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1993-10-19 Council minutesPage No. 3789 October 19, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 19, 1993 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, 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, Krebsbach and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the October 5, 1993 regular meeting as amended. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, amended to move item 5g, 3M building permit, and 5h, stop sign request, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the October 12, 1993 special Planning Commission meeting. b. Acknowledgment of the minutes of the October 12, 1993 Park and Recreation Commission meeting. c. Acknowledgment of the minutes of the October 13, 1993 Airport Relations Commission meeting. d. Acknowledgment of the Treasurer's monthly report for September. e. Acknowledgment of the Fire Department monthly report for September. Page No. 3790 October 19, 1993 f. Adoption of Resolution No. 93 -67, "RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE OF CITY PARKS AND PROPERTY." g. Acknowledgment of the ice rink report for the 1992 -93 winter season and approval of the Ivy Park warming house hours. h. Adoption of Resolution No. 93 -68, "RESOLUTION OPPOSING THE IMPOSITION OF UNFUNDED MANDATES AND ENDORSING A PUBLIC AWARENESS CAMPAIGN TO DESCRIBE THE FISCAL BURDENS ASSOCIATED WITH SUCH MANDATES." i. Scheduling of a public hearing on November 16, 1993 at 7:45 p.m. for the purpose of expanding the commercial and industrial street light district. j. Approval of the list of contractor licenses dated July 6, 1993 and attached hereto. k. Approval of the list of claims dated October 19, 1993 and totaling $256,951.95. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 3M BUILDING PERMIT Councilmember Koch moved to approve the issuance of a building permit to 3M to add two dry chiller units and a fence on the south side of the 3M building at 2465 Lexington Avenue South subject to review and approval of the final plans by the Fire Marshal and Code Enforcement Officers with the condition that the proposed landscaping be installed. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Smith PUBLIC COMMENTS Mayor Mertensotto reviewed a newspaper article regarding a suit undertaken by the Minnesota Public Lobby and South Metro Airport Action Council against the MAC. He informed the audience that the appeals court ruled against the MAC on air noise standards. It was the decision of the court that state noise control measures established by the Pollution Control Agency do apply to the airport. Page No. 3791 October 19, 1993 Councilmember Krebsbach moved to direct staff to draft a resolution commending the Minnesota Public Lobby and South Metro Airport Action Council for their efforts. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto informed the audience that on October 26, from 7:00 to 8:00 p.m. government access channels 19 and 33 will conduct a live call-in program to discuss the cable act as it applies to Northern Dakota County cable operations. STOP SIGN REQUEST Council acknowledged a letter from Mr. Charles Skemp, 1060 View Lane, requesting stop signs at the intersection of Butler Avenue and View Lane. Council also acknowledged an associated report from the Public Works Director recommending that a yield sign be placed on View Lane at Butler. Mr. Skemp thanked the police and engineering departments for their review of his request but stated that he does not agree with the recommendation because it does nothing to address the problem. He informed Council that he lives near the intersection and that Butler is heavily used during the summer months as a route to Ivy Hills Park. He felt that the angle of the intersection, the incline of the two streets, and the fact that traffic to the park in the evening faces into the setting sun all contribute to a dangerous situation. He felt that the intersection is particularly dangerous for people on bikes, stating that because of the angle of the intersection a bicyclist nearly hit his car recently as he was driving through the intersection. He stated that the slope of Butler increases as cars go down the hill and drivers cannot see all the way down the hill from the intersection. He pointed out that there are no sidewalks in the neighborhood and people must walk on the street to get to the park. He felt that additional housing being built on Butler at the bottom of the hill will increase traffic. He pointed out several all-way stop intersections in the neighborhood, stating that in his opinion, those intersections are safer than Butler/View. Mr. Skemp stated that he would like to see stop signs installed Page No. 3792 October 19, 1993 before his children or his neighbors' children get hurt. Mayor Mertensotto responded that the stop signs cited by Mr. Skemp were installed to deter people from using neighborhood streets as arterials to get to T.H. 13. He explained that when requests for traffic control devices are received, they are referred to the police and engineering departments for review and recommendation. He stated that the Public Works Director and Police Chief feel that Butler should remain a through street but View could be either stopped or yielded. Mr. Skemp responded that the recommendation does nothing to increase the safety of his children and others who play in the neighborhood. He asked if the city would install a "slow - children playing" sign. Public Works Director Danielson responded that the city does not install such signs but has allowed neighborhoods to put them up. Councilmember Huber asked Mr. Skemp if he would go along with the recommendation at this time and that the Police Department can be directed to review the request again in the spring or summer when the park use increases again. Mr. Skemp responded that he honestly feels there is a risk to his children. Public Works Director Danielson stated that the problem that occurs when stop signs are installed where they are not warranted is that people tend to go through them, which creates a greater hazard for pedestrians who feel more secure because of the signs. Staff was directed to return the request to the Police Department for review again to see if a four-way stop is warranted because of the terrain and the angle of the intersection. Councilmember Koch stated that she would like to see Council agree to a stop sign on View Lane at this time and bring the matter back in the spring for additional signing to alert people to the steep grade, etc. Page No. 3793 October 19, 1993 LILYDALE UTILITY Council acknowledged a report from the Public CONNECTION Director regarding a request from Mr. Bill Strub to allow sanitary sewer and water connections to the Mendota Heights mains located on Victoria Road to serve property located in Lilydale. Mr. Strub informed Council that he is proposing to construct six townhouse units on the site, located on Victoria at T.H. 13. Mayor Mertensotto stated that the Public Works Director has recommended a hook -up charge of $21,710.90, further stating that anything less than that figure would amount to subsidizing the project. Councilmember Krebsbach asked if the recommended charge is adequate, pointing out the cost to individual who recently appeared before Council for the development of the Evergreen Knolls outlot. Mr. Strub responded that when Victoria was rerouted, the utilities should have been run across the street and that the County now wants the utilities brought under the street. He explained that because of the right -of -way rerouting he must incur considerable cost which cannot be assessed. Councilmember Smith stated that the conditions of the development have changed since Mr. Strub will only purchase a portion of the undeveloped property. She was concerned that the remainder of the lot may be unbuildable and could become an eyesore for Mendota Heights and Lilydale. Councilmember Krebsbach stated that she has heard that Dandy's and Chet's, located on T.H. 13, would like to expand. Mr. Strub informed Council that his project will include heavy landscaping. With respect to Dandy's and Chets, he stated that the property is zoned R -2 and the businesses cannot expand under that zoning. Councilmember Smith suggested that approval of the connection at the recommended charge should be conditioned upon Mr. Strub purchasing the whole property and building only six townhouses. Page No. 3794 October 19, 1993 Mr. Strub responded that he is not interested in building anything other than five or six townhouse units. He explained that they will technically be walk-outs and will appear to be one-story structures at the street. Mayor Mertensotto stated that Council action will be taken on the matter until Mr. Strub makes a final request and that conditions of approval will include a $21,710.90 connection charge and construction of no more than six units. FIRE AWARDS Council acknowledged a memo from Fire Marshal Kaiser recognizing eleven businesses who have received a second certificate for fire safety and the following businesses for being recognized for 1993 for timely response to the correction of fire safety deficiencies: the American Registry of Radiologic Technologists, Center for Diagnostic Imaging, Cherry- Richline, LCS Metal Stamping, Mendota Heights Cycling and Fitness, Minnesota Knitting Mills, Snyder Drug and Tempco Manufacturing . Mayor Mertensotto, Fire Marshal Kaiser and Chief Maczko presented plaques to representatives who were in attendance. UNITED PROPERTIES Mr. Dale Glowa, from United Properties, CASE NO. 93-22 was present to request approval of a conditional use permit for PUD for a campus type expansion to the Northland Insurance (NIC) Corporate Headquarters building located at 1295 Northland Drive. Mr. Glowa explained that he is requesting a conditional use permit including three variances: a zero lot line for building setback, an 18 foot setback for a pedestrian walkway to connect to the existing building, and a 20 foot front yard setback variance for a monument sign. He also asked Council to direct the City Attorney to prepare a developer's agreement for tax increment financing and to authorize a building permit subject to review and approval by city staff. With respect to Planning Commission recommendations, Mayor Mertensotto stated that Council wants to know that there are cross- easements and covenants but that these are private matters and Council will not direct Page No. 3795 October 19, 1993 review by the City Attorney so that the city does not become involved in any deficiencies. Mr. Glowa reviewed graphics on the proposed development, informing Council that Phases 1 and 2 of the development will hold 650 employees combined. Phase three would add another 100,000 square feet of building on the site and could accommodate another 950 employees. He stated that NIC will be signing a 12 year lease and there will be no spec office space in the building, but rather that it will be 100% leased by NIC. He explained that phase 2 of the development will be a three story building built on the south line of Lots 2 and 3. All of the parking for phase 2 will be surface or garage parking - there will only be a ramp is phase three is done. He informed Council that 31% of the site will be green space and there will be extensive irrigation and landscaping, and 689 parking spaces will be provided. He stated that there will be 30 parking spaces in the basement of the new building and there are 25 spaces in the basement of the existing building. Mr. Glowa stated that United Properties or its parent company will continue to own the property and will have a long term lease with NIC. With respect to TIF, he stated that United Properties asks that the TIF benefit go to NIC as long as NIC is the tenant of the building. Mayor Mertensotto stated that Council wants the benefit to go to NIC but that he is concerned about transfer of ownership. Attorney Hart responded that the city is not investing any up front benefit, so that if NIC ceases to be the occupant, the pay-as-you-go benefit immediately ceases - as long as NIC is the tenant, the pay-as-you-go stream would continue. Councilmember Huber pointed out that at the Council discussion on TIF in May, Mayor Mertensotto stated that TIF should be conditioned on United Properties holding an interest in the building. Mayor Mertensotto responded that United Properties is in the same corporate family as NIC and the TIF would be used to keep an existing employer in the city. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 3796 October 19, 1993 Mr. Glowa stated that if NIC moves out of the building, United Properties would totally agree that the benefit ceases. There was discussion over how the TIF benefit would be treated if NIC were to sublet the building. Mayor Mertensotto felt that the agreement should state that NIC must be the principal tenant, occupying more than 50% of the building in order for the pay -as- you -go to continue. Councilmember Smith asked Mr. Glowa if he has given any though as to how a separation of the buildings can be accomplished in the event that at some time the development no longer works as a campus facility. In response, Mr. Glowa reviewed drawings on how the separation could occur, stating that the cross - easement agreements and protective covenants would become effective if separation occurs in the future. Responding to a question from Mayor Mertensotto, Mr. Glowa stated that the projection for phase 3 is the year 2000. Mayor Mertensotto suggested that the second and third conditions of the third paragraph in the proposed approving resolution be deleted, and that the fourth condition be incorporated into the last paragraph of the resolution. He also stated that engineering review of grading and drainage plans should be included in the resolution. Councilmember Krebsbach moved adoption of Resolution No. 93 -69, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR NORTHLAND INSURANCE COMPANIES CAMPUS HEADQUARTERS BUILDINGS," revised as suggested by Mayor Mertensotto. Councilmember Smith seconded the motion. Councilmember Smith moved to direct the City Attorney to prepare the appropriate developer's agreement regarding tax increment financing. Councilmember Koch seconded the motion. Page No. 3797 October 19, 1993 Councilmember Smith moved to approve the building permit for NIC phase 2 subject to review and approval of the building plans by the Code Enforcement Officer and Fire Marshal and subject to engineering department review of grading elevations and drainage. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 COMMUNITY SURVEY Council acknowledged a written summary report of the TH 110/Dodd Road community survey from Decision Resources. Mayor Mertensotto stated that the matter is on the agenda for the sole purpose of accepting the report and authorizing a final payment to Decision Resources, not for any action on the issue of turn-back or retention of the T.H. 149 right- of-way. It was the consensus of Council to conduct a workshop immediately following the November 16 meeting. Councilmember Krebsbach moved to accept the Dodd Road/Highway 110 Community Survey report and authorize final payment of $2,500 to Decision Resources, Ltd. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved to conduct a workshop immediately following the November 16th regular meeting and to establish a time limit so that the workshop can be adjourned by 10:00 p.m. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Mr. Brian Birch, present for the discussion, stated that he believes the results of the survey are clear that the right-of-way should be released and asked why Council needs a workshop. Councilmember Krebsbach responded that the responses to the question of whether to hold the right-of-way or release it for development were very close, and this is the real need for the workshop. Mayor Mertensotto asked that the City Administrator provide the HRA senior housing criteria for the workshop. Page No. 3798 October 19, 1993 Administrator Lawell pointed out to the audience that the workshop is a public meeting and that Council is not permitted to take formal action on an issue at a workshop. CITY HALL USE POLICY Council briefly discussed the proposed City Hall Use policy, revising the philosophy section. Councilmember Smith moved to adopt as revised, to be effective on January 1, 1994. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PUBLIC WORKS REPORT Council acknowledged the Public Works monthly report for September. It was the consensus that future reports should be narrative reports informing Council on unusual events, progress on projects and information on major equipment breakdowns. RECESS Mayor Mertensotto called a recess at 10:10 p.m. The meeting was reconvened at 10:23 p.m. NDC-4 JOINT POWERS Council acknowledged receipt of the proposed amended NDC-4 Joint Powers Agreement, along with an associated memo from the City Administrator and a letter from NDC-4 Attorney Mike Sokol. Mayor Mertensotto stated that the draft incorporates many of Council's suggestions and that he believes it addresses all of the concerns that have been raised. He asked whether there will still be an executive committee to authorize bills and stated that the commission should have the responsibility for authorizing payments and if the executive committee is to approve claims there should be a cap on the amount of an expenditure they can approve. Councilmember Smith responded that she feels the budget approval process is not fully defined - it takes approval of six of the seven member cities to pass a budget, and if there is an objection, the agreement does not adequately describe what the process is to resolve the dispute. Mayor Mertensotto stated that it has been recommended that each city should get a copy Page No. 3799 October 19, 1993 of the proposed budget and if they do not respond in a certain number of days, the budget is considered approved. Councilmember Smith stated that she is concerned about resolving objections in a timely matter. She stated that another problem is that any member may withdraw after March 7, 2000, (page 15 of the agreement) but it does not say what right any withdrawing member has to the assets after that time. She felt that this should be spelled out in the agreement. Councilmember Huber stated that the agreement gives withdrawing members no rights to any assets. Councilmember Smith stated that other sections of the agreement indicate that each member city does have rights to some of the assets and also on dissolution. She asked whether there is implication that members have rights if they withdraw, and pointed out that if one or two of the bigger cities withdrew it would be very difficult for the commission to survive. Administrator Lawell responded that four cities must leave in order to trigger the dissolution clause - if fewer than four withdraw, the commission could continue on and hold the assets. Attorney Hart stated that the ultimate determinant will be the intent of the parties and the only right anyone would have to distribution of a portion of the assets would be by an express grant of authority in the agreement. Mayor Mertensotto responded that there are no rights granted in the agreement. Councilmember Smith stated that based on this assumption, the agreement is acceptable to her. Council directed staff to draft an authorizing resolution to approve the agreement, including the stipulation that approval would be conditioned upon approval by all seven of the member cities. Page No. 3800 October 19, 1993 AMM POLICIES Council acknowledged the Association of Metropolitan Municipalities draft legislative policies for 1994 along with an associated memo from the City Administrator recommending five top priorities. It was the consensus that the five policies recommended by the Administrator have the highest priority for the city. Councilmember Krebsbach stated that she does not support the proposed policy for a 6.5 cent gas tax increase as stated on page 56 of the draft policies. It was the consensus that Council opposes adopting a sales tax on gasoline. COUNCIL COMMENTS Councilmember Huber informed Council that Jody Miller has been appointed as the new NDC-4 Executive Director. Councilmember Smith informed Council that she had attended the Grauman Field dedication and that the ceremony was wonderful. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:00 o'clock P.M. KAthleen M. Swanson City Clerk F.,VWWQW Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL October 19, 1993 Excavating License Belair Builder's Fogerty Excavating, Inc. General Contractors License Anderson -Mann Construction Co. B.C. Fire Protection Diebel Construction EauClaire Paint and Glass R. Schuller Construction Terra North Inc. Stucco /Drywall License Chris Brown Drywall