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1993-09-07 Council minutesPage No. 3741 September 7, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 7, 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 Krebsbach moved adoption of the agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the July 20, 1993 regular meeting with corrections. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved approval of the minutes of the August 3, 1993 regular meeting with corrections. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved approval of the minutes of the August 17, 1993 regular meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved approval of the minutes of the August 21, 1993 Target Issues workshop and August 31 budget workshop. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items c, e and s to the regular agenda, along with authorization for execution of any necessary documents contained therein. Page No. 3742 September 7, 1993 a. Acknowledgment of the Code Enforcement monthly report for August. b. Adoption of Resolution No 93 -45, "RESOLUTION APPROVING FINAL PLAT FOR FOXWOOD PLAT." c. Approval of a disputed claim release from the Victoria Highlands Townhome Association regarding the plat's access road. d. Acknowledgment of bids received for Huber Drive trail seal coating and award of a contract to Professional Asphalt Services for squeegee application for $3,295.00. e. Approve the appointment of Bret Blaeser as a Probationary Firefighter effective September 7, 1993. f. Authorization for the Mayor and City Clerk to execute a corrective easement agreement submitted by Centex to correct the legal description for the Kensington 5th Addition trail to Kensington Park. g. Approval of a Joint Powers Agreement with the City of Lilydale for the Mayfield Heights Diversion project and authorization for its execution by the Mayor and City Clerk. h. Acknowledgment of the minutes of the August 24th Planning Commission meeting. i. Adoption of Resolution No. 93 -46, "A RESOLUTION COMMENTING ON THE MISSISSIPPI NATIONAL RIVER AND RECREATION AREA DRAFT COMPREHENSIVE MANAGEMENT PLAN AND ENVIRONMENTAL IMPACT STATEMENT," and direction staff to forward the resolution to the National Park Service prior to the September 10, 1993 deadline for submittal of public comments. j. Acknowledgment of receipt of the minutes of the August 4, 1993 NDC -4 meeting. k. Adoption of Resolution No. 93 -50 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA (THE "CITY ") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY'S INDUSTRIAL Page No. 3743 September 7, 1993 DEVELOPMENT REFUNDING REVENUE BONDS (CENTRE POINTE ONE ASSOCIATES PROJECT) SERIES 1993 (THE "BONDS "), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS," subject to agreement that the borrower will pay any expenses for the City Attorney's review, along with waiver of one half of the $17,200 Industrial Revenue Bond fee. 1. Approval to establish the Truth in Taxation Hearing on December 7 at 7:30 p.m., and adoption of Resolution No. 93- 47, "RESOLUTION APPROVING TENTATIVE 1993 LEVY COLLECTIBLE IN 1994," Resolution No. 93 -48, "RESOLUTION APPROVING FINAL 1993 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 1994," and Resolution No. 93 -49, "RESOLUTION ADOPTING PROPOSED BUDGET." m. Acknowledge receipt of the July 1993 ANOMS report. n. Approval of the list of contractor licenses dated September 7, 1993 and attached hereto. o. Approval of the list of claims dated September 7, 1993 and totalling $406,486.39. p. Authorization of an expenditure of $965.00 to fund the city's portion of a study to determine the feasibility of a Dakota County Joint Communications System. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 R &R FIREWOOD Council acknowledged a request from Mr. Walter Zuk and R &R Firewood for a temporary special use permit to allow the cutting and removal of the wood currently on the McNeil site at 1455 Perron Road. Council also acknowledged an associated report from the Public Works Director. Page No. 3744 September 7, 1993 Mayor Mertensotto stated that the city has addressed the issue before with the property owners, who had submitted an escrow deposit which was forfeited to the city because the wood was not removed. He further stated that before any permit is issued he would want the applicant to submit a $500 escrow which would be forfeited to the city to defray enforcement costs if the operation does not cease by March 15, 1994. Councilmember Krebsbach asked if only the processing operation is required to cease at the termination of the permit. Administrator Lawell responded that all operations on the site must end by March 15th and that the fourth condition of the agreement will be revised to state that the firewood processing and storage will cease. Responding to a question from Councilmember Smith, Administrator Lawell stated that no additional firewood can be brought to the site and that the permit provides for the cutting and removal of the wood which has been stocked on the site for nearly a decade. Mayor Mertensotto felt that it must be made quite clear to the applicant that no additional wood may be brought to the site from any source, that all operations must cease by March 15th, and that he must submit a security deposit to cover any city expenses in connection with the permit. Councilmember Smith moved to issue a temporary special use permit to Walter Zuk and R&R Firewood with the conditions specified in the agreement subject to submission of a $500 security deposit to cover any city expenses in connection with the permit, the deposit to be returned to the applicant if the operations cease on or before March 15, 1994, and on the condition that no wood can be brought to the site from any source. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 WATER TOWER FENCING Council acknowledged bids received for security fencing inside the water tower. Councilmember Smith moved to accept the bids and award the contract for water tower Page No. 3745 September 7, 1993 security fencing to Century Fence for its low bid of $3,888.00. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 ST. THOMAS ACADEMY Council acknowledged a letter from St. Thomas Academy requesting a variance from Ordinance 1201 to allow its environmental studies class to operate a motorized pontoon on Rogers Lake. Mayor Mertensotto stated that he understands the request is to allow the use of a pontoon, propelled by an electric motor, for the purpose of taking water samples and bottom samples for scientific analysis. He pointed out that Council has religiously protected the ordinance with the exception that a similar request had been granted to St. Thomas in the past on the basis that the information generated would be shared with the city. He informed Council that the information was never received. He felt that the request should be denied, stating that if the use is allowed Council may receive similar requests from individuals wishing to use motorized watercraft for family gatherings. Councilmember Krebsbach stated that the St. Thomas request differs from others because it is for scientific and educational purposes and because the pontoon platform is necessary in order to get the samples. She further stated that she would not vote to approve a similar request in connection with a family picnic, nor would she approve the St. Thomas request if there were evidence that they had abused a permit granted in the past. Mayor Mertensotto felt that sixteen days of use, as presented in the St. Thomas letter, is too long and that approving the request would set a precedent. Public Works Council that the environm, and that the sampling was results were Director Danielson informed he has been a guest speaker for antal studies class in the past result of its last efforts at not successful, which is why the not shared with the city. Mayor Mertensotto suggested that action on the request be tabled and that St. Thomas should provide an agreement on shared results and Page No. 3746 September 7, 1993 information on the size of the motor proposed to be used, and limited dates for the activity. Councilmember Krebsbach moved to table action on the request. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 FRIENDLY HILLS Mayor Mertensotto opened the meeting for the FEASIBILITY HEARING purpose of a public hearing on proposed improvements to serve the Friendly Hills Additions. Assistant Engineer Eckles stated that the purpose of the hearing is to consider the reconstruction of streets in the entire Friendly Hills neighborhood, which includes the first and second additions. He explained that 3.5 miles of streets, which are 25 years old and beyond their serviceable life, are included within the scope of the project. He informed the audience that in 1992 Council adopted a street reconstruction and rehabilitation policy to address the issue of what to do when it comes time to repair streets. The policy states that the city encourages people to support upgrading streets to urban design standards and will subsidize the construction of streets reconstructed to urban standards, which includes curb and gutter. He explained the differences between reconstruction and rehabilitation of streets. He stated that the existing streets in Friendly Hills are 30 feet wide blacktop mat and that the mat is thinner than the city standard and badly aged. He reviewed the advantages of curb and gutter, including extended street life, protection of yards and grass, protection of the edge of the blacktop, easier plowing and maintenance of the streets and better appearance. He pointed out that the best advantage is that the city will partly pay for the future rehabilitation of those streets which have curb and gutter. Engineer Eckles reviewed several graphics on what the total reconstruction would involve and on the estimated project costs. He informed the audience that storm sewer is included in the project, as is the realignment of the Dodd/Decorah intersection and the reconstruction of Decorah to MSA standards, Page No. 3747 September 7, 1993 which include 38 foot width and curb and gutter. He described the MSA standards, explaining that because Decorah is a collector street receiving much more traffic than a typical residential street it qualifies for MSA classification and its reconstruction can be heavily subsidized by state funding. He then reviewed graphics on the funding mechanisms and explained that it is proposed to assess all of the lots equally, at $3,750 per lot. He informed the audience that assessments for the improvements would be collectible over a 19 year period at 7% interest or could be paid in full without interest before certification. Mayor Mertensotto asked for questions and comments from the audience. Mr. Mike Coonan, 2237 Apache, asked what width is proposed for the streets other than Decorah. Engineer Eckles responded that the standard city street width is 33 feet from curb face to curb face and that to accomplish the width, the existing boulevard area would be reduced from 15 to 13 feet. Mr. Mike Blake, 2204 Apache, stated that he understands the need for storm sewer but asked if the additions can be addressed separately. He stated that the second addition has a greater need and greater problems but that he does not understand the need for curb and gutter and storm sewer in the first addition except the city's need to have all streets be uniform. Engineer Eckles responded that when there is curb and gutter, storm sewer is needed to get the water out of the street. He further stated that the project is being presented with curb and gutter because the goal and policy of the city is to get the streets upgraded. He pointed out that a similar project revitalized the north end of the city and its appearance was much improved. Mr. Blake responded that the problem in the first addition is caused by Mendakota Park and stated that he does not see why property owners should pay for poor park run -off. He Page No. 3748 September 7, 1993 felt that storm sewer should be installed on Dodd Road instead. Mr. Ken Radke, 2106 Aztec Lane, stated that the water drains to his lot and also from the bank and dental office on South Plaza. He felt that something must be done to take care of this run-off in heavy rains, explaining that he must use a sump pump to pump water from his basement and has cracks in his basement floor from the water. Mayor Mertensotto stated that the streets in Friendly Hills are 24 or 25 years old and that normally streets today are built to a much higher standard. He further stated that Friendly Hills is one of the oldest residential developments in the city and homes in the neighborhood have been kept up. He noted that experience in the north end of the city has shown that urban street sections help maintain property values, but pointed out that Council will not force urban streets on the Friendly Hills property owners. He stated that simply doing an overlay will do little to improve property values and that Council believes that putting in urban street sections in urban areas is the proper approach to take, which is why Council established the rehabilitation fund to assist in the cost of bring the streets to urban standards. He explained that the property owners must be the judge and that Council will not force urban street construction. He pointed out that city policy has always been to assess 100% of project costs, except the costs of pipe oversizing, but that the new rehabilitation policy provides that the city will support half of the cost to construct streets to urban design. Mr. Radke stated that he is totally in favor of doing the urban design project. Mr. Don Stahl, 752 Decorah, stated that his home is on the inside of the curve, and asked for specific information on how the street widening would affect his property. He also stated that traffic on Decorah is very fast and felt that much of the deterioration on Decorah is due to construction traffic during the development of Copperfield. Page No. 3749 September 7, 1993 Mayor Mertensotto responded that if the project is approved Mr. Stahl should meet with city staff for more detailed information. Mr. Carl Becker, 2197 Aztec, asked if the proposed assessment will be $3,750 regardless of the amount of street frontage a lot has. He stated that he has not been assessed in 20 years for gravel or street improvements and asked if the $434,000 that the city would contribute to the project would take care of the streets for the foreseeable future. Engineer Eckles responded that since all properties tend to use the street about the same amount, it is proposed that all of the lots be assessed the same amount regardless of frontage. He further stated that one cannot expect streets of rural design to last much more than 20 years and at some point they need major reworking. He commented that if the streets in Friendly Hills are let go much longer they will wear down to the gravel. He stated that the policy is to try to encourage the urbanization of streets, and neighborhoods which decide to participate will get funding assistance from the city - in the case of Friendly Hills, the city would support 470 of the cost. He further stated that the neighborhood must work with the Council to decide what the best course is for the neighborhood. Mr. Becker stated that he favors country style streets. Mr. Don Stahl, Jr., 757 Decorah, stated that he thinks curb and gutter would be unsightly in the neighborhood and asked if it could be constructed only on Decorah, leaving country- style streets in the remainder of the neighborhood. He stated that most of the water in the second addition goes down the east/west streets. He further stated that he is a bicyclist and the worst part of his journey is getting out of Friendly Hills. He felt that storm sewer grating is unsafe to ride across and would present a safety hazard. He thought that this should be taken into consideration since there is much non- motorized vehicle activity in Friendly Hills. He also stated that he would like to see something done with the streets soon. Mr. Stahl stated that he does not like the looks Page No. 3750 September 7, 1993 of curb and gutter but sees the need for something on Decorah. Mr. Lars Hesberg, 749 Decorah, stated that he is in favor of doing something with the streets because they are dangerous. He further stated that something must be done to reduce speeds on Decorah, such as speed bumps. He stated that he knows that if Decorah is widened he will lose some of his front yard but would be willing to agree to the widening if something is done about safety. Mr. Dick Wold, 754 Mohican, stated that mention has been made that an overlay without curb and gutter and storm sewer would cost $1,500 per lot. He asked how long such an overlay would last, and also asked how residents should go about voicing their opinions. Engineer Eckles responded that the expected life would be about as long as the existing Friendly Hills streets have lasted but pointed out that consideration of reconstructing the streets was discussed 8 years ago by the city. Mayor Mertensotto stated that residents can send Council a petition, either for or against the proposed project, and that he will ask Council to continue the hearing to allow individuals to submit comments. He stated that James Losleben has asked that the hearing be left open because he could not attend this evening and because he is concerned about the intersection of Keokuk and Pagel. Mr. Wold stated that he would like the streets resurfaced with no curb and gutter. Mayor Mertensotto informed the audience that if the residents want only an overlay, the property owners would have to pay the total project cost, at an anticipated assessment amount of $1,500 per lot. He further stated that Council is talking about upgrading the streets to urban design and that he is convinced that doing so would increase the values of properties in the neighborhood. Councilmember Huber stated that he hopes the proposed project does not become a divisive issue in the neighborhood and pointed out that Page No. 3751 September 7, 1993 Council wants to get a lot of input from the residents. Mr. Robert Biels, 712 Decorah, expressed concern over the safety of young children living on Decorah, stating that the street is like a highway now and widening it to 38 feet will turn it into a freeway. He felt the street would be very dangerous for children. He also stated that over the years his property value has increased much more than he would have imagined. He stated that money is not the issue to him but rather that he likes the streets the way they are and does not like curb and gutter. He further stated that people in the area keep the neighborhood up very nicely and the project will not enhance the neighborhood by $3,750 per lot. He pointed out that Huber Drive was recently seal coated and nothing has been done in Friendly Hills for years. He asked what the benefit of reconstruction is if it will only last 20 years - the same life as rehabilitation. Ms. Rita Burkhard, 726 Decorah Lane, asked if the city will replace trees that are taken down if the project goes through. She stated that she thinks some of her trees are within 4 feet of the street. She also stated that if the street is widened something must be done about traffic speeds or someone will be seriously injured. Ms. Rosemary Rued stated that she has lived in the area for 35 years and many years ago her family hired an attorney to fight curb and gutter. She stated that her property has 205 feet of frontage and she is concerned that she will have to pay for the full frontage. She informed Council that she is very opposed to the project, does not feel that the street improvement or storm sewer is necessary, and the proposed assessment would be a hardship for her. She also expressed concern over the speed of traffic on Decorah. Responding to the concerns over traffic speed on Decorah, Mayor Mertensotto stated that he will bring the concerns to the attention of the Police Chief. Mr. George Weiner, 2145 Fox Place, stated that the water problems come from the spillway by his property coming off of Dodd Road. He felt Page No. 3752 September 7, 1993 that something should have been done to correct the drainage problem years ago, and informed Council that he is opposed to curb and gutter. He felt that something should be done with the street and that the city should correct the drainageway between his property and the old fire station site. Mayor Mertensotto stated that the proposed project was not initiated just for storm water problems. He informed the audience that if only an overlay is done and the properties are assessed $1,500, owners should not come back in the future and expect a credit of $1,500 if they then want curb and gutter. Councilmember Krebsbach stated that she would like to know the extent of the water problems and whether the residents truly prefer country style streets or oppose urban design because of the cost. She also stated that she would like to know whether people would prefer the realignment of the Dodd/Decorah intersection. Mr. Becker stated that he opposes the project and that when the city removed the fire station it did nothing to correct the drainage problems. He further stated that he would appreciate the streets being overlaid but does not want curb and gutter. Mr. Brad Herbert, 2158 Fox Place, stated that he does not think curb and gutter is needed and that the drainage problem in the first addition comes from Dodd Road through the old fire station site and then goes down Hokah. He felt that this is the only drainage problem needing correction. Mr. Lew, 787 Mohican, stated that the assessment would cost about $27.80 per month, which would not be a hardship to him but there are many people in the neighborhood who have limited means. Mr. John Maczko, 751 Cheyenne, stated that he has mixed feelings about the project - he works for the City of St. Paul and they cannot keep up with the requests from people who want to go from country to urban design streets because of the property value increase. He stated that he cannot justify a $3,750 assessment and does not believe the value of his property will increase to than extent. He Page No. 3753 September 7, 1993 stated that the curb will help keep cars on the street an not in his yard and would make the neighborhood look nicer, but not to the extent of $3,750. Mr. Blake stated that it sounds to him that the cost factor for the people on Decorah would be nothing if MSA funds were used and nothing were done to the rest of the neighborhood. He further stated that the excess MSA funds could be put to good use if the city did a study on how to slow traffic on Decorah. He suggested that the city do a mailed survey of the neighborhood to see what people want done because there are two issues - no one wants to pay $3,750 for reconstruction and it sounds like it may be beneficial for the city to upgrade Decorah. Engineer Eckles responded that MSA can be used to fund some, but not much, of the storm sewer cost, and that a number of formulas are used to determine how much funding the state will provide for a project. Councilmember Krebsbach stated that another issue is the extent to which the neighborhood has maintained a standard - the neighborhood seems to have maintained itself well without improving the streets. She felt that the question is whether reconstruction is another enhancement which would sustain the neighborhood. Mayor Mertensotto felt that it would be very difficult as far as storm water problems, to upgrade Decorah to MSA standards without doing anything for storm water in the rest of the neighborhood. He explained that Council can look at upgrading Decorah but there would still be an assessment involved. Engineer Eckles stated that the total reconstruction project would cost an estimated $1.7 million. An overlay project on the 3.5 miles of street, including repairing some of the bad spots in the subsurface of the streets, would cost about $400,000, which would result in an assessment of about $1,500 per lot. He pointed out that there would be no guarantee on an overlay project but on a total reconstruction project the city guarantees and maintains streets to urban standards. Page No. 3754 September 7, 1993 Mr. Mike Coonan stated that as he understands the discussion, the city would participate in the costs of a reconstruction project but would not participate in the cost of an overlay project. He felt that rehabilitation of the streets should have been addressed seven years ago and stated that he is opposed to curb and gutter but would be in favor of an overlay or a complete rebuilding without curb and gutter. Mr. Don Stahl, Jr., stated that the comparison between Friendly Hills and any other neighborhood in the city is unfair because Friendly Hills is unique. He objected to curb and gutter. Mayor Mertensotto stated that there are over 100 people in attendance at the hearing and apparently most want only a blacktop overlay. He informed the audience that Council will keep the public comment period open for another 60 days to allow property owners to submit comments. Councilmember Koch stated that she has received calls from people who are in favor of the reconstruction project and that she would like the hearing kept open to allow those who are in favor of it to submit their comments. With respect to the safety issue on Decorah, Mayor Mertensotto stated that Council will direct the Police Chief to address the problem and that it will be up to him to determine how best to handle it. Councilmember Smith stated that comments have been made this evening that many communities have found curb and gutter to be advantageous and there are reasons it can be beneficial but that she is reluctant to compare Mendota Heights to other cities. She further stated that urban style streets may be a standard to aspire to in the neighborhoods that want it but that Council does not want to force that standard on neighborhoods which do not want it. There being no further questions or comments, the Council by consensus continued the hearing to November 2. Page No. 3755 September 7, 1993 RECESS Mayor Mertensotto called a recess at 10:00 p.m. The meeting was reconvened at 10:10 p.m. FIRE TRUCK Fire Chief Mackzo reviewed his memo regarding the bid award for refurbishing fire truck 2287 and the removal of the squrt from the 1970 pumper. He stated that bid forms were sent to three manufacturers and only Custom Fire Apparatus submitted a bid. He informed Council that Custom built the 1988 pumper and has built numerous vehicles for cities in the area. He explained that the bidders were required to submit a base bid and bid on five alternates. one of the alternates was to install a 1,000 gallon tank on the existing squrt unit, which the department feels will increase the resale value. It is anticipated that the value of the truck after installation of the tank will be $20,000. He recommended approval of this alternate (A) and alternate D Squrt boom light ($650) but not alternates B and C. He informed Council that the bidder has recommended an alternate for stainless steel construction ($4,500 cost) rather than aluminum as had been specified. He explained that stainless steel construction would be warranted for 15 years compared to a 5 year warranty for aluminum construction, and recommended approval of the alternate. Chief Maczko informed Council that the total cost for the refurbishing including the recommended alternates is $135,730, $12,370 over the estimated cost, and the cost for a new truck would be $290,000. Mayor Mertensotto asked what other fire departments have removed articulating arms from units and placed them on others. He expressed concern over making such an investment to refurbish a 1978 vehicle. Chief Maczko responded that St. Paul has remounted three articulating arms on new chassis. He stated that virtually everything on the 1978 unit has been rebuilt and that the department feels that refurbishing the unit will be an excellent investment. Mayor Mertensotto stated that bills for repairs on unit 2287 come up on the claims list more than any other piece of equipment and that the repair costs will not change if the unit has the same engine. Page No. 3756 September 7, 1993 Assistant Chief Neska reviewed repairs which have been made to the unit, stating that most have been just normal wear and tear. He stated that the truck is 15 years old and by putting a new chassis on it, it will last another 15 years. Mayor Mertensotto stated that the 1970 pumper is underpowered and he did not think it would resell for $20,000 even with a 1,000 gallon tank. Chief Maczko responded that he is basing his recommendation on the 1,000 gallon tank on research. He explained that the tank will benefit the city in that protection is provided to Sunfish Lake, but the real reason the tank is proposed is for resale value. He informed Council that the department proposes to trade the unit in, along with the 1960 unit, in the next two years on an aerial truck. Assistant Chief Neska stated that it will only cost $1,200 to put the tank on the pumper now because the truck will be taken apart for removal of the Squrt, but it would cost another city $5,000 to $6,000 to replace the tank later. Responding to a comment from Mayor Mertensotto on making a $135,000 investment to upgrade #2287, Chief Maczko stated that the city still has a 1960 pumper in service and it does not cost much to operate. He explained that the drive train, engine, etc., which are on 2287 are still in production today and that all of those parts are in great shape and should last at least another 15 years. Councilmember Huber expressed concern that only one bid was received. Chief Maczko responded that the truck is custom built and two of the bidders are too busy to take on the project. He informed Council that the specification was not written restrictively and that the department did not anticipate that only one bid would be received. Councilmember Huber stated that he accepts the recommendation to install a 1,000 gallon tank on the pumper because of its usefulness to the city but pointed out that no decision has been made on an aerial truck or sale of the unit in two years. Page No. 3757 September 7, 1993 Councilmember Huber moved to accept the bid and award the contract for refurbishing truck 2287 to Custom Fire Apparatus for their base bid of $129,380 and alternates A for $1,200, alternate D for $650, and the alternate to upgrade to a stainless steel body, for a total cost of $135,730. Councilmember Smith seconded the motion. Ayes: 4 Nays: 1 Mertensotto Mayor Mertensotto asked what value would be received for unit 2287 in the event of an accident. Staff was directed to contact the city's insurance carrier for information. PUBLIC WORKS GARAGE Council acknowledged a memo from Public Works Garage Project Manager Guy Kullander regarding bid awards and change orders for the public works garage expansion. Councilmember Smith moved to accept bids and issue purchase orders to Pine Bend Paving for asphalt surfacing for its low bid of $10,049.71, to Droel's Caulking Co., for caulking of control and expansion joints for $596.00 and to Waterproofing, Inc., to coat the repaired north block wall for $120, and to approve the following change orders: change order no. 4 to Dahn Excavating, $6,255.48 (install, grade and compact Class 5 crushed rock); change order no. 5, Dahn Builders, $2,190 (repair, insulation and patching of walls); change order no. 6, Witt Miller Proofing, $1,846.00 (tapered insulation over office); change order no. 7, Klamm Mechanical, $1,448.78 (increase watermain for fire sprinkler system); change order no. 8, Klamm Mechanical, $2,800 (relocate existing LP gas line); change order no. 9, Cool Air Mechanical, $3,380.00 (natural gas piping); and change order no. 10, Carlson Fire Protection, $1,404.00 (sprinkler system modifications). Councilmember Krebsbach seconded the.motion. Ayes: 5 Nays: 0 CASE NO. 93 -17, DEEB Mr. Jake Deeb was present to request approval of a wetlands permit to build an approximate 1,000 square foot detached garage at 1780 Dodd Road within 36 feet of Willow Creek. Council J acknowledged associated reports from the Public Works Director and City Planner, along Page No. 3758 September 7, 1993 with the minutes of the Planning Commission meetings from July and August. Mayor Mertensotto stated that he has spoken to Mr. Deeb and while Mr. Deeb is asking for a wetlands permit so that he can build a 1,000 square foot garage, he believes a conditional use permit is needed. Mr. Deeb responded that at the Planning Commission meeting he was told that if he eliminated his existing tuck-under garage and wants to build a detached garage he could build a structure of between 450 and 1,000 square feet without a conditional use permit. He stated that he does not believe he needs a conditional use permit if the existing garage is eliminated. Mayor Mertensotto stated that Mr. Deeb could build a three-car garage for garage purposes but felt that the structure would be considered an accessory structure if it were 1,000 square feet in size. Public Works Director Danielson responded his interpretation of the ordinance is that if the existing garage were eliminated Mr. Deeb could build a detached garage between 450 and 1,000 square feet, and that any structure greater than 144 square feet other than a garage requires a conditional use permit. He pointed out that in any event, unless the existing garage is eliminated, a conditional use permit is required. He informed Council that because Mr. Deeb proposes to place the structure within the wetland setback, the Planning Commission felt that the wetland issue should be discussed first. Mayor Mertensotto stated that the Planning Commission could not arrive at a consensus on a recommendation. He stated that a wetlands permit cannot be issued until a determination is made on what can be built. There was discussion over the history of the lot and the re-routing of the creek in the past. Mayor Mertensotto stated that information given to Mr. Deeb has been misleading and there is confusion over what is considered an accessory structure and what is considered a Page No. 3759 September 7, 1993 garage. He pointed out that Mr. Deeb is asking for a 1,000 square foot structure to use as a three-car garage. He suggested that the wetlands permit fee paid by Mr. Deeb be refunded and that the Planning Commission be directed to resolve the questions about the ordinance language. He stated that he would be very surprised if Mr. Deeb does not need a conditional use permit, and that Mr. Deeb will still need a wetlands permit after the issue of accessory structure versus garage is resolved. Mr. Deeb stated that he wants to build an unattached building of 1,000 square feet in size, and that he would like the city to refund the wetlands permit fee. City Attorney Hart stated that the issue is confusing in that there are a number of variables - what has been applied for and whether it meets the test of a garage by definition of the ordinance, and whether the application was filed before the adoption of the recently revised accessory structure provisions in the zoning ordinance. Councilmember Smith moved to refund the wetlands permit application fee. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto informed Mr. Deeb that the Planning Commission will be directed to resolve the impasse over the interpretation of accessory structure versus garage within the next 30 days. KANE WATER ASSESSMENT Mr. Raymond Kane, 2579 Delaware Avenue, submitted a petition and waiver of hearing for watermain improvements in connection with the Biel/Kennedy project and a request for deferment. Council also acknowledged an associated memo and proposed resolution from Public Works Director Danielson. Mayor Mertensotto informed Mr. Kane that if a deferment is granted, collection of the deferred amount and accrued interest would be delayed until such time as the property is sold or connects to city water. Councilmember Krebsbach moved adoption of Resolution No. 93-51, "RESOLUTION ADOPTING AND Page No. 3760 September 7, 1993 CONFIRMING ASSESSMENTS FOR WATER IMPROVEMENTS TO SERVE THE BIEL, KENNEDY AND KANE PROPERTIES (IMPROVEMENT NO. 93, PROJECT NO. 2)." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Staff was directed to prepare a resolution to defer the Kane assessment for adoption at the next Council meeting. BIEL /KENNEDY /KANE Council acknowledged a memo from Public Works SANITARY SEWER Director Danielson regarding a request from the Biels, Kennedys and Kanes for an extension of sanitary sewer to their properties on Delaware Avenue. Mr. Danielson informed Council that the property owners have submitted a petition and waiver of hearing but feel that the projected assessment of $6,833 per lot is too high. Mayor Mertensotto suggested that the engineering costs of $4,400 be charged to the utility reserve fund, which would reduce the project cost to $16,100. He pointed out that sewer assessments are generally levied on two sides of the sewer line, but because the other side of Delaware is in Sunfish Lake only the three affected properties can be assessed. The property owners informed Council that they would meet with Mr. Danielson and decide whether to pursue the sewer extension at this time. LILYDALE UTILITY Council acknowledged a memo from Public Works REQUEST Director Danielson relative to a request from Mr. Bill Stub for approval to connect property located in Lilydale, located at Victoria and T.H. 13, to the city's sanitary sewer and water systems. Mr. Strub informed Council that he plans to build five townhouse units on the property. He informed Council that Lilydale had approved a plan from another developer for 23 units on the site. The project was never built because Dakota County took a large part of the site as right -of -way for realignment of Victoria. Mr. Strub explained that the development he will propose to Lilydale will be for five very low profile townhomes. He explained that the site will never be used for single family development because the expense would be too great, and informed Council that he is present Page No. 3761 September 7, 1993 this evening to ask Council to determine the per unit utility connection charge. Councilmember Smith stated that she would like to give the Ettingers the opportunity to review the proposal and would like to know what impact the development would have on their property. Councilmember Krebsbach pointed out that Mendota Heights residents have not had the opportunity to react to the proposal. She felt that adjacent property owners in Mendota Heights should be informed on what is planned and what the city's role is. Mr. Strub responded that his survey was completed today and he should receive it on Thursday. He stated that he will transpose the five units onto the site plan for adjacent property owners to review. With respect to the connection charge options in the Public Works Director's memo, Mr. Strub stated that he will only be using 200 feet of the lot frontage and cannot afford a $28,000 cost for five units. Councilmember Krebsbach asked what the projected sale price of the units is. Mr. Strub responded that he will try to keep the price between $185,000 and $225,000. He explained that much dirt removal and compaction must be done and the proximity of the site to the Shiely operation and the service station and liquor operations on T.H. 13 depress the market for the property. Councilmember Smith felt that the Option A connection charge is too generous and Option B is too high, and stated that she would be willing to consider half of the assessment originally proposed for the property. Mr. Strub thanked Council for its consideration and stated that he will prepare and submit a plot plan for Council and the neighboring property owners as soon as possible. PUD ORDINANCE Council acknowledged receipt of the proposed Planned Unit Development Ordinance amendment. Action on the matter was tabled to September 21. Page No. 3762 September 7, 1993 IVY FALLS CREEK Council acknowledged an update from Pub ' lic Works Director Danielson on the Ivy Falls Creek improvement project. It was the consensus of Council that a hearing should be conducted to notify affected property owners of a proposed change in the bidding date, construction season and assessment certification date. Councilmember Krebsbach moved adoption of Resolution No. 93-52, "RESOLUTION CALLING FOR HEARING ON AMENDMENT OF RESOLUTION NO. 92-82 ORDERING IVY FALLS CREEK IMPROVEMENTS (IMPROVEMENT NO. 91, PROJECT NO. 6).11 Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:15 o'clock A.M. K,ithleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL September 7, 1993 HVAC License Thermex Corporation General Contractors License Bremer Construction