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2003-07-15 City Council minutesPage No. 1 July 15, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 15, 2003 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Acting Mayor Krebsbach, Councihnembers Duggan, Schneeman and Vitelli. Mayor Huber had notified Council that he would be absent. PLEDGE OF ALLEGIANCE The City Council, audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of the regular meeting held on July 1, 2003 as amended. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 6c, firefighter appointments, and and 6e, alarm system ordinance amendment, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of a report on the third annual Rogers Lake fishing derby. b. Award of a purchase order to Pine Bend Paving for Mendota Heights Road repairs for their low bid of $3,560. Authorization to retain Shenehon Company for appraisal services for the Birch condemnation hearings. Page No. 2 July 15, 2003 d. Adoption of Resolution No. 03 -50, "A RESOLUTION AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM." e. Adoption of Resolution No. 03 -51, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE MENDOTA MEADOWS PUD." f. Adoption of Resolution No. 03 -52, "A RESOLUTION DENYING A PRELIMINARY PLAT AND VARIANCE TO CREATE THREE ADDITIONAL LOTS AT 1062 WAGON WHEEL TRAIL." g. Adoption of Resolution No. 03 -53, "A RESOLUTION DENYING A PRELIMINARY PLAT AND VARIANCE FOR THREE LOTS." h. Approval of replacement sign letters for 1460 Sibley Memorial Highway (Hudson Trucking). i. Approval of the list of contractor licenses dated July 15, 2003. j. Approval of the List of Claims dated July 15, 2003 and totaling $936,817.68. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 FIREFIGHTER Council acknowledged. a memo from Fire Chief Maczko regarding APPOINTMENTS the appointment of three probationary firefighters. Assistant Fire Chief Kilburg was present for the discussion. He introduced Steve Abrahamson, Tom Mattaini and Chris Perrault to Council and the audience. Councilmember Duggan moved to appoint Steve Abrahamson, Tom Mattaini and Chris Perrault to probationary firefighter positions effective July 16, 2003. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 C Page No. 3 July 15, 2003 FIRE ALARM ORDINANCE Council acknowledged a memo from Fire Chief Maczko along with a proposed ordinance amending the alarm systems ordinance. Assistant Chief Kilburg briefly reviewed the proposed ordinance. He informed Council that when an alarm goes off, the alarm company calls 911. Many of the calls are cancelled before the department even gets to the station. A large number of cancellations can be eliminated if the alarm companies are required to contact the homeowners to see if everything is all right. He stated that if the ordinance is adopted, its provisions will apply to all alarm systems, including existing systems, and a copy of the memo and ordinance will be mailed to all alarm companies. Councilmember Duggan moved adoption of Ordinance No. 350, "AN ORDINANCE AMENDING ORDINANCE NO. 221," to require remote monitoring locations to verify residential alarm signals prior to reporting them to the fire service. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 SAFE AND SOBER Council acknowledged a memo from Police Chief Mike Aschenbrener requesting authorization for the police department to participate in the 2003 -2004 Safe and Sober Communities Traffic Safety grant program. Chief Aschenbrener introduced Mr. Bob O'Brien, liaison from the Department of Public Safety Office of Traffic Safety. Mr. O'Brien informed Council on the number of deaths and injuries resulting from accidents on Minnesota roads last year. In the last ten years there has been a 500,000 increase in new drivers in the state. During that period Mendota Heights and Dakota County have had a reduction in crashes in spite of the increase in drivers. That is because of the excellent work the city's police department does. In recognition of the department's excellent job, he awarded the department with vision impairment goggles for use in safety training. Acting Mayor Krebsbach congratulated Chief Aschenbrener and the department. She also expressed appreciation to Mr. O'Brien and to the DPS for the goggles. Councilmember Schneeman moved adoption of Resolution No. 03- 54, "A RESOLUTION AUTHORIZING PARTICIPATION IN SAFE & SOBER COMMUNITIES." Page No. 4 July 15, 2003 Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 CASE NO. 03 -26, FINK Council acknowledged an application from Mr. Robert Fink for a preliminary plat and variance to create one additional lot at 1850 Arvin Drive. Mr. Fink and Mr. Paul McGinley, from Loucks - McLagan, were present for the discussion. Mr. McGinley asked what the consequences of a 2/2 vote would be, since there are only four members of Council present this evening. City Attorney Schleck responded that pursuant to new legislation, as of June 1 for issues with respect to land use and zoning, lack of an approval constitutes a denial. Mr. Fink requested that Council table the matter to the next meeting. Attorney Schleck stated that the date of the original application was May 5 and the city has already asked for a 60 day extension, so tabling the discussion to the next meeting would not be a problem with the 60 day rule. Councilmember Duggan moved to table discussion on the �. application to August 5. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CASE NO. 03 -29, SNYDER/ Council acknowledged an application from Ms. Christine Snyder LANDRY and Mr. Stephen Landry for a conditional use permit and variances for a detached garage at 2085 Valencour Circle. Council also acknowledged associated staff reports. Mr. Landry stated that he knows there are some questions about the uses of the various buildings on the property. He distributed information, requested by city staff, about the uses. Mr. Landry stated that his request is for a conditional use permit to build a detached garage. The reason for the proposal is that he does not have a garage and city ordinances require residential properties to have garages. There is no place on the property to put an attached garage. The variances are for the proximity of the proposed garage to the lot line from T.H. 55 and because the size is 59 square feet larger than the ordinance allows. He stated that he will be removing one of the buildings, a 112 square foot storage shed, from the site (` Page No. 5 July 15, 2003 and will be replacing it with a three car garage. He reviewed a site j plan showing each of the buildings on the property and described what they are being used for. At one point the garage will be seven feet from the state right -of -way. His property is isolated to the extent there is nothing behind it except for one neighbor about 200 to 300 feet down the road. Councilmember Schneeman stated that she visited the site today. She felt it would be difficult to add a garage onto the house. Councilmember Duggan asked if there has ever been a garage on the property or if one of the existing buildings was used for a garage. Mr. Landry responded that there has never been a garage. Councilmember Duggan stated that he followed the Planning Commission discussion and walked the property and does not know anywhere else Mr. Landry could put a garage. He asked Mr. Landry if he needs 809 square feet or if he can reduce the size so that a variance would not be needed. He stated that there is nothing around the property and it is not unreasonable to grant the variance. Acting Mayor Krebsbach stated that if the garage were aligned closer with the pathway it appears that it would not need a variance. She also noted that originally the City Planner recommended denial. Assistant Hollister reviewed the planner's recommendation. He stated that the planner is not comfortable with granting the conditional use permit because that would appear to expand the non- conforming use. He also felt that it would be possible to build an attached garage that meets the size requirements and did not feel that the variance criteria are met. Assistant Hollister stated that Mr. Grittman has served as the city's planner for about four years and during that time, as he has become acclimated to Mendota Heights, he has interpreted correctly that the ordinance expresses a preference for attached garages. The owner does not agree, and the commission supported him. Mr. Grittman feels that in order to justify a detached garage, especially one that needs variances, it would be incumbent on the applicant to show why an attached garage would not work. Councilmember Schneeman moved adoption of Resolution No. 03- 55, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES FOR A DETACHED GARAGE AT 2085 VALENCOUR CIRCLE." Councilmember Duggan seconded the motion. Page No. 6 July 15, 2003 Mr. Landry stated that he will match the color of the garage to the house siding. Councilmember Duggan asked how Council will know that the structure will not be used for additional kenneling. Mr. Landry responded that it has been made very clear that he cannot use it for kenneling because the use is non conforming. The garage is for storage of vehicles and equipment for maintaining the property and has nothing to do with the kennel. VOTE ON MOTION: Ayes: 4 Nays: 0 ROGERS LAKE Council acknowledged a feasibility study from Parks Project Manager Guy Kullander with respect to improvements at Rogers Lake that would enhance fishing opportunities and the survivability of fish in the section of the lake north of Wagon Wheel Trail. Mr. Kullander reviewed the history of the proposed project and informed Council that he and Public Works Director Danielson met with representatives from the DNR. The DNR representatives agreed that lowering the culvert and removing a portion of the submerged roadbed would allow fish to migrate between the two portions of the lake. They also recommended excavating several pools to provide additional fishing stations. They said they would approve filling for roadway widening but only if the filling was on the north side of the road. To do this limited project would cost $40,000 to $50,000. That is not the project staff recommends because when Wagon Wheel is improved some time in the future, much of the improvements would need to be removed. Staff views this project as a roadway safety project. The city has designated Wagon Wheel as an MSA road and receives needs funding to move it to full MSA standards. To receive MSA funding for replacing the culvert, the city must have an approved design plan to remove the "s" curve on Wagon Wheel. He reviewed the possible scenarios described in his report: scenario a, upgrading Wagon Wheel to full MSA standards; b, reconstructing the "s" curve area and putting in that portion of the roadway to MSA standards; c, replace the culvert and selected shoreline fishing enhancements; and d, just replacing the culvert in the existing right -of -way. To do scenario c, the city could replace the culvert and widen the road bed, so that the future roadway could be put in place in the future, and restore the bituminous at its current width. If the limited project is done, scenario d, only replacing the culvert, the city would have to go through all the agency approvals now and again when the street is Page No. 7 July 15, 2003 upgraded. Staff recommends option c. To accomplish that option, staff recommends hiring a consultant to design the project and do the surveying and soil testing, feasibility study, etc. The consultant would then prepare and submit permit applications to the DNR and MSA. If the permits are approved, the consultant would follow through to construction and inspection. Mr. Clifford Timm has indicated to Council that he is willing to donate $50,000 towards a project that would benefit and enhance fishing in Rogers Lake. If the permits are approved by the state, MSA would fund the engineering and roadway improvements. There would be no assessments to property owners. If the city holds a public informational meeting for the residents and if a majority of them want to upgrade Wagon Wheel to final standards at this time, the estimated cost to them would be about $3,700 per lot. Councilmember Schneeman asked when the road will need to be upgraded. Mr. Kullander responded that if a new roadway were constructed today and Council asked how long it would last, the response would be probably 20 to 25 years. Wagon Wheel has a pretty solid roadbed because it was a county road. The surface is about 18 years old now, and it is likely that the city would have to look at upgrading it in five to ten years. Acting Mayor Krebsbach stated that upgrading Wagon Wheel would be an option should Council decide to do the larger culvert option at this time. Mr. Richard Paul, 940 Wagon Wheel, stated that the road improvement will affect him, perhaps positively. He stated that he was not aware until tonight what the projects would entail. He is present because of his interest in the quality of the lake. He stated that he wrote a letter to Council fifteen years ago about the quality of the lake and the lakebed, and he has updated that letter (and gave a copy to Council). He asked if there is an option to do something with the bottom of the lake. The improvement would only dig pools right at the culvert ends. Acting Mayor Krebsbach responded that nothing has been planned to do any major lake bed improvements. Mr. Kullander stated that one of Mr. Timm's suggestions was to dredge the lake for 500 feet, but that would be a very difficult Page No. 8 July 15, 2003 operation. The DNR did not recommend dredging any of the lake other than to dig small fishing pools. Mr. Paul stated that he is present tonight because of his interest in the lake quality, but he is supportive of the staff recommendation. He stated that the vegetation that is growing in the lake is profuse and every year more vegetation decays and feeds the next year's growth. Mr. Ira Kipp, 990 Wagon Wheel, thanked Mr. Timm for everything he has done to make Rogers Lake such a good fishing lake. He agreed with the proposal because there is a large amount of fish kill every year. Regarding upgrading the road to MSA standards, he did not like that proposal. The entire road is like a park now — there is a tremendous number of people fishing from the road now, and making it larger with parking lanes would just make the problem of people coming across his property and leaving trash, etc., worse. Acting Mayor - Krebsbach stated that she would like to have the residents have an opportunity to hear Mr. Kullander's presentation, and she suggested that a public informational meeting for the Wagon Wheel area and Rogers Lake be held on July 31. Mr. Kullander stated that at the presentation, staff cannot answer specific questions from homeowners about what the road would be like in front of their houses because no design work has been done. The majority of the road will stay the same. The only big change would be that the "s" curve would be softened. Also, a walkway and off street parking would be created. Acting Mayor Krebsbach stated that she would also like it to be made clear that just replacing the culvert would not require widening the road. Option c envisions widening the road to MSA standards in that section to make it easier to widen the road in the future. She would like the residents to weigh the benefits of the longer culvert versus a shorter culvert. Mr. Kullander responded that staff does not recommend that option (scenario d) because to build to MSA standards the longer culvert and wider roadbed are needed. The city would still need to get all the state permits and then at such time as the road needs to be reconstructed, the city would have to get all of those permits again. Acting Mayor Krebsbach stated that what Mr. Timm is proposing would not necessarily drive upgrading to MSA. There is an option Page No. 9 July 15, 2003 that the culvert could be paid for by the donation from Mr. Timm without the MSA standard being applied. She would like the community involved in the discussion or at least informed that this is being discussed by Council to see if they have any interest beyond options c and d. Councilmember Vitelli stated that option c is excellent and the right thing to do. He felt Council should move ahead with it. He would not support option d because it is not funded by MSA and the tax payers would have to pay for it. Acting Mayor Krebsbach stated that the cost would be in the future if the city wants to reconstruct the road to MSA standards. This improvement would have to be removed and a larger culvert would have to be installed. Mr. Kullander responded that the city would also have the additional costs of applying for the DNR permit. Councilmember Vitelli felt that option c should be adopted and that it should be done right away. The benefits of just doing option c are that not only will there be improvement to the lake but there will also be improved driving safety and a pathway. It is not a safe place to walk, and to him it is not a very safe "s" curve. Option c would not only improve the water and fishing quality,, it would also improve safety. The project would not affect any residents and he did not know what residents would want a meeting for. There is no cost to them or the city. The city would get the proper approvals from the state and Mr. Timm would be helping to pay for what MSA does not fund. Acting Mayor Krebsbach stated that the meeting would be to inform the residents about the donation and the proposed upgrade to the culvert. It is also the first key piece in the MSA standard. Councilmember Vitelli responded that he does not know that a meeting is needed. If Council chooses option d and the road is improved some time in the next ten years, he would assume Council would want to do it with MSA funding. The improvements done under option d would have to be taken out and it would cost the residents a lot more money. He felt Council should move ahead with option c because it is a very good proposal. His only conditions would be that there be a written agreement with Mr. Timm on how the money would be used, and that the project only proceed if the city receives MSA funding approval. Page No. 10 July 15, 2003 Responding to a question from Councilmember Schneeman, Mr. Kullander stated that if option c is constructed, the roadway will stay in the same place and the culvert would be 84 to 85 feet long. Some filling would be done to provide a wider area for the future roadway. Councilmember Schneeman stated that she likes option c and thinks people would come out of the woodwork if they felt they would have to pay for an improvement. In a few years the city will have to face up to that. Council has talked about an information meeting, but she thinks that should involve the Parks and Recreation Commission. If Council holds a hearing and the commission does not know anything about it, Council would be preempting them. Councilmember Duggan stated that safety has always been a concern, especially at the "s" curve. Making it wider is definitely a way to make it safer. He asked if there is any consideration for oxygenation on the north side of the lake. Mr. Kullander responded that staff has discussed that with the DNR and they said it isn't deep enough for oxygenation to work and they recommend against it. Mr. Clifford Timm expressed his appreciation to Council. He stated �. that if the project goes through it will also give him a foot to stand on when he goes to the capitol to talk about the proposal to reduce the fish limits. He stated that he would like to bring back the idea of feeding the fish, which is being tested at Thompson Lake in West St. Paul. Acting Mayor Krebsbach asked Mr. Timm if he is satisfied with the option c proposal as Mr. Kullander presented it. Mr. Timm responded that he is very happy with the proposal, especially taking out the old roadway. He stated that he will give the city the grant whenever the city tells him. He also stated that there is a problem with trash along the road and the fishing area should be posted about picking up trash. Acting Mayor Krebsbach stated that she is advocating a public informational meeting to inform the residents on the options. It would be presented to the neighborhood that the city's preference is option c and that Council would not be interested in full MSA improvement at this time. Page No. 11 July 15, 2003 Councilmember Duggan stated that it makes sense to go ahead with option c for the safety reasons and for the upgrading in the "s" curve. The city can address the trash issues with proper monitoring. Councilmember Vitelli stated that the project time line for option c addresses Acting Mayor Krebsbach's concerns about resident involvement. That timeline involves a presentation to the Parks and Recreation Commission and a public hearing by the Planning Commission, and people are aware of those meetings. Councilmember Duggan moved to direct staff to move forward with option c immediately, following the timeline presented in the staff report, subject to $50,000 in funding by Mr. Cliff Timm and a written agreement with Mr. Timm on how that money will be used, and further subject to state approval of MSA funding. Councilmember Vitelli seconded the motion. Acting Mayor Krebsbach clarified that when the proposal goes through the steps, that Mr. Timm be made aware of what the final project is and signs off that it is fine with him. Ayes: 4 Nays: 0 Parks Project Manager Kullander recommended that the firm of Bonestroo Rosene be retained as the project consultant. He stated that the firm has expertise in fisheries and engineering. In the meantime, before getting any funding from Mr. Tim, staff would prepare a draft agreement with the consultant with a not to exceed amount. The draft agreement will be brought to Council for approval. After Council approval of the agreement and upon receipt of money from Mr. Timm, staff would have Bonestroo begin the work. COUNCIL COMMENTS Councilmember Vitelli informed Council that the next Noise Oversight Committee meeting will be held on Thursday at 1:30 at the MAC headquarters. Councilmember Duggan informed Council and the audience that a memorial service and cancer walk will be held at St. Thomas Academy on Friday evening. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned. Councilmember Vitelli seconded the motion. Ayes:4 Nays: 0 Page No. 12 July 15, 2003 T F AD URNMENT: 9:08 p.m. at en M. Swanson City Clerk C �