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1995-09-19 Council minutesPage No. 4560 September 19, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 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 Huber, Koch and Smith. Councilmember Krebsbach had notified Council that she would be late. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the regular meeting held on September 5, 1995. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 12, 1995 Parks and Recreation Commission meeting. b. Acknowledgment of the Parks Activity Report for August. c. Acknowledgment of the unapproved minutes of the August 2, 1995 NDC-4 meeting. d. Acknowledgment of the Treasurer's monthly report for August. e. Adoption of Resolution No. 95-50, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF COMMUNITY LANDFILL ABATEMENT PROGRAM." Page No. 4561 September 19, 1995 f. Approval of a modified Critical Area site plan to allow construction of a sun room addition at 1155 Kingsley Court, along with waiver of the application fee. g. Approval of the list of contractor licenses dated September 19, 1995 and attached hereto. h. Approval of the list of claims dated September 19, 1995 and totaling $277,388.93. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 BID AWARD - IVY FALLS Council acknowledged receipt of a tabulation of bids received for SOUTH ADDITION construction of public improvements to serve the Ivy Falls South Addition. Mayor Mertensotto noted that the developer has been informed about the bids and requests that the award be made to the low bidder. He stated that he wants to be sure that the silt fences are properly put in place to protect the Cherry Hills property owners, and directed staff to notify the contractor of Council's serious concerns over erosion during construction. Councilmember Smith moved adoption of Resolution No. 95 -51, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATERMAINS, STORM SEWER, AND STREET IMPROVEMENTS TO SERVE IVY FALLS SOUTH (IMPROVEMENT NO. 95, PROJECT NO. 3)," awarding the contract to Kober Excavating, Inc., for its low bid of $203,357.75. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Staff was directed to hold the bid bond for the second lowest bidder until the contract has been executed by Kober. HEARING - HERITAGE INN Mayor Mertensotto opened the meeting for the purpose of a public LIQUOR LICENSE hearing on an application from the Heritage Inn for Limited Service Hotel on -sale and Sunday on -sale liquor licenses. Mayor Mertensotto asked for questions and comments from the audience. Page No. 4562 September 19, 1995 Mr. Bill Griffith, representing Tharaldson Development, stated that Heritage Inn is under a contract with Northwest Airlines to provide service for ten years. He stated that when the Heritage Inn was constructed the Marriott Courtyard had restaurant service, but the Marriott restaurant has been closed and Tharaldson was requested to serve food at the Heritage Inn. He explained that the liquor license is being requested only in conjunction with the Heritage Inn's down scaled restaurant operation, and the intent of Northwest and Heritage Inn is to allow people liquor service with their meals so that they do not feel that they have to leave the facility if they wish to have liquor with a meal. He informed Council that there will be no liquor with room service and liquor will only be served in the restaurant during restaurant hours, for lunch from 12: 00 to 1:30, and dinner, from 5:00 to 10:00 p.m. Mayor Mertensotto stated that the reason Council is concerned is that the license is for "limited service hotel," and Council does not wish to set a precedent. He stated that he realizes that the hours of service could change based on need but the request is being made in order to accommodate Northwest Airlines personnel. He pointed out that the restaurant is not open to the public because there is a modified parking plan for the facility, and that Council must both clarify that and stay informed on parking needs. He informed Mr. Griffith that if Tharaldson wishes to make a change in the restaurant operation in the future, its representatives must first meet with city staff and appear before the Council. Mr. Griffith responded that from the outside of the hotel there is no indication of the restaurant, and if there is any future intent to change that Tharaldson's representatives will be back to talk to city staff and the Council. He stated that the reason parking will work for the facility is because 70% of the people will come to the hotel in van services. Mayor Mertensotto informed Mr. Griffith that if there is any future desire to advertise the facility and cater to the general public, Tharaldson must inform Council before embarking on the change. Councilmember Smith stated that both previously and this evening, Tharaldson representatives have indicated that the Courtyard no longer has food service. She asked for a clarification. Mr. Griffith responded that he believes the Courtyard has limited morning service and will deliver food to the rooms, but it does not have the dining room open. Page No. 4563 September 19, 1995 Mr. Keith Garland, General Manager of the Heritage Inn, stated that the Courtyard only serves liquor in the lounge area in the evening, when snacks or perhaps appetizers are served. Councilmember Smith stated that she had been advised that the Marriott does offer breakfast and dinner and that the lounge area is open almost any time. She stated that she understands that most of the guests at the Heritage Inn are in classes at NATCO, and asked how many guests would have lunch at the Heritage if most of them are in training at NATCO. Mr. Gartland responded that training is done in shifts, the first training session starts at 4:00 a.m. and the last one starts at 8:00 p.m., so many of the hotel's guests would have finished training for the day by noon. He stated that the hotel averaged 111 rooms occupied in June and of those 111 guests, probably 20 to 30% trained in the early morning and about the same percentage took training in the last session, and the rest were at NATCO during the mid -day. Staff was directed to contact the Marriott for information on its food service and lounge hours. There being no further questions or comments, Councilmember Huber moved that the hearing be closed and that action on the license application be tabled to October 5 in conformance with the requirements of the liquor ordinance. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 95 -23, Council acknowledged a memo from Public Works Director SIMMONDS Danielson regarding continued discussion on an application from Ms. Janice Simmonds for a conditional use permit to deposit fill on Outlot A, Evergreen Knolls. Ms. Simmonds was present for the discussion. Responding to a request from Mayor Mertensotto for a clarification on the amount of fill that will be needed on the site, Ms. Simmonds stated that her engineers have calculated that 900 cubic yards of fill will be needed. Mayor Mertensotto asked Ms. Simmonds to instruct the trucks hauling the fill to use Wachtler Avenue, and preferably T.H. 13 to Wachtler, to access the lot. He stated that there will be spillage onto the roads and he would not like any more roads contaminated than is Page No. 4564 September 19, 1995 necessary. He informed Council that he has visited the site because of his concern over some of the comments which had been made on drainage. He stated that when the roadway ends, the drainage goes to the east, and the home owner to the north of the site has put in rip rap. It appeared to him that surface water is going at least several hundred feet to the east and ultimately to the golf course. He stated that if Ms. Simmonds silt fences do not contain the fill material and it gets to the golf course, the city will receive complaints. He felt that it will be challenging to compact and contain the fill on the site. He informed Council that Ms. Simmonds had told him that the existing fill is about eight years old, that her tests show it has been compacted, and that there is no dirty fill. He stated that there are many scrub trees which have grown wild and will likely be cleared, but Ms. Simmonds' neighbor to the north is relying on the stand of trees at the north of the lot. He asked Ms. Simmonds to work with the neighbor so that he knows what she is going to do with those trees and the trees which are in the right -of -way. He was also concerned that the access road from the end of the existing street to the home be constructed in such a manner that it will recognize the possible future extension of Wachtler. He asked Ms. Simmonds to be sure her home and turn around are situated such that it will have access to a future road. He informed Ms. Simmonds that the sewer line must be in the boulevard area rather than in the public right -of- way and the ditch must be compacted again. He stated that the neighbor to the north will likely be upset with the changes, and asked Ms. Simmonds to be concerned about keeping him informed and happy. Councilmember Huber asked if the issue of the lot not fronting on a city street has been addressed. He also asked if the driveway will come out on the Wachtler right -of -way. He stressed that the driveway must be constructed in such a location that Ms. Simmonds or a subsequent owner cannot say that Wachtler cannot be extended because of where the driveway is located. Mayor Mertensotto responded that the house will have access to a public street and stated the while lot is large enough to subdivide in the future, Ms. Simmonds will not be able to subdivide it because of the location of the house. He stated that the drainage pattern must be kept the way it currently exists and the driveway location will have to be determined based on the drainage pattern. With respect to the concern over possible future objection to Wachtler Avenue's extension, he stated that Ms. Simmonds will be building the home with the understanding that Wachtler may be developed at some future time. Page No. 4565 September 19, 1995 Mayor Mertensotto asked where the roof drainage will go. He stated that the city would not want that drainage to come out onto the right - of -way because there is an abrupt drop. Public Works Director Danielson responded that the drainage plan shows that the drainage will head in all directions, but mostly to the east and towards Par 3. Councilmember Huber stated that the drainage plan indicates that there will be a large amount of drainage to the west. Ms. Simmonds responded that the west side of the house will be minimally graded, and she just needs to fill in a ravine to the east of the house. Councilmember Smith stated that the fill will be essentially in the center of the lot for the building pad, so it appears from the grading plan that the drainage pattern will not be changed. Mayor Mertensotto stated that there could be problems to the north and the east of the Simmonds site if there is silt coming off the site to those properties. He asked Ms. Simmonds to be very careful in the filling process. Councilmember Smith stated that the grading plan appears to show that the additional run off created by the development of the lot and the added impervious surface will not create an adverse impact on the adjoining properties. Public Works Director Danielson responded that there will be no impact after the development is completed, but the concern is during development and before the home and sod are in place. Councilmember Smith moved adoption of Resolution No. 95 -52, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FILL TO ALLOW CONSTRUCTION OF A SINGLE FAMILY HOME AT OUTLOT A, EVERGREEN KNOLLS." Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Mayor Mertensotto informed Ms. Simmonds that the action on the fill permit relates only to filling, and that she must apply for and receive a building permit before the home can be constructed. CASE NO. 95 -14, CRUZ Council acknowledged a memo from Assistant Batchelder regarding an application for variances for driveway setback and recreational Page No. 4566 September 19, 1995 vehicle storage from Mr. Richard Cruz, 1338 Cherry Hill Road, along with a proposed resolution of denial, prepared at the direction of Council on September 5. Council also acknowledged letters from Mr. Cruz and his legal counsel, Richard Gabriel. Council briefly discussed Mr. Gabriel's comments regarding the interpretation of the terms side yard and storage. Councilmember Huber stated that he has been contacted by several of Mr. Cruz' neighbors since the last Council meeting, and one of the neighbors informed him that last year the vehicle was covered with a blue tarp. He stated that although the neighbors indicated that they feel Mr. Cruz is a nice person, they did not think that he should be allowed to store the vehicle in the front yard. He informed Council that because of the comments he has received, he would vote in favor of the resolution even though he voted against denial at the last meeting. Councilmember Smith moved adoption of Resolution No. 95 -53, "A RESOLUTION DENYING VARIANCES FOR DRIVEWAY SETBACK AND STORING A RECREATIONAL VEHICLE AT 1338 CHERRY HILL ROAD." Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 AT &T ANTENNA Council acknowledged a memo from Assistant Batchelder regarding AT &T's request for a conditional use permit for a cellular telephone transmission tower and a variance for building setback, along with a proposed resolution of approval. Mr. Peter Beck, legal counsel, and Mr. Ted Olson and Mr. Max Thompson were present on behalf of AT &T. Mr. Beck stated that he has reviewed the proposed resolution and has met with the City Administrator and Assistant Batchelder to request two substantive revisions and two minor revisions. One major concern was over the requirement that improvements be done before the system can be activated. He explained that AT &T desperately wants to activate the system. Mayor Mertensotto stated that the only reason the provision is in the resolution is because the city must have some kind of a lever to make certain that the improvements are completed. He asked Council to give AT &T 90 days to complete the improvements required in the resolution and allow AT &T to activate Page No. 4567 September 19, 1995 the tower and antenna, and if the work is not completed within the 90 days the city can require the system to be shut down. Mr. Olson stated that plans are being put together as quickly as possible for upgrading the equipment building, including brick, etc. He suggested that AT &T could give the city a $5,000 bond that the improvements will be completed within 90 days - if completion did not occur AT &T would forfeit the bond and be obligated to deactivate the antenna and tower. Mayor Mertensotto agreed that a performance bond would be an appropriate for completion of the improvements within 90 days. He informed Mr. Olson that AT &T cannot proceed until building permits are issued. He expressed concern that there are no dimensions for the antennas stipulated in the resolution. Mr. Beck responded that the system needs to change as new sites are added. He stated that the antennas at this site will either be 18 by 24 inches, or, more likely, 7" by six to eight feet long. Mayor Mertensotto stated that his concern was that the antennas might be stacked together in rectangles, and he would not like there to be that kind of a misunderstanding. He informed Mr. Beck that he would prefer to see the seven inch by six or eight foot antennas. Mr. Thompson stated that the initial six antennas will probably be seven inches by eight feet and they have to be installed vertically. He stated that while he would like to specify the size of the future antennas, the antenna specifications from the manufacturers change all the time and future antennas will likely be smaller. Mayor Mertensotto responded that the resolution will authorize six antennas now and three more in the future. He informed the AT &T representatives that he does not want to see four antennas stacked together so that in effect AT &T could have 24 antennas. Mr. Thompson responded that he understands that it is a matter of trust. He stated that the quantity and size that is appropriate is six to eight foot antennas about 12 inches wide, and if Council wishes to make an agreement that if that size increases AT &T would need approval, he would gladly agree to come back to Council to ask for a change. He stated that AT &T uses the antennas which give the best service to its customers. Mr. Beck stated that his other concern is the resolution refers to landscaping the entire Mn/DOT property, and he understood that Page No. 4568 September 19, 1995 was not Council's intent. He stated that he met with city staff and subsequently developed a landscaping plan, and if the plan meets Council's intent he felt that it would be better to refer to the plan in the resolution. Mayor Mertensotto responded that there is a question on the Soo Line Railroad right -of -way and the pipeline to the airport and the unused portion of the land to the south. Mr. Beck stated that AT &T has taken its site and covered it with vegetation and trees - the open area is the access road which has been relocated to the west so that the setback requirement can be met. He reviewed the landscaping plan for Council and the audience. He informed Council that he has a problem with landscaping the entire site, as required in section 2d of the resolution, since the site belongs to NWDOT. Mayor Mertensotto responded that to require landscaping of the entire site would be over - reaching, and stated 2d should be revised to delete "the remainder of the Site." Administrator Lawell suggested that 2d be deleted and, if the intent is to have the landscaping around the building, tower and antenna, then 2c should be revised to read "appropriate landscaping and screening ..." Mr. Beck asked for a clarification on AT &T's right to reapply before the contract terminates. Mayor Mertensotto responded that nothing in the resolution prevents AT &T from applying for an amendment to the conditional use permit. He pointed out that if there is any breach of an obligation, the conditional use will terminate. Mr. Thompson stated that he will contact the City Administrator to give him the exact dimensions of the antennae for inclusion in the resolution. Councilmember Koch moved adoption of Resolution No. 95 -54, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND A VARIANCE ALLOWING A CELLULAR TELEPHONE TRANSMISSION TOWER AND RELATED IMPROVEMENTS," amended to include a compliance clause requiring the posting of a $5,000 performance bond to insure compliance with all conditions of the resolution within 90 days, and revision to sections 2c and 2d as recommended by the City Administrator, and a revision to section Page No. 4569 September 19, 1995 3 to stipulate the antennae dimensions to be provided by Mr. Thompson, but not to exceed 12 inches wide by 8 feet in length. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Mr. Beck informed Council that the tower and antennae will not be activated until there is an signed indemnification agreement. BALL FIELDS Council acknowledged a memo from Assistant Batchelder with respect to youth ballfields at the Mendota Plaza. Council also acknowledged a letter from Paster Enterprises informing Council that it is anticipated that the undeveloped area south of the shopping center will be leased within two three years. Mr. Ed Paster and Mrs. Celia Paster were present for the discussion. Mayor Mertensotto informed the audience that Mr. Paster has indicated that there will likely be an improvement on the south part of the site by this time next year. He asked Mr. Paster what the development will be. Mr. Paster responded that a restaurant is interested in the location and that, although United Artists Theaters has changed its mind about a theater in the plaza, he is still working towards having a theater in the shopping center. He reviewed a site plan for the Plaza, stating that the undeveloped area is about 40% of the site and the restaurant's interest is in the south side right now. Mayor Mertensotto stated that Council would not want to interfere with the shopping center development, but if the land were to lie unused the city would like to use it for ball fields. He further stated that if there is a plan for any development the city certainly would not put money into ball fields but if there was any indication that the land would not be used for some time the city could put it to use and the shopping center would benefit because of added landscaping and the number of people the ballfields would bring to the center. He stated that the city would like to continue the Halloween Bonfire on Plaza property and would scale it down because of the landscaping and roadway improvements in the area where the event is held. Mr. Paster responded that he would be happy to have the bonfire continue. With respect to ball fields, he noted that the property immediately to the east of the site is still owned by Mn/DOT and suggested that perhaps the city could acquire the right -of -way for ballfield development since the plan for extending South Plaza over T.H. 110 is apparently dead. Page No. 4570 September 19, 1995 Mayor Mertensotto responded that WDOT has no plans for at least 25 years but that does not mean the city could not do something with the right -of -way. Administrator Lawell stated that the understanding is that Mn/DOT would allow the city to use the right -of -way for transportation purposes but if the city wants the land for other purposes it would have to buy it because Mn/DOT does not have fee title to the land. Mr. Paster suggested that perhaps the elderly housing project can be expanded, and if the city is looking for investors he would be willing to contribute. PLAZA IMPROVEMENTS Council acknowledged a memo from Public Works Director Danielson regarding a request from Paster Enterprises for TIF reimbursement for the completed storm sewer and parking lot improvements at the shopping center. Mr. Paster informed Council that all of the work on the project has been completed except for a small amount of landscaping. Mr. Paster indicated that he has told the MCTO he will no longer allow park and ride because of the damage the buses caused to the old blacktop. He explained that he asked the MCTO to determine the amount of impact on the site from the buses and their statistics are that the highest number of people who board the buses at the center is a maximum of ten per day versus about 25 per day at Pagel Road. He stated that over the years he has asked the MTC to help pay for class five materials and they always responded that they did not have funds available. He informed Council that the truck route signage is done but not yet installed, and heavy trucks must stay on the heavy truck pavement to the rear of the center. He stated that the front lot will be for passenger vehicles. Councilmember Smith stated that the shopping center improvements look wonderful but she asked why the entrance is banked and if there are any alternatives should it become a driving hazard. Public Works Director Danielson responded that the banking is for drainage. He explained that the turn lane was done under a Mn/DOT permit, and everyone who approved it is aware of the condition. He stated that the entrance is safe but if icing occurs the city will have to be sure that it is heavily sanded. Councilmember Krebsbach arrived at 9:20. With respect to MCTO park and ride, Administrator Lawell stated that he was contacted by a representative of the agency who Page No. 4571 September 19, 1995 expressed concern that the park and ride would not be available to them at the site. He stated that the city has been concerned about cut backs by the MCTO and pointed out that city residents pay dearly for transit services that they do not receive. He informed Council that he pointed out to the MCTO that it has been hesitant to give repair assistance to the Plaza, and the representative indicated that MCTO would try to get funding. He stated that if funding is available, hopefully Mr. Paster will reconsider his decision, as this is the only park and ride site in the city. With respect to the TIF reimbursement, Public Works Director Danielson stated that the agreement was that there would be two installment payments to Paster Enterprises during the construction, but construction was completed so quickly that Mr. Paster has applied for the total reimbursement at one time. Mayor Mertensotto asked about the agreement on city legal fees. Administrator Lawell responded that Council minutes from April 18 indicate that the agreement was to equally split the city's legal fees. He stated that the total fee is $2,846.52. Mr. Paster informed Council that he will submit payment for half of the legal fee upon receipt of a bill from the city. Administrator Lawell informed Council that the total project cost was $417,013.30, including overhead, engineering, etc. Councilmember Koch moved to authorize payment of the city's $200,000 TIF participation in the project to Paster Enterprises as requested, conditioned upon payment of half of the city's legal fees by Paster Enterprises, conditioned that the total cost of the project exceeds $400,000. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 DODD ROAD TRAIL Council acknowledged a letter from Mrs. Jann Blesener for trail improvements along Dodd Road north and south of T.H. 110, along with a memo from Public Works Director Danielson and a preliminary feasibility study and cost estimate. Mrs. Blesener was present for the discussion. Mrs. Blesener informed Council that the trail has deteriorated and its use is increasing year by year. She stated that the trail is a hazard and something needs to be done. She further stated that she 1 understands that nothing was done to the trail in the past because of Page No. 4572 September 19, 1995 the uncertainty over the intersections and the fact that putting in a culvert would be very costly, but something must be done to allow bicyclists and pedestrians to safely cross the intersection and into the rest of the trail system. Public Works Director Danielson stated that generally Mn/DOT has been trying to cooperate with cities in safety projects, and improvement of the trail is a safety issue. He suggested that the city file a cooperative construction agreement application for construction with 1996 funding, which starts this fall and goes through the summer of 1996. Responding to a question from Mayor Mertensotto about the potential for use of MSA funds, he stated that off - system MSA funds could be used but there is a heavy penalty for using the funds off - system. Public Works Director Danielson reviewed the drawings which had been included in the preliminary study for a trail south of T.H. 110 that would start at the fire station and cross Dodd Road at South Plaza Drive. He stated that there is no traffic signal at South Plaza, so a crosswalk would have to be painted, and signs would need to be installed to alert traffic to the pedestrian crossing. The trail would run along the shopping center property all the way to T.H. 110. Anticipated cost for the trail improvements south of T.H. 110 is $100,000. He informed Council that the major cost of the trail section is extending the existing culvert at T.H. 110. Responding to a question about the possibility of a bridge at the intersection, he stated that a bridge design would be much more expensive and does not help Mn/DOT. He pointed out that if there were accidents at the intersection, cars would go down into the gully, and Mn/DOT would likely want the city to fill it in. Mrs. Blesener asked if Mn/DOT might extend the right turn lane if the gully were filled. She felt that if the city filled the culvert Mn/DOT may want to construct a free right turn lane. Mr. Danielson responded that this is a possibility although staff had not considered it. Councilmember Smith asked what the possibility is of constructing the trail along the golf course is rather than in front of the shopping center. She stated that a retaining wall would probably have to be built, but locating the trail on the west side might be a good solution. She stated that her concern over crossing Dodd near the shopping center. Page No. 4573 September 19, 1995 Mr. Danielson responded that locating the trail on the west has been studied in the past and the grades and limited right -of- -way in the area are problems. He stated that staff can investigate the idea further, but it is not likely that it will be possible on the west. Councilmember Huber stated that the trail between the Amoco and the highway is very narrow, but the worst situation is trying to cross T.H. 110. He stated that it is a horrible crossing, and spending $100,000 for a culvert, etc., would not make the crossing better. He was concerned about drivers of vehicles making right turns and not seeing pedestrians or bicyclists. Councilmember Krebsbach stated that she thinks the culvert must be replaced and this should be done if Mn/DOT will help with funding. She further stated that if there are Mn/DOT funds available there is no reason why the city should not request assistance and do the improvements. Councilmember Smith stated that if the right turns are a problem, perhaps the city should ask Mn/DOT to prohibit right turns on red lights at the intersection. Mrs. Ridder stated that she does not believe the problem will be solved by the proposed improvement. She stated that 20 years ago the city officials discussed a pedestrian bridge, and she felt a bridge is all that will help the situation. Mrs. Blesener stated that the extension of South Plaza Drive over T.H. 110 as a local traffic rout is the best solution. Mayor Mertensotto responded that when the bridge issue was studied, the cost estimate was $2 million just for the bridge. He felt that providing a pedway and culvert replacement will not solve the problems but will be a big improvement. Councilmember Smith pointed out that Council has kept the options open by not giving up future rights or options on the unused Dodd Road right -of -way. Mr. Stan Linell supported a pedestrian bridge, and suggested that as an alternative a tunnel be constructed under the highway. It was the consensus to direct staff to prepare a resolution for the next agenda to authorize application for Mn/DOT funds. Staff was Page No. 4574 September 19, 1995 also directed to take a comprehensive look at where the crossing should go. Councilmember Smith stated that the given the senior housing project plus construction of a new school south of Friendly Hills, the city should take a look at the trail system. She felt that it may be an ideal time to look at a network of trails linking the facilities to the shopping center, etc Councilmember Huber asked staff to ask the Park Commission to look at the matter again. He stated that the city would be spending a lot of money for the culvert, etc., and knows there will continue to be problems. He felt that it may be better to take a closer look and spend more money for a better solution. Councilmember Krebsbach stated that the intersection still needs to be improved in any event. She stated that the city's approach with Mn/DOT is to resolve the hazard, and that does not conflict with possible future funding requests for a pedestrian bridge, etc. Council briefly discussed the proposed North Urban Trail. Councilmember Smith felt that a master plan for a trail along Dodd should be done, and that work could be done incrementally. Councilmember Krebsbach asked about the trail on the north side of T.H. 110. She suggested that improvements on the north side, estimated at $51,000 should be bundled with the south side in the application to Mn/DOT. Mrs. Blesener stated that Council should look at trail improvements from Mendakota Drive to Freeway as one project, as it is a completely unsafe situation. She felt that the trail should be curbed and kept completely separated from the traffic lanes. Mayor Mertensotto suggested that staff check with Mn/DOT to see if there is a better chance of getting approval for a $100,000 project, stating that it could be that Mn/DOT would incorporate the improvements with the construction of the right -turn lane into Crown Point next year. Staff was directed to prepare a resolution for application to Mn/DOT for the trail south of T.H. 110. It was noted that the resolution and application can be amended later depending on Mn/DOT funding availability. Staff was further directed to contact Mn/DOT to see Page No. 4575 September 19, 1995 what the possibility would be of funding for the entire stretch of trail from Mendakota Drive to Freeway Road. DEER OVERPOPULATION Council acknowledged a memo from Administrator Lawell regarding concerns over deer overpopulation, in response to a request from Mrs. Kathleen Ridder that the city again authorize a limited deer hunt within city boundaries. Council also acknowledged letters from the DNR, Metro Bowhunters Resource Base, the Dodge Nature Center and the City of Sunfish Lake, a petition from nine property owners and a copy of a draft letter proposed to be mailed to residents of the SuperBlock area and a map of the proposed hunt area. Mrs. Ridder was present for the discussion. Mrs. Ridder briefly informed Council on the overpopulation problem in her area. Councilmember Huber moved adoption of Resolution No. 95 -55, "RESOLUTION AUTHORIZING A LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 1995 STATE DEER HUNTING SEASON." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 KEOKUK/PAGEL STOP Council acknowledged a memo from Engineer Mogan regarding SIGNS establishing a four way stop intersection at Keokuk Lane and Pagel Road in response to safety concerns expressed at the September 5 meeting. Councilmembers Krebsbach and Smith stated that they had each received a call objecting to the proposed four way stop. Councilmember Smith stated that the caller's rationale was that people do no obey the existing signs. Mayor Mertensotto stated that the problem is that the speed of cars coming through the intersection makes it unsafe. He suggested that press releases be placed in the local newspapers to notify area residents of the proposed four way stop and that Council table the matter to October 5. It was the consensus to table discussion to October 5 to allow time for public information and feedback. Page No. 4576 September 19, 1995 FRIENDLY HILLS UPDATE Council acknowledged a memo from Engineer Mogan regarding an update on pavement construction in Friendly Hills. Mayor Mertensotto stated that he thinks it is appropriate not to install the final lift of blacktop until 1996 so that there will be time for all of the potential pavement problems to materialize. He asked how the contractor knows that it will cost $1.00 more per ton for bituminous in the spring. He pointed out that the breakups and soft spots in the pavement are not the city's fault. Public Works Director Danielson stated that staff asked the contractor if they would delay putting on the final coat until spring and the contractor's response was that they would be looking at a price increase, as was noted in the engineer's memo. Councilmember Smith stated that it sounds like it was not the contractor's procedures that caused the problem, but rather it was caused by wetness in the sub - surface. Public Works Director Danielson responded that the soil in Friendly Hills is bad, and the rain came at a bad time in the project. Mayor Mertensotto stated that Valley Paving had come to the city ` with a recommendation for the work they had done for Mn/DOT, and that he was surprised that the city ran into the problems with the blacktop. He directed staff to go back to the contractor and tell him Council does not feel the problem is the city's responsibility and the solution is to wait for the lift, but the city should not have to pay the cost increase. WORKSHOPS Council acknowledged a memo from Administrator Lawell regarding proposed dates for a workshop on the Livable Communities Act and major capital equipment purchases. It was the consensus to invite representatives of the Metropolitan Council to the workshop. Councilmember Smith moved to conduct a workshop on October 12, 1995 at 7:00 p.m., for discussion of the Livable Communities Act and major capital equipment purchases. Ayes: 5 Councilmember Krebsbach seconded the motion. Nays: 0 Councilmember Krebsbach moved to reschedule the October 3 Council meeting to Thursday, October 5 because a significant Jewish holiday falls on October 3, and to schedule a joint Council/Planning Commission T.H. 55 workshop for September 28. j Ayes: 5 Councilmember Huber seconded the motion. Nays: 0 Page No. 4577 September 19, 1995 i TRUTH IN TAXATION Council acknowledged a memo from Treasurer Shaughnessy informing Council that the date selected for the Truth in Taxation subsequent hearing conflicts with the Metro Special Districts hearing, which pre -empts the city. Councilmember Smith moved to cancel the Truth in Taxation subsequent hearing which had been scheduled for December 11, and to schedule the subsequent hearing for December 13 at 5:00 p.m. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto to check on the status of the Mendota Interchange project landscaping. Councilmember Huber informed Council on Lilydale's discussions on an application from Amoco for development at T.H. 13 and Victoria. He also gave Council an update on NDC -4 discussions. Councilmember Huber stated that tree trimming trucks are being parked across from Diamond Jim's. He asked staff to check on the frequency and number of tree trimming trucks being parked in what appears to be the EcoLab parking lot. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to closed session for discussion on litigation issues. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:53 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor . MW-D - y Asphalt Contractor License Plehal Blacktopping Inc. Excavating Contractor License Kevitt Excavating Inc. General Contractor License Don W. Fitzsimonds Mason's Siding Poducts, Inc. Omni Contracting Inc. IiVaC Contractor License Gartner Refrigeration & Mfg. Inc. prywall Contractors License Z & J Drywall Inc. Zimmerman Stucco & Plaster Inc.