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2004-03-16 City Council minutesPage No. 1 March 16, 2004 CITY OF MENDOTA HEIGHTS � DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 16, 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, Councilmembers Krebsbach, Schneeman and Vitelli. Councilmember Duggan had notified Council that he would be absent. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Vitelli moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 4 ( ) Nays:0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 5b, nuisance complaint on Fourth Avenue, 5f, frontage road stop sign request, and 5m, Visitation Convent School bonding, and 50, claims list, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the NDC4 Executive Committee meeting agenda for March 3, 2004. b. Acknowledgment of the Treasurer's monthly report for February. c. Acknowledgment of a memo from City Engineer McDermott regarding a request from the City of Eagan for support for funding of state highway improvements. d. Acknowledgment of a memo from Police Chief Aschenbrener regarding the status of vehicle leases. e. Authorization for the issuance of a purchase order to Hinkley Chevrolet in the amount of $29,518.32 for a 2004 Tahoe for the Page No. 2 March 16, 2004 fire department, along with authorization for the sale of the 1989 fire van. C f. Approval of the permanent appointment of Kristen Schabacker as Finance Director, effective March 1. g. Adoption of Ordinance No. 390, "AN ORDINANCE AMENDING TITLE 6 CHAPTER 3 SECTION 1 OF THE CITY CODE," designating the intersection of Victoria Road and Marie Avenue as a four way stop intersection. h. Approval of the issuance of a purchase order to Pearson Bros., Inc. for 2004 street sweeping, for its low bid of $70.00 per hour. i. Authorization for the issuance of a permit to Lawrence Sign for a 63.3 square foot illuminated sign face change at SuperAmerica, 1200 Mendota Heights Road. j. Authorization for reimbursement to United Properties for the cost to construct a retaining wall within the city ponding easement adjacent to the JES building at 2400 Pilot Knob Road, from the Storm Water Utility Fund, at the unit price bid of $15.40 per square foot, approximately $11,550. C, k. Approval of the list of contractor licenses dated March 16, 2004. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 NUISANCE COMPLAINT Council acknowledged a memo from Police Chief Aschenbrener regarding a complaint about junk vehicles on properties on Fourth Avenue. Mayor Huber stated that the issue has been resolved, but he is interested in trying to do some things to strengthen the nuisance. Councilmember Schneeman stated that the city has received a lot of complaints from people about why there are so many cars parked in that area. Councilmember Krebsbach moved to acknowledge the report from Chief Aschenbrener. Page No. 3 March 16, 2004 Councilmember Schneeman seconded the motion. } Ayes:4 Nays: 0 STOP SIGN REQUEST Council acknowledged a memo from Police Chief Aschenbrener regarding a request for stop signs along the Highway 110 frontage road between Glenhill and Lexington. Councilmember Krebsbach stated that when the Mendota Interchange was constructed there was a concern that people would use the frontage road rather than T.H. 110. That seems to be the case, and people are driving at 50 miles per hour or more. There is a trail and people are using it, but there is a section where there is no trail and people have to walk along the street. One of the neighbors, in her concern for the families in the area, has asked that stop signs be installed on the Victoria Road at Hunter Lane and at Glenhill Road. Because the frontage road belongs to the state, MnDOT must approve the signs, but she asked for the support of Council and the Police Chief for both or at least one of the stop signs. Councilmember Schneeman moved to acknowledge the memo from Chief Aschenbrener. Councilmember Krebsbach seconded the motion. Ayes:4 Nays: 0 VISITATION CONVENT Council acknowledged a memo from Finance Officer Schabacker BOND REFUNDING regarding a request from Visitation Convent for refunding of the $2,400,000 industrial revenue bonds issued for a classroom addition in 2002. Finance Officer Schabacker stated that Visitation would like to request a refunding of the bonds to extend out the maturity of the bonds from September, 2007 to April, 2014. She stated that the city ordinance specifies how to calculate an administrative fee for revenue bonds but does not speak to refunding issues. She is recommending a flat fee of $500 for this issue to cover staff time for review of the documents. Mr. Bill Sullivan, Chair of the Financing Committee for Visitation and a member of the board, introduced Mr. Dick Miller from Wells Fargo, Mr. Rich Davern, Chief Financial Officer for Visitation, and Ms. Dawn Nichols, Head of School at Visitation. Page No. 4 March 16, 2004 Mr. Miller stated that what is entailed in the financing was to stretch the payments out for seven years for constructing the middle school. It became clear that they could pay it off, but it became prudent to stretch it out to preserve some of the gifts and endowments they have received. Also, interest rates have come down since the original bond issuance. With respect to the administrative fee, Mayor Huber stated that this application is reasonably routine and did not require significant staff time, so $500 seems appropriate. If there were a similar request that involves more staff time, the fee would be adjusted. Councilmember Krebsbach stated that the original issue was only for $2.4 million, which is less than many of the revenue bonds that have been authorized by the city. That should be part of Council's consideration of administrative fees in the future. Councilmember Vitelli moved adoption of Resolution No. 04 -17, "RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE SCHOOL FACILITY REVENUE REFUNDING NOTE, SERIES 2004 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (ACADEMY OF THE VISITATION PROJECT)." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CLAIMS LIST Councilmember Schneeman pointed out that one of the significant claims is a payment of $108,63 8.00 to the City of West St. Paul for dispatching services. That is a significant amount of money, and people should know what the service costs the city. Councilmember Krebsbach moved approval of the List of Claims dated March 16, 2004 and totaling $249,176.61. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Jim Losleben, 815 Hazel Court, stated that he was present on behalf of Councilmember Duggan, who anticipated that something would be on the agenda but is not. He read a letter from Councilmember Duggan requesting that Council extend to April 7 the opportunity to offer motions with respect to the Galligan/Katz matter ant that on April 7 Council reconsider its action on March 1 regarding the amendment to the May 20, 2003 minutes and reconsider its action lifting the red tag on the project at 1845 Hunter Page No. 5 March 16, 2004 Lane because the Katz's and Galligans were not given the opportunity to speak on March 1. Mayor Huber asked whether anyone in the majority wishes to reconsider the motion. Attorney Schleck stated that he thinks this is highly irregular. Council does not have provisions proxy actions by Council members. Also, if there is an issue that needs to be further considered as opposed to reconsideration, Council members can bring that up whenever they want. If it is Council's pleasure to deal with this issue further, there is no need for reconsider it. They can consider it anew. He recommended that Council continue its policy of no proxy actions by Council members who are in absence. Mayor Huber stated that Councilmember Duggan is out of the country and was concerned that if he wanted to bring this issue up it had to be done this evening. He stated that Councilmember Duggan could have called a member of Council to ask them to make the statement. Councilmember Krebsbach stated that Councilmember Duggan did contact her, but her feeling on the second item (red tag) is that he needs to bring that forward at a meeting. Regarding the minutes, if there is time for him to bring that forward on April 7 that is fine. She would have no problem asking Council to consider that item on April 7. Councilmember Schneeman asked why Council would change the minutes. Mayor Huber responded that there has been discussion and debate as to whether there was any misrepresentation made when the building permit was requested and whether anything about the project violated any city ordinances. The project was red tagged so the city could look at the project to see if there were misrepresentations made or whether there were any violations. As part of that process, there was information that came forth that there were some items in the minutes from the May 20, 2003 meeting that were wrong. He agreed with Councilmember Krebsbach that the minutes were changed two weeks and there is nothing that stops Council from changing them in the future. Councilmember Krebsbach stated that she voted against the motion to change the minutes, not because of concern about the minutes, but Page No. 6 March 16, 2004 because she does not want to endorse a policy of going back and changing minutes. HEARING — SOMERSET VIEW Mayor Huber opened the meeting for the purpose of a public hearing AREA IMPROVEMENTS on proposed street, curb and gutter and storm sewer improvements to serve the Somerset View area. Council acknowledged a report from Civil Engineer Mogan. Mayor Huber reviewed the hearing process for the audience and asked Engineer Mogan for a history of the project. Engineer Mogan stated that staff sent a survey to neighborhood residents two years ago to ask if they were interested in a street reconstruction project, and a majority of the people who responded were not in favor of a project. In the two years since then, the streets have gotten worse, and staff felt they should be a priority for a street reconstruction project. There are 2.4 miles of streets in the neighborhood, most of which were built in 1973. They were built without curb and gutter and with little storm. sewer. It is the city policy to encourage neighborhoods that are being considered for reconstruction to upgrade their streets with curb and gutter and storm sewer, and the city contributes towards the project. Most of the right-of-way width in this neighborhood is 50 feet, which is narrower than most of the right-of-way in the city. Staff is presenting a proposal to reconstruct the neighborhood with curb and gutter and storm sewer, maintaining the existing street width plus about two feet on each side for the curb and gutter. There are some issues to be worked out with the storm sewer connections on Dodd Road and at Somerset Country Club. The city needs to get permission from MnDOT and from the country club to do those connections. The storm water generally flows westerly. On the north end of the neighborhood it flows to Dodd and some of it on the east side goes directly to Somerset. There is a storm sewer pickup point on Somerset Road that connects to the Dodd Road system. Water is conveyed to that storm sewer through the drainage ditches. The existing storm sewer that was installed by MnDOT was done without much design consideration as to what area it picks up, so it is probably under sized. It was constructed by MnDOT maintenance people in the 1960's. There is no direct connection to that line, so there is a concern about that line being inadequate after the storm sewer connection is made. The surface runoff currently goes to Somerset Country Club, and also, some of the Dodd Road storm sewer system goes there. Page No. 7 March 16, 2004 Mayor Huber noted that the Somerset ponding system serves as a collection area for much of the storm water runoff, including the runoff coming from West St. Paul at Delaware and Ruby Drive. Engineer Mogan stated that there have been city projects on the golf course to handle runoff. None of the drainage patterns will be changed, but there is a concern that the existing storm sewer pipes are not adequate to handle the additional water. Staff also needs to address whether the ponding system on the golf course can handle the increased rate at which the water will arrive in the ponding system. Councilmember Krebsbach stated that when the feasibility study was discussed in February, Engineer Mogan brought the watermain issue to Council's attention. She asked whether he had additional information Engineer Mogan stated that rather than the connection he thought St. Paul Water would recommend between Beebe and Delaware, there is another connection that would be shorter from near Dodd Road and Chippewa, and St. Paul Water thinks doing some work there could resolve the water pressure issue on Beebe. That would be part of the project. Dodd Road would not be opened — there would have to be a jacked installation. The city's water revenue fund would be used to pay for the cost. There is also a stretch of watermain on Hingham that meets the break criteria, and St. Paul Water will want that replaced. Councilmember Vitelli asked if there are benefits to the residents by the storm sewer improvement. Engineer Mogan responded that curb and gutter is a part of the storm sewer system. It protects the boulevards from plow damage and helps maintain the street section and gives a finished appearance to the project. There are many reasons why curb and gutter is desirable and that is part of the reason the city developed the street reconstruction program and participates in the cost. Engineer Mogan stated than another peculiarity of this neighborhood is that most of the streets were built without any gravel underneath. If and when the project is redone and the pavement is removed, the contractor will have to haul in gravel right away to put gravel down behind their removal operations so that people have a surface to drive on. There will be a lot of truck traffic and additional cost has been built into the project to get rid of dirt and haul in gravel. This Page No. 8 March 16, 2004 will be a difficult project. He estimated the project cost at $1.5 million. While that is a lot of money, it is in line with the cost for reconstruction in other neighborhoods in the past. If the project goes forward, the city will assume a large portion of the cost. It is proposed that the assessments be at the same rate as Bunker Hills, $3,900 per lot. The city will pay about 70% of the cost, because the Somerset Country Club cannot be assessed and there are many through lots in the neighborhood. Responding to a question from Councilmember Vitelli, Engineer Mogan stated that residents who have lots fronting on two streets will only pay one assessment, and corner lots will be assessed the same as the other lots. Responding to a question from Mayor Huber, Engineer Mogan stated that if an individual who lives on Delaware Avenue but has a drive on one of the streets in the project, their lot will be assessed. He stated that there are 105 properties that would be assessed a total of $410,000. He stated that staff might pursue rain water gardens in the neighborhood as part of the project. They would reduce the rate of runoff and would benefit the system in a number of ways. A rain garden is a depressed area that collects water when the rain comes and there would be a perforated pipe system underneath it that lowers the water level for a period of time and connects to the storm system. It is planted with vegetation that can tolerate a wet condition for a period of time. There is also a water quality benefit. He showed pictures of rainwater gardens for the Council and audience. He stated that this would be an option for the property owners who would like it, and they would have no cost. With respect to the project assessments, he stated that they could be paid over 19 years or they could be paid up front without interest. The projected interest rate is 7 %. Councilmember Krebsbach asked which of the funds proposed to be used for the project accrue funds annually. Finance Officer Schabacker responded that the storm water fund receives revenue each year through quarterly billings to property owners. The water utility receives revenue from the surcharges on the St. Paul Water bills. Mayor Huber stated that projects like this are not fun. People will get frustrated that their roads are torn up, and Council recognizes that. The city does everything it can to make it as easy as possible for the residents. He stated that residents have good knowledge of Page No. 9 March 16, 2004 their neighborhood and Council wants their comments on different aspects of the project during this hearing. Engineer Mogan stated that as part of the project he is suggesting that the city abandon a portion of Coleshire Lane between Dorset and Hingham. There are no driveways on it, and rebuilding it would add to the project cost. The fire chief does not have an issue with abandoning it. Possibly, a trail could be built through there as part of the project, and the city would retain at least an easement if not the entire right -of -way. Mayor Huber asked for questions and comments from the audience. Mr. Rich Supra, 10 Hingham Circle, stated that everyone in the neighborhood likes to walk on Coleshire and it would be nice to have a bike path there. He asked how much curb and gutter benefits house values. He also stated that some of the property owners need driveways and asked if that would be done. Mayor Huber responded that some of it is in the eye of the beholder but he believes that when curb and gutter is installed in a project, most neighborhoods like it better than before they had curb and gutter. Most people have reservations because of the cost of improvements and most will say that it was difficult during the construction but that when a project is done, they like it better. He stated that in past projects where driveways were reconstructed; there were many problems, so it is not done anymore. Mr. Heinz Otte, 22 Somerset Road, stated that the plans are preliminary but asked what the plans are for elevations of the streets. He also asked what needs to be done to make this a "go" project, because not doing it is not acceptable. Engineer Mogan responded that staff tries to put the elevation such that the crown of the new street is a couple of inches higher than the current street, but the curb and gutter will be about where the boulevard is now. They try to make it fit without impacting driveways. Mayor Huber asked Mr. Otte why he would like the project done. Mr. Otte responded that his lot gets water that comes across Delaware from West St. Paul and storm water control is very important in his considerations. Curb and gutter are wonderful. Page No. 10 March 16, 2004 Mr. Gary St. John, 7 Mears Avenue, stated that he strongly supports the street and curb and gutter improvements. He has been concerned about the drainage for quite a while and the water table on his property is so high that during the spring and early summer his sump pump runs almost constantly. His neighbor to the west has the same problem. He also has video of what it is like when it rains and where the water runs like a river. Mayor Huber pointed out that surface water runoff can be a contributing factor to water in the house, but just because the surface water will be handled better does not mean it will cure water problems in the house. Ms. Beth Geis, 1116 Dodd, stated that there is a fire hydrant between her property and her neighbors, and she wondered how close the hydrant will be after the project is done if the street is widened. Also, across the street there is a power pole and she wondered whether the pole will be replaced of if the electric lines would be put under ground. She also asked who will pay for damage to the curb after the snow plows hit it. Mayor Huber responded that the decision on burying the power lines is up to Xcel Energy and not a part of this project. C Engineer Mogan stated that it is up to the neighborhood to ask Xcel, but the cost for putting it underground is very expensive and most neighborhoods do not have it done. With respect to the fire hydrant, he stated that if it must be moved to put in curb and gutter, it will be relocated or the road will be slightly shifted to get by it. Administrator Danielson stated that the city budgets for curb repair every year, and when people call to say there has been damage, the city inspects the curb and repairs it if repair is needed. Mr. Mike Ginster, 9 Mears Avenue, stated that he is in favor of the project but safety is a major issue, and the pass - through from Delaware to down Mears and on Staples, he is waiting for the day when a tragic accident happens. This should be a topic for another meeting. The simple solution is speed bumps, or perhaps closing one side of Mears or one side of Staples so only the neighbors pass through. He stated that the traffic speed and condition is frightening. Mayor Huber responded that there are probably people passing through the neighborhood who do not live there, but sometimes people tend to drive too fast in their own neighborhoods. He Page No. 11 March 16, 2004 encouraged everyone to be respectful of the people who live in the neighborhoods and watch their speed. Councilmember Krebsbach stated that she has noticed that more neighborhoods have speed bumps in other cities, and she would like to research why Mendota Heights opposes them. Councilmember Schneeman agreed. Mayor Huber responded that there are pros and cons to speed bumps. If speed bumps were installed on Mears, there would be thirty requests for speed bumps on other streets. He felt the Council needs to talk about this neighborhood and other neighborhoods where people pass through them and speed. He asked Chief Aschenbrener to research what methods other cities have take to try to control traffic safety in neighborhoods like this. He stated that Council is willing to discuss traffic calming methods, but he is not in favor of speed bumps. Mr. Jeff Wold, 7 Beebe, read and submitted a letter from Mrs. Margaret Nelson, 1177 Delaware, in opposition to the proposed curb and gutter. Mr. Wold stated that in her situation, Mrs. Nelson has a second drive on Ashley and a main drive on Delaware. He asked if she would be assessed $3,900, and if she removes the driveway if she would not be assessed. He also asked what the cost of curb and gutter is. Mayor Huber responded that Council would have to consider it, but his initial reaction would be that if she wanted to go through the cost of removing it, Council would think about it. Attorney Schleck stated that once the assessment roll is certified, no matter what happens the assessment would be certified. Engineer Mogan stated that curb and gutter costs about $8.00 per foot on each side of the street. Councilmember Vitelli pointed out that the property owners would only be paying about $3.00 a foot in this case. Mr. Wold stated that if there is an opportunity to do without curb in certain areas, such as on Ashley and Beebe, where alternate methods of containing the road could be implemented. With respect to the safety issue, he stated that he and his child wait for the bus on Ashley. There is a young family at the comer of Dodd and Ashley and a young family on Norma, just north of Ashley. He stands on Page No. 12 March 16, 2004 Ashley nearly every morning and the traffic that zooms along Ashley Lane going from Dodd over to St. Joseph's School is horrifying. Mayor Huber stated that as a way of reaching the St. Joseph's parents is to send out a flyer through the school. Mr. Wold suggested closing Ashley at Delaware as a way to prevent an accident. He stated that he was opposed to redoing the streets two years ago. About half the neighborhood responded and there was a margin of twelve votes, which is substantial. Mayor Huber informed the audience that if the city does a total reconstruction project, the assessments are payable over 19 years, versus a rehabilitation project without curb and gutter that must be paid off in ten years. Mr. John Driscoll, 21 Dorset Road, stated that his main concern about the project is the speed. He and his wife walk the neighborhood and many times can hear people accelerating as they come through. Improving the road will increase the speeds. Also every morning one woman goes through the stop sign. He opposes the curb and gutters because the potholes slow people down. Mayor Huber pointed out that if the streets are just re- paved, they will still be much better for a few years than they are now. He stated that adding the curbs will not change the speed issue. Mr. Driscoll stated that 7% interest seems very high. He also asked when the construction would start and be done. Engineer Mogan stated that if the project starts in May, it will be most of the summer before the first lift of blacktop is finished. The idea is to get people into their garages on a continual basis with the exception of when the curb and gutter is put in. Mr. Driscoll asked if the speed of the trucks working in the neighborhood will be controlled. Mayor Huber stated that the city will be paying the contractor, so the city will take care of that. He asked the residents to call city staff if they have any problems. Councilmember Schneeman stated that when her neighborhood streets were reconstructed, they had the same types of questions. - Since the street improvements, there have been many additions put Page No. 13 March 16, 2004 onto homes because the neighborhood looked so much nicer, and many have put in new driveways. Also, there were many young people driving through the neighborhood fast and they have grown up and that has gotten better. Mr. Mike Kieffer, 35 Somerset Road, expressed concern about putting curb and gutter on Coleshire because it is a very narrow street and his house is quite close to the street. He has to park partially onto his lawn now to allow cars to go by. If the curb is moved in two feet towards his house, it will make an appreciable difference in how close the street is to his house. He asked that this part of the curb and gutter be reconsidered. With respect to traffic speed, he felt that Emerson is the worst situation. With no cross traffic, and it is wider, when it is repaved people will go through there at 50 miles an hour. Councilmember Krebsbach asked Engineer Mogan if there was a similar issue in Bunker Hills. Regarding the Coleshire curb and gutter, Engineer Mogan stated that in the Bunker Hills neighborhood, the street was an alley and it was just paved with an inverted crown so the drainage went to the center of the street. That may be an option here. Mr. Larry Cole, 2 Dorset Road, stated that he opposes the project. One of the reasons is because Council said it would be a tough summer. The main reason for his opposition is because of the speed. When he moved in ten years ago, the blacktop was smooth and there was a lot of traffic that would come through fast and carelessly. Since the streets have deteriorated, that does not happen now. He asked Council to consider some way to keep the speeds down and keep the cross traffic from zipping through from Delaware to Dodd. Engineer Mogan informed the audience that a parking lane will be striped on the north side of Emerson Avenue as part of the project and there would be a centerline stripe for the traffic to follow on Emerson. The parking lane could be used for pedestrian traffic too. The parking lane would help to make the street look narrower and keep traffic speeds down. Councilmember Krebsbach suggested that perhaps some of the streets could be marked one way. One of the main concerns of the neighborhood is the traffic coming through the neighborhood, and that should be one of Council's considerations in deciding on the project. Page No. 14 March 16, 2004 Mr. Tim Kirby, 3 Dorset Road, stated that he likes the idea of having some one -way, do not enter signs. He has a 30 foot pine tree on the corner that gets hit every winter by someone coming down the hill. He is very interested in having the roads fixed, and the gutter would help his property. His lot gets a lot of runoff coming down the hill and into his garage. He stated that when he lived in St. Paul, they reconstructed his street, and the period of construction was not fun. St. Paul did an entire project, including having the utilities put underground. If the project is built, he hopes that the city will do everything as well, so that the street does not have to be torn up in a few years. Engineer Mogan responded that he has been in contact with Xcel Energy. Until a year ago, Xcel routinely replaced gas mains in neighborhoods that had old gas mains. There has been a change in the structure at Xcel and they got out of that business. They are doing it now where it is required, and that may not be the case in this neighborhood. He did not think they would replace all of the gas main in this neighborhood. St. Paul Water will look at the water system in the neighborhood and will replace some isolated sections. Mr. Kirby stated that as far as the construction schedule is concerned, it would be nice if city staff could give the neighborhood a detailed schedule on the project, keeping people posted on when their streets will be torn up. He stated that he just received his valuation notice and the property value went up $30,000. He would hate to get another notice after the project is done that says that valuation was a mistake and his value went up $40,000. Mayor Huber responded that when a parcel is assessed, the city has to be able to prove that the improvement impacts the property positively to the extent of the assessment. Mr. Kirby stated that had the hearing happened a couple of weeks ago, he would have missed it because he was out of town and the notice was dated March 4 and arrived March 7. He felt that thirty days notice on something like this would be a reasonable expectation. Mr. Jerry Geis, 1116 Dodd Road, questioned whether curb and gutter would benefit his property. There is a ditch along Ashley and Beebe. He asked if the entire neighborhood needs to treated the same with the option being nothing. He asked if patching is an option, or could it be resurfaced without the gutters. Page No. 15 March 16, 2004 Mayor Huber responded that the reason hearings are held is to get neighborhood comments. Council has heard comments from people who have drainage problems and others who do not. Something must be done with the streets. His preference is to do curb and gutter. In Bunker Hills, one of the streets was constructed without curb and gutter, as mentioned earlier tonight. There was also a departure in that neighborhood from the width that had been used for standard city streets. The streets in Somerset View are not proposed to be widened to the city standard. If there is a portion of the neighborhood that does not have to have curb and gutter, it may be a possibility not to install them, but his preference is to do the project and to do curb and gutter. Mr. Geis stated that there are a lot of older people in the neighborhood who are on limited income. He felt a road is needed but questioned whether curb and gutter is needed. The total project cost is $1.5 million. There are 105 lots, and of the $1.5 million, $600,000 would be allocated to curb and gutter. Engineer Mogan responded that the curb and gutter cost is about $280,000, and the storm sewer cost is approximately $310,000. Mr. Geis stated that the cost of the first class road resurfacing would then be $900,000. The assessments would be $4,000 per lot. He asked what would happen if just the road portion was done. Engineer Mogan responded that if the city sticks to its policy, the neighborhood would pick up the entire cost of the improvement. After the MSA portion was taken out, the neighborhood would assume $690,000, for an assessment of about $6,600. Mayor Huber stated that the city has had a practice for years that when a neighborhood agrees to do a full reconstruction, including curb and gutter, half of the cost of the project would be spread out over the entire city and the other half would be assessed to benefiting neighborhood. If a neighborhood agrees to full reconstruction, the assessments are spread over 20 years, but if just an overlay is done it would be fully assessed against the neighborhood and would be payable over the years. The life of a road that is constructed with curb and gutter is much longer, and long term maintenance is much less costly to the city. Council feels that in the long run, full reconstruction is the best engineering answer to doing road projects. Page No. 16 March 16, 2004 Mr. Todd Seacard, 11 Hingham, strongly supports the project. There are many small children in the neighborhood and great roads would be wonderful. The traffic issues have been raised tonight, but every neighborhood has a traffic issue. He supported closing Mears and Staples to through traffic. Hingham is not a through road, and he has noticed that kids in cars do not care about potholes. He hopes that Council does not decide to simply overlay the streets. He also hopes that if Coleshire is closed, a path is constructed. Mr. Gary Regan, 11 Mears, stated that the traffic on Mears on Staples is from people cutting over to Highway 13. The Ivy Falls neighborhood probably has a similar problem. If there were a no left turn sign on Mears during certain times of the day, it might help. It would be an inconvenience for some people in the neighborhood, but if people want safety for their children they may have to take a different route out of the neighborhood. A no left turn on Ashley would also help. He would also support Coleshire being a bike path. There was a gas line explosion on Dodd a number of years ago and a gas valve on Mears was directly tied to the cause of the explosion. The gas lines are very old, and he cannot see why this would not be a time to do something about the problem that exists. He stated that if the driveways are level with the street, the curb would be higher than the driveways. The driveways are level with the lawns in the neighborhood. He asked whether the construction would actually �. create a dam between the lawn and the street. Engineer Mogan responded that with the barrier curb, it drops down to an inch and one half height through the driveway. That height is matched to the existing driveway as closely as possible to where the driveway currently exists. Councilmember Vitelli stated that there are thirteen accesses to Delaware and Dodd through the neighborhood. He proposed that Council consider closing Ashley at Delaware, Beebe at Delaware, Mears at Dodd, and Staples at Dodd, make Coleshire an alley with a walking path in the area where staff recommends it be closed, and close Coleshire at Dodd. He also recommended that Emerson be made a one -way street. There would be snow plowing issues, but there are too many accesses to major arteries in this neighborhood. Councilmember Krebsbach agreed that Council should look at closing off some of the accesses, but should take some time to study the options. Page No. 17 March 16, 2004 Mr. Joseph Kueppers stated that closing some of the streets is not win/win because people would weave through the neighborhood. Speed bumps on Staples and Mears would be the ideal solution to the speed problems. The other issue is that curb and gutter through the entire neighborhood might not be ideal because it is an old neighborhood. When he bought his home, it was a quaint neighborhood and it still is. He asked that Council consider not putting in any curb and gutter on Coleshire or Somerset. He felt that putting curb and gutter on those short streets would be ill advised. Ms. Tamara St. John stated that they own the vacant lot next to their on Mears and there is no driveway on it. She asked if they would be assessed for that lot. Engineer Mogan responded that if it is a legal lot, it would be assessed, but he does not believe it is a legal lot. Ms. St. John stated that there is a road that has never been vacated next to their vacant lot and she asked what process they would need to go through to have it vacated. Administrator Danielson responded that they would need to make application for the vacation. Mayor Huber suggested that Ms. St. John meet with staff to discuss the vacant lot issue and the vacation. Ms. Kathy Lefler, 22 Dorset, stated that she supports the reconstruction, but speed is a big issue. She supports speed bumps. There is a four way stop at her corner, and 90% of the cars just slow down. People do not obey signs. Ms. Lisa Graham Peterson stated that hers is the only address on Coleshire Lane. She felt that curb and gutter is not necessary on Coleshire. Parking would be an issue, and her house does not have a water issues. Mr. Jim Harold, 11 Beebe, stated that he came to the hearing because he is concerned about safety. The streets appear to be straight but actually have much more of a curve at 25 miles and hour and a substantial curve at 30 to 40 and the hills make it difficult to see. Many people in the neighborhood have children. He would like to keep the streets as narrow as possible. They were not designed for the traffic and speeds. He did not feel there is a need for curb and gutter but understands that some of the streets need curb and gutter. Page No. 18 March 16, 2004 Engineer Mogan responded that the road widths will remain the same except for the additional width need for the curb. He stated that an eleven foot driving lane is narrow. Beebe also has a substantial drop. Mr. Bob Borovansky, 561 Emerson, stated that his driveway is on Coleshire and it is an alley. His preference would be no curbs on Coleshire. He has no problem with closing the portion of Coleshire that is recommended but he has some reservations about starting to close streets off because that would push traffic to Emerson. He pointed out that Coleshire is a heavy school bus route. He stated that some of the speed issues are the buses and trash trucks. The stop signs at Somerset and Coleshire and at Coleshire and Dorset are down. There is no way someone on Emerson would be able to stop if someone comes out from the side streets. Mrs. Borovansky stated there are no street signs on the two corners of Coleshire Lane, and that is a real safety issue. Also, she had a question about what would be done about mail delivery during construction. Engineer Mogan responded that some of the contractors have taken the mailboxes and put them in a central location and set up a temporary mailbox layout for a group of homes while a project is under construction. Other contractors have moved them out of the way temporarily. It has been left up to the contractors, but the mail does get delivered. Mrs. Borovansky stated that most of the properties on Emerson have a natural dip below the street grade. She asked if that will be filled. Engineer Mogan responded that there is a low spot at about the middle of the block and that depression will be filled in as part of the project. Mr. Art Miller, 1 Dorset Road, agreed with Councilmember Vitelli's comments about closing some of the streets. As one comes down Dorset and makes a left hand turn around the corner, Burr Oak Road continues on and makes an "L" shape to the left. He felt Burr Oak should be vacated. He stated that there will be a tremendous water problem on Dorset if curb and gutter is not installed. Dorset takes water off of Delaware and it comes over and down into his area. Curb and gutter are absolutely necessary. He would have no opposition if Dorset was closed at Delaware. Page No. 19 March 16, 2004 Ms. Geis, 1116 Dodd, stated that her neighbor at 502 Norma has a tree that she has been feuding with the city about forever. It is clearly a city tree and too close to the road and will have to be taken out as part of the project. Going up Ashley, the road is narrow and many trees are close to the edge. She asked if there are provisions to remove the trees that are too close to the road. Engineer Mogan stated that he promised the owner of 502 Norma that the tree will be removed as part of the project. Also, there is a large cottonwood tree on Ashley that is in the way and will be taken down. Mr. Gary Reagan stated that he has watched the traffic on his road for years and there is a safe speed and a 30 mph speed. Many of the cars are going 30 or less and they wouldn't get a traffic ticket, but it is not a safe speed for the neighborhood. By closing off some of the streets and not having a lot of access into the area might impact people's house insurance rates because the rates have to do with accessibility by the fire department. Mr. Otte stated that there are a lot of services in the neighborhood that are delivered by vehicles. Council should not forget in its r deliberations that the neighborhood needs those services. Mr. Todd Seagard, 11 Hingham, asked if there will be another hearing if the city is proposing major traffic pattern changes. Mayor Huber responded that there should be an additional hearing, because Council needs the neighborhood input. Mr. Seagard stated that there wouldn't be much time if there are studies to be done to determine how to change the traffic patterns, then have a hearing, and get the bids out; it would significantly shorten the time till spring. Councilmember Krebsbach stated that she would like to have more information before making a decision. She would like information on which streets would not have the curb and which ones would. She would also like more detail on the finances. She would also like there to be an inquiry to Xcel about repair or replacement of some of the gas mains. She would like to have the street reconstruction issues on the next agenda. Traffic is a separate issue from the reconstruction, and there should be a plan whereby there would be some streets that could not be entered from Delaware or Dodd. Ayes: 4 Nays: 0 Page No. 20 March 16, 2004 Councilmember Vitelli stated that staff should examine closing off some of the streets. There are 13 entries to two major arteries and Council should seriously consider eliminating some of them. He suggested that Council plan to hold a public hearing a month from now to examine some of the traffic calming actions that can be taken. He felt that is tied to the street reconstruction, because if a street is closed, curb and gutter does not have to be installed there. The fire chief may have an issue with closing streets and public works will also have snow plowing issues. He would like staff to work with public works and the fire department to see if there is a possibility of closing some of the accesses to Dodd and to Delaware. He feels Coleshire should be considered an alley and not have curb and gutter. He asked if there is a need to widen the streets and if curb and gutter can be installed within the existing width. Engineer Mogan stated that there are good reasons not to narrow the streets. Streets can only be plowed as wide as the curb and gutter allows, so if the street section is narrowed further, the plow will never get the street width plowed totally. From an operations standpoint, the street width is at a minimum now at 11 foot driving lanes. Councilmember Vitelli stated that he is very pleased with the / professional discussion this evening and pleased that it appears that a `\ high percentage of the residents want to proceed with the project. Councilmember Schneeman stated that the closing of the streets must be studied. Council has not heard from a lot of people on that issue. Police and fire and public works have to advise Council on that issue. Mayor Huber stated that the best part of being on Council is having neighborhood meetings and hearing what people have to say. The audience gave excellent input this evening. By the comments it seems that generally speaking people are concerned about the speeds but seem to generally be in favor of doing something. There being no further questions or comments from the audience, Councilmember Krebsbach moved that the hearing be closed. Councilmember Schneeman seconded the motion. Mayor Huber stated that there is a sense that the project should be done but many things need to be studied and consideration. He does not know if there is enough time to get the input and get the study Page No. 21 March 16, 2004 done and go out with bids at a point in time to still get competitive bids from the industry. If the process takes too long, the people who will be bidding the project will either already have work done or will be getting to the end of their capacity to do the project and the city will not get a good price. If some of the issues can be resolved quickly and the start the project this year, he is fine with that. If not he would be very distressed with having taken all of the good input received this evening and put the project on the shelf for a year and then start over again. He would like to keep working on the project and if the point is reached where the project can ordered and be let for bids at a point in time when the city can still get competitive bids, that would be fine. Otherwise, he would like to continue working on the issues and discuss how to deal with the speed and the traffic calming options, and it might be that it will be too late to do the project this year but that Council can come up with a project to be done in 2005. Councilmember Krebsbach stated that if in fact the gas mains need to be replaced, that should be planned as part of the street reconstruction so that everything is done at the same time and the street does not need to be dug up in the near future. That may mean it will need to be delayed until next year. Councilmember Vitelli asked Administrator Danielson if a public hearing is held a month from now and Council makes a decision to go ahead, can the project be done this year. Administrator Danielson responded that it is a very complicated project and the city needs permission from other agencies. Approval from the state is needed for MSA funds and the state also needs to review some of the storm water issues. If that can be accomplished quickly, the project could start this year. There is a queue that lines up for state aid, and he does not know how big that is. Councilmember Vitelli suggested that Council make a decision to have another public hearing two Council meetings from now and make a decision that night and get the project going. A month is enough time for staff to come up with ideas on possible road closures or no left turns, etc. Councilmember Vitelli moved to conduct a public hearing on April 20 and that Council make a decision at that time. Councilmember Schneeman seconded the motion. Page No. 22 March 16, 2004 Mayor Huber stated that he supports another public hearing if there is a proposal to close streets, but he feels that the chance of getting the project in this year is less than 50150. It would not be uncommon to hold a public hearing on a project in January or February, so even this hearing is very late. He would like to come to a decision on the project to completion before the middle of June with construction in 2005. Councilmember Schneeman stated that she would like to get the project going. She has the sense the residents want the project to get going. The roads are very bad and something needs to be done with them. She agreed with Councilmember Vitelli about holding another hearing next month. Mayor Huber stated that Council needs to look at what to do to control traffic through the neighborhood. This goes beyond a street reconstruction project because of the traffic issues and the project is much more complex than most projects. He would not mind having another hearing in a month to specifically discuss the traffic issues but that means staff will have to come back with some recommendations along with answering any other outstanding questions about the project itself. He asked if staff can be prepared in a month to answer the traffic issues. Administrator Danielson stated that staff will prepare a timetable for Council's consideration at the next meeting. Councilmember Krebsbach stated that she does not know that the traffic has to be related to the street reconstruction other than if some of the streets are closed off. There are two major infrastructure issues — the gas main and the removal of all of the gravel. That adds a lot of complexity and cost to the project. Council can bear that in mind and decide in two weeks. Councilmember Vitelli stated that the staff time that will be required to review the traffic ideas will not take engineering time. Those reviews will be by the police, fire and public works departments. Engineering can proceed with what they are doing on the project while the other departments look at the traffic issues. Administrator Danielson responded that even though the other departments are involved, engineering would lead the discussion. Councilmember Krebsbach stated that she does not know why Council would want to push this. The hearing on the traffic ideas Page No. 23 March 16, 2004 could be held at another time rather than being tied to the street reconstruction decision. VOTE ON MOTION: Ayes: 2 Nays: 2 Huber, Krebsbach Mayor Huber stated that he wants to keep the process moving on. A hearing on the traffic issues can be held at any time. Councilmember Krebsbach stated that Administrator Danielson has indicated that a street reconstruction timeline can be put together in two weeks. At that time Council can look at the project on its own merits and its complexity and costs and whether staff can handle the project this year. Council can discuss the traffic issues as a separate matter. Mayor Huber directed staff to report back with an update in two weeks. He stated that there will be a hearing on the traffic ideas in the future. He announced that the next Council meeting will be held on Wednesday, April 7. RECESS Mayor Huber called a recess at 10:45 p.m. The meeting was reconvened at 10:55 p.m. INTRODUCTIONS Mayor Huber introduced the new City Engineer, Sue McDermott, to the Council. CASE NO. 02 -11, Council acknowledged a memo from Assistant Hollister regarding FEFFERCORN — GATEWAY a request from Mr. Ross Feffercorn for approval of the final BANK development plan for the Gateway Bank of Town Center. Council also acknowledged associated staff reports. Mr. Feffercorn was present for the discussion. Mr. Feffercorn reviewed the site plan, stating that there have been a few considerations in the site planning that have changed. He reviewed one of the changes, which was relocation of the drive - through area. His landscape architect is working with the owners of the animal hospital about the relationship between the parking lot and their driveway. He reviewed elevations of the proposed bank building for Council and the audience and described how the building will relate to the other retail buildings. He stated that he also included in Council's package of information the Mendota Heights Town Center project summary, which is an abbreviated introduction to a very thick set of documents for the commercial association. The association will take fees from the property owners for maintenance of the common areas. The residential association is Ayes: 4 Nays: 0 Page No. 24 March 16, 2004 set up to contribute to the commercial association for a small amount of but significant share of the maintenance of the common areas. Councilmember Vitelli moved adoption of Resolution No. 04 -18, "A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT FOR THE GATEWAY BANK OF THE TOWN CENTER REDEVELOPMENT PROJECT." Councilmember Schneeman seconded the motion. Mr. John Schreier stated that he and his partner, Bruce Downey started the project two years ago and looked seriously at 25 different sites and always came back to this one. He is very pleased to be in Mendota Heights and hopes to be into the permanent facility on October 1. Councilmember Vitelli pointed that Mr. Schreier is a local resident and graduate of St. Thomas. Mr. Bruce stated that he and Mr. Schreier are very happy to be part of the community and looks forward to being a small community bank. Mr. Feffercorn stated that there has been an increase in activity on the retail portion of the development. A letter of intent went out today for a hair salon and a sandwich shop from his leasing agents. He also had a meeting last week with a grocery store called Fresh and Natural. He has also had conversations with other grocers. He has talked to an ice cream store and to Brueggers Bagels representatives. He will also meet with representatives of an Italian restaurant group in Minneapolis. With respect to underground parking, one of the ideas he has looked at is if it is the right kind of grocery store, it could use a smaller footprint with underground parking. Mayor Huber pointed out that the grant funds must be protected. Mr. Feffercorn should have a hard discussion soon over what the grocer's intent is. Council does not want to go back to the Metropolitan Council for renewal. CASE NO. 04 -05, Council acknowledged a memo from Assistant Hollister KLINGELHUTZ relative to continued discussion on an application from Klingelhutz Development Company for a conditional use permit for planned unit development, preliminary plat, wetlands permit and variance for Page No. 25 March 16, 2004 individually owned town office buildings at 2311 Highway 55. Mr. Terry Schneider was present for the discussion. Mr. Schneider stated that he had submitted narrative to city staff that has been codified into the draft developer's agreement. He stated that he is comfortable with the staff recommendations. He asked for clarification on some of the items in the recommending resolution. He asked that item number 4 be amended to state that parking along private streets less than 28 feet in width is prohibited. With regard Item 10, he had talked about planting some plantings and then relocating them for Phase 2, so Item 10 should be deleted. He would like to plant something so the development looks good. Councilmember Krebsbach asked whose best interest Item 2 is in. Attorney Schleck stated that the original resolution said that the MnDOT right -of -way would be conveyed to the developer. The change he proposed is that the city make its best effort to obtain the right -of -way, so there is no guarantee that the city will get it. If the developer is in compliance with all of the city's approvals and the terms of the developer's agreement, the city will give the applicant the first chance to purchase the right -of -way, but if he does not want to purchase it, the city has the right to sell it to someone else. The price would be equal to whatever the cost would be to the city to acquire the land. Councilmember Krebsbach stated that she would like to have that item amended so that the price of the land can be determined at the time of sale. The city has a chance to buy something at a low cost but if the city can make money on it, she felt it should. Councilmember Schneeman asked how Council would determine what to sell it for. She also asked what has been done in the past. Attorney Schleck responded that the city has done the transfers at cost. Councilmember Krebsbach stated that it would have to be appraised. Mr. Schneider stated that MnDOT is required to get an appraisal and has done an appraisal. They have told him that they are prepared to do an inflationary adjustment on that appraisal and that would be the fair value of the property. That, plus the city's costs, is what he has expected throughout this process. The opportunity for the city to make some additional margin would be the Waters Drive right -of- Page No. 26 March 16, 2004 way because that is not done through an appraisal process — it is the transfer of a vacated road to the city. Mayor Huber stated that what Mr. Schneider is saying is that MnDOT is bound to sell it at market value. Mr. Schneider stated that he is committing to enter into a purchase agreement on the appraised price now and then do all of the engineering. He needs to have that resolved now. He asked Council to stick with the original plan and get the first piece transferred. Councilmember Schneeman agreed, stating that it is too late in the game to start pressuring the developer. Mr. Schneider stated that the Waters Drive parcel is addressed in the developer's agreement. Attorney Schleck stated that he just received the draft agreement today and it will likely change significantly before it is adopted. If Council could describe to him what they would like about the Waters Drive transfer, he will put that into the agreement. Councilmember Krebsbach stated that she would like to see in the agreement that the sale of that property is yet to be determined. If the city has the ability to make money on the property, it should. Our objective is to have this developer acquire the land so that the development fills out the way Council hopes. He feels the wording should be left as proposed. Councilmember Schneeman asked why the Council should change now and do something that it has not done in the past. She asked who else the city would sell it to. Councilmember Krebsbach stated that this is at the point where all of the pieces are in a resolution. This is the point to discuss the issue. Mayor Huber stated that apparently an appraisal has been done on the highway right -of -way and MnDOT will adjust it for inflation and sell it to the city. If the appraisal is legitimate, he is fine with selling it to the developer for that price plus the city's costs. Councilmember Krebsbach stated that Council can agree to the transfer of the excess right -of -way, but the City Attorney is looking for direction on the sale of the Waters Drive right -of -way. Page No. 27 March 16, 2004 Mayor Huber stated that in the case of the highway right -of -way, that is one transaction. In the other transaction, MuDOT would turn over the Waters Drive right -of -way to the city at no cost to the city. For that transaction, the city has not bought land and his feeling on that is that it should be either appraised or use the same appraisal used for the other right -of -way. Attorney Schleck stated that the turnback of the turn around is a different type of transaction. It is the vacation of right -of -way as opposed to a sale. When the city vacates a street, the right -of -way goes back to the original owner. Mr. Schneider stated that his understanding, after discussions with MnDOT, that the state actually has fee title. His expectation is that there will be a turnback of the property and the city will negotiate a price for him to purchase it. Councilmember Krebsbach stated that based on what the city attorney is stating, she would like to give him direction that it is clear that the city will have the opportunity to accrue some profit from the Waters Drive vacation. Mayor Huber stated that it appears that there is a consensus on changing item four slightly and stricken ten. Attorney Schleck there is typographical error in number 16 to delete from "shall" to the end of the sentence. Mr. Schneider stated that the only other comment he has about the draft developer's agreement is that there is a reference to conservation easement in it, and in his conversations with city staff that was just picked up from a different developer's agreement and that would most likely come out. Councilmember Schneeman moved adoption of Resolution No. 04- 19, "A RESOLUTION APPROVING A WETLANDS PERMIT, PRELM41NARY PLAT, CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT, AND VARIANCE FOR A RESIDENTIAL DEVELOPMENT AT THE SOUTHWEST CORNER OF HIGHWAY 13 AND HIGHWAY 55," as amended. Councilmember Vitelli seconded the motion. Ayes: 4 ( Nays: 0 Page No. 28 March 16, 2004 NEWSLETTER Council acknowledged and discussed a memo from the DISTRIBUTION HR/Communications Coordinator regarding distribution of the "Heights Highlites." Mr. George Lowe was present for the discussion. Mayor Huber stated that there have been some gaps in the distribution of the newsletter. Mr. George Lowe had sent him a letter stating that he and his neighbors have not received a newsletter in fifteen months. Mayor Huber, himself, did not receive the most recent one. Councilmember Vitelli recommended option two, to spend $200 per quarter to have each newsletter individually addressed by household. Councihmember Krebsbach moved to authorize the additional $200 per issue to have each newsletter addressed. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 AIRPORT ZONING BOARD Council acknowledged a memo from Administrator Danielson regarding Joint Airport Zoning Board indemnification. Attorney Schleck stated that the city planner's memo has indicated that no changes will be needed in the city's zoning ordinance based on the draft airport ordinance as it is proposed. The planner stated airport zoning overlay district would not have an impact on development within the city. Attorney Schleck stated that this is not a rock solid indemnification. It still provides that MAC gets to decide whether any claim the city makes is within the purview of the indemnification. It does, however, appear to be the best the city will get from MAC, and Council must decide if it is good enough. Councilmember Krebsbach stated that Eagan abstains from any votes, and that is an option. She asked Councilmember Vitelli whether there was a vote at the last Airport Zoning Board meeting. Councilmember Vitelli stated that the airport zoning ordinance is very much completed. There was a vote to submit that document to the Commissioner of the Department of Transportation for approval. She would then send it back to the Joint Airport Zoning Board, and they will vote on its approval. Page No. 29 March 16, 2004 She asked Council whether she and Councilmember Vitelli should vote on the ordinance at the next meeting. Councilmember Vitelli recommended that Council approve the indemnification agreement and that the two representatives vote on the airport ordinance at the next Joint Airport Zoning Board meeting. Councilmember Vitelli moved that the city enter into the Indemnification and Cooperation Agreement Regarding the Wold- Chamberlain Field Joint Airport Zoning Board and the Minneapolis- St. Paul International Airport Zoning Ordinance, and authorize its execution by the Mayor and City Clerk. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Schneeman moved to terminate the city's indemnification at such time as the city fully executes the indemnification agreement. Mayor Huber seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach asked the city attorney to give her advice about the standing of the indemnification agreement in terms of what protection the agreement gives the city's zoning board representatives in the face of pending lawsuits and why some cities have opted not to vote on the ordinance. Attorney Schleck responded that there are two issues. First, no indemnification is provided under the agreement unless the city amends its zoning ordinance and comprehensive plan to comply with the joint zoning board requirements. One question is what happens in the timeframe before that ordinance is finalized. The city cannot amend its zoning ordinance because that ordinance has not been finalized yet. The indemnification provided by the agreement is questionable until the city amends its comprehensive plan and zoning ordinance. The second important point is that there are limitations and exclusions in the agreement that basically comes down to MAC deciding whether someone is indemnified or not. It is very difficult to say in a concrete what the answer to the question of voting on the ordinance is. Mayor Huber stated that what happens if the city executes the agreement and the two Councilmembers vote on the airport zoning ordinance and at some future time, someone from Bloomington sues and MAC says the Councilmembers acted outside of the scope of the Page No. 30 March 16, 2004 exclusion, so they are not going to be covered. Further, the city would have acted to rescind its indemnification. He asked who C would be liable if that were to happen. He felt that perhaps the two Councilmembers would not want to vote on the ordinance. Attorney Schleck stated that given the report from the city planner, whether they vote or not does not seem to have an affect on Mendota Heights. Mayor Huber stated that the city has nothing to gain by voting, so why vote. Councilmember Vitelli stated that he will not vote on the ordinance — he will abstain. .RESIGNATION Council acknowledged a letter of resignation from Civil Engineer Marc Mogan. Mayor Huber expressed Council's appreciation to Engineer Mogan for his ten years of service and his dedication to the city. Councilmember Vitelli moved to accept the resignation with regret. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Vitelli informed Council that the Noise Oversight Committee (NOC) met Thursday along with the Joint Airport Zoning Board. It is getting to a point where they will try to vote and send a message to the planning and environment committee on the new noise levels projected for ,the year 2007 around the airport. Two categories are being looked at for recommendation. One is the contour maps. He feels the NOC is close to agreement on that issue. The other issue is what to do about reimbursement or mitigation of noise on homes that are in an area of noise less than 65dn1. He did not think there would be agreement on that. The next meeting of NOC is on March 24. Councilmember Schneeman asked that residents please put their trash receptacles away rather than leaving them alongside their garages. She has received several calls and complaints from residents. Page No. 31 March 16, 2004 Mayor Huber announced that Scott Goldenstein was awarded with i the George Lowe Firefighter of the Year award at the Fire Relief Association's recent annual banquet. ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved that the meeting be adjourned to the Council goal setting workshop on Friday at 8:00 a.m. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 12:30 a.m. �GG�..a✓ /1! K thleen M. Swanson City Clerk