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2002-12-17 City Council minutesPage No. 1 December 17, 2002 -- CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 17, 2002 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. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the amended minutes of the regular meeting held on December 3, 2002. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember moved approval of the consent calendar for the meeting, revised to move items 5a, NDC4 minutes, 5e, park bench donations, 5f, ice rink usage, 5j, Third Parallel Runway, 5k, Fire Department nozzles, and 5r, salary resolutions, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for November. b. Acknowledgment of the Building Activity Report for November. c. Acknowledgment of the Fire Department monthly report for November. d. Approval of a revised Policy on Community Use of City Hall Facilities. e. Acceptance of the resignation of Police Chief Piotraschke and authorization to advertise for the position. Page No. 2 December 17, 2002 f. Authorization for the City Clerk to sign a "Land Surveyor's Certificate for Correction to Plat' ' for Hidden Creek. g. Approval of the appointment of Sergeant Don Anderson to Acting Police Chief, effective January 15,2002, at Level D, Grade 35 of the pay matrix. h. Approval of the 2003 NDC 4 budget. i. Approval of a critical area permit to Ms. Barbara Byng, along with authorization for issuance of any necessary building permits for a four foot fence at 1268 Wachtler Avenue. j. Approval for a change of material from the large concrete gabion wall system that was approved for 711 Woodridge Drive (David Berg Critical Area permit), to a segmental concrete block wall and soil reinforcement system design. k. Approval of the appointment of Jennifer Hurst to regular full - time status as a police officer. 1. Approval of "Domus, Elegant Harmony" light and `BOR80" bollard as the Town Center standard fixtures for street and trail lighting and that John Olson, Excel Energy, be authorized to order the lights.. m. Adoption of Resolution No. 02 -76, `RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $495,000 GENERAL OBLIGATION PARK REFUNDING BONDS OF 2003 AND PROVIDING FOR THEIR ISSUANCE." n. Approval of the list of tobacco license dated December 17, 2002. o. Approval of the list of contractor licenses dated December 17, 2002. p. Approval of the List of Claims dated December 17, 2002 and totaling $222,217.93. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 C� Page No. 3 December 17, 2002 NDC4 MINUTES Councilmember Schneeman noted that some of the pages from the NDC 4 minutes were missing. She also asked what Councilmember Vitelli thinks about the commission's budget. Councilmember Vitelli responded that he feels the commission is being conservative enough recognizing that there are going to be reduced revenues because of the lack of sale of broadband service by the cable provider. Councilmember Schneeman moved acknowledgment of the unapproved minutes of the October 9, 2002 NDC4 Commission meeting and the November 13, 2002 Executive Committee meeting. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PARK BENCH DONATIONS Council acknowledged a memo from Parks Project Manager Kullander regarding donations to the park bench program. On behalf of Council, Councilmember Vitelli formally recognized all of the individuals who donated $750 towards the purchase of benches. Councilmember Vitelli moved acknowledgment of donations to the park bench donation program from the Schneeman children, Raline Paper, Ken and Lynne Malloy and Karen Beaudette. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 ICE RINK USAGE Councilmember Schneeman stated that it is interesting to note the statistics on ice rink usage in the city over a 30 day period beginning on January 5, 2002. She stated that Recreation Programmer Gangelhoff has also developed a log for the rink attendants that will be very helpful. Councilmember Schneeman moved acknowledgment of the ice rink usage report submitted by Recreation Programmer Ganglehoff. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Page No. 4 December 17, 2002 THIRD PARALLEL RUNWAY Council acknowledged a memo from Administrator Lindberg regarding execution of the Third Parallel Runway contract once it has been approved by MAC. Councilmember Krebsbach informed the audience that Mayor - Mertensotto worked with the MAC on a contract that would prohibit construction of a third parallel runway through the year 2021. Mayor Mertensotto stated that Mendota Heights has approval "say so" with respect to the construction of the third parallel runway. One of the terms of the negotiations was that if any other affected city received a more favorable contract, Mendota Heights would receive the same. Councilmember Krebsbach moved to authorize execution of the Third Parallel Runway contract with the Metropolitan Airports Commission once the contract has been approved by the MAC. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 FIRE EQUIPMENT Council acknowledged a memo from Fire Chief Maczko requesting authorization to purchase firefighting nozzles. Councilmember Krebsbach asked how old the nozzles are that are being replaced. Administrator Lindberg stated that she did not know, however this is a budgeted item. Councilmember Krebsbach moved to authorize the purchase of nozzles and fittings for an amount of $4,051.00 from Danko Emergency Equipment. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 SALARY ADJUSTMENTS Mayor Mertensotto stated that he asked that the proposed salary adjustments for non union employees be removed from the consent calendar because he intends to vote against approval. He stated that he does not feel that a 3% adjustment is appropriate given the economy. He further stated that many people are under financial stress and Council is not being sensitive to the plight of many of their constituents. C Page No. 5 December 17, 2002 Councilmember Dwyer moved adoption of Resolution No. 02 -77, "A RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON ORGANIZED EMPLOYEES TO REFLECT A THREE PERCENT ANNUAL ADJUSTMENT FOR 2003," and Resolution No. 02 -78, "A RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 2003 AND ESTABLISHING CERTAIN OTHER BENEFITS." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 1 Mertensotto EXPRESSIONS OF In recognition of Mayor Mertensotto's final Council meeting, several APPRECIATION residents were present to express their appreciation for his dedication and accomplishments. Mr. Bernard Friel, 750 Mohican, stated that he has lived in Mendota Heights nearly as long as Mayor Mertensotto has served the community either as a member of the Council or the Mayor. Although he and the Mayor have not always agreed, it has always been clear to him that whether or not they agreed the Mayor always took a position he believed was in the best interest of the city and its citizens, and everyone owes him their gratitude for all of the service he has given. Mayor Mertensotto has been a great leader and given dedicated service for more years than many people have been residents of the city. He also expressed appreciation to Council member Dwyer, with whom he served on the Planning Commission, for his dedicated service to the city and for keeping the city on the right track. Former Councilmember Jill Smith stated that this is a momentous occasion and a very special moment. She stated that she came this evening to express her thanks to Mayor Mertensotto. She thanked him for his efforts in making Mendota Heights the most livable first tier metro community. She stated that she had the opportunity to work with Mayor Mertensotto on airport issues and thanked him for his leadership. She expressed appreciation for his teaching her about responsible leadership and for being a friend. She expressed her appreciation also to Councilmember Dwyer, stating that is was a pleasure serving with him. Ms. Tamara Will expressed appreciation to Mayor Mertensotto for the city's parks and open spaces. When her family looked for a place to live they chose Mendota Heights because of the beautiful parks and the sense of safety. She stated that Mayor Mertensotto had a lot to do with that. She further stated that she was involved in the power Page No. 6 December 17, 2002 line issue and Mayor Mertensotto was always open and always willing to listen to her and the other citizens. Dakota County Commissioner Patrice Bataglia, 1235 London Road, stated that Mayor Mertensotto has also served the city as a county commissioner and has been a great resource for her. She expressed appreciation both to Mayor Mertensotto and Mrs. Mertensotto. She stated that she truly appreciates the time he spent on unselfish giving to the city and the sacrifices his family made over the years on a daily basis. Mayor Mertensotto is a friend to the city and many of its residents. She stated that as the Library Foundation president and chair, the Dakota County board has come to rely on his leadership and she hopes that he continues on the foundation. She stated that this is a time to celebrate the past and the future, and that Mayor Mertensotto will be leaving the city a much better place than before he came. On every day of service, he gave his best. Former Councilmember John Hartman thanked Mayor Mertensotto for his dedicated public service. Planning Commission Chair Sally Lorberbaum stated that she attended a leadership conference today and the first thing that was discussed was what the definition of a leader is. For thirty years, Mayor Mertensotto has provided a vision for the city. The fact that this is an excellent city speaks to his work and getting results. She expressed appreciation for Mayor Mertensotto's leadership and knowledge. He didn't always agree with the Planning Commission, but he listened to them and treated them with respect. She also expressed appreciation to Councilmember Dwyer, stating that she came on the Planning Commission under his leadership and she learned a great deal under his leadership. The city will miss Councilmember Dwyer's leadership on the Council. Mr. James Losleben, 815 Hazel Court, stated that he had the pleasure of working with Mayor Mertensotto for 12 years on the Council. Mayor Mertensotto was always one to listen and to test things. There have been many cases where his efforts saved the city thousands of dollars. He expressed appreciation for Mayor Mertensotto's hard work. He also expressed appreciation to Councilmember Dwyer for his service and dedication. Mr. Kevin. Milberry, 1000 Oxford Road, stated that he has lived in the city for 20 of the 30 years Mayor Mertensotto has been on the Council. He stated that he appreciates Mayor Mertensotto's time and efforts, for the control he has had in budgeting and the way the Page No. 7 December 17, 2002 city has been able to grow. He stated that Mayor Mertensotto treated everyone fairly and equitably whether they agreed with him or not. He thanked Councihnember Dwyer for all of his efforts, particularly his efforts on parks and recreation. Ms. Barb Haney stated that she grew up in Mendota Heights and that Mayor Mertensotto has been on the Council for all of her adult life. She expressed appreciation for all of the time he has spent on behalf of the city. She stated that she is proud to see how Mendota Heights has grown and appreciates the open spaces and the wonderful parks. Councihnember -elect Ultan Duggan, 2331 Copperfield drive, stated that it is a pleasure to acknowledge Mayor Mertensotto and his service to the city. Mendota Heights is the best place to live, work and raise a family. He expressed appreciation to both Mayor Mertensotto and Councilmember Dwyer for their honesty and willingness to debate. Mr. Roger Conant, president of the power line task force expressed appreciation to Mayor Mertensotto for the hundreds of hours he put into the project and his open mindedness and the grace he displayed under fire. Mr. Mike Black, 904 Mendakota Court, stated that in all of the years he has lived in Mendota Heights he has never had occasion to attend a Planning Commission or Council meeting except for the power line. He expressed appreciation for the time and effort Mayor Mertensotto put forth and the seriousness he has displayed. He appreciated the Mayor's knowledge and willingness to listen to everyone. Mayor Mertensotto has done wonderful things for the city and he is sure that Mayor -elect Huber will benefit from the years he sat next to the Mayor at the Council table. Mayor Mertensotto stated that his thirty years as an elected official with the city began on January 1, 1963. He spent fourteen years on the Council and sixteen years as Mayor. As everyone knows, the Council does not always agree. His focus in making decisions has always been what is in the best interest of the city. To be an effective leader and in directing policies, one must make decisions for the best interest, one must have a vision on what the ultimate result of the decision will be. Early on, the City Council adopted a vision statement and has seldom deviated from that. In 1959, Mendota Heights was one of the first cities in the metropolitan area to adopt a comprehensive plan and has followed that plan even thought there have been some minor revisions from time to time. Page No. 8 December 17, 2002 There has been no spot zoning. Council always had principles to look at, and the city never allowed multiple residential uses, residential uses or commercial uses next to each unless a buffer was provided in between them.` If he can leave anything as a legacy, it is that if Council makes a decision, it should not make them politically. While it may be more popular to make decisions politically, the key is to make decisions based on what is best for the city. He has always been an open book because that is the lead in to a compromise. This has been an effective tool that has served him. well. He did spend a lot of time with the city, at the same time he always took ample time to work his law practice and is still engaged in that. One does not become a local elected official for compensation. He did it to serve people. Mendota Heights has really developed over the past 30 years and has the fifth lowest tax in the metropolitan area, which speaks well for Council. People moved to Mendota Heights because it is a safe city, and the city's amenities have been protected. Serving as Mayor and Councilmember has been very rewarding to him and it has been a pleasure working for the city. Councihnember Dwyer expressed his appreciation for having had the opportunity to serve the city. It is a wonderful city and will continue to be a wonderful city. Serving on the Council is a tremendous amount of work but it has been a pleasure. BUDGET/LEVY HEARING Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed tax levy and budget for 2003. Treasurer Shaughnessy reviewed the general and special levy. Ayes: 5 Nays: 0 Mayor Mertensotto stated that given the state's financial condition and the condition of the economy, the key for 2003 will be to monitor the revenue stream as well as expenditures. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Schneeman seconded the motion. Councilmember Schneeman moved adoption of Resolution No. 02- 79, "RESOLUTION APPROVING FINAL 2002 TAX LEVY COLLECTIBLE IN 2003 AND ADOPTING PROPOSED BUDGET C Page No. 9 December 17, 2002 FOR 2003." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Abstain: Mertensotto ENVIRONMENTAL Council acknowledged a memo from Administrator Lindberg ASSESSMENT regarding the EAW petition filed by the Mendota Mdwakanton CASE NO. 02 -50, CLARK Dakota Community relative to the Garron/Acacia property, (GARRON /ACACIA SITE information regarding the EAW process, and a letter from Mr. Thomas Casey, legal counsel for the petitioners, requesting that the matter be continued to a future meeting. Mr. Ron Clark, from Ron Clark Construction and Design, and representatives of the Mendota Mdwakanton Community were present for the discussion. Mr. Clark stated that it seems to him that Council might consider two things this evening, conditional approval of his application subject to the EAW or some other action such as delaying it. The only way he can proceed and pay for an EAW is if he has clear direction from Council and approval on his application conditioned upon satisfactory outcome of the EAW. j Councilmember Dwyer asked whether Mr. Clark's position is asking Council to approve what he has submitted tonight subject to ultimately passing the EAW test. Mr. Clark stated that he has responded to the conditions set forth at the last meeting, trying to meet the conditions as best he can. The number of units has been reduced from 157 units to 150 and still maintains a curvilinear street system. He cannot meet the impervious surface condition and would like to discuss that. Councilmember Krebsbach stated that last meeting we gave conditional approval and set forth the conditions. She asked Mr. Clark if he is not satisfied with that. Mr. Clark responded that it's an indication of interest but doesn't give him anything. He stated that he would like something more definitive. Councilmember Dwyer stated that last meeting Council said it was informally giving conditional approval subject to the EAW. One of the conditions was 30% impervious surface and Mr. Clark is coming back tonight and saying he cannot meet that condition. Page No. 10 December 17, 2002 Mr. Clark responded that he did a site plan under R -3 and can meet all the setbacks and other requirements and that had a density of 150 units, which is a kind of density he used to prove up what he could meet with R -3 and then if he goes back to the curvilinear streets, the density is compromised. Mayor Mertensotto stated that what Mr. Clark is saying is that the properly is zoned R -3 and he can do an R -3 development. He can build 150 units and if Council wants to get down to 30% impervious surface, the ordinance does not require that for R -3. Council has requested a PUD because that allows the flexibility to move around the amenities and allow open space for public gathering. He stated that Mr. Clark could come back and ask for an R -3 project, which he had done in the beginning. It's not a question of whether he can meet Council's demands. Councilmember Dwyer stated that Mr. Clark came back tonight to say that the project he wants to build does not meet the 30% impervious surface. If this is going to go forward through the EAW process, it must meet that requirement. Mr. Clark responded that he is just trying to show Council how the site plan would look under R -3, and it would get to be barracks looking. He said that the purpose of the PUD is to have some give and take. Responding to a question from Councilmember Schneeman, Attorney Dan Schleck stated that Council is dealing with two different things and that's why they are on the agenda as two items. A valid petition for EAW has been submitted to the Environmental Quality Board with respect to this project. The Responsible Governmental Unit must determine whether or not an EAW is required for a project. The EQB has designated the city as the Responsible Governmental Unit. With respect to the proposed project as it has been submitted, the Council must make a decision on whether to require an EAW for this project. It is not mandatory — the project as proposed is consistent with the comprehensive plan so it is not in the mandatory category. Since it is consistent, it falls into the discretionary category according. He read Minnesota Rules 4410.1100 subd. 6 regarding the law's requirements. Whether or not the project goes forward, Council must decide tonight whether to require an EAW. That decision remains for a year for any similar type projects on this site. The second matter this evening is a resolution before Council with respect to conditional approval of the Clark application. Conditional approval is not necessarily Page No. 11 December 17, 2002 contemplated by the statute or rule but it is allowed and has been ' done in the past by other cities. It is important to make sure that the proposer understands that the conditional approval will not circumvent the EAW process if required. He stated that he would like Council to consider that there is a difference between approving the project conditional with respect to the EAW results and not approving the conditional approval. By approving the project conditional upon the EAW results, the city Council is in reality saying it approves the project. If there are problems found in the environmental review process, at that time Council can reconsider what it is doing, but with respect to all other issues the city is approving the project. That limits the latitude Council has to look at changing the project in the future if it wants to, and he "believes it has potential financial impacts with respect to the project and the city. It is important for Council to consider that before granting conditional approval. Councilmember Dwyer asked if Council is obligated tonight in terms of a timeline, to make the decision that if it determines there may be significant environmental issues generated by the project, Council must order an EAW. j Attorney Schleck responded that there is a 15 day deadline for a decision after the responsible governmental unit is identified, and that expires Thursday. The city could extend that by 15 days if desired. Mayor Mertensotto stated that Council has never had a project where there has been a request for EAW and the city has never paid for one. Mr. Clark has indicated that he would pay for preparation of the EAW. Mayor Mertensotto stated that he understands Mr. Clark's position that if he does not think he will get his project through, he does not want to pay for the estimated $35,000 cost for the EAW process and find out he has nothing. Council is using technicalities as a scapegoat. Council asked Mr. Clark to do a PUD because he can do R -3 but then there would be a barracks design and narrow streets. Mr. Clark can actually come up with 41 % open space for the entire project. He stated that he does not know anywhere the city limits impervious surface to 25 %, which must be a mistake in the ordinance. Burnsville, Apple Valley and Eagan have done exactly what Mr. Clark is asking in giving conditional approval. The people who petitioned want to know whether an EAW will be required, but Mr. Clark will not undergo that cost and then have nothing. Page No. 12 December 17, 2002 Mr. Clark responded that there has been too much history on this site. His proposal complies with the comprehensive plan for residential mixed use and pretty much to the densities. Several Council members have stated that this is the best residential plan they have seen. Within the last year there was a good commercial project for the land that Council rejected and the owner was told to get a good residential development and bring it back. Councilmember Schneeman stated that it was she who made that suggestion, but she was not looking at this type of density. The plan has been changed in the last two weeks and she does not know what the changes are because Mr. Clark was working with other Council members. She asked why there is such a rush. Mr. Clark responded that he spoke to the land owner seven times today and he has a purchase agreement that he doesn't have any time on. He must remove contingencies and close in 30 days and he would be at significant financial risk. If he gets approval contingent on the EAW, he can at least go back to the owner and ask him to work with him. If there is no approval or if it is delayed, it is way too risky to spend $20,000 to $30,000 for the EAW. Responding to a Council question, he stated that if someone else paid for it and the seller could work with him on timing that would work. Councilmember Schneeman stated that this is an entirely different plan than she saw two weeks ago and she cannot vote on something she has not seen. Council spent four years working on Town Center, and she feels like she has not done due diligence on this project. It is a huge project for the last beautiful parcel in Mendota Heights. Attorney Schleck stated that the city does not have an ordinance that requires a proposer to pay for the EAW process — that would be entirely voluntarily. Councilmember Vitelli asked on what basis Council decides on whether an EAW is required. Councilmember Dwyer stated that if Council thinks there may be significant environmental issues generated by this project, they must order an EAW. Attorney Schleck stated that an EAW is intended to be a short review to determine whether further review is required. Page No. 13 December 17, 2002 Councilmember Krebsbach asked whether Attorney Schleck thinks the city should do an EAW no matter what proposal is before Council. She asked whether the EAW is a fundamental issue regardless of what development is proposed for the property. Attorney Schleck responded that is a responsible governmental unit can call for an EAW on its on if it feels there could be significant environmental effects. There is a petition before Council, and Council must act on it. The environmental effects are those that are likely to be permanent and cover things that range from habitat to air, soil contamination, ground water and noise contamination, the potential to affect other sites related to historical issues. Generally, the question relates to what type of project it is and what the ultimate effect would be on the environment. In most cases, Council would be reviewing adverse effects. Councilmember Dwyer pointed out that any time a building is built in a pasture, that would have significant environmental effects because that would cover up what used to be five acres of pasture with blacktop and a building. Attorney Schleck responded that the process is intended to review alternatives and to identify environmental effects that relate to those alternatives. One of the things that is required is to review the no build alternative. That sets the baseline. The question is up to the officials to determine whether the effects are significant with respect to community values and community requirements. Councilmember Dwyer stated that Mr. Casey had notified Council he cannot be here tonight, but the materials he submitted last meeting indicated that he interpreted the rules and statute to include historical issues as part of the environmental impacts. He asked if Council must weigh the historical aspects. Attorney Schleck stated that the EQB publishes a guidebook for communities to use in evaluating the process and it does mention historical aspects as one of the things that should be reviewed. Councilmember Dwyer stated that he is surprised that Council is being asked to make such a big decision tonight as to whether an EAW is going to be required. He asked what would happen if Council takes no action. Page No. 14 December 17, 2002 Attorney Schleck stated that the city would be in violation of administrative process. There are no provisions in statute for penalties. Councilmember Krebsbach stated that the EAW need is a big decision and having time to understand what conditions would trigger an EAW is important. This is an issue that will surface because of the interest of the petitioners and Council must look at it closely to determine if an EAW is needed. Attorney Schleck stated that this could fall under the requirement for a simple fifteen day extension, so Council would have until January 10 to make a decision on the EAW. Councilmember Krebsbach stated that her inclination is that Council take the time to look at what the elements are before acting on the EAW issue. Mr. Clark stated that Council could take the fifteen days to decide on the EAW need and still act on his application tonight. If he has his approval he will pay for the EAW. Councilmember Krebsbach responded that approval last meeting was r conditional and that is as far as she is comfortable going at this point. \_ She recommended that Council take the time to determine whether they are going to order an EAW, and make that determination at the next meeting. Responding to a question from Councilmember Dwyer regarding the 60 day rule on the planning case, Attorney Schleck stated that the Minnesota Statutes toll the 60 day requirement with respect to an EAW petition. The process is done either when it is determined that no EAW is required or that an EAW is required and has been completed. Councilmember Dwyer stated that the applicant has given the city a completed application and the city must act on it in 60 days or extend the 60 days. Attorney Schleck is saying that the petition for EAW stops the clock until a decision on the EAW is made. He wanted to make sure that delaying a decision on the project does not jeopardize the city's right to make a decision on the merits of the application while Council deliberates on the need for an EAW. Assistant Hollister informed Council that Mr. Clark applied on November 7. The initial 60 day period ends the first week in January Page No. 15 December 17, 2002 and the city has the right to extend that 60 day period for an additional 60 days without consent of the applicant. Attorney Schleck stated that under M.S. 15.99 sub3d, if Council determines an EAW is not required, Council has 60 days to take action on the development application. If an EAW is ordered, Council has 60 days after completion of the EAW process. Councilmember Dwyer stated that he does not think Council is in a position to move on the EAW issue this evening because Council left the meeting two weeks ago thinking that an EAW was mandatory and Council had no choice. Mr. Clark is requesting that Council act on the plan that was submitted in the agenda packet, which is significantly different from what was presented two weeks ago and still does not meet the requirement of Council that it meet the 30% surface. He did not think Council was prepared to act on it this evening. Councilmember Schneeman stated that she needs more time to review the plans. She left the meeting two weeks ago thinking that Mr. Clark had agreed to all the conditions and now he says that he cannot meet the impervious surface condition. Councilmember Schneeman stated that not all of the conditions that were put forward two weeks ago can be met. She stated that she does not see what the rush is and pointed out that there will be a different Council next year. Mayor Mertensotto asked how Council will respond when Mr. Clark says he can do an R-3. He submitted a PUD because Council did not like the barracks look of the R -3 proposal and favored PUD. Council could say that it is going to ask for an extension and Mr. Clark does not get his extension and the project is killed. Councilmember Schneeman responded that Council must consider what the best interest of the city is in the project and she does not think Council has enough information at this time to make a decision. Mayor Mertensotto stated that for ten years the owner has been looking for commercial development and the best he came up with was a mostly tax exempt building. This is the best plan Council has seen for the site. Page No. 16 December 17, 2002 Councilmember Vitelli stated that he is still open to the plan and is not absolutely against residential development on the parcel. He learned tonight that Council must make a decision on whether an EAW is required and Council must respect the petitioners. He stated that he has no information on how to decide whether one is required or not. That must be decided before any action on the project. Attorney Schleck stated that if it is Council's preference to extend the time for deciding on the EAW, it should take formal action. Council is not required to hole a public hearing in making its decision on the need for EAW. Councilmember Krebsbach stated that Council gave just conditional approval last meeting with several conditions put forth. What is before Council tonight is not the same request — Mr. Clark is asking for approval of the preliminary plat and rezoning. Her understanding is that, in her reading of the statute, it is not a good idea for Council to go ahead with preliminary plat and rezoning approval. For that reason, she would like the fifteen day extension to determine whether an EAW is required. Councilmember Dwyer moved to extend the period for determining whether an EAW is required for fifteen days, and table the EAW (' discussion until January 7. Councilmember Schneeman seconded the motion. Councilmember Vitelli stated that he was open to the development at the last meeting. Mr. Clark has done an admirable job of responding to some of the conditions. He stated that he and Councilmember Krebsbach have met with Mr. Clark in the last ten days in order to try to work out different ideas and Mr. Clark and Mr. Uban made a good faith effort to respond to the conditions. He felt that the development is close to acceptable. Tonight he learned that Council must make the important decision on whether an EAW is required and Council must respect the petitioners. He stated that he does not have information tonight on how Council decides whether an EAW is needed or not, and would not be comfortable acting on the planning applications this evening. He stated that he is still open to Mr. Clark's proposal but cannot act on it tonight. Mayor Mertensotto stated that on December 3 that Council gave conditional approval and set conditions. Apparently there was no agreement in the meetings between Councilmembers Krebsbach and Vitelli and the developers. Page No. 17 December 17, 2002 i Councilmember Krebsbach responded that there is still an issue of density. Last time she was in perfect agreement with conditional approval, and in the EAW information that was given to Council this evening, it is specifically stated that a city should not give preliminary plat approval when' a petition for EAW is filed. She stated that she would not be interested in approving a preliminary plat tonight. Ayes: 4 Nays: 1 Mertensotto Councilmember Dwyer moved table discussion on the application from Ron Clark Construction. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 1 Mertensotto Councilmember Krebsbach stated that she supported the motion because of the prohibition against acting on a preliminary plat before the EAW process is completed. Councilmember Vitelli moved to extend the sixty day review period for Case No. 02- for an additional sixty days. Councilmember Schneeman seconded the motion. 1 Responding to a comment, Mr. Jim Anderson, 19626 NW Iva Street, Cedar, Minnesota, from the Mdwakanton Community, stated that he would guarantee that the community will not take back its petition. Mr. Bob Brown, from the Mendota Mdwakanton. Dakota, disagreed, stating that there is always the possibly the petition could be withdrawn, even though he does not foresee it happening. Mayor Mertensotto stated that he will not support the motion because he thinks the essence is to deny the project because there is a lot of opposition to it and a lot of pressure to keep the development off the site. He felt Council owes it to the developer to make a decision. Ayes: 4 Nays: 1 Mertensotto RECESS Mayor Mertensotto called a recess at 9:35 p.m. The meeting was reconvened at 9:45 p.m. LIFT STATION Council acknowledged a memo from Public Works Director Danielson regarding rehabilitation of the Mendota Heights Road lift station. Council also acknowledged a feasibility study, cost estimate Page No. 18 December 17, 2002 and work schedule prepared by Barr Engineering. Mr. Brian LeMon, from Barr Engineering, was present for the discussion. Mr. LeMon stated that he began discussions with Public Works Director Danielson some time ago when normal electrical repairs could not be made to the lift station. The station was constructed in 1969, and many of the components have reached the end of their useful life. The station has an on -site electric generator and was converted from propane to natural gas several years ago. The electrical components are no longer maintained by their manufacturer. The generator can likely continue to be in use. As part of the feasibility study, it was estimated that it would cost $300,000 just to rehabilitate the existing lift station. At the point that determination was made, he met with Mr. Danielson to discuss and option of constructing a new submersible style lift station. That estimated cost is $350,000. He described the differences between the existing lift station style and submersible, and informed Council that all of the other city lift stations are submersible. Mr. LeMon recommended proceeding with the construction of a new submersible style lift station at the Mendota Heights Road site. Mayor Mertensotto stated that he is trying to weigh the alternatives. He asked whether the city would be better off with the submersible system and what its'longevity is. He pointed out that there was a problem with the lift station's electrical system in the past and it was repaired. Public Works Director Danielson responded that the new lift station would be in the same location as the existing station. The city owns the lot, and the same force main can be used. The existing station is 30 years old and replacement parts are difficult to find. There are some significant repairs pending. Mayor Mertensotto asked how long it would take to get the station up and running if there were a failure. Mr. LeMon responded that it would depend on what the failure is. He stated that there have been problems recently and there have been delays in getting parts. He stated that if Council authorizes the new station, he would begin the design immediately so that bid documents can be prepared for construction next summer. Councilmember Vitelli moved to accept the feasibility report and award a professional service contract to Barr Engineering for the Page No. 19 December 17, 2002 design of a replacement lift station at a cost not to exceed $45,000, and with the understanding that the city will do the bidding process. Councihmember Schneeman seconded the motion. Ayes: 5 Nays: 0 RV ORDINANCE Council acknowledged a memo from Assistant Hollister and a proposed Zoning Ordinance amendment addressing recreational vehicles. Mayor Mertensotto asked if an individual could park a recreational vehicle in the sideyard. Assistant Hollister responded that one could be parked in the sideyard if the setbacks were met. He stated that part of the existing ordinance is not being changed. Mayor Mertensotto stated that most complaints come because people park their RVs between the properties and the neighbors have to look at them every time they look out their windows. Assistant Hollister stated that staff could prepare a revision to eliminate parking along side the house with the understanding that there are many people in the city who do park their vehicles in the side lot. Administrator Lindberg stated that the ordinance was drafted in response to complaints solely with respect to RVs being parked in driveways and on the street. Councihmember Dwyer stated that this ordinance would eliminate parking RVs on the street under any condition and with a temporary permit one could park a vehicle in his driveway for fourteen days. Councihnember -elect Ultan Duggan stated that subdivision 3A should be corrected to state "greater than" rather than "between." Councihnember Vitelli moved adoption of Ordinance No. 373, "AN ORDINANCE AMENDING ORDINANCE NO. 401," with a revision to Subd3.A to state "greater than 10 feet in overall height..." Councihmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Page No. 20 December 17, 2002 COMMERCIAL VEHICLE Council acknowledged a memo from Administrator Lindberg DEFINITION requesting Council clarification on the interpretation of commercial vehicles. Administrator Lindberg stated that staff is seeking clarification from Council on what types of commercial vehicles they would prohibit from being parked in residential driveways. Staff receives complaints from people about trucks with logos on the side being parked in driveways, and the Code Enforcement Officers have not considered passenger type vehicles as commercial vehicles in their interpretation of the ordinance. Mayor Mertensotto pointed out that a police officer could take home a police vehicle with a logo on it. Administrator Lindberg stated that the question is whether passenger vehicles with logos on the side should be prohibited from being parked on the driveway. She stated that there are many businesses that let their employees take home vehicles for personal use. Councihnember Dwyer stated that business logos on passengers don't bother him and neither do pick up trucks with logos on them and ladders on the top or sides. It was the consensus to let the ordinance stand as it is and that staff should continue using the interpretation they have been using. CLOSED SESSION Council acknowledged a memo from Administrator Lindberg recommending that Council adjourn the meeting to closed session for discussion of the proposed Teamsters contract for 2003. COUNCIL COMMENTS Councilmember Krebsbach made a presentation to Mayor Mertensotto on behalf of the Council and community, retiring the Mayor's gavel in recognition of his service to the city. She then read a statement expressing appreciation to Mayor Mertensotto for his dedication and accomplishments. On behalf of the Council and residents, Councilmember Schneeman presented Councilmember Dwyer with an award for his service both on the Planning Commission and Council. She also expressed her appreciation for his presence, integrity, knowledge of the law and sense of fun. Page No. 21 December 17, 2002 ADJOURN TO CLOSED The meeting was convened at 10:25 to closed session for discussion SESSION on the proposed labor agreement between the city and the Teamsters Union (Public Works Department) for 2003. Acting Mayor Dwyer reconvened the meeting. Mayor Mertensotto had been excused prior to the closed session. TEAMSTER CONTRACT Councilmember Schneeman moved approval of the 2003 labor agreement between the city and the Teamsters Union. Councilmember Dwyer seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Vitelli ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:45 p.m. Katfileen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor