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1994-08-02 Council minutesPage No. 4099 August 2, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Budget Workshop Held Tuesday, August 2, 1994 Pursuant to due call and notice thereof, the budget workshop of the City Council, City of Mendota Heights, was held at 6:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 6:00 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Councilmember Koch had notified the Council that she would be out of town. Also present were Administrator Lawell, Treasurer Shaughnessy, Police Chief Delmont, Public Works Director Danielson, Fire Chief Maczko and City Clerk Swanson. BUDGET DISCUSSION The Council acknowledged receipt of the proposed budget for 1995. Treasurer Shaughnessy reviewed the budget and tax implications. Administrator Lawell reviewed tax comparisons for the base budget, valuation increases and add -level items. Council discussed the formula used to determine fees for police service to Lilydale and Mendota and directed Chief Delmont to prepare projected fees based on the types of calls for service and removal of extra - service calls in Mendota Heights. Staff was directed to research the amount of legal fees paid by the city in 1994. Mayor Mertensotto stated that he would support a "hold- the - line" budget for 1995 and that the Burrows Farm acquisition should not be considered for 1995. Councilmember Smith agreed that the farm acquisition should not be funded. Councilmember Huber asked Chief Delmont to provide additional information on the proposed addition of police personnel. ADJOURN There being no further business to come before the Council, the workshop was adjourned. TIME OF ADJOURNMENT: 7:43 o'clock P.M. K thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor Page No. 4099 August 2, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 2, 1994 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 7:45 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Councilmember Koch had notified the Council that she would be out of town. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the July 19, 1994 regular meeting with corrections. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 5b, United Properties/BDS, and 5d, 1994 Street Overlay Project, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for July. b. Approval of continuation of a temporary sign variance for Resurrection Cemetery, as shown on site plans in Planning Case File No. 91-29, for a period of two years. c. Approval of Change Order No. 1, Improvement No. 92-5 (Industrial Park drainage project) for $4,999.00 and authorizing the Mayor and City Clerk to execute the change order. d. Direction for staff to proceed with the construction of a secured file storage area for the Police Department in the lower level City Hall expansion area at an estimated cost of $4,000 including shelving. Page No. 4100 August 2, 1994 e. Approval to rescind Resolution No. 94 -46 and adoption of Resolution No. 94 -49, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL AND CALLING FOR HEARING FOR WATERMAIN IMPROVEMENTS TO SERVE PILOT KNOB ROAD AND ADJACENT AREAS (GARRON SITE, IMPROVEMENT NO. 84, PROJECT NO. 2,2A) AND SANITARY SEWER, WATERMAIN, STORM SEWER AND STREET IMPROVEMENTS TO SERVE ST. PETER'S CHURCH AND PILOT KNOB ROAD AND WATERMAINS TO SERVE THE SOUTHEAST FRONTAGE ROAD (IMPROVEMENT NO. 84, PROJECT NO. 2, NO. 2C) AND SANITARY SEWERS, WATERMAIN, STORM SEWERS AND STREET IMPROVEMENTS TO SERVE MENDOTA HEIGHTS BUSINESS PARK 4TH ADDITION ASSOCIATED BUREAUS (IMPROVEMENT NO. 92, PROJECT NO. 4)," THE HEARING TO BE HELD ON SEPTEMBER 6, 1994. f. Acknowledgment of the minutes of the July 19, 1994 Planning Commission meeting. g. Approval of the list of contractor licenses dated August 2, 1994 and attached hereto. h. Approval of the list of claims dated August 2, 1994 and totaling $388,753.46. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 BDS/UNITED PROPERTIES Council acknowledged a memo from Treasurer Shaughnessy and proposed contract for private development for tax increment financing between the city and United Properties for the BDS project. Mayor Mertensotto stated that in the Associated Bureaus project there was a provision in the contract that the Associated Bureaus legal counsel would provide a comfort letter to the city confirming that all of the items were permissible for TIF by statute. City Attorney Hart informed Council that the contract does include such a provision. He stated that he has spoken to the United Properties legal counsel and received agreement that a comfort letter will be provided in accordance with the provisions of Section 3.5 of the contract. Page No. 4101 August 2, 1994 Councilmember Smith stated that she wants to make sure that the improvements as approved by the Council will be included in the requirements and that the Code Enforcement Officers are fully informed on the conditions which Council approved. Administrator Lawell responded that he will notify the Code Enforcement Officers on the additional conditions above what is required by the building code and will direct them to check to be sure that all of the requirements imposed by Council are met. Councilmember Smith moved approval of a tax increment financing Contract for Private Development between the City and United Properties with respect to United Properties development of the BDS project, along with authorization for execution of the contract by the Mayor and City Clerk. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 1994 STREET OVERLAY Council acknowledged a memo from Public Works Director Danielson regarding the 1994 street overlay project. Mayor Mertensotto stated that it is his understanding that the city took over the responsibility for maintenance of the T.H. 110 frontage road from Mn/DOT in 1970. He informed Council that he has asked the Public Works Director to consider adding two additional blocks of the frontage road, from South Lane to Warrior Drive, into the project because of its deteriorated condition caused by MTC buses and construction traffic. Councilmember Krebsbach expressed concern over the potential for damage to the overlay during construction of the county trail and asked for assurance that construction of any future trail would include repair of any damage done to the overlay. Administrator Lawell responded that the agreement with the county for trail construction will have to include a condition requiring the county to repair any damage done to the street surface. Councilmember Krebsbach moved to authorize the preparation of plans and specifications and advertisement for bids for the 1994 street overlay project, expanded to include two blocks of the T.H. 110 frontage road between Warrior Drive and South Lane. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 j PARK CELEBRATION Council acknowledged a memo from Administrative Assistant Batchelder regarding the success of the "Celebrate Mendota Heights Page No. 4102 August 2, 1994 Parks!," 1994 and recognizing the many volunteers and sponsors who helped make the celebration so successful. Mayor Mertensotto expressed Council's appreciation to all who participated in preparing for and conducting the celebration. On behalf of the Council he presented appreciation certificates to Steering Committee Chair Sharon Koll, Donations Committee Chair Ultan Duggan, Steering Committee member Sam Kilburg, Fire Relief Association President Jim Kilburg, Ladies Auxiliary representative Marilyn Nelson, and Parks Department Leadperson Terry Blum for himself and Parks Department members Mike Maczko and John Boland. AIR NOISE PLAN Council acknowledged receipt of the draft Air Noise Plan of Action prepared by the Airport Relations Commission, along with the minutes of the June 16, 1994 joint Council/Commission meeting. Airport Relations Commission Chair Scott Beaty and Administrator Lawell reviewed the draft plan for the Council and audience. Commission Chair Beaty encouraged residents to call the MAC air noise complaint line when they are bothered by air noise. Mayor Mertensotto suggested that the Commission write an j informational letter to the editor on air noise rather than reacting to media reports. He also recommended that the Commission adopt a resolution urging the MAC to adopt an ordinance to ensure that the federal deadline for conversion to stage three aircraft be January 1, 2000 and that stage two aircraft will not be permitted at MSP beyond that date. It was the consensus to accept the Airport Noise Plan of Action as the framework which will guide the city's efforts to mitigate air noise exposure within the community for the coming year. On behalf of the Council, Mayor Mertensotto congratulated the Commission for its efforts in preparing the plan. GENERATOR Council acknowledged receipt of a memo from Fire Chief Maczko tabulating bids received for a spark - ignited generator for the fire station. Chief Maczko and Assistant Chief Neska were present for the discussion and answered questions from the Council. Councilmember Huber moved to award the contract for a spark - ignited generator set to Interstate Detroit Diesel, Inc., for its low bid of $18,640.00, including $495 in options, and to authorize staff to issue a purchase order for the equipment. Councilmember Krebsbach seconded the motion. Page No. 4103 August 2, 1994 Ayes: 4 Nays: 0 CASE NO. 94-14, CARLSON Council acknowledged an application from Mr. & Mrs. Larry Carlson for a sideyard setback variance for a bituminous driveway on the property line at 805 Wagon Wheel Trail for the purpose of parking a recreational vehicle and dock truck. Council also acknowledged reports from the City Planner and Administrative Assistant along with a proposed resolution to deny the variance as recommended by the Planning Commission. Mrs. Carlson, present for the discussion, objected to the Planning Commission recommendation, stating that the complaint to the Code Enforcement Department about the driveway was submitted by a member of the commission. She informed Council that their bituminous contractor had informed them that no permit was needed for the driveway and that she had been told by someone at the city offices that none was needed. She explained that if no permit is needed, they had no way of knowing that a variance was required. Mrs. Carlson informed Council that class five rock had been installed five months before the bituminous was laid and they received no complaints. She stated that the neighbors were happy because the vehicles were out of sight. Mrs. Carlson informed Council that the bituminous will be removed and the dock truck is no longer stored on the property, but she felt that the city should require permits so that others are not faced with similar problems. Councilmember Smith stated that if the city staff receives general questions about driveways, they should inform residents and contractors to bring their plans in for review to be sure that all zoning requirements are met. She was also concerned about contractors giving out misinformation and suggested that notices about zoning ordinance requirements be sent to blacktop contractors, when they renew their licenses. Attorney Hart stated that a permit is entirely different from zoning issues and the Carlson's contractor should certainly know the difference between zoning code compliance and building permit requirements. Mayor Mertensotto stated that there is no legal basis for hardship and that Council has no choice but to deny the variance. Page No. 4104 August 2, 1994 Councilmember Krebsbach moved to approve the Planning Commission recommendation and adopt Resolution No. 94 -50, "A RESOLUTION DENYING VARIANCES FOR DRIVEWAY AND PARKING SETBACKS AT 805 WAGON WHEEL TRAIL." Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 94-21, BERGET Council acknowledged an application from Mr. Carl Berget for a wetlands permit to allow construction of a four season solarium addition at the rear of his home, 62 feet from the wetlands area at 2455 Pond Circle West. Council also acknowledged reports from the City Planner and Administrative Assistant. Responding to Council questions, Mr. Berget stated that he will remove the existing footings and the solarium will be like a deck, with a wooden floor, above the walk -out level of his home. He explained that he has received and submitted written approvals from his adjoining neighbors and there are no homes across the pond from his lot. After discussion, Councilmember Krebsbach moved to approve a wetlands permit to allow construction of the proposed solarium addition at a 62 foot setback from the wetlands at 2455 Pond Circle West with the condition that the Code Enforcement office verify the adequacy of the footings if they are not removed. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 BJORKLUND BOUTIQUE Council acknowledged a letter from Mrs. Joan Bjorklund in response to complaints received by the city about traffic, parking and concerns about emergency vehicle access during the twice annual Generations Boutique Mrs. Bjorklund conducts out of her home at 2324 Fieldstone Drive. Council also acknowledged related staff memos. Mrs. Bjorklund was present for the discussion. Mayor Mertensotto stated that several neighbors complained about the last boutique and after receiving a call from one of the neighbors, he made a trip to the site and counted 48 parked cars. He further stated that in response to the complaints, Council directed staff to contact Mrs. Bjorklund with respect to its concerns about violation of the home occupation regulations. He informed the audience that in her letter, Mrs. Bjorklund stated that she would reduce the number of days of the boutique and the advertising. He explained that she must reduce the number of cars coming into the neighborhood as well as the number of days and informed Mrs. Bjorklund that the activity is generating traffic out of the scope of the home occupation Page No. 4105 August 2, 1994 and could be an intrusion on the rights of those who live in the neighborhood. He asked Mrs. Bjorklund if it is possible to hold the event at the Mendota Plaza. Mrs. Bjorklund responded that she had not contacted the Plaza but has investigated another site which will be available in the spring. She asked Council to approve a scaled down activity on an experimental basis so that she does not need to move the boutique in the fall and then again in the spring. She stated that she is very concerned about her neighbors and has encouraged them to inform her if they have any complaints. She stated that most of the 33 neighbors she contacted through a recent survey encouraged her to continue. Mayor Mertensotto responded that the proposal to scale the boutique back to five days would not solve the traffic and parking problems and stated that he has spoken to two of those who complained and neither felt the situation would improve. Mrs. Bjorklund responded that the people who live closest to her and are most affected support her. She stated that people who have complained live on Pond View and she did not think there is much parking there on a consistent basis. Mayor Mertensotto responded that parking for the boutique uses all of the residential streets in the neighborhood within one and one -half blocks of the Bjorklund home and that those who have spoken to him expressed concern over the potential safety hazard to children running across the street between parked cars. Councilmember Huber stated that Mrs. Bjorklund is running a very successful business and felt that it would be in her long term best interest to locate the boutique elsewhere. He stated that he would like to discuss the limited scope Mrs. Bjorklund has proposed for the fall but that it must be the last boutique conducted out of the house. Mrs. Bjorklund asked to be allowed to conduct the boutique in the fall on a trial basis and hopefully the facility she has been negotiating for will be available in the spring. Mayor Mertensotto informed Mrs. Bjorklund that she must not get any impression that the boutique would be allowed to continue beyond the fall and must understand that it would be the last one allowed. He did not feel that scaling the boutique back to five days is sufficient and stated that complaints have been received and Page No. 4106 August 2, 1994 Council cannot condone the activity. He stated that the message to the public should be that any activity that goes on for several days and becomes a home occupation generating heavy sales and traffic in a residential area cannot be allowed. Councilmember Krebsbach asked how many vendors participate and if they deliver their products to the home. Mrs. Bjorklund responded that there are 50 to 60 vendors and they deliver their products the day before the boutique, on a scheduled basis so that they do not arrive all at the same time. Mayor Mertensotto asked Mrs. Bjorklund if any neighbors ask for no parking in front of their property, and the city notifies her of the request, if she would mark it for no parking. Mrs. Bjorklund responded that she would absolutely do so and has let the neighbors know that she will block their driveways from parking if they so desire. Councilmember Smith stated that she has received calls from people outside of Mrs. Bjorklund's immediate area because Fieldstone is a main thoroughfare and cars are constantly coming and going. She further stated that the people have indicated that they have to be very much more cautious when their children go outside, not allowing them to play ball in their yards for fear they might chase a ball into the street. Mr. Steve Siegfried, 575 Pond View Drive, stated that ads for past boutiques placed in the Minneapolis Tribune and other papers, did not impress him as being garage -sale type of ads. He informed Council that on one Sunday he counted 48 cars parked at one time, which is a lot of traffic in the neighborhood. He further stated that Mrs. Bjorklund has placed a commercial quality sign in her front yard during the event and the Generations Boutique has near commercial quality fixtures filled with new goods, which to him is really a retail store operating periodically in a residential area. He asked Council to enforce city ordinances relating to parking, signs, garage sales and retail outlets. Mayor Mertensotto responded that the situation the boutique has created in a neighborhood on a repetitive basis over a number of days, bringing people into the area from all over the metro area, is an invasion of the neighborhood. He informed Mrs. Bjorklund that he would support allowing the fall boutique on the condition that it is the last one held in the home, and that she will put up no parking signs if the city informs her of any complaints received. Page No. 4107 August 2, 1994 Mrs. Bjorklund asked for assurance that Council will not close down the boutique if complaints are received but will inform her of any complaints so she can react. After discussion, Councilmember Huber moved to allow the Generations Boutique from November 15 through 19, 1994 between the hours of 9:30 a.m. to 8:00 p.m., Tuesday through Friday, and 9:30 a.m. to 5:00 p.m. on Saturday, November 19 on the conditions that: l.) it will be the last boutique held at the residence and no further permits will be issued; 2) that if neighborhood residents call to complain about parking, Mrs. Bjorklund will place no parking signs at their properties; 3) that parking will be allowed on one side of the street only, on the side opposite mail boxes, for a minimum distance of 300 feet in all directions from the site of the boutique; 4) mail boxes in the area will be roped off and marked no parking; 5) that Mrs. Bjorklund will reduce the level of advertising for the boutique; and 6) that Mrs. Bjorklund will advertise safe driving practices. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 BROOKFIELD LANE Council acknowledged a memo from Administrative Assistant Batchelder regarding a request from the Planning Commission that Council review the possibility of acquiring the private Brookfield Lane from the Kensington Manor Home Association for public access to Outlot B of the Mendota Woods Addition. Mr. Jerry Morson and several other representatives of the Association were present for the discussion. Mayor Mertensotto stated that the Commission had recommended that Council consider commencing condemnation procedures and stated that while he believes the Commission's recommendation for acquisition is valid he felt that the city should acquire easement rights and avoid condemnation if possible. Council discussed the matter with the Association representatives. Mr. Morson informed Council that the Association board has agreed that it should find a reasonable solution and has not closed the door on the developer of Outlot B. He asked that Council authorize city staff to meet with the Board to discuss the issue and stated that he would like to include the Patrick property as well in the discussion so that an agreement can be reached over Outlot A and Lot 11 of Mendota Woods as well. Page No. 4108 August 2, 1994 Councilmember Krebsbach moved that it is in the best interest of the general health, safety and welfare of the city that Outlots A and B and Lot 11 of Mendota Woods receive access from Brookfield Lane. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Staff was directed to meet with the involved parties to negotiate resolution of the access problem. PRIMENET Council acknowledged a memo from Assistant Batchelder regarding site plan review and tax increment financing for the United Properties development of a project for PrimeNet Data Systems. Council also acknowledged a letter from Mr. Dale Glowa, of United Properties, describing the project and tax increment financing needs. Responding to a question from Mayor Mertensotto, Mr. Glowa stated that he will research alternatives to the Dryvit exterior material and the final submission plans will not include the out insulation type of material but will include a material that is satisfactory to the city. With respect to a question raised at the last Council discussion on employee statistics, he stated that there will be 233 employees, of an approximate 50150 male and female ratio. He stated that there will be one night shift of about 15 to 20 employees, and five to seven temporary employees will be used on a project to project basis. Responding to Councilmember Smith's concerns over landscaping to screen the facility from nearby residences to the north, he stated that the site plan and elevations are preliminary concepts and may change slightly in the planning process but the area will be landscaped as attractively as possible. He explained that the footprint of the building is final and the exterior of the structure will be as good or better than the material which had been originally proposed. Mayor Mertensotto stated that grading and landscaping plans have not been submitted. He informed the audience that Mr. Glowa is asking Council to approve a Tax Increment Financing plan based on his letter of July 15, based on a pay as you go benefit totaling $701,000 for the completed project, and is also requesting approval for city staff to grant a building permit based on the plan submitted subject to Council approval of the grading and landscaping plan in the future. He informed Mr. Glows that Council wants to see the grading and landscaping plan and the exterior material being submitted before it will consider granting a final building permit. Page No. 4109 August 2, 1994 Councilmember Huber moved to approve the Tax Increment Financing Package for a pay -as- you -go benefit not to exceed $701,000, based on a letter from Mr. Glowa dated July 15, 1994 and on file with the city, and to authorize the drafting of a Contract for Private Development. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved to authorize the issuance of a footing and foundation permit to allow United Properties to proceed with the development as submitted under a plan date of July 28, 1994 with the understanding that grading and landscaping plans and the exterior treatment material must be submitted to Council for final approval. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 RECESS Mayor Mertensotto called a recess at 10:38 o'clock p.m. The meeting was reconvened at 10:50 p.m. NEIGHBORHOOD TASK FORCECouncil acknowledged a memo from Public Works Director Danielson regarding formation of a Friendly Hills neighborhood task force to address the Friendly Hills street reconstruction project. It was the consensus that Council should submit names of candidates and that at least one of the members should live on Decorah since there are separate issues on Decorah. Staff was directed to prepare press releases to solicit volunteers and to compile a list of potential task force members for consideration on August 16. T.H. 13 TURN BACK Council acknowledged a memo from Public Works Director Danielson regarding Mn/DOT turn -back of a portion of T.H. 13 between Mendota Heights Road and the Mendota Bridge to the city or county. Mayor Mertensotto stated that Mn/DOT has always told St. Peter's Church and the City of Mendota that old T.H. 13 would remain open. He felt that it should be held by Mn/DOT and identified as Alternate T.H. 13. Councilmember Smith was concerned that the section has a very important service as a linkage between Eagan, Mendota and Mendota Heights. She pointed out that at the time Council was discussing the plans for the Mendota Interchange project, Mn/DOT had represented to the city that old T.H. 13 would continue to remain as a state highway. Page No. 4110 August 2, 1994 Staff was directed to notify Mn/DOT that the highway should remain in state hands and should be identified as Alternate T.H. 13. FRANSON/PERSON PROPERTY Council acknowledged a memo from Treasurer Shaughnessy regarding acquisition of the Franson and Perron properties. Council directed Treasurer Shaughnessy to notify the property owners that the city is not willing to accept their offer at this time. BUDGET Councilmember Krebsbach moved to conduct a continued budget workshop on Monday, August 15 from 7:00 to 9:00 p.m. to discuss policy decisions related to the proposed 1995 budget. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember moved that the meeting be adjourned to the August 15 budget workshop. Councilmember seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:02 o'clock P.M. I�nt �Ipen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor