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1992-08-04 Council minutesPage No. 3374 August 4, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 4, 1992 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 Blesener, Cummins, Smith. Councilmember Koch had notified Council that she would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting, revised to move item 4h, Kensington Park bid awards, 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. Acknowledgment of the minutes of the July 28th Planning Commission meeting. c. Acknowledgment of a reminder of the August 8th Celebrate Mendota Heights Park day. d. Adoption of Resolution No. 92 -46, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION /REHABILITATION IMPROVEMENTS TO SERVE LONDON ROAD /DOWNING STREET AND SURROUNDING AREAS (IMPROVEMENT NO. 92, PROJECT NO. 3)." e. Approval of the list of contractor licenses dated August 4, 1992 and attached hereto. f. Approval of the list of claims dated August 4, 1992, and totalling $199,039.96. Page No. 3375 August 4, 1992 g. Acknowledgment of proposed assessment rolls and adoption of Resolution No. 92- 47, 11RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLLS FOR LENNOX (IMPROVEMENT NO. 91, PROJECT NO. 3), BRIDGEVIEW SHORES 3RD ADDITION (IMPROVEMENT NO. 91, PROJECT NO. 5), MENDOTA WOODS (IMPROVEMENT NO 89, PROJECT NO. 7)," the hearings to be held on September 1st. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Councilmembers Blesener and Cummins announced that they will not seek re- election to their Council seats in the November City election. KENSINGTON PARK Council acknowledged a memo from Parks Project IMPROVEMENTS Manager Guy Kullander recommending the award of bid for Kensington Park seeding and sodding. Administrator Lawell explained that bid award was withheld after the first bidding process because all bids were considerably in excess of the estimate. Subsequently, the project was re -bid, and the low bidders are Midwest Seeder, Inc., for seeding, and Blaeser Landscaping for sodding. The Blaeser bid was based on unit prices. After brief discussion, Councilmember Cummins moved to award the contract for Mendakota Park seeding (Schedule "D -111) to Midwest Seeder, Inc., for its low bid of $10,800, and to award the contract for sodding to Blaeser Landscaping for a cost not to exceed $5,424.47. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HEARING: HOLT Mayor Mertensotto opened the meeting for the EASEMENT VACATION purpose of a public hearing on an application from Mr. & Mrs. Robert Holt, 1385 Dodd Road, for the vacation of a utility and drainage easement over the north 40 feet of Lot 3, Block 1, T.T. Smith Subdivision No. 4. Responding to a question from Mayor Mertensotto, Mrs. Holt explained that a surveyor's error or legal description error had apparently occurred at the time the Page No. 3376 August 4, 1992 easement was granted to the city, and that the request is to correct the error. Public Works Director Danielson stated that the Holts own a piece of property along Dodd Road just south of Somerset School and that right -of -way for Brookside Lane had been platted between the school and the Holt property. He explained that the street was never constructed and was vacated in the 1950's. In the 1960's the city installed sanitary sewer in the vacated right -of -way, receiving an easement to do so. He stated that the easement area was described as the north 40 feet of the Holt property but should have been described as the 30 feet of vacated right -of -way area and the north 10 feet of the Holt lot. He recommended that the vacation be approved, subject to execution of a correct easement. Mayor Mertensotto stated that a certificate of survey should be prepared, at city expense, so that the city is assured that the sewer line is located within the easement area. He further stated that approval of the vacation should be conditioned upon the survey verifying that the utility is within the easement area and execution of a correct easement by Mr. & Mrs. Holt. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 92 -48, "RESOLUTION APPROVING VACATION OF A DRAINAGE AND.UTILITY EASEMENT," amended to condition approval on execution of an easement over the north 30 feet of the vacated Brookside Lane right -of -way together with the north 10 feet of Lot 3, Block 1, T.T. Smith's Subdivision No. 4, and conditioned upon preparation of a certificate of survey, at city expense, to determine that City utilities are located within the redescribed Page No. 3377 August 4, 1992 easement area. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 FAITH CHURCH OF GLORY Mr. Rollin Crawford, representing Linvill Properties, was present to request approval of a two year extension to the special non- conforming use permit granted to Linvill Properties and the Faith Church of Glory in September, 1991, to allow church use in a portion of the Dakota Business Plaza. The permit had been granted to run concurrently with the church's lease with Linvill and will expire in September. Mr. Crawford informed Council that architectural plans have been drawn for two bays in the building and will soon be submitted to the city. He stated that the church has been operating in the building since special permit approval and that he is not aware of any problems with traffic or compatibility with the industrial uses in the area. He stated that the church is growing and hopes to build a facility somewhere in the city in the future. He explained that if permit renewal is granted, remodeling will begin in September and be completed by October 1st. Mr. Crawford stated that city staff had expressed concerns about code compliance for an A -3 (assembly) use within a B -2 buildings which staff determined would require specific roof construction, etc., and that it has been determined that the code does not require the changes set forth by city staff. He stated that all of the code requirements questions have been answered by Mr. Linvill's architect and he is satisfied that the proposal will meet all code requirements. Mayor Mertensotto stated that based on the fact that there have been no problems with the use, the only question is that of code requirements. He stated that he is uneasy with the question, pointing out that the Uniform Building Code is a state document which the city is required to enforce. He asked if the church would be willing to name the city as a named insured on its insurance policy to protect the city against any potential legal costs. The city would have to be notified of any change in insurers or if it is dropped from the insurance endorsement. Mr. Crawford probably doei but may have that Linvill providing an requested. Page No. 3378 August 4, 1992 responded that the church s not have a policy on the space a liability policy. He stated Properties would agree to insurance endorsement as Councilmember Smith asked if the building is located within an air safety zone which does not allow assembly. Administrator Lawell responded that it is not. Mayor Mertensotto proposed that a two-year permit, commencing on October 1st, be approved conditioned upon the city being named as an insured by the building owner on the premises being used by Faith Church of Glory so that there is no question about the city relinquishing any rights under the UBC. He further stated that the endorsement must be filed with the city prior to the October 1st occupancy of the expanded area in the building. He pointed out that the architect's plans must be reviewed by the city's code enforcement and fire marshal for compliance and permit issuance prior to construction of the remodeling. He informed the applicants that it is not Council's intent to waive any safety requirements of the building code. Councilmember Blesener moved to grant a two year special non-conforming use permit, commencing on October 1, 1992, to Dakota Business, a Minnesota partnership, and the Faith Church of Glory, a Minnesota religious corporation, to allow the Faith Church of Glory to occupy two bays in the Dakota Business Plaza building subject to an endorsement on the Dakota Business insurance policy as recommended by Mayor Mertensotto, and subject to review and approval of the building plans by city staff. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 92-24, Mr. Frank Klein, 1826 Valley Curve, was KLEIN present to request approval of a wetlands permit to extend an existing deck on their home by six feet and to add steps. It was noted that the prior owner did not receive wetlands permit approval before constructing the house and existing deck. Page No. 3379 August 4, 1992 Councilmember Cummins pointed out that the deck addition and steps will not encroach on the wetlands any more than the existing deck already does. Mayor Mertensotto noted that the Planning Commission has recommended that the wetlands permit fee be refunded since the permit should have been requested by the prior owner before construction. He stated that the city bears considerable expense for the preparation of reports by the City Planner, and that the applicant invokes the need for a report when an application is submitted. He felt that there should be a minimum fee in all cases rather than waiver of entire application fees. He pointed out that all of the neighbors have submitted approvals to the request and stated that he is not proposing that the applicants pay the entire $135 fee, but rather that the city should have some minimum fee in cases such as this. Councilmember Cummins pointed out that the applicant did not request the waiver. He stated that if Council finds a fee to be excessive, it could reduce the fee, and felt that the fee is excessive in this case since the prior owner constructed the structures without a wetlands permit. Councilmember Blesener suggested that staff should have some discretion in hiring outside planning to review cases. She further stated that in this case there is an existing condition and there is no further encroachment on the wetlands proposed. In this type of instance, staff should prepare the report and there should be no fee. She pointed out that Council rarely waives planning fees. Councilmember Blesener moved to approve the wetlands permit as requested. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 Councilmember Smith stated that if there were a finished structure that not had a wetlands permit applied for and the owner wanted to do additional work, the city would require a wetlands permit for the work already done. She stated she is aware of several instances where property owners adding decks to their Page No. 3380 August 4, 1992 homes were required to get wetlands permits even though the building plans were approved and homes constructed with patio doors installed on the second floors. She felt that it is a purchaser's responsibility to determine that all required permits have been issued for a structure. Councilmember Smith stated that in this case she would be willing to consider a fee reduction but pointed out that this is not just a housekeeping measure but rather that it impacts the wetlands, and some fee should be required. Councilmember Blesener moved to waive and refund the $135.00 wetlands permit fee submitted by the applicant. Councilmember Cummins seconded the motion. Ayes: 3 Nays: 1 Smith Mayor Mertensotto cautioned staff to advise the Planning Commission of Council's discussion, informing the Commission that when the city has incurred costs for preparation of reports Council will not look favorably on refunding fees and that the Commission should be very careful in making recommendations for fee waivers. ANLEF UPDATE Administrator Lawell informed Council on the status of the ANLEF fund contributions. Mayor Mertensotto informed Council and the audience that the Corridor Task Force committee will meet on Thursday to revisit the city's request for a fanned corridor test during dual runway operations. There was discussion over the status of noise monitoring and access to cumulative noise data. Administrator Lawell informed Council that quotes for the Part 150 sound insulation program in Bloomington and Richfield have come in greatly higher than anticipated and many of the benefits originally stated will be taken away to reduce costs. PUBLIC WORKS GARAGE Council acknowledged a memo from the Public ARCHITECT SELECTION Works Director regarding quotes received from architectural firms for the public works garage expansion design and planning. Page No. 3381 August 4, 1992 Mayor Mertensotto noted that there is very little that must be done from an architectural standpoint and felt that there should be a fixed fee contract if the city is going to act as its own contractor. Councilmember Blesener suggested that there be a two phase process, programming design alternatives and cost estimates as the first phase, and the second phase would be to provide construction documents, with a total fee of $22,000 for both phases. She suggested that staff be allowed to prepare a contract to that affect and to determine how much of the fee should be for phase one. The phase one costs should be on a not -to- exceed basis. She stated that at the time the final design comes before Council for approval, Council could then approve phase two. She stated that she agrees with the staff recommendation of Station 19 Architects. Staff was directed to proceed on the basis suggested by Councilmember Blesener and to come back with a proposed contract for Station 19. PARK COMMISSION Mayor Mertensotto informed the audience that APPOINTMENT six individuals had applied for appointment to the 2 1/2 year remainder of the Park and Recreation Commission term vacated by the resignation of Mike Lundeen. He stated that five of the six candidates have been interviewed by Council and that the sixth did not appear. Councilmember Smith moved that Ann Norton be appointed to serve the remainder of the Park and Recreation Commission vacancy created by the resignation of Mike Lundeen. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 PROPOSED 1993 BUDGET Council acknowledged receipt of the proposed budget for 1993. Mayor Mertensotto expressed concern over a proposed equipment certificate expenditure to rebody a piece of fire equipment at the estimated cost of $119,000. He stated that the equipment will not be state -of- the -art and felt that an outside recommendation should be Page No. 3382 August 4, 1992 sought as to the advisability of refurbishing the equipment at such a large expenditure. Administrator Lawell stated that the Fire Department indicated last year that it would be proposing a 40 year plan and that this piece of equipment will be included in the plan. He stated that he is hopeful the plan will be available for Council review on August 18th. Councilmember Cummins pointed out that the document Council will vote on in two weeks is just a proposed budget which will be approved in final form in December. He pointed out that Council will not be making any commitment on August 18th. Councilmember Cummins expressed concern that the proposed budget is too tight. He pointed out that there are several items which are not included, such as possible expenses for aircraft noise litigation and consultant legal charges. He stated that for the purpose of providing public notice he would suggest increasing the budget by $50,000. He pointed out that since the budget considered on August 18th at the public hearing is the maximum budget which can be adopted, it should be on the high side to cover contingencies. He noted that the budget will not be finally adopted until December. Mayor Mertensotto stated that he does not disagree that there are some very plausible contingencies. Councilmember Blesener stated that Council must be sure to budget adequately for park and trail maintenance so that necessary maintenance and repairs on the trail system are funded. She suggested that a reserve should be built and that the parks should be reviewed annually to see what kind of minor tune -ups they need. She stated that the improvements that are already in place should be considered maintenance items and that Council should be sure that there is adequate money in the budget for repairs and maintenance so that the parks remain in good condition. Page No. 3383 August 4, 1992 ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:02 o'clock P.M. F/athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor