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1992-10-20 Council minutesPage No. 3425 October 20, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 20, 1992 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 Cummins, Koch and Smith. Councilmember Blesener had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Cummins 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 October 13th Park and Recreation Commission meeting. b. Acknowledgment of the minutes of the September 2nd NDC 4 meeting. c. Approval for the Fire Department to purchase turn out gear from Minnesota Conway Fire & Safety for $3,654. d. Approve the appointment of Michelle Morgan to the City liaison seat on the Community Education Advisory Council. e. Acknowledge an update on the downtown survey suggestion. f. Acknowledgment of the Treasurer's monthly report for September. g. Acknowledgment of the minutes of the September 29th joint Council /Planning Commission workshop. Page No. 3426 October 20, 1992 h. Approval of the list of contractor licenses dated October 20, 1992 and attached hereto. i. Approval of the list of claims dated and totalling $263,720.53. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Council acknowledged a letter from Mr. John Trojack, 786 Upper Colonial, requesting traffic signals at T.H. 149 and Mendota Heights Road along with an associated memo from the Public Works Director. Mr. Trojack informed Council that he was nearly in an accident at the intersection this fall and has since requested accident statistics from the state. The information he received, which was only through 1985, showed one fatality, 3 incapacitating injuries, 10 other injuries and 20 property damage accidents. He informed Council that he has talked to the parents club at Visitation and the headmaster at St. Thomas and has circulated a petition for signal lights which now has over 500 signatures. Mr. Trojack stated that he understands that the city has limited authority over the intersection since T.H. 149 is a state highway, and asked for a strong Council resolution to Mn/Dot or the Governor or whoever necessary in order to get traffic signals at the intersection. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that the City did a traffic count at the intersection last spring and compared the counts to the state warrants. The information has been submitted to the state for analysis and a request for signals, however no response has been received as yet. Mayor Mertensotto stated that the intersection is a major access point to two schools and at least twice a day during the school year there is a concentration of school buses and cars in the intersection and the school access points. He felt that traffic signals are justified. Councilmember Cummins moved adoption of Resolution No. 92-70, "RESOLUTION REQUESTING Page No. 3427 October 20, 1992 THAT SIGNAL LIGHTS BE INSTALLED AT THE INTERSECTION OF DODD ROAD (TRUNK HIGHWAY 149) AND MENDOTA HEIGHTS ROAD," based on the petition, the number of accidents at the intersection and proximity of two schools to the intersection. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Councilmember Smith stated that she shares Mr. Trojack's concerns and that she had raised the issue last spring. She felt that the state warrants have been met, and stated that Mendota Heights Road approaching the intersection from the west is very poorly constructed and visibility is poor, which presents an additional reason why there have been so many accidents. MENDOTA INTERCHANGE Mr. Mike Dwyer, 558 Stone Road, was present to ask Council to adopt a resolution regarding the closing of the Mendota Bridge and requesting the City of St. Paul to reopen the Ayds Mill Road. Mayor Mertensotto stated that the request is appropriate given the number of people who regularly cross the bridge, which will close on October 28th for two years. He felt that Council should urge Mn /DOT to develop suggested alternatives and publish them in the local newspapers. He welcomed the request and suggested that Council adopt a resolution to submit to St. Paul and Mn /DOT and also that the cities of West St. Paul, Eagan, Inver Grove Heights, Lilydale and Mendota be invited to join in the request. Councilmember Cummins moved adoption of Resolution No. 92 -71, "RESOLUTION CONCERNING THE CLOSING OF THE MENDOTA BRIDGE AND THE REOPENING OF THE AYDS MILL ROAD." Councilmember Smith seconded the motion. Councilmember Cummins moved to amend the motion to include a formal request that the connection from I -35E to Ayds Mill Road be opened to all traffic during rush hour. Councilmember Smith seconded the motion. Vote on Amendment: Ayes: 4 Nays: 0 Vote on Original Motion: Ayes: 4 Page No. 3428 October 20, 1992 Nays: 0 PROCLAMATION Councilmember Cummins moved adoption of a Proclamation Acknowledging November 13-20, 1992 as Minnesota Chemical Health Week. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HEARING, CASE Mayor Mertensotto opened the meeting for the NO. 92-38, MILAVETZ purpose of a public hearing on an application from Alan Milavetz and Bonnie Resnick for a wetlands permit to allow construction of a fence within the wetlands setback at 2251 Copperfield Drive. Mr. Milavetz reviewed the original request, the Planning Commission hearing discussion on the matter, and the compromise recommended by the Commission. The compromise was to keep the fence four feet from the scenic easement area, and this is the request he is making to Council. He stated that the Copperfield Architectural Review committee has reviewed the plan and has approved the location and the materials, and although he realizes the committee's approval is not applicable this evening he wants Council to be aware that the approval has been given. Mayor Mertensotto pointed out that 18 people have signed a petition requesting that the permit request be withdrawn. He asked Mr. Milavetz what objection those individuals have to the fence. He further stated that the Architectural Review Committee had recommended that the fence be wrought iron. Mr. Milavetz responded that his impression at the Planning Commission hearing was that people object on the basis of aesthetics - they do not like fences and do not want them in the neighborhood. one objection stated at the hearing was that people in the neighborhood want their children to be able to walk around the wetlands, including the area in his back yard. He felt that the Planning Commission recommendation to move the fence four feet from the wetlands easement area would solve the problem. With respect to fence materials, he stated that he received a letter from the committee last evening stating that cedar would be acceptable. He submitted a copy of the letter to Council. Mr. Milavetz Page No. 3429 October 20, 1992 stated that he cannot find any basis in the wetlands ordinance which states that one type of material is preferred over another. He felt that it would be unreasonable to require wrought iron, which is much more costly. Councilmember Smith asked whether the fence will be permanent or if it would be removed after the children reach a certain age. Mr. Milavetz responded that the purpose for the fence is to provide safety for his children but that he cannot commit to removing the fence unless it doesn't hold up over time. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Mr. Milavetz pointed out that his compromise with the neighbors is to place the fence four feet from the scenic easement. He asked what his responsibility is with respect to maintaining the four foot area outside of the fence. He pointed out that the wetlands ordinance requires that no vegetation be disturbed and that if he keeps the four foot space for his neighbors to walk through he would have to keep it cut. Councilmember Smith stated that she has a problem with stating that the four foot area is for a public pedway - there are liability and private property issues involved. Sh suggested that Council can say that the fence must be back four feet from the scenic easement without placing any restrictions on the four foot area. Mr. Milavetz responded that it would be his intention to sod the area and keep it mowed. Councilmember Koch stated that she has no problem with granting the wetlands permit and would have had no problem granting the permit without a requirement that it be placed four feet from the easement. She cautioned that Council does not want to put restrictions on private property. Page No. 3430 October 20, 1992 Councilmember Cummins moved to approve a wetlands permit to allow construction of a fence at 2251 Copperfield Drive to within 37 feet of the pond, four feet from the scenic easement area. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 BONDING Council acknowledged a memo from Treasurer Shaughnessy regarding the sale of park and improvement bonds. Councilmember Cummins moved adoption of Resolution No. 92 -67, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,470,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1992." Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Resolution No. 92 -68, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $710,000 GENERAL OBLIGATION PARK BONDS OF 1992." Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 IVY FALLS CREEK Engineer Klayton Eckles was present to review a revised feasibility report for proposed Ivy Falls Creek improvements. He briefly reviewed the October 6th Council /staff workshop discussion on the issue and explained subsequent changes which had been made to the original feasibility report regarding the scope of the project and proposed financing. With respect to financing, he stated that the revised study envisions using tax increment funds to assist in enlarging the pond in North Ivy Hills Park, assessments of no more than 15% of the project costs to properties along the creek, initiation of a storm water utility and a contribution from the City of West St. Paul based on watershed management organization formulas. He informed Council that one unanswered financing question remains - whether to continue collecting taxes for creek improvements put in place as the result of an earlier creek improvement project. Mayor Mertensotto stated that the proposed assessment roll includes the O'Brien property and others on Maple Court. He asked whether Page No. 3431 October 20, 1992 this is an area where the sanitary sewer line is exposed. Engineer Eckles responded that one of the changes made in the revised study is that rather than spending $200,000 as originally proposed in that section of creek, after looking at it and hearing from the property owners, staff has concluded that it does not need to be built to the same standards as the rest of the project. Mayor Mertensotto pointed out that Mrs. O'Brien has contacted him and informed him that the engineering staff has told her she would not be assessed, which is not correct according to the proposed assessment roll. He stated that there is a great deal of misinformation going around about the project and that he has assured people he would withdraw his support from the project. He further stated that he feels that the project is timely and necessary but would not support it until good communication gets out and there is an understanding between the city and the residents. He pointed out that other drainage problems also concerning the city, including Mayfield Heights, the Mendota Interchange, the area near the Lexington Heights Condominiums and the industrial park, which must be corrected. He felt that the city must do a better job of communicating and staff should write up a description of the work, how it will be financed, who will be assessed, etc., and send that information along with a proposed assessment roll, to the 31 property owners proposed to be assessed. He further felt that they should be invited to attend the November 17th Council meeting for a presentation on what the project is proposed to consist of, at which time council could call a formal hearing. He suggested that the matter be tabled to November 17th. Councilmember Cummins asked whether the proposed informal discussion on November 17th would do to timing of the project in terms of getting the project approved before the end of the year. Engineer Eckles responded that he had proposed a public hearing on November 17th which would allow approval before year's end. Page No. 3432 October 20, 1992 Mayor Mertensotto was concerned about the project area description contained in the proposed hearing resolution. He pointed out that when people read the descriptions, they will not know what portion of the development additions would be included in the project. He felt that this is the crux of the communication problem and suggested that the notice be written in an informal way and sent to the affected property owners. He again suggested that the matter be brought back on November 17th and that staff be directed to prepare and distribute an information sheet with plain language, also informing residents that part of the proposed storm water utility charge would cover other drainage projects. Councilmember Cummins stated that he feels the issue should be resolved by the current Council and that Council should do everything it can to make a decision on the project before year's end. He felt that Council owes it to the public to make a decision. He was concerned that if the public hearing is left to December 15th, Council may run into additional delays which will not allow a decision this year. He felt that it would be more prudent to find a way to hold a public hearing at the first meeting in December. Councilmember Smith asked why a public hearing could not be held prior to the second meeting in December. Administrator Lawell responded that statutes require certain time frames for mailings and publication of hearing notices. He suggested that an informal meeting could be held on November 17th and a formal hearing on December 1st if Council adopts a resolution setting the hearing date. Councilmember Cummins suggested that advance informational notices inviting property owners to attend an informal discussion on November 17th could be sent out and that Council could also adopt a resolution and send formal notices for a hearing to be held on December 1st. He felt that this would provide every opportunity for people to make suggestions. Councilmember Cummins moved adoption of Resolution No. 92-69, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR A FEASIBILITY AND ASSESSMENT HEARING FOR IMPROVEMENTS TO SERVE IVY FALLS CREEK AND Page No. 3433 October 20, 1992 ADJACENT AREAS (IMPROVEMENT NO. 91, PROJECT NO. 6),11 with the provision that the feasibility/assessment hearing be held on December 1, 1992 and that staff be directed to provide informational notices to those proposed to be assessed, inviting them to an informal discussion on November 17th. Councilmember Smith seconded the motion. Mayor Mertensotto stated that not enough information has been given to the residents to generate their support for the project. He further stated that the proposed resolution states that parts of several additions are proposed to be assessed and this still presents a problem with communication. Councilmember Smith stated that she is concerned as to which sections of the creek are recommended for improvement. She further stated that she wants to be sure that the project is completely comprehensive for the foreseeable future and that some people have not been removed from the project because of objection and others have been included without the need for work along their property. Engineer Eckles responded that there were 23 properties affected in the originally proposed project and five properties have been added. One of those property owners requested that the work be done and no response has been received from the other four. The Doyle and Mullaney properties and two other properties near the falls, along a tributary where minor improvements are needed for stabilization, have also been added. With respect to the Mayor's concern, he stated that every property proposed to be assessed could be listed in the public notice, and only those property owners proposed to be assessed will be mailed notices. Councilmember Smith agreed to the suggestion for parcel-specific descriptions given the scope of the project. VOTE ON MOTION: Ayes: 3 Nays: 1 Mertensotto AIR NOISE Council acknowledged a community air noise update from Administrator Lawell, informing Council of a MAC Planning and Environment Page No. 3434 October 20, 1992 Committee meeting to be held on November 3rd along with an Aircraft Noise Briefing Document for Council's use. Councilmembers Koch and Smith indicated that they would attend the meeting. Mayor Mertensotto suggested that a position paper be prepared for the meeting and that it be mailed in advance of the meeting to all P & E Committee members. Councilmember Smith stated that she understands that the 1972 memo which stated that southern boundaries is essentially unpublished and that it came to Mendota Heights' attention in 1982 - the city has worked to change the boundary ever since. She stated that the argument against changing to unaffected areas really bothers her and the arbitrary boundary was put in place without the understanding of the impact and no opportunity for the city to object to it in a timely manner. Administrator Lawell responded that the thrust of the Braslau study was to show all of the changes that have occurred in the past 20 years and that because of the substantial changes the airport procedures must be changed. Mayor Mertensotto pointed out that no one could have envisioned 20 years ago that the current type of use of the corridor would ultimately be realized. Councilmember Smith stated that she will personally contact members of the MAC committees and would like to work with staff on the best way to follow up. Mayor Mertensotto asked that Administrator Lawell find out what information the MAC staff will be providing the P &E Committee and when the city can get a copy of the information. COUNCIL COMMENTS Councilmember Koch stated that several trees are down in the Ivy Falls Park and asked whether the damage has been done by beavers. Public Works Director Danielson responded that he has had many calls on the matter and that there is a beaver which will be removed this winter when the pond is frozen. Page No. 3435 October 20, 1992 SUPERBLOCK PLANNING Councilmember Cummins expressed concern over the October 13th Park and Recreation Commission discussion on the proposed Mazzara development on Wentworth Avenue in the superblock, and the recommendation for a cash park contribution rather than a land dedication. He asked how the proposed development would fit into the superblock configuration and if the land is adjacent to the area the city has been looking at for long -term superblock planning. Administrator Batchelder responded that the property is just north of the long narrow roads off of Delaware and immediately north of where the Comprehensive Plan designates a park use. Councilmember Cummins stated that perhaps the city may be better off asking for a one acre land dedication adjacent to the future park area. He further stated that he felt the a $2,200 contribution is very small for an area where park land may be needed. Assistant Batchelder responded that the city ' has the right to determine whether the contribution be cash or land. He further stated that the Park and Recreation Commission suggested that perhaps a larger cash fee was necessary for larger lots, such as those proposed. The Commission indicated that they would like Council to look at the park contribution resolution for lots greater than 1.5 acres to consider whether the $750 per lot required is adequate. Councilmember Cummins suggested that the Commission look very carefully at whether an acre of land should be required. Mayor Mertensotto stated that Council commissioned a superblock plan study for just these reasons. Council wants to see what the current development is and what it should be and work towards a scheme for future development of the superblock. He felt that the Park and Recreation Commission should look at the plan in more detail. Assistant Batchelder responded that the Commission is concerned that the superblock report is not yet completed. Page No. 3436 October 20, 1992 Councilmember Cummins stated that his reason for raising the matter this evening is that he knows that it will take time for the planning study to be completed and there will be other properties possibly developing before the superblock plan is completed. He pointed out that Council must not lose the opportunity to pick up some land which will ultimately be needed. Mayor Mertensotto agreed, stating that Council must see what the potential is for development is and that it is not a question of how many houses there will be but rather where the open space should be. Administrator Lawell stated that a letter could be mailed to the residents this week for a meeting to be held the first week in November. He further stated that the important issue now is where the trail connection will be. 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: 4 Nays: 0 TIME OF ADJOURNMENT: 9:20 o'clock P.M. Xathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor