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1997-10-21 Council minutesPage No. 1 October 21, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 21, 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 Koch seconded the motion. Ayes: Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the October 7, 1997 regular meeting as amended. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to move item p, Ordinance No. 316, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the October 14 Airport Relations Commission minutes. b. Acknowledgment of the Treasurer's Report for September. c. Acknowledgment of the Fire Department report for September. d. Acknowledge receipt of a report from Police Chief Delmont on the status of the police department communications system. e. Acknowledge receipt of the Dakota County Public Health Plan Update Preliminary Summary. Page No. 2 October 21, 1997 f. Approval of proposed landscape plan for the west end of City Hall to correct a storm water erosion problem and authorization or staff to solicit bids for Spring, 1998 construction. g. Adoption of Resolution No. 97 -71, "RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT (CALENDER YEAR 1998)." h. Authorization to fund the Second Avenue and Roger's Lake area storm sewer improvements from the Storm Sewer Enterprise Fund. i. Approval to cancel the November Parks Commission meeting. j. Acknowledge and accept letters of retirement from Firefighters Paul Dreelan and Dick Zwirn, effective December 31, 1997, and to express appreciation to the firefighters for their many years of dedicated service. k. Approval of the permanent appointment of Curt Wimpee as Civil Engineer I, effective October 15, 1997. 1. a. Approval to purchase a snow thrower for City Hall. b. Authorization to sell an Airens 5hp self - propelled 21" mower and Airens ST 824 snow thrower through an advertised sealed bid process. m. Adoption of Resolution No. 97 -72, "A RESOLUTION APPROVING THREE SIGN VARIANCES AND C • 1reffl1l R • • • 1' n. Authorization for staff to issue permits for two temporary signs to allow United Properties to advertise building space availability in the Mendota Technology Center, as recommended by Code Enforcement Officer Berg. o. Approval of special temporary banner sign permit for the grand opening of SuperAmerica, 1080 Highway 110. Page No. 3 October 21, 1997 p. Acknowledgment of a report and recommendation from Barr Engineering regarding solutions for the drainage problems at 991 Caren Court (Alton Todd property). q. Approval of the List of Claims dated October 21, 1997 and totaling $315,306.06. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 ORDINANCE NO. 316 Council acknowledged a memo from Public Works Director Danielson regarding requests from residents along Warrior Drive for a no- parking zone along a portion of Warrior Drive. Mr. Flavio Mangini, 1867 Warrior Drive, was present for the discussion. Mr. Mangini stated that his request is to prohibit student parking on the west side of Warrior Drive to ease congestion and to prevent students from parking in front of mailboxes. If the mailman cannot access the mailboxes, he /she will not deliver the mail. He has contacted school officials and the West St. Paul Police, but the problem persists. His request is to have a "No Parking" sign posted that would be in effect from 8:00 a.m. to noon. Students would still be able to park on the east side where there are no houses. Councilmember Smith empathized with the mail delivery problem but also expressed concern that if the students are not allowed to park on one side of Warrior Drive, they may be driven to park further into side streets of surrounding neighborhoods. After discussing possible time limits for a "No Parking" zone and concerns for the safety of children and school buses in the area, it was the consensus of the Council to post a "No Parking" sign to be in effect on the west side of Warrior Avenue from 7:00 a.m. to 2:00 p.m. year round. Public Works Director Danielson noted complaints received from residents two streets to the south of Warrior Drive. Residents are experiencing traffic problems during ball games and have difficulty accessing Warrior Drive. He recommended that Council authorize a "No Parking" zone to be effective for 30 feet back from the two intersections south of Warrior Drive. The Council reached consensus to post "No Parking" signs at those intersections to �' prohibit parking 30 feet from the intersection. Page No. 4 October 21, 1997 Councilmember Krebsbach moved adoption of Ordinance No. 316, "AN ORDINANCE PROHIBITING PARKING ON THE WEST SIDE OF THE NORTH 600 FEET OF WARRIOR DRIVE AND TO WITHIN 30 FEET OF THE INTERSECTIONS OF HIGH RIDGE CIRCLE AND SIBLEY COURT," as amended to ban parking along the west side of the north 600 feet of Warrior Drive from 7:00 a.m. to 2:00 p.m., Monday through Friday, year round. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 CASE NO. 97-34 Council acknowledged an application from Mr. Ron Ettinger for a ETTINGER conditional use permits to allow the replacement of one accessory structure and expansion of a second accessory structure at the Children's Country Day School, 1588 South Victoria Road. Council also acknowledged associated reports from Assistant Hollister and the city planner. Mayor Mertensotto noted that the Planning Commission has recommended that the City Council approve this application with no additional conditions to be incorporated. Mr. Ettinger explained that the accessory structures will be used strictly to relieve storage space in the school and to obscure equipment that is kept outside from view of the neighbors to the south. He informed Council that there will be no expansion in the number of children attending the facility. Councilmember Krebsbach moved to adopt Resolution 97-73, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO REPLACE AN EXISTING ACCESSORY STRUCTURE AND EXPAND ANOTHER EXISTING ACCESSORY STRUCTURE AT 1588 SOUTH VICTORIA ROAD.15 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 PET SHOP AT Council acknowledged receipt of an application to locate a pet shop MENDOTA PLAZA of 3,850 square feet at Mendota Plaza. Discussion centered on whether a pet store is an appropriate use in the B-4 zoning district of the shopping center. A pet store is specifically listed under B-3 zoning but not B-2 or B-4. Mayor Mertensotto expressed concern about whether veterinary services would be offered and the need to control humidity and not Page No. 5 October 21, 1997 have a closed ventilating system that would result in mildew and condensation on the ceiling. City Attorney Hart stated that veterinary services would be considered a conditional use within the zoning district. An animal hospital or veterinary clinic is listed as a conditional use in B -2 with conditions of approval stipulated. Since animals would be on -site and would need to be cared for, a finding could be made that the pet shop use is substantially similar and apply the same conditions to address the issues of ventilation, noise, etc. However, this entity would be a retail establishment, and the conditional uses in B -2 are not necessarily incorporated into B -4. Allowing this pet shop is at the discretion of the Council. He recommended that if Council chooses to approve the request, a motion to approve should include a stipulation that no veterinary services will be offered. Mr. Dave Feinwach, General Counsel for Pastor Enterprises, stated that a condition of the lease would be for the tenant to comply with all related zoning restrictions and adherence to all health codes. Any requirement of the state or local government would become an exclusive condition of the lease. The applicant is not planning to have any vet services. The ventilating system concerns are shared by the owner who will insist that no humidity damage be allowed. He noted that a tobacco shop is listed under B -2, which creates more humidity than any other retail business. Councilmember Smith asked how disposable waste will be handled and the difference between boarding animals and having them live on -site. Mr. Feinwach stated that the tenant will make special arrangements with the waste hauler for animal waste to be hauled separately. He explained that animals who live on -site are not upset by new surroundings, as with boarded animals. Councilmember Huber requested that the resolution specifically address waste disposal. Mayor Mertensotto requested that the conditional use permit be conditioned to this specific application and to no one else. It was the consensus of the Council to direct the City Attorney to draft a resolution that addresses the issues raised at this meeting for Council approval at the next regular Council meeting. Page No. 6 October 21, 1997 FIRE DEPARTMENT Council acknowledged the request of the Fire Department to RADIO PURCHASE purchase a radio for the new pumper truck. Ayes: 5 Nays: 0 Fire Chief Maczko stated that when the truck was purchased it was decided not to purchase additional equipment with it. Three bids were received for the radio, and the low bidder is Ancom Communications in the amount of $4,876.00. The radio purchase is an unbudgeted item. Mayor Mertensotto asked if the purchase can be made with a transfer from the current budget of the Fire Department. He further noted that the balances of approximately $30,000 in the account for equipment repair and $3,749 in the account for conferences may be two possible sources of revenue for the purchase. Fire Chief Maczko stated that he is not certain what will be needed for equipment repair between now and the end of the year, but he will work with staff to fmd funding within the current budget. Councilmember Krebsbach moved to award the bid to Ancom Communications and authorize staff to proceed with the radio purchase by transferring funds from the equipment repair and conference call accounts. Councilmember Huber seconded the motion. Fire Chief Maczko reported that Fire Prevention Week was very successful: all of the schools were visited including pre- schools, and there was a good turnout for the Open House. He reminded the audience that the annual dance will be held at the Prom Expo on Saturday, October 25, 1997, and a bonfire on Halloween night. CASE 97 -75 Council considered a proposed resolution to the Metropolitan HOFFMAN HOMES Council regarding the Concept Plan by Hoffinan Homes. Council also acknowledged a related memo from Administrator Batchelder. Mayor Mertensotto stated that a resolution has been drafted for Council approval, requesting instructions and informational guidelines for a Comprehensive Plan amendment to facilitate the proposed Hoffinan Homes residential development. He read the resolution in part. Councilmember Krebsbach moved to approve Resolution No. 97 -74, "A RESOLUTION REQUESTING INSTRUCTIONS AND Ayes: 5 Nays: 0 Page No. 7 October 21, 1997 INFORMATIONAL GUIDELINES FOR A COMPREHENSIVE PLAN AMENDMENT TO FACILITATE A PROPOSED RESIDENTIAL HOUSING DEVELOPMENT." Councilmember Smith seconded the motion. Mayor Mertensotto pointed out that although Council has adopted the resolution because of the importance of receiving instructions and guidelines from the Metropolitan Council, Council reserves any judgments about the planning merits of the Hoffinan Homes proposed concept plan. RECESS Mayor Mertensotto called a recess at 8:44 p.m. and reconvened the meeting at 8:55 p.m. BUNKER HILLS Mayor Mertensotto declared the public hearing for the Bunker Hills STREET IMPROVEMENTS street improvements reopened at 8:55 p.m. Council acknowledged an updated feasibility report from Engineer Mogan. Engineer Mogan stated that a number of letters of concern have been received by the City, and he is prepared to address those concerns: 1. The first letter is from the Schusters, 1900 Wachtler Avenue, who are concerned about the location of the realigned street section. Last year at the feasibility hearing testimony was received from the neighborhood about preserving the ambiance and aesthetics of the neighborhood. The plan being presented is one with a narrower street width and a shifted alignment in the street right -of -way to avoid trees and maintain the aesthetics of the neighborhood. At the section in front of their property the alignment shifts four feet to avoid a large oak tree. They have requested that the City reconsider the proposed alignment and put it in the center of the street right -of- way because the tree is not very healthy. Engineer Mogan stated that he does not agree with this change because it would take out several trees. He suggested that the City consult a forester about the final design to determine whether the trees should be saved. Engineer Mogan stated that the second issue raised by the Schusters is to request the City to take less than the proposed 9 feet of street easement in front of their property. The current street width is 20 feet. With curb and gutter, it should be at least 26 feet upon completion. Mrs. Schuster stated that the easement footage the City proposes to use would take six feet off their new concrete driveway. Page No. 8 October 21, 1997 2. Mr. Ben Bayless, 821 Hilltop Road, wrote to question the policy of assessing the project on a per lot basis instead of on the basis of front footage. He also asked if the new road would match the existing grade of his driveway, to which the answer is yes. In regard to assessments on a per lot basis, Engineer Mogan agreed that there is a wide discrepancy in lot sizes. However, City policy has consistently been to assess all new developments on a per lot basis. The reason is that each property owner generates a certain number of vehicle trips on the road regardless of lot size. Another reason is the difficulty of determining exact front footage for corner lots. A property that is valued more on a cul -de -sac would pay less than a corner property, which does not seem fair. Mayor Mertensotto stated that the average increase in the market value of property in other residential street reconstruction projects is 20 to 24 percent. Street reconstruction and replacing open ditches with sewer makes a big difference in property value. There is no better or more equitable way to assess than on a per lot basis. 3. A letter was received from Mr. David Duddleston, 785 Hilltop Court, who supports the project. 4. Mr. John Hagman, 816 Ridge Place, wrote in support of the project and would like a tree removed from the City's right -of -way. 5. Mr. Gelderman, 1812 Valley Curve, sent a letter requesting the City to avoid a large oak tree in front of their property which can be done. Secondly, he noted that the catch basin is at a low point in that area. Engineer Mogan stated that the sewer layout will address that drainage issue. 6. The final letter is from Mr. Chuck McDonald, 816 Hilltop Road, who supports the new street. Engineer Mogan reported that since the last review of this plan, every tree has been inventoried in the entire project, and a solid concept has been developed on how to maintain the aesthetics of the neighborhood without a lot of damage. The City will attempt to widen and improve the street by taking, as much as possible, equal amounts of boulevard on each side, except where there is a reason to make adjustments. The drainage issues of the area will be addressed for current problems and to handle possible future development. The total cost of the project is estimated at $767,000. If the City funds 50 percent, the per lot cost will be approximately $4,600. The Page No. 9 October 21, 1997 reason this assessment is higher than other projects is the number of lots. In Tilsen Highland Heights, there are 122 lots to split the assessment cost. In Bunker Hills, there are 74 assessable lots, and six assessments have been added (assessments to,be paid by the city) because there are six through lots in the project area. The average monthly cost over a period of 19 years would be approximately $34.65. The assessment for the first year would be approximately $644.61. The first year's assessment is for 15 months because the assessment is certified in October. The interest rate for the first year would be 8.75 percent. If the assessment is paid in full prior to certification, no interest is charged. Mayor Mertensotto asked for questions and comments from the audience. Responding to a resident question, Engineer Mogan stated that approximately a dozen trees will be removed and that measures will be taken to keep equipment off the root zone of trees that will remain. Mr. Brian Birch, 755 Willow Lane, asked the cost per lineal foot of the new drainage system. Engineer Mogan responded that there are 3,000 feet of storm sewer on this project. The estimated cost is $155,000, which is approximately $50 per foot. Mr. Birch stated that he has no problems with water and does not need the curb and gutter. There are residents who do not have . drainage problems. He suggested that a much shorter, cheaper route would be to have the sewer line cross Dodd Road and go in front of the vet clinic, Tom Thumb, and Fina Oil to dump into Valley Park. Mayor Mertensotto stated that the Council will note Mr. Birch's suggestion and check whether there is another alternative for the storm sewer system route. He noted that the streets in the project are 27 years old., and that this is the next scheduled City street improvement. If the storm sewer is not installed with this project, it will be set further back on the City's schedule of street reconstruction projects. No street reconstruction project has been supported by 100 percent of the affected residents. The Council must act on the support of the majority. The survey that was conducted of the neighborhood indicated that approximately 60 percent of the residents support the project. Mr. Ben Bayless, 821 Hilltop Road, submitted a petition to the Council. He stated that of the 73 households represented, 26 Page No. 10 October 21, 1997 property owners support the full reconstruction project. He noted that the residents on Valley Curve are divided; Hilltop residents prefer Option 3 (bituminous overlay); Wachtler residents are divided; and Willow Lane residents are split 50150. He stated that in his letter he stated his preference for a bituminous overlay (Option 3) with attention to residents who need help with drainage problems. His main point is that 60 percent of residents on the petition prefer to keep the road as it is, supporting a simple overlay. Councilmember Smith noted the assumption on the part of residents that the cost for bituminous overlay will be approximately $2,400 per household and that the petition states that the residents request the City to assume one -fourth of this cost to reduce the cost to residents. Councilmember Smith added that this was not something that Council had agreed upon. Councilmember Huber stated that at the last meeting, on a show of hands, approximately 80 percent of those present were in favor of complete reconstruction. One resident stated that those who attended the last meeting were largely in favor of reconstruction (Option 1), which is why more } residents in favor of Option 3 are present at this meeting. Mrs. Bev Bayless stated that she conducted the new survey because many of those responding to the City's survey indicated "No Choice." After several meetings and an analysis of the neighborhood, the majority of residents believe the aesthetics can be kept the same and still address drainage issues in the few specific areas where that work is needed. She felt the new petition more accurately reflects neighborhood feeling. Mayor Mertensotto stated that if a simple overlay is done, curb and gutter would not be installed, so nothing would be done to address water problems. Mrs. Bayless suggested that culverts be installed or replaced along Ridge, Willow and Valley Curve. Engineer Mogan responded that while he could give some attention to storm sewer problems, it would not be very effective. He explained that the curb and gutter is an important component of the storm sewer system. Without curb and gutter, a rural section of road should include a ditch to collect water off the road and should include culverts under driveways. Construction of a ditch system to Page No. 11 October 21, 1997 serve areas where storm sewer is needed is not a feasible option. Storm run -off which exceeds the capacity of the catch basins or storm sewer pipes will pond or be conveyed between the curbs within the street. It would be possible to tie an overlay into existing bituminous curb. Mr. Sten Gerfast, 1802 Valley Curve, noted that the 1996 community survey indicated 57 percent of residents support installation of curb and gutter. Mayor Mertensotto cautioned that survey responses depend on how questions are asked and how much information is given to the person being surveyed. He stated that Council is going to find out what residents want and proceed with what is supported by the majority. One resident stated that he signed the petition with reservations because of soil and erosion problems that need to be addressed. Mayor Mertensotto stated that drainage has been the number one problem in the City for 30 years. The Council is concerned with preserving the City's housing stock in residential neighborhoods. He invited residents to visit neighborhoods where urban streets have been built and see the difference it has made. Mr. Richard Guiton, 822 Ridge Place, stated that he appreciates what the neighbors have done to uphold the group but wonders how objectively the petition was introduced. The person who came to his house expressed many concerns, but it was a one -way conversation. Mr. Bob Vince, 782 Hilltop Road, stated that three options were presented, and 60 percent have selected Option 3. Mr. Dave Mandt, 825 Ridge Place, stated that he was not surveyed, but that generally, when a survey is taken by advocates, it is not accurate. He suggested that a neutral party take a final survey. Mr. Gerard Jenniges, 800 Ridge Place, stated that if only one overlay is done, nothing will be done about the base of the road underneath. Mayor Mertensotto recommended that the public hearing be closed. He stated that Council has one year to order in a project, although it ties up engineering priorities. Since a petition has been submitted, an affirmative decision of the Council for the project must be on a four -fifths vote. Ayes: 5 Nays: 0 Page No. 12 October 21, 1997 Councilmember Huber moved to close the public hearing at 9:50 p.m. Councilmember Koch seconded the motion. Councilmember Huber stated that when the feasibility study was presented a year ago, he believed that if adjustments were made to the standard street width, residents would support the project. That has been done in the concept design, and the response was positive at the last meeting. The new survey conducted in the neighborhood has caught him off guard, and he is not prepared to react at this meeting. He agreed that it is a lot to ask the Schusters to save the large oak tree in the City right -of -way. The six or seven feet of property the City has proposed taking from the Schusters is in the City right -of- way. Councilmember Krebsbach stated that she would like to clarify that Council has not discussed contributing one quarter of the cost for Option 3. If the curb and gutter is not put in, over time the street will again be in disrepair. It is important for the neighborhood to function with the same standards as the rest of the City which is moving toward installation of curb and gutter. She further requested information on the extent to which the curb and .gutter would alleviate the water problems. She also believes the cost is less to residents when assessments are made on a lot -by -lot basis. Councilmember Smith stated that she is not prepared to make a decision tonight, but the discussion this evening certainly raises additional questions. She stated that Council does not wish to force something on the residents but rather that it is Council's responsibility to represent residents. She informed the audience that Council has a balancing act to do and as individuals each of the property owners has a right to speak in the decision making process but there is also a commitment to the neighborhood community as well. She expressed concern about the drainage and well being of the neighborhood. She stated that she needs additional information on how the drainage problems can be solved before making a decision and is open to look at new information but that Council cannot dismiss those who do have drainage problems. Councilmember Koch stated that if every household was contacted, then the survey is indicative of what the majority of residents support. She stated that her concern is also drainage, and she is uncertain if an overlay would be the best option. However, if the Page No. 13 October 21, 1997 majority of the neighborhood prefers an overlay, she would have to support it even though she may prefer not to support it. Mayor Mertensotto stated that the Council represents residents and will do what the majority support. However, the Council also cannot make significant decisions by taking a head count. The Council has the responsibility to consider how long an overlay will last and would not be forthright by only going along with the majority and later finding out that the money was wasted. Councilmember Smith asked if the problems with the road surface are being caused by an inadequate road base. Engineer Mogan responded that the condition of the road is a combination of the fact that the original surface was a two -inch lift of blacktop, which is a minimal thickness. The current street standard is 3.5 inches which adds strength to the surface. However, if 3.5 inches of blacktop are laid on an unacceptable subgrade, it will break up. He would suspect that there are problems with the aggregate base that will not be corrected with an overlay. Mayor Mertensotto directed that the matter be put on the agenda for the second Council meeting in November. At that time the Council will make a decision without a fiurther public hearing. PROPOSED City Administrator Kevin Batchelder noted the Association of AMM POLICIES Metropolitan Municipalities (AMM) annual policy adoption meeting scheduled for November 13, 1997. Each member City Council will review policies at that meeting. However, prior to that time, each City is to identify the top five priority policies and pass comments on to AMM in the form of a resolution by the November 4 meeting. PCS ANTENNA Mayor Mertensotto expressed concern about the co- location ORDINANCE provision in the proposed ordinance. He would prefer to hold to the proposed tower height of 75 feet and not go beyond that. Collocation will set a precedent for higher towers. It was the consensus of the Council to delete Section 21.6(4)d which addresses the co- location provision. Councilmember Koch noted two items that industry representatives took issue with repeatedly: 1) Abandonment Bond (Section 21.6(8)g and, 2) provision of a map of all existing towers and antennae of the same provider within a two -mile radius of a proposed site (Section 21.6(8)i. She felt there should be a recourse and Council discretion if conditions warrant. Page No. 14 October 21, 1997 Councilmember Krebsbach noted cities with experience across the country recommended abandonment bonds at the National League of Cities Conference. Mayor Mertensotto stated that if these provisions cause problems, a waiver can be granted. The Council will have discretion to act in any emergency situation. Mayor Mertensotto further noted that the industry has approached the Federal Communications Commission for federal law to take away all local authority regulating these towers. A number of cities have been sued as a result of local regulating ordinances. Councilmember Smith recalled that industry representatives requested the use of a portable antenna for emergency situations. Mayor Mertensotto stated that if a problem occurs, the Council could grant a variance or grant an alternative method of operation. Councilmember Huber moved to close the moratorium on installation of Cellular/PCS antenna towers in the City and adopt Ordinance No. 317, "AN ORDINANCE AMENDING ORDINANCE NO. 401," with the condition that Section 21.6(4)d be modified to delete reference to co- location. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 ADJOURN Councilmember Smith moved to adjourn the meeting to executive session to consider a matter of litigation, and to convene in closed session on November 4, 1997 at 6:45 p.m. to discuss labor negotiations. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:20 p.m. Kathleen M. Swanson ATTEST: City Clerk �,4� .. Charles E. Mertensotto „� Mayor