Loading...
1991-12-03 Council minutesPage No. 3169 December 3, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 3, 1991 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 Blesener and Smith. Councilmember Koch had notified Council that she would be absent. Councilmember Cummins had notified Council that he would be late. AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting, as amended to move item 4j., house fire update, and 4g. Pine Creek Estates final plat, from the consent calendar to the regular agenda. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for November. b. Acknowledgment of cancellation of the December Planning commission meeting. C. Acknowledgement of a memo regarding clarification of the October 22, 1991 Planning Commission minutes with respect to the Dodd/Marie intersection. d. Authorization for the City Clerk to execute a Certificate of Correction to the Jefferson Heights plat (Koepke property). e. Authorization for the sale to Mn/DOT of a portion of City property located at the intersection of Acacia Boulevard and T.H. 55 for $20,000 for frontage road construction (Parcel 207), conditioned upon curb and gutter installation, and a Page No. 3170 December 3, 1991 temporary slope easement across a parcel of City land west of T.H. 55 and south of Acacia Boulevard for $1,000 (Parcel 271A), along with authorization for the Mayor and City Clerk to execute the required documents. e. Adoption of Resolution No. 91 -85, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." f. Approval of the list of contractor licenses dated December 3, 1991 and attached hereto. k. Approval of the list of claims dated December 3, 1991 and totalling $289,747.31. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 PUBLIC COMMENTS Mayor Mertensotto and the Councilmembers responded to questions asked by Boy Scout Pack 198 members Pat O'Brien, Roger Bailey, Brian Touhy, Al Wold, Carl Schneeman and Den Leader Schneeman. HOUSE FIRE Fire Chief Maczko and Captain Jamie Lerbs were present to report on a house fire at 538 Stone Road in the early morning of November 30, 1991, which resulted in a $200,000 loss sustained by the structure which had been under construction and was not yet occupied. PINE CREEK ESTATES Council acknowledged a report from Public Works Director Danielson with respect to a request for approval of the final plat for Pine Creek Estates. Mr. Danielson stated as part of the preliminary plat there were three lots, two drainage creeks between two of the lots and one towards the rear of the area. He explained that the Planning Commission and Council had expressed concern that the natural character of the creeks be maintained during and after development of the lots. In response, the developer has agreed to provide and file a scenic (conservancy) easement with the plat, and a copy of the proposed easement was included in the Council packet. Page No. 3171 December 3, 1991 Mayor Mertensotto cautioned staff to be sure the description of the easement is consistent with the plat. City Attorney Hart suggested additions and changes to the easement document and provided the suggestions to staff. Mayor Mertensotto stated that acceptance of the easement should be coincidental with granting the final plat approval. It was the consensus of Council that the developer re -draft the proposed easement to incorporate the changes recommended by the City Attorney, that it be executed by the property owners before re- submission to the City, and that action on the plat be tabled until a new easement document is signed and submitted. BUDGET /LEVY HEARING Treasurer Shaughnessy reviewed the proposed levy and 1992 budget for Council and the audience. Mr. Shaughnessy stated that the levy limit for 1992 is frozen at the 1991 level and cannot be increased for inflation or growth. He reviewed anticipated General Fund and Enterprise Fund revenues and expenses, and explained a graphic comparing the City's financial position and budgets in 1981 and 1991. Mr. Shaughnessy informed Council that the MWCC rates have increased 20% over the past two years and are anticipated to increase substantially in 1992. He pointed out that the City's sewer rate has not been increased in five years and recommend that Council consider increasing the rates in 1992. Treasurer Shaughnessy cautioned that the state is in a deficit position and it is possible that HACA aid to the City will be reduced again. Councilmember Smith stated that letters have been received from residents whose taxes are to increase more than the standard increase. Mr. Shaughnessy responded that one of the letters was from a townhouse owner. Townhouses were revalued in 1991 and their owners will see tax increases greater than owners of single family homes. Mayor Mertensotto asked for questions and comments from the audience. Page No. 3172 December 3, 1991 A gentlemen in the audience asked how many officers are on the police force. There being no further questions, Councilmember Blesener moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 91 -86, "RESOLUTION APPROVING FINAL 1991 TAX LEVY COLLECTIBLE IN 1992 AND ADOPTING PROPOSED BUDGET FOR 1992." Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 MENDOTA INTERCHANGE Council acknowledged a memo from Engineer STORM SEWER Klayton Eckles regarding cost sharing for the Mendota Interchange storm sewer. Council also acknowledged the Mendota Interchange Storm Sewer Cost Reduction Study (draft report) prepared for the City by Barr Engineering. Engineer Eckles and Dennis Palmer and Tim Anderson from Barr Engineering were present i' for the discussion. The primary issues in Engineer Eckles' report were minimizing the City's costs and drainage at Mendota Heights Road and Pilot Knob Road. The City share of costs, as proposed by Mn /DOT, is $803,000. The Barr report presented three options for reducing the City costs, and Engineer Eckles recommended Option 1, (Stage 1 Construction). This option involves re- routing the flow of water around the Big Wheel site to a different holding pond and adding one or two holding ponds near the intersection of Acacia /T.H. 55. The recommended option would reduce City participation to $431,000, plus $60,000 in additional future cost for creation of a holding pond. Mr. Eckles further recommended Option 3 (Stage 1 construction) of the Barr report for resolution of the Mendota Heights Road /Pilot Knob storm drainage problem. This option incorporates connection of a new storm sewer for the industrial park into the Mn /DOT system. It would increase the City's participation in the Mn /DOT project by $284,000. Future improvements within the ' industrial park to eliminate the drainage problem are anticipated to cost $270,000. Page No. 3173 December 3, 1991 Mayor Mertensotto stated that the estimated participation proposed by Mn/DOT is $803,000. He pointed out that the design changes suggested by Barr were intended to reduce City costs but at the same time Council is told that drainage problems in the industrial park should be corrected with the Mn/DOT project, bringing the City participation to $775,000. Mr. Anderson responded that the City cost can be reduced to $431,000 but that the Council should recognize that whatever option is selected to achieve the reduction will have implications in the master plan. The study attempts to put future needs into perspective in terms of planning. He stated that Barr is not only recommending an option to save $400,000 currently, but also an option that accommodates future needs of the City and minimizes future costs as well. Mayor Mertensotto asked if Mn/DOT will turn the system over to the City for maintenance after it is completed. He stated that if Mn/DOT expects the City to maintain the system, the City should get cost participation from Mn/DOT up front. Public Works Director Danielson responded that it is his understanding that Mn/DOT intends to maintain the storm system within the right-of- way. Responding to a question from Mayor Mertensotto, Mr. Palmer stated that the reason his firm recommends option 3 is that they recognize there is a problem at Mendota Heights Road and Pilot Knob. They have not considered other options in detail. There are other ways of remedying the problem, but since Mn/DOT is planning to construct a system now, he felt Option 3 should be looked at as a remedy. Engineer Eckles stated that staff asked Barr only to look at the cost participation issue. In preparing the City's watershed plan, Barr knew there was a problem in the industrial park, and presented staff with the proposed solution. He stated that he has considered other possible solutions, but could not find any other cost effective solution. Page No. 3174 December 3, 1991 Treasurer Shaughnessy informed Council that enough funding to take care of the intersection storm sewer problem has been reserved in the TIF. If the work can be done in conjunction with the Mn/DOT project, it would reduce costs and there would be enough funding available to take care of the balance of the problem. Mr. Palmer was asked, if Council determines the City has extraordinary needs that must fit into the system, whether Council must make the decision now because it would influence the design of the intersection project. Mr. Palmer responded that the industrial park option would greatly influence the design of the Mn/DOT project, which is currently designed for 36 inch pipe. The pipe would have to be increased in size to 60 inches. Councilmember Blesener asked if Council can proceed with the resolution rejecting Mn/DOT's original proposal without making a commitment to option 3, so as to allow additional time for design in the industrial park if it is needed. She also asked if Council were to send the report back to Barr with a separate request lust for the industrial park situation, would Barr bring back more alternatives to make it more viable cost-wise. Engineer Eckles responded that it seems that option 3 is the best approach to take. There are two options, piping and ponding, and all of those involved agree that ponding is not a good option. Councilmember Blesener suggested that the proposed resolution be revised to state that the City supports the interchange project and wants to see the issues resolved. She further suggested that paragraph 3A be revised to reflect that Mendota Heights is interested in correcting some storm water problems in the industrial park and that option 3 appears to be the best solution but the city will continue to explore other solutions. Mayor Mertensotto added that the resolution should state that Council is still concerned about the cost to Mendota Heights and about solving the industrial park problems. Page No. 3175 December 3, 1991 Administrator Lawell stated that he sees the only concern being that the City must look at resolving the industrial park drainage problems and that that must be part of the Mn /DOT design. Mr. Palmer stated that the improvements Barr proposes that Mendota Heights and Mn /DOT do is to construct three detention ponds in the industrial park part of the system, and a cross culvert to be paid 100% by Mn /DOT. Cost reductions under option one include construction of ponds on either side of Acacia Boulevard outside of the Mn /DOT right -of -way, a pond at the corner of proposed T.H. 13 and Pilot Knob and a cross culvert from the Big Wheel property to the Target property. He stated that Mn /DOT assumed that Mendota Heights would pay 100% of the cost for the current outflow near Cray Research but in reality, it is a cross culvert at T.H. 13 and Mn /DOT is obligated to pay all or a majority of the cost for a cross culvert. It was the consensus that Barr Engineering be requested to do a more in -depth study on the industrial park drainage problem. After discussion, Councilmember Blesener moved adoption of Resolution No. 91 -87, "RESOLUTION REJECTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION'S COST SPLIT FOR THE CONSTRUCTION OF STORM SEWERS AS PART OF THE MENDOTA INTERCHANGE PROJECT, AND REQUEST FOR REDESIGN AND REEVALUATION," revised to state that the City is in favor of rapid completion of the Mendota Interchange Project, rather than the original language which stated that the City is not against the Interchange project, and to restate 3a. to reflect that Options 1 and 3 and other possible changes need to be examined for cost savings and industrial park drainage problem resolution. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 VARIANCE PROCESSING Council acknowledged and discussed a memo from Administrative Assistant Batchelder regarding administrative policies regarding the processing of legal, non - conforming structures as "housekeeping variances." Page No. 3176 December 3, 1991 Administrative Assistant Batchelder stated that staff had originally recommended not processing housekeeping variances, but the Planning commission recommended that the current policy of processing "housekeeping variances" be retained. Mayor Mertensotto stated that the processing of the "variances" creates much unnecessary work. He pointed out that if someone has a useable structure and wants to build an addition, Council is not going to make the individual take down the original structure if it does not conform to current setbacks. Administrator Lawell informed Council that Councilmember Koch called him to ask that he inform Council of her position on the matter. She was concerned over efficiency in public service and the inconvenience and delay that would be caused for a property owner who would need a variance for the setbacks of an existing garage in order to get approval for an addition to his house. Councilmember Blesener agreed with the concern over service. Mr. Batchelder stated that the Planning Commission discussed the matter extensively and felt it wants to continue to review non- conforming structures because there may be cases where a proposed addition is not related to the non-conforming variance yet may still be an issue for the neighbors. Councilmember Blesener stated that if Council approves the Commission recommendation, she would like the planning fee to be waived. Mr. Batchelder responded that there would still be the problem of a six week delay before someone could get a building permit. Councilmember Smith asked if anyone could recall instances where anything has been accomplished by granting housekeeping variances. Administrator Lawell stated that the City Planner's position is that housekeeping variances are typically granted. The Planner had pointed out that if a structure built at a non-conforming setback were to burn down and it had not been granted a variance, Council Page No. 3177 December 3, 1991 could revisit whether it could be built in its original location. Councilmember Blesener asked why the issue cannot be dealt with as part of the building permit process rather than as a non-conforming setback (variance). Councilmember Cummins arrived at 9:35 P.M. Administrative Assistant Batchelder stated the staff had recommended that housekeeping variances only be required if the request is for an extension or intensification of the feature that is non-conforming. Mayor Mertensotto suggested that staff return to the Planning Commission to inform them that Council does not disagree with their recommendation to require variances for all non-conforming setbacks, inform the Commission of Council's concerns and draft language addressing those concerns. Councilmember Smith stated that Council should also look at whether or not it wants to grant the variances to run with the structure or the land if the structure is demolished. She felt that approving a variance would take away Council options in the future. City Attorney Hart stated that in a legal non- conforming use if the structure is destroyed or substantially destroyed and a variance has been granted, the variance will run with the land. If the project is destroyed, Council has said (by granting the variance) that given the characteristics of the land the variance is granted. He stated that there is no need for a variance if a setback is grandfathered in. He informed Council that "grandfathered" setbacks do not require a variance. Councilmember Blesener stated that the City policy should be that the City will not grant variances for non-conforming uses but will deal with them on a building permit basis, pointing out that issuance of a building permit is a completely separate issue from variances. Mr. Batchelder stated that the process of housekeeping variances is based on the policy contained in the memo, which does not say Page No. 3178 December 3, 1991 variances are required for building permits if the house has a non-conforming feature but does state that a variance would be required if there is an intensification of the use. He stated that over time it has evolved that everyone who has a non-conforming use had to get a variance but that the current City Planner interprets the ordinance differently from the former planner. Mayor Mertensotto stated that staff should discuss the matter with the Planning Commission and develop objective criteria on which to base a decision on when a building permit can be issued and when one cannot be issued. With respect to Councilmember Blesener's suggestion that fees be waived, Administrator Lawell informed Council that Mr. Joseph Schuster has asked that his fee be refunded. Mayor Mertensotto felt that there should be a fee for all variances. Councilmember Blesener responded that in the Schuster case the non-conforming setback had nothing to do with the building permit the applicants had requested. Councilmember Smith was concerned that if the Schuster request was approved there may be many more requests for refunds. Administrator Lawell informed Council that it was the Schuster case that prompted revisiting the issue. The Schusters feel it was unfair to require the variance and that their fee should be refunded. Mayor Mertensotto stated that the Administrator should inform the Schusters that there will be a change in the policy after the Planning commission recommendation is received and the fee will be refunded. PARK DEDICATION FEES Council acknowledged a memo from the Administrative Assistant regarding increased park dedication fees. It was the consensus that the recommended $1,000 per lot fee is too high and that $750 would be more appropriate. Page No. 3179 December 3, 1991 Councilmember Smith asked if there is a way of working out an equitable fee, such as applying equivalent dwelling units, for commercial properties. Administrator Lawell responded that the park contribution for commercial properties has been 5% of the raw land value. Mayor Mertensotto suggested that the commercial fee be set at 10%, pointing out that the fee can be negotiated down. Administrator Lawell stated that the Planning Commission addressed commercial dedications and discussed 10% but they were concerned over the impact such a fee might have on economic development of the industrial park. Mayor Mertensotto directed staff to prepare a resolution for the December 17th meeting establishing a fee of $750 per residential lot and a commercial/industrial dedication not to exceed 10% of the value of the land. ZONING ADMINISTRATION Council acknowledged a memo from the Administrative Assistant regarding zoning administration and policies. Assistant Batchelder informed Council that the Planning Commission reviewed the Council's recommendation and has agreed that there is no need for them to review final platting except where there are material changes from the approved preliminary plat. The Commission recommended amending the subdivision ordinance to delete the reference to sending final plats to the Commission. Councilmember Blesener moved to approve the Procedural Requirements for Planning Applications and to direct staff to proceed with the appropriate process to make the revisions to the subdivision ordinance. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 BLOCK GRANT Council acknowledged a memo from the City Administrator regarding the City's 1992 Community Development Block Grant Application. The proposed 1992 CDBG work program contemplates working with the HRA to locate Page No. 3180 December 3, 1991 and purchase a site for a senior housing project. Councilmember Cummins moved adoption of Resolution No. 91 -88, "A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1992 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING." Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Smith expressed appreciation to the Public Works employees for their performance during the recent heavy snowfall. Councilmember Blesener stated that she received many calls and plowing complaints from residents over the weekend because they could not reach the Public Works staff during the weekend snow storm. Mayor Mertensotto stated that staff should prepare a written policy on snowplowing. Administrator Lawell responded that the plowing policy was changed for the recent storm. The previous three primary routes were broken into four routes, and the cul -de -sacs suffered because there were fewer units doing them. He stated that the complaints primarily came from cul -de -sac residents, and that when a maintenance person is hired to replace Duane Toenyen there will be four routes plus the cul -de -sac trucks. Councilmember Smith asked who people can call if they have an emergency, and whether the Public Works garage can be "manned" to answer calls during storms. Councilmember Blesener suggested installing an answering machine which Public Works can check periodically. Mayor Mertensotto suggested that someone be available at Public Works to answer calls during real emergencies, and that this be incorporated into the snowplowing policy. Councilmember Blesener asked about the status of the Dodd /T.H. 110 ring road study. Page No. 3181 December 3, 1991 ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:14 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL December 3, 1991 Excavating License Lindquist & Leaf General Contractors Licenses Belkholm Brothers Builders Classic Construction, Inc. E & H Earthmovers, Inc. Krabbenhoft, C.L. Mell, Marlin-Construction Heating & Air Conditioning License Efficient Air Control, Htg. & A/C