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1989-12-06 Council minutesPage No. 2653 December G. 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, December 6, 1989 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 Anderson, Blesener, Cummins, and Hartmann. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. Councilmember Blesener moved approval of the minutes of the November 19th adjourned meeting with correction. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Adoption of Resolution No. 89 -132, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 88, PROJECT NO. 3," authorizing final payment of $3,887.58 to F.F. Jedlicki, Inc. b. Acknowledgment of the Code Enforcement monthly report for November. c. Approval of the list of contractor licenses dated December 6, 1989 and attached hereto. d. Approval of the List of Claims dated December 6, 1989 and totalling $233,212.14. Ayes: 5 Nays: 0 CASE NO. 89-44, CLT Ayes: 5 Nays: 0 BLOCK GRANT Page No. 2-65A December 6i 1989 e. Authorization for staff to issue a purchase order in an amount not to exceed $11,250 for a copier. Councilmember Blesener seconded the motion. Mr. Dave Dinger, representing C.L.T. Floor Coverings, Inc., was present to request approval of a thirty-two foot sign setback variance at 2400 Pilot Knob Road. Responding to a question from Councilmember Blesener, Mr. Dinger stated that the sign is the same type of sign as others in the industrial park, except that it will be backlit. Mayor Mertensotto asked if the sign will be 20 feet from the right-of-way. Acting Administrator Danielson responded that the sign is proposed to be 8 feet from the property line, 25' from the curb after Pilot Knob is widened. He stated that Council has been granting 20 foot variances in the industrial park, which would place the signs 20 feet from the property line. In this case there are existing pine trees which would totally block the sign if it were placed 20 feet from the property line. After discussion, Councilmember Cummins moved to approve a 32 foot sign setback variance at 2400 Pilot Knob Road. Councilmember Anderson seconded the motion. Council acknowledged and discussed a memo from Acting Administrator Danielson regarding use of the City's share of the Dakota County Community Development Block Grant funds, which is $37,000 in 1990. In his memo, Mr. Danielson informed Council that there are four City households on a waiting list to receive CDBG subsidized loans and that the average CDBG loan is $10,000. He also informed Council that the City could apply for a direct grant for future airport noise studies. Mayor Mertensotto suggested the City apply for the funding and if a hardship case arises, the funding could be reassigned. Ayes: 5 Nays: 0 BUDGET /LEVY HEARING Page No. 2655 December 61989 Mr. Danielson responded that if the City requests that the funds be applied towards planning, it would not be available for rehabilitation loans. He also informed Council that there is a $10,000 cap on rehabilitation loans, but that he has no specifics on the amount the four home- owners are asking for. Councilmember Blesener asked if the City can relinquish the grant if there is a hardship. Mr. Danielson responded that this could be done. Councilmember Blesener suggested that the City reserve $17,000, which would leave $20,000 for rehab loans. Councilmember Anderson suggested that the City would have maximum flexibility if Council earmarked the total funds. Acting Administrator Danielson stated that the City may not get the total amount, and that applying for the full amount might adversely affect the City's application. After discussion, it was Council consensus that the total funding application should be for housing rehabilitation. Councilmember Cummins moved adoption of Resolution No. 133, "RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1990 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING." Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the City's proposed tax levy and budget for 1990. Treasurer Shaughnessy gave a graphics presentation showing the General Fund expenditures budgeted for 1989 and proposed for 1990 and a proposed budget /fund comparison for the two years. He also informed the audience on the 1990 homestead tax capacity and projected taxes on residential property for 1990. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 261E6 Dec emb eir 1 989 Mr. Shaughnessy informed the audience that the proposed general fund budget is up approximately 8% over the 1989 budget and that valuation growth has increased nearly 11%. He informed the audience on the effect of the shift in State Aid to the School District, which resulted in a loss of $237,000 in revenues to the City. Mr. Shaughnessy stated that the proposed 1990 general fund levy is $1,793,000. Councilmember Cummins asked whether the City is a winner or a loser in terms of Fiscal Disparities. Mr. Shaughnessy responded that the City is a loser because there has been substantial commercial/industrial growth in the community. The City will lose approximately $86,000 in taxes on industrial property to the metropolitan fiscal disparities pool. Mayor Mertensotto asked for questions and comments from the audience. A gentleman in the audience asked how much of the increase in the park budget is because of the increase in park land. Mr. Shaughnessy responded that $50,000 has been budgeted for a new mower and that there are additional part-time hours budgeted. He explained that in the park referendum brochure, it was explained that it was anticipated that if the referendum were approved there would be approximately $100,000 in operating costs which would need to be funded by the general fund. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Biesener moved adoption of Resolution No. 89-131, "RESOLUTION APPROVING FINAL 1989 TAX LEVY COLLECTIBLE IN 1990." Councilmember Hartmann seconded the motion. HEARING - WAGON WHEEL Mayor Mertensotto opened the meeting for TRAIL IMPROVEMENTS Page No. 2667 December 0, 1989 the purpose of a continued public hearing on proposed improvements along Wagon Wheel Trail. Engineer Klayton Eckles informed Council and the audience that since the first hearing staff has been looking into different ways the City might fund the proposed project. Staff has discussed the matter with the Park and Recreation Commission, asking the Commission to consider to find a way to fund the proposed bike trail and offset proposed assessments. The Commission determined that they had no money in the referendum budget to use for the trail - the referendum did not include funding for a bike trail along Wagon Wheel Trail because of the availability of MSA funding for this purpose. He stated that after the discussion with the Commission staff looked at other possible funding sources. He noted that available state funding has been exhausted and staff could find no other way to lower assessments. Staff did however consider methods of alleviating the burden of assessments for the several very large parcels of property. He stated that some of the parcels have upwards of 300 feet of frontage on Wagon Wheel, and that there is precedent for deferment of property in excess of 100 feet of frontage. He recommended that in such situations assessments for frontages in excess of 100 feet be deferred until such time as the property is subdivided, not sold or subdivided. He stated that fewer than ten properties would be affected. A gentlemen in the audience stated that the people who live on Wagon Wheel do not want the project and that the street is in good condition. He stated that the residents don't need the improvements or the added costs. Councilmember Cummins asked what the MSA designation means in terms of bringing the street up to MSA standards. Acting Administrator Danielson responded that there is no pressure to upgrade the street but that the City continues to receive MSA funding based on needs. The City is only allowed to bank a certain Page No. 266-8.1-, December 61989 level of funding in its MSA account, and the money must either be spent or it is lost. Councilmember Cummins asked whether there are any other MSA roads where the funding could be used. Mayor Mertensotto pointed out that a portion of Mendota Heights Road is designated for future improvement. With respect to a question on whether Council wants to complete the improvement even though the residents don't want them, Councilmember Blesener stated that the same question arises in almost every City- initiated improvement. She felt that a trail on Wagon Wheel is badly needed and that it is a very dangerous stretch of road to bike or walk on. M.S.A. will pay about 80% of the cost, and if the City doesn't build the street now it will be needed in five years anyway, at a cost borne entirely by the property owners. She felt that it seems reasonable to take advantage of the MSA funds and improve the safety situation. She felt that the character of the neighborhood would not suffer and that Council must take a hard look at the benefit to the community as a whole. Mr. Bebel, 1011 Wagon Wheel, asked why the street would need replacement in five years when it was just built. Councilmember Blesener responded that the quality of construction is much better under MSA. Engineer Eckles explained the differences between MSA construction and the existing Wagon Wheel surface. Mr. Klaus, 1065 Wagon Wheel, asked what has made Wagon Wheel dangerous. He stated that he would rather walk on Wagon Wheel than on the trail through Rogers lake Park and that if the City wants a trail the City should pay for it, not the property owners. He further stated that other residents have not been assessed where a street already exists and that the City should have specified a bike trail along Wagon Wheel in the referendum. Councilmember Blesener responded that this is a necessary project and it is the Page No. 26M9659 , 1989 Council's responsibility to make it as economically feasible as possible. She also pointed out that the property owners have never paid a street assessment. Mrs. Rita Lahtonen, 854 Wagon Wheel, asked whether the option of widening the road and curb and gutter but without a bike trail has been considered so that there is no need to take property. Mayor Mertensotto responded that this could be done, but it would not totally be paid for by MSA funds. Also, the trail is part of the City trail program. Engineer Eckles explained the location of the existing right-of-way and stated that the road is 22 feet wide now and would be 53 feet wide including curb and gutter and trail. The entire street, trail and boulevard area is proposed to be constructed on City property and there would still be about a 10 foot boulevard between the edge of the street and the property lines within existing right-of- way. The owner of 809 Wagon Wheel stated that he just built on the north side of the street where the bike trail would go, and that his home will be no more than 20 feet from the bike trail. He was concerned over the safety of his small children. Mrs. Lahtonen stated that there is a large electric pole on the third cul-de-sac which seems very close to the street. She asked what consideration will be given to such utilities during construction. Mr. Bebel stated that Mr. Eckles has indicated that property owners would only be assessed for 100 feet of frontage and not the rest until the property is subdivided, but pointed out that the City will charge interest on the deferments. Attorney Hart stated that he will have to research whether a portion of the assessment can be deferred and that he does not want the residents to count on potential deferments. Page No. 2670 ' December 6, 1989 Ms. Kay Linafelter, 810 Wagon Wheel, stated that there are several streets feeding off of Wagon Wheel to the north, and asked how many additional homesites will be developed and if they will be assessed for this project. Councilmember Biesener responded that there are six lots now and the potential for six more at most and that they are not proposed to be assessed for this proposed improvement. Mrs. Ann Pabst, 970 Wagon Wheel, asked what will happen to the Klaus home which she felt is closer than 30 feet from the street. Mrs. Klaus stated that her front steps are 26 feet from the edge of the road. Mr. Eckles responded that staff has not looked at specific cases because the project has not yet been ordered, but that the road will fit within existing right -of- way. Mr. George Linafelter, 810 Wagon Wheel, asked for information on traffic counts. He felt that upgrading the road will invite more traffic. Mr. John Nowlin, 900 Wagon Wheel, stated that he would like to go on record as being in favor of the project. He stated that he has lived at 900 Wagon Wheel since 1976 and has seen a large increase in pedestrians and other traffic. He pointed out that there is no provision for on- street parking and that traffic must go into the opposite lane to get around cars parked along the street. He also stated that a roadway is not a walkway and by putting in a trail there is a designated space for people to walk on. He felt this would improve safety and property values and that curb and gutters will protect the life of the road. He asked that Council also consider improving Swan Lane between Cheri and Wagon Wheel as part of the proposed project. The owner of 905 Wagon Wheel asked whether there will be any additional stop signs, suggesting that if the curves are softened AYES: 5 NAYS: 0 Page No. 2671 December. 6, 1989 and the road is straightened out people will have less of a tendency to slow down. Mr. Richard Paul, 940 Wagon Wheel, stated that at the last meeting he said he wanted to see specific details before going on record. He stated that he has not seen any specifics and would like to go on record as opposing the project. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Mayor Mertensotto stated that at the first hearing he stated that unless the project was paramount and had to be done he would not force the project on the residents. He stated that he would suggest that instead, the MSA funding be shifted to Mendota Heights Road and that the proposed project be reconsidered in four or five years when the street surface is deteriorated. Councilmember Blesener stated that the proposed project will benefit the entire City and that MSA is available now versus the need for resurfacing in 4 to 5 years. Councilmember Anderson stated that his only concern in addressing the issue now rather than in the future is that the street is part of the MSA system and will most certainly be improved in the future. He pointed out that it is Council's responsibility to weigh the impact on the neighborhood as opposed to the benefit to the community as a whole, if the street is going to be upgraded to MSA standards in the future anyway. He stated that it makes economical sense to do the project now because of MSA funding. He felt that the residents do not object to the project but rather to the cost. Councilmember Hartmann stated that Wagon Wheel was recently resurfaced as the result of the turnback from the County and it appears that Council is proposing to overlay a street that is in good condition. The other side of the picture is that it is an MSA street and has safety problems. He also stated that the street will need Ayes: 5 Nays: 0 RECESS Page No. 26e2562 , 1989 upgrading in the future and certainly costs will rise. Councilmember Cummins stated that he is very sympathetic with the concerns of the residents, but that it would be his inclination to say that the time has come to do the project. He stated that it would most certainly be cheaper for the City and the property owners to have the project done now. He felt that two questions must be resolved - Attorney Hart must address the question of whether partial deferments can be made, and staff must determine how many properties might be affected because they have inadequate setbacks. He pointed out that if the project would involve condemning houses and properties, it would have a significant impact on the decision. Councilmember Anderson suggested that the action to close the hearing be rescinded. Councilmember Cummins withdrew his motion to close the hearing. Councilmember Hartmann withdrew his second to the motion. Councilmember Cummins moved to continue to the public hearing to February 6th at 8:00 p.m. and to direct legal counsel to prepare a memorandum on the legality of deferring assessments for portions of property and to direct staff to determine the number of properties which might be adversely affected by the project. Councilmember Anderson seconded the motion. Staff was directed to mail notice to the property owners of the continued hearing. Mayor Mertensotto called a recess at 9:30 p.m. The meeting was reconvened at 9:40 p.m. HEARING - CASE NO. Mayor Mertensotto opened the meeting for 89-43, SCHOOL DISTRICT the purpose of a public hearing on an 197 application from Independent School District 197 for a conditional use permit for baseball field improvements. Mrs. Lois Rockney, representing the School District, explained the proposal, stating Page No.2-67, December 6Y1989 that the District would like to add two dugouts and a batting cage to the baseball field at the corner of Warrior Drive and T.H. 110. Mayor Mertensotto noted the Planning Commission's concern about graffiti and the suggestion that the materials used for the dugouts should be graffiti-proof. Mrs. Rockney responded that the District proposes to use burnished block, which cleans off more easily than other materials. Councilmember Anderson pointed out that the Commission had also recommended that landscaping efforts be undertaken, and asked whether the District has discussed any landscaping specifics. Mrs. Rockney responded that she has been informed of the City's tree planting program and that the Commission discussed placement of trees around the dugouts for shielding, but that she must discuss the matter with the District Board. Councilmember Blesener stated that she is not sure what the value of planting of trees would be with lots of children running around in the area of the improvements. She felt that dressing up the area with landscaping does not make a great deal of sense. There was brief discussion over fencing . Mayor Mertensotto asked for questions or comments from the audience. There being no questions or comments from the audience, Councilmember Blesener moved that the hearing be closed. Councilmember Anderson seconded the motion. Councilmember Blesener moved adoption of Resolution No. 89-134, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BASEBALL FIELD IMPROVEMENTS," on the sole condition that the dugout material be burnished block in a color to match the school building. Page No. 2674 December 6';:1.989 Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 HEARING - CASE NO. 89- Mayor Mertensotto opened the meeting for 42, MENDAKOTA the purpose of a public hearing on an application from Mendakota Country Club for a conditional use permit and wetlands permit to allow construction of two pumphouses. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mr. Glen Lentner, representing Mendakota, stated that the proposal is to build one new pumphouse and to replace another. The pumphouse materials will match the clubhouse and the existing well will be used. Mr. Lentner then responded to Council questions. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann seconded the motion. Councilmember Cummins seconded the motion. Councilmember Anderson moved adoption of Resolution No. 89 -135, "RESOLUTION AMENDING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT," along with approval of a wetlands permit to allow construction of a new pumphouse fifteen feet from Roger's Lake as proposed by the applicant. Councilmember Hartmann seconded the motion. CASE NO. 89 -36, EAGAN Mayor Mertensotto opened the meeting for POOL AND SPA the purpose of a public hearing on an application from Eagan Pool and Spa for a Critical Area variance. Mr. Ross Erickson, of Eagan Pool and Spa, was present to request approval of a critical area setback variance to allow installation of a spa twenty feet from the bluffline at 1755 Lexington Avenue. Mayor Mertensotto pointed out that the original application included a swimming pool and that the application has been amended to delete the pool. Page No. 26-.77 December 61989 Mr. Erickson stated that there will be no enclosure around the spa, but there will be a wood deck. There is no current plan to enclose the spa - the owners plan to do some work on their home, including a raised deck, and to drop the spa into the deck. Councilmember Anderson asked if the applicant proposes to link the drainage of the jacuzzi and spa into the sanitary sewer line. Mr. Erickson stated that it is not proposed to directly link into the sanitary line but rather to install a spigot valve to the laundry room. He stated that to directly attach it to the sanitary line would be very costly. He pointed out that he is talking about 350 gallons of water in the spa and that it is proposed to bring the hose into the laundry room and drain into the laundry tubs. Councilmember Anderson stated that the proposed plan is much better than the original and he feels Council wants to work with the applicants, but that if drainage isn't directly hooked into the sanitary sewer line, the residents below the property will have no assurance that the water will go into the laundry tubs. He pointed out that Council is concerned over the integrity of the bluffline and stated that he is very much in favor of the proviso of the Planning Commission that the spa be linked into the sanitary system. Mr. Erickson asked whether he could instead dig a five square foot pit for drainage and fill it with rock. He estimated that it would cost about $3,500 to tie the system into the sanitary line. Councilmember Blesener stated that she has a concern about requiring the expense to hook into the sanitary system when anyone could be given the right to build a deck and at any later date they could put a spa on it. She felt that 350 gallons of water three times a year is insignificant. Councilmember Anderson felt that Mr. Erickson's estimate is very high. He stated that if the residence were not Page No. 2676 Decembet 6,701989 already sitting on the bluff there would be sufficient room for the spa. He felt that requiring the condition is appropriate. He also felt that Mr. Erickson's proposal for drainage is exactly what the neighbors downhill are concerned about. He expressed concern about the bluff, erosion and heavy rains, and also whether the proposed drainage would be consistently used. Mr. Erickson responded that he would install a permanent pipe from the rock pit to the facility. Responding to a question from Councilmember Anderson, he stated that the proposed spa would be about 20 feet from the bluff. Councilmember Anderson pointed out that the applicants are asking for a 20 foot variance, and that Council's concern is that the integrity of the bluffline is adequately protected. He did not feel that Mr. Erickson's proposal would provide adequate protection. He stated that while cost of connecting to the sanitary system is a factor and he is sympathetic, he felt that if Council makes the requirement as a condition of approval, Mr. Erickson could try to get a better bid for the work. Mr. Erickson responded that he feels a backwash would accomplish what is necessary and that connection to the sewer is not necessary. He further stated that if Council made the requirement he would do it. Mayor Mertensotto asked for questions and comments from the audience. Mr. Henry Christian, president of the Lexington Court Townhouse Association, 1775 South Lexington, stated that he has not seen the plans, but he is concerned over disposal of water. Mr. Bob Dahm, Southview Design, stated that he has been involved in the project since its start and that he believes the discussion is overkill for the scale and scope of the project. He stated that the property owners could have gone to a store and bought a portable spa and installed it. He informed Council that the spa is a 7 by Ayes: 5 Nays: 0 Ayes: 3 Nays: 2 Blesener Cummins HAZARDOUS MATERIALS - Page No. 2677:: December 6,1989 7 foot octagon, and asked if the City has controls over portable spas and where they must drain. Councilmember Anderson stated that with the privilege of living on the bluff come some responsibilities, including a 40 foot setback. The applicant is asking to cut the setback in half to allow a permanent implant and is not willing to agree to the only control recommended by the Planning Commission. There being no further questions or comments from the audience, Councilmember Anderson moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Anderson moved to approve a 20 foot critical area setback variance for the deck and 22.5 foot variance for the spa conditioned upon the applicant directly linking the drainage permanently to the sanitary sewer system already in place on the property. Councilmember Hartmann seconded the motion. Fire Chief Maczko was present to discuss a proposed joint powers agreement for hazardous materials response. Mayor Mertensotto stated that his only concern over the proposed agreement is that the City would be locked in for five years, and further, that he would prefer a three year commitment. Chief Maczko responded that the whole purpose of the agreement is to involve the Councils of the communities. He stated that he needs Council comments for the County Attorney by December 8th and that the committee which worked on the agreement proposed five years because of start up costs. He stated that he would like to establish that Council agrees in concept with the proposal. Mayor Mertensotto stated that there should be a cap on costs that a City could be SQUAD CARS Ayes: 5 Nays: 0 Page No. 2670 December 6, 1989 assessed under the agreement - a "not to exceed" figure for each year. Councilmember Anderson noted that the costs are so well defined it should be fairly easy to put a cap on the commitment. City Attorney Hart suggested that the termination provision could be broadened a little, and that there should be a clearer definition of the mission, or what the response team does. Councilmember Anderson asked whether it is clear that this type of response team meets legislative dictates. Chief Maczko responded that the way the agreement was written, if state funding becomes available the team that is formed under the agreement may become the regional response team. It was the consensus of Council to support the concept. On the recommendation of Police Chief Delmont, Councilmember Cummins moved to authorize the Police Department to retain a used squad car for use as an unmarked car and to spend up to $1,000 to paint and equip the vehicle. Councilmember Blesener seconded the motion. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to a closed session on labor negotiations. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:41 o'clock P.M. thleen M. Slanson City Clerk ATTEST: Charles E. Mertensotto Mayor