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2004-04-20 City Council minutesPage No. 1 April 20, 2004 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 20, 2004 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councihnembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE � eI- 00 Ayes: 5 Nays:0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the revised agenda for the meeting, further revised to add Item 10b, letter from Councilmember Duggan. Councilmember Krebsbach seconded the motion. APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of the regular meeting held on April 7, 2004. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 6e, Spring clean -up, 6f, g, I and j, donations, 6m, LCS permit, 60, Police Chief permanent appointment, and 6p, NOC position description, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 February 4, 2004 and March 3, 2004 meeting minutes and agenda for April 18. b. Acknowledgement of the March 23, 2004 Planning Commission Minutes. c. Acknowledgement of the February and March 2004 Fire Department monthly reports. d. Acknowledgement of the March 2004 Treasurer's report. e. Acknowledgement of the deer hunt follow up report. Page No. 2 April 20, 2004 f. Acknowledgement of a billing from the St. Paul Water Department for the Freeway Road watermain replacement. g. Acceptance of the Workers' Compensation Insurance retrospective rates premium for the 2004/2005 policy year and renewal of the accident plan for volunteers basis premium of $1,143. h. Authorization of purchase order in the amount of $3,220.00 to Dermco-LaVine Construction for resurfacing of the Mendakota Park basketball court and minor crack and surface repairs to four double tennis courts in city parks. i. Adoption of Resolution No. 04-24 "A RESOLUTION DENYING A PRELIMINARY PLAT TO CREATE ONE ADDITIONAL LOT AT 1850 ARVIN DRIVE." j. Approval of the list of contractor licenses dated April 20, 2004. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 SPRING CLEAN UP Administrative Assistant Hollister announced that the tenth annual city wide spring clean-up will be held on Saturday, May I behind the Mendota Plaza. He expressed appreciation to Paster Enterprises, Nitti Sanitation, Scrapbusters, Greenman and BFI Recycling for their help with the event. He reviewed the materials that will be acceptable to bring to spring clean-up and those that are not acceptable. He also informed the audience about the appliance collection day to be held on Monday, May 12. DONATIONS Mayor Huber informed the audience about several donations that have recently been made to the city. The Dakota Victim Offender Panel donated a replacement television/monitor for the Council Chambers. Mr. & Mrs. William Zukowski donated $200 for the purchase of wood duck nesting box kits for installation in city parks. The Canadian Pacific Railway donated two firearms to the police department. Dr. Fred Owens and his family donated a digital camera, battery charger and printer to the police department. Councilmember K rebsbach stated that she will support all of the donations except the firearms. She stated that she has not voted for past donations of firearms to the police department and feels that firearms are something that the city should provide. Councilmember Duggan moved to accept the donations from the Dakota Victim Panel, Mr. & Mrs. William Zukowski, and Dr. Page No. 3 April 20, 2004 Owens and his family and to direct staff to send letters of i appreciation on behalf of the Council. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to accept the donation of two firearms from the Canadian Pacific Railway and to direct staff to send a letter of appreciation on behalf of the City Council. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 1 Krebsbach LCS PERMIT Council acknowledged a memo from Assistant Hollister relative to a request from the LCS Company requesting authorization for the use of substitute exterior materials in construction of an addition at its facility at 1480 Sibley Highway. Mr. Garth Ristow, from Langer Construction Company, was present on behalf of LCS. Mayor Huber stated that Council approved the addition on September 2, 2003, and the minutes of that meeting reflect that the exterior materials were to be stucco and rock faced block. Council approved a 24 foot front yard setback variance as part of the approval. LCS now wants to deviate from the approved plan. Mr. Ristow explained that once he started meeting with city staff, he discovered that he had to be concerned about the building's sound rating. Pre -cast panels give a much better sound barrier and lends itself to the final design. Also, the building needs more height. Councilmember Duggan stated that he recalls the discussion and the owner's concern about getting a large piece of equipment into the building. Mr. Ristow responded that it is easier to get the larger pieces into the building if pre -cast is used. He has concerns about getting future equipment in. The addition will be about eighteen feet high and 13,000 square feet. Councilmember Krebsbach stated that apparently part of the change is the heights of the building. She asked what that change is, and stated that part of the rationale for the variance was that LCS needed more height. Mr. Ristow responded that the hardship for the variance was that MnDOT had taken land from LCS for Highway 13. He did not think Page No. 4 April 20, 2004 that height was an issue, and stated that he does not know what the height difference is between the original plan and the proposed plan. Councilmember Duggan stated that he understood the addition would be the same height as the existing building. He stated that he wants to be sure that the addition will not be any greater in height than the addition that was proposed last year. Mr. Ristow responded that the addition will be at the same heights where it ties in to the existing building and raises up towards T.H. 13. Responding to a question from Mayor Huber, he stated that the existing building is painted concrete block. Mayor Huber stated that his concern is that LCS carne in with best intentions and asked for a variance and told Council the exterior would be stucco and rock faced block. Now they have come in quite a bit later and say it will not work. It seems odd that seven months after approval, the builder is saying he cannot build the structure as it was approved. Mr. Ristow stated that Langer is the second firm that has worked with LCS to try to get the building to work. Once he actually got the information on the height of the equ8pment, he had to change the plan. Councilmembers Duggan and Schneeman stated that they would like to see the drawings and be given more detail. Mr. Ristow responded that his purpose tonight is to ask if the substitute exterior materials are acceptable, not to request the building permit. Councilmember Duggan stated that he would like Mr. Ristow to come back with appropriate plans. Council wants to make sure the design will work. Normally when Council approves additions, the require that the exterior materials match the color, etc., of the existing building. Council wants to know fur sure that what they agreed to and what is being proposed are the same, and how the new proposal relates to the approved proposal. Attorney Schleck suggested that the applicant submit a site plan, elevations and grading plan showing how the addition fits with the existing building and showing exactly what the differences are between what was originally proposed and what is currently proposed. Page No. 5 April 20, 2004 Councilmember Krebsbach moved to table the discussion to May 4. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 POLICE CHIEF APPOINTMENT Council acknowledged a memo from Administrator Danielson regarding Police Chief Aschenbrener's completion of his probationary period. Mayor Huber stated that Chief Aschenbrener has very successfully completed his probationary period in Mendota Heights and has done an excellent job. Mayor Huber moved to approve the official appointment of Michael Aschenbrener as Police Chief. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 NOC POSITION DESCRIPTION Council acknowledged a memo from Administrator Danielson regarding a Noise Oversight Committee (NOC) position description proposed by the Airports Relations Commission. Mayor Huber sated that Councilmembers Vitelli and Krebsbach are the Council's representative and alternative representative on NOC. He informed Council that he attended that last Airport Relations Commission (ARC) meeting, and the commission recommended the proposed position description. Councilmember Vitelli has suggested some additional thoughts to Council this evening. Councilmember Schneeman stated that she reviewed the description, and that the city does have a position paper for the ARC. With respect to the NOC, she stated that there used to be a MAC committee called MASAC that was disbanded when NOC came about. The Mayor and City Administrator represented the city on MASAC. Someone from Council has always been represented the city on NOC. She feels it is imperative to have someone from the Council on the NOC and stated that the Mayor and Council make that appointment. She represents the city on other boards, and feels that it is up to the Mayor and Council to make the appointments. Councilmember Krebsbach stated that she takes the position description as a guide. Councilmember Vitelli attends the NOC meetings and she is the alternate and has not had to attend the Page No. 6 April 20, 2004 meetings in his absence. She takes the position description as a guide for her to serve in her capacity as an alternate and thinks that representation on the committee must stay with Council because Council is accountable to the residents as elected officials. Councilmember Duggan agreed that Council should be the responsible body to make appointments to NOC and other commissions. He credited the commission for its work, but looks forward to hearing from Councilmember Vitelli. Whoever is on the committee should be very comfortable with the Part 150 study. Councilmember Vitelli stated that the ARC made two recommendations, a job description and a recommendation on the selection process for the NOC representative. He agreed with the other Council members. He stated that Council should maintain full control over the selection process and all of the city committees. Council should have the decision in the end. If Council seeks some kind of structured approach where a committee would make a decision on who the NOC representative is, Council should define a structure as it did when it selected a police chief. To have a defined structure and a committee involving other commission members, he does not think is appropriate. Council should make the decision in the end. He did not support the selection process recommended. With respect to the job description, he stated that most, if not all, of the duties and responsibilities that are proposed are duties and responsibilities that would be expected of anyone representing Mendota Heights on NOC or any other body, as Councilmember Duggan does on NDC4. He does not need a job description to know that he should attend NOC meetings. He did not support formalizing and approving a job description, that includes, as an example, attending or arranging for the alternate to attend the monthly NOC meetings. He stated that he has attended all but one ARC meeting and went out of his way to let the ARC know he would do that. The MASAC members hardly ever attended ARC meetings. He did not support adopting a job description and recommended that the commission think about airport noise operating guidelines for the city rather than thinking about a NOC job description. He recommended that Council adopt airport noise operating guidelines as follow. The NOC representative and alternate are selected by Council after publicly requesting and then evaluating the qualified and interested candidates. The NOC representative and alternate are the communication conduit between NOC, the City Council and the ARC and the citizens of Mendota Heights, and the representatives do that now. Page No. 7 April 20, 2004 Councilmember Krebsbach stated that she has served on the Joint Airport Zoning Board for two years and that group is coming to completion on the ordinance. Councilmember Vitelli has the second seat on that board. The ARC has been informed over the past two years about what that committee is doing. Councilmember Vitelli stated that the ARC members are selected in accordance with the city's ordinance. The responsibilities of the ARC are to define the two or three achievable goals, to enlist the support and advice of the NOC representative and alternate on those objectives, so they can make contact with MAC members to go after what is achievable, and to enlist Council's support on those objectives. The ARC should be responsible for supporting the NOC representative and alternate in preparing presentations and arguments for presentation to the NOC, and possibly, the ARC members would make a presentation themselves He stated that rather than focusing on a job description for the NOC representative, the ARC should develop achievable goals. Councilmember Krebsbach stated that the ARC has been performing many of the four items in the description and they have developed a work plan and objective and have made presentations to Council. This would renew their role. Councilmember Vitelli stated that one thing that should be crystallized by the ARC is the defining of the two or three items the city could go forward with. Councilmember Krebsbach stated that between Councilmember Vitelli's recommendations and the ARC list, it is good to review what their common agenda is. She stated that she would hope that Council and the commission is working in the same direction. Councilmember Vitelli stated that the membership on NOC includes six representatives from the airlines and six representatives from the cities affected by airport noise. Minneapolis, Richfield and Bloomington have a Councilmember as their representative, and Eagan's representative is the Assistant City Administrator. Generally, the NOC members from the cities are Council members. Councilmember Duggan stated that if an alternate from Council is not interested or available, then Council could look to a member of the ARC as an alternate. He would hope that consideration would be given to someone who has suffered under air noise in the south end of the city. Page No. 8 April 20, 2004 Mayor Huber stated that he feels that the NOC representative should be a Council member or a member of ARC. If Council had to reach out to someone else, it should appoint that person to ARC when an opening comes up. LIST OF CLAIMS Councilmember Duggan asked about the expense on the claims list for the Lower Mississippi River Watershed Management Organization (LMRWMO). Finance Director Schabacker responded that the WMO consists of seven communities and each of the cities pays a percentage of the annual dues for the organization. One of the projects they are working on this year is storm water quality improvements, and that is what the city is paying for. Councilmember Schneeman pointed out that the city also belongs to the Gun Club Lake WMO and paid $1,000 in dues this year. Noting that there are payments on the claims list to hardware stores, Councilmember Duggan stated that eh city now has its own hardware store and its owners would like to have the city open an account with them. Councilmember Duggan moved approval of the List of Claims dated April 20, 2004 and totaling $356,722.59. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Greg Kvaal stated that he went around the Somerset View neighborhood with a petition and spoke to the people who would be affected by the trail on Coleshire and it looks to him that the results were five to one in favor of a trail (closing a portion of Coleshire). He and some of his neighbors have been looking to this idea for about five years and he was surprised that between the hearing and the following meeting the trail came out of the project. He stated that he believes that someone from the city was going to look at the intersection of Dorset and Coleshire for safety. Mayor Huber stated that he applauds Mr. Kvaal for going door to door, which is not an easy thing to do and is admirable. He stated that he went around the neighborhood last night with a scaled map and tried to match the addresses with the petition. He reviewed the results of his analysis for Council and the audience, stating that less than 50% of the neighborhood signed the petition. Council held a Page No. 9 April 20, 2004 public hearing and he does not recall a lot of support at the hearing for the trail. At the next meeting, Mr. Kvaal brought a petition that was not even 50% in favor of the closing, and Council also received letters from people who do not want Coleshire closed. Having gone through the hearing process and then looking at a petition of less than 50 %, at some point the residents must rely on the fact that a decision was made and not have to watch television every meeting to see if Council changed its opinion. He did not see much evidence to change Council's decision from the last meeting. Mr. Kvaal responded that a trail was in the plan and people talked in favor of it at the hearing and no one got up to oppose it When he left the hearing, he felt it was still in the plan. Mayor Huber responded that his recollection of the memo from staff was that they were looking for direction. They proceeded on the information they received at the hearing and apparently they did not feel there was much support for closing Coleshire. Mr. Kvaal stated that the survey was rushed and many of the people in the area were not home. If it does remain out of the plan, it should have been noted in the letter that went to the residents. He stated that he called former Engineer Mogan after he received the hearing notice and asked why the trail wasn't in the letter, and Mr. Mogan told him that he did not want the letter to be too long. He stated that in 1999 everyone who lived there signed the petition, but the city must have lost it. Mayor Huber responded that Mr. Kvaal was present two weeks ago and had two weeks to get signatures, but the petition does not even have 50% of the signatures of the neighborhood, and what is being considered is closing a street. He stated that he would need overwhelming support to close the street. Council received considerable feedback from the hearing because there was discussion of closing streets, and many people were concerned about closing streets. He has spoken to a few neighborhood resident on this matter and they are very concerned about closing Coleshire. Councilmember Vitelli agreed, stating that he thinks Council should let its decision stand. There is not overwhelming support from the neighborhood to close the street. Council should not reopen the discussion. Councihnember Krebsbach stated that she drove through the neighborhood today to get a sense of the runoff problems. She felt Page No. 10 April 20, 2004 that curb and gutter is important for the neighborhood. She stated that she would let the decision stand. Council does not want to become a Council of reversal, and Councilmembers must realize the power of their vote when they vote. Mr. Kvaal stated that when the neighborhood had a meeting last fall, everyone said they supported closing the portion of Coleshire. He works for the Minnesota PCA and a lot of what they due is push for green space. He did not know why people would want pavement over green space and cars over children. Councilmember Duggan stated that the hearing minutes indicate that five people on Coleshire expressed interest in not having curb and gutter. In light of Mr. Kvaal's letter and in light of the fact that Barr Engineering is doing an engineering study for the city and nothing will be done on the project in the Coleshire area this summer, perhaps Council should take a look at closing part of Coleshire. Mr. Kvaal's letter stated that some of the history may not have been presented at the hearing. The City Engineer asked Council at the last meeting what Council wants to do with Coleshire, and he would like the option to look at it again. Mayor Huber disagreed, stating that would leave the matter hanging over people's heads for another year. There are people in the neighborhood who strongly oppose closing Coleshrie. Mr. Kvaal made a very good effort, but after having two weeks to convince the neighborhood he got less than 50% support from the neighbors. It would not be fair to close it. Councilmember Krebsbach stated that she voted for the project as presented at the last meeting, and that is what stands. If Council were to revisit the issue, it would have to go through another hearing. Council voted, and that would stand until there were some notification that the city would be opening up the project. This is not an open issue. People have to know that on any given night, Council takes action they can rely on. Mr. Kvaal responded that when people left the hearing they thouthg it was in the plan. Attorney Schleck stated that it would be inappropriate to represent what was in other people's minds. This is a formal statutory process for assessment of costs. To revisit the issue would mean scrapping the assessment process and completely starting over. The project has Page No. 11 April 20, 2004 been ordered and the assessment roll has been established, and that cannot change without a new hearing. PUBLIC COMMENTS Mr. Guy Heide stated that on February 20, 2004, he and Mr. Mike Kosell had an opportunity to meet with the city's NOC representative, Councilmember Vitelli, to discuss their concerns over misconduct by MAC officials. The NOC representative did not make the meeting. He called Councilmember Vitelli, who told him that he would not meet with them unless the alternate representative, Councilmember Krebsbach, was also present. He called the city and scheduled a meeting for March 23. Councilmember Vitelli came to the meeting but immediately walked out. He stated that he feels his group has lived without representation and that he believes Councilmember Vitelli is unfit to serve as the NOC representative because of his conduct. He asked Council to remove Councilmember Vitelli from officially representing the city on NOC for nonfeasance in office for refusing to do what his duty requires. HEARING — EASEMENT Council acknowledged a memo from Engineer McDermott VACATION regarding a public hearing scheduled to consider a partial drainage easement vacation over Lot 18, Block 1, Ivy Falls South (Sherwin Seiden). Mayor Huber stated that Council and staff have a practice that for Council to appropriately consider a matter, they need to have the information by a certain time. This is a matter that Council has revisited and reinforced from time to time. In this case, the information was not received in time for Council to review it. Administrator Danielson stated that staff had asked for information regarding elevations and drainage and that was not received until late on Friday. Mayor Huber stated that Council and staff need to review a lot of information in preparation for meetings and staff needs to have the necessary details to review and make a recommendation to Council. Councihmembers received their agenda packets on Friday evening. He stated that he is not trying to make an example of Mr. Seiden, but staff did not have enough time to review the materials and prepare a recommendation, so discussion on the matter will need to be tabled. Mr. Seiden responded that he was unaware that his contractor had not submitted the information on time, and this is the first he heard about it. Page No. 12 April 20, 2004 Mayor Huber stated that Council gets put in a tough position. Staff needs to have enough time to review materials. If they do not have enough time, there is a potential for making a mistake. Councilmember Dugan moved to open and continue the hearing to May 4. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 DAKOTA COUNTY RADIO Council acknowledged a report from Police Chief Aschenbrener STUDY regarding a 2003/2004 study addressing the migration to new radio technology. The city is preparing for the future for police, fire and public safety communications. The city's fate is controlled by the choices made by the state and county. The issue arose as the result of legislative action in 1997. He reviewed the various options available to the city and their associated costs. One of the things that must be considered with respect to going to the metro system is FCC regulations that will go into effect in 2008 -2010. Everything will need to be replaced with something by then. The city's total cost depends on who the city decides to partner with. If the city stays with West St. Paul, the cost would be $173,000. West St. Paul's cost will be just over $1 million to upgrade the communications center. Mendota Heights has been sharing costs for dispatching with West St. Paul, and he would think they will come to the city to share in the communication center cost. There is no good answer on what to do about fire paging. Staying on VHS just for fire paging may be the best option. Every fire department is in the same situation. The existing digital pagers cannot meet the fire department needs. He then discussed concerns about the shared cost for dispatching, coverage problems if the new tower does not cover Henry Sibley High School, and treatment for the building if there are coverage problems, interoperability, and what will happen at the county board meeting. Should the Dakota County Board accept the study recommendations, Mendota Heights will need to determine when to transition. West St. Paul chose not to be part of the study. Lakeville also chose not to. Mendota Heights needs to watch and see what happens and start to earmark money for future infrastructure improvements. He stated that he believes the county is going to adopt a resolution to move to the MRB system, and that will start the clock ticking to get grant money for the transition. Councilmember Vitelli informed the audience that what is being discussed is a major upgrade in the wireless communications systems used by police. It is a major upgrade in police protection, Page No. 13 April 20, 2004 giving police departments the ability to communicate across municipal boundaries and the metro area. He stated that he understands that the state is pushing the transition and the county is considering it. Chief Aschenbrener responded that the state is in the driver's seat and they were saying in 1997 that the radio system was full and an assessment must be done and public safety departments need to look at upgrading. Responding to a question from Councilmember Vitelli, he stated that there are two different proposals at the legislature. Two weeks ago, the ARIVIR was the front runner. With the Public Safety Director stepping down recently, he would guess that the regional board has the upper hand and continues with its philosophy of making it fully available. That could change depending on grant money. Councilmember Vitelli stated that the decision by the state could very well influence Dakota County's decision. He asked if the police departments in the county want this to happen. Chief Aschenbrener responded that initially there was a lot of reluctance, because there were many problems with the regional } system. Most of the problems have been resolved and most of the problems that are being reported are being fixed in a timely manner. He believes most police officers are in support of moving forward. Responding to a question from Mayor Huber, Chief Aschenbrener stated that the Chiefs of Police Association would like to see the MRB go forward, and not fall under the state, and the Dakota County chiefs would like the county to be represented. The former Public Safety Commissioner was pushing for the statewide matrix. Councilmember Vitelli asked what decision Council will have to make if Dakota County decides to move ahead. Chief Aschenbrener responded that a decision will need to be made, but that will be directly related to what other people do. If Mendota Heights leaves the West St. Paul dispatching agreement and goes to Dakota County, implementation would be about 24 months out for conversion. If the city goes to Eagan, implementation would probably be six to eight years out. Page No. 14 April 20, 2004 Councilmember Vitelli asked what expenditures the city would have besides equipment if Council decides to move ahead. He also asked if the city would pay a fee to Eagan and Dakota County or only to the dispatching service. Chief Aschenbrener responded that the city pays West St. Paul $115,000 annually for dispatching service. In addition to that, if the MRB system is used, the city would have to pay a fee for each of its radios on the system. Councilmember Vitelli stated that his thinking would be that Council has to balance the benefits of public safety and police officer safety with how fast the transition can occur. It seems that the city would want to put the transition off as long as possible because technology will get cheaper, and then go ahead with it because the police support it. Councilmember Duggan whether the cost estimates in the report will be affected by improvements in technology. Chief Aschenbrener responded that as more vendors come into the market with 800 MHz radios, the costs will come down. Councilmember Duggan stated that he is happy to see Council seriously considering getting on board. He asked if anyone has considered looking to Bloomington for dispatching if things with West St. Paul do not continue to work out. Chief Aschenbrener responded that would require all new hand held radios immediately. Eagan and Apple Valley would be compatible with Mendota Heights. The county is currently operating a VHS communications center and that would also be compatible. Responding to a question from Councilmember Krebsbach, Chief Aschenbrener stated that he does not believe Eagan will be one of the first cities to transition. They have a state of the art communications center now. Councilmember Krebsbach asked what will happen to Mendota Heights communications with West St. Paul if Mendota Heights migrates to the MRB. Chief Aschenbrener responded that Mendota Heights would have one channel to talk to West St. Paul like it has one channel to talk to Bloomington now. Page No. 15 April 20, 2004 Mayor Huber stated that there are two things to think about. Ultimately, the city will have to upgrade and Council can debate when to do that. Council must also decide where the best place is to get the best services. Chief Aschenbrener informed Council that he will be meeting with West St. Paul to try to resolve multiple issues and will recommend narrow banding in the future, whether or not the transition to the NM takes place. Fire Chief Maczko expressed appreciation to Chief Aschenbrener for all of his work on the issue. He stated that he has been involved from the fire department side. The one thing he wants to reiterate is that when a decision is made to move to the new system, it will have an affect on the fire department. Who the city chooses for dispatching might meet the police department needs but not the fire department. Dakota County will only alert the fire department, and then it is up to the department to dispatch. West St. Paul gives the fire department full service. There is a cost associated with that service. It is a different level of service from Dakota County. He felt the paging issue can be dealt with. It is inevitable that the city will have to go to new technology, but his concern is that if that happens it must be done right. If the firefighters cannot talk out of the basement of the high school, that is a problem. If they cannot talk out of the basement of an industrial building, there will be a problem. Money must be spent to do everything right the first time. Councilmember Duggan recommended that as staff prepares budgets, that money be set aside annually towards the transition for the next several years. CITY OF MENDOTA WATER Council acknowledged a memo from Engineering Technician CONNECTION Kullander regarding a request from the City of Mendota to Connect to the Mendota Heights Water System along Sibley Memorial Highway /STH 13. Council also acknowledged letters from Mr. & Mrs. Stephen Hunter and from Mr. J. Bradner Smith regarding the development project. Mendota Mayor Robinette and Deputy Mayor Steve Golias were present for the discussion. Administrator Danielson stated that the Mendota City Clerk and Mr. Dave Griggs, developer of three housing units proposed to be constructed on Highway 13, were present at the last Council meeting to request an extension of water to serve the three housing units. Council tabled the matter to allow the city attorney to look at a draft of the proposed amendment to the joint sewer agreement (between Page No. 16 April 20, 2004 the two cities) that is currently in place. Council directed that staff contact the Mendota Heights residents in the area of the proposed development. Staff mailed a notice to everyone living within 400 feet of the development, and has received emails and letters in responses. One of the main concerns that he was asked about was the height of the buildings. The elevation of the front appears to be 46 feet high. Mendota Clerk Joan Olin told him it is 35 feet tall. Mendota measures from the ground level floor to the top of the building to determine building height, and they do not include the lower level. Mendota Deputy Mayor Golias stated that Mendota entered into a joint powers agreement for sewer at the request of Mendota Heights. Mendota Heights wanted to provide water and sewer to St. Peter's Church. In exchange, Mendota Heights agreed to bring water past the Church, and in 1993 entered into an agreement to bring the watermain into the city. Water was also extended across T.H. 110 when the Mendota Interchange project was constructed. That was done because of concerns by fire, engineering, and the state that the water system be looped at least once, and preferably as many loops as possible. Fire Chief Maczko was especially concerned. Mendota sees this request as an opportunity to bring another 400 feet of watermain into Mendota. The loop will tie into the system on T.H. 13. There will be three connection points in the City of Mendota. He stated that Mendota looks forward to this development privately funding an additional 400 feet of watermain towards that loop. He stated Mendota shares Mendota Heights' concerns over the river bluff and its protection. He was present at the Mendota Heights Council meetings to hear about the Baldinger project and expressed concerns over drainage. Those concerns were dealt with very well. Mendota lies almost entirely within the river corridor and has dealt with critical area issues a lot. Mendota is looking at this as a watermain extension as a loop. Mr. Golias stated that the project came to Mendota originally as a townhouse project, and the Council immediately rejected it. Mendota permits only single family homes. The developer then came back with a proposal to build three homes. The Council looked at the lots and the lot sizes and said the development was possible. Other than meeting all ordinances and requirements, the Council added a requirement that the developer extend a watermain to the property. Other concerns were over access to T.H. 13 and critical area concerns. The proposal was held up until Mendota adopted a critical area ordinance. There were concerns about erosion, and the Council requested silt fencing. There were concerns Page No. 17 April 20, 2004 about landscaping, and the Council requested a landscaping plan. The DNR was concerned about the height of the structures, erosion, building height at the bluff, etc., but they were most concerned about a large scale development. Construction of the buildings must be as close as possible within the original contours of the property. There will not be any major change in the lots. Mendota is concerned about the condition of the entire bluff. The condition of the bluff has deteriorated greatly over the past 43 years that he has lived below it. With the passage of several federal and state regulations, the bluff is mostly overgrown, and Mendota is having lots of erosion problems because there is little ground cover. Removal of the debris and the canopy cover and replacement with resistant trees will help with erosion. The proposed project will help the bluff stability. Responding to one of the letters, he stated that the buildings are not apartments. They are very expensive single family residences on long - platted lots that will be owned by three individual people. Mendota has been advised that the height measurement starts on the main level. A lower level walk -out or tuck under garage are not part of the 35 foot height limit. The main portion of the proposed home will be kept under 35 feet. In response to the letter from Mr. Smith, Mr. Golias stated that the watermain needs to be looped and Mendota is taking advantage of this development to extend the watermain. It will pass by three other lots on the way to these lots, and Mendota hopes it will go all the way into the city to complete the loop. The letter talks about the development being high rise buildings, but they are not. They are three single family homes, not townhomes or apartments. Councilmember Krebsbach stated that Mendota Heights provides fire service to Sunfish Lake and the city has tankers to use where there are no hydrants. She did not want Mendota's residents to think they are not protected. Mr. Golias responded that the tankers provide enough water to prevent a fire from spreading to other properties. There have been several fires in Mendota, and the major goal was to keep fire from spreading. There are hydrants in the city now and the Mendota Heights Fire Department has hose to cover the entire city. Councilmember Krebsbach stated that Mendota has two plans before it, the three homes and one that was referred to as an apartment structure. Page No. 18 April 20, 2004 Mr. Golias responded that three homes will be built. The other picture is a depiction of the front of one of them. Councilmember Krebsbach pointed out that they are 45 feet high with elevators. Mr. Golias responded that his understanding is that they will be the owners' retirement homes and they are looking towards the future of having less mobility and would like to build at least one of them with an elevator. They will be one family structures and will be the most expensive homes in Mendota. Mendota looks at this development as one of many future improvements. Mayor Huber asked what the rational is about how the structure height is 35 feet rather than 45 feet. Mr. Golias stated that Mendota has had a very difficult time of getting a definitive answer about what is a bluff and where the bluff line is. With respect to the 35 foot height rule, Mendota had many concerns about how to define 35 feet. The people who talked to the Council have always said that the height is measured from the main level and does not include a tuck- under. Mendota Heights has recently approved a home on T.H. 13 between Lexington and Victoria that is an example of the 35 foot height. The lower level is mostly underground and there are three stories above the walkout. If one measured from the garage to the top of the roof, they would get 40 to 45 feet. The DNR has said that the 35 feet would occur at the main level. Councilmember Krebsbach stated that one of the considerations on that was what was happening to the view from above and some considerations were given for that. Mr. Golias stated that the Baldingers were at the last Mendota Council meeting and they met with the prospective owner of the properties. There has been no further contact with them, and they seemed pleased Theirs is probably one of the most affected homes, and they had concerns about the height of the structure and their view. Their biggest concern was erosion and future landscaping. He stated that he hopes that Mendota can work together with the Baldingers on their concerns. Responding to a question from Councilmember Schneeman, Mr. Griggs stated that the homes will be worth about $800,000 each. He is building two of the homes on speculation. Page No. 19 April 20, 2004 Councilmember Vitelli stated that Mr. Golias' presentation was very good and very informative. He stated that he would support the watermain extension. Mendota is following its regulations, and MnDOT and state regulations. He was pleased that the structures will be single family homes. He stated that there is a joint powers agreement between the two cities and a spirit of cooperation between the cities. He did not think Council should get too critical of what is being developed in Mendota. Dr. Steven Hunter stated that he is the resident just above the proposed development. He has lived in the area for more than 43 years and while the bluff changes as the foliage changes, he has not noticed a lot of erosion. He does not see the proposed project as helping the erosion problem. He stated that he is not going to argue with the height, but one could take the garage up 20 feet and build on top of it. The developer has taken a PUD arrangement and cut it up into three lots of less than 9,000 square feet purely for profit. It bothers him that the City of Mendota is looking at it based on profit. Mendota is getting water because of this project and the developer is going to fund it. Councilmember Krebsbach stated that she recalls that when Dr. Hunter rebuilt his home, he asked for a cantilevered deck over the bluff and the city did not approve it. Dr. Hunter responded that a building burned down that was on a foundation, and he put a deck on the foundation. Mendota Mayor Carl Robinette thanked Council for allowing the water extension. He has lived in Mendota for 72 years and there has always been a building on this property. As far as erosion is concerned, he stated that the bill that washed down washed down before the houses were built. As far as benefit to Mendota, Mr. Griggs is putting in the water, but he could have gone with a well as long as everything else met the codes. Responding to Dr. Hunter's comments, Mr. Golias stated that the lots have been platted for as long as he has been on Mendota's Planning Commission and Council. Mayor Robinette stated that they have been platted since he was fifteen and he is now 72. There was a home and a big barn on the property, and they were taken down. Dr. Hunter responded that the Beaudette Addition was platted in 1893, but not as a PUD. Page No. 20 April 20, 2004 Mr. Golias stated that Mendota did not approve any platting changes — they are three existing lots. Mayor Huber stated that a statement has been made that the project is doable whether or not the watermain extension is approved. He asked for staff comments. Administrator Danielson responded that for many years Mendota was entirely on wells and these lots could probably have wells. Engineer McDermott agreed, stating that the homes could be served by wells. Mayor Huber stated that there has been a suggestion that if Council does not approve the extension, the project cannot go forward, but that is not true. They could use wells and the project could go forward. Mr. Golias that Mendota's Council made a recommendation that if Mr. Griggs were to build, that the watermain would be extended. To go to wells, the agreement with Mr. Griggs would have to be changed. Mendota has a history of wells, and that probably would happen. Mendota will definitely benefit as a city by the watermain extension and he thinks every city should see how it could gain by a project like this. Councilmember Krebsbach stated that she would vote against the extension. Council spent a great deal of time on the Stroh house, and to her mind, the proposed three structures are much more in line with what an apartment building would be. Councihnember Vitelli moved to approve the second amendment to the Mendota - Mendota Heights Joint Powers agreement and authorize its execution by the Mayor and City Clerk. Councihnember Duggan seconded the motion. Mr. J. Bradner Smith stated that he has looked at the structures as proposed and thinks they are the ugliest thing he has ever seen. They are 43 feet tall, and to squeeze them onto the property they have to. be 24 feet wide. He is very opposed to the proposal and thinks Council should vote against the watermain. He stated that he understands that the project can be built with wells but does not think Council should support it. There will be this development and then there will be another one next to it, and there will be a line of high rises all along Highway 13. Page No. 21 April 20, 2004 Attorney Schleck stated, for the benefit of those watching the meeting on cable, Mendota Heights has no direct control over development in Mendota. Mendota Heights does not have the ability to approve anything outside of the city of Mendota Heights. Whether or not the watermain is extended to the development, the development can be built. VOTE ON MOTION: Ayes: 2 Vitelli, Duggan Nays: 3 Huber, Krebsbach, Schneeman Councilmember Duggan asked if Council needs to adopt a resolution of findings for the denial. Mayor Huber responded that there has been a motion to approve, which failed. Council does not have a motion to deny it. Attorney Schleck agreed and reminded everyone that they voted on a motion to amend the agreement. The agreement is still in full force and affect. The discussion that has been had by Council suffices because the city is not amending the agreement. GALLIGAN/KATZ Council acknowledged a letter from Councilmember Duggan regarding Council action taken on the Galligan project. . Councilmember Duggan stated that he is presenting two motions to reconsider actions taken on March 1. He stated that the request to change the minutes of the May 20, 2003 meeting had insufficient substantiation. Specifically, the taped minutes the Galligans had made of that part of the meeting pertaining to their application. He stated that he believes some Councilmembers have not seen the tape. There was a lack of time to consider the changes proposed to the minutes and the ramifications of such changes. Council was put in an untenable position on March 1. They were being asked to take the word of a homeowner and that of the city's then Acting City Administrator and choose one. Councilmember Duggan moved to reconsider the action taken on March 1 to change the minutes of the meeting of May 20, 2003. Mayor Huber stated that Councilmember Duggan can make a motion to reconsider because he was in the majority. Attorney Schleck responded that Roberts Rules of Order dictates that a motion to reconsider can only be made at the next subsequent Page No. 22 April 20, 2004 meeting and can only be made by someone in the majority on the original motion. Motion died for lack of a second. Councilmember Duggan stated that Council voted to remove the red tag on 1845 Hunter Lane, the future home of the Galligans. The Galligans and Katzs' were present at this meeting specifically invited by the City of Mendota Heights to provide the City Council with any additional facts, testimony or input. He stated that he supported the motion, believing that the invited and very interested parties would have their say. This did not happen. Councilmember Duggan moved to reconsider the action on the red tag, specifically Council's failure to allow invited parties to address them. Councilmember Duggan stated that it is a point of principle that when citizens come before Council, they have a right to be heard. Any citizen who comes to Council with an issue is entitled to speak to Council. Attorney Schleck stated that in reviewing the minutes, there was nothing in the motion restricting them from speaking. It was a pragmatic decision. Councilmember Duggan stated that they were expecting to speak but did not have an opportunity to speak even though they had been sent a letter. Attorney Schleck stated that in terms of someone's due process rights, that has to be balanced against the pragmatic conduct of public meetings. He felt a motion to reconsider might not be appropriate because it was not a motion in which this decision was made. Councilmember Duggan stated that he had former Councilmember. Losleben bring the matter up on March 16 because if it needed to be reconsidered, it had to be reconsidered at that meeting. No one on Council addressed it on March 16, and he is bringing it up now. If Council does not wish to reconsider tonight, based on Roberts' Rules, he is uncomfortable with the decision. He does not think Council should be pushing people not to speak. He stated that he knows that Council can apply a restriction but does not believe Council should restrict the right to speak. Page No. 23 April 20, 2004 Motion died for lack of a second. Mayor Huber stated that Council wants to respond to all residents on issues they have. He stated that he has a duty to determine the best way to do that. In this case, Council had received letters that suggested that the Katzs' might sue the city and he has a duty and responsibility to take that into consideration. Council has an obligation to all of the residents to make sure the city's best interests are considered. Council is of a common mind that residents should continue to express their concerns about any construction project going on anywhere in the city, to make sure that construction project is appropriate. Councilmember Krebsbach stated that she also expected that the Katzs' would have an opportunity to speak at the meeting. She stated that she is not interested in a vote to reverse the decision but felt they should have an opportunity to speak. Mayor Huber responded that the door is always open and they are welcome to come and talk to Council. Councilmember Duggan stated that Mayor Huber clearly indicated that he could bring the matter up under discussion. His primary point is that he does not want citizens to feel that they cannot come and talk to Council. COUNCIL COMMENTS Mayor Huber asked staff to prepare a motion to specifically identify at what point the city must receive information at City Hall to get an item on the agenda for the next regular Council meeting. Mayor Huber asked Administrator Danielson when a resolution passed by Minneapolis, supporting the vote that was taken by the NOC and asking for the support of that action by the other cities represented in NOC, and discussed at the Mayor and Managers meeting will be submitted to the NOC. Councilmember Vitelli stated that probably about three to four weeks from now. He stated that he would like that resolution circulated to the City Council and the Airport Relations Commission and would like to see if there is support for it. Mayor Huber announced that St. Peter's Church will hold a groundbreaking for its new facility at 12:30 on May 2. Councilmembers Krebsbach and Schneeman indicted that they plan to attend. Page No. 24 April 20, 2004 Councilmember Duggan informed Council that he has had two calls about Wagon Wheel Trail and passed the comments on to the administrator and police. The danger to children is clear. The no fishing sign is more of an attraction to fish along Wagon Wheel. He asked if the city can temporarily place concrete barriers down the center of Wagon Wheel for five or six weeks. That will slow traffic and keep children from running across the street. One resident told him that there were children playing kickball on the street. Councilmember Duggan stated that he also received a call from Pat Randall about cars from Visitation and St. Thomas speeding through the Rogers Lake neighborhood. Councilmember Duggan stated that he has received questions from the neighborhood around Town Center regarding the status of the project, construction trash, etc. He suggested that the city have a meeting with Mr. Feffercorn and invite residents to the meeting for an update on the project. Councilmember Schneeman suggested that the meeting be held at the Senior Center. Councilmember Krebsbach stated that the city lost a resident in a house fire this week. She commended the police and fire departments for their response to the emergency. Councilmember Krebsbach stated that she received a call about the street light at Hunter Lane and Culligan being out for a while. Councilmember Schneeman stated that the police chief and fire chief are both on the PAD committee, along with two people from Lilydale and HealthEast and herself. She stated that it is a wonderful committee because they are working to get defibrillators placed in schools and other public places. Councilmember Vitelli thanked both the police and fire chief and their teams in responding so quickly to the fire in which a resident was lost, but also for responding to a recent fire in the lowlands. CLOSED SESSION Council acknowledged a memo from Administrator Danielson recommending that Council adjourn to closed for preliminary consideration of allegations of misconduct by an employee. ADJOURN There being no further business to come before Council, Councilmember Schneeman moved that Council adjourn to closed session, pursuant to M.S. 13D.05, subd 2(b), for preliminary Page No. 25 April 20, 2004 consideration of allegations of misconduct by an employee Councilrnember moved that the meeting be adjourned. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:30 p.m. �L. thleen M. Swanson City Clerk OTT-PCT-