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1996-11-05 Council minutesPage No. 1 November 5, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 5, 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:04 o'clock P.M. and explained a public election return program would be simultaneously broadcast on government access Channels 18 and 33. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised meeting agenda. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the September 17, 1996, Council meeting as corrected. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved approval of the amended minutes of the October 1, 1996, Council meeting as corrected. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting and to authorize for execution of any necessary documents contained therein. Councilmember Koch asked for clarification of Item (d) that there would be no more than four trucks per day on this site. Councilmember Krebsbach noted there is an arrangement to have no more then four trucks present at one time and that GNB would not request load limit restrictions be changed on Lexington. a. Acknowledgment of the minutes of the October 22, 1996 Planning Commission Minutes. b. Acknowledgment of the Building Activity Report for October. 11/11/96 MON 13:19 FAX 444 MENDOTA HEIGHTS 2002 Page No. 2 November 5, 1996 b. Acknowledgment of the Building Activity Report for October. C. Acknowledgment of Receipt of Information Regarding Pine Creek Estates Improvement Project Status. d. Approval of Modifications to the Agreement on the GNB Building Permit. e. Adoption of Resolution No. 96-85, "RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT - CALENDAR YEAR 1997." f Approval to Extend Summer Engineering Aide Employment. g. REMOVED FROM AGENDA Authorization to Hire an Appraiser and Authorization to Direct the City Attorney to Begin Legal Defense for Curley Street Rehabilitation Assessment Appeal. h. Authorization to Execute a Private Watermain Agreement between the City of Mendota Heights and Dakota County BRA for the HRA Senior Housing Facility. i. Approval to Conduct Adjourned Meetings On Wednesday, December 4 at 7:30 p.m. and on Wednesday, December I I at 5:00 p.m. for the Purposes of Conducting the City's Truth-in- Taxation/Budget Initial Hearing and Subsequent Hearing. j. Adoption of Resolution No. 96-86, "RESOLUTION GRANTING A SIGN SETBACK VARIANCE FOR MANNA FREIGHT-' I k. Approval of List of Claims. 1. Approval of the List of Contractors. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mayor Mertensotto welcomed Bob Franklin, an instructor from the University of St. Thomas, along with his class of media reporting students. 11/11/96 MON 13:19 FAX 444 MENDOTA HEIGHTS 0003 Page No. 3 November 5, 1996 INTRODUCTION Mayor Mertensotto introduced Mrs. Mendota Heights 1997, Margaret Dutcher. Mrs. Dutcher explained she has lived in Mendota Heights since 1991. She is a musician, having graduated from Hamlin University with a degree in music education. Mrs. Dutcher is currently working part-time as a registered nurse for United Health Care. She became acquainted with the Mrs. Minnesota Pageant in January 1996 at the Women's Expo. Mayor Mertensotto thanked Mrs. Dutcher for visiting with the Council and wished her success in the upcoming pageant. BID AWARD Mayor Mertensotto explained the bids which had been received relative to the fire hall roof replacement noting the low bid was received from Berwald Roofing Company in the amount of $64,673. Councilmember Smith moved accepting the bids and awarding the contract to Berwald Roofing Company in the amount of $64,673, including Alternate Item No. 1 in the amount of $2,636 for this item. Councilmember Krebsbach seconded the motion. Councilmember Smith asked if references had been checked and Mayor Mertensotto noted two references were checked and returned very favorable. Ayes: 5 Nays: 0 CONSIDERATION OF TOBACCO RESTRICTION ORDINANCE Mr. Steven Markes has requested the City Council consider an ordinance which would restrict youth access to tobacco in Mendota Heights. Mr. Markes has been working with Ms. Gina Adasiewicz, Prevention Specialist at the Dakota Alliance for Prevention (DAP). DAP is supporting the League of Minnesota Cities model policy as the uniform policy for the consideration of municipalities in Dakota County. Mayor Mertensotto asked Mr. Markes if any other ordinances had been considered since the proposed ordinance is extremely detailed. Mr. Markes stated he felt the ordinance was detailed to allow cities to choose options within the ordinance and to tailor the ordinance to meet the needs of the City. Ms, Gina Adasiewicz appeared and explained the program noting it has been found there is a 40 percent success rate of the purchase of tobacco by minors in Mendota Heights. Ms. Adasiewicz acknowledged 11 /11/96 MON 13:20 FAX 44-► MENDOTa HEIGHTS Z004 Page No. 4 November 5, 1996 1 the ordinance is very detailed, however it has worked with individual cities. Councilmember Krebsbach requested an explanation of the penalty for sale of tobacco to minors. Ms. Adasiewicz explained it is currently a gross misdemeanor if a clerk sells to a minor. Minnesota does not provide a penalty for the vendor. The League of Minnesota Cities addresses penalizing the vendor through an administrative process. Councilmember Krebsbach stated she would want to be clear on the Minnesota State Law versus the League of Minnesota Cities ordinance. Ms. Adasiewicz stated the City can choose to penalize the vendor with a graduated fee type penalty. This would be an option to be decided by the City Council. The clerk, however, could still be subjected to criminal prosecution. Ms. Adasiewicz pointed out the ordinance could include a provision for twice per year checks to monitor compliance. License fees could be increased to cover the cost of the compliance checks. Councilmember Koch inquired if the City ordinance would supersede the State statute. Ms. Adasiewicz stated the City would not supersede the State. Councilmember Koch pointed out if the City is working with the State and this could be achieved through State statute, there would be no need for a city ordinance_ Ms. Adasiewicz felt there would be a benefit to the City taking some control pertinent to their own city. Mayor Mertensotto asked the students from St. Thomas for their input. Alison Kelly agreed with the proposal noting she has smoked since she was 14 years old and never had a problem purchasing cigarettes_ Mayor Mertensotto felt it would be important to get the cooperation of other cities to obtain legislation which would be widely used. He requested copies of the ordinances which have been adopted by other cities. He expressed concern with the amount of detail involved in the ordinance and felt decisions would need to be made on how to conduct the program as well as how it would be funded. Councilmember Smith requested comments from the police Department be forwarded as well since these are issues which need to be dealt with. Mr. Markes noted the City would have the option of making the penalty administrative or a misdemeanor. Councilmember Krebsbach expressed concern if the penalty is too harsh, it could potentially not be enforced. Mayor Mertensotto felt the focus should be on the vendor as opposed to the person making the mistake. 11/11/96 MON 13:20 FAX -►-*4 MENDOTA HEIGHTS 2005 Page No. 5 November 5, 1996 TREE PRESERVATION ORDINANCE Administrative Assistant Patrick Hollister reviewed this matter, noting Ms. Ridder has verified that his memo of October 25, 1996, accurately represents her position. Ms. Kathleen Ridder appeared to address any questions or concerns of the Council. Councilmember Smith stated the intent was not to restrict the cutting of all trees, but trees under certain conditions. She felt the first ordinance was more restrictive and suggested adding a preamble outlining the Council's intent. Councilmember Smith felt the Council's primary concern was with respect to perimeter trees on developable property. Mayor Mertensotto explained the reason for the present tree moratorium was due to a clear cut which took place at the east end of the bridge cleating five to six acres. This resulted in the removal of many large trees regardless of the type or size of trees they were. The Council did not want to restrict a home owner who has dead trees on their property. The moratorium was in place for one year and then extended for six months. Ms. Ridder stated her position is accurately explained in the discussion provided to Council. She felt Appendix A was too restrictive. Ms. Ridder noted she and her husband own the largest piece of property in the city and feels the ordinance was directed toward their property alone since most of the remaining property in the city has been developed. Mayor Mertensotto pointed out the proposed ordinance addresses the clear cutting or indiscriminate removal of significant trees. Councilmember Smith did not feel this would target only the Ridders' property. Properties of one and two acres would be considered developable lots to which this ordinance would apply. Mayor Mertensotto stated there are enough parcels which could fall under the 70 percent rule and be divided into two separate properties. Councilmember Krebsbach inquired if it would be the goal of the Ridders to grade and develop the land. Ms. Ridders commented they have no plans to do anything at this point. She felt the tree ordinance targeted their property. Councilmember Krebsbach felt the first ordinance generated made property owners fearful they would not be allowed to manage their own property. She stated the Council would like a moratorium where the City has the ability to work with the property owner to allow for some consistency between developments. Page No. 6 November 5, 1996 Ms. Ridder expressed her opinion this is an unfair burden to place upon the last largest piece of land in the City. Councilmember Krebsbach commented it is not unusual for suburban municipalities to have some sort of tree preservation ordinance. Councilmember Huber noted there are other parcels of land which would be affected by the ordinance and stated it was his personal feeling that Appendix A is more restrictive due to Section 2.1 which defines a significant stand of trees. Councilmember Huber generally supported the views of Councilmembers Smith and Krebsbach with respect to guarding against a clear cutting. Councilmember Smith stated she would like to work with the property owners as well as preserving the good intentions of today. Mayor Mertensotto asked if aerial pictures are available of the city. Public Works Director Jim Danielson stated these would be available. Mayor Mertensotto requested staff look at the undeveloped parcels of land and see where concerns would lay with respect to clear cutting. Ms. Ridder felt Appendix B to be least restrictive. Mayor Mertensotto felt a better inventory needs to be taken of what the City is trying to protect and suggested specifically speaking with the land owners to get their input. Councilmember Smith noted her agreement stating the City needs to work with the affected property owners. CASE NO. 96 -31: ACACIA CEMETERY RESOLUTION NO. 96 -87 Administrative Assistant Patrick Hollister addressed this matter explaining the plan to install a 40' high bell tower at Acacia Cemetery for use during memorial services. Kurt Bentley of Acacia Cemetery appeared and addressed the Council. Mayor Mertensotto inquired as to the appearance of the bell tower. Mr. Kurt Junkert noted the bell tower is constructed of 6 x 6 x 4 quarter inch steel and will be dark bronze in color, in addition to making an attractive presentation. Mayor Mertensotto asked if the volume of the bells could be controlled. Mr. Junkert noted the sound of the bells is reproduced and the volume can be controlled. The bells are approximately 56 decibels. He noted the majority of the sound will be directed down the hill toward the cemetery. Mayor Mertensotto thanked Mr. Bentley and Mr. Junkert for attending the meeting. 11/11/96 MON 13:21 FAX MENDOTa HEIGHTS x007 Page No. 7 November 5, 1996 i He noted the majority of the sound will be directed down the hill toward the cemetery. Mayor Mertensotto thanked Mr. Bentley and Mr. Junkert for attending the meeting. Councilmember Smith noted with respect to height variances and towers there are concerns for the structural integrity of the tower for safety purposes. In addition, she noted the tower is aesthetic. Mr. Bentley explained he has obtained the engineer's approval for this project and these approvals are on file with the City. Mayor Mertensotto noted the Planning Commission had given their approval. Councilmember Huber inquired as to the visibility of the tower if a person were not on the cemetery grounds. Mr. Bentley stated it could not be seen if the person were not on the approach. Mayor Mertensotto noted the nearby properties are well removed and screened from this area. Councilmember Smith moved adoption of Resolution No. 96 -87, "GRANTING TWO HEIGHT VARIANCES FOR ACACIA CEMETERY." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 MCNEILL PROPERTY ACQUISITION/ STREET SWEEPINGS SITE Public Works Director Tim Danielson reviewed this matter requesting the Council give staff the authority to contract with Barr Engineering to provide services as outlined in the proposal. All project costs will be funded out of TIF. Ken Haberman of Barr Engineering appeared. He explained the county and state have identified past practices associated with petroleum contamination and general waste material disposed of on the property as well as contamination which was detected from an off site source. Solvents have migrated through the ground water and contaminated a private well on the property. For some years, the PCA has provided bottled water to the residents and, therefore, that well is no longer in existence. Mr. Haberman noted contaminated property may be acquired and if the City can distinguish its actions from past actions, the liability protections may be passed on to the City. In this particular case, the City would be eligible for liability protection and not be held responsible for cleaning of contamination. Mr. Haberman explained if 11/11/96 MON 13:22 FAX 444 MENDOTA HEIGHTS 16008 Page No. 8 November 5, 1996 i the development or land use encounters the contamination and there is not a way for it to distinguish itself, there would then be a need to do some mitigation. In the case of petroleum contamination, the State has a fund through which the City can be reimbursed for up to 90 percent of those costs. Mr. Haberman noted the real issue to be that there has been some investigation completed on this particular piece of property. The last investigation was in 1992. Mr. Haberman explained the first step would be to obtain access to the property to perform a site inspection. He noted the PCA has the authority to gain access to contaminated property. Mayor Mertensotto question if the proposed $12,115 would include all other costs. Mr. Haberman stated it would not include the costs if contamination was found after the inspection. At that time another proposal would be submitted. Mayor Mertensotto stated his concern would be to have a cap on the cost. Mayor Mertensotto recessed the meeting for an election telecast at 9:35 p.m. and resumed the meeting at 9:40 p.m. l Councilmember Krebsbach inquired why the City would need to spend this money to deposit street sweepings_ In addition, she inquired with respect to the Petro Fund. Mr. Haberman stated the Petro Fund was a law and a source of state frauds which was created in 1987 -88. This particular property has a storage tank and there were releases from that tank and a question arose whether the contaminated soil had been remediated. Mr. Haberman explained several rationales for this type of work. Mayor Mertensotto explained if the City acquires and condemns the property as a disposal site, the City will need to spend the $12,000 to ascertain the condition of the property and the status of the contamination. Councilmember Smith inquired if street sweepings would be a good mix with respect to what is presently at the site. Mr. Haberman explained solvent and petroleum contaminants are very different from street sweeping contaminants. He noted physically the location of materials can be changed and some clean up can be done, including the addition of clean fill to allow for better management practices. City Attorney Patrick Duffy asked if the costs would include the cost of the VIC program. Mr. Haberman noted that cost is not included and the hourly rate would be approximately $85, subject to change 11/11/96 MON 13:22 FAX Ayes: 5 Nays- 0 MENDOTA PLAZA SHOPPING CENTER SIGN POLICY 444 MENDOTA HEIGHTS Z009 Page No. 9 November 5, 1996 quarterly. There would be no application fee. The cost is driven by the number of hours spent doing the reports and meeting with the City. Mr, Haberman stated a No Association Determination ranges in cost from $1,000 to $5,000. City Attorney Duffy noted a request for a No Action Letter as well as technical assistance. He asked if these requests are included in the $1,000 being requested. Mr. Haberman noted they are included in that cost. Mayor Mertensotto expressed concern the City have some control over the expenditures which would be made. He noted the City would be committed initially until the contamination can be identified to the extent of $12,115 without prior approval. Councilmember Smith moved to proceed with the acquisition of the McNeill site, contracting with Barr Engineering with a cap of $12,115 and approving the proposal of Barr Engineering, authorizing the Mayor to execute the contract. Councilmember Koch seconded the motion. Public Works Director Jim Danielson addressed this matter explaining a second sign has been requested for the south side of the building. The proposed sign will contain 22.66 square feet of signage and will state "Dentist." The request will meet the requirements of Paster Enterprises proposed sign criteria amendments which are also before the Council for review and approval. Danielson asked if the Council desires signs to be allowed on the back wall. Mayor Mertensotto noted this is a PUD and there is a sign ordinance in the City. He asked to what degree the policy of the shopping center follows the ordinance and would a precedence be set with respect to allowing this request. Danielson noted the City has been following the ordinance. The amount of signage is usually directly related to the amount of frontage which is available. City Administrator Kevin Batchelder noted any sign which is erected at the plaza would have to comply with the sign criteria adopted as a part of the PUD or the sign criteria plan of the plaza. If there was not a PUD or a sign criteria for Mendota Plaza, a tenant or the plaza would need to come before the City with each individual sign request which would be compared against the City zoning ordinance. 11/11/96 MON 13:23 FAX 144 MENDOTA HEIGHTS [a 010 Page No. 10 November 5, 1996 Administrator Batchelder did not believe the Mendota Plaza Shopping Center sign criteria is creating variance or deviation from the general zoning sign provisions. It is perhaps more restrictive in that it limits the location, size and type of sign which can be put up at the plaza. This is more stringent than the present zoning ordinance. Mayor Mertensotto asked if this request were granted, would this open up the opportunity to allow signs all around the building. Danielson noted this is the concern to be addressed. Mayor Mertensotto expressed concern the lighting is then exposed to surrounding residential properties. In addition, he noted the sign appears quite massive. James Everson of Paster Enterprises appeared and noted the sign being requested by Dr. Wild is within the requirements of the shopping center criteria. Mayor Mertensotto felt the hours of illumination and the intensity of the sign should be addressed. He further noted any other entity wanting a rear entrance would desire a sign. Mayor Mertensotto stated he would like to discuss this matter with the applicant to ascertain the minimum which would be acceptable and what restrictions could be agreed upon. Mr. Everson stated he would loop into this matter. Mayor Mertensotto tabled this matter pending a response from Mr. Everson. SIGN PERMIT REQUEST MENDOTA PLAZA (DR. PAUL WILD FAMILY DENTISTRY) This matter was considered along with Agenda Item 9(e) above. CASE NO. 96 -32: WETLANDS PERMIT AND CUP RESOLUTION NO. 96 -88: Public Works Director Danielson addressed this matt er and noted plans are being developed with the MPCA and the Corp of Engineers to improve the pedestrian/cyclist crossing at the southeast corner of the intersection of Highway 110 and Idighway 149, Mayor Mertensotto asked for clarification of the purpose of the Conditional Use Permit. Danielson noted the purpose of the CUP is for the fill, explaining any fill project over 400 cubic yards would need a permit. Mayor Mertensotto asked if this would be limited to putting in fill„ noting the Council has not received any design plans. Danielson stated 11/11/96 MON 13:23 FAX Ayes: 5 Nays: 0 AMN.PS 1997 LEGISLATIVE POLICY PROGRAM 414 MENDOTA HEIGHTS Z011 Page No. 11 November 5, 1996 the permit is limited to the fill, noting design plans will be brought before the Council when they are completed. Councilmember Smith asked for confirmation that the proposal will not have any impact on the wetland itself and that it will not impair the function of the wetland. Danielson confirmed this and stated this will simply extend the culvert far enough to widen the boulevard area to allow for the construction of an eight foot wide trail. Councilmember Smith moved adoption of Resolution No. 96 -88, "GRANTING A WETLANDS PERMIT AND A CONDITIONAL USE PERMIT FOR LAND RECLAMATION TO THE CITY OF MENDOTA HEIGHTS." Councilmember Koch seconded. Mayor Mertensotto reviewed this matter explaining the Association of Metropolitan Municipalities is hosting their annual policy adoption meeting on November 14, 1996, to consider the 1997 Proposed Legislative Policy Program. The Council is being requested to review the draft 1997 Policies and Legislative Proposals and provide direction to staff on Mendota Heights five priority policies. Mayor Mertensotto commented City Administrator Kevin Batchelder has been working through AMM. Batchelder explained Mendota Heights drafted Paragraph D5 in the policy. The AMM committee unanimously endorsed that draft which was submitted. Reflected on the Policy Committee List of Priorities, Paragraph D5 is listed as one of the top four priorities to be recommended to their Board. Paragraph D5 concerns local planning implementation and addresses Mendota Heights concern with respect to the Comprehensive Plan superseding a zoning ordinance as was written into the 1995 Minnesota Land Planning Act. Mayor Mertensotto commented on issues such as equitable noise distribution with respect to airport activity. He inquired if there would be a separate meeting for adoption of the policy. Batchelder stated the AMM Policy Adoption Meeting is scheduled for November 14 and the League Policy Adoption Meeting is scheduled for November 22. Mayor Mertensotto inquired if the same request would be made to the League. Batchelder stated it would be the same request and it will be provided to the Council at the November 19 meeting. Batchelder noted he will attend the meeting and explained the City of Mendota Page No. 12 November 5, 1996 Mayor Mertensotto felt the City should oppose the direct payment by the State to the County and giving credit on the tax statement. Councilmember Smith suggested another priority would be public right -of -way. The Council was in support of that suggestion. Councilmember Koch suggested IIA. COUNCIL COMMENTS Councilmember Huber thanked staff for their support. Councilmember Krebsbach noted in speaking with residents there are concerns with respect to traffic speed and the large number of children waiting on the corner of Chippewa as well as Annapolis in the morning. There is also a concern with respect to speed on Walker and Emerson. Councilmember Krebsbach also stated concern had been expressed with dirt coming out of the construction site in addition to concerns relative to the stones at Kensington Park. Administrator Batchelder noted this is the second summer in which park construction has not occurred. The original design was not feasible due to the amount of grading which is necessary. This would have cost more than the estimate or the budgeted amount. He explained the plans have been scaled back. Mayor Mertensotto asked this issue be addressed since the area appears unkempt. Councilmember Krebsbach suggested touching base with area residents for their input. Mayor Mertensotto noted a question arose concerning the pedway along Highway 110 on the north side. The residents on the frontage road do not want the pedway between their property line and the frontage road. Councilmember Smith noted a letter had been sent to the County regarding this matter. Mayor Mertensotto requested staff follow up on this issue. Councilmember Smith recalled the County stated they would require a fence and Council was not in favor of this. Mayor Mertensotto felt the issue needs to be addressed and asked staff to follow up on this. Mayor Mertensotto commented there has been a third water break in two years at the Georgetown Townhomes on Maple Park Drive. He noted one of the criteria in the replacement policy and maintenance under the agreement requires if three breaks occur, another line will be put in to replace it. Public Works Director Danielson will review this matter. ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to a closed session to discuss labor negotiations and adjournment to the November 6 Canvassing Board Meeting at 5:00 p.m. Page No. 13 November 5, 1996 Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:35 o'clock P.M. Kathleen M. Swanson, City Clerk - 1 � ': , �, q, Charles E. Mertensotto Mayor Transcribed by: Cheryl Wallat TimeSaver Off Site Secretarial