Loading...
1992-11-03 Council minutesPage No. 3437 November 3, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 3, 1992 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:01 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:10 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 4 Nays: 0 Abstain: 1 Blesener Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Councilmember Blesener moved approval of the minutes of the September 15, 1992 regular meeting. Councilmember Koch seconded the motion. Councilmember Smith moved approval of the minutes of the October 20, 1992 regular meeting. Councilmember Koch seconded the motion. CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting, amended to move item 5e, VGC Development Agreement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the code enforcement monthly report for October. b. Adoption of Resolution No. 92 -72, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT FOR KENSINGTON PARK GRADING (IMPROVEMENT NO. 89, PROJECT NO. 6E)," authorizing final payment of $5,877.50 to Steininger Construction Company, Inc. for work completed on the project. Page No. 3438 November 3, 1992 c. Adoption of Resolution No. 92 -73, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR KENSINGTON PARK UTILITIES (IMPROVEMENT NO. 89, PROJECT NO. 6E)," authorizing final payment of $1,481.20 to R &P Utilities, Inc., for work completed on the project. d. Adoption of Resolution No. 92 -74, "RESOLUTION ACCEPTING PETITION AND ORDERING FIRE PROTECTION IMPROVEMENTS FOR ST. THOMAS ACADEMY." e. Acknowledgment of a 1993 snowplowing update memo from Public Works Director Danielson. f. Approval of the list of contractor licenses dated November 3, 1992 and attached hereto. g. Approval of the list of claims dated November 3, 1992 and totalling $195.324.60 Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 VGC DEVELOPMENT Administrator Lawell briefly informed AGREEMENT Council on changes which have been made to the draft VGC development agreement, particularly with respect to the transferability of the property. There was discussion over the transfer of property (Section 3.1) by quit claim deed versus warranty deed. It was the consensus that the transaction should be by quit claim deed so that the city is removed from the chain of title. After brief discussion, Councilmember Cummins moved to approve the draft VGC Development Agreement, revised as to Section 3.1 to remove the city from the chain of title. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92 -33, Councilmember Cummins moved to approve a McGUIRE 4 1/2 foot variance to the required 30 foot sideyard setback abutting a street requirement for 30 Dorset Road, to allow construction of an attached garage and additional living space, with the condition that the existing Page No. 3439 November 3, 1992 driveway be removed and replaced with sod, as recommended by the Planning Commission. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-32, NORTHLAND COMPANIES/ Council acknowledged a memo from Administra- ASSOCIATED BUREAUS tive Assistant Batchelder regarding the request from the Northland Companies and Associated Bureaus for subdivision (preliminary and final plat approval), building permit and site plan approval and tax increment financing. Council also acknowledged a letter from Casserly, Molzahn & Associates, Inc. regarding the Associated Bureaus tax increment financing request, copies of the spreadsheets, originally submitted on the proposed projects on August 18th, revised with respect to market value and building value, a report from the City Planner, and a letter from George Burkhards, representing United Properties. Mr. Wayne Bishop, of Walsh Bishop, project architects, state that the proposed 65,000 square foot, one-story building, will be brick with reflective glass and will serve as the corporate headquarters for ABI. The site plan is oriented to the Minnesota River, and the building will be split between administration and collections. ABI is a nationally ranked collection agency. There will be a heavily landscaped entry area, retention ponds to the south and parking to the north and east. An expansion parking area will be provided to the north on land which is under option. Mayor Mertensotto asked about the proposed realignment of Commerce Drive. Mr. Bishop responded that the cul-de-sac is no longer needed. Councilmember Smith noted the Planning Commission concern over the bubble effect at the building entrance and the turning radius. Mr. Bishop responded that he will work out a revision with the city engineering staff. Responding to a Council question, Mr. Burkhards explained changes from the originally submitted preliminary plat. He Page No. 3440 November 3, 1992 also stated that a petition for utilities has been submitted to City staff. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that drainage easements have been identified, that two ponds are proposed (north and south), that the south pond will be built with the project but that the north pond is not needed yet. Mr. Burkhards stated that ponds are amenities as well as water storage areas and if ABI does not exercise its option on the land, the north pond configuration may move. Mayor Mertensotto stated that the developers must provide the location for a future north pond easement. Mr. Burkhards responded that he does not want to encumber the property with an easement and stated that the proposed location is shown on the site grading plan. Mr. Bishop informed Council that parking will be provided for 600 employees, that the building will be predominantly brick, with decorative pre-cast architectural block and reflective glass. The main entry will have a decorative trellis and there will be flags at every entry area. The building will be 16 feet tall with a flat roof, and there will be a parapet to cover rooftop units. Councilmember Blesener asked why the building will be one-story. Mr. Bishop responded that it is designed for function and economics, administration and collections will be in separate wings. Councilmember Blesener expressed concern about the expanse of roof visible from Highway 13. Mr. Bishop stated that the parapet will be provided to screen rooftop material but that he is not sure how high new Highway 13 will be. With respect to landscaping, he stated that the focus is at the entry boulevard, that the existing vegetation along Highway 13 will be retained and additional landscaping will be added to that area. Mayor Mertensotto asked if trees can be provided along the building to break up its length. Mr. Bishop stated that he would have Page No. 3441 November 3, 1992 no problem with adding trees. He then explained the landscaping plan details. Councilmember Blesener pointed out that the proposed structure will be the closest building to the airport. Mr. Bishop responded that acoustical building materials will be used to shield the airport noise. He informed Council that acoustical improvement is a number one priority of ABI, and that he has visited buildings with similar acoustical features. He further stated that triple pane glazed glass, a 12 inch concrete roof and extra structural details will be utilized. Mr. Jack Hurley, President of ABI, stated that a two-story structure would not function for the computers and collection area, and that telephone lines and background noise are big concerns - outside interference cannot be tolerated. Councilmember Smith stated that she would welcome ABI to the City yet feels a certain inconsistency with what is proposed and the city picking up design costs - the city is being asked to pick up extra costs. Mr. Jim Casserly reviewed the TIF proposal, stating that the request is for $696,150, while $821,900 in eligible expenses can be identified. Mayor Mertensotto pointed out that more than half of the request is for sound attenuation. Councilmember Blesener asked what percentage $821,900 is of the total project cost as compared to other projects in the District. She also questioned the allowability of some of the items usually considered "ground down." Mr. Casserly responded that the project cost is $5 million. Councilmember Smith asked if building improvements are allowed since TIF usually only is used for improvements from the ground down. Treasurer Shaughnessy responded that $821,900 is a percentage of the project cost and explained what improvements are allowed under TIF. City Attorney Hart stated that it must be borne in mind that the city must verify Ayes: 5 Nays: 0 Page No. 3442 November 3, 1992 that the costs are qualified. He further stated that the Tax Increment District was set up to redevelop the MAC site where noise attenuation must be addressed. The statutory language generally allows use of TIF for noise attenuation. Councilmember Smith asked about the chain of title to the property. Attorney Hart stated that the city can be kept out of the chain to avoid risk with environmental hazards, and that the goal is to keep the city out of the chain. Treasurer Shaughnessy stated that the revenue bonds would run from 1995 to 2006. Councilmember Smith stated that she has additional questions over expansion plans and further stated that while landscaping is important, it is not basic to make the project work. She stated that she has a hard time rationalizing the use of TIF for landscaping requirements. She also asked about Commerce Drive improvements. Mr. Casserly stated that he would have no problem removing landscaping as a category. He also stated that the lot to the north would be used for required future parking. Public Works Director Danielson stated that Commerce Drive construction would be a standard city improvement and would be assessed. Councilmember Blesener moved approval of the preliminary plat for ABI with the conditions that the road right-of-way be revised to eliminate the bubble effect at the Associated Bureaus entrance and provide for truck turning radii around the 90 degree corners, for approval by the city engineering staff; that appropriate easements for drainage and utilities will be secured as additional lots are developed; and that Commerce Drive be installed concurrent with development of Associated Bureaus. Councilmember Koch seconded the motion. Councilmember Koch moved adoption of Resolution No. 92-75, "RESOLUTION APPROVING Page No. 3443 November 3, 1992 FINAL PLAT FOR MENDOTA HEIGHTS BUSINESS PARK 4TH ADDITION." Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Council expressed concern over how to document what is approved with respect to exterior building materials and colors. Mr. Bishop reviewed and submitted colored elevations for documentation. After discussion, Councilmember Blesener moved approval of the site plan conditioned upon staff approval of utility and drainage easements and staff confirmation that all MAC requirements and city ordinance requirements for ground space coverage and open space are met. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto asked if there is a fee involved in the TIF request. He stated that the applicants are requesting $696,150 in TIF, $500,000 up front and $196,150 over 12 years as revenue notes for tax years 1995 to 2006. Treasurer Shaughnessy responded that no fee has been established yet but that the city will receive administrative costs as part of the procedure. Administrator Lawell suggested that landscaping costing $50,000 be deleted from the TIF request and that other items be readjusted to reflect the deletion. It was noted that while landscaping is eligible for TIF under state law, it may not be appropriate. Treasurer Shaughnessy stated that the developer's agreement does not allocate money to specific line items. Councilmember Smith stated that she is uncomfortable with the concept of using city financing to help meet code requirements. Councilmember Blesener stated that one of her concerns is that the TIF would be paying for a one -story building and that if it were two stories only half of the amount would be needed - the superstructure could be halved. She felt that half of the superstructure cost Page No. 3444 November 3, 1992 should be removed because the single story is the developer's preference. Councilmember Cummins compares to other TIF percentage of project Shaughnessy responded total building costs projects. asked how the project projects in terms of cost. Treasurer that under 10% of the is less than other Mr. Casserly pointed out that the total project costs include a tremendous amount of telecommunication costs. After discussion, Councilmember Cummins moved to approve TIF in the amount of $696,150, subject to deletion of landscaping assistance and reallocation of the financing, and to direct staff to prepare a developer's agreement in accordance with state requirements. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 MENDOTA INTERCHANGE Council acknowledged a report from Public Works Director Danielson regarding the Mendota Interchange project and recommending a public hearing on watermain installation proposed to be completed in conjunction with Mn /DOT's Stage II construction. Due to time constraints, Mn /DOT has combined Stage I and Stage II into a single, two -year project and will let the project this winter. Councilmember Cummins moved adoption of Resolution No. 92 -76, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED WATERMAIN TO SERVE THE SOUTHEAST FRONTAGE ROAD (IMPROVEMENT NO. 84, PROJECT NO. 2C)," the hearing to be held on December 15th. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 STORM WATER UTILITY Public Works Director Danielson reviewed a memo from Engineer Klayton Eckles regarding the proposed Storm Water Utility ordinance and hearing requirements. Mayor Mertensotto stated that Council should have sample ordinances from other communities for comparison purposes. Public Works Director Danielson responded that Council will Page No. 3445 November 3, 1992 set the policy and that staff will submit sample ordinances for Council review. Councilmember Cummins moved to order a public hearing on adoption of a proposed ordinance to establish a Storm Water Drainage Utility, the hearing to be held at 9:00 P.M. on December 1st. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 MAYFIELD HEIGHTS Council acknowledged and discussed a report DRAINAGE DIVERSION from Public Works Director Danielson regarding the Lexington Avenue drainage problem which had been identified within the Lower Mississippi River Storm Water Plan. He explained that Lexington Avenue forms boundaries between the Lower Minnesota and Lower Mississippi drainage districts. Costs for the proposed project would be shared equally by Lilydale and Mendota Heights. Councilmember Cummins moved to delay action on the proposed project to January 5th. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto directed staff to submit the proposed joint powers agreement for the improvement to the City of Lilydale for its execution. CITY HALL FUND Council acknowledged a memo from Treasurer TRANSFER Shaughnessy regarding the City Hall construction account and recommending a transfer of $95,000 from the General Fund surplus to finance the unpaid construction expenses. Councilmember Blesener moved to authorize the transfer of $95,000 from the General Fund Unappropriated Surplus to the City Hall Fund. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 CANVASSING BOARD Councilmember Cummins moved that the Election Canvassing Board be scheduled for 5:30 P.M. on Wednesday, November 4th. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 3446 November 3, 1992 COUNCIL COMMENTS Councilmember Cummins expressed concern that there has been no resolution of the legal services issue, and pointed out that $50,000 has been set aside in the budgeting process. He endorsed Winthrop and Weinstine, commenting that their legal services have been excellent. He asked that the firm submit a specific proposal for Council's discussion and felt that Council should conclude the matter before budget adoption, which is scheduled for December 1st. Administrator Lawell informed Council that the City is not bound to bid professional services, and that bidding would take considerable time. Councilmember Blesener felt that the City should negotiate with Winthrop and Weinstine but should also get cost comparisons. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to the November 4th Election Canvassing Board meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:05 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL November 3, 1992 General Contractors License Atlas Roofing Bernard J. Dalsin Company Diamond Siding Elite Roofing B.A. John Construction R.L. Johnson Co. United Sprinkler Inc. Charles Urbach Excavating License Bollig & Sons, Inc. D.C. Excavating Eagle Contracting Meyer Contracting Inc. Wenzel Plumbing & Heating, Inc. Gas Piping License Rouse Mechanical Plaster, Stucco & Drywall License Quality Drywall Masonry License K. Nordwall & Assoc. Inc.