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2011-11-01 City Council minutesMendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 1, 2011 November 1, 2011 Page 1 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved to add the Ceremony Recognizing Former Mayor Chuck Mertensotto to the agenda and approve the amended agenda. Mr. Mertensotto served the City of Mendota Heights for over 30 years. Councilmember Vitelli seconded the motion to approve the agenda as amended. Ayes: 5 Nays: 0 RECOGNITION OF FORMER MAYOR CHUCK MERTENSOTTO Mayor Krebsbach explained that Mr. Charles E. Mertensotto was the mayor of Mendota Heights from 1986 to 2002 and served for 14 years before being elected mayor on the city council. Mr. Mertensotto passed away on October 25, 2011. Mayor Krebsbach asked for all present to observe a moment of silence in his honor and offered afterward anyone wishing to could come to the podium and give a tribute. APPROVAL OF THE MINUTES OF THE OCTOBER 18, 2011 CITY COUNCIL MEETING Councilmember Vitelli moved approval of the minutes of the regular meeting held on October 18, 2011. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council CONSENT CALENDAR November 1, 2011 Page 2 Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items E) Approval of a Sign Permit for 750 Main Street, Suite 110, Robin's Nest; G) Adoption of Ordinance 439, amending title 12 of the Mendota Heights City Code pertaining to flood districts a. Acknowledgement of the October 19, 2011 Airport Relation Commission Meeting Minutes b. Acknowledgement of the September 25, 2011 Planning Commission Meeting Minutes c. Acknowledgement of the October 2011 Building Activity Report d. Acknowledgement of the September 2011 Treasurer's Report e. Approval of a Sign Permit for 750 Main Street, Suite 110 — Robin's Nest f. Approval of "AMENDMENT TO REVISED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION FOR THE LOWER MISSISSIPPI RIVER WATERSHED" g. Adoption of Ordinance 439 amending Title 12 of the Mendota Heights City Code pertaining to flood districts h. Approval of a purchase order for City Hall carpet installation project i. Approval of the 2011 Audit Engagement Letter j. Approval of the City Administrator Employment Contract k. Approve the Contractors List 1. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT AGENDA ITEM E) APPROVAL OF A SIGN PERMIT FOR 750 MAIN STREET, SUITE 110, ROBIN'S NEST Mayor Krebsbach expressed that since Mr. Fefercorn was in the audience council wished to give him an opportunity to speak about the new business in the Village. Mr. Ross Fefercorn of RMF Group explained this would be the third women's apparel store in The Village of Mendota Heights that has opened in the last several months. Robin Shaw, the owner of Robin's Nest, is a graduate from design school and her boutique will feature her own designs, her own apparel that will be sold in the market place regionally. The clothes range from casual to women's formal wear. Ms. Shaw has invested in a very expensive piece of equipment that basically scans ones body and creates unique patterns. So for jeans, tops, blouses, dresses, or skirts she will scan the shopper and then her vendors, who make the clothing, will ship it directly to the shopper and it will fit perfectly. Mr. Fefercorn also stated that almost 75 percent of the businesses at The Village of Mendota Heights are female owned. The Village will have the annual tree lighting event the first week after Thanksgiving on Saturday evening. Mendota Heights City Council November 1, 2011 Page 3 Councilmember Duggan moved to approve a Sign Permit for 750 Main Street, Suite 110, Robin's Nest. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 ADOPTION OF ORDINANCE 439, AMENDING TITLE 12 OF THE MENDOTA HEIGHTS CITY CODE PERTAINING TO FLOOD DISTRICTS Assistant to the City Administrator Jake Sedlacek explained that the Federal Emergency Management Agency (FEMA) has adopted brand new flood maps for the entire nation, so all of Mendota Heights is now going to be covered by flood maps. For this community being very high geographically, most of those maps are unprinted; which is a nice way of saying `we are noticing that you have a flood map but you are not in any flood zone'. The one benefit to all residents with this new mapping is that anyone who wants to get flood insurance now can tell their insurance agent what their flood map number is. So for people who are concerned about inland flooding, it is a benefit. A portion of this ordinance is to adopt the FEMA flood map. The majority of the ordinance however is to put forth rules of development in the flood plain and the flood fringe. There is one lot in the City of Mendota Heights that could potentially be developed, which is in the flood fringe, with a 0.2 percent chance of flooding annually. Formerly that was referred to as a 500 -year flood plain. Staff tried to convince the DNR that since Mendota Heights has no land that can be developed in the flood plain that perhaps the city could get by with a lesser ordinance. However, the DNR is strongly recommending that the code be passed as presented. Mayor Krebsbach explained for the residents of Mendota Heights that they are not in the direct flood plain. The only risk of flooding is considered urban flooding, which could be stormwater sewer. Councilmember Duggan asked if there is any application of this in relation to the Comprehensive Plan. Mr. Sedlacek replied that a majority of property that is covered by this is state park, which is un- developable. The one parcel Mr. Sedlacek referenced is zoned and guided as residential, and is a lot that is covered by this. The code does fit within the Comprehensive Plan and it fits with existing code. Councilmember Duggan moved to Adopt Ordinance 439, Amending Title 12 of the Mendota Heights City Code Pertaining to Flood Districts. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) INTRODUCTION OF NEW CITY ADMINISTRATOR, JUSTIN MILLER Mayor Krebsbach announced that the council has approved the hiring and the contract for Justin Miller, its new city administrator. Mr. Miller will start on December 28, 2011 and the first meeting that he will attend as administrator will be January 3, 2012. Mayor Krebsbach, on behalf of the council, welcomed Mr. Miller and asked him to introduce himself. Mendota Heights City Council November 1, 2011 Page 4 Mr. Miller expressed his appreciation and excitement at joining the City of Mendota Heights as the City Administrator. Mr. Miller is currently the City Administrator of Falcon Heights and has been with them for the past five years. Previous to that he was the Assistant City Manager in Chanhassen for four years and spent some time in the City Manager's office in Des Moines, IA. He is originally from Texas and graduated from the University of Kansas with a master's degree. His wife, Dianne Miller, is the Assistant City Administrator of Eagan, where they live with their two children. Councilmembers made expressions of welcome to new City Administrator Justin Miller. PUBLIC COMMENTS Ms. Rita Lahtonen expressed her appreciation to Assistant City Engineer Ryan Ruzek and Public Works Director John Mazzitello for their responsiveness to her phone calls and e -mails in the past year about everything that has been going on in her neighborhood of Wagon Wheel Trail. She did not support the project and said if she had to do it again she still would not support it. She also thanked the contractors for being responsive. She stated whenever she had a question everyone was always very helpful. Ms. Lahtonen expressed her appreciation to Mr. Mazzitello for presenting the bump out plan for the parking, as the original plan of three lanes really would have created a problem with high speeds in the area. Even though she is still not happy, she is happier than if there would have been a three -lane highway out there. Ms. Lahtonen continued by stating that people are already speeding along there even with the construction equipment out there. She is hoping this is something that can be addressed. She is not looking forward to the assessments which look like they are going to be $8,500. She said one benefit of this was that she got to know the neighbors. Ms. Lahtonen is mourning over the trees that were lost that she knows will never grow back in her lifetime and stated the country feel is gone because of the curb and gutter and the wider road. And she mourns the $8,500 that she would have been putting in her retirement fund. She commented that she is aware that Mendota Heights has parking restrictions in the winter and wondered what the situation is on the bump outs; and asked if they would be able to park there or not. Councilmember Duggan, in response, stated there is a citywide ordinance restricting parking from November 1" to March 31 st, and residents cannot park on the street between 2:00 a.m. and 6:00 a.m. and that does include bump out areas. Mr. Scott Miller approached the council with regards to Wagon Wheel. He expressed his concern that there is no path continuing from the freeway bridge to Lexington. Approximately one and a half weeks ago he witnessed a person almost get hit. The path is very, very narrow now. There are a lot of people that live in the apartments that bring up their babies and strollers who go up the street to Wagon Wheel Park. The problem was there before but when it was wide, people were able to move out of the way. Right now it is a very dangerous situation and he would really like it to be addressed yet this fall and to continue the path from the freeway bridge to Lexington as soon as possible. Mendota Heights City Council November 1, 2011 Page 5 Councilmember Petschel asked for clarification in her understanding that the path could not be continued to the other side of 35E to Lexington because the first house on the other side of 35E has no front yard and there is no place to put a path. Mr. Mazzitello replied that when the initial proposal for the Wagon Wheel reconstruction came forward, it did show a trail from the 35E Bridge over to Lexington on the north side of the road. During the neighborhood meetings and the public hearing held before council, the residents that lived in that area requested that the portion of the trail not be included in the project because they felt it would be intrusive upon their front yards. The plans that staff presented, as the original design, showed that the trail would be no closer to the homes than the old pavement of Wagon Wheel was at the time. Still, those residents requested that portion of the trail be removed and with council's ultimate approval, it was removed. PUBLIC HEARINGS A) PUBLIC HEARING FOR ASSESSMENT WAGON WHEEL TRAIL RECONSTRUCTION PROJECT Assistant City Engineer Ryan Ruzek explained that this public hearing is to consider the special assessment for the Wagon Wheel Trail Project. The project did consist of three separate treatments on four different streets: ® Mill and overlay on the cul -de -sac of Alice Lane; assessment of $1,190.19 ® Complete pavement replacement of Swan Court, Rogers Court, and Alice Lane; assessment of $2,347.29, which is less than what was proposed initially of $2,515.06 ® Entirety of Wagon Wheel Trail; assessment capped at $8,500 Mr. Ruzek shared a map of the project areas, with some sections being repayable over a 10 -year period and the assessments for the Wagon Wheel Trail reconstruction being repayable over a 19 -year period. He also explained that the assessments could be paid in full at city hall within 30 days of the approval date. After that point, they will be forwarded to the Dakota County Assessor where they could be added to property taxes for 2012. Mayor Krebsbach opened the floor for comments and questions from the public about the street reconstruction and specifically about the assessments. Mr. Gary Mansfeldt of 839 Wagon Wheel Trail, asked what the interest rate would be on the assessment amount. Mayor Krebsbach replied that she believes it is 6 percent to which Finance Director Kristen Schabacker confirmed. Mr. Scott Miller of 1021 Wagon Wheel Trail stated that they would like to appeal one of the assessments on one of their parcels. Mr Ruzek provided a view of the three parcels owned by the Millers. Mr. Miller agreed to submit the paperwork to City Clerk Sandie Thone in reference to the proposed assessment of parcel 27- 16400 -00 -100. The referenced property was pictured and actually consisted of two of the three lots owned by the Millers and included two lots not housing the primary residence of lot one; 50 by 200 foot lot and lot two: 50 by 450 foot lot, combined into the one referenced property. He continued that since the meetings last fall they have been significantly concerned about the proposed assessments to their property resulting from the new configuration and upgrading of Wagon Mendota Heights City Council November 1, 2011 Page 6 Wheel Trail. They understand the need for improvements such as this to their city and are willing to pay their fair share; however, the intention to assess their single family home, where they have lived for 28 years, as two separate parcels distresses them greatly. They believe it to be an unjustifiable burden, which has come about from an uncritical review of the parcel map. For many years, they have marveled every six months how it could be possible that they pay property tax on three separate parcels when clearly there is no easy way to divide or build on any of them but for the one they live on. Part of it has to do with the way the farms were cut up long ago and the naming of parcels after children, example Caroline's Lot. In any case, available maps of their property lines do not take into consideration what happened to the topography of the land in the early 1980s when the freeway was built. Construction of 35E required that Wagon Wheel be raised from essentially only a few feet above the lake and surrounding land to form a bridge over 35E. What was once their fairly flat south - facing piece of land was transformed into a flat piece of land with a huge hill at the south end, culminating in a roadway to make the overpass. The parcel maps do not reflect this change. Over the years, the hill has gotten steeper as the dirt deposited by the state to create this overpass has settled. These last few years, it is almost too steep now to even mow without risk. At one time it was good for sledding and snowboarding but now it is even too steep for that. Expert snowboarders might make a run at it from time to time. Council and staff are welcome to come and view the property at any time. Mr. Miller shared a copy of the map showing where the hill is on their parcel and stated it is very close to the freeway bridge. Mr. Miller continued by stating that another thing to consider, the property under consideration, also known as Caroline's Lot, is narrow at the point where it meets the road. In fact, it is only 50 feet across. Last time they checked, the City of Mendota Heights required a minimum of 100 feet of frontage for a saleable, buildable lot in Mendota Heights. This would constitute this lot as a flag lot, which he understands is not accepted by this community for building. Therefore, the City of Mendota Heights is proposing to assess full value for this lot despite the fact that it has less than 100 feet of frontage and surely no city engineer would allow access onto Wagon Wheel so close to the freeway bridge and with the steepest grade on their property, which is approximately 15 feet. Based on these facts, they strenuously object to the assessment on this piece of property as a fully accessible and buildable lot. They assume that, as reasonable persons, staff and council would agree. In the meantime, while staff and council consider their arguments, they will be filing a request with Dakota County to merge all three of their parcels into one. They assume their request will be granted as a routine matter within a matter of a few days. Following that change, the potential to assess that parcel as separate will not be possible. They therefore request an extension on the assessment until the county has combined all of their lots, thus negating the assessment on parcel 27- 16400 -00 -100. The document was submitted to City Clerk Sandie Thone and was signed by Scott Miller and Phyllis Zaikaner Miller. Mayor Krebsbach requested City Attorney Tami Diehm to explain how council would proceed with this. Attorney Diehm replied that council has a couple of options. If someone objects to an assessment, the council has the ability to make a change to the assessment roll. Otherwise the objection is presented to staff and that preserves the residents' right to follow the procedural steps, which are necessary to appeal that assessment. Mendota Heights City Council November 1, 2011 Page 7 Mayor Krebsbach, for clarification, asked if the resolution is passed and their extra lot is included, could their appeal still have affect. City Attorney Diehm confirmed that this is correct. Mayor Krebsbach assured Mr. Miller, based on what City Attorney Diehm stated; that if council approves the resolution his appeal still goes forward. Mayor Krebsbach asked whether the appeal would be considered by staff. City Attorney Diehm answered no, the appeal would not be considered by staff. Instead, City Attorney Diehm explained that there is a statutory procedure that is followed in order to appeal an assessment and Mr. Miller's first step is to inform staff and council of his objection, which he has done this evening. Mayor Krebsbach asked if there would be any findings by staff on this. City Attorney Diehm indicated that if council is looking for additional recommendations from staff, council needs to ask for that information this evening or table the matter. Mayor Krebsbach asked if staff wished to comment on this. Mr. Ruzek replied that, at the time the assessments were generated, there actually was 100 feet of front footage as the Millers have a 50 -foot by 200 -foot lot and a 50 -foot by 450 -foot lot, which combined equal a 1.2 -acre lot. Based on staff's opinion, it is a buildable lot. If the lots were combined prior to the assessment, the property would have only received one assessment, using the unit assessment policy. Mayor Krebsbach asked who would make the determination on this. Mr. Ruzek replied that, in the past when there have been appeals, staff has done a memo and resolution at the following council meeting for council to act upon. City Attorney Diehm stated that there is a very specific procedure that needs to be followed, the first step of which is noting the objection for the record. City Attorney Diehm indicated that staff will follow the proper procedure and if there is anything that needs to come back to the council, staff will do so. Councilmember Duggan stated that he had spoken with Mr. Miller. The majority of the people he spoke with are very happy with the improvements being made on Wagon Wheel. Yes, the trees are a loss but the city can plant more trees. They are very concerned with the fact that the speeds seem to not have really diminished yet, but there has not been any striping done, which he believes will make a difference. Councilmember Duggan asked whether the lots owned by the Millers are recorded as less than standard size to Dakota County and how many tax statements the Millers receive from the county. Mr. Miller indicated that they receive three tax statements. Councilmember Duggan stated that the Millers are working with the county to get that down to one statement down the line. He then asked, going forward if one of these lots should be excluded from the approval tonight until such time, or is that part of the procedure going forward. Mr. Mazzitello replied that the Millers own three lots. Under the technical interpretation of the city's street policy, the city could assess all three lots. Because the two 50 -foot wide lots at the frontage of Wagon Wheel are considered undevelopable, but if combined would be developable, the city is proposing two assessments instead of three. So the lot that is the primary residence and the lot that is kind of shaped like a warped frying pan are the two lots being assessed, and the small 50 by 200 foot lot is not being assessed. If the resolution is passed this evening and the assessments are levied, combining the lot lines would combine the assessments. Mayor Krebsbach stated that the assessment would then be $17,000. Councilmember Duggan asked for confirmation that there would be no savings to the Miller's by combining these into one lot. It was indicated that this is correct. Mendota Heights City Council November 1, 2011 Page 8 Councilmember Duggan asked, going forward, if the Millers can defer this. Councilmember Duggan indicated that — the size of this property — and perhaps this is what they were thinking back 20 years ago — put a road in the middle of that and a little cul -de -sac road and could probably have four or five houses eventually, which they might not want to do but it seems to him that would be ideal when they combine all of that space. He inquired if that would be the time when that assessment then would impact them. Mayor Krebsbach stated that council does not customarily do any designing. Councilmember Duggan stated that he is not designing he is asking a question. If the Millers can defer assessment, which is their request in part, he is just trying to get clarification. Mr. Ruzek replied that the Millers are appealing the assessment, not requesting a deferral of the assessment. Mayor Krebsbach stated that her understanding of the process tonight is that the Millers have started the process for the appeal; they understand that they are included on the assessment list, the council will approve the full list, but because they started the process it will continue past this evening. Then the next step is really working more closely with staff. City Attorney Diehm replied that what needs to be clear is that what council is doing tonight is adopting the assessment. If council does not make any changes to the proposed assessment, which the proposal is what is recommended by staff, the Millers have the right, just as any resident does, to appeal the decision of this body. That means that the Millers need to file certain paperwork. It is a judicial process where they work through the courts, and then it will be handled in the same way that the city handles any other appeal. City Attorney Diehm stated that she wants to be clear that that this is not coming back to staff; the Millers will not come back and sit down with Mr. Mazzitello or Mr. Ruzek. Mayor Krebsbach commented that it was stated earlier that it would come to council in a resolution at another meeting. City Attorney Diehm replied that if certain steps are taken in the appeal process, the council may be required to act upon those actions in a resolution. Ms. Phyllis Miller of 1021 Wagon Wheel Trail, stated that it is her understanding that they thought this would be a good first step to let council know that they are unhappy with this double assessment. She now understands that doing that triggers a court process, which is now clearly going to take time and money on their part. She does not know how much time or how much money, but that is what they are now locked into by virtue of having given the council their statement. She asked for confirmation of her understanding. City Attorney Diehm replied that she is partially correct. The important thing for the Millers to know is that in order to preserve all of their rights, tonight they need to provide a written notice or appear at this hearing, which they have done. So whatever decision the council makes tonight, the Millers will not lose any of their rights. Their request to the council tonight is to ask the council to reconsider the assessment. The council can either choose to reduce the assessment or not reduce the assessment. If council chooses not to modify the assessment, then staff, meaning herself and Mr. Mazzitello, would be happy to sit down with the Millers and make sure they understand what those next steps are and options. The Millers are not "locked into' anything. They just retain the right to pursue an appeal, if they so choose. The Millers can always decide not to continue the appeal at any step. Mayor Krebsbach asked for confirmation that what is decided tonight, if council decides not to remove them, is that the Millers are assessed for two lots. City Attorney Diehm confirmed that this is correct. Ms. Miller asked if it is correct that if this gets tabled tonight their assessment stands and onward they go with this court proceeding. City Attorney Diehm replied that she does not have the actual statutory Mendota Heights City Council November 1, 2011 Page 9 language in front of her this evening but it is a procedure whereby the body is notified and then it is up to the property owner to take the next step. City Attorney Diehm indicated that she believes the next step would be to document the objection in a formal filing. She can direct them to the appropriate provision in the state statute for them to review. Councilmember Povolny stated that it is his understanding that the Millers file the petition and they can repeal the petition at any time, if they decide they do not want to go forward. What the Millers did tonight was okay, but they have the right to discuss it with staff or with their own counsel, and they have the right at any time to stop. Ms. Miller stated that she is still unclear if the council is intending to make a decision tonight or if this is going to just slide on by. Mayor Krebsbach replied that council has not made a decision on that yet because this is still in the public hearing phase. Council will determine if they are going to address the Millers situation separately or if the Millers assessments as they stand will stay on the list. However, right now the Millers assessments are included on the list. Councilmember Vitelli moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach stated that council has a resolution before them ordering in the assessments as listed and that there is a separate resolution recognizing a particular parcel in which the assessment will be deferred until such time as the property owner chooses to sell her property. Councilmember Duggan asked on the Miller situation, is it possible to remove that and approve all of the others until such time as they can receive clarification from the legal people as to what is happening so that they will know, going forward. He gets a sense that he really does not know now himself and he does not believe that the Millers know going forward what may or may not happen. He does not want to hold up the rest of this process so he is wondering if the council can recognize that these two pieces of land, as identified, should be removed from this. City Attorney Diehm replied that the important thing for council to decide tonight is whether or not they agree with staff's recommendation that this be assessed as two parcels. If council does not agree that it should be assessed as two parcels, then council should exercise their authority to change that assessment. If council does agree with staff's recommendation then there is really nothing that would cause them to delay because the property owner's rights are triggered upon the council's decision. The council should make the decision and move forward. Whether or not council can legally remove a couple of parcels individually from the assessment roll, she thinks they probably can. Council would need to take that up then at the next order of business and be sure that those are appropriately forwarded on to the county at that time. Mayor Krebsbach asked what would be the net effect if the council were to put the particular assessment on the agenda for the next council meeting. City Attorney Diehm stated that she believes council can do this; the question would be whether or not it triggers a different notice provision in terms of how much time the property owner has to pay the assessment. The question then for Finance Director Kristen Mendota Heights City Council November 1, 2011 Page 10 Schabacker would be whether or not the county can process that separately or whether the county would require it all to come at once. Ms. Schabacker replied that the county does have a deadline; therefore staff has 30 days from tonight to hear from anyone who wishes to prepay their assessment, and that gives staff enough time to get that information to the county so that those people who have not prepaid their assessments can get them certified to their property taxes. So delaying it might push staff past the deadline they need to get that information to the county. Mayor Krebsbach asked if council had any interest in pulling the Miller property. Councilmember Duggan suggested pulling the one property as they are obviously going to pay the assessment on the one that they live on and pull the one that they are challenging until council gets more information as to their legal rights and position. Mayor Krebsbach stated that she has never been part of an assessment where council actually pulled a piece of property separate from the rest and she would not be in favor of this. Councilmember Vitelli commented that, first of all, there is a process for the Millers to appeal. He feels that council would be responsive if they went to the trouble of combining the lots; it is his guess, that council would support a single assessment. Councilmember Vitelli recommended that council pass the motions as set forth, which include an assessment on all parcels, and encourage the Millers to file an appeal; to him that is the simplest way. As long as he is assured that the Millers can file an appeal, and that process does not cost them a fortune. City Attorney Diehm replied that she could look up that procedure now if council would like to table this and move on. She does not know what the filing fee is. Mayor Krebsbach asked City Attorney Diehm to obtain that information and council would table this for the moment and go on to the next item on the agenda. Councilmember Vitelli stated that Mr. Miller is a very thorough gentleman, as everyone knows. He asked if they happen to know the cost to appeal. Ms. Miller replied that staff was kind enough to send a letter regarding their appearance here tonight and part of that letter states "an owner may appeal an assessment to district court pursuant to Minnesota Statute Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city" and then 10 days after today, they need to serve it somewhere else "however, no appeal may be taken ..." and then they are pointed to Minnesota Statutes 435, 193, 194, and 195. Councilmember Vitelli asked if they plan to initiate a combining of their three lots as part of this appeal. Ms. Miller replied that if it would be useful to them, certainly. She continued by stating that it seems like an exercise in futility if it would not. They suppose it would make it easier to pay property taxes, and if they decide to sell, the property description will not be nine pages long. However, whether it is one piece, two pieces, three pieces, or eight pieces does not make any difference they do not know why they would bother. It seems to make the most sense to do that. Those two individual pieces, 50 feet across each and even if they are 100 feet it is almost straight down. It is a cliff no one in their right mind would jump off of. They still don't understand how it could be deemed as a buildable lot with access to Wagon Wheel even if it was 130 feet. It is just not logical. They are unsure of what to do or what their best course of action would be; if combining the two lots were best and then thinking they would have the appeal on top of that. Mendota Heights City Council November 1, 2011 Page 11 Councilmember Vitelli asked about the Millers combining all three parcels into one. Ms. Miller indicated that is what they would do. Councilmember Vitelli then asked if they are thinking that then the assessment would be one assessment. Ms. Miller replied that is what she would like to know. Mr. Mazzitello replied that all of the assessments for this project are on unit basis, not on front footage assessment. So each lot is assessed the same amount regardless of their frontage. If the Millers were to combine all three lots into one, and their appeal is unsuccessful, the two assessments will be merged onto the one combined parcel. If their appeal were successful, they would only have the remaining assessment for the lot that is their primary residence. A point of fact that has not yet been brought up is this issue was discussed earlier this year in the neighborhood meetings and in the first public hearing held on this project. It was explained to the property owners they were being assessed two instead of one; because if the 50 by 200 foot lot were combined with the odd shaped lot with 50 foot frontage, they would have a 50 by 200 foot developable area that could be built on. If all three lots are combined into one lot, it becomes a property that could be subdivided. Ms. Miller replied that when they met here last fall and were told that they would be assessed twice and they stated that they had a real problem with that and it really was not buildable, the response they received was not in any kind of suggestion as to what they could do or what options they had. They were just told repeatedly to wait until next fail and they would get their chance. They have been waiting a year wondering what would be their best course of action, should they combine the lots, should they not combine them, would it make a difference, would it help, what would be their most reasonable and logical way of setting their case. Right now, it is at best confusing. Mayor Krebsbach asked if they understand the process. Ms. Miller replied that they understand that when they leave here tonight they have to start filing papers and figuring out where they have to go next, figuring out what their deadlines are, and no decision is going to be made tonight. It sounds like whether they combine their properties or do not combine their properties, staff wants them to pay two. Mayor Krebsbach stated that council would make a decision shortly in terms of the assessment and whether they are included in those or not. After that the Millers would need to take action based on that decision, if they are in the assessment they have the right to appeal; if they are not in it then council would look at it as a separate matter. Mr. Mazzitello replied that staff is recommending two assessments for three parcels, all privately held by the same owner. Mayor Krebsbach inquired whether City Attorney Diehm had located the price of filing an appeal. City Attorney Diehm replied she did not have the information although she believes that the property owner does have the proper information. The Millers have quoted the appropriate sections of the state's statute therefore City Attorney Diehm believes they understand the process. Again, that is to preserve their rights by presenting a statement here tonight, and then there are very clear steps that need to be followed to appeal the assessment if approved by the council. In terms of the question about combining the lots, if the lots are combined or if that is part of what council considers in their decision, council needs to recognize that those lots could later be split apart. Under the city's current code, the property could be subdivided. Councilmember Duggan stated that he believes that the key may be, in part here, is whether the two lots to the east are developable and based on the statements made by the Millers they are not certain that they Mendota Heights City Council November 1, 2011 Page 12 are. Councilmember Duggan stated that he did drive by it today and it is steep. In coming out of there he stated there is almost a blind spot if anyone wishes to make a right -hand turn to get onto Wagon Wheel at the bridge area. Councilmember Duggan suggested that it would not be unreasonable for council to find out if is it a workable lot that staff is proposing they be assessed on; if it is not a buildable lot then he does not think they should be assessed. Mr. Mazzitello replied that if he could dwell on his experience as a land developer before he came and joined the fine team here at the city — that is a developable lot. Things can be done with grade, retaining walls, and utilities to provide a space large enough to build a substantial home on the 100 by 200 foot portion that abuts Wagon Wheel. Mayor Krebsbach asked City Attorney Diehm if council pulls the Miller's property out and addresses it at their next meeting, is that something that council has the right to do and would it change their assessment. City Attorney Diehm answered that it would not change the assessment; the concern she has is with what the finance director stated in that given the timing council has from adopting the assessment roll and working with the county that she is not confident that staff can separate that out and treat that separately in the timeframe. Councilmember Vitelli expressed his desire to approve these assessments with the one exception; stating his reasoning in that there is a process in place to appeal this. Councilmember Vitelli moved to approve A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE WAGON WHEEL TRAIL NEIGHBORHOOD IMPROVEMENTS Councilmember Petschel seconded the motion. Ayes: 4 Nays: 1 Councilmember Duggan stated that he does not think he can support the motion because council should find out more. He is sorry that there is a deadline. If council were to approve everything except the Miller property, it does not impact anything but Dakota County in relation to all of this other than the one piece of property. He is not sure council can get an answer in 10 days or by the next council meeting to get it included in the agenda. That would be up to the Millers to work posthaste to find that out. Mayor Krebsbach asked if anyone on staff wished to make a comment. Mr. Mazzitello stated, with all due deference and respect, there is no more information to learn. It is a developable lot. Councilmember Duggan moved to approve A RESOLUTION DEFERRING THE MAKING OF ASSESSMENT AS TO THE PROPERTY LOCATED AT 870 WAGON WHEEL TRAIL. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 UNFINISHED AND NEW BUSINESS A) APPROVAL OF AMENDMENTS TO "CONTRACT FOR WATER SERVICE BETWEEN THE BOARD OF WATER COMMISSIONERS AND THE CITY OF MENDOTA HEIGHTS" Assistant City Engineer Ryan Ruzek explained that St. Paul Water contacted the city over a year ago about this amendment and the actual board and every other community, except Mendota Heights, has Mendota Heights City Council November 1, 2011 Page 13 passed it. The board contacted staff last week asking for approval of the amendment. The amendment will make the connection for the fire department speedier and easier so they will not have to install a separate connection to fire hydrants before connecting their hoses and equipment. The fire department is recommending this change but it is not a necessity. However, since the city does operate on the St. Paul water system, staff would like to maintain consistency throughout the entire St. Paul water system. Councilmember Petschel commented that in reading the contract it says that the cost is minimal because when new hydrants are installed that it will have this new Storz connection on it. She then asked how frequently the hydrants are replaced. Mr. Ruzek replied that generally they are replaced during street reconstruction projects. In the wintertime there are usually some that will get hit by cars or snowplows and will need to be replaced. So there are approximately 20 a year that are replaced. Councilmember Petschel asked how many hydrants the city has. Mr. Ruzek replied that he does not have that number off hand. Councilmember Petschel stated this looks to her like a project that will occur over a number of years; later rather than sooner. Mr. Ruzek replied that the initial proposal was to replace or update every hydrant in town and that would have been a major expense. Mendota Heights and West St. Paul both sent letters objecting to that amendment. Mayor Krebsbach asked if that means the city would have two kinds of hydrant connectors for a period of time. Mr. Ruzek answered that currently the fire department has a Storz connector but it has a threaded end, so they actually have to thread on a Storz connector and then connect their equipment. The hydrants usually have three connections on them. One of the connections will be a Storz connector for them to connect directly to. The other two will remain the existing threaded connections that they are today. Mayor Krebsbach asked if this is a recommendation from the chief to approve this. Mr. Ruzek confirmed that this is correct. Councilmember Duggan moved APPROVAL OF AMENDMENTS TO "CONTRACT FOR WATER SERVICE BETWEEN THE BOARD OF WATER COMMISSIONERS AND THE CITY OF MENDOTA HEIGHTS" Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) DISCUSSION OF 2012 COMMISSION APPOINTMENTS AND OPENINGS Mayor Krebsbach listed the following points: • Appointments for commission and advisory boards will continue into the next calendar year. • In reviewing the attendance schedules, everyone has been attending. The standard is that one would miss no more than one -third of the meetings and everyone is in compliance. • Public notice has been made for openings in the Lower Mississippi Watershed Management Commission and Gun Club Lake — no one has come forward to date. • Former Councilmember Mary Jeanne Schneeman would like to be reappointed; she has good attendance. Mendota Heights City Council November 1, 2011 Page 14 • Someone is needed to fill the seat of Larry Craighead who is not seeking reappointment. Mayor Krebsbach made an additional point of discussion; Steven Commers is not seeking reappointment. Councilmember Duggan moved to approve the reappointment of all those commissioners wishing to be reappointed. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Povolny commented that every two weeks it seems like the people that come here are concerned about the speed on their streets. He expressed to be considerate of other people's neighborhoods, the speed you drive, and watch out for the kids that live there. Councilmember Petschel commented that there should be a special christening ceremony when the speed cart arrives. Councilmember Duggan wished to acknowledge the fact that he did invite Jim Loslaben, Mike Dwyer, and Bob Lockwood for this evening's commemoration for Chuck Mertensotto and they were not able to be here, but would have been here if they could have. Councilmember Duggan also commented that most people are saying it was a fabulous bonfire. He understands that a few businesses were not happy with the aftermath of the bonfire, which can happen in any community. He also believes there is a big dance coming up next weekend, November 12. 2011 is the Fireman's Ball at Royal Cliff. Mayor Krebsbach commended the staff for working very hard; they have done a great job through this whole transition interim period. She also asked Mr. Mazzitello to give an update on Highway 110. Mr. Mazzitello commented that next year is going to be a busy year in the vicinity of City Hall. MnDOT informed him in October that Highway 110 from approximately Carmen Lane to Lexington Avenue is going to be resurfaced next summer. Along with that they are going to be doing some crack repair between Lexington and Highway 13. Also, Dakota County is planning on overlaying Lexington Avenue; this is an overlay, not a reconstruction. They are going to be overlaying Lexington from Highway 110 south to Mendota Heights Road. Also, this spring the city received a grant from Metropolitan Council for intersection improvements at Dodd and 110 for pedestrian safety. Those construction funds are in fiscal year 2013 so during the calendar year of 2012, staff will be bringing a consultant on board to help them with the design of those improvements so they can be completed in time to bid them over the winter, between 2012 and 2013, so the contractor will be ready to go as soon as the ground is thawed in 2013. Mendota Heights City Council November 1, 2011 Page 15 CLOSED SESSION TO DISCUSS ONGOING LITIGATION Mayor Krebsbach stated that the purpose of the closed session is to discuss litigation that was commenced by Mendota Mall Associates against the City of Mendota Heights. Councilmember Duggan moved to adjourn to Closed Session to Discuss Litigation in re: Mendota Mall Associates, LLP v. The City of Mendota Heights. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Present at the closed session to discuss ongoing litigation between Mendota Mall Associates, LLP v. City of Mendota Heights were Mayor Krebsbach, Councilmember Duggan, Councilmember Povolny, Councilmember Petschel, Councilmember Vitelli, City Attorney Tami Diehm, Attorney Bob Alsop, Interim City Administrator John Mazzitello and Assistant to the City Administrator Jake Sedlacek. Mayor Krebsbach adjourned the meeting at 9:33 p.m. Ayes: 5 Nays: 0 Mayor AS Sandie Thone City Clerk Krebsbach