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2000-12-05 City Council minutesPage No. I December 5, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 5, 2000 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, I j 0 1 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 Dwyer, Huber, Krebsbach and Schneeman. PRESENTATIONS On behalf of the City Council, Mayor Mertensotto presented a plaque to Mr. Clifford Timm expressing the city's appreciation for his monetary donations to the Special Park Fund to enhance and preserve fishing for the youth of Mendota Heights. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held on November 21, 2000. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Schneeman moved approval of the minutes of the Election Canvassing Board meeting held on November 8, 2000. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items 5j, sign making equipment purchase, 51, Metricom permit, and 5n, rescheduling of Planning Commission meeting to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the November 8, 2000 Airport Relations Commission meeting. Page No. 2 December 5, 2000 b. Acknowledgment of the minutes of the November 14, 2000 Parks and Recreation Commission meeting. c. Acknowledgment of the unreviewed minutes of the November 28, 2000 Planning Commission meeting. d. Acknowledgment of the agenda for the December 6, 2000 NDC4 Executive Committee meeting. e. Acknowledgment of the Building Activity Report for November. f. Acknowledgment of a donation of $2,000 donation from Mr. Clifford Timm to the Special Park Fund. g. Authorization for Interim Administrator Danielson to execute a contract with Safe Assure for safety training and preparation and updating of the city's safety programs for 2001 for $5,000. h. Authorization for the issuance of a purchase order for $1,678.00 to the Schneider Company for the installation of window blinds on the north side of the upper level of City Hall, to be funded by the City Hall fund. i. Authorization for the issuance of a purchase order to Aspen Equipment for $24,835.80 for a Brush Bandit Model 250XP Brush Chipper through the Minnesota State contract, to be financed by the Equipment Reserve Fund. j. Authorization for the issuance of a purchase order to Dell Computers for Dell Dimension 4100 computer for Administration for $1,488.98 plus tax and delivery. k. Approval of the appointment of Jay Taylor, Scott Goldenstein and Rob Galezewski to permanent firefighter positions. 1. Adoption of Resolution No. 00-96, 'RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES,: and RESOLUTION NO. 00-97, "RESOLUTION CERTIFYING UNPAID WEED CUTTING CHARGES" with direction to the City Clerk to pursue an increase in the certification charge from $25.00 to $50.00. Page No. 3 December 5, 2000 m. Adoption of Resolution No. 00 -98, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 98, PROJECT NO. 3." n. Approval of the list of contractor licenses dated December 5, 2000. o. Approval of the List of Claims dated December 5, 2000 and totaling $89,631.07. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 00 -22, METRICOM Council acknowledged a memo from Assistant Hollister regarding a request from Metricom, Inc. for an extension of its conditional use permit for antennae apparatus on the water tower. Mayor Mertensotto stated that he has no problem with the extension but Council should not automatically grant a six month extension without justification. He asked if there is any reason Metricom cannot get the lease agreement ready for Council review within 90 days. Interim Administrator Danielson responded that he believes Metricom wanted to hold of on installing the antennae until next spring. Mayor Mertensotto recommended that Council only grant a ninety day extension and that Metricom must show justification for a longer extension. Councilmember Dwyer moved to grant a ninety day extension on the Metricom conditional use permit from and after December 6, 2000. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 PLANNING COMMISSION Council acknowledged a memo from Assistant Hollister regarding MEETING cancellation or rescheduling of the December 26 Planning Commission meeting. Mayor Mertensotto stated that the Commission is asking for authorization to reschedule its meeting to December 28 with the Page No. 4 December 5, 2000 proviso that they have an option to cancel the meeting if there are no urgent requests pending. Councilmember Schneeman moved to concur in the request of the Planning Commission. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 SIGN MAKING EQUIPMENT Council acknowledged a memo from the City Clerk regarding acquisition of sign making equipment for the Public Works Department. Councilmember Huber asked why the city cannot contract for sign making. Interim Administrator Danielson responded that a sign maker is necessary because the city staff put up signs almost weekly and also make all new signs for street reconstruction projects. Councilmember Krebsbach moved to authorize the purchase of a 30" Ultra Pro system and software from Sign Warehouse for $4,190 plus tax and delivery, the issuance of a purchase order to Dell for a Dell dimension 4100 Pentium III for $1,488.98 plus tax and delivery under the state contract, and a purchase order to 3M for a 36" hand squeeze roll applicator for $2,693.39, including tax and delivery with further authorization for all costs to be financed by the Equipment Reserve Fund. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 00-42, BJORKLUND Council acknowledged an application from Richard Bjorklund for a 4.5 foot height variance for a new home at 158 Orchard Hill. Council also acknowledged associated staff reports. Mr. Bjorklund was present for the discussion. Mr. Bjorklund informed Council the variance would allow the south side of the house to have a lower walk-out level with two windows. The lot is unique because of the grade changes from west to east and from north to south. There is an approximate 18 foot drop from west to east, and the lot slopes at an angle. He felt that if any dirt is piled up along the windows, the house would look to massive from Orchard. He stated that he did not know the home would be considered two stories to the front. Page No. 5 December 5, 2000 Mayor Mertensotto stated that the maximum height for a house under city ordinances is 25 feet. There is no question there was a flaw in the plan and if Council does not grant a variance the house would have to be taken down. The Planning Commission recommended approval of the variance with the condition that evergreen trees be planted on the southeast to shield the view of the house. Mr. Bjorklund stated that there are existing pine trees and the owner has indicated that he will do whatever the city wishes. The existing pine trees are about 20 feet tall, and he recommends planting six blue spruce with a minimum 6 foot height. Mayor Mertensotto directed Assistant Hollister to revise the proposed approving resolution to require six blue spruce with a minimum height of six feet. Councilmember Krebsbach asked if the home was originally planned without lower level windows. Mr. Bjorklund responded that he had them framed in so the owner could see what the house would look like and he kept the dirt away from them. He stated that when the designer drew the plans, he did not know the about the ordinance restriction and Mr. Bjorklund could not wait two months for the variance process, so he framed the windows in. He informed Council that the owner really likes the windows and would like to retain them. Councilmember Krebsbach noted that the house was designed such that if the variance is not approved the windows can be closed off. The original design was that the house could be built without the windows. She stated that she would like the record to show that Mr. Bjorklund was willing to have an alternate plan absent approval of the variance. Mayor Mertensotto stated that the house was designed without knowledge that there is an overall 25 foot height restriction. Councilmember Dwyer moved adoption of Resolution No. 00 -99, "A RESOLUTION APPROVING A 4.5 FOOT HEIGHT VARIANCE FOR A NEW HOME AT 1858 ORCHARD HILL," with the finding of hardship based on the unique topography of the site and the structure of the lot, with the condition that the owner install six blue spruce trees of a minimum height of six feet. Page No. 6 December 5, 2000 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. CAO 00 -04, Council acknowledged an application from Mr. George Spanjers for SPANJERS a critical area permit to allow construction of a new home. Council also acknowledged associated staff reports. Mr. Spanjers stated that he is applying for site plan approval for a lot within the critical area at 1223 Knollwood Lane. He stated that his site plan meets all of the concerns of the critical area ordinance. Councilmember Dwyer stated that the ordinance states that a variance is required within 40 feet of the 40% slope area. The house will be more than 40 feet away from the slope. Mayor Mertensotto directed staff to make certain the erosion control and grading is appropriate to stabilize the slopes after construction. Councilmember Schneeman moved adoption of Resolution No. 00- 100, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A NEW HOME AT 1223 KNOLLWOOD LANE." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TRAFFIC CALMING Council acknowledged a memo from Interim Administrator Danielson regarding traffic calming on Delaware Avenue. Mayor Mertensotto stated that the matter had been continued from the last meeting so that notices could be published in the local newspapers to alert interested residents. Chief Johnson gave a history for Council and the audience. He stated that he and Mr. Danielson met with Mr. Glenn Van Wormer, a traffic engineer, to determine how to "calm" traffic on Decorah. He stated that Mr. Van Wormer made six recommendations and those recommendations were reviewed by the Planning Commission and Parks Commission. He reviewed the recommendations and also reviewed the results of a speed study done on Decorah by the police department. He stated that the Planning Commission recommended approval of the recommendations with the exception of bush trimming because they felt the buses were only a concern during the growing season. Page No. 7 December 5, 2000 Mayor Mertensotto asked how the city would monitor and control that trimming will take place. Councilmember Dwyer suggested that there be a standing order for trimming and if that does not work, he stated that he drives through the intersection often and will monitor the situation. Interim Administrator Danielson stated that the property owner did not volunteer to trim the bushes. Councilmember Dwyer responded that if the bushes are causing a public safety problem, the city has authority to trim them. Responding to a question from Mr. Lars Hessberg, 749 Decorah, Mayor Mertensotto stated that the traffic calming measures only apply on Decorah between Ocala and Huber Drive. Mr. Hessberg asked whether Council has done anything about speed along Decorah. He stated that all of Decorah is a problem. Mayor Mertensotto responded that Council only looked at this intersection and has not undertaken any other study. He stated that the city is forced to post a 30 mile per hour speed limit unless there is a school crossing but can have a speed advisory sign along a curve. Councilmember Krebsbach informed Mr. Hessberg that Council is aware of the residents' concerns over the speed on Decorah. Councilmember Dwyer pointed out that the traffic study done by the police department shows that 97% of the 1,000+ vehicles analyzed were either at the speed limit or under it. Mr. Hessberg stated that he does not believe that is a true sense of what is going on. He felt there is a serious problem on all of Decorah. Mr. Roger Plath stated that Decorah has been a problem for thirty years. There are hazards because of the ball field, soccer area and playground, and the city must do more than stripe the street to slow traffic. He felt there should be a stop sign at Pueblo and Decorah and also at Apache. He stated that an advisory speed sign at the curve is not enforceable and police cannot stop cars because of an advisory sign. Page No. 8 December 5, 2000 Councilmember Dwyer stated that it is his understanding that the function of a stop sign is not to slow traffic but to make it stop. The solution seems to be to have better enforcement of the city's traffic signs. Councilmember Huber stated that there are several streets in the city that have chronic problems because people tend to use them to cut through areas. Also, people who are always driving the same streets tend to be more likely to speed on them. Councilmember Schneeman suggested that issuing more tickets may help solve the problems. Councilmember Krebsbach moved to adopt the staff recommendations for traffic calming, with the notation that the Council is aware about the concerns over Decorah, and direct city engineering to report back within six months to determine whether the work has been completed. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 PARKS CIP Council acknowledged a Parks Five Year Capitol Improvement Plan l from the Parks and Recreation Commission along with a report from Parks Project Manager Guy Kullander. Responding to a question from Mayor Mertensotto, Mr. Kullander stated that the play equipment and warming house at Wentworth Park are the highest priorities. He informed Council that revenues to the Special Park Fund were projected out to five years and the commission then took all the projects and spread them out over five years. They did not want to overload the front end. Mayor Mertensotto pointed out that the Commission will still need approval for the projects. He stated that council has transferred $60,000 to the special park fund from antennae rental for 2000, 2001 and 2002 and there should also be revenues from park contributions. Councilmember Dwyer stated that the commission is asking Council to adopt the CIP as a guideline. It is a five year plan that would be subject to re- verification, and each of the components would need Council approval. He stated that netting at Mendakota Park needs to be done before 2005 because there is a serious problem. Page No. 9 December 5, 2000 Mr. Kullander stated that there is a possibility that the city may be able to apply for federal funding, which would mean all of the playgrounds could be done at one time and the other work could be spread out differently. He stated that he will bring Councilmember Dwyer's recommendation about netting to the Park and Recreation Commission at its next meeting. Councilmember Schneeman stated that she is pleased to see that that the Commission is proposing to add fountains in the Ivy Falls Park pond. Councilmember Dwyer moved to adopt the recommended Mendota Heights Parks Five Year (2001 -2005) Capitol Improvement Plan. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 NDC -4 Council acknowledged a memo from Interim Administrator Danielson regarding a proposed cable franchise ordinance for Everest Communications and the proposed 2001 NDC4 budget. Ms. Jodie Miller, NDC4 Executive Director, Mr. Brian Grogan, NDC 4 Legal Counsel, and Mr. Mike Sokol, the city's citizen representative on NDC4 were present for the discussion. Ms. Miller stated that Everest Communications came to the Commission last spring, just after the renewal of the AT &T ordinance. The Commission also received an application from Wide Open West, but they have faded from the picture. The base of the Everett Ordinance amendment is the ordinance that was adopted for AT &T. Under Minnesota law, new companies must be treated the same as current operators. The changes in the contract apply because this company will be doing all new construction. It will be a combination of above - ground and below construction. Mayor Mertensotto asked if any of the member cities have ordinances that allow them to charge for use of their right of way. Ms. Miller responded that she believes some of the cities have adopted the League of Minnesota Cities model. Responding to a question from Mayor Mertensotto, Ms. Miller stated that NDC4 had to put some flexibility into the amendment for I -Net. The AT &T agreement is a user -pay I -Net, and it did not make much sense that users would want to purchase a second I -Net from a i second provider. She stated that in 2002 the new operator will begin 1 Page No. 10 December 5, 2000 collecting revenues. Across the country, when a new provider comes in, more cable subscribers come on and prices go down. Councilmember Huber stated that Everest has to pay its first $250,000 within 30 days of adoption of the ordinance by the cities. Wide Open West wanted the Commission to reduce the PEG money because they were not starting up for a while, bud NDC4 did not feel they could do that. Mr. Grogan stated that there are two forms of payment. Franchise fees will not start until the company actually serves people. The PEG money will kick in immediately. Everest must match AT &T. All facility and capitol needs are more than covered and there should be a net gain overall for the member cities. Councilmember Huber stated that AT &T and Media One knew that Everest was coming for quite a while, and he felt that the competition will be good. Mr. Grogan stated that one of the big issues the commission pushed for is a rapid build out. The franchise calls for a three year build out. The market place will then become the regulator of fees rather than the commission. Ms. Miller stated that there will be additional capitol payments coming in the short term. It will cost NDC4 more to provide local programming to two companies. Many cities are beginning to web cast their meetings in addition to cable casting. People could view them from the city web site. In the first few years, NDC4 will need the capitol funds, and it will be 2002 before the commission begins receiving franchise fees. It is very difficult to predict what the company gross revenues will be, so the commission will use other cities as a predictor of revenues. Mr. Grogan stated that in the 2000 budget, 25% of the franchise fees are returned to the cities. To the extent this process results in excess revenues in 2001, the new agreement requires that any excess goes back to the cities. The commission cannot retain anything above the budget that is approved by the cities. Councilmember Huber stated that the commission anticipates about $38,000 in revenues over expenditures for 2000. More expenses are budgeted in 2001 than in 2000, but less that what the commission anticipates the 2000 expenses will be. There are many expenses for Ayes:5 Nays: 0 TOWN CENTER MORATORIUM Ayes: 5 Nays: 0 r j Page No. 11 December 5, 2000 legal work in 2000 but that is because of what is going on and much of it will be reimbursed. Councilmember Huber recognized Mr. Mike Sokol for his service and skills as a citizen representative. Mayor Mertensotto commended Councilmember Huber and expressed Council's appreciation to him for all of his years of service on the cable commission. Councilmember Huber moved adoption of Ordinance No. 353, "AN ORDINANCE GRANTING A FRANCHISE TO EVEREST MINNESOTA, LLC (GRANTEE) TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS -OF -WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN," and approval of the form of summary for publication. Councilmember Schneeman seconded the motion. Council acknowledged the proposed NDC4 budget for 2001. Council acknowledged a memo from Interim Administrator Danielson regarding extension of the Town Center moratorium. Mayor Mertensotto stated that the existing moratorium will expire on December 21. He stated that as long as Council has not completed the planning process, Council has authority to extend the moratorium for six months. Council responded to questions from Mr. Sten Gerfast. Councilmember Krebsbach moved adoption of Resolution No. 00- 101, "A RESOLUTION EXTENDING A MORATORIUM ON PLANNING DEVELOPMENT AND BUILDING PERMIT APPLICATIONS FOR THE TOWN CENTER SITE." Councilmember Schneeman seconded the motion. Page No. 12 December 5, 2000 Council acknowledged a letter from Mr. Brian Birch regarding the sale of his land in the Town Center area to the city. Assistant Hollister stated that when he spoke to Mr. Birch he was not attempting to negotiate on behalf of the city. Mr. Birch came into City Hall and informed him that Mn/DOT had relinquished in the land over which he had underlying fee ownership. Mr. Birch pointed out that a piece of Freeway Road rests on his land. Mayor Mertensotto stated that there is a state statute that states that if city funds are expended for maintenance for six years, an easement for roadway purposes is acquired by the city. Assistant Hollister explained that the Freeway Road is actually a state road. Mayor Mertensotto stated that Council will have to establish a committee of two Councilmembers to hear what Mr. Birch has to say. Councilmember Dwyer pointed out that the city has retained Faegre and Benson for that purpose. Mayor Mertensotto responded that he is talking about setting up a committee to hear what Mr. Birch has to say. He felt that Council should extend the courtesy of sitting down and meeting with Mr. Birch. Mayor Mertensotto and Councilmember Dwyer were appointed to serve as the Council committee. TOWN CENTER WORKSHOP Council discussed dates for a Town Center workshop. Councilmember Huber moved to conduct a workshop on Town Center on December 14 at 7:30 p.m. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 FENCE ORDINANCE Council acknowledged a proposed ordinance to amend the fence provisions in the Zoning Ordinance. Councilmember Dwyer stated that the amendment addresses lots that are unique because they are through lots or corner lots. Ayes: 5 Nays: 0 ANTENNA ORDINANCE Ayes: 5 Nays: 0 Page No. 13 December 5, 2000 Mayor Mertensotto stated that the Planning Commission would like to treat fence height as a variance, but that he does not like the variance approach because variances run with a lot. He felt that applications under the proposed regulations should be processed as conditional use pen-nit. The conditional use process requires public hearings and Council can set the conditions for the pen-nit. If the conditions are violated, the permit is in jeopardy. Administrative Assistant Hollister pointed out that the variance fee is $50 whereas the fee for a conditional use permit is $350. Councilmember Dwyer responded that the Planning Commission can recommend waiver of part of the fee. Councilmember Schneeman moved adoption of Ordinance No. 355, "AN ORDINANCE AMENDING ORDINANCE NO. 40 1," with the provision that the final form be included for acknowledgment in the next Council agenda. Councilmember Dwyer seconded the motion. Council acknowledged a proposed amendment to the Zoning Ordinance regarding antennae on residential and commercial buildings. Councilmember Krebsbach asked what precipitated the proposed ordinance. Interim Administrator Danielson responded that the Planning Commission has been discussing the proposed ordinance for several meeting. Councilmember Dwyer pointed out that there is no definition section in the proposed ordinance and that the document needs additional work. Staff was directed to do further research. Councilmember Dwyer moved to table the matter to the December 19 meeting. Councilmember Schneeman seconded the motion. Page No. 14 December 5, 2000 COUNCIL COMMENTS Mayor Mertensotto noted that there are many intersections in the city were there area blind spots caused by untrimmed trees and landscaping. Councilmember Dwyer asked if the city has police powers that would allow the city to trim trees and bushes if they create a safety hazard. He asked the city attorney to research whether the city has authority to enter private property for trimming and whether Council must define a nuisance situation before the city can do trimming. Councilmember Krebsbach asked Police Chief Johnson to check the timing on the traffic signal at T.H. 13 and T.H. 110, pointing out that it is extremely difficult to make a left turn onto T.H. 110. Mayor Mertensotto stated that there have been two recent fatal accidents on the Mendota Bridge caused by drivers going the wrong way. He stated that Chief Johnson has brought concerns about the intersection to the attention of the Mn/DOT traffic engineer. ADJOURN There being no further business to come before Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:22 p.m. /*� � K thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor