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1989-02-21 Council minutesPage No. 2475 February 21, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 21, 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 Blesener, Cummins, Hartmann and Witt. 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 Witt seconded the motion. Councilmember Cummins moved approval of the minutes of the February 7th meeting with correction. Councilmember Blesener 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. Acknowledgment of the Fire Department monthly report for January. b. Adoption of Resolution No. 89 -13, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE LOST 3, 4, 5, 6 AND 7, BLOCK 4, AND LOTS 1 AND 2, BLOCK 5, MENDOTA HEIGHTS INDUSTRIAL PARK (EXECUTIVE DRIVE) (IMPROVEMENT NO. 89, PROJECT NO. 2). c. Designation of Diane Ward as Deputy Clerk effective February 22, 1989. d. Acknowledgment of a memo from Treasurer Shaughnessy regarding 1989 improvement financing. Page No. 2476 February 21, 1989 e. Acknowledgment of an update memo regarding upgrading of the City Hall ballfield. f. Acknowledgment of a memo on 1989 summer recreation, along with authorization of payment to Mend-Eagan Athletic Association of $15.00 per registrant for T-ball; authorization for continuation of the contract with School District 197 to provide the art- in-the park program for 1989, and approval of the men's softball program without a coordinator but with minimal coordination services provided by the Engineering Secretary. g. Acknowledgment of a memo informing Council of certification of the City's Affirmative Action Plan and authorization for staff to implement the Plan. h. Acknowledgment of an update on recruitment of a new police officer. i. Approval of the list of Contractor Licenses dated February 21, 1989 and attached hereto. • Approval of the issuance of a rubbish hauler license to BFI/Woodlake Sanitary Service, Inc. through March 31, 1989. k. Approval of the List of Claims dated February 21, 1989 and totalling $98,956.26. Ayes: 5 Nays: 0 INTRODUCTION PUBLIC COMMENTS Councilmember Cummins seconded the motion. Mayor Mertensotto introduced Metropolitan Council District 15 representative Margaret Schreiner to the audience. Mr. Floyd Laska, 2061 Patricia, read a written statement regarding airport noise to the Council and audience. Dr. James Olin, 1140 Orchard Place, was also present to complain about airport noise, stating that on one particular Page No. 2477 February 21, 1989 evening last summer 14 planes flew over his home within 26 minutes and the noise was deafening. He stated that the air traffic has all come in the last five or six years, and suggested that pilots and airlines should be fined for each left turn made off the runway. Councilmember Cummins responded that Council does not have the power to change flight patterns but is trying to deflect some of the flights over Eagan. He further stated that the Council is working with Walter Rockenstein to try to negotiate with the City of Eagan to get more flights to turn south and fewer north. He informed the audience that the Council has directed the City Attorney to pursue whatever measures possible to get FAA cooperation, recognizing that the biggest problem is with the FAA and its operational practices. IVY FALLS CREEK Council acknowledged the plans and ADDITION IMPROVEMENTS specifications for proposed improvements to serve the Ivy Falls Creek Addition located north of First Avenue. Public Works Director Danielson stated that proposed project includes an extension of Brookside Lane to the east, which could affect 8 homes outside of the plat area, and a bridge over the creek to the Somerset School property as deduct alternates. After discussion, Councilmember Cummins moved adoption of Resolution No. 89 -15, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE IVY FALLS CREEK ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 87, PROJECT NO. 2). Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 HEARING - VAL'S Mayor Mertensotto opened the meeting for ADDITION IMPROVEMENTS the purpose of a public hearing on proposed improvements to serve the Val's Addition. Public Works Director Danielson informed Council that a petition and waiver of hearing has been executed by all of the property owners proposed to be affected by the project. He briefly reviewed the project, and stated that the estimated cost Ayes: 5 Nays: 0 CENTRE POINTE SOUTH SIGNAGE Page No. 2478 February 21, 1989 for the improvements will result in an assessment of approximately $20,220 per lot. Responding to Council questions, he stated that access to the Paster property will be by outlot, and that the property owners have been notified of the estimated cost. Mayor Mertensotto asked for questions and comments from the audience. Mr. Valdis Mikkelsons, one of the property owners, felt that the notice of hearing should have specifically named those lots which will be assessed. Public Works Director Danielson responded that the notice language is statutory and that only the ten newly created lots will be assessed. There being no further questions, Councilmember Cummins moved that the hearing be closed at 8:05 P.M. Councilmember Witt seconded the motion. Council acknowledged receipt of a memo from the Public Works Director and proposed signage policy for the Yorkton Office Park submitted by Yorkton ltd, along with a request for approval of a sign for the Centre Pointe Medical Clinic. Mayor Mertensotto informed the audience that Council had asked Yorkton to develop a uniform sign policy as the result of the request for sign permit from the medical clinic. Councilmember Blesener noted that the information submitted to Council did not include anything on the design of the sign for the medical clinic. She felt that the 25 foot height maximum proposed in the Yorkton policy is a problem and that if the policy is approved there could end up to be 15 signs of that height in the office park. She stated that she could approve the proposed policy if the first option, 4 foot minimum width by 12 foot maximum height sign area and 25 foot tall columns, were deleted. Page No. 2479 February 21, 1989 Public Works Director Danielson stated that the zoning code allows a maximum sign area of 50 square feet and a maximum height of 25 feet. Mayor Mertensotto stated that he could agree with the first option for multiple signage, as a common sign for offices in the park, but not for each building in the park. A representative of Yorkton, present for the discussion, stated that the medical clinic had presented a request for a 15 foot high sign, 7 feet wide, with a 50 square foot sign area, and that Yorkton has been trying to get the clinic to reduce the sign size. Responding to a question from Councilmember Blesener regarding the United Properties sign policy, Mr. Dale Glowa, who was present in the audience, stated that the United Properties monument signs have 14 foot tall cornerstones on top of a two and one-half foot base, and are 5 to 7 feet wide. Councilmember Blesener felt that a 7 by 7 foot sign, 15 feet high, is an awfully large sign for the medical center. She suggested that the Yorkton representative should take another look at the ranges of signs it proposes in its policy and come back with designs more in scale with the sizes of the buildings. Mayor Mertensotto noted that Centre Pointe South is not a very large development and Council is concerned that, according to the proposed sign policy, there could be a 25 foot high sign in front of each building. He pointed out that what Council is saying is that one monument-type sign for the total development would be appropriate. He felt that the total development could have a sign policy that would be more compact, and suggested that the Yorkton representative come back with a sign policy which scales the sign size down, both in height and width. Ayes: 5 Nays:0 HEARING - NORTH IVY HILLS 2ND ADDITION IMPROVEMENTS Page No. 2480 February 21, 1989 Councilmember Cummins felt that Council does not need to approve a sign policy since it must approve each individual sign. Councilmember Blesener stated that 50 square feet of sign surface is too big to be put in front of each building and that she would rather see a six foot maximum height and 8 foot maximum width as a standard sign for the individual buildings in the development. Councilmember Witt agreed, and felt that the second option in the policy, 4 by 7 foot sign area maximum would be more acceptable. Mayor Mertensotto suggested that Yorkton revise the proposed policy to scale down the sign sizes as well as proposing a smaller sign for the medical center. Councilmember Cummins moved that the medical center sign permit request be tabled to such time as a new permit application is submitted. Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on proposed sanitary sewer, watermain, street and storm sewer improvements to serve the North Ivy Hills 2nd Addition and adjacent areas. Public Works Director Danielson informed Council and the audience that it is proposed to install public improvements to serve the 10 lot subdivision located between T.H. 13 and Miriam. He stated that it is proposed to assess all of the sanitary sewer and watermain costs to the subdivision. It is also proposed that Miriam and Hiawatha be connected, and that the cost of connecting the two dead-end streets be paid by the City's general fund. With regard to storm sewer, he stated that the system is proposed to be extended from the subdivision to pick up water that drains easterly from Miriam, and that it has been proposed that the property outside Page No. 2481 February 21, 1989 of the plat which drains to the system should be assessed. Mr. Danielson stated that the developer of North Ivy Hills 2nd Addition, Vern Colon, indicated that he would not be able to attend the hearing, and had asked that the storm sewer costs be divided so that his plat only pays for its costs and the properties outside the plat be assessed for their costs. He stated that staff is recommending that the storm sewer costs be spread on an equal basis at an estimated $0.15 per square foot of area contributing to the system. Mayor Mertensotto asked for questions and comments from the audience. Mr. Lyal Hefflefinger, 569 Miriam, asked how many lots are going to be involved in the street connection. He stated that he feels that the properties outside of the plat have enough storm sewer to take care of their drainage and that his property is getting assessed for improvements to the new plat. Councilmember Blesener responded that only the portion of Mr. Hefflefinger's property that drains into the new storm sewer would be assessed. Mr. Jim Cascalenda, 568 Miriam, stated that it appears that his entire yard would be assessed, and he asked what the approximate cost would be. He also asked whether the Miriam /Hiawatha connection would be made regardless of the new plat. Public Works Director Danielson stated that the Cascalenda property will not be assessed for street, and that until the Colon property developed and improvements were needed, storm sewer would not be installed to serve the adjoining area. With respect to the street connection, Councilmember Blesener stated that the connection of the two dead -end streets was intended and that Council waited for such action until development of the Colon property was proposed. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 BIG WHEEL PERMIT Page No. 2482 February 21, 1989 Responding to a Council question with regard to the potential inclusion of upgrading of Miriam and Simard streets in the project, Public Works Director Danielson stated letters had been sent to the affected property owners and 50% of them have responded that they oppose curb and gutter installation. There being no further questions or comments from the audience, Councilmember Cummins moved that the hearing be closed at 8:35 P.M. Councilmember Hartmann seconded the motion. Councilmember Blesener moved adoption of Resolution No. 89 -14, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE NORTH IVY HILLS 2ND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 6)." Councilmember Cummins seconded the motion. Responding to a request from Mayor Mertensotto, Public Works Director Danielson stated that if the bids for the project result in any deviation in projected costs staff will notify those individuals whose property is proposed to be assessed. Mr. Dale Glowa, from United Properties, was present to request approval of a building permit for the Big Wheel Auto corporate headquarters and warehouse proposed to be constructed on Pilot Knob Road. Administrator Frazell informed Council that Dakota County has approved the United Properties request for variances for entrances on Pilot Knob subject to the City's adoption of a resolution agreeing to accept the turn -back of Pilot Knob Road. He stated that the turn -back will not occur until after °T.H. 13 is improved, but that the County wants an expression of the City's intent to request the turn -back. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2483 February 21, 1989 There was discussion over potential improvements to Pilot Knob and projected methods of paying for those improvements. After discussion, Councilmember Witt moved adoption of Resolution No. 89 -16, "RESOLUTION AGREEING TO ACCEPT CSAH 31 (PILOT KNOB ROAD) FROM DAKOTA COUNTY AFTER CONSTRUCTION OF TRUNK HIGHWAY 13." Councilmember Hartmann seconded the motion. Councilmember Witt moved adoption of Resolution No. 89 -17, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY STUDY FOR MENDOTA HEIGHTS BUSINESS PARK ADDITION." Councilmember Hartmann seconded the motion. Councilmember Hartmann moved authorization for execution of the developers agreement for the Mendota Heights Business Park Addition, approval of the issuance of a building permit for the Big Wheel Headquarters subject to review and approval of the plans and specifications by staff, and approval of a 20 foot variance from the sign setback requirement for installation of a sign for Big Wheel, along with waiver of Planning Commission review of the variance application. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 RECYCLING Administrative Assistant Kevin Batchelder reviewed his report on the City recycling program and a proposed ordinance regulating the disposal of garbage and rubbish and the licensing of garbage and rubbish and recycling collection. He informed Council and the audience that this is the formal introduction to curbside recycling and that a message from the Mayor, a brochure and a sign -up card will be sent to all residents in the community. He briefly explained the recycling program, which will commence on March 27th, and informed Council that the recycling containers will be distributed to the residents in the two weeks preceding the program commencement. Mr. Batchelder then responded to Council questions Page No. 2484 February 21, 1989 regarding subsidy, program goals and license fees. Mayor Mertensotto noted that representatives of several rubbish hauling firms were present and asked for their comments. Mr. Jim Weinzettel, from Mendota Heights Rubbish, explained how his firm proposes pick-up. He stated that handling recyclables is considerably more labor intensive than handling non-recyclables, and the subsidy does not therefore give the firms with the largest number of customers an edge over other firms. He also felt that yard maintenance firms which remove yard wastes should be licensed so that the City gets full tonnage credit for the wastes that are hauled away. Mayor Mertensotto agreed that the City should consider licensing yard maintenance firms, and he asked whether the City could identify and establish a composting sites for residents to haul their yard wastes to. Administrator Frazell stated that he believes the County would strongly encourage a community composting site. Mayor Mertensotto expressed concern that the proposed $25.00 annual license fee is too low and felt that it should be increased to $75 per year plus the cost the City pays for the license tabs to be more compatible with other communities. The Kruppeny & Sons and Weinzettel representatives indicated that they would have no objection to the fee proposed by Mayor Mertensotto. With respect to Mr. Weinzettel's question over licensing of yard maintenance firms, Administrative Assistant Batchelder stated that the sign-up card which will be sent to residents asks them to provide the City with the name of the hauler who picks up their yard wastes. He felt that the City can work with those companies to get information on where they are taking the wastes and asking for their cooperation in reporting tonnage. Page No. 2485 February 21, 1989 Councilmember Cummins asked whether there has been consideration given to charging more for rubbish collection to residents who do not recycle, to provide an incentive to recycle. Assistant Batchelder responded that this was contemplated but not pursued. Also responding to a question from Councilmember Cummins regarding building a subsidy into the system by penalizing those who do not recycle, Mr. Batchelder stated that volume based fees are not contemplated at this time and that he believes the legislature will enact volume based fees this year. Mr. Weinzettel stated that recycling is not now cost effective and that at present it is cheaper to serve those who do not recycle. Mr. Weinzettel asked that adjustment be made in Section 7.9 of the proposed ordinance so that the haulers need only to provide the city with scale receipts for recyclables and not the weight of each of the individual categories of recyclables. ( ) Council concurred. Mr. Weinzettel stated that his firm provides service to many residents in Mendota Heights who do not place their trash containers curbside. He asked whether His firm can charge more to those customers for recycling service if they do not place their recycling containers curbside, as this extra service will be costly to him. He stated that his firm has always charged more for non-curbside pick- up than for curbside pick-up. Councilmember Cummins pointed out that if Mr. Weinzettel that since he charges more for the extra service whether or not the resident recycles, he is not violating the ordinance. Councilmember Blesener felt that there should be a provision in the ordinance to allow the haulers to charge extra if the recyclables are not curbside. It was consensus that Section 7.1 be amended in part to read "and no additional Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ATTORNEY REPORTS COMPUTER NETWORK Ayes: 5 Nays: 0 Page No. 2486 February 21, 1989 fee or charge may be made for such curbside recycling pickup." There being no further discussion, Councilmember Hartmann moved adoption of Ordinance No. 263, "AN ORDINANCE REPEALING ORDINANCE NO. 1004." Councilmember Witt seconded the motion. Councilmember Hartmann moved adoption of Ordinance No. 264, (Codified as Ordinance No. 1004), "AN ORDINANCE REGULATING THE DISPOSAL OF GARBAGE AND RUBBISH AND PROVIDING FOR THE COLLECTION THEREOF, AND LICENSING THE BUSINESS OF GARBAGE AND RUBBISH AND RECYCLING COLLECTION," as amended to change the license fee in Section 4.2 to $75.00 and the cost of license plates; Section 6.2 changing County designated to County approved; Section 7.1 to curbside recycling pickup; Section 7.9, deleting the last three lines; Section 7.12 b), deleting "in these monthly reports;"and Section 7.12 b3, deleting "by weight and type." Councilmember Witt seconded the motion. Discussion on reports from the City Attorney regarding adult uses and retail hours of operation was tabled. Council acknowledged and discussed a report and recommendation from the City Clerk regarding purchase of a computer and network. After discussion, Councilmember Hartmann moved to accept the proposal from Banyon Data Systems dated January 13, 1989 and authorize the issuance of a purchase order in the amount of $10,400 for the purchase of Novell Software and hardware and a Packard Bell computer as specified in the proposal, the costs to be distributed 45% to Administration, 20% each to Engineering and Utility, 10% to Other Funds and 5% to Consolidated Debt. Councilmember Witt seconded the motion. FIRE DEPARTMENT AIRPORT NOISE COUNCIL COMMENTS Page No. 2487 February 21, 1989 Council acknowledged a memo from Administrator Frazell regarding the Fire Department Policies and Procedures manual. Fire Chief Maczko was present to answer Council questions. Council accepted the document, acknowledging that no Council action is required. Council acknowledged a memo from Treasurer Shaughnessy regarding airport noise monitoring. Councilmember Witt raised a question over potential impact of the loss of homestead credit to owners of residential properties in the Tax Increment District. Administrator Frazell responded that he does not believe Mendota Heights will be affected. Councilmember Witt indicated that she plans to attend the LMC Legislative Conference. PROCLAMATION Councilmember Hartmann moved to proclaim the week of March 5th - 12th as Volunteers of America Week. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Blesener asked about the status of installing gutters on City Hall. She expressed concern over potential long- term roof damage which could be caused by the icicles all the way around the building. Administrator Frazell indicated that he does not believe this is a defect in the building but rather is caused by the recent weather patterns. Public Works Director Danielson was directed to look into the matter. Councilmember Cummins asked whether the dog waste removal signs for the parks have been ordered. Administrator Frazell responded that their purchase and installation is a high-priority item for spring. Administrator Frazell informed Council that he has been notified that the Unisys building will close on June 1st, resulting in a layoff of 170 people at the plant. ADJOURN ATTEST: Page No. 2488 February 21, 1989 Staff was directed to notify Curleys Valley View home owners that the developer of the Lexington/T.H. 110 site is coming back to the Planning Commission on February 28th with a revised proposal. There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 10:18 o'clock P.M. K thleen M. Swanson City Clerk Charles E. Mertensotto Mayor