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1995-08-15 Council minutesPage No. 4512 August 15, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 15, 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, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move item 4k (Mendota Liquor sign permit request) to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Fire Department monthly report for June. b. Acknowledgment of the Fire Department monthly report for July. c. Acknowledgment of receipt of the Dakota Alliance for Prevention's annual achievement report for 1994 -1995. d. Acknowledgment of receipt of the following information from the Northern Dakota County Cable Commission: NDC -4 annual audit report for 1994; draft NDC -4 and NDCTV 1996 budgets; unapproved NDC -4 meeting minutes from July 13, 1995, and direction to staff to schedule formal consideration of the draft 1996 budget for the September 5 Council meeting. e. Acknowledgment of the proposed assessment roll for Friendly Hills Addition improvements along with memos from Engineer Mogan regarding recommended assessment revisions and driveway information. Page No. 4513 August 15, 1995 f. Authorization for payment of $3,929.77 to Savanna Designs for landscape design for Ivy Falls Park. g. Approval of payment for commissioner fees and easement payment related to the Eric Miller easement condemnation. h. Approval of a request from the Convent of the Visitation School to reserve the Roger's Lake and Marie Park tennis courts from August 14, 1995 until October 24, 1995, from 3:15 p.m. to 6:00 p.m., Monday through Friday. i. Authorization for the issuance of a building permit to allow exterior building changes to the Farmer's Insurance building located at 800 South Plaza Drive. Acknowledgment of a letter from Independent School District 197 Community Education regarding an overview of the Community Education programs and occupancy at the Metro II building, 1300 Mendota Heights Road, and authorization for extension of the School District's special non - conforming use permit for another year. j k. Acknowledgment of a memo from the City Administrator regarding the West St. Paul dispatching service agreement and approval of Amendment No. 1 to the Dispatch Services Agreement dated March 15, 1983, along with authorization for its execution by the Mayor and City Clerk. 1. Acknowledgment of the minutes of the August 8, 1995 Park and Recreation Commission meeting. m. Approval of the issuance of a two -day on -sale 3.2 malt beverage license to St. Peter's Church for September 16 and 17, 1996 in conjunction with its annual Father Galtier Days, along with waiver of license fee. n. Approval of a Contract for Use of Fire Safety House with the City of Rosemount in conjunction with the Mendota Heights Fire Prevention Open House on October 14, 1995, along with direction to staff to notify the city's insurance carrier to name the City of Rosemount as a co- insured on the city's liability insurance policy during the term of the contract. o. Adoption of Resolution No. 95 -40, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR Page No. 4514 August 15, 1995 IMPROVEMENT TO SERVE IVY FALLS SOUTH (IMPROVEMENT NO. 95, PROJECT NO. 3)." p. Approval of the list of contractor licenses dated August 15, 1995 and attached hereto. q. Approval of the list of claims dated August 15,1995 and totaling $947,019.96. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MENDOTA LIQUOR SIGN Council acknowledged and discussed a memo from Code Enforcement Officer Berg regarding an application for sign permit for Mendota Liquor. Council expressed concern that the proposed three foot tall capital letters are too large and simply using the word "liquor" does not give the facility an identity. Councilmember Krebsbach stated that the sign seems to be unusually large and it should be proportionate and in keeping with the other signage in the center. Mayor Mertensotto suggested that the matter be tabled and the owner be asked to come back with a sign more consistent with the others in the sign band. Councilmember Huber was concerned over what basis there would be for denial if the proposed sign is consistent with the city ordinance and shopping center sign policy. Administrator Lawell stated that the sign is inconsistent in that it is composed of all capital letters yet appears to conform to the sign criteria, however this does not preclude Council from discussing the matter with the owner. Councilmember Smith moved to table action on the sign permit to September 5. Ayes: 5 Councilmember Huber seconded the motion. Nays: 0 It was the consensus to authorize the Mayor to approve the sign permit if there is an emergency and the owner wants to open the store before September 5 and it can be proven that the sign letter size is consistent with others on the building. Page No. 4515 August 15, 1995 PUBLIC COMMENTS Mr. Sten Gerfast was present to reiterate his opposition to a tree preservation ordinance. PARK CELEBRATION Senior Secretary Kim Blaeser, staff coordinator for the fourth annual city park celebration, was present to report on the success of the 1995 Celebrate Mendota Heights Parks! event held on July 22, 1995. Mrs. Blaeser recognized the volunteers, contributors and staff members who participated in the success of the celebration. Mayor Mertensotto expressed Council's appreciation and commendation to Mrs. Blaeser and all who participated in financing, preparing for and conducting the celebration. PARK IMPROVEMENTS Council acknowledged a memo from Parks Project Manager Guy Kullander regarding installation of cut stones at North Kensington and Ivy Park and installation of overlook and brick pavers at North Kensington Park. Mr. Kullander informed Council that he contacted five firms to solicit quotes for the work, however only one bid was received. He stated that the bid of $11,710 from KCI Construction is well within the budgeted estimate of $10,000 to $15,000 and expressed confidence that the firm can accomplish the work detailed in the approved landscape plans. He stated that he has received good references from funs KCI has worked for, and one of the references was for a job which was very similar to the work to be done for the city. He explained that the stones were a gift from Acacia Park Cemetery, some of them from the old Ramsey County Courthouse, and the heaviest weighs about 1,800 pounds. He stated that Council could either award the bid to KCI or wait and hope that another bid comes in. He informed Council that the stones must be installed before any landscaping can be done. Mayor Mertensotto pointed out that while there is a possibility another bid may come in, it could be higher than the KCI bid. He stated that if the bid award is delayed, the work will probably not be done on time to get the landscaping completed this fall. Councilmember Smith stated that it appears that quite a bit of grading needs to be done. She stated that she wants to be sure that installing the stones will not constrain the grading plan and asked if grading must be done where the stones will be placed. Mr. Kullander responded that the grading in the area of the stones is minor and there should not be a problem, but the stones can be moved if necessary. Page No. 4516 August 15, 1995 Councilmember Krebsbach moved to authorize the issuance of a purchase order to KCI Construction in the amount of $11,710 for the installation of cut stones at North Kensington Park and Ivy Park and installation of overlook and brick pavers at North Kensington Park. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CURLEY ADDITION STREET Mayor Mertensotto opened the meeting for the purpose of a IMPROVEMENTS continued public hearing on proposed Curley Addition street improvements. Council acknowledged a memo from Engineer Mogan, along with an improvement option fact sheet and project questionnaire which had been prepared by city engineering and distributed throughout the Curley neighborhood by Mr. David Ayers and Mr. F.B. Daniel. Engineer Mogan gave a brief history of the proposed project and informed Council and the audience that he and the Public Works Director had met with Mr. Ayers and Mr. Daniel, and at their suggestion prepared the fact sheet. He reviewed the fact sheet, which described highlights and funding on the four possible improvement options: total street reconstruction (option 1); limited street reconstruction (option 2); bituminous overlay (option 3); and no improvement project (option 4). Mr. Dave Ayers, 2121 Theresa, stated that he and Mr. Daniel and eight other neighbors distributed the fact sheet and solicited signatures on the questionnaire to all of the households in the neighborhood. He explained that there are 98 households affected, 93 homes in the addition, two homes that face Lexington but have yards adjacent to Cullen Lane and three vacant lots. He informed Council that the volunteers attempted to get signatures of both husbands and wives and to the best of his knowledge every one of the 98 households had an opportunity to sign the survey. He stated that eleven did not respond, and of the 87, or 89% of the households, did sign the survey. Of the totals, 7% (6 households) favor doing nothing, 11 % favor bituminous overlay (10 households), 7% favor limited reconstruction (6 households), 75% favor total reconstruction (65 households). He presented a color coded summary of the survey responses to Council. Mayor Mertensotto stated that one of the things that is a real concern is heavy trucks like rubbish trucks causing damage. He stated that he would like Council to consider in the future dividing the city into zones and issuing licenses to one hauler for each zone so that trucks are not in and out of neighborhoods several times a day several days Page No. 4517 August 15, 1995 a week. He expressed Council's appreciation to Mr. Ayers for his efforts, and stated that he feels that complete reconstruction is a wise choice. Mr. Al Price, 2106 Patricia, stated that everyone should be aware of the fact that Patricia is 30 feet wide and there are many children in the neighborhood and there are no sidewalks. He felt that improving and widening the streets will increase the speed of traffic and make them less safe for children. He stated that there are only two exits from the neighborhood, one of which is Patricia, and there is a great deal of traffic past his house. He informed Council that he objects to the project and does not think it is being handled in a business like manner since the estimated per lot costs have changed. He asked for an exact figure on what the project will cost. Mayor Mertensotto stated that he feels it is totally inconsiderate of neighbors to drive at high speeds through the neighborhood and he asked the residents to be more considerate and careful. He explained that there is nothing the city can do to reduce the speed limit, as state statutes establish the speed limit in residential neighborhoods at 30 miles per hour. With respect to anticipated costs, he explained that the project has not yet been ordered, nor have plans and specifications and bids been requested. He stated that if Council orders the project, the engineering staff will be directed to prepare plans and then go to bid and an assessment hearing will be conducted after the project is completed. Mr. Price stated that the original street was supposed to be 2" but was one and one -half inches, and if that lasted many years a three inch bituminous street should last forever. He felt that if the street had been maintained better they would have held up better. He stated that he wants to be sure that the new streets will be maintained at city cost and asked who will be responsible for replacing curb that is knocked out by snow plows. Mayor Mertensotto responded that any curbing repair would be paid by the city and the streets will be seal coated on a regular schedule of once every five to seven years. Responding to an audience question, Engineer Mogan reviewed the project time schedule, explaining that if it is approved, construction would begin in May of 1996 and should be completed in September. Regarding the increase in the estimated cost per lot for the bituminous overlay project ($1,500 to $1,700), he stated that the original $1,500 estimate was given two years ago by the former engineer as a quick estimate based on Friendly Hills cost estimates. Page No. 4518 August 15, 1995 He explained that he has done an actual cost estimate on each of the options and the estimates he came up with are contained in the fact sheet which was distributed to the neighborhood and also in his feasibility report. Mr. Price stated that existing Patricia Street is off of the centerline. Mayor Mertensotto responded that the city will work with the neighborhood and will straighten the street if it can be done. Councilmember Krebsbach asked if Mr. Price's vacant lot and the extension of the Pilney lot are buildable. Public Works Director Danielson responded that the lots meets the 70% requirement of the Zoning Ordinance and are therefor buildable. Mayor Mertensotto stated that in the past Council has considered requests for assessment deferments. He pointed out that interest accumulates on the unpaid deferment balance until the assessment becomes payable - when the property is sold or developed. He informed the audience that anyone wishing to request a deferment must do so in writing. Responding to a question from Councilmember Huber, Engineer Mogan stated that curbing on William Court is planned. Responding to a question from Mr. Price regarding tax increases, Treasurer Shaughnessy stated that the County Assessor relies strictly on resales in the area, and if over three years there is an increase in the sale prices in the area, the assessor will likely increase property values. Mr. Price commented that it makes little sense to put more money into the properties when they are losing value because of air noise. Responding to a question from Mr. Bernard Carlson, Treasurer Shaughnessy stated that if the project is ordered and constructed, an assessment hearing will be held in the fall of 1996 and full payment of assessments can be made without interest for thirty days after the assessment roll is adopted. The assessment roll would be certified to the county thirty days after adoption, and the first installment would become payable with property taxes in 1997. There being no further questions or comments, Councilmember Huber moved that the hearing be closed. i Ayes: 5 Councilmember Krebsbach seconded the motion. Nays: 0 Page No. 4519 August 15, 1995 Councilmember Huber moved adoption of Resolution No. 95-41, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE CURLEY'S VALLEY VIEW ADDITION (IMPROVEMENT NO. 93, PROJECT NO. 4)." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach stated that because of the limited access to the neighborhood, the project should be carefully managed so that there is an exit that is not under construction. She also asked staff to work closely with the neighborhood on the starting date to accommodate their needs. She asked if trees can be provided from the city's tree farm for neighborhood tree planting. CASE NO. %=M, MENDAKOTA WETLANDS Public Works Director Danielson responded that the tree farm is depleted, and adding boulevard trees to the project will increase the cost (about $200 per tree). Mayor Mertensotto suggested that perhaps the city could ask the tree program contractor for a discount for residents in the Curley area who wish to add boulevard trees. Council acknowledged an application from Mendakota Country for wetlands permit and tree removal permit to allow reconfiguration of the golf course and construction of a proposed new second hole. Council also acknowledged a letter from the Corps of Engineers and reports from the City Planner and Assistant Batchelder. Mr. Robert McKinley, Mendakota's Ground Superintendent, was present for the discussion. Mayor Mertensotto stated that the area in which the hole would go is an eyesore now with decayed and damaged trees, and anything the club does in the area would be an improvement. He expressed concern, however, that Council must be sure that there will be enough acre feet of water detention. Mr. McKinney responded that Barr Engineering is double checking to be sure that there will be sufficient detention and is doing a wetlands survey. He stated that Mendakota intends to improve every hole in the course over time and would like to eventually combine the sixteenth and seventeenth holes into one long par 3 hole. Page No. 4520 August 15, 1995 Mayor Mertensotto stated that if the proposed project does not diminish the city's storm water holding capacity he does not see any problem. Mr. McKinney responded that Mendakota is asking for approval contingent on everything in Barr's wetlands survey being appropriate. He stated that if more than 400 square feet are removed in the dredging process mitigating measures will be taken. He explained Mendakota would like to begin clear cutting of the boxelder and scrub brush in the area of the new hole this fall. Public Works Director Danielson informed Council that removing or bringing in excess of 400 cubic yards to a site requires a conditional permit, but the cut and fill on the site is balanced, so Mendakota does not need a fill permit. He stated that if there is no filling done in the wetlands, only the wetlands permit is required. He explained that the Barr survey is being done to show where the wetlands officially is, and if as the result of that survey filling is to be done in the designated wetlands, Mendakota will have to return to the city to request a Wetlands Conservation Act Permit. He suggested that Council grant a wetlands permit conditioned that filling will not exceed 400 square feet Mr. McKinney reviewed the landscape replacement plan. He stated that Mendakota's intent is not to begin clear cutting until approval from the club membership is given. He stated that the club may deem that next spring is when the hole should be finished but that clear cutting should be done this fall. Councilmember Krebsbach asked Mr. McKinney to make some effort to plant a vegetation buffer if clear cutting occurs, even if the club does not go ahead with construction of the new hole. Mr. McKinney responded that he will do so. Councilmember Huber moved to approve a wetlands permit to allow construction of a new Hole No. 2, as proposed with the revised landscape plan, with the proviso that Mendakota will undertake the responsibility to notify city engineering staff before proceeding with cut and filling so that staff can make a determination on the amount of fill. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 CASE NO. 95 -17, Council acknowledged an application from General Pump for a GENERAL PUMP conditional use permit for accessory structure and side yard setback variance to allow installation of a satellite dish 16 feet from the Page No. 4521 August 15, 1995 north property line at the General Pump facility at 1174 Northland Drive. Council also acknowledged associated memos from staff and the city planner. Mr. Joseph Zwak, legal counsel for General Pump, was present for the discussion. Mr. Ron Lippert, from Ron's Satellite Systems, was also present. Mr. Zwak informed Council that the conditional use permit would allow General Pump to locate a satellite dish at the northerly end of its property, and any other ground level location would also require a variance. He explained that the dish cannot go on the south side of the building because of the loading docks and the angle of the building, and the only other possible ground level location is below the hill on the east side, which is very unstable. He stated that the Planning Commission suggested roof -top placement, but the roof structure is not sufficient to carry the weight of the dish. He stated that while reconstructing the roof would be possible, it would be very expensive and the dish would have a visual impact. He informed Council that General Pump proposes to put in screening on the north side and some to the east to screen the dish from the property to the north and T.H. 55. Mr. Zwak stated that the Planning Commission also discussed fencing, and General Pump subsequently discussed the issue with the installer, who did not feel a fence is needed as there is no need to protect people from the dish because it is very low voltage and there is no reason for security fencing around the dish given its location. He stated that General Pump feels that a chain link fence around the dish would be unsightly. Responding to a question, he stated that the 12 foot dish would be about 14 feet above the ground at its highest point. Mr. Zwak then reviewed the screening plan which had been submitted, stating that fir trees will be used to maintain screening year round and will grow to sufficient height to screen it from any future building to the north. He explained that the dish will be used to receive commercial training sessions transmitted by satellite. Mr. Lippert informed Council that he has installed similar satellite dishes at 88 state extension service locations. He stated that only 14 of those dishes were roof - mounted and they were the only ones which have had problems. He informed Council that ground - mounted dishes are much more stable. After discussion, Councilmember Smith moved adoption of Resolution No. 95 -42, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SATELLITE DISH ACCESSORY STRUCTURE AT 1174 NORTHLAND DRIVE," subject to review and approval of the landscaping plan by the city planner and with the express understanding that the variance pertains Page No. 4522 August 15, 1995 only to the installation of the requested satellite dish, and no other structures, at the specified location. Ayes: 5 Councilmember Koch seconded the motion. Nays: 0 RECESS Mayor Mertensotto called a recess at 9:55 p.m. The meeting was reconvened at 10:05 p.m. CASE NO. 95 -02, CITY OF Council acknowledged a memo from Administrative Assistant MENDOTA HEIGHTS FIRE Batchelder regarding a request from Fire Marshal Kaiser regarding CODE /ZONING AMENDMENT an amendment to the city's Zoning Ordinance to prohibit the use of wood frame construction in all `B" and "I" zones. Council also acknowledged a letter from United Properties regarding the proposed amendment. Fire Marshall Kaiser explained that the ordinance currently in effect allows wood frame construction, and both the Marriott and the Heritage Inn are wood frame. He expressed concern over fire safety, particularly in stair cases and other areas, and stated that the proposed amendment would prohibit the use of wood frame construction. He informed Council that Bloomington restricts all construction materials in its B and I districts to non - combustible materials, and this is his long range vision for the city. He noted that two motels have already been constructed and there is the potential for a third. Mayor Mertensotto stated that if Council gets involved in the T.H. 55 study, where there could be a senior housing project. He asked if the restriction would also apply to the HRA project. Public Works Director Danielson responded that the intent has been to address industrial zoning, and the zoning for the senior housing facility near the shopping center is now low density residential and would need to be rezoned to high density residential, which would not be affected by the proposed zoning ordinance amendment. He explained that residences are not allowed in the B/I zones. He further stated that the HRA uses wood frame construction. Mayor Mertensotto stated that he would like to have something in place before something goes forth for a planned senior housing facility in lieu of office /warehouse space behind the Corporate One building. He asked whether the city would want at least the stairwells to be Class C materials, stating that the city would not want a fire to start in the stair wells. Administrator Lawell responded that his would require an ordinance change for multi - family districts. Page No. 4523 August 15, 1995 Mayor Mertensotto stated that he feels staff should look at a revision and Council should put it in place before a project starts. Councilmember Smith stated that she shares the concern regarding wood frame construction for structures like the Heritage Inn. She stated that one of the United Property concerns is that they felt it might not be necessary for all commercial development. She stated that if there were an application for a one story restaurant or strip mall the greater standard would be required. Fire Marshal Kaiser responded that he feels strongly enough that the ordinance should be changed so that any future construction would be non - combustible and Council could then allow a variance from that standard should a restaurant be proposed at some future time. Responding to a question from Councilmember Smith about whether the kinds of exemptions which could occur should be limited, he stated Class A occupancies, which includes restaurants, are exempted in the code. Councilmember Smith felt that perhaps the ordinance amendment should specify exemptions rather than including all B/I uses. Mayor Mertensotto stated that as long as Council has the authority to grant exemptions, adoption of the proposed amendment would not be curtailing development. He pointed out that if someone were to come to Council and show that "but/for" the amendment a structure would be built, Council could grant a variance. He also asked staff to look at proposing a similar ordinance change for multi - family districts, for stairwells, etc. Councilmember Krebsbach moved adoption or Ordinance No. 304, "AN ORDINANCE AMENDING ORDINANCE NO. 401." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 DOCK REQUEST Council acknowledged a memo from Public Works Director Danielson regarding a rock path and dock which have been installed in the scenic easement on Copperfield Pond at the Willerscheidt property, 613 Pondview Drive. Council also acknowledged a letter from Mr. Anton Willerscheidt and copies of the scenic easement quick claim deed and easement description including restrictions. Mr. Willerscheidt informed Council that he purchased a paddle boat i in 1990 and built a portable three by eight foot dock which he puts in and out on a seasonal basis so that his grandchildren can get in Page No. 4524 August 15, 1995 and out of the boat safely. He stated that he understands that someone called city hall to complain about the dock this summer. He felt that the pond is there to enjoy, and pointed out that others use it for canoeing, skiing, skating and hockey. He felt that there is no difference between his dock and hockey nets as both are structures. Mayor Mertensotto responded that the dock and path are very nice and of high quality but the problem is that all of the property lines of the homes around the pond run into the center of the pond. He stated that the developer did not retain an easement or convey the pond to the city because the city did not want the liability for pond maintenance, but Copperfield Associates deeded a permanent scenic easement to the city. He explained that by accepting their deeds, all of the homeowners around the pond became the primary beneficiaries of the easement and can rely on its conditions. He did not think the city has any ability to abate the restrictions of the easement, which include a prohibition against permanent and temporary structures in the easement. He stated that he did not think a hockey net would be considered a structure unless it were anchored, although there could be a question of interpretation, but a dock is certainly a structure. He further stated that there are also hard surface improvements within the scenic easement along the Willerscheidt lot. Mayor Mertensotto stated that he believes it would defy logic in interpreting the restrictions such that the dock is not covered. He also did not think the city has the right to amend the restrictions, and if Council could approve the dock it would set a precedent for other structures. Mr. Willerscheidt responded that to him it is a matter of safety - he does not want his grandchildren to fall into the pond. Mayor Mertensotto stated that Mr. Willerscheidt bought the property knowing full well that the easement and restrictions existed, so the safety issue did not occur after he moved to the property. Councilmember Huber stated that it is a situation where if someone were at the site today they would see it is quite grown in, and if they were walking through the reeds, they would hardly where the walk stops and the water begins. He state that Mr. Willerscheidt is just hying to facilitate getting into a paddle boat and someone is offended by the dock and is saying it is a violation of the restrictions. Councilmember Smith pointed out that the city accepted the conditions and only has the right to change one thing and that is the Page No. 4525 August 15, 1995 topography, but no other conditions. She stated that whether or not Council agrees with what is being requested, it does not have the right to allow it. She informed Mr. Willerscheidt that he must get the consensus of the beneficiaries of the easement. Mayor Mertensotto stated that a scenic easement cannot be altered or changed. Councilmember Huber asked if the neighbors agreed to accepting changes to the restrictions, would Council accept that. He stated that it would take the consent of everyone to change the restrictions but the city cannot do so. Mayor Mertensotto stated that the only reason Mr. Willerscheidt is present is because someone objected. He explained that the primary beneficiaries are the people who rely on the restrictions that were placed on their properties and the properties that border on the pond. He further stated that it is the people who live around the pond who benefit and if the complaint came from someone who does not live near the pond, Council still cannot turn their heads. Public Works Director Danielson stated that the first issue is the easement that was granted to the city when the land was developed, and if Mr. Willerscheidt were to clear that hurdle, he would still have to apply for a wetlands permit for the temporary dock. Councilmember Krebsbach stated that she thinks the intent of the easement was that there be a five foot natural shore line around the pond and that it be a common community asset when it was developed. Mr. Willerscheidt stated that he removed the dock a month ago when the complaint was made. SUNFISH LAKE OUTLET Council acknowledged a memo from Engineer Mogan along with a proposed Joint Powers Agreement between the city and Sunfish Lake for the construction and operation of a gravity outlet from Sunfish Lake. Mr. Tim Kuntz, Sunfish Lake City Attorney, and Mr. John Gorter, from Bonestro Engineering, were present for the discussion. Acting City Attorney Michael Duffy informed Council that he has reviewed the agreement and conferred with Mr. Kuntz. He reviewed changes which have been made since the last Council discussion on the agreement. Page No. 4526 August 15, 1995 Administrator Lawell stated that three conditions are recommended, including evidence of easements over private property in Sunfish Lake to allow Mendota Heights access; review and approval of the interim use permit; and funding by Sunfish Lake for up to $500 in Mendota Heights legal fees. Attorney Duffy informed Council that Mr. Kuntz has submitted to him a draft easement which does not include legal descriptions. Administrator Lawell informed the Council that Sunfish Lake Mayor Tiffany has asked that that the city not be required to pay any legal fees since Sunfish Lake is paying its own legal fees. Mayor Mertensotto stated that if there is no reimbursement, the city would be spending Mendota Heights money outside of its taxing district to benefit people outside of the city's corporate limits. Mr. Kuntz responded that the agreement will not be held up for $500, but it is a question of the two communities trying to work out the details. He stated that Sunfish Lake has made the request for the outlet and also asks that it not be charged for legal fees. Responding to a question from Mayor Mertensotto, Attorney Duffy stated that he estimates that the legal fees will be about $500. Mayor Mertensotto stated that if the fees are greater than $500, the city would be underwriting the legal expense to review the joint powers agreement on behalf of Sunfish Lake. Councilmember Huber stated that Council would ask for reimbursement if the request had been from a private concern. He stated that the city is incurring costs for the benefit of Sunfish Lake, and Sunfish Lake should understand Council's position. Mayor Mertensotto stated that Council can approve the agreement this evening, but the issue would remain open - Council needs to know what the costs are if they are to be waived. Councilmember Krebsbach stated that she thinks the condition over reimbursement should stand, and if the expenses are greater than $500, the matter should be brought back to Council. Councilmember Smith asked if all of the Mendota Heights reasonable and determinable costs been covered in the wording of the agreement. Page No. 4527 August 15, 1995 Mayor Mertensotto responded that there is nothing in the agreement to cover the city's engineering costs. Administrator Lawell stated that Mendota Heights can bill Sunfish Lake for the actual costs of operation and maintenance. He informed Council that Mayor Tiffany believes both that Mendota Heights receives some benefit by having the agreement in place and that there is a right under the WMO for Sunfish Lake to construct the outlet. Mayor Mertensotto responded that what is proposed is not part of the natural water course. Councilmember Smith asked what will happen if Mendota Heights reaches capacity, if Sunfish has the right to put its drainage into Mendota Heights. Public Works Director Danielson responded that with the valve on the outlet, which can be opened and closed by Mendota Heights, and if the valve is not open during a rainfall event it will not affect Mendota Heights' capacity at all. Councilmember Huber stated that Mendota Heights is financing its engineering costs and Sunfish should cover all of the Mendota Heights legal costs. He suggested that the city bill Sunfish for all legal fees. Councilmember Huber moved to authorize the Mayor and City Clerk to execute the joint powers agreement subject to the conditions recommended in Engineer Mogan's memo, and to direct bill Sunfish Lake for all legal expenses. Ayes: 5 Councilmember Koch seconded the motion. Nays: 0 LIAISON OFFICER Council acknowledged a memo from Administrator Lawell regarding establishment of a police /school liaison officer. Council also acknowledged a memo from Police Chief Delmont, a memo from the City of West St. Paul regarding cost allocations, a copy of the most current Police Liaison Services Agreement, a draft job description for the position, and a letter from the City of Eagan. Police Chief Delmont briefly spoke about police issues, informing Council on the status of a secure juvenile detention facility and the status of the investigation of a burglary which was recently brought to Council's attention. Page No. 4528 August 15, 1995 Mayor Mertensotto asked what would happen if West St. Paul cannot provide the officer, pointing out that the city would still be obligated to pay. He stated that the agreement should state that if for any reason West St. Paul cannot provide an officer for the entire 1995/6 school year, the reimbursement to West St. Paul will be pro rated to the other parties to the agreement. He further stated that if the function is not taken care of on a full -time basis for any reason, the cost should be pro rated. Administrator Lawell stated that the August 2, 1995 letter from West St. Paul addresses pro ration of the financial contributions because the program cannot start until the end of October. Responding to a question from Councilmember Smith regarding qualifications of the officer, Chief Delmont stated hat he asked that POST certified peace officer be in the agreement so that the individual is not, for example, a community service officer. He informed Council that he has had experience with the police liaison program in the past and will be watching very carefully to see that the program is successful. He pointed out that the officer must relate well to both the students and the faculty. i Councilmember Smith asked if Chief Delmont is concerned that the officer will be employed by West St. Paul but will serve in the Mendota Heights jurisdiction. Chief Delmont responded that he had volunteered to provide the officer several years ago when the issue was first discussed. He stated that he has some serious concerns about responsibility, supervision, how arrests will be made, etc., and he would very much like to have a Mendota Heights police officer be the liaison officer, but at the present time there are not enough officers in the department. It was the consensus to direct Chief Delmont to proceed. TREE REMOVAL Council acknowledged and discussed a memo from Assistant MORATORIUM Batchelder regarding a proposed, less restrictive, tree removal moratorium resolution. The proposed moratorium would restrict clear cutting on large undeveloped parcels and properties which could be subdivided. Councilmember Krebsbach moved adoption of Resolution No. 95- 43, "RESOLUTION ADOPTING A LIMITED TREE REMOVAL MORATORIUM." Councilmember Smith seconded the motion. 1 Ayes:4 Nays: 1 Koch Page No. 4529 August 15, 1995 BUDGET WORKSHOP Council acknowledged a memo from Administrator Lawell regarding the scheduling of a budget workshop for August 29. Council also acknowledged receipt of the proposed 1996 budget. It was the consensus of Council to conduct the workshop at 7:00 p.m. on August 29. COUNCIL COMMENTS Mayor Mertensotto directed staff to schedule a Council/Planning Commission workshop this fall to discuss the T.H. 55 corridor and the Curley property redevelopment. Councilmember Smith stated that Council should look at the cutting and filling provisions of the Zoning Ordinance and perhaps extend the provisions to limit the volume of earth moved on -site as well. Councilmember Koch stated that the Somerset School trail is overgrown and the trees should be trimmed again. Council briefly discussed the North Urban Regional Trail and directed the City Administrator to prepare an update on the status of the trail. Mayor Mertensotto expressed concern about the proliferation of purple loosestrife and asked staff to prepare a report identifying how many sites are infected so that Council can get a measure of what kind or program to put in place to address the problem. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: o'clock P.M. p�t> & ia ccc -roc rte. thleen M. Swanson City Clerk ATTEST: Charles E. 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