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1998-10-20 Council minutesL I I �-11 ky.1% y PKIJ NO 111011011 1 A Minutes of the Regular Meeting Held Tuesday, October 20, 1998 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, and Smith. Councilmember Krebsbach was excused. AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Dwyer moved approval of the minutes of the regular meeting held on October 6, 1998 as amended on Page 14, Paragraph 9, change "split base block" to "split face concrete block. " Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained herein. a. Acknowledgement of the September 9 Airport Relations Commission Minutes b. Acknowledgement of the Treasurer's Report for September C. Approval of RESOLUTION NO. 98-76, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR Page No. 2 October 20, 1998 IMPROVEMENT NO. 96, PROJECT NO. 41' (Tilsens Highland Heights) d. Approval of RESOLUTION NO. 98-77, "RESOLUTION DECLARING OCTOBER 18-24 AS DAKOTA COUNTY WATER RESOURCES AWARENESS WEEK" e. Approval of RESOLUTION NO. 98-78, f. Approval to Reschedule the Starting Time for the November 3, 1998 Meeting to 8:00 p.m. 9- Approval of the List of Contractors h. Approval of the List of Claims i. Approval • RESOLUTION NO. 98-79, "RESOLUTION REQUESTING AN EXTENSION OF TIME FOR THE COM[PLETION OF THE M1 OTA HEIGHTS COMPREHENSIVE PLAN" j. Approval to Not Waive Insurance Coverage k. Approval of Sign Permit Request for Mendakota Animal Hospital - 1938 Dodd Road 1. Approval of RESOLUTION NO. 98-801 "RESOLUTION SUPPORTING A CENTRAL LOCATION IN NORTHERN DAKOTA COUNTY FOR THE COUNTY'S NEW NORTHERN SERVICE CENTER" Councilmember Smith seconded the motion. With respect to Item "k", Mr. Tom Ketke, the former owner Page No. 3 October 20, 1998 of the Mendakota Animal Hospital, pointed out the applicant leases this space and does not own the building. He questioned whether the applicant would be permitted to construct such a sign. Mayor Mertensotto explained the sign request has met the code requirements and gained the approval of the code enforcement officer. Councilmember Dwyer stated the applicant has represented to the City he has the right, under his lease, to put up the sign. Commissioner Bataglia was in attendance and addressed Item "1" explaining a workshop was held at which time the Board narrowed down the potential departments to be located in the Northern Service Center, however, the final site for that center has not yet been determined. There are six sites which are currently available, two in South St. Paul, two in West St. Paul and two in Inver Grove Heights. There is a possibility that a transit hub could be co- located at two of the sites. A final site selection will be made at a County Board Administration Finance Policy Committee Meeting to be held on November 3, 1998, and will be finalized on November 17, 1998, at the regular County Board meeting. Mayor Mertensotto felt the residents of Mendota Heights would be best served by utilizing a closer transit site such as Robert Street. He asked that the County Board give careful consideration to relocating this Center at a location in West St. Paul. Ayes: 4 Nays: 0 1 t PRESENTATION REVIEW AND APPROVAL Council acknowledged the memo of James Danielson, Public OF I -35E REPLACEMENT Works Director relative to the review and approval of the BRIDGE plans for the I -35E Replacement Bridge. It was noted the I -35E bridge located over the Mississippi Page No. 4 October 20, 1998 River has serious structural deficiencies and needs replacement by 2003. Over the past year, MNDOT has been working with the communities abutting the bridge to develop a design. While some St. Paul residents desire MNDOT to construct the narrowest bridge possible, many residents want the bridge to be wider which would make it safer and better able to accommodate projected future traffic. MNDOT has now approved a plan for replacing the I -35E bridge. The planned bridge is a wider design which includes two 12 -foot wide through lanes going each direction, 12 -foot wide auxiliary lanes connecting TH 13 and Shepard Road, 10 -foot wide shoulders and a 12 -foot wide trail. This plan has been approved by Lilydale and the City of St. Paul is currently considering it. Mukhtar Thakur and Larry Phillipp, MNDOT's Bridge Designers, were in attendance to explain the details of their plan and answer any questions. Mr. Thakur anticipates construction will commence in the spring of 2001 and be completed in 2003. He pointed out a 12 -foot wide trail on each side of the bridge has been incorporated into the plan at the request of residents at each end of the bridge. Mr. Thakur explained MNDOT will pay for the cost of the trail. Mr. Thakur explained the design being presented has been approved by MNDOT staff and at this time, MNDOT has begun the development of the final plans. Mayor Mertensotto inquired whether any changes which are made to this preliminary plan would come back before the Council for approval. Mr. Thakur responded that any significant change in the design will be brought back for approval, however, minor changes such as geometric changes which would not impact the operational capability of the bridge would not be returned for approval. Changes such as reducing the shoulder to eight feet or eliminating the auxiliary lanes would be returned for approval. Mayor Mertensotto felt these would be significant changes since Page No. 5 October 20, 1998 they would affect the functional aspect of the bridge. Commissioner Battaglia pointed out she had been unaware of changes which had been made to Alternative No. 4. She stated the County was very supportive of Alternative No. 4 and very pleased with MNDOT's work with residents on both sides of the river and trying to incorporate a plan for the future. Commissioner Battaglia explained the future use of shoulders for traffic is not possible with 10 -foot shoulders. She stated the County Board will be discussing the future of the bridge given the 10 -foot shoulders. Commissioner Battaglia expressed concern the 20 -year future of the bridge does not incorporate all of the transit plans which the County is attempting to facilitate. She also expressed concern relative to emergency vehicles utilizing a 10 -foot shoulder versus a 12 -foot lane. Commissioner Battaglia also raised the issue of snow piling up at the ends of the bridge which could be detrimental to traffic flowing freely. Councilmember Dwyer asked what the incremental cost would be to increase the outside lanes to 12 feet rather than 10. Mr. Thakur stated he was unsure, noting the cost of the project will be between $27 and $28 million. In light of this, he did not feel increasing the shoulder width would be a significant expense. Mr. Thakur explained the overall planning document which is utilized by MNDOT is a document which has been accepted by the Metropolitan Council. He pointed out there is no Metropolitan Council plan which anticipates a corridor for light rail transit on this bridge in the 20 to 40 year planning period. The planning document indicates the goal is to increase and improve the capacity on the corridor from 110 to Highway 5. MNDOT will revisit the issue of the expansion of the corridor between 2010 and 2015 with a view to improving Page No. 6 October 20, 1998 the overall transportation of this corridor. With respect to the width of the shoulders, Mr. Thakur explained 10 feet is consistent with what has been done on other bridges. Other bridges in the metropolitan area do not have 12 foot shoulders. He stated from discussions with the State Patrol and other agencies, 10 -foot shoulders are comfortably acceptable for incident management and support of stranded motorists. Mr. Thakur stated snow will be hauled out of the area and therefore a pile up would not be created. These plans represent a substantial improvement to the bridge which currently exists. Mayor Mertensotto stated he would like to defer consideration of this issue until such time as the County receives a response from MNDOT relative to some concerns which were raised. Commissioner Battaglia explained the County Board has sent comments to MNDOT relative to the trail and the shoulders. She stated she would like to hear responses to' the issues which were raised by the County Board of Commissioners. Commissioner Battaglia stated she is looking to the future and considering the plans of the County relative to assisting the region, getting people out of cars and into transit ways. Mr. Thakur stated use of the shoulders as an area of significant traffic flow would not be possible for a number of reasons, one which would be drainage of storm water. He explained MNDOT has visited with many communities relative to the plan and is very committed with trying to obtain the best community consensus possible. The plan has received MNDOT staff approval and, therefore, MNDOT is proceeding given the fact that many of the affected cities have given their approval. The next MNDOT meeting will be to address the aesthetics of the bridge. Councilmember Smith asked whether any changes will be made to the plan since it is evident this plan has been approved. Mr. Thakur acknowledged this and explained this Page No. 7 October 20, 1998 plan has been developed over the past 18 -month period. Any changes at this point would be very expensive to implement. Councilmember Smith questioned if it is, in fact, immaterial whether or not the Council approves the resolution. Mayor Mertensotto did not feel this to be the case. Mr. Thakur explained MNDOT is seeking approval from Lilydale, St. Paul and Mendota Heights and, while MNDOT would prefer not to make unilateral decisions, if it becomes necessary, this will be done. Mr. Thakur explained the proposed design has tremendous flexibility which will accommodate reasonable expansion and relieve congestion and pressure. Mr. Phillipp explained the shoulder could not be used as a traffic lane. All storm water will be carried down the shoulders rather than utilizing an under bridge hydraulic system. He pointed out it would be possible the shoulder could have seven to eight inches of water in it at one time. Commissioner Bataglia stated it would be negligent for Dakota County not to go on record supporting what it is doing in terms of promoting transit, transit hubs and the service lane for bus transit when coming down the Highway 13 ramp onto this bridge. Anything coming from Dakota County on becomes a hindrance for the traffic and creates an unsafe condition. Commissioner Bataglia stated Dakota County is the third largest county in the state and is expected to be second largest county between 2010 and 2020. Tom Koepke, 539 John Street, did not feel residents from Mendota Heights and West St. Paul would be utilizing bus service. He referenced the Wacouta Bridge from South St. Paul to Newport and stated congestion remains in this area. Mr. Ketke stated he would hope this bridge would relieve the bottle neck conditions on the 35E bridge. Ayes: 4 Nays: 0 IWAL11 1 I1 I ,� �, I � Me 1 Page No. 8 October 20, 1998 Mr. Thakur stated this design will not relieve the bottle neck problem as residents would probably like to see, however, it will offer a number of other safety improvements, enhancements and operational flexibilities. Larry Craggin, Mendota Heights, expressed concern MNDOT should be looking at transit very carefully and suggesting to people there is a need for more busses and means to eliminate congestion by alternative methods rather than building a new bridge. Mayor Mertensotto stated he would like to support Dakota County in receiving a response back from MNDOT on the issues they have raised. Councilmember Dwyer moved tabling consideration of this matter to the November 3, 1998, meeting of the City Council. Councilmember Smith seconded the motion. Council acknowledged the memo of James Danielson, Public Works Director, relative to Mr. Mathern's Letter of Credit. It was noted the Council has reviewed Mr. Mathern's lack of progress on correctly completing his landscaping work at Mendota Meadows. Mr. Mathern has informed the City how far he intends to go with his corrective actions relative to Mr. Uban's inspection report and is now requesting the City release his Letter of Credit after the corrections have been completed. Several homeowners have expressed their dissatisfaction and frustration with Mr. Mathern and have asked the City not release the Letter of Credit, but utilize the funds to make uncompleted landscape corrections. Mayor Mertensotto explained the City will go through and DISCUSS REQUEST FOR STOP SIGN Page No. 9 October 20, 1998 determine the deficiencies and put the contractor on notice that he has a given period of time in which to complete the work. Councilmember Dwyer noted the residents were concerned the Letter of Credit not be released until the corrections have been completed. Mayor Mertensotto stated this position will stand at this point and the City will not be acting on the request of Mr. Mathern to release the Letter of Credit. Attorney Hart explained the Letter of Credit rolls over each month as it expires for an additional 30 days. If the bank takes steps to terminate the Letter of Credit and the City is not satisfied that the landscaping requirements which have been fulfilled, the City would then take steps relative to the Letter of Credit. The bank would be required to give the City proper notice concerning the termination of the Letter of Credit. Council acknowledged the memo of Marc Mogan, Civil Engineer, relative to the contractor's request to resolve the concrete curb and gutter damage charges in conjunction with the Bunker Hills Reconstruction Project. Mayor Mertensotto explained approximately 40 percent of the 18,000 feet of curb which was installed was damaged and there is a question relative to the extent the City is entitled to an adjustment for the damaged curb. Mayor Mertensotto stated this matter will be referred to City Attorney Hart for his opinion relative to alternatives which are available such as Alternative Dispute Resolution and arbitration. Council acknowledged the memo of James Danielson, Public Works Director, relative to a request which was received to install stop signs at Evergreen Knoll and Wachtler Road. Chief Johnson was in attendance and explained residents of Evergreen Knolls and Wachtler Road are requesting the installation of stop signs. He stated it would improve the safety of the intersection to install stop signs on the i Page No. 10 October 20, 1998 Evergreen Knolls /Deer Trail Point intersection with Wachtler Road. Don Peterson, 790 Evergreen Knoll, was in attendance and explained given the number of children in the area and the existing traffic flow, it would be reasonable to request stop signs in this area. Mr. Peterson spoke with neighbors on Deer Trail Point and Wachtler Road and they were in agreement with this request. Mayor Mertensotto warned there may be a false reliance from the south on Wachtler road because of the two stop signs. Tim Sexton stated he lives across the street from Mr. Peterson. He also noted his agreement with the request pointing out the limited sight distance to be a major concern. Tom Ketke inquired why a four way stop is not being utilized. Chief Johnson stated if too many stop signs are place, they are ignored, thus defeating the purpose. The primary function would be to regulate the flow of traffic and not necessarily the speed. Councihnember Smith moved adopting ORDINANCE NO. 3239 "AN ORDINANCE AMENDING ORDINANCE NO. 1113 ". Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 DISCUSSION ON Council acknowledged a memo from Police Chief Johnson PROPOSED ORDINANCE - relative to a proposed Ordinance allowing for the ALLOWING FOR THE dissemination of Minnesota Criminal History Data. DISSEMINATION OF MINNESOTA CRIMINAL Chief Johnson explained criminal history data information HISTORY DATA is available to Children's Service Providers through the Minnesota Bureau of Criminal Apprehension. The Mendota Heights Athletic Association is a Children's Service Provider. The BCA would charge the Children's Service Provider a fee of $8.00 per inquiry on each individual. It Page No. 11 October 20, 1998 was originally anticipated that such a charge would be added to the fee to participate in organized sports sponsored by the Mendota Heights Athletic Association. The Mendota Heights Police Department can access such criminal history data via the State computer terminal at the police station. There is no additional fee charged to the City for the Children's Service Provider to do so. Mayor Mertensotto stated he was initially concerned with charging the athletic association $8.00 per inquiry. He stated he is happy to learn this is not necessary. Mayor Mertensotto suggested adding "Section 3. Service Charge. The City may, at its discretion, adopt a policy to evoke a service charge for providing this information. " This would be a pass through charge in the event the BCA would begin to require a fee from the police department. The inquiries will continue to be completed by the police department at no charge until such time as the BCA would impose a charge. Attorney Hart noted his agreement. Councilmember Dwyer moved adopting ORDINANCE NO. 324, "AN ORDINANCE ALLOWING FOR THE DISSEMINATION OF CERTAIN MINNESOTA CRIMINAL HISTORY DATA ON PROSPECTIVE CITY EMPLOYEES AND CHILDREN'S SERVICE PROVIDER EMPLOYEES AND VOLUNTEERS ", to include "Section No. 3. Service Charge. The City may, at its discretion, adopt a policy to evoke a service charge for providing this information. " Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Smith commented on the watermain break in the Hampshire area over the weekend stating she has received inquires from a number of residents relative to the completion of road repairs. Mr. Danielson stated it is anticipated the repairs will be completed within another day. Page No. 12 October 20, 1998 Councilmember Smith noted the St. Paul Water Utility and the Mendota Heights Public Works Department and the Mendota Heights Police Department were very responsive to this situation. Councilmember Dwyer introduced James Betz, a freshman from Sibley High School, who was in attendance to monitor the meeting as a part of a government class. ADJOURN There being no further business to come before the Council, Councilmember Huber moved to adjourn the meeting. Councihnember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:05 p.m. K thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor