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1993-03-02 Council minutesPage No. 3545 March 2, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 2, 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 Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the February 16, 1993 regular meeting, as corrected. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Abstain: Koch CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the February 23rd Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for February. C. Adoption of Resolution No. 93 -11, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT-NO. 91, PROJECT NO. 4," awarding final payment of $31,962.10 to Tower Asphalt for work completed on the Mendota Heights Road project. d. Authorization for the Police Department to j purchase two 1993 Chevrolet Caprice police - vehicles from Polar Chevrolet, through the state contract, at a total cost not to Page No. 3546 March 2, 1993 exceed $29,000, including equipment change over and graphics. e. Adoption of Resolution No. 93 -12, "RESOLUTION AUTHORIZING ENGINEERING STAFF TO SUBMIT AN APPLICATION FOR A METROPOLITAN WASTE CONTROL COMMISSION GRANT FOR AN INFILTRATION PROJECT," for up to $10,000 in matching funds to repair a leaking sanitary sewer line in an easement between Ridgewood Drive and Marie Avenue, city costs to be financed by the Utility Reserve Fund. f. Approval of the list of contractor licenses dated March 2, 1993 and attached hereto. g. Approval of the list of claims dated March 2, 1993 and totaling $294,642.71. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 DOWNTOWN SURVEY Dr. William Morris, from Decision Resources, Inc., and his partner Diane Traxler were present to review the proposed methodology for conducting a community survey about the downtown area. Mayor Mertensotto asked what additional costs the city may incur in excess of the $5,000 basic fee. Dr. Morris responded that the $5,000 fee is a "not to exceed" figure, and will cover the total cost of the project, including all interpretations, all presentations, etc. Mayor Mertensotto felt that the agreement should be in letter form rather than the standard form of agreement. He also noted that the sample agreement states that all of the survey questionnaires, etc., remain the property of Decision Resources. Dr. Morris stated that he could give the city a listing of all who are contacted, separate from the list of responses, otherwise those surveyed would have to be informed up front that the survey questionnaires will be turned over to the city. Page No. 3547 March 2, 1993 Ms. Traxler stated that the city will be provided with a survey showing responses by geographical location, participant age, etc. Responding to a question from Mayor Mertensotto, Dr. Morris stated that he will work with the city's staff to develop 25 potential survey questions, after which he will bring the recommended questions to Council for approval. Councilmember Huber asked if questions relating to demographics must be included within the 25 questions asked. Dr. Morris responded that a geographical question will be included so that responses can be tabulated by geographical location. He informed Council that the survey questions will only be asked of adults. Ms. Traxler suggested that Council might want some demographic information to be included in the questions, because opinions may vary by age, education level, etc. of the respondents. Councilmember Smith stated that some of the questions are likely to involve design, which would be very difficult to explain over the phone. She asked if Dr. Morris sometimes selects the participants randomly and then send them the survey. Dr. Morris responded that this approach is not normally recommended because it would not provide the same interpersonal responses as the telephone survey, but that one approach is to publicize the survey in the city's newsletter. He explained that in the phone survey, interviewers introduce themselves and tell the participant the survey is being done for the city and the participant's input is desired. It was the consensus to direct Dr. Morris to prepare a letter of agreement for approval at the March 16th meeting, stipulating a fixed fee amount of $5,000 for the total project and detailing information on what will be done. Staff was directed to include an article on the survey in the next issue of the city newsletter. Page No. 3548 March 2, 1993 CASE NO. 93-03, Council acknowledged an application from CELLULAR ONE Cellular One for a conditional use permit for an amendment to the Riverwood Place PUD to allow construction of a 75 foot tall mono pole antenna as an essential services structure and small equipment building on Lot 1, Block 1 of the Riverwood Place PUD. Council also acknowledged staff reports, a letter from Cellular One responding to the Planning Commission's recommended conditions, and a letter of agreement from Cellular One, dated February 25, 1993 with respect to equipment installation, operation, maintenance and signal frequency. Council acknowledged a grant of roadway easement from the owners of all of the units in Condominium No. 65 to allow access to construct and service the proposed Antenna Facility. Mr. Bill Strub gave Council a history of the Riverwood Place P.U.D. He informed Council that the eight individuals who reside in the condominium building jointly own the building. He stated that one of the Planning Commission recommendations is that CDI discontinue use of the existing circular road. He informed Council that CDI does not want the road and is in the process of negotiating the purchase of the last undeveloped lot - they would like a single medical facility on the existing and undeveloped lot. Mr. Warren Dunlap, representing Cellular One, gave a history of the firm, described how cellular works, explained frequency allocation, multiple cells, etc. He stated that the subject site, 75 feet in height, is about as low as a facility can go. He discussed capacity and dependability of cellular service and stated that Cellular One is trying to provide communities with dependable, reliable communications but has a capacity problem. Mendota Heights is served by several cells, including one in St. Paul which is overloaded, and in order to maintain service in Mendota Heights, the firm must have a site in the community. He explained that Cellular One has 45 different frequencies at each cell site. Mayor Mertensotto expressed concern that if Council approves the request, Cellular One will be back in six months to ask for another tower. Mr. Dunlap responded that it is Page No. 3549 March 2, 1993 possible that a request will be made in the future but that he does not see a need for another tower in Mendota Heights for about three years. Councilmember Krebsbach asked for an inventory of towers which have been approved in the past five years. She also asked if Council will likely receive more requests if the Cellular One application is approved. Administrator Lawell responded that council has approved antennas for U.S. West on the city's water tower and has recently denied a request for a ham radio antenna. He stated that the requests were distinctly different from each other - the one which was denied was in a residential district and could possibly have caused damage to adjacent properties if it were to fall. The Cellular One site is a business site, and if the tower were to fall, it would not hit anything. In terms of future requests, he stated that as the cellular market continues to grow, he would expect to receive additional requests. He informed Council that U.S. West intends to soon ask Council to approve three additional antennas on the water tower. Responding to a question from Councilmember Krebsbach, Mr. Dunlap stated that the output from the antenna is about 100 watts, similar to a lightbulb. Mayor Mertensotto asked about the potential real estate tax on the property. Mr. Dunlap responded that on a similar site in Eagan, the firm pays between $3,000 and $4,000 in annual real estate tax (on a five acre site). Councilmember Smith asked for clarification on whether the proposed facility is an essential service structure. Mr. Peter Beck, legal counsel for Cellular One, responded that the tower is an essential service under the definition in the Zoning Ordinance, and that an essential service is a permitted use in the commercial district, but because the site is located within a PUD, Cellular One must also ask for a PUD amendment. Page No. 3550 March 2, 1993 Acting City Attorney Lloyd Grooms responded that the essential service use is appropriate, although the Zoning ordinance definition does not specifically address cellular towers. He suggested that Council may wish to consider address an amendment to the ordinance to specifically include cellular towers within the ordinance definition. Councilmember Koch asked why the tower must be 75 feet tall. Mr. Beck responded that the signal that is generated is a line-of-sight signal and that 75 feet of height is needed to provide necessary coverage. He pointed out that 75 feet is the maximum height of the overall structure, including the antenna. Councilmember Huber was concerned over visibility of the antenna from the Cherry Hills area. Mr. Beck stated that although he could not say that it will not be visible, he did not feel that it will be obtrusive. He pointed out that it will be quite far away from the residential area. He stated that the antenna will be visible during the day but will not be lit, and will not be visible in the evening. He also stated that the antenna will be painted to blend in with the skyline. Council discussed the antenna color, and it was the consensus that it should be painted the same color as the antennas on the water tower. Mayor Mertensotto expressed concern over future interpretation of the height and suggested that the proposed resolution be amended so that it would allow construction of a mono pole antenna telecommunications facility with an overall height not to exceed 75 feet. Councilmember Smith suggested that the fourth condition in the resolution be amended to require that electrical emissions comply with future minimum requirements as well as existing requirements. Mr. Beck responded that Cellular One must comply with all FCC requirements in order to receive license approval. Councilmember Smith stated that she understands that the loop road is not desired Page No. 3551 March 2, 1993 by any of the condominium owners and that CDI wishes to purchase the remaining undeveloped lot. She asked what future access will be provided to that lot if CDI does not acquire it. Mr. Beck responded that the parcel has access from the other direction and that Cellular one has provided an easement so that if a future decision is made that a road is needed, one can be built. Mr. Strub stated that he has taken the easement to the County for recording, and presented a copy of the easement for city records. Administrator Lawell stated that he understands that no further cells could be placed on the lot, but rather it would be likely that other sites would be considered in the future. Mr. Beck responded that if cellular use continues to grow there will be requests for more cells in Mendota Heights, but those cells would have to be lower and would possibly be located on existing structures. He stated that Cellular One will not request additional antennas on the subject site in the future. Mayor Mertensotto pointed out that Council would give no guarantee that it will grant approvals of other antennas in the future. With respect to street lighting, Mr. Strub stated that lighting is in place. Mr. Beck stated that if city staff concludes that additional lights are needed Cellular one will install them. Councilmember Smith moved adoption of Resolution No. 93-13, "RESOLUTION AMENDING THE RIVERWOOD PLACE PUD AND APPROVING A CUP ALLOWING A SEVENTY-FIVE FOOT (751) HIGH ANTENNA TOWER AS AN ESSENTIAL SERVICES STRUCTURE," as amended to incorporate changes and conditions discussed by Council this evening. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Page No. 3552 March 2, 1993 CASE NO. 92 -31, Council acknowledged a report from Public MAZZARA Works Director Danielson regarding a proposed preliminary plat from Gerald Mazzara for the development of a three lot subdivision located south of Wentworth Avenue, approximately 800 feet west of Delaware Avenue. The developer had originally submitted an application for planned unit development for the property but had been directed by Council on January 19th to process the development as a subdivision rather than as a PUD. Mr. Gerald Mazzara, from Architectural Forum, was present to represent the property's buyer and seller. Mayor Mertensotto pointed out that there was no reference to the park contribution in the conditions recommended by the Planning Commission. He also stated that the high water elevation should be shown on the plat and that minimum basement elevations of 4 feet above the high water mark should also be shown. He also suggested that the wetlands boundaries be recorded on the plat. Mr. Mazzara stated that he understands that a $2,250 park contribution is required and that he agrees to the requirement. He also agreed to showing the high water elevations on the plat and to the minimum 4 foot basement elevation. He informed Council that he believes the lowest basement elevation on the building pads is seven feet above the high water mark. Mr. Mazzara agreed to recording the wetlands boundaries on the plat. Responding to a question from Councilmember Smith, Mr. Mazzara stated that the lot line between Lots 1 and 2 has been moved slightly so that all of the lots are 2.5 acres in size. Councilmember Krebsbach asked if more effort can be made to provide an evergreen barrier along the lot line adjacent to the Garrett property, and particularly along the drive. Mr. Mazzara stated that he added a 35 foot scenic easement along the lot line for the benefit of the Garretts and that he will work with the Garretts to develop an acceptable landscape buffer. Public Works Director Danielson stated that resolutions are normally prepared for final plats and that the resolution for the Somerset Page No. 3553 March 2, 1993 Place plat will include the conditions imposed by Council and the Planning Commission. Mr. Mazzara informed Council that although the preliminary plat is for Somerset Place, it is possible that the name will be changed on the final plat. Councilmember Krebsbach moved approval of the preliminary plat for Somerset Place subject to the conditions recommended by the Planning Commission and the following conditions discussed by Council: submission of a $2,250 park contribution, recording of the wetlands boundaries on the plat, preparation of an acceptable plan for a landscape buffer along the lot line adjacent to the Garret property and particularly along the drive, recording of the high water mark on the plat and minimum basement elevations of four feet above the high water mark. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-25, Mr. Steven Patrick was present to request PATRICK approval of a lot division and variance for development of Outlot A, Mendota Woods Subdivision. Council acknowledged a report from Public Works Director Danielson regarding changes which had been made to the proposed lot division as the result of the February 2nd Council discussion on the matter. Mr. Patrick reviewed the changes which have been made since the last Council discussion and briefly reviewed the plans and information he has submitted. Mayor Mertensotto stated that the information indicates that the actual costs of the driveway construction will be shared equally by the owners of Lot 11 and Outlot A. He felt that the driveway construction should be Mr. Patrick's responsibility as the property developer, pointing out that in the event that the driveway is not installed according to the drawings and specifications the city could then cause the improvement and assess for it. Mr. Patrick stated that he would agree to a condition that he be responsible for driveway construction. Page No. 3554 March 2, 1993 Mayor Mertensotto stated that at the time of final approval, variances will be needed for Lot 11 and Outlot A since they do not have access on a public street. He also felt that a single curb cut for the driveway should be required. Mr. Patrick agreed to provide a single curb cut. Councilmember Smith stated that since a retaining wall will be needed for part of the driveway, there should be a sign for Lot 8 showing that it is the end of the drive. Mayor Mertensotto stated that there should be a decorative guardrail to delineate the driveway. Councilmember Smith stated that there should be appropriate signage showing the addresses of each of the lots and indicating that the drive is a private roadway. Councilmember Koch moved to grant preliminary approval of the lot division and variances requested by Steven and Jana Patrick, incorporating the conditions set forth by the Planning Commission and the conditions noted by Council this evening and to direct the applicants to return for final approval after the documents are in recordable form. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto expressed concern over ice rink flooding and stated that flooding should not be done by rink attendants. Mayor Mertensotto informed Council that he has been contacted by a contributor to the ANLEF fund who asked the status of the fund. He stated that at its March 30th workshop Council should discuss refunding the contributions. Councilmembers Koch and Krebsbach informed Council that they will be absent from the March 16th meeting. Councilmember Krebsbach urged Council to be sure that the Mn/DOT plans for the Mendota Interchange, which will be discussed on March 16th, include replanting of trees in the s-curve at the end of Glenhill Road and at the intersection of T.H. 110 and T.H. 55. Page No. 3555 March 2, 1993 At the request of Mayor Mertensotto, Treasurer Shaughnessy informed Council that the excess Metropolitan Transit Commission levy collected by Dakota County in 1992 will be used as an offsetting levy by the County for taxes payable in 1993 and will be applied against the properties which paid the over levy in 1992. SCHOOL TRAFFIC SIGNAGE Councilmember Krebsbach expressed concern over safety at the intersection of T.H. 149 and Mendota Heights Road and suggested that sighs be installed to alert traffic to the fact that there are schools in the vicinity of the intersection. After discussion, Councilmember Krebsbach moved to request Mn/DOT to install "proceed with caution" or similar signage on T.H. 149 approaching Mendota Heights Road and to establish a maximum 40 mile per hour speed limit on Dodd Road from T.H. 110 to 1-494, and further to direct staff to inquire as to the status of the city's request for traffic signals at the intersection of T.H. 149 and Mendota Heights Road. 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: 9:43 o'clock P.M. A. K/athleen M. Swanson City Clerk ATTEST: Charles E. mertensotto Mayor