis. Mr. Glowa was concerned that if the fee schedule is adopted United Properties might be required to pay park contributions again. He stated that Mr. Glowa also stated that he would prefer a fee requirement of 5% versus 10% of market value for commercial/ industrial properties.. Councilmember Smith agreed that 10% is to onerous. Mayor Mertensotto stated that the percentage is discretionary on the city's part and that while the fee could not be greater than 10 %, Council could reduce the percentage. Page No. 7 September 16, 1997 i Councilmember Koch expressed concern that people who have already paid a dedication fee could be required to pay again, which would amount to double taxation. With respect to higher intensity uses, she did not think it would be fair to charge again for the same property. Councilmember Smith felt that there are too many questions unanswered for Council to take action on the proposal. Attorney Hart stated that Council should keep in mind that the initial fee is paid with the initial development of a property. He felt that it would be fair, equitable and appropriate to charge a park dedication fee if there is an intensified use or redevelopment of the property, on the basis that credit is given for the initial fee that was paid. Mayor Mertensotto pointed out that George's Golf took away some of the demand on the city's park system, but now that there is a 140,000 square foot office structure being constructed on the property there will be many employees on the site who will likely use the city's recreational facilities. He suggested that the resolution be amended with the condition that Council will be making a future change regarding commercial and industrial property where there is an increase in the intensity of use. Councilmember Koch stated that she could not approve the resolution subject to future revisions. She felt that the amount of the increase is excessive and stated that she needs a better reason to increase the fees other than Mendota Heights charges lower fees than other cities. She also felt that $1,000 per unit for apartments seems excessive and suggested that the fee be incremental — as an example, $1,000 per unit for the first ten units and then a reduced amount. Mayor Mertensotto stated that the issue was raised by the Park Commission because the Special Park Fund is not gaining any funds but every time Council authorizes an expenditure from the fund, the fund balance is reduced. He pointed out that the city's costs for park equipment and replacement are also going up. Councilmember Smith felt that the proposed fee for residential lots is appropriate, but that she would like to have some information on how the assessor's market values compare to sale prices for recently sold properties. Page No. 8 September 16, 1997 It was the consensus to return the matter to the Parks Commission for review of Council's comments and concerns. COMPREHENSIVE PLAN Council acknowledged a memo from the City Administrator WORKSHOP recommending that Council schedule a joint with all city commissions for Tuesday, October 14, 1997 at 7:30 p.m. in the City Council Chambers to identify and prioritize Comprehensive Plan update issues. Councilmember Smith moved to schedule a Council /Commission workshop for 7:30 p.m. on October 14, 1997 for discussion on Comprehensive Plan update issues. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 COUNCIL COMMENTS Council acknowledged correspondence from the owner of property at 670 Apache Lane regarding water damage at the property address, most recently on August 18, 1997. The general consensus was to refer the letter to the city's liability insurance carrier for processing. ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to 3:00 p.m. on September 25, 1997 at the Parkview Plaza facility for dedication of the Senior Center, with subsequent adjournment to 7:00 p.m. on September 30, 1997 at City Hall for closed session to discuss litigation and 7:30 p.m. on September 30, 1997 for a City Council workshop with residents of the Bunker Hills neighborhood. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 8:51 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL September 16, 1997 Excavatincr Contractor License Jeanetta & Sons Excavating Gas Pi -ing Contractor License Main Line Plumbing Romark, Inc. Hvac Contractor License Romark, Inc. General Contractor License Advance Construction Company Inglas, LLP Metro Manufacturing, Inc. Sign Contractor License Leroy Signs, Inc.