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2003-03-04 City Council minutesPage No. 1 March 4, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 4, 2003 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 Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE The City Council, audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of the regular meeting held on February 18, 2003. Councilmember Vitelli 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, Tom Weinzettel retirement, 6f, NPDES software, 6g, lawn mower purchase, and 5i, Waters Drive sign permit, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the February 12, 2003 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the January 28, 2003 Planning Commission meeting. c. Acknowledgment of the minutes of the February 25, 2003 Planning Commission meeting. Page No. 2 March 4, 2003 d. Acknowledgment of the Building Activity Report for February, 2003. e. Approval of the appointment of Kristen Schabacker as Finance Director for a one -year probationary period effective on March 1. f. Approval of a letter of support to pursue foundation funding for the Fully Developed Communities Group. g. Approval of the issuance of a permit for Paula Schroeder to allow the addition of a pet grooming salon sign on the Mendakota Animal Hospital sign. h. Approval of a critical area permit for CDI for a four foot fence at 910 Sibley Memorial Highway. i. Approval to schedule a Council workshop from 6:00 to 7:30 p.m. on Tuesday, March 18 for discussion on the Garron/Acacia site and the Bluffs proposal. j. Approval of the list of contractor licenses dated March 4, 2003. k. Approval of the List of Claims dated March 4, 2003 and totaling $198,557.08. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 WEINZETTEL RETIREMENT Council acknowledged a memo from Fire Chief Maczko announcing the retirement of Firefighter Tom Weinzettel effective on February 19. Mayor Huber informed the audience that Firefighter Weinzettel retired from the Fire Department after 32 years of service to Mendota Heights, Lilydale, Mendota and Sunfish Lake. He recognized Firefighter Weinzettel for his many years of excellent service to the city and acknowledged that this will be the first time in the 55 year history of the department that a Weinzettel will not be serving the community. Tom, his father Rich, Grandfather Jake and Uncles Jack and Bob gave a combined total of 119 years of service to the community as members of the Fire Department. Page No. 3 March 4, 2003 Councilmember Duggan suggested that perhaps the Fire Station should someday be named the Weinzettel Fire Station in honor of the family. Councilmember Krebsbach commended the family for their history of service to the community. NPDES SOFTWARE Council acknowledged a memo from Engineer Marc Mogan recommending the purchase of software to assist with the preparation of the NPDES Phase II permit and to assist in tracking and reporting tasks required under NPDES Phase II. Mayor Huber asked to what extent this is different, or in addition to, or how it relates to the expenditure Council approved for the NPDES consultant work. Public Works Director Danielson responded that Council approved a contract with a consultant to help staff prepare a permit that was due by March 10. that deadline has been extended by 60 days, but the permit is just the start. The city will have on -going permit requirements into the future as far as he can see. This software will help staff prepare and submit that information to the Minnesota Pollution Control Agency in the future. Mayor Huber asked when the first permit submittal is due that this software will facilitate preparation of. Public Works Director Danielson responded next year and every year following. Because the League of Minnesota Cities is buying the software in bulk, they were able to get it at a reduced rate now. Fifteen cities must purchase the software by March 14 in order to get the discount from the program developer. There is a question of whether the city could get the reduced rate if the software is not purchased now. Mayor Huber asked if the city would be purchasing the first version, and pointed out that if that is the case, there will likely be an upgrade version by next year. He stated he does not want the city to be a beta site and that he would rater purchase software that has been in the marked place and has been proven to be successful. Administrator Lindberg responded that the software firm has indicated that the purchase now would include one free upgrade when it comes out in March. She stated that she is not aware of whether the city would be responsible for paying for future upgrades. Page No. 4 March 4, 2003 Councilmember Krebsbach stated that Council authorized $10,000 for a consultant to prepare the permit, and this would be an additional $3,500 that would allow the city to do the permit on its own. Administrator Lindberg responded that the idea is that staff would be able to do future permits with this software. Responding to a question from Councilmember Schneeman, Mr. Danielson stated that staff is hoping not to have to upgrade the software beyond the upgrade that is due in March. Councilmember Duggan asked if the city has an IT person who could comfortably handle this software and whether there will be training. Mr. Danielson responded that he is hoping to send three of the engineering staff to training at the League so that whoever has time can run the application. Responding to a question from Councilmember Duggan about whether the software cost would be in addition to the potential $5,000 to $10,000 for completion of the next phase, he stated that this is in addition. The software would be used for permits in future years. Councilmember Duggan was concerned about over - expenditures that have occurred and asked if Lilydale and Sunfish Lake could share the cost. Mr. Danielson responded that staff knew the whole process would be expensive, and the software cost is within the storm water fund budget. The budget anticipates over $35,000 for the preparation of the permit. Councilmember Duggan was uncomfortable with making the expenditure and did not see it as taking a risk by waiting. There will be other software coming out. He asked if the software has been tested. Mr. Danielson responded that it was invented in Texas and is being used all over the United States. The League is encouraging cities to buy this software. Councilmember Vitelli stated that he fully supports the proposal and the staff recommendation but that he would make the same comment he made a month ago that NPDES is one of the biggest government boondoggles he has ever seen. Cities will have to spend $750 Page No. 5 March 4, 2003 million to create a big stack of paper and nothing will have been accomplished. It is the biggest waste of money he has seen since he came on Council, but there is nothing the city can do about it because of the federal mandate. Councilmember Krebsbach stated that she would support an approving motion but that this is something Council should watch in terms of public policy. Councilmember Duggan stated that he had suggested that the city contact the local high schools to see if their science departments would be interested in assisting in the NPDES process. Councilmember Vitelli responded that asking staff to get local students involved is a good idea, but it would take them longer to do a task than it would normally take. It would also make the task more difficult for staff and would take time that staff does not have. Mayor Huber stated that his concern is to make sure the software is well tested. He asked staff to contact someone who has actually used the software before the city makes the purchase. Councilmember Schneeman asked that Council be appraised if fifteen cities do not participate, because the reduced rate will not be available otherwise. Councilmember Vitelli moved to authorize purchase of a copy of the DBSP, Inc. Assist MS4 Software Suite to track and report information to the MPCA that is required under the NPDES Phase Ii Permit at a reduced price of $3,495 that is being offered through the LMC volume discount, with the condition that fifteen cities participate so that the city receives the discounted price, and that the expenditure be paid from the Storm Water Utility Fund. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 RIDING LAWN MOWER Council acknowledged a memo from Public Works Director Danielson regarding the purchase of a riding lawn mower for the parks department. Councilmember Duggan stated that the purchase price is $756 more than is budgeted. He pointed out that the video surveillance equipment was over budget as well. He stated that Council needs to be cautious and attentive and should ask if there are over Page No. 6 March 4, 2003 expenditures, Council should ask if there are ways where money can be saved somewhere else. If there is an overage in one place, staff should make up the overage somewhere else. Councilmember Vitelli moved to authorize the issuance of a purchase order to Gerlach Service Inc., for an ExMark Mower at their state contract price of $11,756.75. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 AMR TEC SIGN PERMIT Council acknowledged a memo from Code Enforcement Officer Berg recommending the issuance of a permit for a 13.2 square foot sign at 2333 Waters Drive (Gateway Commons) for AMR Tec. Responding to a question from Councilmember Krebsbach, Public Works Director Danielson stated that the sign complies with the approved sign policy for the development. Councilmember Krebsbach moved to authorize the issuance of a sign permit for a 13.2 square foot sign at 2333 Waters Drive for AMR Tec. Councilmember Duggan seconded the motion. Ayes: 5 �. Nays: 0 PUBLIC COMMENTS Ms. Liz Petschel, 645 Quail Ridge Circle, stated that the concrete foundations just went in for the new transmission lines. The lines are going to be strung in January. She asked if the neighbors have any control over what color the stanchions and poles will be. The people who were working on the foundations feel they will be silver. The neighbors feel that would be a travesty. There are transmission lines going on in Lakeville and other areas and they have all been painted a color similar to our water tower or gray. She asked if the city will ask Xcel to give thought and attention to what color the poles will be. Mayor Huber responded that staff is preparing an article for the city newsletter to update residents on what is going on with this issue. People have been asking Council if there is anything Council can do with respect to the transmission lines, but the city's legal counsel have stated that there is not much Council can do. Administrator Lindberg stated that Xcel's standard color for the poles is galvanized steel, and Xcel's representatives have said that is Page No. 7 March 4, 2003 the color they choose because it blends in best with the sky. Staff has asked them about painting the poles the color of the water tower, but they were concerned about maintenance costs. She stated that the city can send a letter of request to Xcel if Council desires. Ms. Petschel responded that there a pole at the end of the high bridge and it is painted. There are also similar poles in Lakeville and in St. Michael and they are painted. Mayor Huber asked Ms. Petschel to share with staff the specific sites where the poles are located and the colors that Xcel used so that staff can point out in the letter to Xcel the other areas where they have painted poles. Ms. Petschel responded that there is an enormous pole at the St. Paul end of the high bridge and similar poles in the Boulder Village project in Lakeville and also in St. Michael. Councilmember Duggan stated that he understands that at some point Xcel will have to come to the city for a franchise agreement. Administrator Lindberg responded that Xcel is willing to meet with i the city about a franchise agreement that would apply to future work they would do in the city. The prior franchise agreement has expired. She stated that staff will bring that issue back before Council in the future. Councilmember Schneeman stated that she believes when Council was visiting with Xcel on issues, color came up and they seemed to be willing to discuss colors. Councilmember Krebsbach stated that painting the poles may give them a less industrial look. Ms. Petschel expressed appreciation for the letter that was sent by the city to the MAC at the request of the Airport Relations Commission. ORDINANCE VIOLATION Council acknowledged a memo from Code Enforcement Officer Berg regarding an ordinance violation related to a pop up camping trailer at 752 Mohican Lane. Since the home owners were not present, discussion on the matter was delayed. DRY CLEANING FACILITY Council acknowledged a memo from Assistant Hollister relative to the concept of a dry cleaning facility on a vacant lot at Northland Page No. 8 March 4, 2003 Drive and Highway 55, immediately south of the CSC building and the SuperAmerica. Mr. Dan Klasen, owner of Clean `n Press Drycleaning, was present for the discussion. Mayor Huber stated that the issue is that the use is not specifically mentioned in the permitted uses in the zoning district, and that Mr. Klasen is present to see if Council would entertain the use before he makes application. Mr. Klasen stated that it would be a free - standing building and would include retail, along with the dry cleaning plant, and leased retail space. Dry cleaning and pressing would be done at the facility. Employees would also be trained at this facility to go out to his stores to take the place of someone who is ill or missing for some reason. He would build a structure that would look similar to the other buildings in the area. He has one van that would be used for route servicing. It would come and go about twice a day. A second, larger, van is used to deliver the clean clothes to his stores and pick up the dirty clothes. Councilmember Krebsbach asked what route the vehicles would take. She stated that there are two schools on Mendota Heights Road between Lexington and Dodd and traffic is a concern. Mr. Klasen responded that his vehicles would likely not use Mendota Heights Road and would need to get to I -35E and I -494. Responding to a question from Councilmember Duggan about how the perchoroethylene material is stored, Mr. Klasen stated that there will be a "still" on site where the material will be constantly recycled and reused. Councilmember Duggan stated that he toured the JA Cleaners facility and they have a system that is self - contained. There are two containers under the machine. Mr. Klasen stated that he will have a complete containment system under the entire work area, not just under the machine. Nothing will go into the waste system. Councilmember Duggan stated that he was concerned that Mr. Klasen wants to rent out part of the building, but, based on his experience with the people at JA answering his questions, he would be very comfortable with Mr. Klasen's proposal. Page No. 9 March 4, 2003 Councilmember Vitelli supported the application and stated that he would recommend the first option presented by the City Planner — that Council make a declaration that the use is substantially similar to other permitted uses in the district. Responding to a question from Councilmember Schneeman, Mr. Klasen stated that he currently has one plant and seven stores. Councilmember Krebsbach stated that Mr. Klasen will have to commit to the architectural style of the other buildings in the area. Mayor Huber stated that all Council needs to do this evening is indicate whether it would be amenable to an application. Council is not approving the business tonight. Part of the discussion tonight has to do with quality of the building. If a proposal comes back in the manner of Council's expectations tonight, everything would be fine. Based on what he has heard tonight, the proposal sounds good , but Mr. Klasen needs to come back with a formal application. FREEWAY ROAD Council acknowledged a memo from Public Works Director WATERMAIN Danielson regarding the Freeway Road watermain and requests from two of the Freeway Road area residents for replacement of the watermain in conjunction with the street project. Council also acknowledged drafts of proposed franchise agreements with St. Paul Water. Mr. Bernie Bullert was present on behalf of St. Paul Water. Mayor Huber stated that there are two issues to be considered. One is whether the city wants to pursue a memorandum of understanding with the St. Paul Board of Water Commissioners. The other issue is irregardless of the agreement, Council has to deal with the issue of some watermain breaks and the soil in the North Freeway Road area. Pursuing the memorandum of understanding is a policy matter. The other is an engineering call. Based on everything that has been brought before Council, should this area get new watermains? Mayor Huber asked Mr. Bullert if, in his experience and knowledge, he has seen many discussions on these issues. There is also the question of the soil in this area. He asked Mr. Bullert, given the information that has been presented to Council, what his estimation is the appropriate thing to do relative to the watermain itself. Mr. Bullert responded that St. Paul started replacing mains in the 1970's. They started by calculating a formula on when the mains be replaced. Corrosive soil is a problem, and St. Paul Water has replaced much pipe in St. Paul because of corrosive soil. The other problem soil is expansive clay. He stated that people get upset about Page No. 10 March 4, 2003 new streets being dug up. St. Paul Water has been leaning on replacing watermain in expansive clay because they do not want to cut up a street that has just been put in, but they also have a policy of getting rid of old cast iron pipe. If there is a soil issue, the policy leans away from the formula and the watermain is replaced. Mayor Huber asked if Mr. Bullert is saying that given the convergence of replacing the streets and the soil issues, it may be a good time to replace the watermain. Councihnember Duggan stated that if there is any breakdown in the infrastructure, the city replaces it anyway. Mayor Huber responded that if there is a break in a watermain, St. Paul Water fixes it. Councilmember Duggan stated that St. Paul Water has a 20% surcharge on Mendota Heights water bills that pays for upkeep and. mains. He also stated that he wants to know the valuation of the water tower. Mayor Huber responded that if Mendota Heights enters into the agreement with St. Paul, the surcharge would be coming off. Councilmember Vitelli that what he understands Mr. Bullert said is that based on his knowledge and experience, it is his recommendation that Council should seriously consider replacing this main when the street is reconstructed. Mr. Bullert responded that it is his recommendation. Mayor Huber stated that if there is a consensus that replacing the watermain is appropriate, Council should then talk about the agreement. Responding to a question from Councilmember Duggan, Mr. Bullert stated that the Freeway Road watermain does not meet the break frequency criteria for replacement but St. Paul Water would vary from using that criteria because of the soils. Councilmember Duggan stated that Council needs to figure out how to pay for the replacement or enter into an agreement with St. Paul Water and give away the city's water system. Page No. 11 March 4, 2003 Councilmember Vitelli stated that he disagrees with categorizing it that way. Councilmember Krebsbach stated that she would like to see a costibenefit analysis and what the benefit to the city is to keep the water tower and lines. She asked if St. Paul Water draws water from the city's 30 inch line on Wentworth. Mr. Bullert responded that St. Paul's 6 mg reservoir and the Mendota Heights 2 million gallon water tank float together depending on demand. Mayor Huber stated that he has no intention of approving the St. Paul Water agreement tonight. The question tonight is whether Council wants to work towards getting an agreement because the city pays St. Paul a 20% surcharge on water. The surcharge would be eliminated in total and would result in about $200,000 less in annual water billing to the city. The residents, businesses and city are paying $200,000 to $225,000 a year that they would not be paying without the surcharge. Councilmember. Vitelli stated that if Council can work out an agreement with St. Paul, people's water bills would go down 20% and that would take four to five years. That is one benefit. Responding to a question from Mayor Huber, Finance Officer Schabacker stated that she spoke with the city's auditors, and their opinion was that turning over the mains to St. Paul Water would not affect the city's bond rating. Councilmember Vitelli stated that another benefit to entering into an agreement with St. Paul is that eventually the city's watermains will need to be replaced. At that time, Mendota Heights would have to find the funding — in the case of the Freeway Road watermain, the cost is estimated at $250,000. If the city enters into an agreement, St. Paul would maintain the integrity of the system so Mendota Heights would not be looking at that cost. He asked what other cities are in an agreement with St. Paul. Mr. Bullert responded that St. Paul Water serves nine cities in addition to St. Paul. The only remaining retain system that is not under St. Paul Water's ownership is Mendota Heights. There are three wholesale customers, Roseville, Arden Hills and Little Canada, and St. Paul only sells them water at their border. Responding to a question from Councilmember Duggan, Mr. Bullert stated that St. Page No. 12 March 4, 2003 Paul has the cost of service. It looks at the cost plus return on investment, which is where the original 20% surcharge to the cities it C serves came from. The other cities wanted equalized rates, and negotiated the agreement with St. Paul Water. Mendota Heights is the only retail customer that has not come into the agreement. He informed Council that St. Paul has an AA+ bond rating. Councilmember Krebsbach stated that if the city were to enter into the agreement, Mendota Heights would see a 20% reduction in water rates and St. Paul Water would fix the city's watermains. She asked what benefit there is to St. Paul besides and improved bond rating. Mr. Bullert responded that the benefit to St. Paul Water would be having Mendota Heights as a permanent customer and lower interest rates if St. Paul Water owns the entire system. Councilmember Duggan stated that he understands that the 20% reduction and the savings to the city over the years for watermain replacement, but the city paid for the infrastructure. He stated that he would like to know the value of the water tower and the underground infrastructure, etc. He would be uncomfortable signing off on an agreement without having information on what the city is giving away and at what cost. He would also like to know if the other cities are happy with St. Paul. He stated that he understands that the 20% is being charged in order to build funds to replace or repair faulty or aged mains, and he would like to know whether that is correct. The other significant question is what happens to the water tower revenue. The Parks and Recreation Commission count on that revenue, and Council needs to have discussion on that issue. Mayor Huber asked Councilmember Duggan whether he would be willing to move forward on negotiating an agreement if he gets satisfactory answers to his questions. Councilmember Duggan responded that he would be willing to move forward if it looks favorable. If it is just break even, he would not be in favor of an agreement. Councilmember Vitelli stated that this is an item that has not been discussed adequately in the last decade. All of the members of Council anticipated this would be a discussion item. What the Mayor is asking is whether an agreement should be pursued. The city's residents would save 20% on their water costs. Also, the city would not be,confronted with $250,000 in watermain replacement costs for the Freeway Road area. If Council finds that the asset value i Page No. 13 March 4, 2003 of the watermain system is $5 million, it wouldn't mean anything because no one is going to buy the system. The real key on the asset is what it would do to the city's bond rating. Mayor Huber stated that Council is not trying to rush this through. The issues must be handled concurrently because there is construction coming on North Freeway Road. Council needs to at least give some indication whether it wants to work on a process of moving forward and continue to pursue an agreement. Councilmember Krebsbach stated that she would like more information so that she feels more comfortable with going forward. She would like to know what the trade off is for turning over a $5 million asset and then talk to Mr. Bullert. Mr. Bullert stated that many of Council's questions are answered in the West St. Paul and Maplewood agreements, which he brought along for Council. Storage in the tower, painting, cell antennas, etc. are all addressed in the agreements. Councilmember Krebsbach stated that Arden Hills is similar in size to Mendota Heights and she wondered why they did not enter into an agreement. Administrator Lindberg stated that staff can work with Mr. Bullert and with the city attorney and be prepared to answer the questions raised by Councilmembers Duggan and Krebsbach at the next meeting. Hopefully, staff will also have a draft agreement for Council to discuss. Councilmember Vitelli stated that the bond rating issue should also be addressed in writing. Councilmember Krebsbach stated that she does not think the issue needs to be discussed at the next meeting. She would rather have the discussion and then draft the agreement. The bond rating is a key issue. Public Works Director Danielson stated that time is of the essence. The contract for the street reconstruction has been awarded and the contractor has indicated he would be willing to dig the trenches to replace the watermain. Mayor Huber stated that staff should clean up the agreement by the next meeting and get the answers to Council's questions so that the whole package is before Council on March 18. He felt that all of the Page No. 14 March 4, 2003 issues can move forward concurrently. He also pointed out that the city does not have $250,000 to replace the Freeway Road watermain. Responding to a question from Councilmember Krebsbach, Public Works Director Danielson stated that watermain installation is funded through assessments. The watermain replacement on Decorah was funded by the water revenue fund, but there is no resource available for watermain replacement at this level of cost. Mayor Huber stated that the water system is a tremendous asset but also a tremendous liability when watermains start to need replacement. If the city does not enter into an agreement, Council needs to consider how the city would fund future replacement. He stated that he would really like to have the matter back before Council on March 18. Councilmember Duggan stated that he would also like to find out if there are fluctuations is water prices. When Council discusses the 20% savings over a period of time, it needs to know there will not be cost increases. Mr. Bullert responded that the Board of Water Commissioners establishes the St. Paul Water budget and water rates. In the last ten years, the utility's staff has been reduced 25% and the water rate increases have been kept at 2% or less. He stated that he will provide information on rate increases to Council. Councilmember Schneeman suggested that if any Councilmembers have additional questions, they should write the questions down and give them to staff to address at the next meeting. BALLFIELD LIGHTING Council acknowledged a memo from Parks Project Manager Kullander regarding the Park and Recreation Commission's response on the ballfield lighting matter. Mr. Kullander reviewed the commission's discussion and his memo for Council. He stated that if Council wants to proceed with lighting one or two fields, the commission feels the cost should not be funded by a referendum but through other sources. If Council wants to look at other trail and park improvements, the commission is willing to work towards a bond referendum. Mayor Huber stated that at the last meeting, Council told the residents in the Mendakota Park area that Council would not be looking at lighting those fields. The Park Commission is looking for Page No. 15 March 4, 2003 direction. They felt that there is a priority for lighting, the priority should be the St. Thomas, Sibley and the Civic Center fields. They feel that scheduling of the existing fields is maxed out without lights. The issues are: is there a need; if there is a need, is Council comfortable with lighting a couple of fields; and, given an expenditure of this size, is this the most important item to spend money on. The need probably exists. One concern is whether the recommendation should be that the city spend that much money. Unless Council is willing to wholeheartedly support a referendum, he does not think it would have much of a chance. Given the economy and the budget cutbacks the city is looking at, it would be very difficult to sell a referendum. He stated that he is not so sure that St. Thomas is interested in lights, and Council has had discussions about lighting the Civic Center field. He would have a hard time with putting lights in Mendakota. Responding to a question from Councilmember Schneeman, Finance Officer Schabacker stated that she believes the bonds from the last park referendum will be paid off in two to three years but that she will get the exact information for Council. Councilmember Krebsbach stated that at some point the city will j need to look at a new park referendum. As the last one is being paid off, it seems that Council should do it right and look at trails, the warming house, etc., rather than just lighting. Everyone on Council would have to be behind the issue. If Council decides to light any fields, she thinks it is more responsible to have a referendum. Council has to deal with the budget shortfall at the state level for several years. Mayor Huber asked Councilmember Krebsbach if she thinks putting lights on a ballfield would make the referendum more difficult or easier to pass. Councilmember Krebsbach responded that there are many things that might cause it to pass. There are off - setting interests. Councilmember Schneeman stated that there would need to be an ad hoc committee who comes up with needs and wishes. She agreed that there may come a time when a referendum is needed but not at this time, and there needs to be a lot more Council discussion. Councilmember Duggan stated that he has attended two Park and Recreation Commission meetings and at the last meeting the commission had a list of projects they anticipate working on over the Page No. 16 March 4, 2003 next several years. City demographics indicate that this is the last large high school graduating class and the last large one coming up. He asked if St. Thomas is comfortable with having lights on its baseball and softball fields and what the cost would be for lights at the Civic Center field. He understands there are ballfields at the Friendly Hills Middle School and asked if the city is allowed to use them. He stated that the signal to the Parks and Recreation Commission should be to get the costs for St. Thomas and the Civic Center. At the last meeting, Councilmember Vitelli suggested that St. Thomas pay half the cost. Council needs to look at the projects the commission has put together. He stated that he would like to see the numbers. Councihember Vitelli stated that he has not been sold on an expenditure to light the ballfields. The proposal was that the lights not be on beyond 10:00 p.m. and in the summer, it does not get dark until 8:00 or 9:00. It does not seem appropriate to spend considerable money for lighting and only gain an hour or hour and a half of baseball time. He cannot support that idea. The city does not have lights and this proposal is to light fields. The people in Mendakota do not want lights, and in the winter there would be big poles to look at. He did not think that ballfield lights fit in Mendota Heights. He does not support lighting and would not support a referendum for lighting. Mr. Scott Miller stated that the Friendly Hills Middle School fields are used by the athletic association but they are very poor quality and are used only for practice. He recommended that lighting be included with other park improvements and likes the idea of a task force that includes MHAA members and others. Mr. Tim Milner stated that if there were ballfield lights, adult softball games could start at 7:45 and the field use would double. Lighting for coach -pitch games followed by adult softball works well. The proposal Mr. Miller brought forward is very aggressive. There are some things that could be done in the short term, such as lighting the St. Thomas fields. He stated that he got a letter from St. Thomas explaining how tight their budgets were and the need for tuition increases. He did not believe they have a lot of money to light a field. St. Thomas has a junior varsity field that with improvements would work - $30,000 would make it functional. That would be a good place to play high school aged baseball games. When it was discussed by MHAA, one of the keys was lighting Mendakota. It has the highest concentration of fields. The fields were designed for adult play and would work for double header Page No. 17 March 4, 2003 games for youth through adult. If Council is dead set against lights at Mendakota, it should look at acquiring land for fields. Mr. Miller stated that the youth teams need to use the fields at Mendakota two nights a week. If some of the other fields, such as Wentworth or Marie were rebuilt to accommodate play by the older youths, coach -pitch could be moved to Mendakota. Mr. Milner stated that the upgrade to the junior varsity field at St. Thomas should perhaps be considered no matter what is done with lights. Upgrading Wentworth or one of the other fields to meet the needs would require lighting Mendakota to allow later adult softball. If the varsity field at St. Thomas was used, a game would have to start at 4:00 or 4:30 followed by a game that starts at 6:30 or 7:00. With work schedules, etc., starting a game at 4:00 or 4:30 is not feasible. Responding to a Council question, Mr. Miller stated that it is very conceivable that if the St. Thomas field is lit, fourteen and fifteen year old kids could start at 4:30 or 5:00 and then have a second game. He did not know if there is a regulation on when the field lights would have to be off at St. Thomas. If the lights could remain on until 10:00 or 10:30 there could be double - headers at the field. Mayor Huber stated that one concern about a referendum is whether it is the most importing timing for the city right now. Another issue is whether Council can look at Mendakota and say they can support putting lights at that complex. Council really has to put thought into that. He is fearful of starting a process Council never intended or a process where there is not consensus. He stated that if he does not think he can get to the point where he could look people in the eye and say lights are the most important thing to spend city money on. Councilmember Krebsbach stated that the reason she has spoken about a referendum is because Council is getting emerging requests from the Parks and Recreation Commission and the question of maintenance of what is already in place, and because Council keeps getting the recurring request for lights. One of the things she has heard about lighting Mendakota is tournaments. If the city were to improve a field at St. Thomas and the light the field, there is the option for tournaments. She suggested putting together a referendum that is all- encompassing. She did not think people would support spending $150,000 for lighting at Mendakota. Page No. 18 March 4, 2003 Councilmember Vitelli stated that he is not sold on lights. He did not feel there is enough need right now to discuss a referendum. He stated that he cannot support field lighting and does not know that trails are a big problem, and the Wentworth warming house does not warrant a referendum. He would not support the lights and would not ask the Parks and Recreation Commission to spend a lot of time on this. ,Council has other budget problems to consider in the next year. Councilmember Schneeman agreed. She felt that there should be a referendum in the future, but not this year. She stated that she thinks there are a lot of families that would like lighted fields. She wondered whether St. Thomas and Sibley would really want the lights. They do not have school in the summer, so why would they want to spend the money. The idea of an ad hoc committee was brought up by the Parks and Recreation Commission. The though was that if they put everything together, they could sell the combination and they sent it back to Council to see what Council thinks. She would ask the commission to give Council their list of projects and the costs for the lighting. A referendum will not pass if the entire Council does not support it. Council needs the numbers so that. they know what they are talking about. Council should also find out whether St. Thomas and Sibley are interested or not. With respect to fixing up the junior varsity field at St. Thomas, Mr. Miller stated that anything that gives MHAA a 90 foot field has some merit and MHAA has an agreement with St. Thomas. MHAA has probably saved the city $1 million over the last ten years by providing youth athletic programs. There needs to be continued discussion on field lighting. Mayor Huber recommended referring the matter back to the commission. He stated that an inquiry should be made of St. Thomas as to what their interest is and the city should broach the subject with them about fixing the junior varsity field. He does not see a consensus for lighting Mendakota and does not feel much would be gained by talking about lighting the Sibley fields given the constraints. He stated that he would have a hard time with a significant capitol investment or a referendum at this time. Also, Council must show respect for the residents in the Mendakota area. ORDINANCE VIOLATION Administrator Lindberg informed Council that she had unsuccessfully attempted to reach Mr. & Mrs. Epstein to see if they will be present for discussion on the ordinance violation at 752 Mohican Lane. Page No. 19 March 4, 2003 Councilmember Duggan moved to table discussion on the matter to March 18. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 FIRE STATION PLUMBING Council acknowledged memos from Fire Chief Maczko and Assistant Chief Kilberg regarding plumbing repairs at the Fire Station. Councilmember Duggan asked if the fire department is comfortable with the low bidder. Harris Mechanical did about $2,800 in work at the station last year and would be somewhat familiar with the system. Assistant Chief Kilberg responded that Harris has done heating and air conditioning work, but this is the firs time he has gotten a plumbing bid from them. He is very comfortable with the low bidder, Ryan Plumbing & Heating, and the way they are going to approach the repairs. Councilmember Vitelli moved to accept the low bid of Ryan Plumbing for $10,400 for plumbing repairs at the fire station. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Huber called a recess at 9:52 p.m. The meeting was reconvened at 9:58 p.m. FIRE STATION PLUMBING Councilmember Vitelli moved that the $900 additional cost for fire station plumbing repairs that exceeds the budgeted amount of $9,500 be covered by the current fire department operating budget. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 EAW — THE BLUFFS Council acknowledged a memo from Administrator Lindberg requesting authorization to retain Barr Engineering to review the draft EAW for the Bluffs. Council also acknowledged the draft EAW. Page No. 20 March 4, 2003 Mayor Huber informed the audience that the city has received the preliminary draft of the EAW from Ron Clark and staff has begun to go over it. All Council will do this evening is to discuss whether Barr Engineering should be retained to review the draft. There will be no discussion on the document itself. Mr. Dan Brown, from St. Paul, asked whether hiring an attorney to review the EAW means Council has made a decision about how many parties are going to contribute to the EAW and a decision as to whether the EAW is full yet. City Attorney Schleck responded that the purpose tonight is just to look at whether or not to retain an outside consultant to help answer that question. Council is free to review all evidence it feels is relevant, not just what is submitted by the developer. Council would not be hiring an attorney. The consultant is an engineering firm that has done many EAWs. They would help the city make sure the document is complete. He stated that there is no provision in the rules that require the city to solicit comments from individual groups. The Dakota Community has submitted quite a bit of information and the city can consider any information it feels is relevant. Mayor Huber stated that when the EAW process is complete there is a 30 day comment period. Mr. Brown stated that Council will make a decision that the EAW is complete and then give notice about the comment period. His question is if it will be clear when the sends out an agenda that as a Council, the Council is going to consider whether the EAW is complete and at the point will send the notice in for publication. Mayor Huber stated that the Dakota Community has asked to be an intervener and Mr. Tom Casey has been the Dakota Community's contact. Mr. Casey was contacted when the agenda was prepared for this evening. He stated that the city would be willing to send an agenda to anyone who requests one. Administrator Lindberg stated that she clarified to everyone who called what would be done tonight. Councilmember Vitelli stated that Mr. Brown's questions are good and they relate to what the process is. The way he understands what the process is is to make sure everyone who wants to make input should submit written material to the City Administrator. Some has already been received. The city has received the developer's Page No. 21 March 4, 2003 document, and that is his input. Someone has to integrate the input and condense it in such a manner that it reflects what the individuals contribute. He asked if Barr will integrate and edit it. Administrator Lindberg responded that the task Barr would be asked to do is to review the .document for completeness and recommend what may be missing. They will review the information from the developer and all the information that has been submitted to the city by the Dakota Community and others. The draft from the developer is in the format of a worksheet that is put out by the EQB. Barr will determine if there is enough information and if the EAW is complete. Counciimember Duggan asked if the city will be asking Barr to verify the information that was provided by Hedlund Planning and Engineering and the developers. Attorney Schleck responded that validating the information is not part of the scope of work they are intended to pursue. Their role would be to assist the city in determining whether the developer has completed the process or what is missing. Councilmember Duggan asked if Council can ask Barr to flag a question if they are uncomfortable with it so that Council can have it looked at by another entity Attorney Schleck responded that is included in the scope, but they would not, for example, go out to the site to determine whether there are any underground tanks. Attorney Schleck stated that if there are any question about the process, the EQB has a website that has very good discussions about the process and the timing and how the whole thing works. Mayor Huber asked what the timing is for Barr. Administrator Lindberg stated that they indicated they would do everything they can to get it back prior to the next meeting, or, at the latest, the first meeting in April. There is no timeframe by which the city has to review the EAW. This would just be Barr's review of what has been submitted. Their report will also be public information. Attorney Schleck stated that as the responsible government unit (RGU), the city has the responsibility to decide when the EAW is Ayes: 5 Nays: 0 Page No. 22 March 4, 2003 done. The city makes a determination it has received all relevant information, and that that point it is published for a 30 day commend period. The comments must be responded to by the RGU. Following that response, the RGU must make the determination based on the EAW, whether the project has the potential for significant environmental impacts. Councilmember Schneeman stated that she is very concerned about the accuracy of the information and that she wants to be sure that everything Council gets is honestly done. Councilmember Vitelli moved to authorize staff to retain Barr Engineering to assist in the review of the draft EAW, the preparation of responses to the EAW comments, and the preparation of findings of fact in an amount not to exceed $10,500. Councilmember Duggan seconded the motion. Attorney Schleck informed the audience that when Council determines the EAW is complete, the EAW will be published in the Environmental Quality Board Monitor. That starts the 30 day comment period. The Monitor is available on line at the EQB website, or people can call the city. C Mr. Bob Brown stated that he is hoping the Council looked at the work of Hedlund and thought it was not exactly what Council hoped for. He appreciates that Council is retaining Barr and thanked Council for keeping everyone informed on what happens as it happens. COUNCIL COMMENTS Councilmember Krebsbach congratulated the Tom Eagan and other individuals who were appointed or reappointed as Metropolitan Council District representatives and Dave Metzen for his appointment to the University Board of Regents. Councilmember Krebsbach stated that there are several families in Mendota Heights who have loved ones who are very ill. One of the families, the Ngyen family, has a web site people can visit. Mayor Huber informed Council that he and Councilmember Duggan attended the LMC Newly Elected Officials conference over the weekend and it was a very good session and very worthwhile. Page No. 23 March 4, 2003 Mayor Huber stated that he has had a number of calls from people about dogs and asked people to be conscientious about cleaning up after their dogs, particularly on trailways and parks and also in their neighbors' yards. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 TEVIE OF ADJOURNMENT: 10:26 p.m. Kdthleen M. Swanson City Clerk