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1994-03-15 Council minutesNo. 3963 March 15, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 15, 1994 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 and Smith. Councilmember Krebsbach and Koch had notified the Council that they would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the March 3, 1994 regular meeting with corrections. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for February. b. Adoption of revised Resolution No. 94-19, "A RESOLUTION SUPPORTING EFFORTS OF THE CITY OF EAGAN TO DEVELOP TRAILWAY CONNECTIONS INTO THE MINNESOTA RIVER VALLEY SYSTEM." c. Acknowledgment of the minutes of the March 8 Parks and Recreation Commission meeting. d. Acknowledgment of a memo regarding the classification of tax forfeited lands, approval of the non-conservation classification for Lots 5 and 7, Block 1 and Lots 1 and 2, Block 2, Yorkton Centre Pointe South and Lots 1,2,3 and 4, Block 1 No. 3964 March 15, 1994 and Lots 1,2 and 3, Block 3, Northland Plaza, approval of the conservation classification for Outlot A, Yorkton Centre Pointe South, and adoption of Resolution No. 94-20, "RESOLUTION APPROVING THE ACQUISITION OF TAX FORFEIT PROPERTY," (Outlot A), along with authorization for execution of the property transfer documents by the Mayor and City Clerk. e. Authorization for staff to solicit proposals from qualified consultants for design of traffic signals for the intersection of T.H. 149 and Mendota Heights Road. f. Acknowledgment of the Fire Department monthly report for February. g. Adoption of Resolution No. 94-21, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT TO SERVE THE MENDOTA HEIGHTS INDUSTRIAL PARK (IMPROVEMENT NO. 92, PROJECT NO. 5),-- and authorization for staff to pursue final easement acquisition negotiations with United Properties, subject to city- acquired property appraisals. h. Adoption of Resolution No. 94-22, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ACCESSORY STRUCTURE AND HEIGHT VARIANCES ALLOWING IMPROVEMENTS TO THE ATHLETIC FACILITIES AT ST. THOMAS ACADEMY." i. Approval of the list of contractor licenses dated March 15, 1994 and attached hereto. j. Approval of the list of claims dated March 15, 1994 and totaling $120,519.65. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 PUBLIC COMMENTS Mayor Mertensotto informed the audience that he has received complaints from residents of the Copperfield area regarding a home occupation in the neighborhood which has No. 3965 March 15, 1994 escalated into something more than is intended in he Zoning Ordinance and has caused problems for the immediate neighbors. He stated that he drove past the home Saturday morning and there were 48 cars which were present because of the subject boutique (home occupation). He further stated that he understands that there were in excess of 60 cars parked in the neighborhood at one time because of the boutique. He informed Council that residents of the neighborhood are concerned about access through the neighborhood for emergency vehicles when there are so many cars parked on the street. He explained that, at his request, the City Administrator called the homeowner, but that the owner has not responded. Mayor Mertensotto informed the audience that the boutique, held at 2324 Fieldstone Drive, has escalated to an 8-day event involving the work of 60 to 70 artists, which has become far more than a home occupation. He pointed out that the city and neighborhood residents have real concerns about the size of the activity and the traffic it brings into the area. Mayor Mertensotto stated that he believes the boutique is becoming a serious violation of the home occupation provisions of the zoning ordinance and that either the ordinance will need to be amended or the homeowner will have to voluntarily curtail the activity. Council directed the City Administrator to send a letter to the homeowner, advising her that complaints have been received and giving her the opportunity to present arguments. HEARING: LEXINGTON Mayor Mertensotto opened the meeting for the HEIGHTS APARTMENTS purpose of a public hearing on proposed FINANCING refinancing of the Housing Revenue Bonds for the Lexington Heights Apartments. Council acknowledged a memo and proposed resolution from Treasurer Shaughnessy. Mayor Mertensotto asked for questions and comments. Mr. Jim Riley, developer of the Lexington Heights Apartments project, stated that the application is for the refinancing of the bonds that are presently outstanding on the project and will not increase the amount of the issue but will be long term financing. No. 3966 March 15, 1994 City Attorney Hart informed Council that his office has reviewed the documents and finds them to be in order. There being no further questions or comments, Councilmember Smith moved that the hearing be closed. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 It was the consensus of Council to authorize staff to complete any of the legal requirements necessary to keep the application progressing. PILOT KNOB WATERMAIN Council acknowledged a tabulation of bids BID AWARD received for the Pilot Knob Watermain Project, to bring water to the Garron site. It was the consensus that 12 inch be installed, given the fact that differential is not significant a: will serve St. Peter's Church and Mendota and its size is important protection. pipe should the cost ad the line the City of for fire Councilmember Smith moved adoption of Resolution No. 94-23, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR WATERMAIN AND STREET RESTORATION IMPROVEMENTS TO SERVE PILOT KNOB ROAD AND ADJACENT AREAS (IMPROVEMENT NO. 84 PROJECT NO. 2A),11 awarding the contract to Ryan Contracting, Inc. for its low bid of $72,230, with the direction to staff to return the bid bonds to all but the three low bidders, and to return the bonds to the second and third lowest bidder after the contract is signed by Ryan Contracting. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 NDC-4 Council acknowledged a memo from Jodie Miller, NDC-4/NDCTV Executive Director, the 1994 NDC-4 draft budget, an Action Alert from the League of Minnesota Cities regarding "information superhighway" deregulation and an Action Alert from the National Association of Telecommunications officers and Advisors (NATOA) regarding proposed federal legislation to allow telephone companies to enter the cable market without a local franchise. No. 3967 March 15, 1994 Ms. Miller, present for the discussion, informed Council that the NDC-4 joint powers agreement requires that the Commission budget be approved by the member cities, but that the Commission is operating on the draft budget because the amended joint powers agreement was not ratified until December of 1993. She gave Council a brief report on commission activities over the past year, and explained efforts to reduce costs and increase revenues. She informed Council that NDC-4 ordinarily employees six full-time and three part-time persons, one of which is the vacant Education Coordinator position. She reviewed highlights of local programming over the past year and changes which occurred during the year. Ms. Miller informed Council that the combined impact of decreased revenues and decreased spending caused the commission to cut about 130 of its budget over the next two year period, and that plans are in place to revise operations, with the key focus of generating revenues. She explained that this may include providing production services, sponsorships and teleconferencing, and that it is hoped that more community events can be covered. Mayor Mertensotto asked what mechanism is available for residents to give input to NDC-4 on programming. Ms. Miller responded that residents should call the Cable Commission office. Mayor Mertensotto suggested that an insert be placed in the cable subscribers, bills to solicit their input regarding programming for channel 43. Councilmember Smith if the teleconferencing capability is interactive. Ms. Miller responded that teleconferencing is available through the use of the Commission's satellite dish and interactive communication could be possible through the use of an 800 number. Ms. Miller informed Council that the budget reductions will be affected by accomplishing tasks, such as newsletter preparation, in house rather than through a contracted service; the vacant education coordinator position will not be filled, however it is necessary to maintain the staff level in order for the commission to begin new programs; and Ayes: 3 Nays: 0 No. 3968 March 15, 1994 some of the traditional access services will need to be reduced temporarily. Ms. Miller responded to a question from Mayor Mertensotto regarding the operating budget for the NDC-4 building. She then reviewed graphics on audited revenues for 1993 versus projected 1994 revenues. She stated that revenue generating activities will have to be greatly increased from 1995 through 1998. Responding to a question from Mayor Mertensotto regarding the budget for the non- profit corporation (NDC-TV), Ms. Miller stated that the non-profit's budget was submitted to the Cable Commission, and its budget is pending the passage of the NDC-4 budget. She explained that the majority of the revenue for the non-profit comes from a $62,000 grant from Continental Cablevision. Mayor Mertensotto suggested that the budget for the non-profit should be provided to the cities for informational purposes. Councilmember Huber stated that the Commission had some lengthy budget meetings and needs to look at options for raising revenues. Councilmember Smith asked about the legal service line item in the budget. Ms. Miller responded that 1993 was unusual in terms of expenses for legal services and that she is uncertain how much impact the proposed FCC rule changes will have on the need for legal service. Councilmember Huber moved to approve the NDC-4 budget for 1994. Councilmember Smith seconded the motion. Ms. Miller informed Council that there is much going on in national and state legislation which is being proposed by the telephone industry. Federal bill HF 3636, which is about to be voted on in full committee could pre-empt the cities franchising authority. With respect to the state, the telephone companies are saying that the state cable act needs to allow competition and that cities are a barrier to competition. She stated that the major point is that there will possibly never be true competition in the television provider No. 3969 March 15, 1994 industry and so some of the issues of customer services will need to be protected. She stated that federal elected officials need to hear from the cities now, at least to request that any other provider of services must follow the same rules that the cable providers have had to follow. She also stated that the state should not rush into legislation and should give cities an opportunity to participate. Mayor Mertensotto suggested that the cable commission prepare a proposed resolution for adoption by all of the member cities. Ms. Miller responded that the Commission will prepare something. WATER TOWER PAINTING Council acknowledged a memo from Public Works Director Danielson along with a supplemental report from AEC Engineering regarding water tower painting and repair. Mayor Mertensotto stated that it appears that installing cathodic protection would be wasting money. He agreed with the staff report that if the coating is done properly, it should protect the tank without the need for cathodic protection. He felt that the city should solicit quotes for preparation of plans and specifications so that the work can be completed before the summer of 1995. He also felt that there should be alternates for sandblasting the tank with the decorative strips in place and with them removed to allow painting of the tank and strips separately. Councilmember Smith moved to authorize to prepare requests for proposals and solicit proposals from engineering firms, with the direction that the AEC report be addressed in the RFP. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 NORTH KENSINGTON PARK Council acknowledged a memo from Administrative Assistant Batchelder regarding the concept design for North Kensington Park. Mayor Mertensotto asked if funds have been set aside for moving the power lines in South Kensington Park. No. 3970 March 15, 1994 Assistant Batchelder responded that $25,000 of the $80,000 in remaining bond referendum funds has been dedicated to moving the power lines. He informed Council that the intent of the Park Commission is to construct the Hagstrom- King tennis courts out of the capitol improvement plan, and not to use referendum funds for that purpose Mayor Mertensotto suggested that perhaps an architectural or engineering class at the University or one of the colleges would be interested in preparing a plan as part of a graduate program.. Assistant Batchelder responded that the estimated cost for architectural services is between $3,000 and $5,000. Councilmember Smith stated that she feels North Kensington will be more complex than many of the other parks, and that Council would like to have an attractive park without changing the hydrology of the area. Mayor Mertensotto felt that there should be a shelter in the park so that people can be sheltered from rain. Councilmember Smith stated that think that the soccer fields at Kensington will be as available neighborhood in the future as t and the there should be a place the park to get shelter. she does not South to the hey area now for those in Assistant Batchelder responded that the Park Commission felt that a shelter would be a duplication of what is in the south part of the park and that a shelter would be more of an attraction which would result in the need for additional parking spaces. He further stated that the Commission wants Wentworth Park to be the next priority for a picnic shelter. With respect to duplication, Councilmember Smith stated entirely different people will use North Kensington than will use South Kensington. She did not think the park will attract any more people than are regularly seen at games. She further stated that if the scale of the shelter is kept small the park No. 3971 March 15, 1994 will not attract reservations for large company picnics. Councilmember Huber stated that even small shelters are expensive He felt Council needs to look at where shelters are currently located in the city and whether there are areas in the city that have no park shelters. Councilmember Smith stated that she does not think there is a similar type of density in other areas of the city as in Kensington or an area where people have fewer options for places to congregate. Councilmember Huber responded that there are many area of the city where there is no shelter available, and while it is true that there are many residents in Kensington, there are also many homes in the north end of the city which are not served by a shelter. Councilmember Smith pointed out that in other areas of the city there is more green space between structures. Mayor Mertensotto stated that the city could build a $40,000 shelter or do as Farmington did, constructing a shelter through volunteer help. He pointed out that all that is proposed is a small shelter. Councilmember Smith stated that Council should keep in mind that there 386 housing units constructed in this area of the city in a very short period of time and if park space is not provided it will create demand in the other parks in the system as well. Councilmember Huber stated that the is not opposed to having a shelter in one place or another, but that it is a matter of prioritizing who should get the next shelter and there is a real absence of parks in the north end of the city. Mayor Mertensotto directed staff to contact the University to see if a program could be worked out, and stated that if there is no potential for preparation of design by University students, the matter should be brought back in April with respect to requests for proposals for preliminary design. No. 3972 March 15, 1994 JOINT WORKSHOP Council acknowledged a memo from Administrator Lawell regarding the joint Council/Planning Commission workshop scheduled for March 29. Administrator Lawell informed Council that only three members of the Commission would be able to attend on March 29. He recommended that Council cancel that meeting and hold the workshop in early April. It was the consensus to conduct the workshop on April 14 or April 21, and to direct staff to notify the Planning Commission and City Planner of the potential dates and ask for their response. COUNCIL COMMENTS Mayor Mertensotto informed Council that he and Administrator Lawell have registered to attend an air noise conference in Seattle in April. Councilmember Huber stated that he has received calls regarding safety concerns over the city trail where the trail crosses from the east side of the street to the west side on Lexington near Marie. Councilmember Smith stated that she received a call from a resident regarding the discussion at the last Council meeting regarding property tax relief for senior citizens. She explained that the call brought to mind another area Council may wish to consider - the spreading of costs from the metro area to suburbs thus creating different problems. She felt that perhaps Council should contact the legislators now to inform them that the proposed Orfield bill would create a hardship. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Ayes: 3 Councilmember Smith seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 9:53 o'clock P.M. 4 K-Athleen M. Swanson City Clerk ATTEST: e Charles E. Mertensotto Mayor