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1993-04-20 Council minutesPage No. 3591 April 20, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 20, 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, and Smith. Councilmember Krebsbach had notified Council that she would be late. AGENDA ADOPTION Councilmember Koch moved adoption of the agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the April 20, 1993 regular meeting with corrections, including a correction to the consent calendar to acknowledge receipt of the February NDC -4 minutes rather than the March minutes. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items d, summer engineering aide, e, ISTEA resolution, g, park dedication guidelines, and h, Associated Bureaus feasibility report to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of receipt of the minutes of the NDC -4 March 3rd meeting. b. Acknowledgment of the Treasurer's monthly report for March. c. Authorization for the sale of surplus and abandoned properties. Page No. 3592 April 20, 1993 d. Approval of a 6:30 P.M. starting time for regularly scheduled Parks and Recreation Commission meetings. e. Adoption of Resolution No. 93-24, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL-PAYMENT FOR BRIDGEVIEW SHORES 3RD ADDITION (IMPROVEMENT NO. 91, PROJECT NO. 5),11 awarding payment of $9,806.20 to Excel Utilities for work completed on the project. f. Acknowledgment of a memo from Treasurer Shaughnessy regarding workers' compensation insurance premium options and acceptance of the Premium Refund Option for workers' compensation insurance renewal. g. Acknowledgment of the minutes of the April 13th Parks and Recreation Commission meeting. h. Authorization to purchase a Wacker BPU 2950A hand compactor for the Road and Bridge Department from Bloomington Rental Center for its low bid of $4,994.85. i. Acknowledgment of a letter from Mr. Russel Douglas, 2349 Copperfield Drive, requesting Council support for a reduction in the speed limit on Delaware Avenue and requesting an amendment to the Zoning Ordinance to prevent home boutique sales, along with an associated report from Public Works Director Danielson. j. Authorization for the Fire Relief Association to operate the Mendakota Concession stand on a temporary basis, until such time as a written agreement can be approved by the Parks and Recreation Commission and City Council. k. Approval of the list of contractor licenses dated April 20, 1993 and attached hereto. k. Approval of the list of claims dated April 20, 1993 and totalling $259,659.57. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Page No. 3593 April 20, 1993 ENGINEERING INTERN Council acknowledged a letter from the University of Minnesota Civil Engineering Department regarding its career development program and a memo from Public Works Director Danielson recommending the hiring of a temporary Career Development Engineering Aide. Mayor Mertensotto directed staff to make sure that it is understood that the position is that of a student internship which should have a beginning and a sunset period with a maximum of 40 hours per week, and that there are no additional benefits or compensation above $9.50 per hour. Public Works Director Danielson stated that the candidate would start on April 26th and that the internship would be for six months. Councilmember Huber moved to authorize staff to hire Erik Dalgaard as a temporary engineering intern at an hourly rate of $9.50, with no additional benefits or compensation over 40 hours per week, for a period not to exceed six months, beginning on April 26th. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ISTEA APPLICATION Council acknowledged a memo and proposed resolution from Administrative Assistant Batchelder recommending Council support of a Dakota County ISTEA grant application for funds to construct an underpass for a regional trail along the old Soo Line Railroad bed. Councilmember Huber stated that since the property involved is owned by his employer he chooses not to vote on the issue. Councilmember Smith moved adoption of Resolution No. 93-23, "A RESOLUTION SUPPORTING DAKOTA COUNTY'S ISTEA APPLICATION FOR CONSTRUCTION OF REGIONAL TRAIL IMPROVEMENTS." Ayes: 3 Councilmember Koch seconded the motion. Nays: 0 Abstain: Huber PARK FIELD DEDICATION Council acknowledged proposed guidelines for GUIDELINES the dedication of park fields and facilities, recommended by the Park and Recreation Commission, and an associated memo from Administrative Assistant Batchelder. Page No. 3594 April 20, 1993 Councilmember Huber asked which parks have not already been named. Assistant Batchelder responded that the north Kensington park has not yet been named and that there is referendum funding set aside for future land acquisition. He further stated one of the objectives in the guidelines is that city parks which are already known and identified throughout the community will not be renamed. Councilmember Huber asked if it is proposed to have dedication signs for rinks and courts which are named. Assistant Batchelder responded that names would probably be on plaques, and that the Commission is considering a bronze plaque for the Sibley field. Councilmember Smith stated that the sixth objective, referencing the Adopt-A-Park, is unclear. It was the consensus, after discussion, that the objective be dropped from the guidelines. Councilmember Huber moved to adopt the "GUIDELINES FOR THE DEDICATION OF PARK FIELDS AND FACILITIES," dated April 20, 1993, as amended to delete the sixth objective. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ASSOCIATED BUREAUS Public Works Director Danielson briefly FEASIBILITY REPORT reviewed the feasibility report for proposed improvements to serve the Mendota Heights Business Park IV Addition (Associated Bureaus). He explained that the project, which includes sewer, water, storm sewer and street improvements, is estimated to cost $244,000. The storm water ponding on the north and south sides of the site will be graded by Associated Bureaus. He explained that some existing storm sewer, sanitary sewer and watermain must be moved because the location of the new street will be east of its original alignment. Mayor Mertensotto asked if the original cost of the utilities which must be moved was assessed against the property. Public Works Page No. 3595 April 20, 1993 Director Danielson responded that it was assessed and that relocation is proposed to be funded by TIF. Councilmember Smith asked if the utility relocation is necessary. Mr. Danielson responded that it is necessary for several reasons. St. Paul Water requires that water lines be in the street, and also retaining the utilities in the existing location would hamper any development of the northerly undeveloped lots. Councilmember Smith asked if the holding ponds were provided in their proposed locations at the time the ABI plat was approved. She further asked if the sites for the holding ponds has already been dedicated for that purpose. Mr. Danielson responded that the ponds on the ABI site are to be constructed by ABI in the development of its project and that they were planned at the time the ABI plat was approved. The pond at the north has always been contemplated, and staff is trying to determine whether ABI or the city should grade it in. He further stated that United Properties has promised to grant the needed easements for pond construction at no cost to the city. With respect to the utility relocation, Mr. Dale Glowa, from United Properties, informed Council that at the time United properties submitted a preliminary plat for the former MAC property, the contemplated parcel sizes were a best guess estimate of how the site would ultimately develop. The firm did not want to build the road until the size needed for each of the parcels could be determined, and a determination on the street location can now be made. Councilmember Smith asked if the easement where the utilities exist will be vacated. Mr. Glowa responded that it will. Councilmember Huber asked if the ponds must be built to NURP standards. Public Works Director Danielson responded that they must have more water area than in the past and that staff is working with United Properties on the matter. Page No. 3596 April 20, 1993 Mayor Mertensotto asked if the developer has agreed to grade the holding ponds. Mr. Danielson responded that the project costs anticipate developer grading and that if the grading is done by the city, the project costs will be higher. Councilmember Smith moved adoption of Resolution No. 93-25,11RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SANITARY SEWERS, WATERMAIN, STORM SEWER AND STREETS TO SERVE MENDOTA HEIGHTS BUSINESS PARK 4TH ADDITION (IMPROVEMENT NO. 92, PROJECT NO. 4).11 Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 SIBLEY PARK FIELD Council acknowledged a memo from Administra- DEDICATION tive Assistant Batchelder and an excerpt from the March Park and Recreation Commission minutes regarding a request from Mr. Daniel O'Keefe to name a park or a field after Richard (Jake) Grauman, one of two Dakota County soldiers who remain missing in action from the Korean War. Council also acknowledged a letter from Mr. O'Keefe, letter from Lois Rockney, School District 197 Director of Business Affairs, and additional communications in support of the request. Mr. O'Keefe, 745 Pontiac Place, a friend of Mr. Grauman's, read a brief statement and asked that the Henry Sibley varsity baseball field be dedicated to Richard Grauman to perpetuate his name and his sacrifice. Mayor Mertensotto stated that he understands that the 40th anniversary of the conclusion of the Korean War will be celebrated this year and that the Korean War veterans will be holding their annual convention in Bloomington in July. Mr. O'Keefe responded that people from all over the United States will come to the convention but that he is appearing for himself, not the veterans' association, although he is a member of the organization. Mayor Mertensotto stated that the Park and Recreation Commission recommended that Council Page No. 3597 April 20, 1993 support the dedication of the varsity baseball field. Administrative Assistant Batchelder responded that the recommendation was to name the Sibley park varsity baseball field, which is the largest baseball field and is located in the northeast corner of the complex, in honor of Richard Grauman. He further stated that if the request is approved, staff will work with Mr. O'Keefe to come up with the plaque name, probably Richard E. Grauman Field. Mayor Mertensotto informed Mr. O'Keefe, and several other residents present in support of the request, that Council must make a recommendation to the School District for its approval as well. Mr. O'Keefe indicated that he has begun the process with the school district. He stated that Mr. Grauman was a fine athlete and an exceptional person, and that designation of the varsity baseball field would be very appropriate. Councilmember Smith thanked Mr. O'Keefe for his eloquent letter and stated that it is apparent that Mr. Grauman touched many lives. Councilmember Huber moved to dedicate and name the Sibley Park Varsity Baseball Field in honor of Richard (Jake) Grauman, contingent on school board approval. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 FIRE DEPARTMENT LONG Council acknowledged a memo from Administrator RANGE EQUIPMENT PLAN Lawell and a copy of the Fire Department long range equipment plan, which was prepared by a Fire Department committee. Chief Maczko and the members of the committee were present for the discussion. Chief Maczko informed Council that the document represents a 40 year capital needs and replacement plan, commenting that 40 years is the replacement cycle for fire equipment. He stated that there needs to be a commitment both on financing and follow-up, and that under the current budgeting process, the five year plan which is submitted each year does not adequately address long-term needs. He Page No. 3598 April 20, 1993 asked that Council review the document and stated that what is really needed is a commitment to the first five years of the plan. He explained that it takes about 2 1/2 years from the time development of plans for major equipment begins and the equipment is delivered. He stated that he is not looking at immediate action but hopes that over a period of time the plan will be adopted in some form with re-evaluation every two years. He informed Council that the only pressing need is for a truck which was put on hold in 1991 because Council did not want to commit to replacing the existing vehicle until the master plan was completed. Mayor Mertensotto stated that in looking at the future needs, he realizes that the outside service cities (Sunfish Lake, Mendota and Lilydale) are included, but that the service agreements are not long term commitments. He stated that Mendota Heights cannot gear up its equipment to meet the development demands of the contract cities. He pointed out that if the other cities decide to allow 7-story structures, as an example, they must be sure the buildings are designed for fire protection. Chief Maczko responded that the other communities are a very small part of what is driving the needs of the department. Councilmember Huber asked if there is any kind of computation to recognize capital equipment in the billings to the contract cities. He also asked if the Chief had discussed capital funding and tax impact with Treasurer Shaughnessy. Treasurer Shaughnessy explained the billing formula, stating that the computations include depreciation on all equipment. He stated that he has discussed financing in terms of dollars but not in terms of tax capacity or the impact on an average property, for example. He pointed out that part of the financing picture is that there are other city needs that also must be financed besides Fire Department capital requests. Chief Maczko stated that the department general operating budget would increase about $33,000 across the board under the plan. The Page No. 3599 April 20, 1993 current equipment certificate levy is about $75,000 per year for all city equipment, and the major equipment in the plan would increase the levy to about $120,000 per year, which he felt is a small amount in terms of the total city levy. Mayor Mertensotto estimated that a dump truck for the street department would cost about $80,000 and pointed out that generally these trucks are used more frequently and for twelve months of the year. He felt that depreciating this type of equipment over a five year period could be justified and pointed out that Fire Department capital equipment should probably be depreciated over 20 years because of their limited use. Councilmember Huber thanked the department for preparing the plan. He stated that obviously equipment anticipated for 25-30 years out is "blue sky" but that, given the time put into the plan, Council will go over it in detail and question the chief on whether certain items are needed two years from now, etc. He pointed out that when Council looks at long- range needs, it must look at the needs of all other city departments as well. He suggested that a five year plan should be developed for public works as well. Chief Maczko stated that refurbishment of one of the fire trucks, number 2287, was put off by Council last year and that there is an immediate need for it now. He explained that there is a chassis and boom available and it will still take one to two months to write specifications for refurbishing and six to eight months of construction time before the vehicle could go into operation. Treasurer Shaughnessy stated if it is approved, the cost for refurbishing could be funded at the end of 1994 or in 1995. Mayor Mertensotto asked if refurbishing versus a new truck is a judgment question. Chief Maczko responded that the department feels that refurbishing would be a sound decision. NORTHLAND INSURANCE Council acknowledged a letter from Dale Glowa, of United Properties, requesting approval of $1,450,000 pay-as-you-go tax increment financing for expansion of the Northland Page No. 3600 April 20, 1993 Insurance Companies (NIC) project, along with an associated memo from Treasurer Shaughnessy. Mr. Glowa described Northland Insurance, explaining that it is one of the largest employers in the city (420 employees) and that it is also a sister company of United Properties. He reviewed the concept plan for future phases 2 and 3 of NIC and the site plan for a proposed second phase building, a four- story, 100,000 square foot free standing office building, plus basement, on a site adjacent to the existing NIC facility. He reviewed the NIC needs and informed Council on the difficult competition new construction has from existing, vacant office space in surrounding communities. He informed Council that, because of economics, NIC may choose to relocate its existing operation to another city if cannot justify expansion in the business park because of the cost of new construction. Although uncertain of its future long term space needs, NIC wants a location that can accommodate current space needs for 800 to 900 employees. Mr. Glowa informed Council that NIC is reviewing alternatives at this time, including his proposal for the new construction, and will make a final decision in three to four weeks on whether to build or to lease elsewhere. Referring to the potential future third phase Mayor Mertensotto asked how much time remains in the TIF. Treasurer Shaughnessy responded that the third would be located on a lot which is not in the TIF district. The TIF runs until the year 2006. Mr. Glowa stated that he projects the third phase for three to five years from now. He informed Council that the existing NIC building is outside of the tax increment district, and that he is looking at a fifteen year lease commitment on the second phase - ten years remain on the first phase lease. He stated that if NIC does the second phase building as he proposes, they would be tied into their business park location. Councilmember Krebsbach arrived at 8:59 p.m. Mr. Glowa informed Council that he is present this evening to introduce the project but also to look for a way to keep NIC in Mendota Page No. 3601 April 20, 1993 Heights. He reviewed the variety of buildings which fit NIC needs and are currently available for lease in Eagan. He stated that the cost to build the new structure would be about $120 per square foot, and it is very difficult for new construction to compete against the economics of existing buildings, but through the assistance of TIF and a creative financing strategy, a much lower lease rate could be offered to NIC. He informed Council that he does not believe there is a chance to keep NIC in its current facility without TIF and a good financial package, and stated that he is not asking for up front cost write downs and the cap on TIF would be $1,450,000. Treasurer Shaughnessy stated that the revenue note would state that the TIF is only payable out of the taxes collected on the facility, and that in the event that by 2006 taxes have not been sufficient to retire the note, the balance of the note is worthless. An amount would be stated on the note, and in the event that it were paid off earlier than 2006, the tax increment district would receive the tax revenue. Councilmember Smith asked what would happen to the NIC existing lease if they decide to move. Mr. Glowa responded that NIC is paying $1 million in net rent, and has four years of liability left on the lease if a move occurs this year. He anticipated that the building would be sublet, and that the liability plus TIF would make the construction proposal more attractive to NIC. Mayor Mertensotto asked how much of the United Properties land remains to be developed. Mr. Glowa responded that of the original 210 acres, about 100 acres remains to be developed. Councilmember Smith asked if there have been any changes to the proposal since the documents were submitted to Council. Mr. Glowa responded that he has had follow up discussions about possibly eliminating the basement but that removal of the basement would not affect tax proceeds and would only have a small impact on assessed value. Page No. 3602 April 20, 1993 Treasurer Shaughnessy explained the tax increment cash flow spreadsheet which was prepared by Publicorp, and submitted with the documentation supporting the request for TIF. Councilmember Huber stated that he can appreciate that the market is over-built and that this has created a burden on developers, but it is less clear why the burden should be shifted to the cities. He asked how many of the 430 employees at the NIC facility are Mendota Heights residents, and stated that even if 100 were residents he doubted many would move to Eagan if NIC moved there. Mayor Mertensotto stated that the success of the industrial park has an overall affect on the community. Councilmember Huber asked what the savings per square foot will be if TIF is approved, noting that apparently NIC could lease for $23 to $28 per square foot and Mr. Glowa is projecting a $120 per square foot cost to build. Mr. Glowa responded that in any case NIC is looking at leasing rather than buying, and United Properties is looking at about $8.70 per square foot of net rent on the building. The "pay-as-you-go" (PAYG) starts about $2.40 per square foot, which would go back to NIC and bring the rent rate down to $6.00 per square foot. Existing space available in other locations is available in the $5 to $6 per square foot range. He pointed out that if NIC does not choose to build, the site will remain undeveloped, but the NIC expansion provides a chance to attract at least 200 additional jobs and keep 400 existing in the city, and it keeps the existing building, which pays a significant real estate tax, occupied. He further stated that chances are that if the property were vacated it would be reassessed at a much lower value that it currently is and would result in a significant tax revenue reduction to the city. If NIC. moves, there would be absolutely no chance that phase three of the project would be built, and the lot is not in the tax increment district. Councilmember Huber stated that he would like to learn more about TIF before making a Page No. 3603 April 20, 1993 decision and asked when a decision must be made. Mr. Glowa stated that he could return to the next Council meeting. Responding to a question from Mayor Mertensotto, he reviewed the write-down items. Mayor Mertensotto stated that he is concerned about the loss GTE, pointing out that turn- over of businesses affects the viability of the industrial park. He also stated that the city wants the maximum development of the NIC project, including the basement. Mr. Glowa stated that all he is requesting is a general support for TIF, and that he is not tied into $1.4 million. He explained that NIC is not sure whether it wants a basement, and pointed out that there are many unknowns at this time. Councilmember Smith stated that she realizes that you back into the write-down list based on needs but pointed out that Council needs an acceptable list of write-downs. She stated that the April 7th letter from Mr. Glowa states that he is requesting PAYG, not up front money, and that this would cost the city nothing. She pointed out that there is a slight cost - any additional services provided by the city are not reimbursed. Mr. Glowa agreed, but stated that the city charges a large administrative fee on TIF. Councilmember Smith stated that NIC is a very good tenant in the city and that she would certainly be willing to work with Mr. Glowa on the proposal. Mayor Mertensotto informed Council that United Properties has always paid the special assessments and real estate taxes on its property when they have come due, and commended the firm. He stated that he likes the overall plan as it was presented and asked that Mr. Glowa meet with Treasurer Shaughnessy and provide a better reading on finances at the next meeting. Councilmember Smith stated that it is important that Council be provided with a real list of write-down items that meet the Page No. 3604 April 20, 1993 standards of a TIF district, and pointed out that the list submitted by Mr. Glowa may change significantly. Administrator Lawell stated that the city will need to make certain that it has legal authority for using the categories arrived at, such as quality upgrades, and asked Mr. Glowa to submit the list to City Attorney Hart for review so that he can make sure the list meets statutes. Action on the request was tabled to May 4th. ZONING ORDINANCE Council acknowledged a memo from Administra- AMENDMENT - ACCESSORY tive Assistant Batchelder and proposed BUILDINGS amendment to the Zoning Ordinance to change the allowed size of accessory structures. Planning Commission member Bernard Friel was present for the discussion. Mayor Mertensotto stated that after the April 6th Council discussion on the matter, he has given further thought to the matter and that he does not want to consider and amendment which would result in a proliferation of accessory structures. He felt that structures greater than 144 square feet in size should have a 10 foot setback. He also felt that if the ordinance is to be amended, structures on properties smaller than 4 acres (except for private garages) should be limited to 144 square feet. Properties in excess of 4 acres could be entitled to no more than 225 square feet of accessory structure size, and no more than three structures per property with a provision that in case of future subdivision the structures must comply with the single structure limit and 144 square foot size. Mr. Friel felt that four acres is an awfully large minimum property size requirement. Mayor Mertensotto agreed, but pointed out that the conditional use permit process for larger sized structures would still be available under the ordinance. He stated that after driving around the city and observing lot sizes since the last discussion, he does not think Council would want to see the wholesale change in accessory structures which could occur if the ordinance is amended as is proposed in the amendment presented this evening. He pointed out that the sizes Page No. 3605 April 20, 1993 provided in the amendment would result in the equivalent of garages and more than one would be allowed on a lot, which would create an eyesore in the community. Mr. Friel felt that the conditional use process is an incredible burden for accessory structures of the size proposed in the amendment. Mayor Mertensotto responded that Council can waive any requirements of the conditional use process that it feels are inappropriate at the time a planning application is considered. He pointed out that there have been very few requests for conditional use permits for accessory structures over the years. councilmember Smith felt that perhaps a property size of two and one-half to three acres might be appropriate. Assistant Batchelder responded that there are not many properties over four acres in size in the city, and if it is the intent to restrict accessory structures, the four acre limit would accomplish the goal. He stated that if the standard is lowered to one or two acres there are many properties of that size, and the result might be a significant number of requests for accessory structures. He informed Council that when staff gets requests for large accessory structures in the pre- application planning meetings, the conditional use permit requirements, including the fee and the need for an abstractor's certificate are explained to the applicants. Those requirements present a significant barrier to a proliferation of large accessory structures, and Council certainly reserves the right to waive the requirements if it considers waiver appropriate for an individual request. Mayor Mertensotto stated that the city has not fostered the building of lots of accessory structures, and he can see that where there is a large property involved there may be a different need for accessory structures. He pointed out that if Council determines that some of the requirements for a conditional use permit, such as the fee or abstractor's certificate, permit create a hardship for an applicant, Council can choose to waive them. Page No. 3606 April 20, 1993 Assistant Batchelder pointed out that part of the reason the ordinance provides for the conditional use permit for larger accessory structures is because of schools, churches, etc. Councilmember Krebsbach asked whether a 2.5 acre minimum would be appropriate. Mayor Mertensotto responded that there are many lots of that size in the city and that he would not want to encourage the installation of structures of the type and size envisioned in the proposed amendment on those properties. Councilmember Krebsbach stated that she believes the conditional use permit process could present an inconvenience to applicants, but does provide a protection for neighbors. The conditional use process gives the neighbors the opportunity to say whether or not they approve of accessory structures. Mayor Mertensotto pointed out that in the circumstance of four acre lots, there would be no impact on other properties, whereas installation of the structures on smaller properties could impact adjoining properties. Councilmember Krebsbach stated that she does not think there has ever been a problem with the existing ordinance language, and felt that the language does not relate to pool pumphouses. Mr. Friel responded that the swimming pool ordinance governs pools but does not address pumphouses, and the ordinance should be amended. He stated that gazebos are not addressed. He also stated that the first thing an applicant for conditional use permit hears is the $350 fee, and that the abstractor's certificate is very costly - a shed or gazebo would cost much less than that combined cost. Mayor Mertensotto pointed out that the conditional use requirements only apply if an accessory structure already exists on the property, so a gazebo could be constructed if there is no shed. Mr. Friel suggested a maximum size of 144 square feet for properties less than 40,000 to Page No. 3607 April 20, 1993 130,000 square feet in size, then two structures of no more than 225 square feet, and then for properties greater than 130,000 square feet, a maximum of three structures with a maximum of 425 square foot aggregate (none greater than 225 square feet). Mayor Mertensotto stated he does not like the 225 square foot size, because it would become a boat storage structure or garage. Councilmember Smith suggested that perhaps Council should consider limiting the maximum size to 144 square feet per structure with a total aggregate size of 225 square feet for two structures. Mr. Friel suggested alternatives for maximum size and number of structures for various lot sizes. Councilmember Krebsbach asked what jurisdiction the city has ten years from now when some of the structures would need maintenance or removal. Mayor Mertensotto responded that the city would have no jurisdiction. City Attorney Hart responded that some things that are visually offensive are not substandard, and if something just looks bad, there is no language in city ordinances to require that it be maintained or removed. Mayor Mertensotto stated that the ordinance provisions for accessory structures have served the city well, and it may be that homeowners are required to pay $350 plus the cost of an abstractor's certificate in order to build a $600 to $700 shed but people have thought twice before asking for more than one structure on their property. He pointed out that the city has not had a problem with accessory structures in the past, and now may be generating problems, which is why he would only like to address the large properties. He pointed out that there have been very few requests for multiple or over-sized accessory structures and that he did not want to create problems which could occur if the ordinance were less restrictive. Councilmember Huber stated that he was uncomfortable at the last meeting with the Page No. 3608 April 20, 1993 increments proposed. He further stated that he tends to agree with the suggestion to allow more than one structure and larger sized structures for four acre. He informed Council that he recently had a call from someone asking if the city could require someone to complete an incomplete accessory structure. Councilmember Smith stated that Council has not defined what might be needed to accommodate standard maintenance equipment for large properties. She also stated that when lot size is discussed, it should be net size, removing wetlands, etc., to arrive at the size. Mr. Friel presented revised ordinance language for council review, which he had prepared in response to Mayor Mertensotto's concerns. Councilmember Smith asked if there should be a requirement for screening. It was the consensus that there should not be. Councilmember Krebsbach asked what the problem is with the ordinance language as it currently exists. Mr. Friel responded that the discussion of the Planning Commission was that, because of the additional equipment people with larger lots need and because of gazebos, it seemed reasonable to address changes in the ordinance. Mayor Mertensotto suggested adopting the revised language presented this evening by Mr. Friel and see what develops. He stated that if Council has to amend the language in the future, it would then have some background information, and that he would rather adopt this language than the amendment proposal in the agenda packet and open up the flood-gates to a proliferation of structures. Councilmember Huber moved adoption of Ordinance No. 289, "AN ORDINANCE AMENDING ORDINANCE NO. 401,11 as submitted this evening, which provides (in part) that accessory structures of a maximum size of 144 square feet may be erected on properties less than four acres in size and not more than 425 square feet for lots greater than four acres,. provided that no single structure shall exceed Page No. 3609 April 20, 1993 225 square feet and no more than three accessory structures may be erected. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 AIR NOISE COMMISSION Council acknowledged a memo from Administrator Lawell regarding creation of an airport relations commission and authorization to return ANLEF contributions. Mayor Mertensotto felt that perhaps the commission should review any complaints on noise, including freeway noise, rather than just airport noise. Councilmember Krebsbach felt that the group should focus on the airport and all airport issues, including relocation, quality of aircraft, etc. Councilmember Smith stated that expansion of its responsibilities would dilute the effectiveness of the commission. She felt that the primary focus should be airport related problems. Administrator Lawell stated that the major difference would be the residents who would volunteer to serve if the focus were expanded. For example, many people might be interested in serving because of freeway noise. Councilmember Krebsbach pointed out that if the focus is restricted to airport issues, a clause in the ordinance for creation of the commission allows Council to expand the focus in the future if necessary. Mayor Mertensotto stated that all noise could be looked at as environmentally unsound and that perhaps the commission should be a noise commission. Councilmember Huber felt that doing so would involve the commission in complaints about Friday night party noise and barking dogs, etc., but that adding freeway noise would limit the issues to be addressed. Councilmember Krebsbach stated that she would rather start an ad hoc committee for freeway noise than to dilute the focus of an airport issues commission. Page No. 3610 April 20, 1993 Councilmember Krebsbach suggested that there should be flexibility in the number of meetings, rather than requiring monthly meetings. She felt that if there were fewer required meetings, agendas would be more complete and the potential for reduced attendance would be avoided. Mayor Mertensotto stated that a standard has been established for commission meetings, and pointed out that if Council determines from the commission's minutes that attendance has dropped off, the members will have to be reminded of their duties and responsibilities. Councilmember Huber asked who will serve as secretary. Administrator Lawell responded that it may be necessary to ask a support staff member to serve as secretary. Councilmember Krebsbach responded that airport relations is a priority issue for the city and the commission should be properly staffed. After discussion, Councilmember Krebsbach moved adoption of Ordinance No. 299, "AN ORDINANCE ESTABLISHING THE AIRPORT RELATIONS COMMISSION," as presented. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 It was the consensus that staff be directed to prepare press releases soliciting candidates for appointment to the commission, to set a deadline of May 14th, at 3:00 p.m., for submission of applications, and to conduct interviews at the second meeting in May if possible. ANLEF Mayor Mertensotto briefly reviewed the portion of the Administrator's memo relating to ANLEF. He stated that the contributions should be refunded as soon as possible. Administrator Lawell stated that when the refunds are mailed, a letter will be included, inviting those who contributed to ANLEF to volunteer to serve on the airport relations commission. Page No. 3611 April 20, 1993 Councilmember Huber moved to refund contributions made to the Air Noise Litigation Escrow Fund. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PERSONNEL Council acknowledged a memo from Police Chief Delmont informing Council of the impending retirement of Police officer Edward Vaillancourt due to health reasons, and requesting authorization to begin the recruitment process for a replacement. Mayor Mertensotto noted that the resignation letter did not give a specific retirement date, and stated that the city needs a letter giving the specific retirement date and that Council will then officially accept the retirement date. Councilmember Smith moved to authorize the Police Chief to begin the recruitment process for hiring a replacement for Edward Vaillancourt who has indicated that he will be on sick leave and then retirement when his leave benefit is used up. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Smith suggested that the Fire Department consider initiating an adopt-a- hydrant program. Mayor Mertensotto informed staff that a hydrant at Mendota Heights Road and Lake Drive has been knocked over. He also asked whether Lake Drive can be widened at Mendota Heights Road, near St. Thomas Academy. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned to closed session for discussion of labor negotiations developments and condemnation proceedings for Ivy Falls Ayes: 5 Nays: 0 ATTEST: Charles E. Mertensotto Mayor Page No. 3612 April 20, 1993 Creek easement acquisitions. Councilmember Smith seconded the motion. TIME OF ADJOURNMENT: 11:40 o'clock P.M. K/athleen M. Swanson City Clerk COMPARISON OF ASSESSMENTS MUNICIPALITY: REAL ESTATE -- FINAL 1926_�, REAL ESTATE VALUES AS OF FOR. 19 ' PAYABLE IN -�� ESTIMATED MARKET VALUE ESTIMATED MARKET VALUE /j��� 00 Land $ Land s Improvements. Improvements $ Total Market: $ /00 &v3/ I�O Total Market: $ e/ &, ---------- Real Estate Real Estate Net Tax Capacity: Tax Capacity; ------ 7-- Personal Property Personal Property -- Net Tax Capacity: Net Tax Capacity: TOTAL NET TAX, TOTAL NET TAX CAPACITY: 19 CAPACITY: 199---3 $ a!z Remarks: ESTIMATED MARKET VALUE, FOR 1W is $ GREATER THAN FINAL FOR 71 013001