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1997-08-19 Council minutesPage No. 1 August 19, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 19, 1997 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, 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 Smith moved approval of the minutes of the July 19, 1997 regular meeting as amended. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move item e., fire hydrant painting, to the regular agenda,. along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 9, 1997 Airport Relations Commission meeting. b. Acknowledgment of the Fire Department monthly report for July. c. Acknowledgment of the Treasurer's monthly report for July. d. Acknowledgment of a memo from Treasurer Shaughnessy regarding 1997 bond issues. e. Acknowledgment of a memo on the Friendly Hills sod replacement project. Page No. 2 August 19, 1997 f. Adoption of Resolution No. 97 -48, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL FOR TILSEN' S HIGHLAND HEIGHTS (IMPROVEMENT NO. 96, PROJECT NO. 4)" and Resolution No. 97 -49, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL FOR PINE CREEK ESTATES (IMPROVEMENT NO. 93, PROJECT NO. 1)." g. Approval of a request from St. Thomas Academy for authorization to operate a motorized pontoon boat on Rogers Lake for the purpose of obtaining lake samples between 1:00 p.m. and 3:00 p.m. during the months of September through November. h. Authorization to advertise for bids for Rogers Lake Addition drainage improvements, project costs to be financed by the Storm Water Utility Fund, in accordance with a memo from Engineer Mogan. i. Acceptance of the retirement of Fred Pfeiffer from the Public Works Department, with appreciation for his 25 years of service to the city, and authorization for staff to begin the replacement process. j. Approval of the probationary appointment of William Bird to the part-time Recreation Programmer position, at the pay rate of $11,777, effective on August 25, 1997. k. Approval of the list of contractor licenses dated August 19, 1997 and attached hereto. 1. Approval of the list of claims dated August 19, 1997 and totaling $227,785.67. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 FIRE HYDRANT PAINTING Council acknowledged and discussed a memo from Public Works Director Danielson regarding bids received for fire hydrant painting. Council members expressed concern that the ability to complete the sandblasting and painting of all of the hydrants this fall is a critical part of the project, and the low bidder failed to comply with the bid requirement that he specify the number of hydrants he would paint Page No. 3 August 19, 1997 each day. It was noted that acrylic paint must be applied and allowed to dry without moisture, and that the paint supplier recommends that the project begin immediately and end by late September when mornings and evenings are dewy. Lacking information on how many hydrants the low bidder expects to paint each day, there does not appear to be enough time left in the season for one individual to complete the sandblasting and painting of all of the hydrants. Councilmember Huber moved to reject the low bid submitted by Bob Doane, because the bid failed to specify the number of hydrants which would be painted each day, and to award the contract to Budget Sandblasting and Painting, for its bid of $27.00 per hydrant. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Bill Burke, 707 Decorah Lane, was present to express appreciation to the Council and Engineer Mogan for the Friendly Hills sod replacement. He stated that the appearance of the neighborhood and the quality of the sod work is far superior to the original work done as part of the Friendly Hills street reconstruction project. SUPER AMERICA SIGN Council acknowledged a letter from SuperAmerica requesting Council approval of an alternate design for the free standing monument sign at the new SuperAmerica facility at Lexington and Highway 110. Council also acknowledged an associated memo from Public Works Director Danielson. Mr. Mike Cronin was present on behalf of SuperAmerica. Mr. Cronin explained that the alternate sign is being proposed at the request of Dakota Bank, and is four feet wider than the original plan but will be about 7 1/2 feet lower. Councilmember Krebsbach asked if the sign location will block the bank sign. She further asked if much advantage will be gained by revising the sign since it will not be moved very much. Mr. Cronin responded that Dakota Bank President Seidel feels that there is a great advantage, and that Mr. Seidl has requested the new sign. He stated that the SuperAmerica's architects and Mr. Seidl discussed the sign at length. Mr. Cronin also informed Council that the base of the sign will be the same brick used on the SuperAmerica store. Page No. 4 August 19, 1997 Mayor Mertensotto stated that if Council concurs in the request, the original sign approval must be vacated and Council must, as an amendment, authorize the two -party agreement between the bank and SuperAmerica, which will result in a sign of about half of the approved height and four feet more width. Staff confirmed that the sign as proposed conforms to city ordinance sign size requirements. Councilmember Smith moved to abandon the original SuperAmerica free standing monument sign approval and authorize an amended sign as reviewed this evening and on file at City Hall. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 DISPATCH SERVICE Council acknowledged a memo from Administrator Batchelder regarding a proposed amendment to the dispatch service agreement with the City of West St. Paul. Administrator Batchelder explained that in June Council had received the proposal to make an amendment to the current agreement to extend the agreement another year for dispatch services } for police and fire. At that time, Council asked West St. Paul to provide budget information. He stated that West St. Paul has provided the information on its actual expenses for 1995 as well as the budgeted amounts for 1996 and 1997. The 1997 budget calls for a 3.3% increase over the 1996 budget, however the 1996 budget was actually overspent by a considerable amount due to severance and vacation benefits. He informed Council that the 1997 budget is less than the actual 1996 expenditures. He stated that Mendota Heights paid for dispatch services for 1996 based on the 1996 budget and West St. Paul is proposing that the Mendota Heights 1997 dispatch service amount be based on the 1997 budget, not on the over -run from 1996. Council discussed police use of cell phones rather than their radios. It was felt that perhaps the police were using the phones because the radio frequency is too congested because of the merger with South St. Paul. Administrator Batchelder responded that the two channels West St. Paul uses are busier now because of the combination with South St. Paul, however the channels are available. Page No. 5 August 19, 1997 Councilmember Krebsbach stated that she feels that the Mendota Heights police officers do not have adequate access to the radio and it might be better to have a repeater. She asked if item number two in West Paul Police Chief Iago's letter refers to a repeater that West St. Paul will be investing in. She expressed concern that the Mendota Heights officers have adequate access to the channels. Administrator Batchelder responded that the officers do have access to the channels even though they are busier now that South St. Paul is part of the system. He explained that the Mendota Heights officers have stricter protocols on use of the channels, and it is not a question of access as much as discipline. He felt that the level of service provided by West. St. Paul is adequate. Councilmember Smith asked if the reference in Chief Iago's letter to the fact that there will soon be two complete and separate frequencies means that West St. Paul will have the ability to expand its capacity. Mayor Mertensotto responded that it is obvious that more information is needed. He stated that Mendota Heights has had increases two years in a row due to expansion of the system to include South St Paul, and that Mendota Heights should find out where it stands and more research is needed to determine if the city is getting service as good as it has had in the past. He asked the Administrator to request a report from Chief Delmont. Councilmember Krebsbach moved to authorize the 1997 amendment to the dispatch service agreement with West St. Paul with the direction that the Police Chief research and report on whether Mendota Heights is receiving adequate service and whether the agreement is also satisfactory for 1998. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 NDC -4 BUDGET Council acknowledged the NDC4 draft budget for 1998 along with an associated memo from Administrator Batchelder. Councilmember Huber, the Council representative on NDC -4, responded to several Council questions regarding the proposed budget and US West fees and requirements for components. He informed Council that there is a tentative US West agreement to sell the Twin Cities part of its cable system to Charter Communications. Page No. 6 August 19, 1997 Councilmember Smith pointed out that the grant from NDC -4 to NDCTV is decreasing and that NDC -4 expects NDCTV to become more self - sufficient. She also noted that one other big change is that NDCTV plans to fully fund the cost of production of "Insight 7" and is not anticipating asking for city assistance in funding. Councilmember Huber responded that NDCTV would like to try to fund the program internally if at all possible and not ask for city contributions from franchise fee payments. Councilmember Smith asked Administrator Batchelder to request a copy of the NDCTV proposed budget for 1998 for distribution to Council. Mayor Mertensotto pointed out that it is not necessary for Council to take action on the proposed budget, since the terms of the Joint Powers Agreement stipulate that unless a city submits written objection to the proposed budget within 45 days, the failure to respond will be considered a positive vote for the proposed budget. CELLULARIPCS ORDINANCE Council acknowledged a memo from Assistant Hollister regarding the draft Cellular/PCS ordinance. Mayor Mertensotto stated that his primary concern is exceeding the 75 foot height limitation. He stated that Council has been requiring the height limitation and has asked AT &T to reduce its tower to 75 feet. He did not feel that Council should take any action that would be contrary to this policy, and further that he did not think co- location in the future (with a 25 foot height bonus) would work. He stated that the Planning Commission has done excellent work on the proposed ordinance but that he cannot support the proposed bonus to allow 100 foot towers. Councilmember Smith responded that there are a number of ways to look at the height issue. She stated that under the co- location aspect, there could only be two antennas located on a 100 foot tower, so the best that co- location would do would be to eliminate one tower. She ftuther stated that every company could say that they would be happy to co- locate just to get the 100 foot tower, whether there would be someone co- locating in the future or not. Assistant Hollister reviewed proposed changes to the description of height which have been made in the draft as the result of concerns expressed by Councilmember Smith. Page No. 7 August 19, 1997 Council discussed the proposed setback requirement. It was the l consensus to require the use district setback or 30 feet, whichever is greater, plus the height of the tower. Councilmember Krebsbach stated that one topic of discussion at the National League of Cities conference was abandonment of towers. She felt that the language in the draft ordinance requiring an abandonment bond is appropriate. Mayor Mertensotto stated that the ordinance could either require the abandonment bond or it could state that the tower must be in use and maintained or the land owner must remove it. Councilmember Smith stated that there should be some flexibility in the use of the tower, such as co- location or use by another company. It was the consensus to include language to state that a tower must be removed when it in no longer in active use. Councilmember Smith asked if the ordinance should require that operators notify the city when a tower is no longer in use, because without such notification the city would not know when a tower is inactive. Mayor Mertensotto responded that with or without notification, Section 21.6(8)a of the proposed ordinance stipulates that if the use ceases for a period of more than six months, the conditional use automatically terminates. Staff was directed to inform the Planning Commission on Council's comments and let them know what the discussion points were. PARK DEDICATION FEES Council acknowledged a memo from Assistant Hollister regarding proposed revisions to the park dedication policy which have been recommended by the Parks and Recreation Commission. Councilmember Koch asked whether there is any reason, other than that the city's fees are lower than those of other cities surveyed, that the fees should be increased. She pointed out that Mendota Heights taxes are also low. Mayor Mertensotto responded that the proposed increases are primarily to reflect increased demand for funds for park equipment, equipment replacement, etc. He pointed out that as properties develop, there are increased demands on the park sytem. Page No. 8 August 19, 1997 Councilmember Smith felt that a fee of 10% of the market value for industrial property is excessive. She asked how the market value is determined. Treasurer Shaughnessy responded that the Dakota County Assessor's market value for a property has been used in the past, and this value is probably lower than actual market value. Councilmember Smith asked if the fee should be tied to a building permit, in the case of development of replats. Administrator Batchelder reviewed the language is Subdivision 2 of the draft policy, which stipulates what type of development activity would be subject to dedication fees. Mayor Mertensotto stated that Council would consider this evening's review of the proposed policy as the first reading to allow property owners to submit written comments prior to the second Council meeting in September. He stated that if no comments are received, the policy will be placed on Council's consent calendar for approval on September 16. Administrator Batchelder stated that in some cases, a parcel could have paid a park dedication in the past and is subsequently redeveloped. He asked if the city would intend to charge a park fee again. He also raised the question of whether the city can charge a park fee again to someone who may have subdivided a parcel in the past but never developed. Treasurer Shaughnessy stated that it has been the practice that, for example, if a parcel was platted as a ten acre lot and the park fee was paid, it was paid on a per parcel basis. If the parcel were to be subsequently split into two five acre parcels for development, a fee would be required for one of the new lots. Councilmember Koch expressed concern the city must be careful about double taxation. Mayor Mertensotto responded that if a new parcel is created, a fee must be paid for that parcel. Staff was directed to give Council a written policy based on past practice and that staff look at prior procedure to determine what should be done in the best interest of the city and in fairness and equitability to the property owners. Page No. 9 August 19, 1997 COUNCIL COMMENTS Councilmember Krebsbach commended the Park Celebration/Fire Department 50th Anniversary committees for their efforts on behalf of the August 16 celebration. There was discussion over the condition of the Ivy Falls Park pond and the wild flower plantings. Administrator Batchelder expressed appreciation to Administrative Secretary Kim Blaeser for her work on the park celebration. He informed Council that when the Recreation Programmer resigned in June, Kim volunteered to take over the park celebration responsibilities and did an excellent job. Staff was directed to look into replacing dead trees at Mendakota Park. Councilmembers Huber and Krebsbach informed Council that they will not be able to attend the September 16 Council meeting. ADJOURN There being no fiuther business to come before the Council, Councilmember Krebsbach moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays:0 TIME OF ADJOURNMENT: 9:33 o'clock P.M. 4� 11q , athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor