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1998-04-21 Council minutesPage No. 1 April 21, 1998 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 21, 1998 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch and Smith. Councilmember Krebsbach had notified Council that she would be late. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to delete item e, acknowledgment of the NDCARC Collaborative Issues, from the agenda and to move item f, Delaware Avenue turn lane, to the regular agenda along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the April 14, 1998 Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for March. Acknowledgment of the Fire Department monthly report for March. d. Acknowledgment of receipt of the city's pro rata share of the Continental Cablevision fee payment for fiscal year 1997 in the amount of $8,816.76. e. Adoption of Resolution No. 98 -23, "A RESOLUTION APPROVING A PARTIAL VACATION OF EMERSON AVENUE," and Resolution No. 98 -24, "A RESOLUTION Page No. 2 April 21, 1998 APPROVING A 20 FOOT SETBACK VARIANCE TO A SIDE YARD ABUTTING A STREET FOR 1334 SYLVANDALE ROAD FOR A GARAGE ADDITION." f. Authorization to accept bids for the replacement of Truck 303, a 1987 single axle dump truck, for the Public Works Department. g. Acceptance of the premium refund option for Workers Compensation insurance renewal. h. Approval of the list of contractor licenses dated April 21, 1998 and attached hereto. i. Approval of the List of Claims dated April 21, 1998 and totaling212,697.46. j- )ftke bid of $295950 40M Efigeffffa Midwest an E -c - { 4 ti two pieBie shelters ire Fr-iondly N±J-1c; Pw4. (NOTE: Action rescinded by Council May 19, 1998). Councilmember Smith seconded the motion. Ayes:4 Nays: 0 DELAWARE TURN LANE Council acknowledged a memo from Public Works Director Danielson and a letter from Dakota County notifying the city that it is in the process of designing a turn lane for southbound traffic on Delaware Avenue at T.H. 110 and a separated trail on Delaware. Costs are to be funded jointly by Dakota County, West St. Paul and Mendota Heights. Councilmember Smith stated that she supports the project and that she feels it is an important safety improvement. She noted that the memo indicated that the West St. Paul staff were not sure if the West St. Paul Council would be willing to participate in the project since the improvements are on the Mendota Heights side of Delaware. She stated that she believes that whichever side of the road the improvements are on, the project benefits both cities and she was sorry to see that West St. Paul may decline to participate. Mr. Danielson responded that West St. Paul has not declined but that he has spoken to their engineer today and the matter will be before the West St. Paul Council at its next meeting. He stated that the Mendota Heights approval this evening would be for 22 '/2 percent of Page No. 3 April 21, 1998 the total cost and that he does not know what the County will do if West St. Paul declines. Councilmember Koch asked what the city's obligation is to participate in a study and whether Dakota County can make a unilateral decision on a turn -lane on Delaware Avenue. Mayor Mertensotto responded that Mendota Heights would certainly want to approve of the project because it is a safety issue. Councilmember Smith moved to approve the Delaware Avenue turn lane project as proposed, for a cost not to exceed 22 %z% of the project cost, and to authorize staff to request authorization for use of MSA funds. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 SPRING CLEAN -UP Administrative Assistant Hollister informed Council and the audience that the annual community -wide spring clean-up will be held on May 9. ARBOR MONTH Council acknowledged a memo from Assistant Hollister recommending that the month of May be proclaimed as Arbor Month. Councilmember Smith moved adoption of a "PROCLAMATION ACKNOWLEDGING THE MONTH OF MAY, 1998 AS ARBOR MONTH." Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 DRINKING WATER WEEK Council acknowledged a request from the St. Paul Board of Water Commissioners that the city declare May 3 -9, 1998 as Drinking Water Week. Councilmember Koch moved adoption of a "PROCLAMATION ACKNOWLEDGING THE WEEK OF MAY 3, 1998 AS DRINKING WATER WEEK." Councilmember Huber seconded the motion. Ayes: 4 Nays:0 PARKVIEW PLAZA Council acknowledged a memo from Assistant Hollister regarding Page No. 4 April 21, 1998 ASSOCIATION a request from the Parkview Plaza residents association that the city purchase equipment for use by the association. Several representatives of the association were present. Mr. Ralph Schrofer, president of the association, stated that the organization made a request in February for a grant or donation to purchase a public address system to help the association conduct its meetings and carry on its activities and a television and VCR. He stated that the L- shaped configuration of the meeting room at the Plaza is such that it is difficult to conduct meetings. The table has to be set at the front of the room and it is very difficult to hear what is being said, especially for those who have hearing problems. The association also felt it necessary to have a television and VCR He explained that the group currently meets once a month and has been conducting at least one social activity a month for participation by the residents of the building. He stated that there is cable in the building. Mayor Mertensotto asked about the anticipated cost of the TV and VCR. Mr. Schrofer responded about $200 to $300 for the TV and $250 to $300 for the VCR, and the PA system would be $250 to $300. Mayor Mertensotto stated that Council is not authorized to spend public money unless it is for the general health and welfare of the community. He stated that in this case, the members of the association are the people who live in the building. He was concerned about setting a precedent. He explained that the city donated $500 to the city's senior club to help them get established, but that every senior resident of Mendota Heights is eligible to join the club. A gentleman pointed out that the Mendota Heights Seniors Club also uses the meeting room for its meetings and thus would also be using the equipment. Responding to a question from Mayor Mertensotto about whether the group had contacted any other organizations or businesses for donations, Mr. Schrofer stated that they have not. Mrs. Schrofer stated that the city does not have a Lions Club or Kiwanis Club and did not know who else to ask. Page No. 5 April 21, 1998 Councilmember Huber felt that a portable public address would benefit the seniors club as well as the association. Mr. Schrofer showed Council a drawing of the room to show how difficult it is to conduct a meeting without use of a public address system. He informed Council that he has received estimates for $200 to $250 for a system that would consist of a 30 to 50 watt amplifier and two speakers. He stated that a public address system is necessary, but the TV and VCR are desirable. Responding to a question from Mayor Mertensotto, Administrator Batchelder stated that staff has not contacted the HRA.. He stated that the HRA manages the building and may be willing to assist in the cost. Councilmember Huber stated that the Park Commission has recommended that the city buy the equipment and maintain ownership and let others check it out. Mr. Schrofer responded that the association would be agreeable but the only contingency would be that at the Park Commission meeting, they were of the opinion that the equipment would remain at the Parkview Plaza. Mayor Mertensotto stated that in this case, the city would own the public address system and it would be on loan to the association, if the HRA will not purchase the equipment and if it would be acceptable under the HRA's management practices. He stated that the city would have to know that the system would be functional for the intended purpose. He also stated that perhaps the city can see if it can find someone to buy the VCR and TV. Councilmember Huber stated that occasionally individuals contact the city wanting to make donations, and perhaps those calls could be referred to the association. It was the consensus that the sound system is needed because of a deficiency in the design of the building. Council directed staff to contact the Dakota County HRA to determine whether the city can buy a system to be used in the community room, and once that approval is received, staff should contact audio firms to make a determination on what is necessary. With respect to a commitment on the TV or VCR, the city can assist in finding a donor. Page No. 6 April 21, 1998 MN/DOT PARCEL 218 Council acknowledged a memo from Public Works Director Danielson regarding additional information on easement documents, title insurance, cell tower rental rates, city possession date and appraisals for Mn/DOT Parcel 218. City Attorney Hart stated that the city has received a title insurance commitment and everything appears to be fine and the title is clear. He informed Council that he will do further review to determine whether the title covers all of the property. Mayor Mertensotto stated that the lease agreement between Mn/DOT and AT &T can terminate upon 90 days written notice. He further stated that he realizes there may be some concern about the price being based on the assessed valuation but that he feels the asking price is appropriate and money is available through TIF. He stated that as soon as the city and Mn/DOT exchange the money and deed, the city should start the 90 day notice running, and that the rental formula should be the same one used for antennae on the water tower. He also felt that the city should purchase the entire parcel. Attorney Hart stated that he believes Parcel 218 includes the non- contiguous parcel but that he will do further research. Councilmember Smith asked if there are any environmental concerns. Attorney Hart responded that he would always recommend prior to acceptance of the deed some environmental assessment of the property. He stated that at this time the city would not have liability for existing conditions but would have the burden of proof, so some environmental review would be appropriate. There was discussion over the availability of documentation on the Koch Refinery environmental clean-up. Councilmember Smith stated that she is concerned that the potential liability may cost more than the value of the land. Staff was directed to notify Mn/DOT that Council appears to be ready to make a final decision on May 5 and to further direct staff to contact Delta Environmental for information on the Koch Refinery property and to retain Delta to do a Phase I review if there is concern over the Mn/DOT parcel. WEST PAUL Council acknowledged a memo from Administrator Batchelder Page No. 7 April 21, 1998 COMMUNICATION CENTER relative to a request from the City of West St. Paul for consideration by Mendota Heights in a study to review and analyze the needs for the West St. Paul communications center. West St. Paul Captain Harvey Biron was present for the discussion. Mayor Mertensotto stated that the City of West St. Paul has already approved a $300,000 expenditure for expansion and upgrades to the center. He informed Captain Biron that Mendota Heights does not want to go into this blindly, pointing out that the city paid for a substantial amount of capital improvements 12 to 15 years ago. He asked what the anticipated overall cost of upgrading will be. Captain Biron responded that West St. Paul has hired a consultant who is very familiar with the existing system and has worked with Dakota County and Eagan. He stated that if Mendota Heights participates in the process of looking at needs, its share of the study cost will be $3,200. He explained that the total cost of upgrading will depend on what the needs are for each city. The consultant will look into the future of technology and whether West St. Paul will be ready for an 800 MHz system in the year 2000 or if it will be worthless. Councilmember Smith stated that she was not aware that Mendota Heights participated in capital expenditures before but thought that Mendota Heights paid a fee for services. She asked whether the city shares in capital costs and still pays a fee. Captain Biron responded that the cost of the service is based on a per capita cost split and because the system is based in West St. Paul, that city bears the brunt of the cost. He stated that what West St. Paul is looking for is a commitment for participation by South St. Paul and Mendota Heights if the three cities who use the system decide as a group that they wish to go into computer aided dispatching and the cost goes beyond $200,000. Responding to a question from Councilmember Smith, Captain Biron stated that the only cost commitment he is looking for today is for the pro rata share of the cost of the study. Mayor Mertensotto stated that if Council authorizes participation, it will be committing up to $3,200 and no more, and all of the city's options will be left open. Councilmember Huber stated that hopefully Mendota Heights will have input into the study's range of options to come up with a total Page No. 8 April 21, 1998 solution. He asked Captain Biron to be sure to submit a copy of the preliminary report to Mendota Heights when it is completed. Captain Biron responded that the process has already started — he has letters from the Mendota Heights Police and Fire Chiefs which will inform the consultant what issues to address. The consultant wants to meet with each city and each department to determine their needs. Mayor Mertensotto stated that Council must also be kept informed during the process because Council must ultimately determine to what extent the city will be willing to participate. Councilmember Huber moved to approve an expenditure of $3,200 for participation in the proposed communications center study with the conditions that have been communicated during Council's discussions. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 GARAGE MORATORIUM Council acknowledged a memo from Administrator Batchelder relative to consideration of imposing a moratorium on construction of attached garages exceeding 1,000 square feet. Mr. Fred Kueppers, representing Mr. Richard Rabanus, was present for the discussion. Mr. Kueppers asked if it is Council's belief that if they adopt a moratorium tonight, they will effectively preclude issuance of a building permit to Mr. Rabanus and to which he is entitled at the moment. He stated that Mr. Rabanus' plan conforms to the city Zoning Ordinance and building code. Attorney Hart stated that he believes it is within Council's power to adopt a moratorium pending the study of the necessity for a change in a code that could affect any pending building permit situation. He stated that Minnesota Statutes are clear that establishing moratoriums is within the power of the City Council and that he can see no reason Council could not take the position that the moratorium affects building permit applications. He explained that rights are granted at the time permits are granted, not at the time applications are filed. Mr. Kueppers stated that he would hope Council would give some thought to the situation before Council. He stated that he has a sense that this action on short notice is designed particularly because of the Rabanus situation and he is concerned for Mr. Rabanus and other Page No. 9 April 21, 1998 residents of the city that there is an element of unfairness. He stated that the building permit application conforms in all concerns with the codes. He asked if it would be fair to Mr. Rabanus and others where people move along with applications and then have to worry that if Council does not like the plans they will institute a moratorium. He stated that he hopes that if Council approves a moratorium they will style it in such a fashion that the Rabanus building permit, in the state it is in and ready to go, would be allowed. Mayor Mertensotto responded that the history is that the Council has always been concerned about the size of garages in single family districts. He stated that the city has made a number of changes in the ordinance relating to garage sizes and while there are homes with three car garages, there are very few attached garages that exceed 1,000 square feet. He stated that Mendota Heights is one of the few communities that requires a minimum of 15,000 square feet of lot size because the city is trying to maintain adequate space in all residential areas so that structures are not crowded together. The history of Mendota Heights has always been that Council is vitally concerned about the location and size of residential structures and how they fit on a lot. The policy has been not more than three -car garages. He stated that most of the concerns have been over detached garages because 1,000 square feet gets into a storage space that is not common for a residential structure. He further stated that Council has not seen the plans for Mr. Rabanus structure, but understands that it is much larger than 1,000 square feet. He informed Mr. Kueppers that a Zoning Ordinance amendment cannot go to the Planning Commission for hearing before the end of May, and if a moratorium is adopted it will be for an interim period. Counciimember Smith stated that several weeks ago Council approved a recodification of the city's ordinances and a question was asked about areas that need revisions. She further stated that Council is very concerned about the size of garages and one of the areas that was identified as needing to be addressed in the recodification process is the size of garages. Mr. Kueppers responded that it does not serve his purposes at all to get into what the limit of the garage size ultimately might be and that nothing has been said or done to affect a change in the ordinance until the Rabanus permit application came before the building official and he was asked to approve something that conforms to the ordinance. He stated that it would be unfair for Council to now say they are going to stop garages now when Mr. Rabanus has his plans in. Page No. 10 April 21, 1998 Councilmember Huber stated that when one thinks of an exceptionally large garage, the first thing that comes to mind is a situation where there are numerous garage doors and in a worse case situation, where those doors are across the front of the house. He stated that he. is lead to believe that a large part of the Rabanus garage is front to back so that from looking at it from the front one would think it was a standard garage. He further stated that what is not clear to him is how the structure looks from the side — how long the expanse is portrayed on the side of the house. He stated that if it looks like a normal garage when he looks at it, that may have an impact on his consideration. Mr. Rabanus briefly reviewed his plans. Councihnember Smith stated that one of Council's concerns is that when there are extensive garage type areas, there could be the intent by a future owner to use the area for a home occupation that would not be appropriate for a residential area. She pointed out that people tend to use space to its maximum benefit. She stated that Mr. Rabanus would essentially be creating a situation that would encourage violating the existing ordinances by others who might succeed Mr. Rabanus. She informed Mr. Rabanus and Mr. Kueppers that what Council is considering as an ordinance amendment is doing garage sizes in stages — an entitlement up to a certain size and beyond that, between the entitlement and an absolute maximum, there would be a requirement for a conditional use permit. Then if someone has a special need, the city can accommodate them and yet Council can place conditions on the excess space to preclude activities that Council considers to be inappropriate in a residential area. She stated that Mr. Rabanus has an activity that is very important to him and needs the space for it. Mr. Kueppers suggested that perhaps Council's concern over the possible future use of the Rabanus structure could be eliminated by placing a restrictive covenant or conditional use on the structure. He rearmed his request that Council not take action that would preclude approval of an application that Mr. Rabanus has filed with the city and which conforms to the building code and which has been approved by the building inspector. Councilmember Smith responded that the most she could offer tonight is the willingness to consider not including the Rabanus application depending upon discussion on conditional use limitations. Page No. 11 April 21, 1998 Mayor Mertensotto questioned whether a single family residential structure with a 2,100 square foot garage as part of the structure is still a single family residential building. He stated that in his judgment it is not — it is not the norm and it is uncharacteristic of residential structures in the city to have 2,100 square feet garages, and if it is good enough for Mr. Rabanus, it is good enough for everyone else. He stated that Council understands that Mr. Rabanus wants to repair classic cars and needs the area to store and repair them, but if it were approved, there would certainly be other individuals who would ask for a 2,300 square foot structure. Mr. Kueppers stated that he is not before Council to ask for a variance or to set a precedent but is looking at a fact situation wherein the Rabanus' have submitted to the building inspector without any variances or any reason to come before Council, a plan that conforms to existing ordinances and codes. Mayor Mertensotto asked whether that should be the standard for the City of Mendota Heights — if it is good enough for Mr. Rabanus it is good enough for everyone else. Mr. Kueppers responded that he is only talking about the present owners — the plan conforms, and it is unjust for the city, on one day's notice, to impose a moratorium. He stated that Council may set a standard after public hearing on an ordinance amendment that is more in keeping with Council's thinking, but that he is only talking about the present ordinance to which the plan conforms. Mayor Mertensotto responded that Council represents all of the property owners in the city and it is unfair for Mr. Kueppers to say that a 2,100 square foot garage attached to a single family house is the standard for Mendota Heights, and if it is satisfactory for Mr. Rabanus it should be satisfactory for others. Mr. Rabanus stated that the plan has been redrawn and the garage is not 2,100 square feet. Administrator Batchelder stated that the original plan submitted on April 8 showed garage area of 2,225 square feet and that was revised on April 17 to now be proposed at 1,950 square feet. Councilmember Huber asked Mr. Kueppers if Council says to Mr. Rabanus tonight that he will be excluded from the moratorium, what Page No. 12 April 21, 1998 leverage Council would have to come to agreement with Mr. Rabanus on some sort of agreement on what the conditions of a conditional use permit would be. Mr. Kueppers responded that he and Council would need to talk right now about what conditions Council would like to see. Councilmember Smith suggested that if Council decides to impose a moratorium tonight it could leave the question of whether the Rabanus application is included open, if Council can do that, and see if an agreement can be reached over the next two weeks and then place it on the next agenda. City Attorney Hart stated that in his view, Council has the discretion to determine that the Rabanus application will be exempted from the moratorium. They also have the discretion to say that since a permit has not been, issued, the Rabanus application is included in the moratorium. He noted that Council does have a pending application and if Council is to reserve the question of whether they are exempted from the moratorium or included within the moratorium, the city would need an unconditional assent from the Rabanus' tonight to deferring the question for two weeks and to suspending action on the building permit pending an additional Council consideration in two weeks, with the understanding that there would be no guarantees. Mr. Kueppers stated that his clients would consent to a plan of that type. Attorney Hart stated that the consent would mean that Mr. & Mrs. Rabanus would agree that Council need not determine tonight whether the application is either included within the moratorium or exempt from the moratorium and that Council would spend the next two weeks trying to determine whether some alternative via conditional use permit or restrictive covenant could protect the city's interest and at the same time to allow the Rabanus application to move forward independent of the moratorium. The Rabanus' would waive any claim that the city has, by delaying action on the building permit, in effect granted it. He stated that in his opinion, because Council has the discretion to do either, it is not inappropriate for the city to say that the facts of the application will determine whether they are included in the moratorium or not and to try to gain a greater understanding of the facts of the application and how the city's interest may be served does not strike him as being inappropriate at all. He further stated that he would rather suspend Page No. 13 April 21, 1998 action pending a determination of what the application is, what the dimensions are, what the facts are and how the city can control future uses. Councilmember Koch felt that it would be unfair to include the Rabanus application in the moratorium since the permit was submitted before the moratorium was considered. Mayor Mertensotto stated that he disagrees and that he feels it is very appropriate to set the moratorium. He stated that Council is saying that the Rabanus' do not need to go before the Planning Commission through the conditional use permit process and that Council will negotiate directly with them. Council is saying that they can come back within the 90 day moratorium and Council can make a ruling on the facts of the application that the permit will be excluded from the moratorium and a permit can be issued based on conditions which will be recorded on the property record. Mr. Kueppers stated that in the next two weeks he and his clients will meet with city representatives. He further stated that what he understands is that Council will seriously consider allowing the project to go forward if reasonable restrictions and controls can be placed on the ultimate use of the structure. Mayor Mertensotto stated that he does not agree — that under that circumstance Mr. Kueppers would be under control. Councilmember Smith stated that she would be willing to do is to promise to discuss this issue in good faith to accommodate the general plans of Mr. & Mrs. Rabanus. She stated that one of the reasons for going through the conditional use permit process is to look at the setting and appropriateness of the plans and determine use. She stated that Council has not had a chance to look at the plans to determine appropriateness, etc. Mr. Kueppers stated that he understands that Council would like to work something out to meet the needs of Mr. Rabanus if it does not affect the city in the long term. Councilmember Krebsbach arrived at 9:25 p.m. Mr. Kueppers stated that working with Council does not mean that his clients will waive any legal position they may have vis -a -vis the moratorium and the building permit application. Page No. 14 April 21, 1998 Attorney Hart responded that what Council is asking the Rabanus' to waive is the right to argue that the building permit has been granted by virtue of the city's failure to deny it or the city's failure to affirmatively include the application in the moratorium and that by virtue of the delay Mr. Rabanus' rights have not been enhanced. Mr. Kueppers agreed to the term "by virtue of delay." Councilmember Koch stated that supposedly the city already has rules in place that will control the use of the structure. Mayor Mertensotto responded that Council is talking about equitable estopel as it applies to zoning matters. He further stated that if the conditions of a conditional use permit are violated the use becomes a non - conforming structure. Mr. Kueppers agreed that conditional use is a good control and that he is agreeable to working with the Council. Mayor Mertensotto stated that Council should act to impose a moratorium for 90 days; staff should process an ordinance amendment through the Planning Commission; the Rabanus application should be exempted from going through the Planning Commission and instead come directly to Council; and that Council will determine whether the Rabanus application is subject to the moratorium or if the moratorium will be waived if certain conditions are met and a conditional use permit is issued. Councilmember Smith moved adoption of Resolution No. 98- 24A, "A RESOLUTION ADOPTING A MORATORIUM ON SINGLE FAMILY BUILDING PERMITS WITH ATTACHED GARAGES LARGER THAN 1,000 SQUARE FEET," for a 90 day period, subject to the conditions just stated by Mayor Mertensotto with respect to the Rabanus application. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 1 Koch CASE NO. 98 -09, U.S. WEST Council acknowledged a memo from Assistant Hollister relative to continued discussion on an application from U.S. West Wireless for a conditional use permit to allow PCS antenna to be installed on Henry Sibley High School. Ms. Julie Townshend, of US West Wireless was present for the discussion. Council also acknowledged a letter from the school district indicating that it is not opposed to the flush mounting of antennae on the fagade of the school. Page No. 15 April 21, 1998 Mayor Mertensotto stated that the school board has made it clear to the city that they will not allow any more antennae after this application. He further stated that Council understands that the antennae will be flush mounted and painted to match the color of the building. He stated that US West can proceed with making application for a building permit and that Council will direct staff to prepare a revised resolution for consideration on May 5 with respect to approval of the conditional use permit. Administrator Batchelder clarified that the letter from the school district stated that it is not at this time interested in any additional antennae, but that does not preclude the district from approving additional antennae in the future. ADJOURN There being no further business to come before Council, Councilmember Smith moved to adjourn the meeting to closed session for discussion on labor negotiations. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 ATTEST: JI' Charles E. Mertensotto Mayor TIME OF ADJOURNMENT: 9:45 p.m. K thleen M. Swanson City Clerk