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1999-09-21 Council minutesPage No. 1 September 21, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 21, 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 Dwyer moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on September 7, 1999 as amended. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, amended to move items e, Metropolitan Parks and Open Space Commission appointment, and i, right -of -way vacation request, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 10, Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the September 14, 1999 Parks and Recreation Commission meeting. c. Acknowledgment of the Treasurer's monthly report for August. d. Acknowledgment of a review of the Park and Recreation summer program.. Page No. 2 September 21, 1999 e. Authorization for preparation of an appraisal of the Gerald Bohlig property. f. Authorization to schedule a public hearing for October 19 for consideration of the proposed business subsidy criteria. g. Approval of the probationary appointment of Rob Galezewski as a volunteer firefighter immediately, subject to successful completion of a physical and criminal history and driving record background checks and the probationary appointment of Jay Taylor and Scott Goldstein, effective December 1, 1999, subject to successful completion of a physical and criminal history and riving record background checks. h. Adoption of Resolution No. 99 -63, "A RESOLUTION DENYING BUROW FARM ADDITION PRELIMINARY i. Approval of the list of contractor licenses dated September 21, 1999. j. Approval of the List of Claims dated September 21, 1999 and totaling $603,245.84. k. Adoption of Resolution No. 99 -64, "A RESOLUTION AUTHORIZING A LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 1999 STATE DEER HUNT SEASON." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PARK AND OPEN SPACE Council acknowledged a letter from the Metropolitan Council COMMISSION regarding the appointment process for appointment of candidates to the Metropolitan Parks and Open Space Commission, along with an associated memo from Administrator Batchelder. Councilmember Schneeman stated that the letter from the Metropolitan Council asks if Council is interested in advocating or supporting anyone for the Chair position She recommended that Council support David Hartwell for the Chair position, stating that Mr. Hartwell is very involved in environmental and park issues. Page No. 3 September 21, 1999 Councilmember Huber suggested that Council support the appointment of Ann Norton to the Commission. Councilmember Schneeman moved to send a letter of recommendation endorsing David Hartwell for the Chair of the Metropolitan Parks and Open Space Commission. Councilmember Dwyer seconded the motion. Councilmember Huber suggested that Council support the appointment of Ann Norton to the Commission. Councilmember Schneeman moved to send a letter of recommendation endorsing David Hartwell for the Chair of the Metropolitan Parks and Open Space Commission. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach and Councilmember Huber jointly moved adoption of Resolution No. 99 -65, "A RESOLUTION ENDORSING ANN NORTON FOR APPOINTMENT TO THE METROPOLITAN PARKS AND OPEN SPACE COMMITTEE," along with direction to staff to submit copies of the resolution to Metropolitan Council Chair Mondale and to District 15 representative Carolyn Rodriguez. Mayor Mertensotto seconded the motion. Ayes: 5 Nays: 0 RIGHT -OF -WAY VACATION Council acknowledged a memo from Public Works Director (FEFFER) Danielson regarding a request from Mr. Tony Feffer asking that the city request that MnDOT vacate unused I -35E right -of -way located in the northwest quadrant of I -35E and Mendota Heights Road (adjacent to the Feffer property). Mayor Mertensotto stated that he does not want to call the vacation the "Feffer" right -of -way vacation. He informed Council that he has spoken with Mr. Feffer and he was going to see what he an do to develop the property by using a cross -over easement. He suggested that the city purchase the property from Mn/DOT, using TIF funds, to assist in the development of the industrial district, provided the purchase can be completed by December 31. He stated that the fact that there was a sketch attached to the memo should not be construed to be the reason why the city wants to purchase the right -of -way. He did not want the sketch tied into the right -of -way purchase by any Page No. 4 September 21, 1999 means, and pointed out that Council does not want to lock itself into any development proposal. Councilmember Krebsbach stated that Council must be sure that this is something the city wants. Mayor Mertensotto responded that the city would ask for the repurchase of the excess right -of -way to assist in industrial development. Councilmember Krebsbach asked what kind of improvements the city might be giving up if it acquires the right -of -way. Public Works Director Danielson responded that the city would not be giving up any improvements, as MnDOT has no plans for the right -of -way. Councilmember Krebsbach moved to direct Public Works Director Danielson to pursue vacation of the Mn/DOT excess right -of -way through TIF provided that the purchase can be completed by December 31, 1999. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 RECYCLING AWARD Council acknowledged a letter from Ms. Gayle Prest, from the Dakota County Environmental Management Department, along with a memo from Administrator Batchelder regarding a recognition award from Dakota County for the city's ten years of participation in the county recycling program. Ms. Prest and County Commissioner Patrice Bataglia were present for the discussion. Commissioner Bataglia stated that she is present to celebrate the ten year anniversary of the curbside recycling program in Dakota County. She reviewed the success of the program and where the program is going in the future. She stated that Administrator Batchelder began the curbside recycling program in Mendota Heights and Assistant Hollister has succeeded him in the program. She expressed appreciation to the Council for its efforts and stated that about 80% of the households and businesses in Dakota County participate in the recycling program on a regular basis. She stated that County is now placing the emphasis on reducing waste generation and hazardous wastes and chemicals. Page No. 5 September 21, 1999 Ms. Prest presented a plaque to Council recognizing the city's ten years of recycling efforts. Mayor Mertensotto stated that the city is proud to be part of the recycling program. Councilmember Dwyer stated that his neighborhood recently had a block party and tried to be diligent in separating glass and aluminum cans. Someone at the party asked who is receiving the benefit from the aluminum and newspapers that are being recycled. He asked how much money has been made by someone, what is the value of the recyclables and where the money has gone. Ms. Prest responded that aluminum cans are a commodity and the price has changed greatly. She stated that everyone benefits because of the recycling service. The haulers are not allowed to charge for providing recycling service and use the sale of the aluminum to help pay for the service of recycling collection. Councilmember Dwyer stated that he would like information on the actual revenues from recycling aluminum and other materials. Ms. Prest responded that recycling is privatized in Dakota County but she can prepare estimates for Council. Administrator Batchelder stated that ten years ago Dakota County established as a condition for having a haulers license that haulers could not charge a fee for recycling. The program started out with three materials that were recycled and there was quite a bit of concern among haulers that there would be a risk of not having a market, and there have been good years and bad years. He pointed out that people do have the option to get paid for their aluminum cans. Responding to a question from Councilmember Huber, Ms. Prest stated that the amount of waste that people generate each year compared to ten years ago has increased substantially even though 48% of the county's waste stream is recycled, the amount of waste being thrown away keeps growing, and landfill space is very much a concern. She stated that the county is working on ways of trying to talk to people about what they are throwing away. She informed Council that garbage from Dakota County went to four different states last year. j CASE NO. 98 -30, GATEWAY Council acknowledged a memo from Assistant Hollister regarding Page No. 6 September 21, 1999 COMMONS SIGN a request for a sign permit for Gateway Commons. Mr. John Abrahamson, from Sign Source, was present for the discussion. Mr. Abrahamson informed Council that the sign is meant to mark the building complex. Currently each of the tenants has its own identification sign but this sign would mark the complex, and it will have three flags behind it. Councilmember Schneeman asked if this is the sign that came before Council a year ago, when the variance was requested. Mr. Abrahamson responded that the sign says the same thing but it has been revised and redefined and does look different. Responding to a question from Mayor Mertensotto, Mr. Abrahamson stated that the three address numbers that are also proposed for the building would replace existing address numbers with a new style. the sign will only mark the building complex as Mendota Heights Gateway Commons. The sign will not be lit, and it will be surrounded by perennial flowers. Councilmember Huber asked if staff has confirmed that there are no other variances needed other than the setback variance that ha been granted on September 1, 1998. Administrator Batchelder responded that no additional variances are needed. Mayor Mertensotto read the conditions that were attached to the variance approval. He asked if there is a sign plan on file so that staff can determine that it conforms to code. Public Works Director Danielson responded that the applicants came before Council for the variance last year without having the sign itself approved. The variance was approved with the intent that all commercial signs come before Council for approval as a building permit, and the applicants have now submitted a plan for the sign. Councilmember Schneeman moved to authorize staff to issue a sign permit for a sign consistent with the plan on file with the city. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Page No. 7 September 21, 1999 ROGERS LAKE Council acknowledged a memo from Parks Project Manager Guy Kullander regarding DNR installation of an aerator and fishing pier at Rogers Lake. Parks and Recreation Commissioner Stan Linnell informed Council that the Commission received a presentation by Gerald Johnson, from the DNR, regarding aeration systems used by the DNR and an explanation of the fishing pier program. The DNR has received many calls from people wanting to know what is being done to keep fishing good in Rogers Lake. The aeration system would be for the bad years, when the weather is very cold and the lake cannot maintain the fish population. The system consists of a pump and baffle system wherein water from the lake would be pumped up a pipe and then down a series of steps and back into the lake. This keeps the open water to a minimum and the equipment would be close to the shoreline. The DNR proposes a temporary system for one year to see how well it works. The temporary system would be mounted on a trailer, an there would be a portable pump on the ice with a hose and electric line, and everything would be fenced off. The system would only run when necessary. There would be no charge to the city for the aeration system, and the only city expense would be for the electric service for the trailer system. If things work well the DNR would propose putting in a permanent system. Mayor Mertensotto stated that his only concern is that there are were very many years when people took cars on the lake and did ski tubing. The lake is very shallow and freezes to the bottom for the first 75 feet. If the pump is not out far enough, it would be pumping silt. He asked what good it would do to put the system at the shoreline because the fish will not be able to get there. He stated that the deepest hole he knows of on the lake is 16 to 18 feet, and the aeration device would have to be in the deepest part of the lake in order to help. Mr. Linnell responded that there will be a pipe out into the lake so that they can pump the water into the system. Mayor Mertensotto stated that it is laudable of the DNR to install and pay for the system. He also stated that putting the pier in the park would be best, and pointed out that people are fishing along Wagon Wheel now and it is dangerous. He felt that if the aeration system will propagate the fish population, and if people are catching fish, Council should approve the proposal. Page No. 8 September 21, 1999 Councilmember Dwyer agreed, stating that the DNR is talking about a temporary, experimental program this winter, which, if successful it could potentially lead to a fishing pier. Mayor Mertensotto stated that if a pier is installed in the park, it would redirect the traffic into the park and away from parking on the street. Councilmember Krebsbach asked if the program would just be for one year. Mr. Linnell responded that the DNR would provide the permanent system and the temporary system free of cost except for maintenance and electricity and it will also pay for the fishing pier. Councilmember Huber pointed out that there would be no impact on the taxpayers, since the DNR installs three piers a year, and if a pier is not installed at Rogers Lake, it will be installed somewhere else. Councilmember Krebsbach expressed a concern about safety (because of open water) if the aeration system is installed. She asked how much the lake is used by people who trust it will be safe. Mayor Mertensotto responded that people he has seen people para- sailing on it and cross country skiing. Mr. Linnell stated that the advantage of the aeration system that is proposed is that it only disturbs a small area of the lake surface. Councilmember Schneeman noted that if the proposal is approved and a pier is installed, it would be much safer than it is now. Councilmember Dwyer moved to direct staff to prepare applications for both the temporary aeration system and the fishing pier in the public park area of the Rogers Lake Park. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 MENDOTA HEIGHTS TOWN Council acknowledged a memo from Administrator Batchelder CENTER regarding endorsement of the Mendota Heights Town Center Plans. Mayor Mertensotto informed the audience that Council recently held a workshop wherein Council fmalized its thoughts regarding a concept plan for what up to this time has unofficially been referred to Page No. 9 September 21, 1999 as the Mendota Heights Town Center. The concept consists of townhouse units with underground garages and homes with offices attached. It includes two story townhouses and a three story senior housing facility centered around retail and office space. He stated that the thinks it is a good concept and Council will conduct a public hearing to hear how people feel about the concept. Council has asked staff to place the matter on the next Planning Commission agenda so that they can meet with the city's consultants. Council has also asked staff to send letters to the adjoining land owners to invite them to the Planning Commission meeting. The matter is on this evening's agenda for official endorsement of the Mendota Heights Town Center, which is redevelopment of the northeast corner of the Dodd Road and T.H. 110 intersection. Administrator Batchelder stated that this evening he distributed to Council a current plan with today's date on it. The plan shows additional detail and more description. Administrator Batchelder reviewed the plan for the audience and read the narrative included on the plan, which describes the proposed uses. Mayor Mertensotto stated that there has been considerable thought given at workshops to buffering existing residential neighborhoods, and the proposed townhouses will create the buffer. He stated that it took Council a considerable amount of time to develop the concept and that he believes Council has come up with a very god design, which he hopes the residents will want finalized. Councilmember Krebsbach noted that green space has been designed to reflect the scale of the green space on the golf course side of the intersection. Councilmember Huber stated that along Dodd Road, everything has been scaled back so that there are gaps in the townhouses so they lie up with the single family homes on Dodd. Councilmember Krebsbach stated that Council anticipates that if the plan is approved and developed, the development may draw traffic on South Lane. She stated that the students from Sibley High School may well come to this area for the coffee shop and the other commercial uses. Administrator Batchelder agreed, stating that the realignment of Freeway Road should better serve the existing residences. He informed the audience that the design team will be making a presentation to the Planning Commission on September 28 at 7:30 Page No. 10 September 21, 1999 p.m. The presentation will give the owners of property in the site as well as residents the opportunity to view the concept for the first time. He stated that he expects that staff will be back before Council on October 5 with traffic information and recommendations for further presentations and a proposed hearing schedule. Mayor Mertensotto stated that there are time constraints because of the notice the city has received about use of TIF. He further stated that all property transactions would have to be competed before the end of the year. City Attorney Hart clarified that if Council endorses the concept tonight, they will are not approving any plan and will go through public hearings before taking any action. Councilmember Dwyer stated that Council has spent many hours on planning for the intersection and the Mendota Heights Town Center concept plan represents Council's best thoughts as to what it would like to do but it does not represent any final plan. Councilmember Dwyer moved the following: to direct staff to schedule an informational hearing for the September 28, 1999 ( ) Planning Commission meting for the design team to present the concept plan to the Planning Commission and public; to authorize staff to order appraisals of the properties within the site redevelopment area; to authorize completion of a traffic study by S.E.H; to authorize survey work for the redevelopment site; to direct staff to notify property owners within the site redevelopment area and to inquire with property owners about their willingness to negotiate a purchase agreement; to direct staff to begin work on land use controls such as rezoning, drafting of ordinances to address architectural controls and planned unit development controls; and to direct RMF Entities to make application on a demonstration Account Grant through the Livable Communities Act on behalf of the City of Mendota Heights. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 COMPREHENSIVE PLAN Council acknowledged a memo from Administrator Batchelder regarding scheduling a workshop to address potential land use to consider land use changes (for twenty isolated properties) within the Comprehensive Plan update. Page No. 11 September 21, 1999 Councilmember Krebsbach moved to conduct a Comprehensive Plan workshop at 7:00 p.m. on Tuesday, October 12. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Huber noted that the Parks and Recreation Commission minutes reflect discussion on a donation from MHAA to help support the cost for security in some of the parks Police Chief Johnson stated that he though the city had taken care of the vandalism problem by securing the portable toilet units but then vandals burned them. He stated that the Police Department is planning an organized park watch program, and business leaders in the community are trying to set up a non - profit group to assist with the program. He further stated that MHAA has indicated that it would like to participate in the program. Councilmember Schneeman stated that Park Commission Chair Spicer suggested that the city install cameras in the parks, and she felt this would be a good way to catch whoever is doing the vandalism. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned to closed session for to discuss labor negotiations Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:07 o'clock p.m. K thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor