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1993-11-16 Council minutesPage No. 3821 November 16, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 16, 1993 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, 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 Huber moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the November 2, 1993 regular meeting as amended. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item 5f, Tharaldson Development, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the November 9, 1993 Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for October. c. Acknowledgment of the Public Works Department monthly report for October. d. Acknowledgment of the minutes of the October 6, 1993 NDC-4 meeting. e. Acknowledgment of the Fire Department monthly report for October. Page No. 3822 November 16, 1993 f. Approval of the continuation of the Skemp stop sign request to the December 7th meeting. g. Authorization for the purchase of an IBM compatible computer system with alternates for the Administration department from Spectrum Computer and Printer Repair, Inc., for its low quote of $4,484.00. h. Approval of the List of Claims dated November 16, 1993 and totalling $426,616.49. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 THARALDSON DEVELOPMENT Mr. Ken Scheel, from Tharaldson Development Company was present to request approval for an increase in the number of units which had been approved for Tharaldson's hotel. He explained that Tharaldson has finalized its agreement with Northwest Airlines and Northwest has asked that a second spa, a second elevator, a small kitchen and 8 rooms be added to the plan. He explained that the plan which has been approved provides a 50/50 mix of 12 foot and 1216" width rooms and Tharaldson now proposes to accommodate the Northwest request by having a standard room width of 12 feet and by adding one bay to the building to provide four additional units on the front of the building and four on the back. Mayor Mertensotto asked if the parking requirements will change when the hotel becomes a retail facility. Mr. Scheel responded that he does not believe so because in the initial site plan the parking area was oversized and Tharaldson was asked by the city to reduce the number of parking spaces. Mayor Mertensotto pointed out that at such time as the facility is opened to the public, Tharaldson will have to appear before Council for approval of a revised parking plan and build parking according to that plan. He stated that if the proposed building revisions are approved, Council should adopt another resolution showing the nature of the revisions and delineating that all the terms and conditions of the original resolution which Page No. 3823 November 16, 1993 Councilmember Huber stated that during discussion on the conditional use permit, Council had discussed the issue of a kitchen because Council does not want the facility to include a restaurant when it becomes a retail hotel. He asked if the kitchen which is now being proposed will have the capacity to take on a food service function. Mr. Scheel responded that if the facility ever becomes a full service retail hotel, the kitchen would be removed and a pool would take its place. He suggested that this condition be placed in the approving resolution. Councilmember Huber stated that providing food service to a 125 room complex may require proper docking for food service vehicles. Mr. Scheel responded that given the way the Northwest employees will flow in and out of the building and the change over between shifts there will probably only be between 60 and 70 people in the hotel at any given time. About 2/3 would be occupied and 1/3 will be constantly shifting. He explained that Northwest will provide the food service. Mayor Mertensotto stated that the proposed resolution will include a requirement that public health requirement regarding food service must be met. Mr. Scheel responded that he is in the process of preparing plans for submission to the health department and will send a copy of the application to the city when it is submitted to the state. Councilmember Smith moved adoption of Resolution No. 93-73A, "RESOLUTION AMENDING RESOLUTION NO. 93-60, RESOLUTION APPROVING A SITE PLAN, VARIANCES AND A CONDITIONAL USE PERMIT ALLOWING A 117 UNIT HOTEL IN THE "I" INDUSTRIAL ZONING DISTRICT," to allow 125 units, with terms and conditions of Resolution No. 93-60 to stay in full force and effect, and on the condition that when the facility is no longer used for contract purposes the intent of the owner is to transfer the kitchen facility into a swimming pool, and to grant an amended building permit subject to review and approval of the plans and specifications by Page No. 3824 November 16, 1993 the Code Enforcement Department. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 PONDVIEW TERRACE Council acknowledged a petition from five DRAINAGE (COHEN) property owners on Pondview Terrace for city assumption of the responsibility for maintaining an extension of a storm sewer to provide access to interior lots on Pondview. Council also acknowledged a copy of a letter from Schoell & Madson, Inc., (on behalf of Copperfield Associates) to selected bidders, requesting bids for the installation of a drain tile from Lot 4, Block 6, Copperfield Third Addition to the public storm sewer, and a copy of a letter from Schoell & Madson to Lyman Lumber regarding the drainage problem and recommended solution. Council also acknowledged copies of the bids received by Copperfield Associates and an application from Brown & Cris, Inc., for a utility permit to work on city right-of-way. Mr. Phil Cohen, 644 Pond View Terrace, stated that he built his home in 1988, during a drought. He informed Council that now his sump pump exhausts its 10 gallon drum every ten minutes and in the winter there is nothing he can do because the water freezes immediately. He explained that he has worked out an agreement with the developer of Copperfield and his neighbors, and he reviewed the recommendation of Schoell & Madson for installation of a pipe to connect to the storm sewer at the corner of Pond View Drive and Waters Edge Terrace and be placed in the drainage and utility easement along the back line of Lot 5 to his property. He stated that the portion of the pipe located on public land will be available to all of the neighbors should the need arise. He informed Council that he is not asking for funds for the project but rather for the city to maintain the extension. He explained that if he had to do the maintenance it would require him to work on three lots plus the boulevard and would require considerable cooperation which he cannot guarantee. He further stated that the pipe will provide access to the city's storm sewer which he currently does not have. Mr. Cohen stated that he would like to begin construction but needs an agreement from the Page No. 3825 November 16, 1993 city to ensure his neighbors' cooperation and that he is petitioning that the work be done as a public improvement project. He stated that the need to do the work now is urgent because of the weather, that he has the cooperation of his neighbors and the developer and workmen are poised to begin the project. Mayor Mertensotto stated that freezing is a major concern, and pointed out that Council must have assurance from the Schoell & Madson that the work will be done properly so that the freeze -up problem is resolved. He also stated that there should be easements granted to allow the city to do maintenance and that there should be a manhole. He pointed out that the city must have control over what will be discharged into the pipe - Council would not want it to become a discharge point for anything other than ground water, particularly no type of hazardous waste - and the city must receive assurance from Mr. Cohen and subsequent property owners. He explained that any owner who hooks into the system would have to sign an agreement binding them and their successors to be responsible for the type of discharge. He stated that the City Attorney will have to prepare the agreement, at the property owners' expense, to provide that nothing containing contaminates will be discharged, and Mr. Cohen would be required to record the agreement at the County. Engineer Eckles reviewed the drawings which were prepared by Schoell & Madson. He explained that the plans show a minimum four foot to just over five foot pipe depth. He stated that in an easement area this depth would typically avoid freeze -up. He pointed out that there was some discussion in the report that the grade may be changed somewhat to avoid utility lines. He informed Council that the city must receive assurance that the line will be no less than five feet deep to protect against freezing, and stated that the pipe should be as deep as possible. Mayor Mertensotto agreed, stating that the pipe should be at least five feet deep, but six feet would be preferable. Mr. Cohen stated that there is a grade which 1 must be maintained and he will try to keep the pipe as deep as possible. Page No. 3826 November 16, 1993 Mayor Mertensotto asked what the fall on the line must be. Engineer Eckles responded that it must be a minimum of a 1% grade and in this case it is 1.6%. He explained that the steeper the grade is, the faster the water flows. He stated that the pipe depth is limited by the catch basin and storm sewer, which is about five feet deep. He stated that freezing in the storm sewer does occasionally occur but is seldom a problem. He informed Council that he believes there are other cases where people are dumping into the storm sewer and he is not aware of any problems. Councilmember Smith stated that there must be some general pattern that is followed for dumping from sump pumps. She further stated that Council must make sure that what is done for Mr. Cohen can be done for others as well. Mayor Mertensotto agreed, stating that Council must be sure that the system will work properly. He suggested that Schoell & Madson be requested to give the city a letter regarding what experience it has had with freeze-ups, and assuring that the line will e deep enough to avoid freeze-up. Councilmember Smith asked Mr. Cohen if he would be willing to accept that the city will not take responsibility if the system backs up. Mr. Cohen responded that he would. Mayor Mertensotto stated that the would rather see that the system is properly engineered and that Council must know up front that it will work properly. He informed Mr. Cohen that the city will not be responsible for any freeze-up problems. Attorney Hart stated that one way of dealing with the matter would be to exempt the city from any liability based on the engineered plan or damage from freeze up. Mr. Cohen agreed with the recommendation. Councilmember Huber stated that Council should require a letter from Schoell & Madson on where they are using the system currently and how it works. He asked if more manholes should be required. Page No. 3827 November 16, 1993 Engineer Eckles responded that two manholes are shown on the plans. He recommended adding one more, on the Lot 1, Block 6 property line, stating that the city requires a clean out every 100 feet if public improvement projects. Mayor Mertensotto informed Mr. Cohen to tell the contractor that the city street must be returned to its original condition after construction is completed. Mayor Mertensotto reiterated the conditions which would be required, from Schoell and Madson; an additional clean- out; and preparation of a developer agreement by the City Attorney, in recordable form and at the expense of the property owners, including the expense of recording. He stated that until the agreement is signed and recorded and a letter is received from Schoell & Madson, the city will not provide maintenance. Attorney Hart stated that he will need the names of All parties to the agreement and the legal descriptions of the properties. Councilmember Smith moved to approve the request by Mr. Cohen and the Pond View Terrace property owners for the installation of a drain tile improvement to serve Lot 4, Block 6, Copperfield 3rd Addition, subject to the conditions discussed this evening, which include entering into a developer's agreement in recordable form binding current and future owners with respect to discharge, receipt by the city of a letter from Schoell & Madson, that any changes recommended by the City Engineering Department be made, and with the understanding that the city will not be responsible for maintenance until the developer's agreement is recorded and all conditions have been met. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 HEARING: STREET LIGHT Mayor Mertensotto opened the meeting for the DISTRICT EXPANSION purpose of a public hearing on an expansion of the city's street light district. Council acknowledged a report from Treasurer Sh4Ughnessy regarding a petition received from Page No. 3828 November 16, 1993 Northland Properties and Big Wheel to include the former MAC area in the district. Mayor Mertensotto asked for questions and comments from the audience. Mr. Martin Valencour, 2085 Valencour Circle, asked if his property would be included in the district. Treasurer Shaughnessy responded that it is not, stating that the district would extend to Acacia Boulevard. Mr. Valencour stated that he would like to be included if possible, stating that he would like to have the light at T.H. 55 and Acacia Boulevard put back. He was concerned over the lack of lighting at the intersection of the new bridge, Acacia Boulevard and his road. Treasurer Shaughnessy explained that the district can be expanded at any time upon receipt of an appropriate petition, but that the property must be zoned commercial or industrial. Staff was directed to contact Mn/DOT and to see what can be done to resolve Mr. Valencour's concern. There being no further questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Huber moved adoption of Ordinance No. 296, "AN ORDINANCE EXPANDING COMMERCIAL STREET LIGHTING TAX DISTRICT IN THE CITY OF MENDOTA HEIGHTS." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 FRIENDLY HILLS STREET Council acknowledged supplementary feasibility IMPROVEMENTS report from Engineer Eckles regarding the proposed Friendly Hills street improvement project. Council also acknowledged numerous letters and petitions for and against proposed improvements. Mr. Rich Wold, 754 Mohican Lane, urged Council to look at the petition and letters which he Page No. 3829 November 16, 1993 felt show that the majority of people in the area oppose total reconstruction. Councilmember Huber responded that the staff report indicates that the owners of 124 properties oppose the project and 60 support it. Mayor Mertensotto stated that he feels full reconstruction is best and expressed the feeling that the cost is the real underlying factor, particularly in view of the upcoming school district bond referendum. He felt that there is a distinction between the sections of Friendly Hills and pointed out that responses from the First Addition property owners were about evenly pro and con. He recommended that nothing be done in the Second and Third Additions at this time and that Council consider the First Addition as a separate project area, waiting until after the first of the year to see what the real estate tax situation looks like. He suggested that Council consider a feasibility study for the First Addition some time after January 1, stating that he believes that improvements in the First Addition would be an example for the neighborhood. Mr. Wold responded that it is important to recognize that the first and second addition property owners do not want to be forgotten and that those additions need street improvements. He asked when the two additions would be considered for street improvements. Mayor Mertensotto pointed out that responses from those property owners have been two to one against the reconstruction project and that he felt doing just an overlay project would be dumping $1,500 per lot "down the drain." He informed Mr. Wold that the property owners can submit a petition for improvements at any time. He stated that the city has prepared a detailed analysis of whether to do the improvements or not and that he would hate to do a project to improve the streets and then find that the money has been wasted. Engineer Eckles reviewed the differences between a simple overlay project and full reconstruction. Page No. 3830 November 16, 1993 Councilmember Huber stated that if Council were to go ahead with First Addition improvements, he would prefer that those improvements be done first so that Council can see how it turns out and what the costs are, and wait to do something with the other two additions. He stated that the earliest anything could be done in the second and third additions would be 1995. Mayor Mertensotto stated that if there is a neighborhood concern for improvements, nothing can be done until 1995. He pointed out that the First Addition has demonstrated that it can be separated, if it is economically feasible. He acknowledged a letter from James Losleben a requesting Hazel Court overlay and a response from the city staff. He stated that Council should advise the Hazel Court property owners that if they are interested in an overlay they should petition for it so that it can be included in the 1994 construction year. He informed the audience that Council has also received a petition for street improvements from the Curley Addition. Councilmember Huber stated that when Council last met there was strong written opposition to reconstruction. He informed the audience that while he stated last meeting that he was leaning towards voting against reconstruction, there are now 60 property owners who are asking that something be done. He felt that if just an overlay were done Council would be telling those 60 property owners to come back in 20 years to ask for reconstruction. He explained that the rationale he sees in waiting for the second and third additions is simply to see, before Council commits itself to a decision the neighborhood will be stuck with for 20 years, if the opinion of property owners will change after they see first addition improvements. Mr. Wold expressed the concern that costs will go up considerably in two years. Councilmember Smith agreed that it is essentially a 20 year decision. She pointed out and there are water problems in the area and that while Council cannot envision that storm sewer will correct all of the water problems, it would certainly improve the situation. She stated that she is encouraged Page No. 3831 November 16, 1993 to find out that if storm sewer is available, sump pumps connected to it. She also felt it appropriate to delay a decision to allow more time to assess the real problems, and stated that there is a clear indication from the first addition to do the reconstruction project. She stated that she has much respect for those who don't want the improvements if they do not change their minds after they have time to think about it. She further stated that she cannot support a simple overlay project at this time. Councilmember Huber stated that much information has been received in the last two meetings and that he would like the opportunity to make sure that all of the facts are correct. He pointed out that the first meeting largely discussed aesthetics and two weeks ago, much of the focus was on the water problem. He pointed out that the decision is major and suggested that perhaps an opportunity can be given to residents in the intervening time to meet with city staff for answers to their questions and for information and education. Mayor Mertensotto felt that it would be inappropriate for Council to make a decision for the second and third additions that would be a 20 year decision. He suggested waiting to see what develops if the first addition improvements are done and are successful. He stated that Council does not want anyone to get the impression that urban streets and storm sewer will solve the basement water problems, but discharging sump pumps into a storm sewer system would be helpful. He informed the audience that Council would conduct a public hearing on proposed first addition improvements. Councilmember Krebsbach stated that she would not want to adversely impact the rest of Friendly Hills in terms of no street improvements. She further stated that she would like to set a target date to look at those additions again. She felt that the first addition streets are in the best shape, although they have water problems needing storm sewer, and stated that she would like to give the property owners an opportunity to respond. Page No. 3832 November 16, 1993 Mayor Mertensotto stated that staff needs to know its work load for 1994, but that nothing would stop any Council member from raising the issue of second and third addition improvements again. Councilmember Krebsbach stated that she was going to recommend that Council wait for a rainy season for the neighborhood to look at how the run -off is. Mayor Mertensotto pointed out Council has received a petition for the city to address surface water problems in the First Addition. Mr. Ken Radke stated that when he circulated the petition he found there were more water problems in the addition than he had realized, and spoke to a woman who said she had spent $30,000 on water problems in her house. Councilmember Krebsbach felt some of the other streets in Friendly Hills are much more in need of repair. She stated that she would hate to see street improvements put off until the summer of 1995. She stated that she would like to wait until after a full rainy season and revisit the matter in late summer of 1994. Mayor Mertensotto responded that he does not believe Council has a choice because the property owners are telling Council to do nothing. Mr. Wold stated that perhaps the second and third addition property owners should continue to talk so that some improvements can be done. Engineer Eckles stated that when staff looked at the project as a total reconstruction project, in all cases it was assumed that it would take two years to complete unless only an overlay was ordered. He explained that staff anticipated that only about $1 million of work would be done in a year if total reconstruction were ordered. Councilmember Krebsbach recommended setting a date to again look at the entire Friendly Hills community next summer. Councilmember Huber stated that he would be disinclined to set a date tonight because he would rather make a decision on the second and Page No. 3833 November 16, 1993 third additions after the first addition improvement is completed so that people have an opportunity to look at it and see what the experience is. Mayor Mertensotto stated that staff is advised that Council is considering revisiting the issue in April or may. He directed that an article be included in the next city newsletter regarding what Council's general thought process has been for the three additions and that Council is considering doing two separate projects and conducting a public hearing around May 1. Councilmember Krebsbach stated that she would like to push the date back until after the rainy season. She further stated that she would support looking at the first addition separately based on the response from the property owners but would not support dropping the other additions. Administrator Lawell stated that even though there has been discussion over not doing a project for the two additions at this time, staff will continue to fill potholes and do routine maintenance on the Friendly Hills streets. Mrs. Rued stated that there have been several large tax increases over the past four years, the result of vandalism at Sibley, the park referendum, etc. She asked if it would be possible to install storm sewer without curb and gutter. She further stated that the reason the basements are wet is because Friendly Hills was built on a swamp. Mayor Mertensotto stated that surmountable curbs do not work. Councilmember Koch stated that she would be willing to look at different design options. Councilmember Huber stated that it must be made clear to the residents that Council does not represent that storm sewer will correct drainage problems. WAKOTA BRIDGE Council acknowledged a memo from the City Administrator regarding the 1-494 Wakota Bridge planning process, and informing Council that the Wakota Bridge Coalition has requested support from the city for the Coalition's Page No. 3834 November 16, 1993 application for a grant from the Board of Government Innovation and Cooperation. Mayor Mertensotto stated that he sees nothing wrong with adopting a resolution to support the application. Councilmember Smith pointed out that adoption of the resolution does not imply any future financial support by the city. Mayor Mertensotto responded that he and Administrator Lawell have informed the Coalition that there are many demands on city funds and that the Coalition would not be a priority. Administrator Lawell stated that it will be made clear in the cover letter transmitting the resolution that it was a condition of Council approval that there be no implication of future financial support by the city. Councilmember Krebsbach moved adoption of Resolution No. 93 -74, "A RESOLUTION IN SUPPORT OF AN APPLICATION TO THE BOARD OF GOVERNMENT INNOVATION AND COOPERATION FOR A GRANT TO FUND THE PLANNING FOR THE CONSTRUCTION OF A NEW WAKOTA BRIDGE." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 AIRPORT SITE Council acknowledged a memo from Administrator Lawell regarding the new airport site selection process and response to the Alternative Environment Document. Council also acknowledged an excerpt from the minutes of the November 10 Airport Relations Commission meeting. Mayor Mertensotto stated that Administrator Lawell feels inquiry should be made because the draft environmental document talks about expanding the traffic lanes on the I -494 and I -35E bridges and that his second concern is what the gateway to the alternative site would be. Administrator Lawell stated that no one can contend that a new airport in southern Dakota County will not be of benefit in terms of noise, yet it is only fifteen miles away from Mendota Heights, and he is concerned about Page No. 3835 November 16, 1993 where traffic lanes will be in the future and would hate not to make a comment on it. Councilmember Krebsbach suggested that Council ask for an opinion from Stuart Henning. She felt that the best solution is for air noise to be abated by updating aircraft. She stated that she would like more time to react to the document. Administrator Lawell stated that in its written response to the MAC, the city would be asking for further clarification of some of the issues. He stated that he would not recommend taking a position on whether or not Council is in favor of a new airport. He recommended that Council direct staff to submit a letter asking for further clarification of the items contained in his memo. It was the consensus to direct Administrator Lawell to draft the letter as recommended. LMCIT Council acknowledged a memo from Treasurer Shaughnessy regarding a $7,500 increase in the premium for the city's liability insurance and direction on whether to apply for excess liability coverage of $1,000,000. Mayor Mertensotto stated that he would not recommend an expenditure for the excess coverage and that he does not believe the city has the exposure that would warrant it. Treasurer Shaughnessy stated that if the statutory limit of $600,000 is changed, the city will have ample time to purchase excess liability. LMC POLICIES Council acknowledged the 1994 League of Minnesota Cities draft legislative policies and an associated memo from the City Administrator, along with a draft letter from the Administrator to the LMC in response to the proposed policies. It was the consensus to submit the letter to the League as drafted. Councilmember Krebsbach informed Council that at the recent AMM policy meeting she expressed Council's concern over the proposed policy on a gas tax increase. Page No. 3836 November 16, 1993 COUNCIL COMMENTS Mayor Mertensotto directed staff to inquire of the League of Cities as to whether any cities have adopted ordinances to control open storage. Councilmember Krebsbach agreed, stating that open storage is occurring both in residential and commercial areas and that she would like Council to adopt ordinance requirements so that the city has some leverage. She also asked if something can be done about noise and private lighting in residential areas. Administrator Lawell stated that there are ordinance provisions for lighting and that the city has adopted the PCA standards for noise. Councilmember Smith asked that staff check on the lighting at the utility building in Kensington Park. She stated that the existing lighting is not shielded. Administrator Lawell informed Council that Mn/DOT has notified the city that it will look into installing a stop light at Mendota Heights Road and Dodd Road and will soon begin a process of meeting with area residents and representatives of Visitation, St. Thomas and the city. Councilmember Smith stated that she would like to be a city representative. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned to a work session for discussion of the community survey results. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:10 o'clock P.M. I La�ul� ATTEST: Kathleen M. Swanson City Clerk Charles E. Mertensotto Mayor