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1995-12-19 Council minutesPage No. 1 December 19, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 19, 1995 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, 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 Koch, Krebsbach , Huber and Smith. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the November 21, 1995 regular meeting as amended. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Huber moved approval of the minutes of the December 13, 1995 Truth In Taxation subsequent hearing. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 Abstain: 2 Koch Krebsbach CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, revised to move items 1, MSA highways, and m, T.H. 110 Frontage Road update, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for November. b. Acknowledgment of the minutes of the December 12, 1995 Park and Recreation Commission meeting. Page No. 2 December 19, 1995 c. Acknowledgment of the Fire Department monthly report for October. d. Acknowledgment of the Fire Department monthly report for November. e. Adoption of Resolution No. 95 -71, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON - ORGANIZED EMPLOYEES TO REFLECT A THREE PERCENT ANNUAL ADJUSTMENT FOR 1996," and Resolution No. 95 -72, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR 1996 AND ESTABLISHING CERTAIN OTHER BENEFITS." f. Adoption of Resolution No. 95 -73, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IVY FALLS CREEK RESTORATION (IMPROVEMENT NO. 91, PROJECT NO. 16)." g. Authorization to execute amendments to the Joint Powers Agreement for 1996 Funding for the Dakota County Community Landfill Program. h. Approval for the Police Department to purchase two heart-start portable defibrillator devices from surplus 1995 budget funds. i. Approval for the Police Department to purchase sixteen Motorola GP portable radios for Police Department use for $12,736.00. j. Approval to establish an Equipment Reserve Fund for future purchases, with a transfer of $25,000 from the 1995 General Fund surplus. k. Approval to purchase twelve sets of personal protection equipment for the Fire Department from Danko Emergency Equipment for its low bid price of $731.00 per set.. 1. Approval of the List of Claims dated December 19, 1995 and totaling $271,020.43. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 3 December 19, 1995 PRESENTATIONS Mr. Nigel Finney, MAC Deputy Executive Director for Planning and Environment, was present to give Council and the audience a presentation on the Dual Track Airport Planning Process and the associated draft Environmental Impact Statement. Mr. Finney discussed the requirements of state statute and gave an overview of the Executive Summary of the EIS. Mr. Finney gave a slide presentation giving an overview of what has happened since 1989. He informed Council that if the statute which directed the dual track process remains in place, MAC will be making a recommendation to the Legislature in July of 1996. Mayor Mertensotto asked about noise mitigation estimates. Mr. Finney responded that the MAC is currently working with the communities adjacent to the airport to come up with a noise mitigation plan and hopes to have the cost information available when the recommendation goes to the legislature. Mayor Mertensotto stated that the currently information was that it will cost twice as much to change if the mitigation factor has not been included in the equation. I Councilmember Smith stated that she did not have information on what the components were in the cost figures, but re -use of the existing facility is not included either, and it is entirely possible that there would be some revenue derived from reuse. Mr. Finney agreed, but stated that MAC has not made an attempt to allocate either any costs or any revenues from the existing site for a couple of reasons. He explained that the ability of the metropolitan area to absorb that much acreage into its base is really uncertain at this time so it is not known how quickly the property could be sold and developed. He stated that at this time it has been assumed that it is a revenue neutral issue. There will be some costs associated with demolition of the existing facilities and some revenues derived, but they will probably offset each other in the long run. Councilmember Krebsbach asked about increase to the tax base. Mr. Finney responded that has not been factored in yet, as the existing airport is not part of an existing municipality and there would have to be legislative action to decide how to handle it in the event there was a decision made to move the airport and redevelop Page No. 4 December 19, 1995 the site. He stated that the airport is part of Hennepin County but not part of any city. Councilmember Smith stated that an extension to the question is increase in the tax base because there would not be a depression in market values because of air noise. Mr. Finney responded that the MAC has tried to look at that over the years but has not come up with any clear indication as to what extent there is any impact on market values of properties. Councilmember Krebsbach pointed out that in his presentation Mr. Finney has spoken about taking intuitive findings and turning them into statistics. Mr. Finney responded that he feels there is a difference between an intuitive finding that can be quantified and documented as opposed to impact on property values. He stated that there has never been a court finding that there is an impact of values. Councilmember Krebsbach stated that she is talking about the other way - an intuitive finding on what increased tax value might be. Mr. Finney stated that where that revenue would be allocated (the legislature would have to make a decision on how to allocate the revenue), and the extent to which development would occur are open questions at this time. Councilmember Krebsbach stated that she would like Mr. Finney to look at it as an intuitive finding. Mr. Finney suggested that Council could raise the question as part of its response to the EIS if it so desires. He stated that the purpose is to let Council know what is in the EIS and if it feels something is missing or issues are not addressed, Council has the opportunity to make those comments. He further stated that the comments have to be addressed in the final EIS document. Councilmember Smith stated that she noticed that projections are relatively flat for the next 25 years and that she can hypothesize that flights will likely take on more passengers per flight, which is why it has flattened out. Page No. 5 December 19, 1995 Mr. Finney responded that there are really two issues. There is an assumption inherent in the forecast that as time goes on the size of the aircraft fleet will increase. For example DC =9s, with a capacity of about 100 passengers will be replaced by an A -320 sized aircraft which has a capacity of 128 to 130. There are also assumptions about the load factor for each flight, which drives the number of aircraft operations. Regarding noise abatements on the flights, he stated that early in the process staff was directed to look at potential changes in aircraft technology that might affect the process. He explained that engineers from Boeing and McDonald Douglas were contacted, and their indications were that the aircraft which are around today (the 757's and A320's) will be around during the planning process, and there would need to be some significant change in technology to allow aircraft engines to get much quieter than they are today. Councilmember Smith stated that Mr. Finney showed a slide on the amount of waiting time for aircraft, and while the waiting time at a new airport would be relatively small, with the addition of one runway at the existing airport it about halved the current waiting time. She stated that they were divergent curves that fanned out, and operations at the airport will not quit in 2020, so there will still be a major delay even given the modest projections. She asked what the plans are for dealing with waiting time at that time. She further asked if there will be a periodic review. Mr. Finney responded that there is an artificial limit of 30 years placed on the process, so there has been an attempt to project out to 2020. He stated that the Commission has taken the direction, based on the legislation, to stop the analysis at 2020 and to look at the flexibility of either one of the alternatives to accommodate continued demand. He felt that at the existing site as demand goes beyond the 520,000 operations forecast in 2020, the delay will grow rapidly and a second runway would have to be built by the time operations reach 600,000 per year. If the new airport were constructed, the delay line stays much flatter and does not grow anywhere nearly as quickly. Councilmember Smith stated that one of the astounding things in the study is that the new airport site is about 14,000 acres, and it is expected that the 3,000 acre existing airport will perform as well. She asked if the same criteria was used for the Dakota County site were used to assess other potential sites and the existing airport site. Page No. 6 December 19, 1995 Mr. Finney responded that the same criteria were used. He also responded that what the analysis has shown is that the existing site can be developed to accommodate the level of demand that is anticipated for the future at delay levels about what they are today. He further stated that the consequence of retaining the existing airport is accepting some additional delay for every aircraft operation and there is not a configuration that works as acceptably as the new airport at getting aircraft into and out of the airport. He pointed out that there are trade -offs which the MAC and Metropolitan Council must consider before making their recommendation to the legislature. Councilmember Smith stated that she feels that there were other sites that would complement the criteria to a greater extent than the one that was selected. Councilmember Krebsbach stated that her biggest concerns are noise abatement and the governance issue. She was concerned over MAC's ability to regulate the airport and very concerned about the representation on the MAC. She listed the communities where the MAC Commissioners reside, pointing out that the individual who represents Mendota Heights resides in Apple Valley and many of the other Commission members are from outstate and northern suburbs. She pointed out that Mendota Heights takes 65% of the flights and stated that she would like to see some evidence of MAC representing the communities impacted by the airport. She also wanted to see much more evidence of MAC regulating the airport in terms of the stage aircraft, flight patterns and times of flights. She asked if there are any other airports in the U.S. or the world which are downtown airports in terms of a similar number of take offs and landings, comparable number of flights and stage two aircraft, and with so many neighborhoods impacted by the airport operations. She stated that she is an advocate of preserving the natural character of the city of Mendota Heights, and asked what in policy would protect Dakota County farmland. Mr. Finney stated that protection of farmland is included in the Metropolitan Council's Development Guide and each of the townships have adopted 40 acre homesite minimum requirements. He explained that a significant portion of the Dakota County airport site is in agricultural preserve status now and will be for some time, but there is no long term guarantee that there will not be expanded development in the future. Page No. 7 December 19, 1995 Councilmember Krebsbach asked if any thought has been given to impact on affordable housing. Mr. Finney responded that there were evaluations done as part of the environmental process, looking at it in terms of environmental justice the findings were that there was not any disproportionately high impact on low income housing. Mayor Mertensotto stated that there have been a number of court cases nationally and a number of studies have been made as far as the decrease in market value from aircraft noise Mr. Finney responded that the FAA has endorsed and carried out studies and has found that there has been some impact but the impact differs and cannot be applied generally to communities. He stated that Minneapolis has begun studies to see if there is impact and they are seeing that there may be a one to two percent difference in appreciation in property values. . Mayor Mertensotto stated that one of Council's major concerns is the north parallel runway. He stated that the north parallel runway points directly at Mendota Heights and would be devastating to the city and to Sunfish Lake and West St. Paul as well. He pointed out that Council cannot be sure that the north/south parallel will not be built, particularly if the activity at the airport increases to 600,000 operations and a new runway will be needed, and asked how Council can address the issue at this time. He stated that the MAC is now trying to keep everything south of T.H. 110, but a north parallel would bring flights right over the heart of the city. He pointed out that the city cannot rely that the north/south runway will not be built and he was concerned that if Bloomington and Richfield get their way, there may be a shift to construction of the north parallel prior to or in advance of the Cedar Avenue runway. Mr. Finney responded that there are really two issues, the north parallel runway versus the north/south runway, and the north parallel runway. He stated that the north/south runway is included in the recommendation that MAC will make to the Legislature and it would have legislative endorsement. The recommendation will not include the north parallel runway to the extent that the north parallel runway is not shown on the development plan. He explained that the north parallel runway is in response to continued demand if the airport stays where it is, and the issue will have to be addressed by the MAC as it struggles with its decisions. Page No. 8 December 19, 1995 Mayor Mertensotto stated that the noise contours are not indicative of the noise levels on the ground. Mr. Finney stated that he agrees with Council on DNL 65, but DNL 60 is more representative of what the cities feel the impact is. He stated that while it has taken a long time, even the FAA has come to the conclusion that a line can not be drawn where one side of a block is impacted and the other is not. He felt that the agencies are slowly coming to a realization that they may have to go beyond DNL 65 as it relates to noise mitigation in the future. Mayor Mertensotto responded that he cannot conceive that MAC can continue to use the same flight patterns all the time and say it is the best they can do. He informed Mr. Finney that Council is looking for an equitable distribution of air noise and the constant repetitive over flights. He stated that many people built homes in the south area of the city in the 1950's and 1960's when runway 11 L was only a taxiing use, and there was no dual operation. He felt that it is not fair to say to those people that they knew the airport was there when they built. Councilmember Smith stated that she noticed that under economic impacts in the study it is stated that noise mitigation will cost $1 million for the new airport and $13 million for MSP. She did not think the report adequately addresses the issues nor does it state in strong enough terms what the impact would be. She also asked about expanded parking for MSP maintenance operations. Mr. Finney responded that the statement relates only to sound insulation. Regarding parking expansion, he stated that if one were to compare the number of parking spaces to the number at comparable airports, it would be much higher because there is a maintenance facility at MSP. He stated that Northwest Airlines has indicated that if a new airport is built it will not relocate its maintenance operations to the new airport. He stated that this would cut 11,000 jobs at the new airport, and the indication is that those jobs would be moved out of the state. Councilmember Krebsbach stated that her issue is with regulation of the MAC. She further stated that the country is moving into an era of competition between "city- states" and asked if either the existing or new airport would be world -class facilities. Mr. Finney responded that in his opinion both facilities are world class. He stated that MSP has as good air access to the country as Page No. 9 December 19, 1995 any hub airport in the U.S. He further stated that there are other airports that have more significant international activity, but he believes some of that will change over the coming few years as flights to Germany and Canada are added at MSP. Airport Relations Commission Chair Scott Beatty stated that on the drawings the DNL 65 contour looks like it goes much farther out than the commission has ever seen. He noted that DNL 65 has normally been at about I -35E, but on the year 2000 drawings, it is farther out, which is in contrast to what has been said about Stage 3 aircraft shrinking the contours. Mr. Finney responded that the outer west contour is actually at LDN 60 on the drawings, and LDN 65 ends just about at the intersection of I -35E and I -494. He stated that this is the year 2005 contour which assumes an all Stage 3 fleet. Councilmember Smith stated that Mr. Finney has indicated that the airport is becoming more sensitive even to the DNL 60 contours, and asked how that will benefit Mendota Heights. Mr. Finney responded that he thinks there is an attempt to put 1 together a package of noise mitigation measures that is intended to focus beyond the DNL 65 contour. He further stated that he believes funding for sound insulation will extend to DNL 60. Councilmember Krebsbach asked if there has been any discussion about the five generations of people not having access to the confluence of the Minnesota and Mississippi Rivers. She stated that the whole river valley is impacted by the noise which cannot be mitigated and those who wish to walk the valley. Mr. Finney responded that the issue has never been raised by the DNR or any other agency. Airport Relations Commission member Dave Olson stated that he is concerned about cargo operations. He asked if night flights by cargo operators will increase if the airport does not move. Mr. Finney responded that MAC looked at air cargo activities and anticipates rapid growth in the small package carriers, which appear to be accommodating those increases by using larger aircraft. He stated that there is currently an agreement that cargo carriers operate before 11:00 p.m. and if they have any flights after that time they must use Stage 3 aircraft. He stated that UPS and Page No. 10 December 19, 1995 FedEx have all Stage 3 aircraft in their fleets at this time and by 1999 all cargo carriers must use Stage 3 aircraft or they will be out of business. He further stated that MAC is continuing to develop the reliever airport to help handle the private plane operations. Mr. Finney informed Council that it has until February 13 to submit written comments on the EIS. Mayor Mertensotto expressed Council's appreciation to Mr. Finney for his presentation. SENIOR HOUSING Ms. Kari Gill, Deputy Executive Director of the Dakota County HRA, was present to request Council approval of a cooperation agreement relative to the proposed senior housing project. She explained that 40 of the 65 units proposed will be available for low to moderate income seniors, and the remaining 25 units will be available on a market rate basis for seniors with higher income levels. She stated that the county board recently approved a bond sale for the project and hopes to complete site acquisition this winter. She informed Council that she plans to appear before the Planning Commission in January to request rezoning and other planning approvals, and if all approvals are granted, construction on the project could begin in June. Mayor Mertensotto asked if the HRA will be petitioning for public improvements. Public Works Director Danielson responded that any improvements to the property will likely just benefit the property, including extending South Plaza Drive, and extension of the sewer and water system just to the HRA project, and these are anticipated to be done as part of the HRA project itself. Mayor Mertensotto stated that the city normally prepares engineering studies and contracts for improvements. He asked if this project would differ from the norm. Mr. Danielson responded that the last discussion with the HRA on improvements was that, because all of the costs will be borne by the HRA project and there will be no assessments, the HRA would do the engineering and contract for construction. Ms. Gill stated that the HRA would be agreeable to whatever the city wishes, either engineering, contracting and construction by the HRA or the city. Page No. 11 December 19, 1995 Mayor Mertensotto stated that he would prefer to follow normal procedures. He asked if the cooperation agreement is a standard agreement. Ms. Gill responded that the agreement is standard, and there are seven buildings which have been constructed under the agreement. She stated that the bond sale for the project will occur on December 20. Ms. Gill reviewed an architectural rendition of the project and stated that the exterior of the three -story structure will be brick and siding. Mayor Mertensotto informed Ms. Gill that Council does not want to set a precedent on the building height. Councilmember Krebsbach stated that she thought there would be more leeway in the design, such as a two story structure. After discussion, Councilmember Huber moved to approve the proposed cooperation agreement and authorize its execution by the Mayor and Interim City Administrator. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 95 -26, Council acknowledged a memo from Public Works Director CONWAY Danielson regarding continued discussion on the landscape plans for the Conway three season porch at 2288 Apache Street. Council also acknowledged a memo from the City Planner. Mr. & Mrs. Conway were present for the discussion. Mayor Mertensotto stated that he is not happy to see that the neighbor has requested a seven and one -half foot fence along the full property line. Mr. Conway responded that he and his wife do not want the fence either. Mayor Mertensotto stated that what is appropriate is screening for about 24 feet, along the east property line, so that the porch would be screened from the view of the neighbor. He stated that the City Planner recommends that the Conways plant six three -foot shrubs along the property line Page No. 12 December 19, 1995 Mr. Conway stated that he agrees with the recommendation, and while he has not received written quotes from landscapers yet, he has contacted landscapers and he will accept the recommendation. He stated that the Planner recommended either amur maple or red twig dogwood. He further stated that he would prefer to plant dogwood, which would grow to a maximum of eight feet tall, which is what Mr. Greenberg has been talking about for screening height. After discussion, Councilmember Huber moved to require the planting of six plants, three feet in height, and all of the same type, either amur maple or red twig dogwood, whichever the applicants select, to be evenly spaced across twenty -four feet along the easterly property line to screen the three- season porch from the view of the Greenberg property. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 BALL FIELD USE Council acknowledged a memo from Interim Administrator Batchelder regarding Mendakota Park field scheduling for softball and baseball use. Council also acknowledged a letter and baseball needs from the Mendota Heights Athletic Association (MHAA) and information on softball league scheduling needs and team composition. Interim Administrator Batchelder stated that he was contacted by MHAA and softball team representatives saying that they would not be present and that they have reached agreement for 1996 scheduling. Mayor Mertensotto stated that he does not think Council should take any action this evening other than to set a joint meeting between Council, the Park and Recreation Commission, and representatives of the MHAA and softball teams. He stated that a joint meeting has been recommended for January 9, in conjunction with the Park and Recreation Commission meeting. He felt that it would be best if the Commission would conduct its scheduled business first, starting at 6:30 p.m., and that the workshop be conducted at 7:30. Councilmember Huber moved to conduct a joint workshop with the Park and Recreation Commission, Mendota Heights Athletic Association and softball representatives and any other interested individuals at 7:30 p.m. on January 9 in the Council Chambers. Page No. 13 December 19, 1995 Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 IVY FALLS CREEK Council acknowledged a memo from Public Works Director OUTLOT Danielson regarding a request from Mr. Jack Brassard. President of the Ivy Falls Home Owners' Association, that the city accept title to the "common property" owned by the Association along the Ivy Falls Creek. Council also acknowledged receipt of a letter from the Association and a proposed deed to Outlots B and C of the Ivy Falls 2nd Addition. Mr. Brassard was present for the discussion. Mayor Mertensotto expressed concern that the deed states that the grantee acknowledges that the property abuts residences and use of the property for trails, recreational purposes, etc., would be disruptive. Mr. Brassard stated that the Association would agree to removing the clause to which the Mayor referred. Mayor Mertensotto asked why it is proposed that the deed be by Quit Claim rather than a Warranty Deed. City Attorney Hart agreed that the deed should be a Warranty Deed. Mayor Mertensotto stated that he does not see where anything will change except that the Association is now carrying insurance and paying taxes on the property. Mr. Brassard responded that before the storm sewer improvements and creek improvements were constructed the Association carried about $500,000 of insurance because the Association was protected by state law which established an insurance cap if there was no improvement to a natural waterfall in any way. He stated that since the improvements have been constructed, there is no longer any protection under state law and the Association will need to acquire a much larger insurance policy. Mayor Mertensotto stated that the home owners are calling the Police Department now when there is a problem, and the city will do no more in terms of policing than it currently does. He stated that the creek is part of a city drainage system, and if the city held ownership of the outlots it could install no- trespassing signs and have more control that if the property were privately owned. He Page No. 14 December 19, 1995 felt that city ownership of the property is appropriate, but pointed out that it is anticipated that the residents will not build anything or put any structures on the property. He asked if all of the conflicts within the Association have been resolved. Mr. Brassard responded that he has received a letter from Mr. Ellis Abramson that he did not like the creek improvement or turning the land over to the city. He stated that the Association took a vote among its 102 members, and the bylaws require that 2/3 of the membership vote in favor of disposing of the land. He informed Council that more than 2/3 of the membership have voted in favor of the proposal, and although five members have indicated that they oppose it, there are possibly 14 who are opposed. He explained that any of the members have relief under the bylaws to challenge the property transfer. Mayor Mertensotto stated that Council will not take action on the matter this evening. He pointed out that the city will not give any different service to the Association than it currently receives and nothing will change if the transfer occurs. He asked Mr. Brassard to have the deed revised to eliminate the clause about use of the property and to change it from a Quit Claim deed to a Warranty Deed. Attorney Hart stated that there should also be a reversionary clause in the deed should there be a controversy in the future about whether the city violates the conditions of the deed. COTTAGE Council acknowledged a memo from Public Works Director DEVELOPMENT Danielson regarding a request from Mr. John Arkel, Cottage Development Company, for a pre - application conference to discuss the possibility of constructing cottage townhomes on tax forfeited lots 1 through 4 of the Yorkton Centre Pointe South plat. Council also acknowledged receipt of information from Cottage Development. Mr. Arkell and Mr. Volkstrom, the project architect, were present for the discussion. Mr. Arkell stated that he would like to develop a site in Centre Pointe South adjacent to Resurrection Cemetery. He explained that the site is 240 feet deep, which is difficult for commercial development but ideal for townhouses. He stated that he proposes 72 units on the lots, 6 units per acre. Mr. Volkstrom stated that it is proposed to construct a number of berms around the buildings to make them look more residential, Page No. 15 December 19, 1995 with pines planted on top of the berms. He stated that each driveway entrance would have boulder walls. Mr. Volkstrom reviewed the site plan, stating that the interior square footage will be 1,260 per unit, and that they will be long and narrow to fit better on the site. They will have brick exteriors and cedar roofs, and the market price will be about $100,000 per unit. Mr. Arkell stated that the units will be marketed and designed for empty nesters without children. He stated that the homes in the surrounding neighborhood appear to be in the $150,000 to $160,000 range, and townhomes generally are built in the range of about 2/3 of the value of the surrounding homes. He explained that he is present this evening because he went to the county auction on the property. He stated that the county has placed a $510,000 value on the property and he cannot get a contingency from the county. He further stated that he cannot make a planning application for rezoning without owning the property or having it under purchase agreement, and it would be too big of a risk for him to make the $100,000 down payment required by the county unless he has an indication that the city would favorably consider the application. He stated that he would like to get a feeling from the Council. Mayor Mertensotto stated that Council has hoped that all of the land south of T.H. 110 and west of Lexington will develop in commercial use, and the question of mixed residential /commercial use has already been raised. He further stated that it is his impression that Council would be concerned about the density of people living in the proposed development because of the traffic situation. He informed Mr. Arkell that now that the bridge work and highway are completed, the Lexington/ 110 area has become a gateway to the community and he is concerned that it does not look like a high density area. Councilmember Krebsbach felt that the matter should be considered by the Planning Commission before Council can give it consideration. Councilmember Smith stated that Council started a planning process to look at the Highway 55 corridor some time ago and extended the corridor to include the T.H. 110/Lexington area. She stated that the process is only half way completed and she is not willing to make a change at this time. Page No. 16 December 19, 1995 Mayor Mertensotto stated that he feels the HR -PUD designation would be very heavy density in the proposed location, which is a front door to the community. He further stated that if Council were to say that the six unit proposal appears to be fine, it would be committing to the density of an HR -PUD, and he would not want that kind of density for the proposed lots when the rest of the subdivision is commercial. Councilmember Krebsbach stated that the other question is what the impact would be on development of the remainder of the plat as a business area. TRANSIT OPTIONS Council acknowledged a memo from Interim Administrator Batchelder regarding the city's response to the Metropolitan Council Transit Operations (MCTO) regarding the elimination of Route 29 and proposed transit alternatives and transit service changes. Council also acknowledged a letter from the Minnesota Valley Transit Authority (MVTA). Interim Administrator Batchelder informed the audience that a subcommittee of the Council, Councilmembers Huber and Smith, had met with MCTO representatives to reviewed the details of the MCTO proposal. He stated that the subcommittee members were concerned that the route changes proposed by MCTO would be appropriate and would provide an equivalent level of service currently provided by Route 29. He informed Council that he has spoken to Mr. Michael Abegg, MVTA Planner, today regarding the MVTA letter. He stressed that the city needs to be vigilant in seeing that the MCTO follows through with negotiations on the re- routing of MVTA Route 48. He explained that there are some handing issues that the two agencies need to work out, and the city must make sure that the agencies follow through on their negotiations. Mayor Mertensotto stated that when the MCTO express route to Minneapolis (95M) is re- routed, the city must make sure that the express route does not change to make stops at every corner on Hiawatha Avenue. Councilmember Smith responded that while MCTO is very willing to work with the city and re -route existing routes, her concern is that MCTO might be tempted in the future to change the express route to provide stops on Hiawatha in order to cut back on costs. She noted that there are currently other transit routes along Hiawatha. Page No. 17 December 19, 1995 Councilmember Huber stated that he is also concerned, but that he does not know how the city could stop the MCTO from stopping on Hiawatha in the future. Mayor Mertensotto stated that the main concern is that if the city loses Route 29 in April and there is only one replacement route, that transit will not be eliminated along Dodd Road. He stated that the city would then be getting nothing for its annual financial contribution to MCTO. Councilmember Smith stated that the extension of Route 7 from West St. Paul would take riders to St. Paul but would not go north on Dodd beyond Wentworth. Mayor Mertensotto asked what mechanism Council has to be sure it is kept informed. Interim Administrator Batchelder responded that if Council agrees to the proposals, MCTO staff will begin working on the options, and they have begun negotiations with the MVTA for re-routing of Route 48. He stated that the extension of Route 7 will replace the number of stops that Route 29 currently provides in Mendota Heights and that Route 48 would provide Dodd Road and the north part of the city with service to downtown St. Paul. He further stated that a park-and-ride at Dodd and T.H. 110 for express Route 95M would provide the additional service to Minneapolis which is not currently available to Mendota Heights residents. Councilmember Huber informed Council that he has spoken to the MCTO transportation director and she advised that disabled individuals living within a certain distance of an existing MCTO route must be provided with MCTO services to wherever the individuals wish to go. However, if the route is terminated, MCTO no longer needs to provide the service. He stated that given the short time frame the city is working under, the plan envisions that negotiations must continue with MVTA in order for it to work. He further stated that it would be nice if there were a firm commitment from MVTA, but he does not think the city can do much else other than to monitor the negotiations at this time. He explained that MVTA was very concerned that its drive time might be lengthened, and because of the additional time they might lose existing riders. Page No. 18 December 19, 1995 Councilmember Smith stated that given the uncertainty over MVTA Route 48A, she feels any response from the city to the MCTO should be a contingent response. Mayor Mertensotto agreed, stating that since there is nothing firm now, the city's response should be that the transit alternatives appear to be a workable solution for the immediate future and that Council will continue to work with MCTO to be sure there will be continued bus service at least to downtown St. Paul. Councilmember Huber stated that MVTA is also interested in a park and ride at the Mendota Plaza. Mayor Mertensotto responded that the Plaza has signed and is watching trucks now, and there have been some buses parked in the back of the shopping center. He stated that the city has not taken on the maintenance of the shopping center lot and he would not want the Plaza owners to come back in the future and say that since Council asked them to allow bus parking the city has to assist in repair costs. Councilmember Smith stated that it was her assumption that bus parking would continue, and there is a drive through that is reinforced. She felt that the Plaza would be doing a disservice to the city if it does not allow buses to drive through. Councilmember Krebsbach stated that she would like to receive a copy of the Council minutes when the parking lot was discussed. She stated that as she remembers the discussion, it was centered on trucks, and she did not believe there was discussion about buses. Mayor Mertensotto agreed, stating that the problem was stated that trucks and buses ruined the parking lot and the owner wants to avoid that situation from happening again. Councilmember Krebsbach stated that one question she has is the park and ride on Dodd and T.H. 110. She asked the subcommittee for its recommendation. Councilmember Huber stated that the MCTO wants to know if the city has an interest in a second stop along T.H. 110 in addition to the Dodd Road intersection. He stated that MCTO talked about a park and ride at City Hall, but he did not think it would be a good idea to have a stop at Lexington and 110 if there is a park and ride at T.H. 110 and Dodd. He informed Council that there is a Page No. 19 December 19, 1995 possibility that the bus could pick people up from the park and ride on the way to Minneapolis without having to come off the highway and onto Dodd, but on the return trip it would have to pull off of T.H. 110 onto Dodd to enter the park and ride. He stated that MCTO is talking about 50 cars parking in the lot, and he and Councilmember Smith have told them the lot would have to be blacktopped for that number of cars. Mayor Mertensotto suggested that Mn/DOT right -of -way along Dodd at Wagon Wheel might be an appropriate park and ride location. Councilmember Smith responded that she feels the facility should be closer to the commercial area so that people can get off the bus and have some shelter and perhaps a phone. Councilmember Krebsbach felt that a park and ride at Wagon Wheel would infringe upon the residential area. Mayor Mertensotto stated that he feels the park and ride is a separate issue which Council can revisit. Councilmember Smith responded that while it is perhaps a separate issue, it is very important that there be a park and ride. Councilmember Huber stated that the recommendation should include a statement that if negotiations with MVTA are unsuccessful, the city will come back to MCTO to request another plan. It was the consensus to direct staff to submit a conditional response to MCTO informing them that Council has discussed the recommendations and believes they are workable for the future and wants to continue dealing with MCTO regarding providing alternate services after Route 29 is eliminated. Councilmembers Huber and Smith were asked to continue acting as Council's subcommittee. Interim Administrator Batchelder informed Council has had discussions with Paster Enterprises regarding allowing a park and ride to continue at the shopping center. He father stated that staff will continue to attempt to meet with Paster Enterprises regarding a turn around in the area where the bonfire used to be held, where there is no pavement. Page No. 20 December 19, 1995 HOUSING GOALS Council acknowledged a memo from Interim Administrator Batchelder regarding the Metropolitan Livable Communities Act proposed goals agreement. Interim Administrator Batchelder stated that Council voted to participate in the Livable Communities Act in November, and the second step in the process was to negotiate a goals agreement with the Metropolitan Council. He stated that Council had discussed working in a cluster with the Dakota County HRA on an action plan, and the HRA petitioned the Metropolitan Council to cluster all Dakota County cities for the purposes of a goals statement. The Metropolitan Council wants each individual city to commit to a goals statement, and the city would have until June 30 to adopt an action plan. He further stated that the Metropolitan Council has looked favorably on the Dakota County plan but at this point what is before Council is a first draft of the housing goals agreement. Interim Administrator Batchelder then reviewed the draft agreement and an addendum. Mayor Mertensotto suggested that "the City will use its best efforts" replace "the City agrees," and to change "given market conditions" to "subject to market conditions." Councihmember Smith expressed concern with the way the goals are written. She stated that Council discussed that it is possibly impossible for the city to meet the benchmarks given the nature of the community. She felt that the goals open the city to failure and that Council must be made more realistic. She felt that Council is opening itself to criticism as there is no way the goal can ever be reached. Mayor Mertensotto stated that he thinks the $125,000 benchmark can be easily reached but did not think a 25% rental can ever be reached. Councilmember Smith stated that she would like an actual goal rather than an arbitrary benchmark based on other communities. She stated that the city should research to see what goal can be met. Mayor Mertensotto stated that the city is willing to work with the Metropolitan Council, but pointed out that Mendota Heights does not receive any aids, such as LGA, which the other cities receive. Page No. 21 December 19, 1995 Councilmember Smith felt that Council should approach the matter realistically and that the first draft should just be to form a plan to discuss what Council hopes to achieve in the first year. Interim Administrator Batchelder stated that the city needs to work with Dakota County over the next six month but the Metropolitan Council considers the Dakota County action plan as the prototype for communities. He further stated that the city has been advised to put the qualifications into an addendum to advise the Metropolitan Council that the city cannot meet all of the goals simply because there is not enough land left in Mendota Heights. Councilmember Smith stated that once actual goals have been established, she thinks the city needs to explain them. It was the consensus that Council is not ready to adopt the addendum yet and needs more information. It was the further consensus that the document be changed from "Goals Agreement" to "Goals Statement." GIS Council acknowledged a memo from Public Works Director Danielson regarding an offer of a $5,000 grant from NSP to use towards implementing GIS. Council also acknowledged receipt of a letter from NSP. Councihember Krebsbach stated that she does not see any safeguards on who has access to the software and was concerned about the overlay of information that cities can get on residents. She asked who will have access and where is there protection for the home owners. Councilmember Smith responded that there are already commercial vendors using GIS and the people can get information from the county as well, as it is public information. Mayor Mertensotto stated that GIS is an excellent planning tool but he is concerned that if the city accepts the $5,000 and gets a matching grant from the Metropolitan Council it still might take a great deal more money to get the system. He suggested that the grant be accepted and that staff work towards a purchase but first obtain more information on costs. Councilmember Huber moved to accept the offer from NSP for a $5,000 grant towards implementing GIS and to authorize staff to apply to the Metropolitan Council for a matching grant. Page No. 22 December 19, 1995 Councilmember Smith seconded the motion. Ayes: 4 Nays: 1 Krebsbach MSA STREETS Public Works Director Danielson reviewed a memo from Civil Engineer Sanders recommending that MSA designation for Victoria Road from Marie Avenue to T.H. 13 be revoked and that several other streets be given MSA designation. Councilmember Smith asked if any of the streets will require substantial changes if they become MSA streets. Mr. Danielson responded that none need to be widened, but some have curves that do not meet the MSA standards if the city is planning to spend MSA funding on them. There was discussion about possibly adding Lake Drive rather than Ivy Falls Avenue. Staff was directed to move the designation around so that the full MSA mileage allotment is used. SOS - MN /DOT Council acknowledged a memo and proposed resolution from AGREEMENT Public Works Director Danielson regarding a proposed Mn/DOT cooperative agreement grant to complete the frontage road improvements needed for the SOS site development. Councilmember Krebsbach stated that as a member of a Council subcommittee on development of the site, she wants to be kept informed of all meetings relating to the site. Interim Administrator Batchelder stated that he has spoken to representatives of the Dakota Bank and they have indicated they will continue working with the subcommittee. Councilmember Koch moved adoption of Resolution No. 95 -75, "RESOLUTION AUTHORIZING PARTICIPATION WITH MN /DOT IN A COOPERATIVE AGREEMENT TO UPGRADE THE TH 110 FRONTAGE ROAD LOCATED EAST OF LEXINGTON AVENUE AND SOUTH OF TH 110." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto informed Council that a meeting of the MSP communities group will be held at 7:30 a.m. on December 20 at the Marriott. Page No. 23 December 19, 1995 Councilmember Huber gave an update on NDC -4 meetings with Continental Cable. Interim Administrator Batchelder informed Council on the status of the MPRS litigation. Councilmembers Krebsbach and Smith complimented the Public Works Department on its snow plowing efforts. Councilmember Koch stated that she received many calls from her neighbors complimenting the Public Works staff on snow plowing. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:16 P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor