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1997-10-07 Council minutesPage No. 1 October 7, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October7, 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. INTRODUCTIONS Mayor Mertensotto introduced Junior Girl Scout Troop No. 284 troop leaders and troop members who were present for the meeting. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. _ Ayes:5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items g (Lilydale Comprehensive Plan) and k (Ordinance No. 316) to the regular agenda, along with September 2, 1997 regular meeting as amended. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved approval of the minutes of the September 16, 1997 regular meeting as amended. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 Abstain: Huber, Krebsbach Councilmember Koch moved approval of the minutes of the September 30, 1997 workshop as amended. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items g (Lilydale Comprehensive Plan) and k (Ordinance No. 316) to the regular agenda, along with Page No. 2 October 7, 1997 authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 23, 1997 Planning Commission meeting. . b. Acknowledgment of the building activity report for September. c. Authorization for the issuance of a purchase order to Airlake Ford for a 1996 Crown Victoria squad car at a cost of $19,214, plus tax and license fees, to replace a squad damaged beyond repair. d. Authorization of an expenditure of up to $1,000 to retain a landscape architect to design a plan and bid specification to correct erosion at the west end of City Hall. e. Adoption of Resolution No. 97 -59, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL .10 ., f. Acknowledgment of receipt of information from ST. Paul Water Utility regarding 1998 water rates. g. Acknowledgment of a notice form Continental Cablevision regarding commencement of the franchise renewal process and direction to staff to request a response from NDC4 about the establishment of renewal proceedings. h. Authorization to contribute up to $500 for hot dogs and refreshments for the annual Halloween Bonfire. i. Acknowledgment of a letter from Tempco Manufacturing withdrawing its expansion plan from consideration by Council. j. Adoption of Resolution No. 97 -60, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO.93, PROJECT NO. 4." k. Authorization for the Code Enforcement Officers to issue a building permit which would allow construction of a temporary and permanent patio with a six foot privacy fence at Lloyd's Barbecue Company at 1455 Mendota Heights Road. Page No. 3 October 7, 1997 1. Adoption of Resolution No. 97-61, "A RESOLUTION DENYING A VARIANCE FOR THE PLACEMENT OF A FENCE OUTSIDE OF ONE'S OWN PROPERTY AT 868 BLUFF CIRCLE," along with authorization for execution of a "Revocable License Agreement" between the city and Eric and Kathryn Schneeman. in. Adoption of Resolution No. 97-62, "A RESOLUTION AUTHORIZING A LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 1997 STATE DEER HUNT SEASON." n. Authorization to enter into an agreement with Public Record Service to provide City Council meeting recording services on a three month trial basis for its quoted rate of $22.00 per hour and $5.00 per page. o. Adoption of Resolution No. 97-63, "A RESOLUTION DESIGNATING THE CITY'S OFFICIAL REPRESENTATIVES AND ALTERNATES ON THE METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL," appointing Councilmember Smith as the city's MASAC representative and Mayor Mertensotto as the alternate representative, and appointing Mayor Mertensotto as the city's designated representative on the MASAC Operations and MASAC Executive Committees and Administrator Batchelder as alternate representative on the two committees. p. Approval of the appointment of Sergeant Donn Anderson as Acting Police Chief effective on November 1, 1997 until a new Police Chief is appointed. q. Approval of the permanent appointment of Amy Griffin as Clerk/Receptionist in the Administration Department, effective October 14, 1997. r. Approval of the permanent appointment of Patrick Hollister as Administrative Assistant, effective on October 2, 1997. s. Approval of the List of contractor licenses dated October 7, 1997 and attached hereto. t. Approval of the List of Claims dated October 7, 1997 and totaling $418,107.55. Page No. 4 October 7, 1997 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 LILYDALE COMPREHENSIVE Council acknowledged receipt of a memo from Assistant Hollister PLAN regarding Metropolitan Council approval of Lilydale's Comprehensive Plan. Councilmember Krebsbach expressed concern over the implications of the plan on Mendota Heights, particularly relating to redevelopment of the Diamond Jim's and Shiely properties and land uses that will impact Mendota Heights public safety service to Lilydale. It was the consensus to direct Assistant Hollister to send a letter to Lilydale's City Council, alerting them that the Mendota Heights City Council desires to be alerted well in advance of any development plans so that Council can address how to handle an increase in public safety service. SOUTH PLAZA DRIVE Council acknowledged a memo from Public Works Director PARKING Danielson along with a proposed ordinance to restrict parking on South Plaza Drive. Councilmember Smith stated that she would like Council discussion on the issue because the senior housing facility has limited parking and there will likely be a need for overflow parking on the street on occasion, as was the case during the open house for the facility. She pointed out that when Council originally sized the cul -de -sac and planned for the area, it was not anticipated that the cul -de -sac would be a bus turn around. It had been anticipated that the Mendota Plaza would help with the hub. She stated that she would like to accommodate the senior facility as best the city can by limiting the no parking to the hours of bus service. Mayor Mertensotto suggested that the Dakota Bank owners be contacted to see how much of its parking area is needed for occupants of the bank building. He stated that perhaps there could be an agreement worked out with the bank and the senior facility so that bank parking could be used for overflow for the senior facility on special occasions. Councilmember Huber stated that when he attended the senior facility open house he was surprised to see three buses parked in the Page No. 5 October 7, 1997. cul -de -sac. He further stated that he had not envisioned that the cul- de -sac would be a bus staging area. Councilmember Smith suggested that Council monitor the situation and advise the Metro Transit Service that the cul -de -sac is not an appropriate staging area. Action on the proposed ordinance was tabled. Staff was directed: to discuss the issue with the Dakota County HRA; to contact Dakota Bank regarding the possibility of an agreement for overflow parking; and, to ask Metro Transit exactly what its anticipated turn- around time will be and how long they anticipate that buses will wait in Mendota Heights before their scheduled runs. Staff was further directed to notify Metro Transit that its request for no parking has been tabled until Council receives information on how to solve the existing problems, including overflow parking for the senior facility, and to ask the representatives of the senior facility if they plan to have functions where they will be using contract buses. PUBLIC COMMENTS Mayor Mertensotto informed Council that a number of residents of the senior facility asked him at the open house what the city plans to do about getting lights for the South Plaza Drive pedway, particularly at the intersection with Dodd Road.. He felt that it would be appropriate for the city to install shoebox style lights which could perhaps be timed to go off at midnight. Council directed Public Works Director Danielson to contact NSP for a quote on shoebox style lights. FIRE SAFETY AWARDS Council acknowledged a memo from Fire Marshal Paul Kaiser regarding annual awards for fire safety in the workplace. Fire Marshal Kaiser and Fire Chief Maczko were present. Mayor Mertensotto recognized twenty -one firms which will receive awards recognizing continued commitment to fire safety. Fire Marshal Kaiser and Mayor Mertensotto presented a plaque to Mr. Darrell Campbell, representing Patterson Dental Supply. VICTORIA CURVE TRAIL Council acknowledged a memo from Engineer Mogan regarding bids received for construction of the Victoria Curve safety improvement project. Page No. 6 October 7, 1997 Council expressed concern that the bids were much greater than the engineering estimate, however, it was the consensus that the safety improvements are needed and should not be delayed. Councilmember Krebsbach moved adoption of Resolution No. 97- 64, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR TRAIL CONSTRUCTION AND APPURTENANT WORK FOR THE VICTORIA CURVE SAFETY IMPROVEMENT PROJECT, IMPROVEMENT NO. 97, PROJECT NO. 3, JOB NO. 9616," awarding the contract to Bituminous Roadways, Inc., for its low quote of $77,348.50. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ROGER'S LAKE ADDITION Council acknowledged a memo from Engineer Mogan regarding DRAINAGE bids received to installation of the Roger's Lake Addition drainage improvements. Ayes: 5 Nays: 0 Engineer Mogan reviewed a proposed add - alternate to the contract to solve a perpetual storm water problem at 690 Second Avenue. He showed pictures of the property and described the problem for Council. Mayor Mertensotto stated that what is proposed is to correct problems that were not corrected under the original construction project. He expressed concern that money is being expended from Storm Water Utility Fund at a faster rate than funding can be accumulated. He suggested that the cost for repairs on Second Avenue be charged against the original construction project fund. Councilmember Koch moved adoption of Resolution No. 97 -65, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR ROGER'S LAKE ADDITION DRAINAGE IMPROVEMENTS AND APPURTENANT WORK, JOB NO. 9312," awarding the contract to Penn Contracting, Inc., for its low bid of $24,414.00 for the Roger's Lake Addition drainage improvement, including the construction of the Second Avenue drainage improvement alternate. Councilmember Krebsbach seconded the motion. Council directed Treasurer Shaughnessy to research funding alternatives for the Second Avenue improvement. Page No. 7 October 7, 1997 STREET STRIPING AWARD Council acknowledged a memo and tabulation of bids received for l 1997 street striping and marking. Councilmember Koch moved adoption of Resolution No. 97 -66, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PAVEMENT MARKINGS AND STREET STRIPING (IMPROVEMENT NO. 97, PROJECT NO. 6) JOB NO. 9711)," awarding the contract to Precision Pavement Marking for its low bid of $6,569.50. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TILSEN AREA Council acknowledged a memo from Engineer Mogan and a ASSESSMENT HEARING proposed assessment roll for the Tilsen's Highland Heights street reconstruction project. Mayor Mertensotto opened the meeting for the purpose of a public hearing on proposed assessments for Tilsen's Highland Heights street improvements, and asked for questions and comments from the audience. Responding to a question from Mr. Harold Specktor, 1643 Lilac -- Lane, Public Works Director Danielson stated that the contractor will begin applying the second lift of blacktop in two days and should complete the process in about three days. Mr. Specktor stated that there is a dip in the road on Caren Court at Lilac Lane, that will ice up and create problems in the winter. He stated that the dip is so low that the city will not be able to plow the area properly. Engineer Mogan responded that he was alerted to the problem months ago and indicated that staff would look at it when the second lift of blacktop is installed. He explained that Caren is going at a down grade and Lilac is going up, and the cross grade is a problem. He stated that the grade on Lilac cannot be changed because of an existing gas main. Mayor Mertensotto informed the audience that Engineer Mogan will look at the problem before the final lift is installed and will find a way to correct the situation. Mr. Ken Herrmann, 995 Caren Court, stated that before the project started, he informed Engineer Mogan that water will seek its own Page No. 8 October 7, 1997 course, and now water runs down the side of his driveway to the holding pond. He stated that he would like to be on record that there is a drainage problem on his property. Mayor Mertensotto responded that if there has been a change in the drainage pattern Council needs to know why and how to correct it. Mr. Herrmann responded that the problem is that his driveway was torn out and replaced and the original tar and cement that were taken out are still on his property. He asked that the materials be removed. He stated that overall, he does think the project was well done. A neighbor to Mr. Herrmann stated that in terms of the overall quality of the work, when the sod was being laid, big rocks were put in and got covered up and left in his yard. He explained that the project contractor, not the landscaper, left the materials and that he (Mr. Herrmann) picked up what he could but the rest was covered with sod. Engineer Mogan responded that if there is blame, it is against the general contractor. He explained that after the contractor finished his job, he would not respond to calls from staff. He stated that he will notify the contractor that the city is not happy with the work and has received a number of complaints. He informed Council that the landscape contractor removed as much of the debris as he could before putting the sod down. Mr. Emil Reiher, 1655 Lilac Lane, felt that the problem was the lack of coordination between the contractors. He also stated that he will no longer be able to take care of the median in front of his house because the contractor packed the area with the excess gravel from the streets. Mr. Joe Morgan, 1707 Vicki Lane, stated that he did not originally think that the water would drain properly, but it works well. He further stated that he has never seen sod look better than his when it was put down and that he feels the contractor did a good job installing the sod. Engineer Mogan informed the audience that the contractor is required to water the sod for the first thirty days, but beyond that time the property owners are responsible for maintaining the sod. He stated that staff will inspect the sod at the end of the thirty days to make sure it is green and has taken root. Page No. 9 October 7, 1997 Responding to a question from Councilmember Krebsbach, Engineer Mogan stated that staff made a real effort to inform the general contractor on proper procedures, but that obviously did not carry through in all aspects of the project. He stated that the city's inspector spent a great deal of time during the summer inspecting the project and did everything in his power to get the contractor to'do a good job. Mayor Mertensotto responded that if failure by a contractor to be cooperative ever happens again, the matter should be brought to Council as soon as possible. Council will then ask the contractor to appear at a meeting to find out how the problems will be resolved. Councilmember Smith asked what recourse the city has if the sod does not take because of all of the debris under it. Engineer Mogan responded that the final payment has not yet been made on the contract, and the city can hold money back. Mr. Fahey stated that asphalt removed from the streets was dumped into the vacant city lots. He suggested that the city have a removal agreement with the contractor so there are not future problems. He also stated that some of the fill that was brought in and placed in the boulevards was clay and junk. He also asked that additional landscaping be done, stating that he bought an evergreen as part of the boulevard tree program and planted it across the street and it was destroyed during construction. There being no further questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto informed the audience that if the assessment roll is adopted, property owners will have thirty days to pay their assessments without interest, or the assessments will be certified to Dakota County for collection over 19 years at 7% interest. Councilmember Smith moved adoption of Resolution No. 97 -67, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET RECONSTRUCTION TO SERVE TILSEN'S HIGHLAND HEIGHTS, TILSEN'S HIGHLAND HEIGHTS PLAT 2, TILSEN'S HIGHLAND HEIGHTS PLAT 3, AND SURROUNDING AREAS (IMPROVEMENT NO. 96, PROJECT NO. 4)." Page No. 10 October 7, 1997 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 PINE CREEK ESTATES Mayor Mertensotto opened the meeting for the purpose of a public ASSESSMENT HEARING hearing on assessments proposed for public improvements constructed to serve the Pine Creek Estates Addition. Council acknowledged a memo from Engineer Mogan along with the proposed assessment roll for the project. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Ayes: 5 Councilmember Koch seconded the motion. Nays: 0 Councilmember Koch moved adoption of Resolution No. 97 -68, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR PINE CREEK ESTATES AND SURROUNDING AREA IMPROVEMENTS (IMPROVEMENT NO. 93, PROJECT NO. 1)." Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 CASE NO. 97 -33, LLOYDS Council acknowledged an application from Lloyd's Barbeque for a front yard setback variance to allow construction of a 40 by 82 foot expansion to the Lloyd's Barbeque facility at 1455 Mendota Heights Road along with a request for approval of new building signage. Mr. Chuck Morset, Maintenance Coordinator for Lloyd's, was present for the discussion. Mr. Morset explained that the addition will provide a lunch room, locker room and production area, and once the construction is completed, a permanent patio area will be constructed to replace the temporary area which was approved earlier this evening. Councilmember Krebsbach moved adoption of Resolution No. 97- 69, "A RESOLUTION APPROVING A 2.72 FOOT FRONT YARD SETBACK VARIANCE AT 1455 MENDOTA HEIGHTS ROAD FOR A BUILDING EXPANSION," along with authorization for issuance of a building permit for signage. Councilmember Koch seconded the motion. J Ayes: 5 . _� Nays: 0 Page No. 11 October 7, 1997 CASE NO. 97 -35, JOHNSON Council acknowledged an application from Mr. Tom Johnson for a sideyard setback variance to allow construction of a porch addition 7'5" from the side property line at 739 Pontiac Place. Council also acknowledged associated staff reports. Mr. Johnson was present for the discussion. Councilmember Krebsbach expressed concern that many people signed a document consenting to the proposed variance, there had been discussion at the Planning Commission about the concerns of the neighbor to the west. Mr. Johnson responded that he has spoken to the neighbor, who no longer has any objection, but that he does not have written consent. Public Works Director Danielson informed Council that the Planning Commission conducted a hearing on the variance application and the neighbor did not appear or submit any objection. Regarding the recommended condition that the addition be painted to match the exterior of the house within one year, Mayor Mertensotto asked Mr. Johnson to complete the project and the painting as soon as possible so that the entire exterior matches within one year. Councilmember Smith moved adoption of Resolution No.97 -70, "A RESOLUTION APPROVING A SIDEYARD SETBACK VARIANCE FOR 739 PONTIAC PLACE FOR A PORCH ADDITION." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 97 -36, Council acknowledged an application from Dakota Bank for DAKOTA BANK variances to allow construction of a monument sign and five directional signs for the new bank building. Council also acknowledged a request from Dakota Bank for modifications to the approved landscape plan. Bank President Seidel and architects Jack Boorman Leah Kangas were present for the discussion. Ms. Kangas informed Council that the monument sign consists of a retaining wall with a sign on it, and the portion of the wall that carries the sign is not outside of the required setback. She stated that the Planning Commission did not feel that a variance is required for the monument sign. She explained that the other issues are the square footage of the directional signs and ATM signage. Page No. 12 October 7, 1997 Mr. Boorman informed Council that the monument sign is 30 feet back from the curve of the right -of -way, but the two wing walls that are extensions deal with the grade variation. Councilmember Krebsbach asked whether the originally proposed structure was concave versus convex, and whether it wasn't originally just a curved retaining wall. Mr. Boorman responded that it was a curved retaining wall, but it was in the same configuration. Mayor Mertensotto agreed with the Planning Commission determination that if the wing walls were on the originally approved plans, no variance is needed. Ms. Kangas reviewed the locations and sizes of the proposed directional signage. She explained that the reason one of the stop signs is proposed to be located on city property is because it needs to be closer to the intersection. The other variances are for size of the stop signs and size of the ATM sign. Mr. Boorman explained that the reason the signs are located so close to the frontage road is for safety. Responding to a question from Councilmember Krebsbach, Ms. Kangas stated that the stop signs are not necessarily standard signs, but signs that meet Mn/DOT requirements for break -away signs so they would collapse if they were hit. She explained that the stop signs will conform to Mn/DOT standards and requirements, including sign size that exceeds city ordinance requirements by 2 square feet. Ms. Kangas informed Council that the largest variance being requested is a four square foot variance for the ATM sign that directs the traffic from the street to the 24 hour lobby and notifies people about the 24 hour instant cash machine in the lobby. Mr. Boorman informed Council that the sign will have a Plexiglas face with fluorescent lighting behind it, and it will be lit 24 hours a day. Councilmember Krebsbach asked if the sign can be placed inside the lobby. She stated that people looking for the ATM only need a signal on where it is, and the point of development on the entire corner is that Council wants it to be community scale. She pointed out that SuperAmerica closes at 11:00 p.m. and its signage is turned off at that time. She stated that given the size of the proposed ATM Page No. 13 October 7, 1997 sign and lighting, she would like the sign turned off at 11:00 p.m. as well. She informed Mr. Seidel that she has seen similar signage inside of buildings, and if the bank wants a 24 hour sign that - signals that the ATM is open 24 hours it should be placed inside the lobby. Mr. Boorman responded that there will be security lights outside the building that will be on for 24 hours. The six to eight lights projecting lights all around the building will put out ten times as much light as the ATM sign. Councilmembers Huber and Koch felt that the sign would not add to lighting the property. Mayor Mertensotto stated that he is more concerned about what is proposed for landscaping than he is about the sign. He informed Mr. Boorman that the city's planner indicated that the changes have mostly been in down sizing the plantings. Mr. Boorman reviewed the proposed landscaping changes. He stated that the berm to the south was designed as a ten foot vertical element, a four foot berm with six foot plantings. The proposal now is for an eight foot berm and four feet of plantings. Mayor Mertensotto stated that when the project is completed and the bank begins subdividing the residential lots, Council wants to be sure that the plantings are in place to screen those lots. He asked for Mr. Seidel's agreement that he will come back and tell Council what the bank plans to do before doing anything with the berm. He did not think all the evergreens need to be removed. Mr. Seidel responded that the lots were platted as part of the overall development and none of the evergreens will be touched. He stated that the trees are in the middle of the lots. Mr. Boorman stated that when each of the lots is developed, they will have to come in as part of the review process. He explained that all of the trees will be left in tact as part of the bank's construction. Mr. Seidel stated that the bank made a commitment up front not to do anything with the evergreen trees. He also stated that the berm is on bank property. Mr. Craig Greenbergen, landscape architect for the project, explained that the sizes of the trees are being reduced from the original plan because there is an availability problem. He stated that last winter Page No. 14 October 7, 1997 was very hard on trees and shrubs and the supply is much different than was anticipated at the time the plan was designed over a year ago. He reviewed the revised plans for Council. Councilmember Krebsbach stated that she cannot support the application if the ATM sign is lighted 24 hours rather than the same hours as SuperAmerica. She pointed out that people have been able to access ATM's before the corner was approved and they can use the SuperAmerica ATM. Mr. Seidel responded that the bank gets lots of activity after hours and if the neighborhood complains, the sign could be changed. Councilmember Krebsbach stated that her concern is that restricting the lighting signals that the corner is not open for business between 11:00 p.m. and 5:00 a.m. She stated that the sign is larger than allowed by ordinance, and if the bank wants to place it in the building she would not oppose the request. Mayor Mertensotto stated that Council had a difficult time convincing SuperAmerica that they would have to close down at 11:00 p.m. and could perhaps say that the bank is being allowed to stay open 24 hours. He stated that while there could be a distinction - ' made, illumination of such a large ATM sign presents a problem. Mr. Seidel responded that the bank is a business that exists at the corner for a reason and should not be compared to SuperAmerica. He further stated that he would commit to taking care of any complaints that might arise from the sign. Mr. Boorman asked if Council would approve the sign if the entire sign face is metal so that all that would be lit would be the ATM letters which would be back lit. He suggested a dark metal face with routed, lit letters and the instant cash logo. He stated that the sign is under 20 inches long and about 4 to 5 feet high, and that two feet would be about as long as the letters could be. Councilmember Krebsbach stated that if the sign is a bank sign that signal in the corner that there is an ATM and it cannot be seen from T.H. 110 she could support the request. She asked if the bank would lower the intensity of the light if Council feels it is too bright. Mr. Boorman responded that the intensity of the light will not be any greater than the 24 hour light on the City Hall sign. Responding to a Ayes: 5 Nays: 0 Page No. 15 October 7, 1997 question from Councilmember Smith, he stated that the sign will face west. Councilmember Huber moved to express intent to grant the sign variances and to approve the landscaping and the lighting of the ATM directional sign as discussed, with the condition that the lighting be no more intense than the City Hall sign. Councilmember Smith seconded the motion. Council directed the applicants to submit a reviewed ATM sign design and revised landscaping plan for approval on October 21. RECESS Mayor Mertensotto called a recess at 10:20 p.m. The meeting was reconvened at 10:30 p.m. PRIVATE STORM SEWER Council acknowledged a memo from Public Works Director CONNECTION Danielson regarding a drainage problem at the Phillip Cohen property, 664 Pond View Terrace, along with copies of information which had been reviewed and discussed by Council in 1994. Mr. & Mrs. Cohen, and their neighbors, Mr. & Mrs. Alt, 642 Pond View Drive, and Ms. Ann Wassweiler, 640 Pond View Drive, and Ms. Barbara Hokestra, legal counsel for the Alts. Mayor Mertensotto reviewed the options which had been considered when the problem was first discussed in 1994. Council received comments from the Cohens and their neighbors and Ms. Hokestra. There was also discussion over infiltration/inflow problems within the city and the impact that illegal draining of sump pumps into the sanitary sewer has on MWCC charges. Councilmember Smith pointed out that while the city is willing to participate by facilitating a solution, the city cannot take on the problem as a city responsibility. She stated that it is not clear that a solution the city could come up with would meet with agreement from the private property owners. Ms. Hokestra responded that the city could use its statutory authority under Chapter 429 but that her client does not receive any benefit since he is not affected by the water. Attorney Hart stated that the question is to what extent the properties benefit, and that while he would guess that all would share in the cost, it would be up to an assessor to determine to what extent the Page No. 16 October 7, 1997 properties benefit. He pointed out that if it is anticipated that the benefits are not equal to the costs, the city would not be able to participate. Councilmember Smith stated that this is a complex issue for which the best solution must be found. She stated that the city must look at all of the options and must have input form the people who are living with the problem. Ms. Hokestra stated that the Alts do not wish to sue anyone but that they are looking for city help and are trying to get a timeline from the city. Mayor Mertensotto responded that Council cannot give a timeline because engineering work is done over the winter months for summer projects. He stated that if the corrections were done as a 429 project, the city could recover its expenses, but Council cannot tell what the project costs might be until a feasibility study is prepared. He pointed out that there needs to be a funding mechanism and some agreement from the neighbors, and while engineering staff can look at the issue over the winter, there is only a limited amount of staff time available. Mayor Mertensotto stated that Council is the medium to help the residents but that there needs to be an agreement that the neighbors and the city will all work together. He informed the neighbors that the city will do it best to find a solution and will meet with them again. Councilmember Smith stated that the priority is to take care of the sidewalk drainage problem immediately. She further stated that Council also needs to know how addressing the drainage problems will fit into the engineering workload, and asked that engineering give Council an idea of the time when they can work the matter into their work schedule and priorities. Council directed the public works department to begin to repairs to correct the problem of water draining across the city sidewalk as soon as possible. CRAFT SHOW SIGNAGE Council acknowledged a request from Mr. & Mrs. David Palme to approve temporary signage for an indoor craft show at Mendota Plaza on November 1, 1997. Council also acknowledged an associated staff report and letter and agreement from Paster _ Enterprises. Mr. & Mrs. Palme were present for the discussion. Page No. 17 October 7, 1997 Mayor Mertensotto stated that the letter from Paster Enterprises refers to a flea market, which is not an allowed use. He informed the Palmes that Council does not want flea markets in the city and that outdoor tree sales, etc., have not been allowed. Mr. Palme responded that the activity is a craft show and that it will be held entirely within the shopping center building. He informed Council that he would like to place a 2' by 3' sandwich sign in the middle of the entrance to the mall to attract people coming into the mall and people traveling along Dodd Road. Councilmember Huber suggested that the sign be placed somewhere along the pedway beyond the Plaza. He pointed out that the request is to place the sign several days before the activity and people will see it before the event. Mayor Mertensotto suggested that the applicants contact the bank to see if they could place a banner sign on the bank sign at South Plaza Drive. Mr. Palme stated that he would like to put a sign on the stop light at the Dodd/T.H. 110 intersection on the day of the show. Council informed Mr. Palme that it will not and cannot authorize any signage on the right -of -way. Mr. & Mrs. Palme were directed to work out a location along the pedway or a banner sign on the bank sign, and to work with Assistant Hollister, but that Council will not approve any signage at the entrance to the Plaza or on right -of -way. CELLULAR TOWERS Council acknowledged a memo and draft cellular/PCS antenna ordinance. Discussion was tabled to October 21. RUNWAY EXTENSION Council acknowledged a notice from HNTB consultants notifying the city of a comment period for preparation of an environmental assessment for the proposed extension of Runway 4/22. Council also acknowledged an associated report from Administrator Batchelder. It was Council consensus that Mendota Heights absolutely opposes any extension of runway 12R and 30L. Council directed Administrator Batchelder to work with Mayor Mertensotto and Councilmember Smith to prepare a response. Page No. 18 October 7, 1997 ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned to the October 14, 1997 joint Council/Commission workshop on the comprehensive plan.. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ATTEST: �F Charles E. Mertensotto Mayor TIME OF ADJOURNMENT: 11:55 o'clock P.M. Kathleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL October 7, 1997 Excavating Contractor License Tom Melling Excavating Gas Piping Contractor License Janecky Plumbing State Mechanical Inc. Hvac Contractor License Advantage Air, Inc. General Contractor License Capitol Fence Co. Inc. Johnson & Peterson, Inc. Joseph Construction of St. Paul, Inc. State Mechanical Inc. Twin City Corporate Construction, Inc. Drywall Contractor License Midw*st Superior Drywall Viking Drywall Inc.