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1998-11-03 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MCINNESOTA Minutes of the Regular Meeting Held Tuesday, November 3, 1998 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:00 o'clock p.m. The following members were present: Mayor Mertensotto, Councihmembers Dwyer, Huber, Krebsbach and Smith. AGENDA ADOPTION Councilmember Huber moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Dwyer moved approval of the minutes of the regular meeting held on October 20, 1998 as amended to change "Battaglia" to "Bataglia "; Page 3, Paragraph 2, change " Morthern" to "Northern "; Page No. 7 change "negligible" to "negligent "; Change Tom "Ketke" to "Kobpka "; Page 12, Paragraph 1, Sentence 1, change to read, "St. Paul Water Utility, Mendota Heights Public Works Department and the Mendota Heights Police Department. " Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Councilmember Krebsbach) CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, with the exception of Items "c" and "d", along with authorization for execution of any necessary documents contained herein. a. Acknowledgement of the October 27 Planning Commission Minutes Page No. 2 November 3, 1998 b. Acknowledgement of the Building Activity Report for October C. Approval of CAO, NO. 98-04: "Cornick - Critical Area Modified Site Plan - 1176 Sibley Memorial Highway" THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR d. Approval to Renew Conditional Use Permit for Portable Classrooms at Mendota Elementary School THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR e. Adoption of RESOLUTION NO. 98-81, "RESOLUTION APPOINTING Y2K COORDINATOR AND THE YEAR 2000 POLICY" f. Adoption of RESOLUTION NO. 98-82, "RESOLUTION FOR LAYOUT APPROVAL" (135 Bridge Design) 9. Authorization to Dispose of Firearms h. Acknowledge Receipt of Auction Proceeds i. Acknowledge Receipt of Attendance at IACP Conference j. Approval of the List of Contractors k. Approval of the List of Claims 1. Acknowledge Receipt of the Unapproved Minutes from the NDC4 September 2 Full Commission Meeting and the October 7 Executive Committee Meeting In. Acknowledge Receipt of Information Regarding the December 7, 1998 Truth-in-Taxation Hearing Councilmember Smith seconded the motion. Page No. 3 November 3, 1998 With respect to Item "h ", Councilmember Smith inquired of Chief Johnson whether the City receives a reasonable return as a result of the auction. Police Chief Johnson explained many of the bicycles auctioned were not in good condition and he felt this to be a reasonable return. Ayes: 5 Nays: 0 APPROVAL OF CAO NO. Councilmember Dwyer requested the removal of this item 98 -04: CORNICK - from the Consent Calendar for further discussion. He CRITICAL AREA pointed out the plans which were presented to the Planning MODIFIED SITE PLAN - Commission reflected a structure which would be 144 square 1176 SIELEY MEMORIAL feet, 12' by 12' in size, however, the building permit HIGHWAY reflects a 12' by 16' structure consisting of 192 square feet. In addition, he stated there is a question relative, to the location of the structure as presented to the Planning Commission. Mr. Cornick was in attendance and explained relative to the square footage, he did not realize he needed a permit to build the storage shed and had begun construction of the structure. He stated if he receives the permit he is seeking, he intends to building a 12' by 12' structure. With respect to the location of the structure, Mr. Cornick noted the sketches he received depicts the structure on the upper lot as opposed to the lower lot where it will be built. Councilmember Dwyer asked whether the structure will be pushed back on the same line as the home. Mr. Cornick confirmed the structure will be perpendicular to the house although from the plans it appears to be closer to the street. He indicated if the building can be placed back farther, it will be pushed back. Councilmember Krebsbach asked Mr. Cornick to submit a revised sketch and Mr. Cornick noted this has been done. Mayor Mertensotto noted the record should reflect Mr. Cornick is modifying his application to request approval of a 12' by 12' by 12' structure with a setback which is Ayes: 5 Nays: 0 Page No. 4 November 3, 1998 identical to that of the principal structure. Councilmember Dwyer moved approving the Modified Critical Area Site Plan allowing the construction of a 12' by 12' structure with a setback which is identical to that of the principal structure. Councilmember Huber seconded the motion. Councilmembers Huber and Smith requested this item be removed from the Consent Calendar for further discussion. Councilmember Huber noted the School District is requesting an additional five -year renewal and requested an update on the plans for the school. Councilmember Smith recalled her understanding of the approval which was granted in 1994 was to allow use of the portable classrooms until such time as the middle school had been completed. From the district's previous comments at the 1993 Conditional Use Permit extension, the district estimted they would use the facility for just a few more years. She pointed out the middle school has now been completed and the school should have sufficient space without the use of the portables. Councilmember Smith would also like to know what type of use is being made of the portables since they are not on the sprinkler system. Councilmember Smith requested this matter be tabled to allow for a representative from the School District to discuss this matter with the Council. None BROWN INSTITUTE Council acknowledged the memo of Civil Engineer Marc S. ID R A I N A G E Mogan relative to the bid results for the Brown Institute i IMPROVEMENT Drainage Improvement Project. Five bids were received for PROJECT (Job No. 9715) this project. Veit & Company, Inc., Rogers, Minnesota, submitted the low bid of $49,866.50. This bid was below 1 Page No. 5 November 3, 1998 Mr. Mogan's estimate of $56,000. Mr. Mogan noted the bid includes an add alternate to perform some remedial work to the City's storm water retention pond between Mendota Heights Road and Enterprise Drive adjacent to Pilot Knob Road. The slope on the north side of this retention pond has shifted and slid causing some sections of concrete modular block retaining wall to collapse. The add alternate bid item would remove, salvage and deliver fallen concrete modular retaining wall blocks to the City's Public Works Garage and then regrade the north slope of the retention pond. Councilmember Dwyer moved accepting the bids for completion of the Brown Institute Drainage Improvement Project (Job No. 9715) and awarding the contract to Veit & Company, Inc., of Rogers, MN, for their bid in the amount of $49,866.50, and approving the retention pond work contained in Add Alternate No. 1 at an estimated cost of $3,080.00. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 UNFINISHED AND BUSE"iESS CASE NO. 98 -34: Council acknowledged the memo of Administrative Assistant C L O S E M O R E - Patrick Hollister relative to the request of Jeff Closemore, WETLANDS PERMIT 1527 Vandall Street, for a wetlands permit for a home addition. Mr. Closemore was in attendance to discuss his request. Mayor Mertensotto inquired relative to the elevation of the structure compared to the high water mark. Mr. Closemore explained the high water mark on the pond is 890 feet and the structure will be at an elevation of 895 feet, which is five feet above the high water mark. Mr. Closemore explained he is requesting a 12' by 30' addition on the west side of the home toward the back of the Page No. 6 November 3, 1998 property. There will be an 8' by 28' deck on this addition. He noted the distance from the property line is 82.5' from the rear property line. The property line is then 100' from the wetland area. Since the improvements are greater than 100' from the wetland area, Councilmember Smith felt it would be appropriate to refund the fee in this case and Councilmember Huber noted his agreement. Councilmember Krebsbach asked why this matter was before the Council for a wetlands permit since it is 100' from the wetland area. Mr. Danielson stated the wetland maps indicate the house is located 98' from the wetland area. Mr. Closemore noted he is in agreement with the recommendations of the Planning Commission. Councilmember Smith moved adopting RESOLUTION NO. 98 -83, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A HOME ADDITION AT 1527 VANDALL STREET" and refunding the application fee. Councilmember Huber seconded the motion. Councilmember Smith noted she is recommending a refund of the application fee given the fact the addition falls within the area which would not require a wetlands permit. Ayes: 5 Nays: 0 CASE NOS. 98 -35, 36, 37: Council acknowledged the memo of Administrative Assistant C E L L N E T DATA Patrick Hollister relative to the request of Cellnet Data SERVICES (MSP), INC. - Services (MSP), Inc., for a Conditional Use Permit to place CONDITIONAL USE 41 Micro Cell Controllers on NSP utility poles throughout PERMIT the City to collect meter reading data. Diane Fauver, Attorney, Leonard, Street & Deinard, was in attendance along with Mike Radovich and Kevin Malloy of Cellnet Data Services to discuss this request. Councilmember Huber asked whether this service would Page No. 7 November 3, 1998 apply to both commercial and residential customers. Mr. Malloy explained residential meters will be retro - fitted with this technology at no cost to the residents. The commercial users will have various options available to them based on peak demand service or the timing of their energy use. Councilmember Smith inquired whether there is a benefit to residential users. Mr. Malloy explained one benefit will be outage detection which would be reported to the operations center. Councilmember Smith expressed concern relative to the potentially invasive nature of being able to determine at five minute intervals the electrical usage of an individual home. Mr. Malloy explained the data is secure information and will be used for billing purposes only. Councilmember Smith pointed out it would be necessary to obtain only one reading for purposes of monthly billing. Mr. Malloy explained information is obtained one time per day at midnight. Councilmember Smith noted the potential would still exist and Mr. Malloy confirmed this. Bill Mark, representative of NSP, was in attendance. Mr. Mark stated there is an advantage to residents in that there would be a higher percentage of accurate reads versus estimated reads. In addition, this equipment would eliminate the need for meter reading personnel on a property on a monthly basis. Councilmember Smith pointed out there are other technologies such as those used by the gas company. Mr. Mark stated this particular equipment eliminates the transposing of usage information and the use of personnel to obtain the information. Councilmember Krebsbach questioned whether the information which is obtained could be sold. Mr. Mark stated the information would be kept confidential and not shared. Councilmember Krebsbach asked what would prohibit the sale of the information. Mr. Mark explained it is company policy not to share the information other than for usage billing. Page No. 8 November 3, 1998 Mayor Mertensotto expressed concern many of the mounts will be in the public right -of -way. He did not feel this equipment would benefit residential property owners, however, it may benefit high usage commercial customers in that they may secure a more favorable rate using an off peak load. Mayor Mertensotto felt there should be compensation back to the City for the use of the public right -of -ways. He asked whether any other city in the metropolitan area has employed this technology in conjunction with a right -of -way ordinance. Mr. Mark stated this technology is being used by the entire metropolitan area west of the river. Some of these areas have required permit applications on a one time basis. Mayor Mertensotto stated he would require a Developer's Agreement. Mr. Radovich explained this is a technology which brings long term value to customers. They are able to obtain their meter reading through use of the internet. Councilmember Dwyer stated the Developer's Agreement should contain a provision the information which is gathered through this equipment is kept confidential. Councilmember Krebsbach asked to what extent an individual's activities in the home could be monitored. Mr. Radovich stated there is no intrusion. The information is polled once per month when NSP requests a meter reading. The data is transferred from CellNet to NSP and a bill is then generated. Councilmember Krebsbach inquired whether this technology could be used for purposes of rationing. Mr. Radovich stated this information will be used strictly for billing purposes. Mayor Mertensotto commented this technology could ultimately be used to charge increased rates for particular blocks of time. Mr. Mark stated this could be done, but this CASE NO. 9 MINNEAPOLIS, INC. CONDITIONAL PERMIT . AGREEMENT Page No. 9 November 3, 1998 is not the intent of NSP at this time. Councilmember Krebsbach stated the agreement should protect the privacy of the residents. Mr. Radovich stated this was included in the recommendations of the Planning Commission. Mayor Mertensotto referred this matter to Attorney Hart to draft a Developer's Agreement as well as to determine any limitations which may exist. He also asked that Attorney Hart review the Uniform Right -of -Way Ordinance to determine whether there has been some statutory permission which has been granted relative to these type of requests. Administrator Batchelder stated staff will notify the applicant the 60 -day time period will be extended to 120 days. Mr. Radovich stated this delay will cause implications on their contract with NSP, noting he has not run into these difficulties at any other city. Mayor Mertensotto suggested the applicants work with the City Attorney on this matter and return to the Council for further consideration. Council acknowledged memos from Administrative Assistant Patrick Hollister and Treasurer Lawrence Shaughnessy regarding the request of APT Minneapolis, Inc., for a Conditional Use Permit to place three banks of four antennae each on the municipal water tower on Lexington Avenue and to install accessory equipment outside of the tower. Mr. Steven P. Katkov, APT Minneapolis, Inc., was in attendance to discuss this matter. Mayor Mertensotto requested the lease agreement be submitted to the City Attorney to determine any changes which were made are in the best interests of the City. Councilmember Smith expressed concern relative to the additional capacity for antennae on the water tower and the use of ground space. She stated she would like to know the Page No. 10 November 3, 1998 full potential for the water tower in the event there is additional capacity for other users. Councilmember Smith stated she is unsure the location indicated is the appropriate area for the cabinet. Mr. Katkov explained the location of the cabinet has been moved at least three times and he requested Council make a decision on this issue. Councilmember Smith pointed out the newest lease will set the precedent and requested the City Attorney review the changes to the lease. With respect to the location of the cabinet, Mr. Katkov stated he would be willing to place the cabinet in any place the Council desires. Councilmember Smith stated she could not speak to the exact location at this time because if the water tower has additional capacity, the cabinet should be placed in such a way that other facilities could be accommodated. Councilmember Smith would like screening of the cabinets, not necessarily immediately adjacent to them, but in such a way that it would screen the area. Mr. Katkov stated he made an offer to the Planning Commission to look at a number of fencing options. Mayor Mertensotto questioned whether vandalism had been a problem and Mr. Katkov responded it has not. Councilmember Dwyer moved adopting RESOLUTION NO. 98 -84, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO PLACE THREE BANKS OF FOUR. ANTENNAE EACH ON THE MUNICIPAL WATER TOWER ON LEXINGTON AVENUE" subject to Council review of the lease agreement and independent approval of the equipment located on the ground. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 11 November 3, 1998 DISCUSS STOP SIGN Council acknowledged the memo from Public Works REQUEST Director Jim Danielson regarding a request from Mr. Andy Meltzer, 1015 Downing Street, to install a stop sign on Winston Court at the intersection with Downing Street. Police Chief Scott Johnson addressed this issue. He explained a legitimate goal in the placement of stop signs should be to control the flow of traffic in an effort to increase safety. Requiring vehicles to stop prior to entering Downing Street would be an appropriate use of a stop sign. Chief Johnson recommended the Council authorize placement of a stop sign for southbound traffic on Winston Court at Downing Street. Councilmember Krebsbach inquired whether the neighborhood is in agreement with the placement of a stop sign in this area. Chief Johnson stated Mr. Meltzer has discussed this matter with the neighborhood and they are in agreement. Councilmember Dwyer moved adopting ORDINANCE NO. 325, "AN ORDINANCE AMENDING ORDINANCE NO. 1113." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 (Councilmember Huber was not present in the room during consideration of this matter.) DISCUSS CONCRETE Council acknowledged the memo of Engineer Marc Mogan CURB AND GUTTER relative to the status of the concrete curb and gutter damage, DAMAGE RESOLUTION Bunker Hills Street Reconstruction Project. STATUS Mayor Mertensotto stated he would like to handle this matter through a committee. Mayor Mertensotto and Councilmember Krebsbach will serve on this committee along with staff. CONSIDER AND Council acknowledged the memo from City Administrator PROVIDE DIRECTION Kevin Batchelder regarding preliminary consideration of the FOR 1999 CDBG CDBG Grant Application. Page No. 12 November 3, 1998 ALLOCATION In the past, the City has used these funds for various programs such as housing rehabilitation loans and for assessment abatements for seniors impacted by public improvement projects. The rehabilitation loan program is a revolving loan program and monies from previous years are put back into the program. Mr. Batchelder noted the City has received two requests for possible uses of the 1999 CDBG allocation. First, a request was received from Mary's Shelter for assistance with their building renovation project in the amount of $5,000 to $7,000. Secondly, four residents who live in homes on Lemay Lake Road, south of Lakeview Drive, have requested that the City extend water services to their homes. While the City can provide these water connections, because the length of the private service to the homes from the City water main is a considerable distance, the cost for hook up is extraordinary for these homes. Assessment abatement for public improvements is an eligible expenditure in the CDBG program. It is available for low and moderate income households who qualify. Mayor Mertensotto felt the recommendation to use a portion of the funds to extend City water and sewer to the homes on Lemay. Lake Road to be an excellent suggestion. Mr. Batchelder stated staff continues to look into this situation on behalf of the individuals who have made this request of the City. At this point it has not been determined whether it would be more efficient to use long private water connections from existing City mains or if there should be a City main extension. If there were to be a City main extension which would be more efficient to serve these homes, this would be eligible for assessment abatement. Mr. Batchelder pointed out private water connections from the City main are not something which the City assesses and, therefore, would not be eligible as an assessment abatement. The homeowners may be eligible to apply for a loan under the Housing Rehabilitation Program. The details have not yet been explored fully with the Housing and COMPREHENSIVE CONSULTANT 1 SCHEDULE COURSE OF • FOR • l THE .. Page No. 13 November 3, 1998 Redevelopment Authority. Mayor Mertensotto stated he would like a better analysis from the Engineering Department relative to furnishing water to the homes on Lemay Lake Road. He noted it is a question of economics and long term maintenance. Councilmember Smith stated she supports supplying water to this area, however, she felt more research needs to be completed. Mr. Batchelder explained there are currently four housing redevelopment projects under way in the City with another application in process. Since 1994, nine housing redevelopment loan projects have been completed. Mr. Batchelder stated in the case of seniors who are eligible for this assistance, the repayment is sometimes deferred until the house is sold. Councilmember Smith felt this to be a very worthwhile service for the community. Mayor Mertensotto requested a provision be incorporated relative to assisting qualified homeowners with necessary repairs to their homes such as the replacement of windows. Council acknowledged the memo of Public Works Director Jim Danielson relative to the Comprehensive Plan consultant change. Councilmember Huber moved terminating the professional services contract of MFR for preparing the City's Comprehensive Plan and scheduling a workshop for Tuesday, November 10, 1998, at 7:00 p.m. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 REVIEW OF SUNFISH Council acknowledged the memo from City Administrator L A K E S Kevin Batchelder relative to a review of Sunfish Lake's COMPREHENSIVE PLAN Comprehensive Plan. Minnesota Statues require that each Page No. 14 November 3, 1998 community submitting an updated Comprehensive Plan to the Metropolitan Council submit their plan to adjacent governmental units for review and comment. Councilmember Smith felt the plan to be concise and well written. (Councilmember Dwyer left the meeting at 9:43 p.m.) Councilmember Smith moved to notify Metropolitan Council the City of Mendota Heights has no specific comments relative to the proposed Comprehensive Plan submitted by the City of Sunfish Lake. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 DISCUSS AMM'S 1999 Council acknowledged the memo from City Administrator P R O P O S E D Kevin Batchelder regarding the Association of Metropolitan LEGISLATIVE POLICY Municipalities Proposed Legislative Policy Program. The PROGRAM Association is hosting their annual policy adoption meeting on November 12, 1998, to consider the 1999 Proposed Legislative Policy Program. The AMM is asking that each member City Council review the policies for action at the annual policy adoption meeting. In addition, the AMM is asking that each city identify their top five priority topics chosen by the five standing policy committees that have worked this summer to draft the policy document. Mayor Mertensotto suggested tabling this matter to November 10, 1998, to allow time to consider this matter and select five policy issues the Council would like to stress as priority items. DISCUSS LMC'S DRAFT Council acknowledged the memo of City Administrator PROPOSED 1999 CITIES Kevin Batchelder relative to the LMC's 1999 Policy POLICIES Adoption Conference. The League of Minnesota Cities is hosting their annual policy adoption meeting on November 20, 1998, to consider their proposed 1999 Cities Policies. The LMC is asking that each member City Council review these policies for action at the annual policy adoption Page No. 15 November 3, 1998 meeting. In addition, the LMC is asking that each city identify their top five priority policies. Mayor Mertensotto suggested tabling this matter to November 10, 1998, to allow for sufficient time to review this policy and select the five priority policies. He stated if any councihnember desires to attend this conference, Mr. Batchelder would need to be notified. Councilmembers Krebsbach and Smith stated they will be attending the Association of Metropolitan Municipalities. COUNCIL. COMMENTS Mayor Mertensotto noted he has received complaints relative to students at Henry Sibley parking on Warrior Drive and making a U -turn and creating a hazard which has resulted in an accident in this area. He requested Chief Johnson address this issue through either signage or an educational process. Mayor Mertensotto reported one of the townhome owners at Victoria Highlands informed him that years back a complaint was made about the graffiti on the 35E overpass. The Highway Department then painted over the graffiti. There is graffiti in this area again, and this resident has asked this issue be addressed once again. Mayor Mertensotto directed the Engineering Department to contact the Highway Department on this issue. ADJOURN There being no further business to come before the Council, Councilmember Huber moved to adjourn the meeting to the Wednesday, November 4, 1998, Canvassing Board Meeting at 6:00 p.m. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:03 p.m. t Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor Page No. 16 November 3, 1998 Prepared by Cheryl Wallat, Recording Secretary TimeSaver Off -Site Secretarial, Inc.