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1994-06-07 Council minutesPage No. 4044 June 7, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA a. Acknowledgment of the Code Enforcement monthly report for May. b. Acknowledgment of the NDC -4 and NDC -TV 1993 financial audits. c. Acknowledgment of the Public Works Department monthly report for May. d. Approval of plans and specifications for Mendota Heights Road/Dodd Road signal lights and authorization for execution of the plans by the Public Works Director as City Engineer. e. Approval of the probationary appointment of Marc Mogan as Civil Engineer III, effective July 7, 1994, at Grade XXVII, Step E of the city's pay matrix. Minutes of the Regular Meeting Held Tuesday, June 7, 1994 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 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the May 3,1994 regular meeting with correction. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 5a and 5b, acknowledgment of the minutes of the Airport Relations Commission and Planning Commission, and 5i, CAO No. 94 -02, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for May. b. Acknowledgment of the NDC -4 and NDC -TV 1993 financial audits. c. Acknowledgment of the Public Works Department monthly report for May. d. Approval of plans and specifications for Mendota Heights Road/Dodd Road signal lights and authorization for execution of the plans by the Public Works Director as City Engineer. e. Approval of the probationary appointment of Marc Mogan as Civil Engineer III, effective July 7, 1994, at Grade XXVII, Step E of the city's pay matrix. Page No. 4045 June 7, 1994 f. Authorization for staff to prepare an appropriate contract with Ms. Joni Giese for landscape design work at North Kensington Park and the appointment of Councilmember Smith to serve as the Council's representative on an ad hoc committee to direct the design work. g. Acknowledgment of a memo from Treasurer Shaughnessy regarding the results of the State sales tax audit. h. Authorization for staff to advertise for bids for seal coating. i. Approval of the list of contractor licenses dated June 7, 1994 and attached hereto. j. Approval of the list of claims dated June 7, 1994 and totaling $390,871.42. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 AIR NOISE COMMISSION Councilmember Krebsbach cited discussion in the May 18 Air Noise Commission minutes relating to a court ruling on the responsibility of the City of Chicago for creating noise nuisance in some public schools around O'Hare airport. She drew attention to the fact that both Visitation and St. Thomas Academy are subjected to airport noise as well as the Visitation Convent and stated that she would like the commission to make recommendations to Council on what the commission's priority issues Council should address should there be no airport relocation. Administrator Lawell responded that the 1996 air noise contours will cover both schools. Councilmember Smith informed Council that she has received a 1993 school noise modeling study prepared by MAC and she is concerned about some of the conclusions in the study. PLANNING COMMISSION Referring to the May 24 Planning Commission action on St. Thomas, Councilmember Krebsbach stated that she supports the Commission Chair regarding the need for amendments to the Zoning Ordinance provisions regarding construction of athletic facilities. She stated that she feels that Council, subsequent to this evening's scheduled discussion on St. Thomas, should direct the Planning Commission to begin looking at amending the ordinance. CASE NO. CAO 94 -02, Council acknowledged an application from Mr. Jim Page No. 4046 June 7, 1994 JOHNSON Bullard for approval of a critical area site plan to allow home additions at 1819 Hunter Lane. After brief discussion, Councilmember Krebsbach moved to refer the application to the Planning Commission for review and recommendation, on the basis that the property is located within the critical area and the proposed additions are significant. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 STREET NAME CHANGE Council acknowledged a memo from the Public Works Director regarding a request from Carmen Tuminelly to rename the T.H. 110 frontage road, from Crown Point Drive west to its termini, as Carmen Court. Council also acknowledged a letter from Mr. Richard Leitner, 897 West Highway 110, objecting to the name change. Mayor Mertensotto stated that the entire frontage road should have the same name, pointing out that the entire road will be upgraded by Mn/DOT and that it makes little sense to rename a portion of it. Mr. Tuminelly, present for the discussion, agreed stating that he generally understood that the entire frontage road would be renamed. Mayor Mertensotto asked for questions and comments from the audience regarding the changing of the name of the frontage road from its entrance at T.H. 110 to the proposed Carmen Court cul -de- sac. There being no questions or comments, Council directed that the matter be placed on the June 21 Council agenda. Council further directed staff to notify all of the property owners along the frontage road of the proposed street name change and to inform Council of any comments which are received from the property owners. CASE NO. 94 -05, Council acknowledged a memo from Administrative Assistant CONSTABLE Batchelder regarding continued discussion on David Constable's application for variances for the R.L. Johnson warehouse. Council also acknowledged a letter from Mr. James Dorsey, legal counsel for the owner, Winston Properties, regarding conditional use versus variances and a proposed resolution to approve the requested variances. Mr. Constable informed Council that the proposed resolution was drafted as approving variances because the property was in compliance with all zoning ordinance requirements before the taking of property by the state. He stated that if the city action were to approve a conditional use permit it would be a detriment to the Page No. 4047 June 7, 1994 owner who would not be able to get the insurance he could otherwise get. He further stated that if the building were to burn down it could only be built at 75% of the size of the existing structure if variances are not granted. Mayor Mertensotto asked if Mr. Constable was present on behalf of the state. Mr. Constable responded that he is not, and that the state must reimburse Mr. Johnson for the taking of the land. Mayor Mertensotto stated that the applicant is asking for variances because the structure could not be rebuilt on the land because it could not meet required setbacks. He informed Mr. Constable that the city grants variances where hardships can be demonstrated but in this case the building already exists and if something happened to the building the owner wants to be able to build in the same location on the site. He pointed out that one of the requested variances is for a reduced parking requirement which would not work for other permitted uses in the zoning district. He stated that a proof of parking plan would not bind the owner to anything. He further stated that there is no request for a building permit and asked Mr. Constable why he is asking for any action since the building already exists. Mr. Constable responded that if Council grants the variances the owner can get better insurance and financing, and that if variances are not granted insurance would only allow 75% of the value of the building. He further stated that financing is very difficult and a financing institution would not want conditional uses. Mayor Mertensotto reviewed past Council discussion on the matter, stating that the applicant has asked for variances for 276 parking spaces, an 18 foot building setback and 16% green space rather than 25% and that Council had proposed incorporating the variance requests into a conditional use permit. He stated that at the last discussion, Mr. Constable was going to have his legal counsel draft a resolution for variances with conditions, which could have been done, but that the proposed resolution only grants variances. He pointed out that the building exists and is financed, and asked what has changed because of the Mn/DOT taking. Mr. Constable responded that he is trying to do something so that the owner will know he can build the same building, because the value of the building will be diminished if it burns down and the variances have not been granted. Page No. 4048 June 7, 1994 Councilmember Huber asked whether this is not an issue that can be dealt with in the condemnation proceedings. Mr. Constable responded that it can, and that the state must pay damages for devaluing the building and taking two acres of land, but the damages would be significantly less if variances are granted. Mayor Mertensotto responded that the building will exist fifty years from now unless it is destroyed, and that Council is saying that it would not have allowed the owner in the first instance to build with an 18 foot setback and reduced parking and green space. He stated that Council has three options - to delay on the matter until the applicant decides what to do with respect to the conditional use issue, deny the application for lack of hardship, or adopt the city proposed conditional use permit resolution. Mr. Constable stated that he must get a resolution on the matter this evening. Councilmember Smith stated that it appears that the issue most significant to financing is approval of variances which would allow the building to be built on its existing pad if it is destroyed. She stated that she is uncomfortable with granting a variance for a reduced number of parking spaces, since nothing would trigger the proof of parking. There was brief discussion regarding the ponding area. Mayor Mertensotto pointed out that the area has not been maintained and has been a collection area for debris. He suggested that the existing fence be removed to allow for easier maintenance of the property. Mayor Mertensotto suggested that Council find that the applicant has not demonstrated a hardship for the variances he has requested. He further suggested that, if Mr. Constable runs into any problems with the state in the condemnation procedure, he will be permitted to return to Council for further consideration without paying an additional application fee. Councilmember Krebsbach moved to deny the request for variances based on a finding that no hardship has been demonstrated for the variances being requested at this time and to permit the applicant to return to Council without filing another application and fee in the Mr. Gary Turpening, the project architect, informed Council that the arch joining the main ticket booths must be 16 feet tall rather than the 15 feet allowed by ordinance so that fire trucks have a fourteen foot clearance to pass under it. Mayor Mertensotto stated that it appears that the peaks of the other buildings are the same or higher than the arch. Mr. Turpening responded that the buildings will conform to the height allowed by ordinance. Mayor Mertensotto informed Mr. Turpening that parking for several city parks is restricted to one side of the street only, and stated that it is likely that parking will only be allowed on one side of Mendota Heights Road. He asked if St. Thomas would still use the same configuration it now proposes if parking were not allowed on Mendota Heights Road. Mr. John Greving, St. Thomas Headmaster, responded that the same plan would be proposed, stating that guests will park in the former IOS parking lot and walk along the existing bike path to the south gate. Councilmember Krebsbach asked if a drop off area can be provided near the south ticket booth. Public Works Director Danielson responded that this would likely cause a safety problem. Page No. 4049 June 7, 1994 event the he runs into problems in the condemnation proceedings. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 94 -12, Council acknowledged an application from St. Thomas Academy ST. THOMAS ACADEMY a conditional use permit for accessory structures (main entrance /ticket booth, ticket booth located at the south gate by Mendota Heights road, concessions building and screening structure for rental port-a- potties), and fence height variance. Council also acknowledged associated reports from the Administrative Assistant and the City Planner. Administrator Lawell informed Council that the Planning Commission felt that the fence height variance should be applied for separately because it was not part of the original planning application. Mr. Gary Turpening, the project architect, informed Council that the arch joining the main ticket booths must be 16 feet tall rather than the 15 feet allowed by ordinance so that fire trucks have a fourteen foot clearance to pass under it. Mayor Mertensotto stated that it appears that the peaks of the other buildings are the same or higher than the arch. Mr. Turpening responded that the buildings will conform to the height allowed by ordinance. Mayor Mertensotto informed Mr. Turpening that parking for several city parks is restricted to one side of the street only, and stated that it is likely that parking will only be allowed on one side of Mendota Heights Road. He asked if St. Thomas would still use the same configuration it now proposes if parking were not allowed on Mendota Heights Road. Mr. John Greving, St. Thomas Headmaster, responded that the same plan would be proposed, stating that guests will park in the former IOS parking lot and walk along the existing bike path to the south gate. Councilmember Krebsbach asked if a drop off area can be provided near the south ticket booth. Public Works Director Danielson responded that this would likely cause a safety problem. Page No. 4050 June 7, 1994 Mr. Turpening stated that a drop off area would more likely occur at the main gate, and express the concern that a drop off area at the south gate would interfere with the bike trail. He felt that it would be a good idea to place no parking signs in the immediate area of the south gate so that an ambulance can get in if necessary. Mayor Mertensotto asked whether the concession building will meet all state requirements for sinks, stoves, sewer, water, etc. Mr. Turpening reviewed the concession building plan for Council, stating that hot dogs are the only hot food which will be served. He stated that rules for concession buildings are well laid out by the state and that they will be met. He explained that water will be run to the building, but not sewer, and that they will dispose of waste water by means of a holding tank. He informed Council that an itinerant food service, which is regulated by the state, will be used. Mayor Mertensotto cautioned that St. Thomas should be alert to the fact that it will have to meet all state requirements if it plans to sell hot food. He asked whether the portable toilet units are part of the long range plans for St. Thomas. Mr. Greving responded that there is still additional property available which may be used for facilities in the future. He informed Council that in six months he should know whether a new facility will accommodate bathroom facilities for the complex, and if so the portable units would no longer be needed. Councilmember Krebsbach asked if a drop off could be addressed in the future if people being dropped off at the curb becomes a problem. Mayor Mertensotto responded that because of the pedestrian way being on the north side of the road, the issue should be addressed very carefully. He stated that putting in a curb cut on such a high volume road would reduce the protection the continuous curb provides to those using the pedestrian way. He further stated that he does not want the St. Thomas representatives to leave the meeting thinking that they can get vehicular access to the south ticket booth in the future. Councilmember Krebsbach asked if St. Thomas is requesting rezoning and was informed that it is not. She stated that she wants it to be absolutely clear that Council does not want to change the zoning and that St. Thomas is a unique situation since there is no immediately adjacent residential area except the monastery. Page No. 4051 June 7, 1994 Councilmember Smith stated the she would prefer that there be no curb cut on Mendota Heights Road. She asked for clarification on the use of the entrance from Mendota Heights Road and stated that she would like to make sure that whatever is approved will not interfere with the intended use. Mr. Greving responded that it is primarily for emergency vehicles and secondarily for people to access the visitor's side of the stadium and for maintenance vehicles during times when games are not being played. Mayor Mertensotto stated that he is not in favor of the request for an eight foot fence and asked the rationale behind the request. Mr. Greving responded that the 8 foot exterior fence is proposed for safety and security and the intent is to keep people out when no one is around. He explained that it would be fifteen feet from the setback from Mendota Heights Road. Councilmember Huber pointed out that if someone wanted to climb the fence they would be just as likely to climb one that is 8 feet tall j as one that is 6 feet tall but that the 8 foot fence would detract from the appearance of the facility. He stated that he would prefer that the height of the fence, the entrance gate arch and all structures stay within the ordinance height limitations unless there is a demonstrated need for a greater height for the arch. Mr. Greving responded that at some time in the future there may be an addition which would need to have access for emergency vehicles, such as a fire truck with an aerial ladder which would need an arch clearance greater than a 15 foot arch would provide. Fire Chief Maczko stated that the standard height for an aerial truck is fourteen feet but that only twelve feet of clearance is needed for a normal pumper truck or the new rescue truck. With respect to the question of fence height, Mr. Greving stated that St. Thomas reviewed facilities in Lakeville and Eagan which both have 8 foot fences for security. He felt that the additional two feet would prevent someone from trying to get over the fence and provides more of a sense of security since there are no residences along Mendota Heights Road and no one in the area in the evening. He explained that it will be landscaped appropriately. Page No. 4052 June 7, 1994 Councilmember Huber stated that if St. Thomas' risk manager recommends 8 feet, Council would consider that information. Mr. Greving asked if Council would reconsider the 16 foot arch height, stating that he is looking towards the future. Fire Chief Maczko responded that fourteen feet is sufficient clearance, pointing out the fire station doors have fourteen feet of clearance. He further stated that the trucks are 8 1/2 feet wide. Councilmember Koch stated that in order to provide fourteen feet of clearance under the arch it must be sixteen feet tall. Councilmember Smith stated that she felt the fence should be kept within the 30 foot setback along Mendota Heights Road. Staff was directed to investigate what no- parking conditions should be established. Councilmember Koch moved to consider the perimeter fence height and location on June 21 as part of the existing planning application requirement and to approve a conditional use permit for St. Thomas Academy and to direct staff to prepare revisions to the proposed approving resolution, for adoption on June 21, with the following additional conditions: that there be no curb cut along Mendota Heights Road for the south gate; that the arched main entrance be no greater than 10 feet wide and have an arch height no greater than 16 feet to provide a clearance of no more than 13 feet 6 inches; that the flagpoles on the ticket boots extend to a height no greater than 22.5 feet above ground; that none of the other structures exceed a height of fifteen feet; that the concession booth must meet all requirements imposed by the Minnesota Department of Health; and that the conditional use permit be subject to all of the conditions imposed by Resolution No. 94 -22 adopted March 15, 1994. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach stated that she would like a provision to reconsider a drop off area at the south gate in the future. It was the consensus of Council that there should be no reconsideration because of the safety issue. COHEN STORM WATER Council acknowledged a proposed private subsurface drain and pipe system agreement and associated memos from the Public Works Director with respect to a request from Mr. & Mrs. Phil Cohen, 644 Pond View Terrace, for permission to connect their foundation Page No. 4053 June 7, 1994 drains to the city's storm water system. Mr. & Mrs. Cohen and their neighbors, Mr. & Mrs. Pilla, Mr. & Mrs. Alt and Mr. and Mrs. Masey , were present for the discussion. Mayor Mertensotto informed the audience that the request came before Council nearly a year ago. He stated that the Alts and Pillas were concerned that the originally proposed agreement did not place any conditions on the future assigns of the property and they did not want their yards damaged without provision in the agreement for repairs. He explained that the proposed agreement will run with the property and will be recorded with the Dakota County Auditor's office. Additionally, the agreement requires the Cohens to make an escrow deposit to be held by the city for two years to guarantee that the landscaping within the easement area is restored to its pre- existing condition. He stated that Mr. Alt has suggested a different route for the system, which would bring it west to the Huber Drive storm sewer, and that the plan has been reviewed by the Public Works Director. Public Works Director Danielson stated that the route proposed by Mr. Alt would be very difficult construction because of a swimming pool, large oaks, thick woods and a high point and would be more disruptive to the neighborhood and the environment than what Mr. Cohen has proposed. Mr. Alt responded that since the construction is at the owner's expense and not at the city's expense, it should make no difference to the city. He stated that the proposed solution will disrupt his driveway and that he wants it to be replaced rather than patched. He further stated that he is worried about the liability in the future should the pipe freeze up and break. He asked if the adjoining property owners would be responsible for repairs and if they would have to notify potential future buyers of their homes that they have a responsibility. He pointed out that the original request from Mr. Cohen was that the city take responsibility for maintenance of the line. Mr. Alt asked what assurance he and his neighbors have that they will have no liability and where the contract documents are for the project. Mayor Mertensotto responded that since it is not a city project, there will not be construction contracts by the city. Mr. Pilla stated that he understands that the city has a public easement and that he does not think any of the affected property j owners would object to the proposal if the city were accepting the liability. Since the proposal is for a private individual to do the Page No. 4054 June 7, 1994 work in the city's easement they do object. Mr. Pilla felt that even though Council is saying that it will not construct the project, it will allow a contractor to use the easement area, so the city does have liability. He further stated that he believes the system has no greater than a 20% chance of working. Mr. Alt stated that Council is not looking at the rights of the other property owners. He informed Council that in the past he allowed Mr. Cohen to excavate his lawn and drown it down in the hope of resolving the problem. Mrs. Alt stated that as a neighborhood they are not adversaries but the neighbors are concerned about having a line that is privately maintained but on a property line. She felt that it could be a long time before a problem with the line shows up. Mayor Mertensotto responded that if the line gets in disrepair, the city can require that it be removed but that the city cannot get involved in maintaining a private drainage way because there are many homes in the city which have similar problems. He explained that the Cohen home has a problem which Mr. Cohen cannot solve on his own without pumping his water onto the street and the only solution is for him to use the storm sewer system. Mrs. Pilla asked if anyone has looked at the possibility of pumping the water through a hose from the Cohen house into the pond which is directly behind the Cohen lot. She felt that this would not affect anyone else. Mr. Pilla asked what would happen if Mr. Cohen moves and twelve months from now Mr. Alt gets water in his basement. Mayor Mertensotto stated that Mr. Cohen has a problem and came to the city with a solution. He explained that Council realizes that there are other home owners with similar problems and is trying to construct a simple agreement to resolve the problem. Mrs. Alt stated that she would like to see in writing some type of guarantee that the proposed system will correct the problem. Mr. Cohen responded that he has standing water in his basement and has no place to pump it. He explained that Copperfield Associates hired a contractor and will split the cost of installing a four inch PVC pipe from his drain tile to the city's storm sewer. He explained that there will also be perforated pipe behind his house which will intercept the water before it gets to his basement and that Page No. 4055 June 7, 1994 the proposed system will allow an easy connection for his neighbor, Mr. Hamel, who desires to hook up to it. Public Works Director Danielson informed Council and the audience that the type of PVC pipe which will be used in the system is commonly used and would be used for the city's storm sewer system if 4 inch pipe were practical, but typically storm sewer pipe is 12 inches in diameter. Mrs. Pilla asked what will happen in the future if the pipe breaks, commenting that her property could need to be dug up again just searching for a leak. Mayor Mertensotto responded that if the pipe breaks and the flow is impaired, Mr. Cohen would know immediately because it would back up into his basement. He stated that he cannot simply tell Mr. Cohen to go away, as he has a problem he cannot solve by himself. He felt that the proposed plan appears to be a good solution because of the grade drop and the use of PVC pipe. He explained that PVC does not just break apart and the engineers who designed the project are responsible for the design liability. He stated that Council must address the problem of people pumping basement water into the city's sanitary sewer system. Mr. Alt asked why the city does not take the liability and responsibility for the system if it does not think there is a problem. Mayor Mertensotto responded that there could be hundreds of similar situations in the city and the city could not afford the expense of maintenance of many systems over time. Councilmember Smith suggested that perhaps Mr. Cohen should get insurance coverage for potential damages. Mr. Masey stated that his lawn has settled considerably over the last five years and that he did not feel that the proposed escrow is not enough to cover the cost of restoring the landscaping. He stated that he is concerned about long term rights and private access by Mr. Cohen to the storm sewer and asked for a new agreement to address the issue. Councilmember Krebsbach stated that she is aware of a similar system which was put in by two neighbors to solve a drainage problem 18 years ago and there has never been a problem with it. Page No. 4056 June 7, 1994 Mrs. Alt stated that there are probably two other property owners who would want to hook into the Cohen system, and asked if Council would consider a special tax district. Mayor Mertensotto responded that if a district were created for Copperfield everyone in Copperfield would be taxed for maintenance. Councilmember Huber stated that if there ever is a water problem in the future, everyone is going to be pointing to the line whether or not it is the problem. He questioned what potential liability there would be if the Cohen pipe were to break, since the only potential would be water in a basement and there would probably be little associated cost. Councilmember Smith stated that she thinks Council needs to discuss who takes responsibility even if the city built the project. She explained that it is not the city's responsibility to reimburse homeowners for damage to property where there are water line breaks and flooding. She stated that the city does not maintain liability for any lines outside of the public right of way. Mayor Mertensotto responded that if a break in a water line occurs on private property, the property owner is responsible for repair. Administrator Lawell stated that the city's insurer will deny any claim and would not pay damages if the city had no constructive notice. Mayor Mertensotto pointed out that the city could not bind its insurance carrier without paying a significant premium but that the city will inquire of its insurer what the cost would be. He pointed out that this is not the only request of its type which will be made and that he can foresee many more and can envision the added insurance cost. Councilmember Smith stated that Council has suggested putting in a special improvement project and not all of the residents wanted that although many might benefit from it. She asked if the city may be called upon to do more extensive work in other areas where there is no storm sewer if the city accepts helping out in this case. She stated that Council must come up with a long term solution to the problem throughout the city. Councilmember Krebsbach felt that Council could look at what kind of cost there is before deciding against making a special tax district. She pointed out that a special district would affect just the Page No. 4057 June 7, 1994 Copperfield area by having a special assessment, and not the entire city. Mayor Mertensotto stated that if Council asks the city's engineering department to do a feasibility report it would be spending tax money even though the system can be done privately at far less cost. Councilmember Smith pointed that if Council were to approve a public improvement project to extend storm sewer it would likely be assessed to the homeowners along the way. Public Works Director Danielson pointed out that the city would have to prove benefit. Mr. Pilla asked Council to look at the option for pumping to the pond and also suggested that Mr. Putnam could be charged the cost of the project. He stated that there are many people in his neighborhood who have the same problem as Mr. Cohen and suggested that Mr. Cohen hire legal counsel and sue his contractor. Mr. Cohen stated that he spent two years getting Mr. Putnam to do something and he has finally agreed to the proposed solution. He explained that he came to the city a year ago and Council did not want a public project because of potential liability. He stated that if he sells, the next owner will come after him to take care of the water problem. He further stated that he believes the system that is proposed is a reasonable solution and that his house is unsaleable because water runs into the drain the all year. Councilmember Smith stated that she is aware of other problems in the area. She asked if there is a natural clay wall prohibiting water from flowing through and if there is any way of altering the geology. Public Works Director Danielson responded that solving underground water problems is very diverse and complicated and that the problem would likely only move to another lot. He felt that what is proposed is the best solution. Mr. Ultan Duggan, a Copperfield resident, stated that he has the same water problem as Mr. Cohen and has had two engineering firms work on the problem. He felt that clay in the area is a problem. He pointed out that if Mr. Cohen tries to sell his home he will have to declare that there is a water problem. He further stated that he cannot prove that it relates, but since he has had the water problem he has an asthma problem that is related to air circulation in his home He explained that the measures he has taken are not sufficient and the only way the problem will be eliminated will be to Page No. 4058 June 7, 1994 have an outside drain tile system and drain the water into the pond behind his home at a cost of at least $25,000. Councilmember Krebsbach stated that the cost for the city to start getting involved in each of these problems would be prohibitive. It was the consensus of Council to look at more fully exploring the options of creating a tax district and what the assessment cost would be, and to get a quote from Barr Engineering for preparation of a study analyzing the proposed solution, pumping the water to the pond, the route proposed by Mr. Pilla, and directly to the street as a public project. VALLEY VIEW HEIGHTS Council acknowledged memos from Public Works Director TOT LOT (CURLEY'S) Danielson regarding maintenance of the Curley's Valley View Heights Addition tot lot, along with a copy of the park development and maintenance agreement, filed in 1988, between the city and the Valley View Heights Civic Association. Mayor Mertensotto pointed out that the tot lot has never been designated as a city park but rather is a residential lot developed as a tot lot through an agreement. He stated that the homeowners' association, by executing the document, agreed to maintain the lot. He stated that it is not economically feasible for the city to maintain tot lots, and that had it not been for the association's agreement to maintain the lot. Council directed staff to notify the homeowners' association to appear before Council to discuss the matter. SOURCE REDUCTION Council acknowledged a memo and proposed resolution from Assistant Batchelder regarding source reduction (preventing waste at its source) and purchasing policy development. Assistant Batchelder briefly reviewed the matter for Council and the audience. It was the consensus of Council to support source reduction in the purchasing of commodities and services, where it is cost effective and the purchase of recycled materials as long as there is no added cost. Councilmember Smith moved adoption of Resolution No. 94 -36, "A RESOLUTION ADOPTING RECYCLED PRODUCT PURCHASING AND WASTE PREVENTION POLICIES," amended in numbered sections 1, 2 and 3 to state "whenever economically feasible" rather than "whenever possible and economically feasible." Page No. 4059 June 7, 1994 Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 AIRPORT RELATIONS Council acknowledged a memo from Administrator Lawell COMMISSION APPOINTMENT regarding the appointment of an Airport Relations Commissioner to replace William Healy and informing Council of Mayor Mertensotto's recommendation for the appointment of Cynthia Surrisi to the unexpired term. Councilmember Krebsbach informed Council that she had been contacted a resident who was concerned that the candidate represents the Airline Pilots Association. While the individual may be very qualified for the position, it is also possible that conflicts of interest may arise due to her ties to the airline industry. She stated that she would like to keep the appointment process open to allow for additional individuals to express interest. Councilmember Smith stated that in her opinion the appointment of Ms. Surrisi would strengthen the commission because she understands the industry and is very knowledgeable. She further stated that she was very gratified that Ms. Surrisi has such significant expertise. Councilmember Smith moved to appoint Ms. Cynthia Surrisi, 1875 Warrior Drive, to the vacant seat on the Airport Relations Commission for a term which will expire on January 1, 1995. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 NO SMOKING POLICY Council acknowledged a memo and proposed resolution from Administrator Lawell regarding implementation of a no smoking policy for city facilities. Council briefly discussed offering an employee assistance program designed to help stop smoking and whether smoking should be banned from city vehicles. Councilmember Krebsbach moved adoption of Resolution No. 94- 37, "A RESOLUTION PROHIBITING ALL SMOKING WITHIN CITY OWNED FACILITIES EFFECTIVE JULY 1, 1994," and to authorize staff to coordinate an employee assistance program designed to help those full -time employees who wish to voluntarily quit smoking at a cost not to exceed $385 per participant. Councilmember Smith seconded the motion. Ayes: 5 Nays:0 Page No. 4060 June 7, 1994 It was the consensus to extend the assistance program availability through the end of the year and to ban smoking in city owned vehicles when they are occupied by two or more persons. PARKING BAN - FRIENDLY Council acknowledged a memo from Public Works Director HILLS PARK Danielson regarding a request for a no parking zone near Friendly Hills Park. It was the consensus to direct staff to notify affected homeowners and ask for their comments and to prepare an appropriate ordinance for Council for consideration on June 21. SPRINKLING BAN Council acknowledged a memo from Public Works Director Danielson regarding the problem of keeping the city's water tower full and recommending implementation of an odd/even sprinkling ban to help avert the possibility of a dry tank during the summer and the potential for jeopardizing fire fighting capability. Councilmember Krebsbach moved to authorize an odd/even sprinkling ban immediately for the entire city, to be effective until a larger supply line is installed from the 6 MG reservoir in West St. Paul. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto informed Council that Northwest Airlines has arranged for the City Council and city staff members to tour the NATCO training facility in Eagan on July 7 at 7:30 a.m. Councilmember Krebsbach asked for a five year plan for street rehabilitation projects and reminded Council that the proposed Friendly Hills street improvements were scheduled to come back before Council in July. Councilmember Smith informed Council that she would be absent from the June 21 meeting. ZONING ORDINANCE Council directed the Planning Commission to begin to review the R -1 District regulations that pertain to schools and to recommend conditions which might be imposed for allowing stadiums as a conditional use in the R -1 district. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned to the June 16 joint Council/Airport Relations Commission meeting. Councilmember Koch seconded the motion. Ayes: 5 Page No. 4061 June 7, 1994 Nays: 0 TIME OF ADJOURNMENT: 12:30 o'clock A.M. kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensofto Mayor