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1999-11-16 Council minutesPage No. 1 November 16, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 16, 1999 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Huber, Krebsbach and Schneeman. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, revised to move item 5j, WMO Board appointments to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the special Planning Commission meeting held on November 9, 1999. b. Acknowledgment of the minutes of the NDC4 meeting minutes and agenda. c. Acknowledgment of the Treasurer's monthly report for October. d. Acknowledgment of the Fire Department monthly report for October. e. Acknowledgment of a letter of resignation from Police Officer David Odlaug, effective on November 22, and authorization to replace the patrol officer position as part of the recruitment process currently underway. f. Acceptance of a letter of retirement from Firefighter George Lowe, effective on November 1, 1999. Page No. 2 November 16, 1999 g. Authorization to retain Blake Davis to update the property appraisal of the Kirchner property (known as the Fischer's 66 station). h. Authorization to enter into an agreement with the City of Apple Valley and the City of West St. Paul to share in the maintenance of a message switch/message server and records server at a cost not to exceed $4,875.00 per year. i. Authorization for the Mayor and City Clerk to execute a purchase agreement to acquire Lot 42 from Resurrection Cemetery and authorization for the purchase of title insurance from Old Republic Title Company. j. Approval of the acquisition of Microsoft Small Business Server 4.5 and retention of networks for consultation and software installation at the rate of $100 per hour, for an amount not to exceed $2,500 (actual payment to occur in the third quarter of 2000) and further that staff be authorized to take quotes on a network server and issue a purchase order for a server in an amount not to exceed $4,900, all costs to be charged to the Y2k contingency. k. Approval for the issuance of a building permit to Robert Carr & Associates, Inc., to allow the relocation of an exterior door and construction of an additional canopy above the proposed new door at Ecolab, Inc. 1. Adoption of Resolution No. 99 -80, "A RESOLUTION APPROVING AN AGREEMENT MADE AND ENTERED INTO WITH THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR LAKE IMPROVEMENTS AT ROGER'S LAKE PARK." m. Adoption of Ordinance No. 334, "AN ORDINANCE RELATING TO AND REGULATING THE MAINTENANCE OF ON -SITE INDIVIDUAL SEWAGE TREATMENT SYSTEMS (ISIS)," and authorizing the Engineering Department to send notification letters to owners of individual sewage treatment systems of the required maintenance. n. Approval of the list of contractor licenses dated November 16, 1999. Page No. 3 November 16, 1999 o. Approval of the List of Claims dated November 16, 1999 and totaling $308,989.30. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 WMO BOARD MEMBERS Council acknowledged a memo from Public Works Director Danielson requesting authorization for staff to advertise Gun Club Lake and Lower Mississippi River WMO Board member positions in the legal newspaper as mandated under a new State Statute for the purpose of appointing individuals to serve as Mendota Heights WMO Board members beyond 1999. Council also acknowledged an associated letter from the law firm of Knutson and Campbell. Mayor Mertensotto stated that Public Works Director Danielson and Engineer Marc Mogan have served as members of the board for several years. It appears that a literal interpretation of the statute adopted this year would not prevent Council from appointing or reappointing staff members to serve on the boards prior to December 31, 1999 and serving out that term. The letter from Knutson and Campbell says that if the appointment of a staff member is made prior to December 31, the law does not state that a current commissioner who is a staff member cannot finish his /her term. He suggested that the city does not want to lose the expertise of Public Works Director Danielson and Engineer Mogan and should reappoint them to three - year terms. Councilmember Krebsbach informed Council that this issue came before the AMM Metropolitan Agencies committee that she chaired and Rep. Dennis Ozment, who authored the legislation, told the committee that board members who are city staff will be removed after the first of the year. Councilmember Dwyer stated that, from his experience on the citizens advisory committee to the Lower Mississippi WMO, management of the watersheds is very complicated and builds on year and year after year of knowledge of what has been done. It is grossly short- sighted for the legislature to take steps to pull out of the process people who have worked with these issues day in and day out. Councilmember Dwyer moved to reappoint James Danielson to an additional term as a board member to the Gun Club Lake WMO and Marc Mogan to an additional term as a board member to the Lower Page No. 4 November 16, 1999 Mississippi WMO for three -year terms commencing as of January 1, 2000. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Tom Norman submitted petitions from the Freeway Road, Bunker Hills and Wesley Lane neighborhoods with regard to the Mendota Heights Town Center proposal. Mr. Sten Gerfast, 1802 Valley Curve, stated that he walked around the neighborhoods and talked to the homeowners on Sunday and found that 19 out of 21 people had some objections to the Town Center proposal, including density. He felt that it would have been appropriate for the city to prepare several proposals so that the people could choose one. He was concerned about the density, the ability of retail to survive because it is so far from Dodd Road, and concerned that the project might become a hangout for vandals. The people on Freeway Road object to the three -story structure. Mayor Mertensotto stated that he received a call from the Executive Director of the Dakota County Development Partnership who stated that his group has reviewed the proposed development and finds it to be a development which is of the latest and upcoming design and that this is what is needed for the 21" century. He stated that the Partnership endorses the concept and that he will send a letter of support to the city. Councilmember Huber informed Council that the MHAA has expressed concern that they think having a facility where residents can sign up for activities is of value to the community and they would like to have a dialogue with the city on what options might be available to them as far as where their facility might be located. AIR NOISE PLAN OF ACTION Council acknowledged a memo from Administrator Batchelder regarding the updated Air Noise Plan of Action. Airport Relations Commission Chair Scott Beaty was present for the discussion. Administrator Batchelder informed Council that the commission annually prepares a plan of action for presentation to the Council. The plan guides policies on air noise issues for the next year. The plan is being presented to Council this evening for endorsement. He summarized the commission's accomplishments over the past year. Page No. 5 November 16, 1999 Chair Beaty reviewed the Airport Plan of Action and responded to Council questions. HEARING: DAKOTA Mayor Mertensotto opened the meeting for the purpose of a COMMUNITIES continued hearing on an application from Dakota Communities for Housing Facility Revenue Bonds. Council acknowledged a memo from Treasurer Shaughnessy, a letter from Briggs and Morgan, and a proposed resolution granting final approval. Ms. Kathy LeMay was present on behalf of Dakota Communities. Ms. LeMay stated that the bonds would finance five new group homes for developmentally disabled individuals and to refinance five existing homes. She also requested a waiver of the issuance fee. Responding to a question from Mayor Mertensotto, she stated that Dakota Communities will appear before four of the joint powers communities this evening and three more next week. All of the hearings have been positive. Mayor Mertensotto stated that he does not feel the city should authorize the sale of bonds until all of the joint powers communities take affirmative action to pass the appropriate resolutions. He asked if there have been any concerns expressed by the other communities. Ms. LeMay responded that there have been no negative comments. South St. Paul and Eagan have passed resolutions. Vadnais Heights and Crystal will conduct hearings this evening. Inver Grove Heights has held one hearing and will hold the final hearing next Monday along with West St. Paul and Maplewood. Legal counsel for Dakota Communities stated that it is his understanding that the Council will not meet until December. and Dakota Communities would like to close at the end of November. He suggested that Council grant approval contingent upon approval by all of the other cities. He stated that the bonding couldn't proceed unless approval is granted by all of the cities. Treasurer Shaughnessy recommended adoption of the resolution subject to all of the joint powers agreements being completed. Ms. LeMay informed Council that the major thing that is driving closing is the Y2k issue. There are few closings going on during December and everyone is scrambling to close by the end of November. Also, Dakota Communities is starting a construction schedule and wants to be sure that funding is available. Ayes: 5 Nays: 0 Page No. 6 November 16, 1999 Legal counsel for Dakota Communities stated that the underwriter has told them that because there is the question of technical issues, there will not be a market to sell the bonds. The closer it gets to the end of December, the more difficult it will be to sell the bonds. The resolution states that Council approves the issuance of the bonds pursuant to the joint powers agreement, and all signatures are needed in order to issue the bonds. Any technical changes to the agreement would need prior Council approval. Councilmember Huber moved to close the hearing. Councilmember Krebsbach seconded the motion. Councilmember Huber moved adoption of Resolution No. 99 -78, "A RESOLUTION GIVING FINAL APPROVAL TO THE HOUSING PROGRAM OF DAKOTA COMMUNITIES, INC. AND THE ISSUANCE AND SALE OF HOUSING FACILITIES REVENUE BONDS PURSUANT TO A JOINT POWERS AGREEMENT ENTERED INTO IN CONNECTION THEREWITH," with the condition that the closing documents may not be transmitted unless the city has knowledge of an officially adopted resolution to join the joint powers agreement by all of the other eight participating communities. Councilmember Dwyer seconded the motion. Council acknowledged a letter of request for the waiver of fee. Councilmember Dwyer stated that Dakota Communities is asking the city to waive the $15,000 issuance fee. St. Thomas asked for a waiver in its $28,000 fee and then offered to pay $5,000 of that fee, which received majority approval of Council. Councilmember Krebsbach stated that prior to that waiver, Council granted a 50% reduction in the fee for Turner's Gymnastics. Mayor Mertensotto pointed out that Council looks at these requests on a case by case basis because every non -profit that comes before Council for a waiver offers programs to the community, and it is an advantage to have those programs located in the city. It was noted that Dakota Communities' letter indicates that if Council feels it necessary to charge a fee, that the same percentage be applied as was used for St. Thomas. Page No. 7 November 16, 1999 Mayor Mertensotto felt that the fee should not be in direct proportion, since St. Thomas freely offers the use of its athletic facilities to the community. Councilmember Schneeman stated that many Mendota Heights children are in the homes and it is a great service to the parents. Ms. LeMay responded that Dakota Communities does provide a community need and to a number Mendota Heights constituents and contributes significantly to the quality of life in the community, and is a major employer in the community. Councilmember Dwyer moved to request as an issuance fee the sum of $1,262.50. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 VOTE ON BOND ISSUANCE MOTION: Ayes: 5 Nays: 0 DECORAH LANE STOP SIGNS Council acknowledged a memo from Police Chief Johnson r6garding continued discussion on a request for stop signs on Decorah Lane at Ocala Lane. Chief Johnson reviewed the request from Mr. Wittenberg, 687 Decorah Lane. He explained that presently there is a yield sign for southbound Ocala at Decorah, but signs to stop traffic east and west on Decorah do not exist. He stated that stop signs should not be used to control traffic speed but they are appropriate for the flow of traffic. There is no congestion at this intersection, but there is a visibility concern. Line of sight on Ocala looking east on Decorah is somewhat limited because there is a curve in the roadway and several arched trees. Also, the ground does rise on the lot at the intersection. It has been requested a stop sign on Decorah, both east and west bound, and a stop sign on Ocala. There is no history of accidents at the intersection, but stop signs would make it safer for traffic, and would also make it safer for children to cross to the park. He stated that staff recommends a three way stop sign. He pointed out that there is a four way stop sign at Pontiac Place, and the question has been raised over whether this is too many stop signs on Decorah. The downside is if motorists feel there are too many stop signs, they will ignore the signs Page No. 8 November 16, 1999 Councilmember Dwyer pointed out that there is a stop sign at Huber and Decorah. If this request approved, there would be three stops in less than one -third mile. From Huber to the proposed stop sign is less than one -tenth mile. He felt that it would possible that people will take Cheyenne rather than Decorah to avoid all of the stop signs. He asked whether a compromise would be to replace the yield sign with a stop sign on Ocala. Chief Johnson responded that most people are stopping on Ocala now, and he would definitely change the yield sign to a stop sign. Councilmember Krebsbach asked how far back trees are supposed to be from a corner. Public Works Director Danielson responded that there is a sight distance triangle on corner lots and there are not supposed to be any sight obstructions thirty feet from the corners. Councilmember Krebsbach asked if the city be interested in participating in helping the home owner move the tree closer to the house. The property owner, present for the discussion, stated that there is nowhere to move it to. Public Works Director Danielson informed Council that he has asked NSP for a quote for a street light at the intersection but has not received a response yet. Mayor Mertensotto suggested marking a pedestrian crossing in addition to the street light and stop sign. He stated that going east on Decorah, people will not expect a stop sign at the intersection. Mrs. Wittenberg stated that people turning from Ocala cannot see until they are already on Decorah. Councilmember Krebsbach stated that no matter what, there is a visibility issue, which really is a safety issue. Mayor Mertensotto felt that lights are vitally important at the intersection so that people can see the stop sign, as well as a crosswalk. He would support the stop signs if lighting and the crosswalk are installed. Ayes: 5 Nays: 0 PUBLIC HEARING NOTICE POLICY Ayes: 5 Nays: 0 Page No. 9 November 16, 1999 Regarding the concern is that traffic will use Cheyenne instead, Mr. Wittenberg stated that he has timed the routes that one might take, and they were nearly identical. He felt that the neighborhood would be much safer, and stated that the imposition that travelers going down Decorah would have only a 3 second delay. He stated that he has seen and experienced many near accidents. The intersection of Pontiac and Decorah is not lit, and people are not running them. Councilmember Huber moved adoption of Ordinance No. 335, "AN ORDINANCE AMENDING ORDINANCE NO. 1113," with the direction that the stop signs not be installed until the street lights and pedestrian crosswalk are installed. Councilmember Schneeman seconded the motion. Councilmember Krebsbach asked what the plan will be if the neighborhood is adversely affected by traffic being diverted to other streets. Mayor Mertensotto stated that the police department will monitor the situation, and if it becomes adverse, Chief Johnson will return with a recommendation to reverse it. Council acknowledged a memo from Assistant Hollister regarding the city's public hearing notice policy. Mayor Mertensotto briefly reviewed the proposed policy for the audience. Councilmember Krebsbach moved adoption of Resolution No. 99- 79, "A RESOLUTION FURTHER DEFIZIING THE CITY'S PUBLIC HEARING NOTICE POLICY." Councilmember Schneeman seconded the motion. Council acknowledged a memo from Treasurer Shaughnessy regarding acquisition of the Bohlig property at 2455 Highway 55. Mayor Mertensotto directed the city attorney to adjust the life estate agreement to state that the city will make insurance proceeds available to the Bohligs for the sole purpose of paying for repairs to the residential property. Page No. 10 November 16, 1999 Councilmember Krebsbach moved to enter into a purchase agreement for the purchase of the Bolig property through TIF for the appraised price of $135,000, to enter into a life estate agreement, with the understanding that the Bohligs will pay the property taxes while the home is in their possession and that if the city sells the property to a developer, the Bohligs will receive an additional $5,000 to terminate the life estate. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 BUDGET Council acknowledged and briefly discussed a memo from Administrator Batchelder regarding the proposed 2000 Budget. SPECIAL LEGISLATION Council acknowledged a memo from Administrator Batchelder regarding consideration of a proposal from Faegre & Benson to provide special legislation services to extend the life of the city's TIF District. Council also acknowledged an associated letter from Ms. Mary Ippel, from Briggs and Morgan. Council briefly reviewed the recommendation. It was noted that the city can terminate the engagement early to minimize costs if necessary. Councilmember Schneeman moved to approve the special legislation services proposal from Mr. John Herman, of Faegre & Benson, in an amount not to exceed $12,500. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 WARNKE PROPERTY Council acknowledged a memo from Treasurer Shaughnessy informing Council that Mr. Herb Warnke, who has held a life estate on the home adjacent to the fire station, has moved from the home and the property will be available to the city by December 3. Mayor Mertensotto stated that the home is a non - conforming use and that Council should follow past practice, wherein non - conforming structures are not allowed to be continued in their use or converted from residential to office. He did not think Council should entertain any intermediate use that felt that staff should immediately take bids for demolition and clean -up of the site. Councilmember Schneeman stated that it has been suggested that MHA.A is looking for a place if Mendota Heights Town Center Page No. 11 November 16, 1999 develops. He asked if this house could be made available to MHAA and perhaps other community services. Mayor Mertensotto stated that the same rules should apply to the city as apply to private property owners, and the city would not allow the continued use. Attorney Hart stated that the city will need to get a quit claim deed before the city does anything. Councilmember Krebsbach stated that Council can find out the cost of demolition but not make a decision on the matter this evening. Council directed staff to take quotations for demolition of the Warnke home and return the matter to the agenda on December 7. COUNCIL COMMENTS Councilmember Huber updated Council on the NDC4 negotiations with respect to the Joint Powers Agreement. ADJOURN There being no further business to come before Council, Councilmember Huber moved that the meeting be adjourned to the Truth in Taxation hearing scheduled for 7:30 p.m. on December 6. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TM E OF ADJOURNMENT: 10:20 p.m. KatfAeen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor