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2003-02-04 City Council minutesPage No. 1 February 4, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 4, 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: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE The City Council, audience and staff recited the Pledge of Allegiance. MEMORIAL Mayor Huber informed the audience that City Treasurer Lawrence E. Shaughnessy, Jr. passed away on February 1, 2003, after nearly forty years of service to the city. The City Council, staff and audience observed a moment of silence in Treasurer Shaughnessy's honor. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting, amended to move item 9f, Commission appointments, to item to item 7. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of the regular meeting held on January 21, 2003. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember moved approval of the consent calendar for the meeting, revised to set aside item 5a, Planning Commission minutes, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Building Activity Report for January. Page No. 2 February 4, 2003 b. Approval of the appointment of Public Works Director Danielson as Acting City Administrator during Administrator Lindberg's maternity leave. c. Authorization for the issuance of a purchase order to Dell Computer Corporation for four computer workstations for a cost not to exceed $1,600 each plus tax and shipping. d. Authorization for the issuance of a temporary liquor license to Beth Jacob Synagogue for Saturday, March 29, 2003 from 7:30 p.m. to 10:30 p.m., subject to approval by the Commissioner of Public Safety, along with waiver of the $50 license fee. Authorization for the issuance of a purchase order in the amount of $66,107.75 to RDO Equipment Company for the purchase of a John Deere 410G loader/backhoe, under the Minnesota State Contract. f. Approval of an Automated Pawn System (APS) Service and Software License Agreement with the City of Minneapolis, along with authorization for its execution by the appropriate city officials. g. Approval of the list of contractor licenses dated February 4, �.. 2003. h. Approval of the List of Claims dated February 4, 2003 and totaling $192,129.33. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 COMMISSION APPOINTMENTS Mayor Huber stated that just prior to this evening's meeting, Council interviewed several excellent candidates for appointments to vacancies on the city's advisory commissions. He expressed appreciation to everyone who applied and stated that Council will take formal action on the matter on February 18. COMMUNITY Council acknowledged a memo from Administrator Lindberg REVITALIZATION regarding a presentation by Community Revitalization Resources RESOURCES (CRR) on its financial programs that are available to residents. Ms. Kristin DeGrand, from CRR, informed Council that CRR is a non - profit organization located in Minneapolis that works Page No. 3 February 4, 2003 throughout the state. CRR is also the contract manager for the MAC sound abatement program. CRR is the number one lender for the Minnesota Housing Finance Agency and offers a variety of financial programs to assist home owners with energy and rehabilitation improvements. CRR does not want to duplicate anything the Dakota county CDA offers. Her purpose in making a presentation this evening is to let home owners know what programs are available to them. She stated that no city financing is requested, but that she would like to request a mailing list and a letter of recommendation from the city. She stated that she will place brochures in the City Hall lobby to advertise the programs. Administrator Lindberg stated that interested residents.can call her for information and she will direct them to CRR. Information on the program can be placed on the city's web site and in the city newsletter. Responding to Council questions, Ms. DeGrand stated that CRR offers a 6.5% fixed rate financing with a maximum 20 year repayment and no closing costs. Banks are charging 6.8% for home equity loans and also charge closing fees. Councilmember Vitelli asked if the program is subsidized by Dakota County and why CRR is linked to the city or county. Ms. DeGrand responded that CRR is not linked. She did not go to the county because she feels the CDA has good programs. There is a gap between the programs the county offers and the programs CRR offers, and with a letter of recommendation from the city, CRR can get access to additional programs. The most important thing is to get the information out to home owners so that they know what their options are. The two programs that are already available are home energy loans and home improvement loans through the MBFA fix up fund for home owners. The income limit for home improvement loans is $77,000 and there is no income limit for the energy loans. If the city writes a letter of support for the community fix up fund, that raises the income limit to $88,000 and the maximum loan amount to $35,000. If Council authorizes a mailing list, the CRR would create a single advertising piece at its cost to send to everyone on the list. Councilmember Duggan asked if there are restrictions on the use of the mailing list and whether there is the potential for it to be sold to other groups. He pointed out that many of the city's residents are concerned about privacy. Page No. 4 February 4, 2003 Ms. DeGrand responded that the list will only be used at the CRR office. It will not be sold or used for any other purpose. City Attorney Schleck stated that if Council agrees to the request, it can set the terms of a license that would only allow the CRR to use the mailing list for marketing themselves. Councilmember Duggan moved to direct staff to write a letter of support for the CRR application to the MHFA community fix up fund and to prepare an appropriate license so that the mailing list cannot be resold to other parties. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 NPDES Council acknowledged a memo from Public Works Director Danielson recommending the retention of Bonestroo Rosene and Anderlik Associates (BRAA) to assist in the preparation of a National Pollutant Discharge Elimination System (NPDES) Phase II storm water permit. Mr. Randy Neprash, from BRAA, was present for the discussion. Mr. Neprash explained what NPDES is, explaining that this is a federal program that many Minnesota cities will be living with for many years. Approximately 150 Minnesota cities are currently impacted by the unfunded federal mandate. The Minnesota Pollution Control Agency has drawn up an agreement with the Environmental Protection Agency. The PCA drafted the permit and passed it through its board in June, 2002 but the PCA dragged its heels and did not get approval until December. The application deadline for cities is March 10, 2003, and cities are struggling to meet that deadline. There is a lawsuit challenging the Phase R permit, but the PCA has told cities to proceed with the permit that is in place right now. Mayor Huber asked whether the city has to apply for a permit that describes how the city handles storm water today and then some body will decide that the description of how the city handles storm water is appropriate or not. Public Works Director Danielson responded that the permit applications will be submitted to the PCA and he did not think they will spend much time studying them. The only time something comes up is if a problem comes up. Page No. 5 February 4, 2003 Attorney Schleck stated that it is important to note that there have been several lawsuits related to this issue. There are groups in Minnesota that are very interested in making sure the cities comply with the requirements. Perhaps the city already complies, but he did not know if that question can be answered until the permit application is done. By not complying, the city would be inviting a law suit by an advocacy group. Councilmember Krebsbach stated that Mr. Neprash is proposing that the city engage his firm to prepare the budget at a cost of approximately $20,000. Mr. Neprash responded that he is estimating between $15,000 and $20,000 and the cost could be less. He will look at programs BRAA has in place and would look at the city's best management practices for each of the control measures. The federal government provides a menu of best management practices. Administrator Lindberg stated that in anticipation of this requirement, the city budgeted $35,000 from the storm water fund. The city does not have the staff in house to complete this project itself. Responding to a question from Councilmember Krebsbach, Public Works Director Danielson stated that the city is part of a group that joined with the League of Minnesota Cities to prepare a guidebook, and BRAA wrote the guide book. He feels BRAA is the best firm to prepare the permit application for the city. Councilmember Vitelli asked what problem the federal government is trying to solve by forcing cities to spend $5.1 billion on studies. Mr. Neprash responded that urban storm water runoff is a legitimate issue in terms of being a significant source of pollution in the United . States. Minnesota, and particularly the Twin Cities area, is in front of the rest of the country in terms of having existing programs in place. There is a problem in Minnesota with storm water pollution, and this is only the first phase of the permit. The PCA thinks there will be at least three permit cycles that could take five years. Councilmember Vitelli stated that it seems like a big government boondoggle. Just in the metro area, 150 cities will be paying $20,000 each to consultants for preparation of permit applications. The city should get a Microsoft Word document that is an accepted Page No. 6 February 4, 2003 permit and enter its storm water data into it and submit it. He did not know that any water will be getting cleaned up. Public Works Director Danielson responded that Councilmember Vitelli's estimate is probably very low. The League of Minnesota Cities took it upon themselves to prepare the guideline and the city will be filling in the blanks. Councilmember Duggan was uncomfortable being given a deadline five weeks out and having to pay $10,000. He asked if anyone has applied for an extension. Council should also know what will be learned through this process. He asked how many storm water areas of out flow the city has. Public Works Director Danielson responded that the city has a map and those areas will be identified. Councilmember Duggan asked if the water is being tested somewhere and if the study will tell Council whether the storm water is contributing to pollution in the state. Mr. Danielson responded that the process will be on- going. The city will have duties to complete every year. Councilmember Duggan stated that there are some excellent students in the city who could perhaps help. He suggested that perhaps Sibley, St. Thomas and Visitation may have interest in this project. He asked if the city is committing to doing this with BRAA for years or if an intern could work on it in future years. Public Works Director Danielson responded that the schools could possibly be included, but this first step is very technical and very complicated. The city is not hooked in with BRAA for years. Councilmember Vitelli asked why the city is being told it has a five week deadline after the PCA squandered two years. He also asked if BRAA is comfortable with completing the process in five weeks. Mr. Neprash responded that missing the deadline will probably not be a significant problem. There is discussion going on now to extend the deadline. Councilmember Krebsbach asked whether there is any way to reduce the cost. She also asked if the city can combine with other cities in the county. Ayes: 5 Nays: 0 Page No. 7 February 4, 2003 Public Works Director Danielson responded that the City of Mendota is dealing with the same issue and the same permit, and it will cost them the same as Mendota Heights. Mr. Neprash stated that the PCE has made it clear that they will not accept combined applications. Councilmember Vitelli asked about reimbursable expenses. Mr. Neprash responded that reimbursable expenses, such as printing and travel costs. would not exceed $200 to $300. Councilmember Krebsbach was concerned about a $10,000 expense for five weeks of work. Mr. Neprash responded that BRAA has been working on tracking this permit and putting the package together for the last two years. It will take somewhat longer than five weeks. Councilmember Duggan pointed out that the City Attorney must be alerted and working on the ordinance review with BRAA. Mr. Neprash responded that city staff would pull the city's ordinances together and get them to BRAA. Councilmember Vitelli moved to enter into an agreement with BRAA to complete Stage I for a fee of $10,250 plus reimbursable expenses. Councilmember Duggan seconded the motion. Mr. Neprash informed Council that at the end of Stage I he will work with the city staff to see what needs to be done in Stage H. CASE NO. 03 -01, DZIK /RUDE Council acknowledged an application from Mr. James Dzik and Ms. Joy Rude for a 23 foot setback variance to allow a garden shed at 906 Nina Court. Council also acknowledged associated staff reports. Mayor Huber pointed out that the shed is already in place along Diane Road and that the Planning Commission voted in favor of the variance. Mr. Dzik stated that he put the shed where it is because the neighbor to the rear of his property has a berm that sits five to six foot higher Ayes: 5 Nays: 0 Page No. 8 February 4, 2003 than his property. Mr. Dzik terraced the berm down on his side with stoned to keep dirt from falling into his yard. He also built a two foot high stone retaining wall around the shed so that his neighbors would not see it. He showed photos to Council. Mayor Huber stated that he drove by the property and also watched the Planning Commission meeting. He stated that he was expecting to see hills in Mr. Dzik's back yard but from the street it appears the back yard is reasonable flat. Ms. Rude responded that their back yard is flat but there is a berm about ten feet deep that tapers into their yard, and they had to terrace it into their yard. The structure was tucked into the trees so that it would not impact their neighbors' views. They would have to cut into the hill in order to put the structure somewhere else. Councilmember Schneeman stated that moving the structure would not benefit anyone. Councilmember Duggan stated that fording a hardship is often challenging for the Planning Commission. All of the neighbors are comfortable with the plan and they like what is being done, and he felt that Council should have a little more leeway with respect to hardship. Councilmember Vitelli moved adoption of Resolution No. 03 -08, "A RESOLUTION APPROVING A 23 -FFOT SETBACK VARIANCE FOR A GARDEN SHED AT 906 NINA COURT." Councilmember Schneeman seconded the motion. Ms. Rude stated that there was obvious hesitation on the Planning Commission about what a hardship is and the Commission Chair came out to her house because she wanted to see what hardship there is. Ms. Rude stated that the city needs to have more specific guidelines on hardship. She feel there is a hardship, but the Commission Chair talked to her neighbors and could not explain what a hardship is. Mayor Huber responded that the commission is charged with trying to enforce the rules that are on the books. The Chair was trying to encourage Ms. Rude to ford what the hardship is so that she could ford a way to recommend the variance within the restrictions that are in place. Page No. 9 February 4, 2003 Councilmember Duggan stated that a hardship would be if the city, county or state changed the boundaries of a property and the owner had no control over it. In that case, it would be legal for the owner to have done something before the taking but not after the taking. Hardship is not self - imposed. The commission chair was trying to .work with Ms. Rude to determine what the hardship was. Mayor Huber stated that there is a always an on -going discussion between the Planning Commission and Council. Mendota Heights has set a very high standard on what is acceptable. Neighbors have expectations over what can and cannot be done. Councilmember Krebsbach stated that Council does not expect that the Planning Commission is always of the same mind as Council, and it is good for them to deliberate. CASE NO. 03 -03, NEMETH Council acknowledged an application from Mr. Frank Nemeth for a conditional use permit for PUD and preliminary plat approval for the division of 2455 Delaware Avenue into two lots. Council also acknowledged associated staff reports. Mr. Nemeth stated that he presented his revised plan to the Planning Commission on January 28. He reviewed the revised configuration of Lots 1 and 2 and the other changes to the plan that were made as the result of his last meetings with Council and the Planning Commission. He stated that he has also had unofficial discussions with the Dakota County staff about a new driveway. On a county road that carries 3,000 plus trips per day, the criteria for space between driveways is one - eighth mile, which does not work for him or for many other properties on Delaware. There are eleven openings now in 2000 feet along Delaware. Dakota County representatives told him there are less than 3000 trips per day on Delaware and he approached the county on the basis of existing conditions rather than the trips per day criteria. The owners of two of the homes next to his property were present for the commission meeting regarding the relocation of the barn and their visibility. They were concerned about tree removal. In response to their concerns, he suggested that two of the trees that were to be removed and replaced instead be placed behind the barn. He stated that the barn is low profile and will not rise above the height of the trees. Councilmember Krebsbach stated that she will vote against the proposal. If Mr. Nemeth is going to split his property of this size, the lot should be split in half and the house should be moved. Mr. Nemeth is obviously not going to do that. The sale of the new lot Page No. 10 February 4, 2003 will be an economic gain for Mr. Nemeth, and she feels he should move the house and have two clean lots. Councilmember Schneeman responded that she thinks the plan is beautiful and she would not dream of telling Mr. Nemeth to move his house. Mr. Nemeth stated that in his previous presentation, he explained that the intent was to create a second lot and save as many of the amenities as possible. Councilm.ember Duggan stated that he watched the presentation before Council in December. Considering the underlying guide plan, which is medium density residential, if Mr. Nemeth moved his house out he could put in many more than two houses. He felt Mr. Nemeth has done the best he can to provide for another house and he supports the proposal. Mr. Nemeth has addressed the concerns and comments of the neighbors, the Planning Commission and Council as much as he could. He stated that he is glad Mr. Nemeth is before Council for two lots rather than seven or ten houses. He noted that the resolution should also state that the subdivision is by registered land survey. Public Works Director Danielson responded that staff is asking Mr. Nemeth to plat the property. A registered land survey was an option that was discussed. Councilmember Vitelli moved adoption of Resolution No. 03 -09, "A RESOLUTION APPROVING A CUP FOR A PUD AND A PRELIMINARY PLAT FOR 2455 DELAWARE AVENUE." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 1 Krebsbach CASE NO. 03-02, GOEBEL Council acknowledged an application from Mr. John Goebel for a 6.5 foot side yard setback variance for a home addition and a conditional use permit for a detached garage at 1293 Delaware Avenue. Council also acknowledged associated staff reports. Mrs. Goebel stated that he just purchased the property and is asking for a conditional use permit for a detached garage. There currently is no garage. There had been a detached garage on the property in the past, but it was removed before he bought the home. He is also asking for a variance on the north side of the house. The house is 3 feet, 7 inches from the property line, and he would like to keep the Page No. 11 February 4, 2003 north wall straight. He spoke to his neighbors and-they agree that it would look better without a jog. Mayor Huber stated that the house is technically a non - conforming structure now. Mrs. Goebel stated that she looked at attaching a garage, but that would block out the entire view of their back yard and would block out any natural light to the kitchen and other living areas. They would also have to remove two mature trees. She stated that the house is very small, and she described the addition for Council. Councilmember Vitelli moved adoption of Resolution No. 03 -10, "A RESOLUTION APPROVING A 6.5 FOOT SIDEYARD SETBACK VARIANCE FOR A HOME ADDITION AND CONDITIONAL USE PERMIT FOR A DETACHED GARAGE AT 1293 DELAWARE AVENUE." Ayes: 5 Councilmember Krebsbach seconded the motion. Nays: 0 SWAN DRIVE NAME CHANGE Council acknowledged a memo from Public Works Director Danielson regarding continued discussion on a request to change the name of the portion of Swan Drive between Wagon Wheel Trail and :Cheri Lane. Mayor Huber stated that various names have been suggested for the street. He felt that there should be a name indicative of the area. Councilmember Duggan suggested that the street be named Cygnet, which means baby swan. Councilmember Vitelli suggested that perhaps it should be called Mertensotto Lane. Mayor Huber responded that several people have suggested the names of people who live in the area. Councilmember Vitelli stated that he feels Councilmember Duggan's suggested name is excellent. Councilmember Duggan moved to rename that portion of Swan Drive between Wagon Wheel Trail and Cheri Lane as Cygnet Lane. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Page No. 12 February 4, 2003 POLICE CHIEF Council acknowledged a memo from Administrator Lindberg RECRUITMENT regarding the Police Chief recruitment process. Mayor Huber suggested that the five top candidates all be interviewed on the same day and stated that he would prefer a Saturday, starting about 8:30 a.m. Administrator Lindberg asked if the interviews should be back to back with the police committee interviews. Mayor Huber stated that Council's interviews would consist of the Council and City Administrator. The Human Resources Coordinator would sit in on the police committee interview process. Council would seek Acting Chief Anderson's input, put it is up to Council to make the decision. He would like the candidates to have an opportunity to meet with the police department if the department desires. Acting Chief Anderson stated that he would like the department to have a 20 to 30 minute interview with each of the candidates before their Council' interviews, and perhaps before the end of Council's interviews he can meet with Council and give a recommendation. Councilmember Vitelli asked, when Chief Johnson was hired, if the candidates met with the police department the Friday before Council's interviews. Chief Anderson responded that the department's only involvement was to give the final five candidates a tour. Councilmember Krebsbach felt that Council would want a rating sheet for the police committee to put into Council's rankings and that Chief Anderson could be present during Council's discussion. The committee would be contributing in the final calculation. Chief Anderson stated that he did not expect the police oral board interviews to result in one candidate. Administrator Lindberg stated that staff will put together a score sheet for the police board similar to what will be done for Council so that Council gets the individual score sheets for each of the candidates. Mayor Huber felt that Acting Chief Anderson and Administrator Lindberg should be present when Council does its final discussions Page No. 13 February 4, 2003 on the candidates, but not the rest of the police committee. Chief Anderson should carry forward a recommendation to Council. Councilmember Krebsbach stated that she would like the chief to let Council know who he picks for his committee and their rank and why he chose them. Mayor Huber responded that is a management question that the city administrator would be asking, and if she wants to share that information with Council it is fine. COUNCIL COMMENTS Councilmember Duggan informed Council on concerns he heard from residents while campaigning. They were: people would like to see public art; slowing down traffic on Chippewa; a letter from David Palme about his concerns; support from young people for a skateboard park; and strong concern from the people east of Town Center over their street improvements. MISCELLANEOUS City Administrator Lindberg reminded Council that the Airport Relations Commission will be held on January 12 and that the Commission had requested Council to attend and conduct a joint meeting. COUNCIL COMMENTS Mayor Huber informed Council that there will be a meeting next week that the West St. Paul Mayor called to discuss working together. He stated that he would not commit the city to any cooperative ventures without full discussion with Council and staff. ADJOURN There being no fiu-ther business to come before Council, Councilmember moved that the meeting be adjourned. Councilmember seconded the motion. Ayes: 5 Nays: 0 Kadileen M. Swanson City Clerk