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2002-11-19 City Council minutesPage No. 1 November 19, 2002 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF NffNNESOTA Minutes of the Regular Meeting Held Tuesday, November 19, 2002 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Schneeman and Vitelli. Councilmember Krebsbach had notified Council that she would be absent. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on October 15, 2002. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 Councilmember Schneeman moved approval of the amended minutes of the regular meeting held on November 5, 2002. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for the meeting, revised to move items 5, and 5, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Approval of the minutes of the November 6, 2002 Election Canvassing Board meeting. b. Acknowledgment of the Treasurer's monthly report for October. c. Acknowledgment of LMCIT insurance renewal and waiver of additional liability coverage. Page No. 2 November 19, 2002 d. Approval of the issuance of a sign permit to Spectrum Sign Systems to fabricate and install a sign for Tempco Manufacturing C Corporation for its space at 2444 Enterprise Drive. e. Approval to proceed with the refunding of the G.O. Park Bonds. f. Adoption of Resolution No. 02 -66, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL g. Approval of the list of contractor licenses dated November 19, 2002. h. Approval of the List of Claims dated November 19, 2002 and totaling $427,393.18. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 ACKNOWLEDGMENT OF Council acknowledged a memo from the City Clerk recognizing ELECTION PERSONNEL and expressing appreciation to the election judges and city staff members who participated in the November 5 election process. Councilmember Vitelli stated that the election day processing was extraordinarily long because of the need to hand count the senate ballots and remake absentee ballots, and many of the judges worked from 6:00 a.m. to between 12:45 a.m. and 3:30 a.m. the following day. He recognized the five precinct chair people, Sally Countryman, Bill Burke, Jean Franson, Laurita Weinzettel, and Rita Maczko, and city staff members Janet Bolger, Emmy Foster, Guy Kullander, Tom Olund, Cathy Ransom, Kristen Schabacker, Linda Shipton and Judy Wonick, for their time and efforts and gave special acknowledgment to Nancy Bauer. Mayor Mertensotto noted that over forty residents served as election judges, and the election process was a collaborative effort of all of the judges. Councilmember Vitelli moved to recognize and express appreciation to all of the precinct judges and city staff members who participated in the November 5 election process. Page No. 3 November 19, 2002 Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 DEER HUNT Council acknowledged a memo and proposed resolution from Administrator Lindberg regarding extension of the limited deer control bow hunt. Councilmember Schneeman asked if the city has received a report on the success of the hunt to date. Administrator Lindberg responded that the hunters have taken seven of the fifteen deer they were authorized to take. The Metro Bowhunter's Association has requested an extension through the end of the hunting season. Councilmember Schneeman moved adoption of Resolution No. 02- 67, "RESOLTUION AUTHORIZING AN EXTENSION TO THE LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 2002 STATE DEER HUNTING SEASON." Councilmember Dwyer seconded the motion. Ayes: 4 Nays:0 GEESE HUNTING Mr. Clifford Timm was present to request Council consideration of an ordinance amendment that would allow limited hunting of Canadian Geese in the city limits. Council acknowledged an associated memo from the City Administrator and a memo and proposed ordinance are being considered by the City of Inver Grove Heights. Mr. Timm stated that he has contributed money to making Rogers Lake a clean lake and spent lots of time to get phosphorous out of the fertilizer and the geese are ruining the small bodies of water in the city. Also, athletes are playing under barnyard conditions. He feels that the DNR will be sued because residents are losing the ability to enjoy their parks. The DNR now allows discharge of guns and people can take as many gees as they like. He contacted the owner of a packing plant in South St. Paul and he will process the geese and give them to the poor. Since he believes that goose down is worth more than the meat, he called the Fish and Wildlife Service at Fort Snelling about allowing the packing plant to sell the goose down. The person he spoke to is going to send him some literature, and the Service is cooperating. Whether the City Council turns down his Page No. 4 November 19, 2002 request to allow shooting or not, he is in contact with Senator Metzen and Congresswoman McCollum to try to get something done. He asked that Council give the police department the right to shoot the geese. Mayor Mertensotto responded that Mr. Timm's efforts are to be lauded and that he appreciates that Mr. Timm went to the processing plant and that the plant will process and distribute geese to needy people at no cost. The state did a survey and 86% of the people who received geese through a similar program would use the goose product again if it was offered. A second survey found that 100% of the recipients would again use the product. The problem is that Mendota Heights is not the only place were geese propagate. Last Saturday there were perhaps thousands of geese on Rogers Lake and even more on the cemetery property. There is no way they all propagate in Mendota Heights. He felt the restriction against discharging firearms in the city has worked well for many years. Geese can be captured during the malting season, and while he realizes that may have to be held up until the geese are big enough to process, it is an option. He pointed out that this is a bigger problem than Mendota Heights can handle. Mr. Timm stated that the West St. Paul police chief said he had a good idea but other cities must participate. South St. Paul does not have a problem. He spoke to someone in St. Paul who told him to go ahead and take care of it in the suburbs. If Council turns him down, he will take it back to the legislators and the DNR. If police hunted the geese all over the Twin Cities it would really help. Councilmember Dwyer stated that he was at the home of people who live on Rogers Lake last Thanksgiving and the children and some of the adults were playing tag football in the yard and when they came into the house, their clothes were covered in goose droppings. He agreed that this is a major problem. If this were something less bucolic than Canadian Geese everyone would be excited about it and would be taking it much more seriously. The E -Coli problem is serious and something needs to be done on a metro wide basis. There is an agency that controls mosquitoes, and perhaps there needs to be a goose eradication agency. He did not think Mendota Heights will start allowing the discharge of firearms because the community is too populated, and the police have better things to do than killing geese. Mr. Timm suggested hiring professional hunters. Page No. 5 November 19, 2002 Councilmember Dwyer responded that the matter requires study and j if Mr. Timm is asking tonight that Council amend the ordinance and allow the discharge of guns, Council is not going to do that tonight. He felt the problem is a metro wide problem. Ayes: 4 Nays: 0 Mr. Timm stated that if Council denies his request, he would like something in writing so that he can take it to the legislators. Mayor Mertensotto stated that Mr. Timm would like some support from a municipal body. The DNR says that open space is too limited for discharge of firearms. The issue is elimination, not hunting, but people walk around the lakes and in the open spaces, and discharging firearms would be unsafe. Councilmember Dwyer recommended that the city write a letter that Mr. Timm can take to the legislators, saying that Mr. Timm has requested the Council to amend the ordinance and Council is not inclined to do so, but considers the goose problem a health problem and feels it is a metro wide problem and that the city would cooperate on a metro -wide basis. Councilmember Schneeman stated that she would be glad to go to the legislators with Mr. Timm, but that there must be a metro wide solution. Councilmember Dwyer moved to direct Administrator Lindberg to prepare a letter to Senator Metzen, Congresswoman McCollum, State. Representative Pugh and the DNR, stating that Council is not amenable to amending the firearms discharge ordinance and recognizes that the goose problem is extremely large and is creating a pollution hazard for natural water bodies and is a health hazard. Councilmember Schneeman seconded the motion. Mr. Gary Loufek, Environmental Studies teacher and cross country ski coach for St. Thomas Academy, stated that he has been before Council many times in the past because of the water studies his students have done on Rogers Lake. He introduced three of his students, Mr. Lenz, Mr. Bader and Mr. Costello, who are concerned about the goose problem: Mr. Lenz stated that he understands the concern about discharging firearms but asked about a controlled bow hunt on private property. The situation is horrible at Mendakota Country Club in the fall and Page No. 6 November 19, 2002 spring because of fecal matter on the grounds. It is so bad on Rogers Lake that if he fell into the water, he would burn his clothes. Councihnember Dwyer stated that Council's information is that the controlled goose hunt would be a band -aid approach. It really needs to be addressed metro wide. Mr. Bader stated that he is a member of Mendakota and they have hired people to chase the geese away and it worked for a while. What he learned is that geese are territorial. If something was done in this area, it might affect the problem. It is a major problem and something must be done. Mr. Pat Costello stated that he lives in Como Park and the Como Golf Course still has a problem. He was originally from Eagan and the problem is significant there also. He stated that shooting is not allowed in either city and something needs to be done as an alternative to shooting. Mayor Mertensotto stated that Council cannot just let hunters shoot the geese because someone would have to manage them and someone needs to do the reporting and record keeping for the DNR. There is a bow hunting organization for deer and they have special certifications to do that. He did not know if such an organization exists for geese. He expressed Council's appreciation for everyone coming and making comments. Mr. Jerry Nelson stated that he supports Mr. Timm's efforts. He stated that when he goes goose hunting in the west, farmers shoot very loud guns that sound like cannons and thousands of geese take off. TOWN CENTER BID AWARD Council acknowledged a memo from Engineer Mogan regarding bids received for the Town Center, Freeway Road and Augusta Shores areas public improvements. Engineer Mogan informed Council that bids were opened on November 15. The low bidder, Richard Knutson, Inc., contacted him on Monday morning advising that he had reviewed the bid abstract and discovered an error in the price he quoted for 60" pipe and requested that an adjustment be made. The unit price quoted was $31.50 and should have been $60. Ayes: 4 Nays: 0 Page No. 7 November 19, 2002 Mayor Mertensotto stated that as long as the bidder advised the city of the error before any action was taken, they have the right to the correction. Engineer Mogan stated that the correction is about $35,000. Knutson is a very reputable company and has done work for the city in the past. Councilmember Dwyer stated that if the $35,000 is added to their bid, Knutson's bid will still be $200,000 less than the next lowest bid. Mayor Mertensotto stated that if Knutson notified the city before Council action, Council must adjust the bid accordingly. Everything is still the same in the bid except the one item. Council must make the award in the correct amount. Council must accept the bids and award the contract to the lowest responsible bidder, and if in fact the low bidder desires to contract with the city, the other bid bonds can be returned. Councilmember Dwyer moved adoption of Resolution No. 01 -68, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR BIDS FOR TOWN CENTER REDEVELOPMENT/FREEWAY ROAD NEIGHBORHOOD, AUGUSTA SHORES AND SURROUNDING AREAS, IMPROVEMENT NOS. 9906,200202 &9904 STATE AID PROTECT NO. 140 -010- 005," as amended to acknowledge that Richard Knutson, Inc. had notified the city that they made a line item mistake in the unit price for 60 inch pipe and upon correction, that adds approximately $34,740, bringing the low bid to $1,714,576.81, still being less than the other bids. Councilmember Schneeman seconded the motion. Mayor Mertensotto stated that once the contract is executed, the bonds submitted by the other bidders will be returned. CASE NO. 02 -40, Council acknowledged an application from Mr. Ronald Kammueller KAMMUELLER for a three foot sideyard setback variance to allow construction of a garage addition at 1250 Dodd Road. Council also acknowledged associated staff reports. Mr. Kammueller stated that the house was built in 1946 with a single car garage and an additional stall was added to the back of the garage in 1965. The garage is twelve feet wide. He is in the process of Page No. 8 November 19, 2002 replacing the garage roof and would like to widen the garage so that he has room to get in and out of the garage. He is only proposing to increase the width on one side of the garage and would like to extend the south side of the garage three feet into the setback. He has reviewed his proposal with his neighbors and they are in agreement. Councilmember Schneeman noted that the Planning Commission voted 510 in favor of approving the variance. Mr. Kammueller stated that he is trying to fix his place up. He could not come to the November 5 Council meeting because his mother was ill. He stated that the Planning Commission had a concern about the house becoming a duplex, but there is no chance of that, and that is not the intent. All he is trying to do is make the garage big enough to get out of his car. Councilmember Schneeman moved adoption of Resolution No. 02- 69, "A RESOLUTION APPROVING A THREE -FOOT SIDE YARD SETBACK VARIANCE FOR A GARAGE ADDITION AT 1250 DODD ROAD." Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 PACE ASSESSMENT Council acknowledged a letter from Mr. & Mrs. Robert Pace requesting Council to waive the interest on a deferred watermain assessment for 991 Wagon Wheel Trail. Council also acknowledged associated staff reports. Mayor Mertensotto stated that he is concerned that the survey for the subdivision of the parcel shows a single driveway serving two structures, which is contrary to city ordinances. A lot must abut a public roadway, and there are no shared driveways in the city except one on Wentworth which was allowed because of wetlands problems. Mr. Pace responded that he has sold the lot and the people who bought it will be coming in for a driveway. Mayor Mertensotto stated that the shared drive would be inconsistent with the ordinance. In order to have a shared driveway, a variance would be required and the new owners will need to apply for a variance. Mr. Pace responded that there will not be a shared driveway. Page No. 9 November 19, 2002 Public Works Director Danielson stated that at the time Mr. Pace submitted his lot division application, he needed a wetlands permit and designed his house to be 100 feet away from the wetlands. There was not discussion about a shared driveway at that time. If he applies for a permit with a shared driveway, the Code Enforcement Officer will reject it. Mayor Mertensotto stated that Mr. Pace needs to acknowledge that the sketch he submitted is inaccurate and it is not intended that the subdivision include a single access to both structures. Mr. Pace stated that his letter regarding the assessment speaks for itself. From his way of thinking, when his grandmother died and the estate went through probate and his father inherited the property, the county was contacted. When he bought the land from his father, they never found any liens. After he submitted his subdivision application, the city found the deferment. His feeling is that it should have been caught before. The county could not find anything and his feeling is that it was never filed by the city. If it had been found, he would not have to pay it. Mayor Mertensotto responded that the city never defers assessments unless a land owner requests it. The assessment roll is adopted based on a cost figure of front foot, so the land owner had to ask for a deferment. The city is not trying to tax people out of their homes because a property needs sewer an water. Councilmember Dwyer asked whether what the city is saying is that in 1983 there was a discussion between the land owner and the city over the $2,192 assessment and there was an agreement that the owner would not have to pay it then and it would be deferred. He asked when it would be paid. Mayor Mertensotto responded that it would be paid when the land gets subdivided. Mr. Pace asked whether the assessment should not be registered with the county so that people know it has to be paid. Mayor Mertensotto responded that if a property is sold for development and the land is subdivided, the applicant has to check with the local government. City Attorney Schleck stated that the law did not require that the assessments be recorded with the county prior to 1983. The Paces Page No. 10 November 19, 2002 said in their letter that on the advice of their banker they did not buy title insurance. He asked whether a title search was done. Mr. Pace responded that the bank possibly did, but he did not purchase title insurance. Attorney Schleck stated that if Mr. Pace had purchased the insurance, the title insurance would be paying the full amount, including interest. That is what title insurance is for. Mrs. Pace stated that she looked up on the Internet and it said that the assessment should have been paid when the lot was sold. Mayor Mertensotto stated that what triggers the assessment is the subdivision of the lot. The unused portion of the lot is now being used. The lot could have been sold several times before without triggering the assessment. The lot was split and there is a buyer — that triggered the assessment. Councilmember Schneeman stated that the same thing occurred when the Dalglishs' split their lot. Councilmember Dwyer stated that the Pace offer to the city is to pay the principle but not the interest. The property has benefited from this improvement since 1983, and 10% was the interest rate at that time. Mr. Pace stated that if this had happened five years ago it would have been recorded with the county. It wasn't, and he has to pay the assessment. He is coming to Council to see if it can be reduced. Mayor Mertensotto responded that the problem is the 10% interest. He pointed out that the land price is different than it was in 1983. He asked what the average interest rate has been over the last 18 years. Public Works Director Danielson stated that the rate was high when the roll was adopted, but has typically been 7 to 8% since that time. Councilmember Dwyer asked if Council can say it will charge Mr. Pace the principle plus 7 to 8% interest. Mayor Mertensotto stated that Council can agree to a lower rate if Mr. Pace agrees to pay it at one time so that the assessment does not need to be certified. Based on the Paces' plea for consideration, Page No. 11 November 19, 2002 Council can adjust the interest rate from 10% to 7% and let the city staff recalculate the interest amount on the basis that Mr. Pace agrees to pay it and not request certification. Mr. Pace agreed. Councilmember Dwyer moved to modify the interest rate on the condition that the Paces submit a check to the city for the principle amount plus the recalculated amount of interest. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 JOINT AIRPORT ZONING Council acknowledged a memo from Administrator Lindberg BOARD regarding discussion of the Joint Airport Zoning Board Indemnification Agreement. Mayor Mertensotto stated that he is concerned because he feels that the document is a joint powers agreement rather than an indemnification agreement. He feels Council should defer the matter for at least several months. He stated that he does not know what the other communities are going to do. Councilmember Dwyer stated that he has remaining concerns about the items Attorney Schleck has identified, and he is one of the people on the board, along with Councilmember Krebsbach. He agreed that the matter should be deferred. Administrator Lindberg informed Council that she spoke to Councilmember Krebsbach and she was of the same mind about deferring the item. She further stated that she has also spoken to representatives of a number of the communities and several have not yet signed the agreement. Councilmember Dwyer moved to defer further action on the Joint Airport Zoning Board indemnification agreement. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 AIRPORT NOISE Mr. Guy Heide was present regarding a draft letter from the city to the MAC Chair. Mr. Heide stated that his committee will defer to Council on the matter. Page No. 12 November 19, 2002 Mayor Mertensotto stated that the letter urges MAC to work with the city. Mr. Heide stated that the letter has become just a nice letter. In his mind, the additional sentence recommended by the city attorney weakened the letter. It was the consensus that the letter be signed and submitted to MAC Chair Nichols. TRUTH IN TAXATION Administrator Lindberg reminded Council that the truth in HEARING taxation hearing is scheduled for 7:30 p.m. on December 2 for anyone who would like to come in and discuss their tax statement. Since it is not a Council meeting, a quorum of Council is not required. ADJOURN There being no further business to come before Council, Councilmember moved that the meeting be adjourned. Councilmember seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:55 p.m. /sl Ka rIefen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor