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1999-05-18 Council minutesPage No. 1 May 18, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 18, 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. Acting Mayor Krebsbach called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Krebsbach, Councilmembers Dwyer and Schneeman. Mayor Mertensotto and Councilmember Huber had notified Council that they would not be present. Rxfffflffillm•••' • Ayes: 3 Nays: 0 APPROVAL OF MINUTES Ayes: 3 Nays: 0 Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Dwyer seconded the motion. Councilmember Dwyer moved approval of the minutes of the regular meeting held on May 18, 1999 as amended. Councilmember Schneeman seconded the motion. CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move the following items to the regular agenda, Evergreen Knolls 3`a Addition final plat, Ordinance No. 331, and CAO Case No. 99 -02, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for April. b. Acknowledgment of the Fire Department monthly report for April. c. Acknowledgment of a $500 donation from Moose Country or the Fire Prevention Program. d. Acknowledgment of a letter and memo regarding a stop sign request for the intersection of Victoria Road and Marie Avenue. Page No. 2 May 18, 1999 e. Approval of the purchase of five MSA Composite II cylinders from Danko Emergency Equipment for the price of $550 per cylinder. f. Authorization to dispose of two 1997 Ford Crown Victoria squad cars through the June 19 State of Minnesota auction with proceeds to deposited in the city's General Fund. g. Authorization for the purchase of VISIONS Mobile Software at a cost of $23,786 for use in laptop computers in the squad cars. h. Authorization for the issuance of a purchase order for eight grills for neighborhood parks for the price of $989.40 to Playworld Systems. i., Authorization for issuance of a purchase order to Fenc -Co, Inc. for the installation of a six foot privacy fence at the Public Works facility.for its low bid of $9,032. j. Approval of the conditional appointment of Judy Wonick as Receptionist/Clerk Typist, at Step A, Grade I of the city's salary matrix for an annual starting salary of $22,086. k. Approval of the appointment of Judd Harper as Administrative Intern at the rate of $11 per hour for 40 hours per week, effective June 7, 1999 for a period not to exceed six months. 1. Adoption of Resolution No. 99 -23, "RESOLUTION ESTABLISHING SCHEDULE OF FEES FOR DOG LICENSING AND IMPOUNDING." m. Approval of the List of Contractor Licenses dated May 18, 1999 and attached hereto. n. Approval of the List of Claims dated May 18, 1999 and totaling $158,972.26. Ayes: 3 Councilmember Schneeman seconded the motion. Nays: 0 EVERGREEN KNOLLS Public Works Director Danielson reviewed the proposed final plat for the Evergreen Knolls 3' Addition. Page No. 3 May 18, 1999 Councilmember Dwyer moved adoption of Resolution No. 99-24, "RESOLUTION APPROVING FINAL PLAT FOR EVERGREEN KNOLLS 3RD ADDITION." Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 ANIMAL CONTROL Council acknowledged a memo and proposed Ordinance amending ORDINANCE Ordinance No. 1301, regulating dogs and cats. Police Chief Johnson explained the content of the proposed ordinance and changes from the existing ordinance which are required in response to legislation adopted by the state in 1998. He informed Council and the audience on the provisions of the ordinance relating to dangerous dogs. Councilmember Dwyer moved adoption of Ordinance No. 331, "AN ORDINANCE AMENDING ORDINANCE NO. 45 (Codified as Ordinance No. 1301, "AN ORDINANCE REGULATING DOGS AND CATS, PROVIDING FOR THE LICENSING OF DOGS AND THE IMPOUNDING OF DOGS AND CATS, AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF." Councilmember Scbneeman seconded the motion. Ayes: 3 Nays: 0 CAD CASE NO. 99-02, Council acknowledged an application from Mr. Brian Hanson, of HANSON Aloha Pools and Spas, for a critical area permit to allow construction of an inground swimming pool for Mr. & Mrs. Joe Juliette, at 1920 Glenbill Road. Mr. Juliette was present for the discussion. Mr. . Juliette informed Council that he will need to remove about 12 trees but will be adding a dozen trees to the lot. Along the street line, he will be planting six 14 foot Black Hills Spruce trees and six other 7 foot Colorado or Black Hills Spruce will be added to the lot. Six of the trees that will be removed are either dead or dying. He stated that he has received signatures of approval from all of his immediate neighbors except the Gavins, who are on vacation, and that he will get their approval as soon as they return home. Acting Mayor Krebsbach stated that it has been Council's custom in the critical area that neighbors review plans. Mr. Juliette responded that he will review his plans with the Gavins and will not begin construction until he has their approval. He stated that he proposes to get a signature from the Gavins and bring that to Page No. 4 May 18, 1999 City Hall when he applies for the swimming pool permit. Responding to a question from Acting Mayor Krebsbach about screening, he stated that there are many trees remaining behind his lot. Councilmember Dwyer moved to grant the critical area permit for the swimming pool conditioned upon consent on the submitted plan from the Gavins, and upon presentation of the consent the pool permit may be issued. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 TELEPHONE SYSTEM BID Council acknowledged a memo from the City Clerk along with a AWARD tabulation of bids received for a new telephone system for City Hall. Consultant Kate Boland was present for the discussion. Ms. Boland informed Council that she and four members of the city staff went to the vendors' locations for demonstrations of the systems proposed by the three lowest bidders. It was the unanimous recommendation of those city staff members that the Samsung system quoted by Minnesota Telephone Installers was the best system. The Minnesota Telephone bid was also the lowest bid. She informed Council that Minnesota Telephone has been maintaining the city's existing phone system for several years and has done an excellent job. Minnesota Telephone included a five year parts warranty, which is four years longer than any other bidder. The company, will also give the city written verification that all of the equipment is new equipment. Ms. Boland stated that changing from the current analog telephone service to T -1 service will save about 21% of the city's current cost for phone service. She recommended that the city convert its service to T -1, through Ovation Communications (the low bidder for the service), and that the city award the contract for the new telephone system to Minnesota Telephone for the digital Samsung system with the T -1 option. Ms. Boland informed Council and the audience that it will be the city policy to always have a person answer the phones during business hours. Installation of the new telephone system will be scheduled by the end of July. The Minnesota Telephone Installers bid price for the system with the T -1 option is $27,975.62, which is significantly under the city's budgeted amount of $40,000. Page No. 5 May 18, 1999 Councilmember Dwyer moved to authorize conversion to T -1 telephone service through Ovation Communications; award the contract for a new telephone system to Minnesota Telephone Installers for a Samsung DCS Telephone System with T -1 option, for its low bid of $27,975.62; and authorize the upgrade of twenty of the telephone units to large display phones at a cost of $46 per unit plus tax. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 FIRE STATION BID AWARD Council acknowledged a memo and tabulation of bids from Fire Chief Maczko for improvements to the Fire Station. Chief Maczko informed Council that improvements proposed in the dispatch area, that also serves as an area for the captains, include counter tops and cabinets with mail slots. A second improvement would add facilities by taking an underutilized room and using that room for fire prevention and expansion to provide four lockers for the possibility that female firefighters will be appointed in the future. The low bid was submitted by S. E. Hanson Construction for $7,820. There will be an additional cost of $765 for electrical work. He stated that the improvements will be funded by the Facilities Reserve Fund. Councilmember Dwyer moved to award the bid for fire station improvements to S.E. Hanson for its low bid of $7,820, and to authorize an expenditure of $765 for independent electrical work. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 ROGERS LAKE QUALITY Mr. Joe Reymann and several members of the St. Thomas Academy Environmental Studies class were present to report their findings on analysis of the water quality of Rogers Lake. The following Cadets made presentations: Mike Brzica, Ryan Traeger, Tony Mason, Mike Jones, Tim O' Shaughnessy, Andrew Eilertson and Matt Mattise. The cadets reviewed the nine tests that were taken, described how the tests were taken and reviewed the test results, making comparisons to the 1997 results on an overall water quality index. Their conclusion was that Rogers Lake has an overall water quality index of 48.8, which is a very good rating and an improvement over prior years. Page No. 6 May 18, 1999 Cadets Jones and O'Shaughnessy reviewed findings on the tpH (total petro hydrocarbon) levels. tpH is found in jet fuel. The cadets reported 490 parts per billion is the expected level, and Rogers Lake test results in the fall were 468.125 and 455 parts per billion and in the spring were 254 and 170 parts per billion. These are very good counts and well within tolerable limits Counciimember Krebsbach asked how the findings compare to prior years. She also asked if the water temperature is one of the factors in the overall quality of 48.8. Cadet Mattise responded that water temperature is a factor but it is not as important to water quality as some other factors are. The class conclusion about the water quality is that since students began testing in 1993, the numbers have gotten better and the water quality is at a plateau now. Councilmember Schneeman asked what residents can do to help improve the quality of the water. Cadet Eilertson responded that the amount of fertilizer that gets dumped into the lake has a significant effect. If the city does not have impose regulations on how much fertilizer can be dumped into the lake, regulations should be considered. Cadet Traeger stated that it appears that residents are dumping grass clippings into the lake, which the city should present. Also, finding ways to prevent animal waste from going into the lake could have a significant impact on improving the water quality. Cadet Traeger informed Council that his class will provide the city with a full copy of its report. Mr. Reymann stated that Council must look at all nine of the parameters. If the data is going down from one year to the next, one should ask what is being done differently. He stated that the phosphate level is five times more than it should be, which means that to many phosphates and nitrates are being put into the lake. That comes from fertilizer, and if people were to measure the amount of nitrates and phosphates in their soil and only use what is needed when they fertilize, the water quality would improve. Also, if grass clippings are allowed to wash down into the lake, that would also be part of the problem. He informed Council that the overall test results for Rogers Lake look very good. Page No. 7 May 18, 1999 Council thanked Mr. Reymann and the Environmental Studies Class for their work and their presentation. CASE NO. 99 -05, HOFFMAN Council acknowledged a memo from Public Works Director HOMES Danielson regarding continued discussion on an application from Hoffinan Homes for a conditional use permit for a planned unit development for Augusta Shores. The memo recommended Council approval of the Planning Commission recommendation for approval of the conditional use permit and also recommended that Council acknowledge the City Attorney's recommendation regarding amending the Zoning Ordinance and cancellation of the proposed public hearing on the amendment. Mr. Peter Coyle and Mr. Pat Hoffinan were present on behalf of Hoffman Homes. Mr. Coyle stated that the application before Council is for a conditional. use permit for planned unit development and wetlands permit for the Augusta Shores townhouse development. He stated that Hoffinan Homes has provided the city with a letter from David Braslau, the MAC Air Noise Consultant, who has reviewed the detailed plans and specifications that Hoffman Homes provided to him. Mr. Braslau confirmed that the noise attenuation level Hoffman Homes has been trying to achieve will be met by using the materials that are proposed. Hoffinan Homes has provided the conservation easement to the city and has reviewed and is prepared to sign the developer's agreement. Councilmember Schneeman asked about the reference to public access being provided to the northwest corner of Lake Augusta. She also noted that the archeological survey turned out to be a non issue. Mr. Coyle responded that the "public access" is just the trail, not access to the lake. With respect to the archeological survey, Acting Mayor Krebsbach explained that a survey was done to determine if there were any artifacts on the site. Sixty -five borings only turned up a part of one arrowhead. Acting Mayor Krebsbach noted that the city has received a letter from Dakota County stating that the taxes on the conservation areas can be pro rated by unit. Mr. Hoffman showed samples of the building materials, stating that he has provided to the city a sheet that will be attached to the developer's agreement and will detail the materials. The exterior of the units will be stucco and brick, with maintenance free soffits. Page No. 8 May 18, 1999 Responding to a question from Acting Mayor Krebsbach, City Attorney Hart stated that he has reviewed the conservation easement and that his comments from the last meeting have been incorporated into the easement. He has not spoken with Hoffinan Homes about the developer's agreement and has only reviewed it very quickly but has no comments. The agreement was prepared by Public Works Director Danielson. Councilmember Dwyer stated that the matter has been before Council several times and that what is being proposed is the result of an awful lot of intense work by the applicant in conjunction with city staff. He felt that the consensus will be that Augusta Shores will be an excellent addition to the city. Councilmember Dwyer moved adoption of Resolution No. 99 -25, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT, AND A WETLANDS PERMIT UNDER CERTAIN CONDITIONS TO HOFFMAN HOMES FOR THE AUGUSTA SHORES DEVELOPMENT." Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 Mr. Coyle stated that the city staff have been terrific to work with and expressed his appreciation for their courtesy and City Council's courtesy and patience. FRIENDLY HILLS PARK Council, acknowledged a memo from Recreation Programmer Mary PROGRAM Hapka regarding a requested summer program project for Friendly Hills Park. Mr. Scott Miller was present for the discussion. Mr. Miller stated that he is appearing as a citizen and not on behalf of MHAA. He stated that it was his idea for the city to start a program to open the Friendly Hills Park warming house for the summer season and he has received endorsement from MHAA and the city's Parks and Recreation Commission. Mr. Miller stated that he feels it would be nice to open the warming house up during the summer from 11:00 a.m. to 4:00 p.m. on weekdays. MHAA would be willing to provide baseball. soccer and basketball equipment. He informed Council that he does not want the attendant to be a babysitter. Mr. Miller stated that when he was a child, he and his friends used to play sandlot or pickup baseball and that is what his proposal is like. He feels there would only be a - nominal fee for hiring an attendant, and that person should probably Page No. 9 May 18, 1999 also have a cell phone. There could also be a pop machine inside the warming house. He asked Council to endorse the program tonight so that it can be properly promoted for the summer. Responding to a question from Acting Mayor Krebsbach, Mr. Miller stated that he anticipates that Ms. Hapka would be hiring the attendant and that the individual would probably be a high school senior or college student. Acting Mayor Krebsbach stated that Council would like a record kept on program use. Mr. Miller responded that the program would be totally under the management of the city and that MHAA would only provide equipment;, Councilmember Dwyer expressed concern about exposing the city to potential liability. If the city provides attendants and someone gets hurt while the attendant is at the park, the city could be exposed to negligent supervision. City Attorney Hart responded that the city could be sued. He stated ( ) that he would defer to the city's risk managers. In this case, it seems that the city is not undertaking the supervisory role or a role of providing a safe play environment, but rather is just providing an attendant to perform a very discrete function. Councilmember Dwyer asked whether it would be the liability of the city or MHAA if the attendant checks out an aluminum bat that shatters. Mr. Miller responded that he did not think the city is taking the responsibility to examine or check out the equipment and he did not think a senior in high school would have the capability of determining whether a bat is safe or not. Attorney Hart stated that if the concern is that the city or MHAA is facilitating the gathering of children and is handing out equipment that is later determined to be defective, such as a catcher's mask. He stated that the city could require all of the participants to sign waivers or there could be a sign placed in the warming house stating that the city does not warrant any of the equipment. Page No. 10 May 18, 1999 Mr. Miller stated that MHAA could withdraw its offer to provide equipment if that is a concern, and could just provide soccer balls and basketballs. Councilmember Dwyer suggested sending the matter to the city's risk managers for review. Acting Mayor Krebsbach stated that Council could hold off on a decision for another meeting to allow Council to consider defining the city's role and what equipment would be allowed to be provided. Mr. Miller responded that if the problem is the liability issue, perhaps Council could approve the request subject to research on the potential liability and determination on what equipment would be allowed. Councilmember Schneeman felt that the program is a great idea and could be a benchmark for other parks. She stated that she would like information on numbers of participants and the success of the program. Councilmember Dwyer suggested authorizing the recreation programmer to post notices of availability of the position subject to budget restraints. Staff and the city attorney should be directed to work with the risk issues and coordinate that with the city's risk managers from the perspective of providing equipment and putting an attendant in place and maybe the expectation by the public that if there is an attendant, that there may be an expectation that the attendant has training in handling injuries and emergencies. Acting Mayor Krebsbach stated that she would like to have the option to revisit the issue. She fiirther stated that she would rather approve the request when everything is worked out. Approval could be contingent on the findings on liability, and Council could revisit whether to continue the program. She further stated that she would like to have the program monitored as a pilot program and then look at the use and the incidents the individual would be looking at. Councilmember Dwyer moved to authorize the proposed program consistent with the memo from Ms. Hapka subject to review by City Staff and City Council on the issues of liability for the city providing an attendant and equipment, and with the understanding that assessment of the program would happen during the mid -point of the summer. Councilmember Schneeman seconded the motion. Ayes: 3 Page No. 11 May 18, 1999 Nays: 0 LEXINGTON AVENUE TRAIL Council acknowledged a memo from Public Works Director Danielson regarding the proposed Lexington Avenue trail. Mr. Danielson recommended that city staff be authorized to conduct an informational meeting with the neighbors be held on July 20 at 6:30 p.m., prior to the regular City Council meeting. Councilmember Dwyer moved to direct staff to conduct an informational meeting for the neighborhood interested in the Lexington Avenue trail on July 20, beginning at 6:30 p.m. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 COUNCIL WORKSHOPS Council acknowledged a memo from Public Works Director Danielson regarding scheduling Freeway Road and Comprehensive Plan workshops. Administrator Batchelder informed Council that Mayor Mertensotto and Councilmember Huber had indicated that either June 8 or June 10 would fit their schedules. Mr. Grittman, from Northwest Associated Consultants would be available to do a comprehensive plan presentation on June 10. Mr. Fefercorn is not available during the second week in June but would be available for a workshop anytime during the rest of June. Several,members of Council indicated that they would not be available on June 8 or 10. Councilmember Schneeman moved to conduct a comprehensive plan workshop with Mr. Grittman on June 9. Councilmember Dwyer seconded the motion. Ayes: 3 Nays: 0 COUNCIL COMMENTS Councilmember Dwyer stated that different age groups use the fields at Mendakota Park but there are no receptacles available for the bases at 60 feet and 90 feet, which presents a safety problem because the bases have a stem and when children slide into a base, the stem is exposed. He asked if additional receptacles can be installed or if a better solution may be to go back to bases that move away when players slide into them. Page No. 12 May 18, 1999 Public Works Director Danielson stated that he would check with the park maintenance staff and report back. Councilmember Schneeman informed the audience that the city's appliance pick -up day is scheduled for May 24. Acting Mayor Krebsbach thanked the city staff members who worked at the Spring Clean -up event. Assistant Hollister gave Council a brief report on the Spring Clean- Up and expressed his appreciation to Mayor Mertensotto for helping at the event as well as city staff members, and especially Nancy Bauer, who worked six to eight hours at the event. Police Chief Johnson informed that the Police Department bicycle patrol will be kicked off this weekend with a bicycle rodeo at Somerset School. Assistant Hollister introduced Recreation Programmer Mary Hapka to the Council. Acting Mayor Krebsbach announced the dates of the DARE graduations. Councilmember Dwyer announced that the Sibley Area 12 year old girls team won first place in their tournament. ADJOURN There being no further business to come before Council, Cduncilmember Dwyer moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 9:09 p.m. athleen M. Swanson City Clerk