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1993-03-16 Council minutesCITY OF MEIVDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of City Council Workshop Held March 30, 1993 Pursuant to due call and notice thereof, a special workshop of the City Council, City of Mendota Heights, was held at 7:00 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:08 o'clock p.m. The following members were present: Mayor Mertensotto, Councilmembers Smith, Huber, Krebsbach and Koch. Staff members present were Tom Lawell, City Administrator, Dennis Delmont, Police Chief and Kevin Batchelder, Administrative Assistant. AGENDA ADOPTION The City Council adopted the blue agenda. POLICE PROSECUTION INTERVIEWS Interviews were conducted with four law firms who were finalists from a Request for Proposal for Prosecution Services. The law firms present for interviews were: 1. Levander, Gillen and Miller 2. Winthrop and Weinstine 3. Karney and Smith 4. Hughes and Costello Each interview consisted of an introduction of the prosecution team and a five minute presentation of the firm's ability and experience. This was followed by a round of questioning from Councilmembers and staff. Interviews were concluded at 9 o'clock p.m. and City Council took a brief recess until 9:05 o'clock p.m. The City Council discussed the interviews, the applicants and their respective qualifications. City Council discussed the bids that had been submitted by each applicant. The City Council directed the City Administrator to place this item on their April 6, 1993 agenda. The Council requested that staff prepare a memorandum for that meeting providing them with a recommendation on which firm should be retained to provide prosecution services effective May 1, 1993. Page No. 3556 March 16, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 16, 1993 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, and Smith. Councilmembers Koch and Krebsbach had notified Council that they would be absent. AGENDA ADOPTION Councilmember Huber moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the March 2, 1993 regular meeting. j ) Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for February. b. Acknowledgment of the minutes of the March 9th Parks and Recreation Commission meeting. c. Acknowledgment of bids received for 1993 street sweeping, and award of the contract to McPhillips, Inc., for their low quote of $57.00 per hour. d. Adoption of Resolution No. 93 -14, "RESOLUTION APPROVING THE PATRICK LOT DIVISION AND VARIANCES FOR LOTS 11 AND OUTLOT A, MENDOTA WOODS," and authorizing the Mayor and City Clerk to execute the developers' agreement. Page No. 3557 March 16, 1993 e. Approval of a letter of agreement between the city and Decision Resources Ltd., dated March 11, 1993, authorizing the Downtown Mendota Heights survey in accordance with the terms of the agreement. f. Approval of the list of contractor licenses dated March 16, 1993 and attached hereto. g. Approval of the list of claims dated March 16, 1993 and totalling $168,541.96. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 AIRPORT PLANNING Council acknowledged a memo and proposed resolution from Administrator Lawell regarding proposed legislation which would curtail the dual track airport planning process. Mayor Mertensotto explained that the matter was placed on the agenda at his request and that he had jointly prepared the resolution with Administrator Lawell. He stated that it is important that Council adopt the resolution to support dual track planning and recommended its adoption and distribution to the Governor and several legislators and metropolitan agencies. Councilmember Huber asked that staff pass information to the Council on when the issue will be before the legislature so that Council members may be present for the discussions. Councilmember Smith moved adoption of Resolution No. 93-20, "A RESOLUTION IN SUPPORT OF THE DUAL TRACK AIRPORT PLANNING PROCESS AS ESTABLISHED BY THE METROPOLITAN AIRPORT PLANNING ACT OF 1989.11 Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 PUBLIC COMMENTS Mayor Mertensotto informed Council of two letters he has recently received. The first letter was from Carl Schneeman, a 12-year old, who felt that street lights are needed in his neighborhood. The second letter was an inquiry regarding the potential for a community center facility. Page No. 3558 March 16, 1993 Staff was directed to respond to the Schneeman letter and to add to the downtown survey a question on the need for a community center facility. PARKS CELEBRATION Council acknowledged a memo from Administrative Assistant Batchelder regarding preparations for the second annual Celebrate Mendota Heights Parks event. Assistant Batchelder explained that he is appearing before Council to publicize the event and to inform the viewing audience that he is recruiting steering committee members to help with the event. He asked that anyone interested in being appointed to the steering committee contact him. Mayor Mertensotto.suggested that the entire City Council should be members of the committee as well as residents and commission members. Administrator Lawell informed Council that a video showcasing Mendota Heights parks, prepared by Cable Administrator Judy Skie- Voss, Administrative Assistant Batchelder and video producer Paul Pieper, received a first place award in its category at a cable awards ceremony held last evening. HEARING - MENDOTA Mayor Mertensotto opened the meeting for the HEIGHTS ROAD purpose of a public hearing on proposed ASSESSMENT ROLL assessments for the Mendota Heights Road improvement project. Council acknowledged the proposed assessment roll and a memo from Public Works Director Danielson. Council also acknowledged a request from Visitation convent for deferment of its proposed watermain assessment. Public Works Director Danielson briefly reviewed the street widening, watermain, storm sewer, street lighting and trail improvement project and the proposed assessments for Council and the audience. He stated that the project is proposed to be financed by the following sources, MSA funding, for a portion of the street widening and trail improvement, the water revenue fund, tax increment financing to support the cost of oversizing the watermain, and assessments. Mayor Mertensotto asked for questions and comments from the audience. Page No. 3559 March 16, 1993 There being no further questions or comments, Councilmember Smith moved that the hearing be closed. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 Councilmember Smith moved adoption of Resolution No. 93-15, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR WATER, STORM SEWER AND STREET IMPROVEMENTS TO SERVE THE PROPERTIES ABUTTING MENDOTA HEIGHTS ROAD (BETWEEN LEXINGTON AVENUE AND TRUNK HIGHWAY 149, IMPROVEMENT NO. 91, PROJECT NO. 4).11 Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 Councilmember Smith moved adoption of Resolution No. 93-16, "RESOLUTION DEFERRING PAYMENT OF A PORTION OF ASSESSMENTS (IMPROVEMENT NO. 91, PROJECT NO. 4),11 deferring the watermain assessment for the undeveloped Visitation Convent property. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 MENDOTA INTERCHANGE Council acknowledged a report from Public PROJECT PLANS AND Works Director Danielson, a letter from SPECIFICATIONS Mn/DOT Project Manager Bruce Libby, dated February 23rd, regarding landscaping, and a letter from Scott Bradley, Mn/DOT Landscape Unit Chief, dated February 25th, regarding the protection of existing vegetation and commitments for additional landscaping on the project. council also acknowledged plans showing the area of tree preservation at the intersection of T.H. 110 and T.H. 55. Mayor Mertensotto informed the audience that action on the Mn/DOT request for approval of the Mendota Interchange plans and specifications had been tabled on February 16th because Council wanted assurances from Mn/DOT that it would save as many trees as possible at the T.H. 55/110 intersection and that it would prepare an adequate landscaping plan. He read both of the Mn/DOT letters for the audience. Mayor Mertensotto stated that Council is looking for a definite commitment from Mn/DOT to address landscaping after the project is completed, and that both letters state that Mn/DOT will definitely be working Page No. 3560 March 16, 1993 with the city on landscaping, which is the commitment that the Council needs. Councilmember Smith stated that Mr. Bradley's letter indicated that bids for landscaping will be let in June of 1995, and that Council will look for some involvement in the landscape planning process in early 1995. Mr. Libby reviewed plans for the Mendota Interchange Project. Mr. Joe Schmitz, owner of the SOS convenience store, asked how reconstruction of the Lexington/T.H. 110 intersection will affect his property. He was concerned that Lexington Avenue construction might affect his underground storage tanks. Mr. Libby responded that most of the work will be at-grade. He reviewed the work which will be done at the intersection, explaining opposing left-turn lanes will be added on Lexington on both sides of the intersection. Mr. Libby explained that Mn/DOT has worked out a plan for the intersection with Dakota County and the city's engineering staff. He informed Council that the median crossing will be widened and that Lexington near SOS will be a 44 foot wide street to about Tom Thumb Boulevard. There will also be right-turn lanes on Lexington at the intersection. He stated that all of the work will be done within the existing right-of-way and that unless the SOS tanks are in the right-of-way SOS should have no problem. He further stated that the opening at SOS is too large and that curb and gutter will be installed as part of the project to reduce the size of the opening onto Lexington. Public Works Director Danielson informed Council that the city's staff has worked with Dakota County and Mn/DOT to come up with a good design. Since Lexington is an MSA road and a County state aid road, MSA will fund 550 of the improvement cost, and Dakota County will fund 450. Councilmember Huber moved adoption of Resolution No. 93-17, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO Page No. 3561 March 16, 1993 SERVE ST. PETER'S CHURCH AND PILOT KNOB ROAD AND WATERMAINS TO SERVE THE SOUTHEAST FRONTAGE ROAD (IMPROVEMENT NO. 84, PROJECT NO. 2C),10 Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 Councilmember Huber moved adoption of Resolution No. 93 -18, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE MENDOTA INTERCHANGE PROJECT (STATE PROJECT 1909 -65; FEDERAL PROJECT NG BRNH022- 1(117) (IMPROVEMENT NO. 84, PROJECT NO. 2C).11 Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 WETLANDS PRESERVATION Council acknowledged a memo from Engineer Klayton Eckles regarding review of the impact of the Mendota Interchange Project plans on wetlands, as required by the Wetlands Conservation Act of 1991. Council also acknowledged a Mn /DOT overall plan -view of the wetlands being impacted by the project. Mayor Mertensotto expressed concern over the ability of Mn /DOT to "bank" wetlands for mitigation on other state projects. Administrator Lawell agreed, stating that Mn /DOT is talking about banking wetlands for use in the seven county metro area, rather than in Mendota Heights. Mr. Libby stated that he is not prepared to speak on the matter, but that in working with the city Mn /DOT has been able to create several holding ponds to save the city money. He further stated that the Mn /DOT will maintain the ponds developed for the interchange project. Councilmember Smith asked if the Mn /DOT holding ponds are sufficient to hold run -off from the additional impervious surface. Public Works Director Danielson responded that they area, that Mn /DOT hydrologists have done the work on the pond plans. Councilmember Smith asked if the ponds will be NURP (Natural Urban Runoff Program) ponds. Engineer Eckles responded that they will not be. He gave Council a brief background on the Page No. 3562 March 16, 1993 Wetlands Conservation Act requirements and the city's designation as the Local Government Unit (LGU). He explained that as the LGU, the city is responsible for reviewing any wetlands or filling activities to see if they meet state law and requirements. By being the LGU, the city's main purpose is to review all wetlands activities and see how they relate to state law - if a property is not exempt from the provisions of the law, a landowner must provide a mitigation program. He stated that the program is currently in a transitional period and is not quite as strict .as as it will be. He informed Council, that as an LGU, the city must review the Mn/DOT plan and make sure that the agency has minimized the amount of wetlands filling to be done and must be sure that Mn/DOT has mitigated on a 1:1 basis. He explained that in the case of the Mendota Interchange Project, Mn/DOT is creating an additional 5.8 acres of wetlands. He agreed that it does not seem right that Mn/DOT can build wetlands in Mendota Heights and get credit for them in another city, but that this is what statute provides. Engineer Eckles stated that all the city must do is to make sure that Mn/DOT has done the minimum. He pointed out that Mn/DOT is building two holding ponds strictly for city use, one at Acacia and T.H. 55 and the other near Big Wheel, and that maintenance of those ponds will be the city's responsibility. As far as NURP, he informed Council that Mn/DOT will likely have to begin building its ponds to NURP standards in the future, but that NURP standards currently apply to development projects. Responding to Council questions, he stated that if Mn/DOT built its ponds as NURP ponds there would be some beneficial ecological affects. He also stated that the use of NURP ponds is a policy staff is proposing to adopt with respect to determining if developments are environmentally sound. He explained that while cities are taking NURP as a policy for development, Mn/DOT has not yet made it a policy. He pointed out that one feature of NURP ponds is that they are quite deep (10 feet), and he did not know if there is a concern over water of that depth near traffic lanes. Page No. 3563 March 16, 1993 Councilmember Huber asked whether NURP ponds are policy or law. Engineer Eckles responded that it is a policy that staff proposes for adoption with respect to determining if developments are environmentally sound, but it NURP is not required by law. Councilmember Smith expressed concern for the future, stating that at some point the city may become responsible for any kind of run-off within the city. She asked for assurance that in the future the city will be able to ask the state to bring its ponds into compliance with any laws in affect at that time. Mayor Mertensotto pointed out that if the ponds are on highway right-of-way, Mn/DOT must maintain them. Engineer Eckles informed Council that the two ponds being constructed for the city were designed before NURP standards, but that they could be re-designed to NURP standards before construction. Administrator Lawell stated that if there is a federal program in the future, he believes the city could determine how much of the run-off is from state property versus city property. He further stated that considerable work was done on the storm sewer system and calculations on how much water comes from Mn/DOT and from the city is available if non- point source pollution becomes a factor in the future. Councilmember Smith pointed out that the terms wetlands and holding ponds seem to be used interchangeably. She asked if there is a better definition on how much wetland will be replaced. Engineer Eckles responded that once the wetlands preservation law comes into full effect, Mn/DOT may not get credit for 5.8 acres (from the interchange project), and may not get any credit because the ponds are classified as storm water ponds and not as wetlands. Most of the ponds will be called storm water holding ponds under the law which will come into affect soon. He felt that as the LGU, the city should say that the project meets the current requirements but that the city questions Mn/DOT's numbers as to what is Page No. 3564 March 16, 1993 wetlands and what is storm water holding ponds. Councilmember Huber noted that Mn/DOT will be taking a .6 acre wetlands area but will not really be creating 6.4 acres of wetlands, yet Mn/DOT proposes to bank some of the acreage which is not really wetlands. Engineer Eckles responded that according to the interim requirements of the Act, the 6.4 acres is accurate, but when the new law comes into affect in six months, it might be determined that the ponds are not wetlands (and Mn/DOT will not get the banked credit). Mayor Mertensotto asked if Lakes Augusta and Lemay have outlets. Public Works Director Danielson responded that there is a control structure on Lake Lemay now, but none exists or is planned in the Mn/DOT project for Lake Augusta. Staff was directed to prepare a letter of Local Government approval of the Mendota Interchange Project for Council consideration on April 6th. COMPREHENSIVE PLAN Council acknowledged a memo from Engineer AMENDMENT (NURP) Eckles regarding a proposed minor Comprehensive Plan Amendment regarding non- point pollution storm water quality standards, which is required by the Metropolitan council. Engineer Eckles explained that the proposed amendment would require that new storm ponds be designed as NURP ponds, which reduce pollution via sedimentation and bio- processing, would require that Best Management Practices be used to minimize erosion from construction sites, and calls for the city to work with the DNR to bring the city's shoreland management controls into compliance with new DNR standards when so requested. Mayor Mertensotto suggested adopting the policy but to delay amending the Zoning Ordinance until the city has some experience with the policy. Administrator Lawell responded that adopting the proposed minor Comprehensive Plan Amendment would certainly make it function as a city policy. He informed Council that if Page No. 3565 March 16, 1993 adopted, the amendment would have to be submitted to the Metropolitan Council for approval. Councilmember Smith asked when the interim procedures will be over and when the actual procedures start. Engineer Eckles responded that this is somewhat different from the Wetlands Conservation Act. While somewhat related, the two issues are separate: the Pollution Control Agency rules for the Wetlands Conservation Act which become effective on July 1st, are different from the Metropolitan Council non - point source pollution standards. He explained that the Metropolitan Council is trying to get cities to reduce non -point pollution, by encouraging adoption of this new policy, because of the problems with the Minnesota River. Councilmember Huber moved adoption of Resolution No. 93 -19, "RESOLUTION AMENDING THE CITY OF MENDOTA HEIGHTS COMPREHENSIVE PLAN TO INCORPORATE LANGUAGE ADDRESSING NON -POINT POLLUTION REDUCTION AND CONTROL," (by reference). Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 STREET LIGHTS Council acknowledged a memo from Public Works Director regarding a proposed street light policy and a request from Mr. & Mrs. Dennis Callahan for a street light in the cul -de -sac on the north end of Warrior Drive, by Henry Sibley High School, for safety purposes. Mayor Mertensotto asked the height of the lights on Mendota Heights Road and in the industrial park. Public Works Director Danielson responded that he believes the Mendota Heights Road lights are 30 feet tall and those in the park are 25 feet tall. Mayor Mertensotto felt that a 30 foot light is too tall for the Callahan area and that the light should not be so high that light gets out to the residential area. Page No. 3566 March 16, 1993 Councilmember Smith stated that she does approve of installing a light for the Callahans but has a number of concerns about doing so before a policy is adopted. She felt that a number of issues have not been addressed in the proposed policy and that it should be more complete, including such things as the amount of light, the impact and what is needed. She stated that Council has not discussed the interval between lights, ways of paying for them, and what a benefit area is (for assessment purposes_. She felt that Council must define all of the issues up front and notify people before any lights can be installed. She further stated that while Council has talked about possibly adopting a design, she wondered whether Council wants a shoebox design as a uniform standard throughout the city. She asked if the light proposed in response to the Callahan request is a shoebox design because it is on a trail, would that become the trail standard light. Mayor Mertensotto responded that the request was to light the dead end cul-de-sac and that his though was to put it on the trail side for dual advantage. He pointed out that the city would pay for the light because it is regarded as a non-residential type of light. Public Works Director Danielson stated that the shoebox design directs the light down, that there are different types of lenses available to produce different light patterns and that the wattage can also be varied. Councilmember Smith stated that she thinks an application form and approval procedure must be established because all residents in an area should have input and there should be pre-set standards to refer to should someone in an area object. Public Works Director Danielson responded that it is proposed that residential lights be assessed, and that public hearings would be required. Mayor Mertensotto clarified that Councilmember Smith wishes to avoid neighborhood problems which could arise where some residents want lighting and some do not. He agreed that there must be a policy on how to deal with the situation and suggested that staff get samples Page No. 3567 March 16, 1993 of ordinances in effect in other communities. With respect to the Warrior Drive light, he felt that it should be the same height and wattage as those in the industrial area and that the lamp should keep the light in a circular pattern to light the cul-de-sac. Councilmember Huber stated that the Callahan request is an isolated instance and that he felt that Council was inclined to install a light but not to use it as a precedent. He pointed out that the area is by the high school, and it is an isolated area near a city walkway, which makes it different from any future requests. He stated that he would be inclined to approve the light and hold off on the proposed policy. Mayor Mertensotto agreed, stating that the light would not be a residential light. Administrator Lawell stated that staff will come back to Council at a future meeting with a specific policy incorporating many criteria which Council can review and change as desired. Councilmember Huber stated that any proposed policy should provide that there must be clear neighborhood support for lighting. Councilmember Smith was concerned about how much light should be cast by the light on the Warrior cul-de-sac. She questioned whether a 25 foot pole is necessary and stated that she is not confident that this is what the residents in the area would want. Councilmember Huber pointed out that homes in the area are set back very far from Warrior. Public Works Director Danielson stated that the shoebox design would be the least disruptive to the neighborhood of any lighting design available. Mayor Mertensotto stated that the light would not be close to a residential area and that the Callahans would like to stop the congregating occurring in the secluded area of the cul-de-sac. He pointed out that the wattage of the light can be changed at any future time if desired. Page No. 3568 March 16, 1993 Administrator Lawell stated that staff will ask the NSP experts to make a recommendation in terms of wattage, lens and height for a Warrior Drive light. Staff was directed to get additional information on the height of the lights in the industrial park and on Mendota Heights Road and prepare a specific recommendation with respect to the Callahan request for the next meeting. COUNCIL COMMENTS Mayor Mertensotto informed Council that he intends to recommend at the next meeting that Councilmember Smith be appointed as the MASAC representative and that he serve as the alternate. He further stated that he will also recommend that individuals acting as representatives of the city on outside committees on a routine basis give the council at least a minimal report on a quarterly basis. ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to the Council workshop scheduled for 7:00 P.M. on Tuesday, March 30th. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 10:00 o'clock P.M. K/athleen M. Swanson City Clerk ATTEST: i K4 Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL March 16, 1993 Asphalt License Northwest Asphalt, Inc. Excavating License D.J. Construction & Excavating Masonry License D.J. Construction & Excavating Gas Piping License Hearth Services Inc. Citywide A /C, Heating & Refrigeration General Contractors License Able Fence Inc. Crowley Company, Inc. Tads Construction HVAC Contractors License Harris Air Systems, Inc. Citywide A /C, Heating & Refrigeration Drywall, Stucco, Plaster License Letendre Taping