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1997-11-04 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF M[INVESOTA Minutes of the Regular Meeting Held Tuesday, November 4, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:50 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:50 o'clock p.m., and explained that the meeting is beginning late due to the closed labor negotiation session immediately prior to the regular Council meeting. The following members were present: Mayor Mertensotto; Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the October 21, 1997 regular meeting as amended. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR The Council acknowledged receipt of a resignation letter, item No. q., from Ms. Shirley Shannon, Accountant who has worked for the City for 17 years. She plans to retire December 31, 1997. Mayor Mertensotto commended her dedication and service to the City. Councilmember Smith moved approval of the consent calendar for the meeting, as revised, with item i. stricken (Amendment to Gun Club Lake Watershed Management Organization Joint Powers Agreement), and items d. (American Heritage Rivers Initiative) and k. (Manna Freight "No Parking" Request) moved to the regular agenda, along with authorization for execution of any necessary documents contained therein: Page No. 2 Novemrnlbeir 14 n999 a. Acknowledgement of the October 28 Planning Commission Minutes. b. Acknowledgement of the Building Activity Report for October. c. Acknowledge Receipt of Request to Withdraw Permission for a pet Shop at Mendota Plaza. e. Acknowledgment of the October 14 Comprehensive Plan Workshop Minutes. f. Acknowledge Receipt of Information Regarding Annual Insurance Premium. g. Adoption of Resolution No. 97 -76, CALLING FOR SALE OF IMPROVEMENT BONDS ON DECEMBER 2, 1997. h. Adoption of Resolution No. 97 -77, CALLING FOR BIDS ON THE PURCHASE OF $380,000 EQUIPMENT CERTIFICATE OF 1997. j. Approval of Police Liaison Agreement with Independent School District No. 197 and the Cities of Eagan, Mendota Heights and West St. Paul. 1. Acknowledge Receipt of a Letter from St. Thomas Academy Regarding Evaluation and Accreditation Process. m. Acknowledge Receipt of League of Minnesota Cities Membership and Dues Payment. n. Approval of the List of Contractors. o. Approval of the List of Claims dated November 4, 1997 and totaling $459,501.34. p. Acknowledge Receipt of Information Regarding the Disposal of Surplus City Equipment - City Hall Mower and Sno- Thrower. q. Acknowledge and Accept Employee Retirement Request and Authorization to begin the Recruitment Process (Accountant Position). Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Council acknowledged receipt of a letter from the Metropolitan Council requesting cities bordering on the Mississippi River who are participating in the MNRRA program to support participation in the new federal American Heritage Rivers Initiative by adopting the attached resolution. Councilmember Smith questioned the significance of Mendota Heights shoreline on the Mississippi River for this purpose. She asked if only the Mississippi River is included in the designation. Mr. Hollister indicated the portions of the City that border on the Mississippi River on a map. A portion of the Minnesota River is also included in the Pa 9c Igo. 3 Noveim be)r 4, 11997 American Heritage River designation. The Clinton Administration has started a 1 new initiative, and the American Heritage River designation may bring federal grant funding for projects in the MNNRA Corridor. The deadline for submitting a resolution to the Metropolitan Council is November 12, 1997. Councilmember Smith moved to adopt Resolution 97 -75: A RESOLUTION OF SUPPORT FROM THE CITY OF MENDOTA HEIGHTS FOR THE DESIGNATION OF THE MISSISSIPPI RIVER AS AN AMERICAN HERITAGE RIVER. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 ORDINANCE NO. 318 Ayes: 5 Nays: 0 Council acknowledged receipt of a letter from Manna Freight Systems, Inc. requesting "No Parking" be posted on the north side of Enterprise Drive for a six - month period to deter semi - trucks from parking at that location. Councilmember Smith asked if semi - trucks are loading or staging during the time they are parked on Enterprise Drive. Mr. Danielson explained that after loading, a number of semi -truck drivers park and sleep before continuing on their way. The trucks are causing sight distance problems on the road. Councilmember Smith stated that the City goes to great lengths to assure sufficient off - street parking. Truck loading and staging are legitimate functions, but using City streets as a truck rest stop is not appropriate. She asked if regulatory measures could be taken without prohibiting parking. Mayor Mertensotto suggested posting "No Parking" signs on a temporary basis to give the Council time to re- evaluate what happens and how interests of local property owners are affected. Councilmember Smith moved to authorize posting "No Parking" signs on a temporary basis for 60 days, beginning November 12, 1997, from the Manna Freight driveway and extending 300 feet west; and to instruct the Police Department to only issue warnings rather than traffic citations during this time period. Councilmember Huber seconded the motion. Councilmember Smith requested that Manna Freight be notified of this action. PUBLIC COMMENTS Ayes: 5 Nays: 0 1997 AUDIT Page NO.4 November 4, 1997 Council acknowledged receipt of a petition from the school board for the City to construct an activity center, including an ice arena for hockey, at Sibley High School. City Administrator Batchelder stated that his response to the school board was that the Council has not discussed this matter. Costs have not been estimated, but the school board has incurred architect fees of $25,000 to look at the feasibility of the project. Councilmember Huber moved to direct staff to make an inquiry of the school board regarding estimated costs and the referendum process and to indicate that more public discussion is needed on the issue., Councilmember Koch seconded the motion. Council acknowledged receipt of the 1997 audit of the City from PKMG. Mr. Steve Laible, a Partner at PKMG, reported that the City's audit was submitted to the State Auditor as required by statute. It is required that all cities have a review of their financial activities to comply with the Minnesota Legal Compliance Guide for Local Government. The five areas of review include: 1) contracting and bidding; 2) deposits and investment; 3) conflicts of interest; 4) public indebtedness; and 5) disbursements. He highlighted the following items in the report: The independent opinion of the auditor concludes that the financial statement of the City is presented fairly and in accordance with general accounting principles. 2. No exceptions in any of the above five categories tested were found to report. 3. The balance sheet shows the City to be in a strong financial position. He noted that while the City's total assets decreased slightly from $49 million to $48 million, the City's liabilities and equity also decreased. The main reason for this change is the reduction in long term debt by almost $1.6 million. In addition to being in a strong financial position, the City has earmarked funds for specific future purposes. The ability to set up designated funds indicates financial health and strength. These fund designations include: 1) working capital set aside for Page No. y Novembe'r 4, It997 any interim should the normal revenue stream stop; 2) park acquisition and improvements; 3) future debt service; 4) future capital projects. 4. The combined statement of revenue and expenditures shows an excess in the operating account of the general fund of $290,000. 5. The City has three enterprise funds: a) sewer utility; b) storm utility and c) engineering fund. The sewer fund shows a slight decrease in the amount of $23,400. The storm water utility shows an increase of $52,000. When expenditures are not close to the increase in rate, the fund balance goes up. As expenses catch up to funding, the balance goes down. Over time, these funds are being managed effectively. The engineering fund has a positive balance but is more volatile, as it depends on the amount of building activity occurring in the City. 6. The internal services fund is the City Hall sinking fund which is money set aside for the City Hall facility. Each department is accountable for space and use of the facility in the budget, so that future repairs or replacements will be funded. Mayor Mertensotto noted the problems in the City of Cambridge and emphasized the accountability of fund management in Mendota Heights. The positive audit report shows that accountability is an ongoing process throughout the year. CASE NO. 97-37 LCS The Council acknowledged receipt of the application from LCS Corporation for a 30 -foot front yard setback.variance for building and parking_ expansion. Administrative Assistant Hollister reported that the Planning Commission was divided on this proposal and voted 4 to 3 to deny the request because a 30 -foot variance is significant and would set a precedent in the industrial park. However, it was noted that the property is unique in that it is surrounded on all four sides by road right -of -way. Mr. Tim Stefan stated that if this project were approved, he would be the construction contractor and is representing the applicant who could not attend this meeting. Mayor Mertensotto asked what other options there would be for the company if the variance were not approved. Mr. Stefan responded that the purpose of the expansion is to provide space for large equipment that will be placed in the building. It would be possible for expansion to the south, but the existing machine shop would have to be displaced Page No. 6 NOvem beer 4,11997 which would be difficult, and a variance would still be required. With road right - of -way on three sides of the property, each of those sides is considered a front yard and subject to the deeper setback requirement. Mayor Mertensotto noted that the company has been on its present site for over 30 years. No one could have predicted its growth or the fact that Highway 13 would be realigned from the west to east side, which created this long, narrow, pie- shaped piece of property. He asked the height of the new building. Mr. Stefan answered that it will be 17 to 19 feet in height, which is 1.5 feet higher than the existing building. Mayor Mertensotto stated that the addition is of significant size for the size of the property. He noted the Planning Commission's concern about the loss of trees and need for mitigating landscaping to accommodate this plan. Mr. Stefan stated that the application was submitted to find out if the variance would be granted. The company has yet to submit detailed plans that comply with the code regarding landscaping, screening, total footprint and percentage of lot coverage. The parking area will be based on the number of employees, but the plan will also show proof of parking so that if the building were to be sold, there is sufficient parking for the size of the building. The owner has indicated that if expansion cannot take place on this site, he will have to move. Councilmember Smith noted that the first building is not in compliance with the 40 -foot setback because the highway right -of -way line changed. Councilmember Krebsbach stated that she is inclined to support the Planning Commission but would be willing to postpone a decision to give the applicant time to present more information. Councilmember Huber stated that he would like to support the application but would like to know what the overall site will look like before voting. Mayor Mertensotto recognized the amount of work and effort that the company would need to commit to present a complete application. He stated, however, that the Council must be cautious about granting a variance for a nonconforming use. He encouraged the applicant to meet with staff and Councilmembers to discuss how the expansion can be accommodated on this property. The consensus of the Council was to table this matter until more information can be received regarding the overall appearance of the plan and landscaping to substantiate expansion to a nonconforming structure and a large setback variance for the size of addition in relation to the size of the property. Page No. ,y Noveuaiilbeir 4, 11997 Councilmember Huber noted that the application must be reviewed within 60 days. City Administrator Batchelder stated that the applicant will be notified and a request for an extension on the application, as the Council decided to continue the matter. STREET LIGHT REQUEST Council acknowledged receipt of a request from Ms. Cheryl Clements Hanzal for the installation of street lights along Mendota Heights Road and Huber Drive. Mayor Mertensotto noted that Mendota Heights Road is an MSA street, and street lights could be installed with MSA funding. Councilmember Smith expressed appreciation for the request but noted that the coming and going of school children is during daylight hours. Children walking or biking at night should understand how to cross intersections and use proper reflectors. Street lights will impact the surrounding neighborhood and she would like input from neighbors before determining the best course of action. Councilmember Krebsbach stated that the capacity for traffic on Mendota Heights Road is high, and the corner of Mendota Heights Road and Huber Drive is dangerous. If children are walking in the dark, there is no separate trail for their protection. She would like to see this specific request addressed apart from the larger issue of street lighting in general. Councilmember Koch stated that she does not wish to negate the concern expressed in Ms. Hanzel's letter but believes street lighting should be considered as an overall issue. There are other intersections with similar problems, and safety should be addressed as a whole. It was the consensus of the Council to report this issue in the Heights Hilites newsletter and request neighborhood residents to submit their response to street lighting in order for the Council to determine the extent of the issue and what action may be appropriate. The Police Department will also notify all schools to help alert children to the proper procedures for biking and walking at night and in the early morning. ORDINANCE NO. 319 Council acknowledged receipt of a letter from the Metropolitan Council Transit Operation (MCTO) to establish a "No Parking" zone on and near South Plaza Drive for bus use. At the last Council meeting, the Council postponed Page No. 8 Novemrnlbe'r 4, 11997 consideration of the matter to find out if parking space is needed in the area for overflow parking at the Parkview Senior Center. Mayor Mertensotto reported that the Senior Center has indicated that they have more than ample parking. Councilmember Smith expressed concern that the road is not designed for extensive bus use. MTCO has not only requested "No Parking" in the cul -de -sac but reduced parking on both sides of South Plaza Drive during bus operation hours. In response to the letter from MCTO, she observed that the city has a right to adequate bus service from the Metropolitan Council since the city pays almost $.5 million for the limited services received. Her main concern, however is if bus service increases, whether it can be accommodated at this location. The cul -de- sac was not designed for this use. Councilmember Krebsbach noted that the time frame requested by MCTO will conflict with parking needs of daycare parents. Councilmember Huber stated that with the construction of the Senior Center, bus service was expected. He believes the bus service is good promotion for the Plaza. Mayor Mertensotto stated that MCTO has indicated that there will be no remuneration toward road repair. The increased weight and traffic in the Plaza would accelerate wear and tear on the roads. He noted that the Dakota Bank will be moving and suggested continuing the matter for further monitoring. POLICE CHIEF PROFILE Council reviewed the draft position profile for Police Chief. City Administrator Batchelder stated that upon authorization from the Council, a condensed version of the profile will immediately be placed as an ad in the Star Tribune and St. Paul Pioneer Press. The ad will also be sent to the League of Minnesota Cities. Councilmembers requested revisions regarding education requirements, training and salary range. Councilmember Huber felt the ad should be revised as directed and published as soon as possible to avoid delay. However, due to the fact that the Police Chief is one of the highest profile positions in the City, it was the consensus of the Council to review the ad revisions at the next Council meeting before publishing it. Page No. 9 NovernnnbeIr 4, JL997 LEAGUE OF MINNESOTA CITIES /1998 POLICIES Council acknowledged receipt of the draft Proposed 1998 Cities Policies from the League of Minnesota Cities (LMC). Councilmember Krebsbach commended the LMC for a well - written document with many points that will strengthen local government, which is important because that is where people connect with government. She appreciated the proposals to aid redevelopment. She concurred with plats not being reviewed by the County because once government is too far removed from the local situation, a sense of community is lost. She stated that she would not support the gas tax increase but would support ISTEA grant funding. Mayor Mertensotto explained that with levy limits, the gas tax increase is to make it easier for the County to acquire additional right -of -way for road extensions. City Administrator Batchelder added that while the County has that right in Dakota County, that authority is being sought in all counties. The City's concern with this policy is that the county will wish to review proposed plats and limit long range planning. Mayor Mertensotto noted there was no reference to fiscal disparities, which he would like to see ended. City Administrator Batchelder explained that the reason fiscal disparities is not included in the policy statements is because that law only applies in the seven - county metropolitan area. Approximately 100 cities benefit from that redistricting formula and 35 cities end up as net contributors including Mendota Heights. The cities that benefit constantly out -vote the cities that contribute. That issue has not been addressed because of the disagreement among members. Every year the size of the pool grows larger with development added to that pool. What is unfair is that the formula for fiscal disparities is based on the year the program was started, in 1971. Forty percent of any development built after 1971 goes into the fiscal disparities pool. Councilmember Krebsbach noted that there is no standard for the benefiting cities to move into the level of contributor like the other 3 5. Mayor Mertensotto stated that the City is losing approximately $2 million per year because of taxes going into the fiscal disparities pool. Also, many municipalities receive more Local Government Aid (LGA) per capita than Mendota Heights levies for its entire budget. lP'a ge 'No. no Nove1m be'r 4, n997 municipalities receive more Local Government Aid (LGA) per capita than Mendota Heights levies for its entire budget. Councilmember Smith referred to page 44 and asked how SD8 (unfunded mandates) affects City costs for enforcing state and local laws. Councilmember Koch requested information on the LMC's position on affordable housing. It was the consensus of the Council to direct staff to respond to respond to the LMC based on the above discussion, specifically asking about the following: 1) repeal levy limits; 2) support redevelopment in developed communities; 3) fiscal disparities; 4) unfimded mandates; 5) affordable housing. COUNCIL COMMENTS Councilmember Smith reported receiving numerous communications regarding Bunker Hills. She thanked residents for their comments. Mayor Mertensotto noted that the people at the first public meeting regarding Bunker Hills roads were positive about the project. The group that came to the second public meeting was more negative. He believes most residents are concerned about the longevity of the improvement. Councilmember Krebsbach expressed her appreciation of the consideration to the City by the Metropolitan Airport Commission (MAC) which has agreed to restrict Stage II aircraft flights after 10:30 p.m. Councilmember Krebsbach complimented and thanked SuperAmerica on the community scale gas station that was recently opened at Lexington and T.H. 110. Councilmember Huber stated that the lights of the Amoco station in Lilydale are very bright. He asked staff to contact Lilydale to ask that the lights be changed. Mayor Mertensotto requested City participation with the County in a meeting with the Mn /DOT about plans to build a new bridge. He cannot conceive planning a new bridge and then tearing the other one down and leaving the piers there. A daily sample shows that there are 72,000 cars per day crossing the I -35E bridge. City Administrator Batchelder noted an invitation to the Council from NSP to tour the Rogers Lake substation. It was the consensus of the Council to indicate interest in such a tour next spring. page No. tut 'Novemmb etr y4, 11997 City Administrator Batchelder reported that the resolution sent to the l Metropolitan Council regarding Hoffinan Homes (or livable communities) has received some attention. A meeting, which an airport staff person will attend, is scheduled to provide background on the entire land use compatibility issue. There being no further business to come before the Council, Councilmember Koch moved to adj ourn the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:35 p.m. Kathleen M. Swanson City Clerk' WIT46". Charles E. Mertensotto Mayor