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2002-09-17 City Council minutesPage No. 1 September 17, 2002 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 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 Dwyer moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the amended minutes of the regular meeting held on September 4, 2002. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for the meeting, revised to move items 5e, Natural Resources Plan, 5f, skate park informational open house, 5h MIIAA/Twins donations, 5k, Wentworth Park warming house and 51, AT &T antennae, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 14, 2002 Airport Relations Commission meeting. ' b. Acknowledgment of the Treasurer's monthly report for August. c. Acknowledgment .of the Fire Department monthly report for August. d. Acknowledgment of bids for Hidden Creek Addition improvements. e. Acknowledgment of a memo regarding consolidation of the city's hockey rinks. _ Page No. 2 September 17, 2002 f. Acknowledgment of the resignation of Firefighter Rob Galezewski from the fire department with appreciation for his service to the city. g. Approval of the appointment of Richard Griep and Michelle Henne- Malkes as probationary firefighters upon completion of their physicals and background checks. h. Acknowledgment of probationary period completion and approval of the appointment of Steven Boley, Richard Gapinski, Scott Henning, Mary Krueser and Patrick Noack as firefighters. i. Authorization for the issuance of sign permits for three sign face changes for the American (formerly Dakota) Bank Building at 1060 Dakota Drive. j. Acknowledgment of the minutes of the Airport Relations Commission meeting held on May 8, 2002. k. Authorization for the issuance of a purchase order to Precision Landscape and Tree for tree removal and stump grinding on the Town Center site for its low quote of $30,000.00. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 SKATE PARK Councilmember Vitelli informed the audience that property owners in the vicinity of the Friendly Hills Park will receive a written notice from the city that consideration is being given to putting some skateboard structures in the paved hockey rink. The Parks and Recreation Commission will conduct an informational open house on October 18 to discuss the issue. Council wants to make sure that the neighbors are not concerned about noise, etc. After brief discussion, Councilmember Vitelli moved to accept the memo from Parks Project Manager Kullander regarding the open house. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 Page No. 3 September 17, 2002 WARMING HOUSE Council acknowledged a memo from Parks Project Manager Kullander regarding replacement of the Wentworth Park warming house. Councilmember Krebsbach stated that she would like more information from Mr. Kullander if he has any concerns about the time line. Councilmember Vitelli felt that Council should try to get the cost down closer to $20,000 rather than going out to bid on something that might cost $35,000. It would only be used for two to three months a year. He asked Mr. Kullander to tweak the size and some of the specifications so that it is something everyone can live with and not cost more than $20.000. He suggested possibly renting a temporary building that can be moved in for the season and then moved out. Mayor Mertensotto pointed out that one of the Park Commission's design criteria is that the building match the design of the structures at Mendakota park. Councilmember Schneeman felt that the existing warming house is not safe and it is too small. She wanted to make sure a replacement structure looks good. She was also concerned that staff time is very scarce. Mr. Kullander informed Council that it would be a very tight timeline to get a building constructed this year. If it can be put off until next year, he could look at different options and different materials. He stated that the $35,000 estimate includes site improvements. Responding to a question from Councilmember Dwyer, he stated that last year there were about 12 to 13 weeks when ice was available and the warming house was staffed. Councilmember Schneeman stated that she thought that there were only nine really good days for skating last year. Councilmember Dwyer stated that if there are only nine days of skating time because of thawing and freezing, he doesn't know if it makes sense to spend $35,000 for a warming house. Mr. Kullander stated that this is not a flagship park like Mendakota. There are a lot of materials that could be used as a substitute for the stone that was used at Mendakota. Ayes: 5 Nays: 0 v Page No. 4 September 17, 2002 It was the consensus to direct Parks Project Manager Kullander to take his time and see if there are alternatives that will reduce the cost. Mayor Mertensotto asked Mr. Kullander to come back with plans and specifications as soon as he can and Council will look at the plans to see if there are any alternative designs that can be used to reduce the costs. Councilmember Dwyer moved to authorize staff to proceed with development of plans, specifications and bid documents for replacement of the Wentworth Park warming house. Councilmember Vitelli seconded the motion. It was acknowledged that it would be difficult to build the structure this year if staff needs to develop options, because the engineering staff is very busy. Mr. Mike Kosel stated that an office firm stores a number of movable offices by the Kwik Trip store on Dodd Road, and that may be a quick fix for the first year. AT &T ANTENNAE Council acknowledged a memo from Assistant Hollister regarding a request from AT &T Wireless Services for building permit authorization for minor antennae additions to its monopole at 894 Sibley Highway and the city owned site on Highway 55 in order to comply with federal mandated enhanced 911 services. Mr. Peter Beck was present for the discussion on behalf of AT &T. Mayor Mertensotto stated that AT &T would like to put up a GPS locator and two antennae, 18 by 14 inches. He asked if the antennae will be stacked or side by side. Mr. Beck responded that the site on T.H. 55 will only have one antenna and it will be mounted vertically against the pole, 75 feet up from the base. At the Sibley Highway site, there will be two antennae mounted, six feet from the top of the pole (at 69 feet). He stated that he assumes there will be some separation between them. Mayor Mertensotto was concerned about the physical mass that goes on the poles. AT &T has permission for a co- locator on the T.H. 55 pole. Page No. 5 September 17, 2002 Mr. Beck responded that Nextel is on the pole now. Each carrier is approaching the 911 issue differently. He did not know if Nextel is undertaking a 911 effort similar to AT &T's. Mayor Mertensotto stated that Council is trying to avoid projecting antennae up in the air. Just because the GPS locator is a high -tech unit does not mean AT &T can keep putting them at its antennae locations. Mr. Beck responded that he cannot guarantee that Nextel will not have a similar request for the pole. Councilmember Schneeman moved to authorize the Code Enforcement Officer to issue the necessary building permits to AT &T Wireless Services for antennae additions to its monopole at 894 Sibley Highway and the city owned site on Highway 55, contingent upon compliance with all applicable codes. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 NATURAL RESOURCES Council acknowledged a memo from Parks Project Manager PLAN Kullander regarding receipt of the Natural Resources Management Plan prepared by Barr Engineering. Councilmember Dwyer moved to acknowledge the Barr Engineering Natural Resources Management Plan. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 ROGERS LAKE EAST Council acknowledged a letter from Mr. Guy Heide, 889 Bluebill NOISE REDUCTION Drive, on behalf of the Rogers Lake East Airport Noise Reduction Committee requesting that the committee be placed on the agenda to discuss the integrity of the airport home noise insulation program administered by the MAC. Mr. Heide, Mr. Mike Kosel and members of the committee were present for the discussion. Mr. Heide presented the 1996 MAC Part 150 Noise Contour Map, stating that the homes in Rogers Lakeside East were just outside the 65 DNL. The FAA requires that a map sponsor must agree to update the maps when noise increases 1.5 decibels. MAC's Deputy Executive Director certified the map as true in 1993. The base year was 1991 and the forecasted map was 1996. The map was actually Page No. 6 September 17, 2002 drawn in 193 as a forecast based on representations made by Nigel Finney. The FAA uses this map to determine eligibility for Part 150 i funds. It is important where the lines are drawn because homes within the lines can get assistance. His committee is asserting that the information used to draw the lines was false with respect to projected 1996 runway use. The certificate said that in 1996, Runway 22 would take 22% of the total departures, when actually Runway 22 at that time was 2 %. His figures say that the actual numbers on Runway 22 show a difference of 41,796 fewer departures. Those flights existed but they did not take off over Bloomington. There were only 428 departures in the entire year of 1996 over Highland Park even though Mr. Finney estimated the activity at 4,000 +. Mr. Finney understated the total flights by about 20 %. What the committee alleges is that MAC knew this was a false map. Departure activity off Runway 22 over Bloomington was 3.3% in 1995. In 1996, the departure activity actually fell to about 2 %. Mr. Heide showed the actual 1997 map that was approved by the FAA. The homes in Rogers Lake are in the 65 DNL contour, not the 60 DNL contour. That proves the 1996 MAC map was wrong. A truthful map would have shown the homes in Rogers Lakeside East, and homes in Friendly Hills were in the 65 contour. Many homes in Bloomington would never have been included in the 65 contour. About 150 homes west of Cedar Avenue were insulated and homes west of Cedar Avenue were not in the 65 contour based on the 1997 map that was actual usage in 1996. The 1994 DNL noise contour map shows the Rogers Lake homes in the 65 contour as well as some Friendly Hills homes. MAC never revised the 1996 map even though they should have promptly revised the map when the 1997 map information was available. The appendix to the 1996 map text is totally in conflict with the map, because the map showed the Rogers Lake homes in the 65 contour. Through the use of a false map, MAC has denied homes in Mendota Heights and South Minneapolis from getting sound insulation and insulated homes in Bloomington that were not in the 65 contour. He stated that his committee asks Council to invite Mr. Jeff Hamiel and Vice Executive Director Finney to a Council meeting to answer the committee's question. He further stated that Minnesota law requires that MAC follow the Part 150 statutes. When MAC violated the federal law it also violated state law. Perhaps Council should ask the Attorney General to pursue the matter. Page No. 7 September 17, 2002 Councilmember Vitelli stated that what Mr. Heide is trying to convey is that either MAC staff is totally incompetent or is acting illegally. Mr. Heide responded that it could be a mistake, but when an agency certifies to the federal government for millions of dollars in federal funds, he would think it would be illegal. Mr. Mike Kosel stated that his committee has been very involved in this matter for 2 %2 years. Initially they were fighting for a noise monitor to prove that sounds they were hearing were much different from what MAC was saying it was even though several monitors were installed in Eagan. What they MAC did was force the committee to dig deeper. The committee believes in the 1994 map and the analysis they have done definitely concluded they are right in what they are hearing. Councilmember Vitelli stated that Mr. Kosel is simply saying the noise is where it is, so give the people live under it the benefit of the federal money that was made available to alleviate some of the problems. Mr. Kosel stated that he objected to the November 5, 2000 map because it does not show the flights that occurred over his home the evening of November 5. Most of the events range from 70 -75 db when they come. DNL is not fair or accurate. The 1994 and 1997 maps are accurate. The 1996 map projection was not. Ms. Liz Petchel, a member of the city's Airport Relations Commission, stated that this is the most incredible grass roots effort she has heard about. The committee is a tremendous asset to the city. Her suggestion to Mr. Heide — one thing that is of concern to her — is that the city was notified the airport will be seeking approval for its capital improvement project starting this year and going out three to four years. The MAC proposes $14 million for residential sound insulation based on the 1996 (65) contour. It is important for the City Council to respond. It might be appropriate to delay the allocation of the $14 million that is going to be appropriated for this year until this issue is settled, if they are going to allow the $14 million based on the false map, and when they finally admit they were wrong they will say the money is gone. They are also going to say that when 17/35 runway is completed and the fleets are all Stage 4 and 5 aircraft, the homes will no longer be in the 65 contour. The ARC doesn't know whether MAC will abide by the EIS. She is very concerned that the MAC budget will be approved and $14 million Page No. 8 September 17, 2002 will be spent without any consideration for the needs of the homes in Mendota Heights and Southeast Minneapolis. She stated that she i would object to MAC spending any of the money. The ARC is always available to Council as a resource. If Council would like, the commission can work on a letter to the MAC. This is a very serious issue and she thinks it may take Council time to mull it over and discuss amongst Council before deciding what to do. Councilmember Vitelli suggested that Council ask the ARC to develop a letter to MAC about what Council has heard tonight and with respect to the $14 million. Councilmember Schneeman asked what Mr. Finney's response was when Mr. Heide called him on these issues. Mr. Heide responded that when the committee discovered the deficit in the INM program, they sent a letter to Mr. Hamiel that the data was incorrect even by MAC's admission. In January of this year, the committee petitioned the FAA for an investigation and met with the local FAA on March 5. It started with the INM and then the committee discovered the 1996 map. Since then, the committee discovered the 1997 map. He will meet with the FAA again this Thursday. It seems that MAC is not interested in following the law. The contour over Bloomington was overstated and they spent millions to insulate homes that didn't deserve it. Time will tell if the government will pursue the financial aspect. MAC operates without impunity. They have very little accountability for what they are expending. Mr. Heide stated that there are about 78 homes in Rogers Lake within the 65 contour and there are other homes outside the area that also are in the contour. The committee asked the FAA to investigate MAC, asking them to look into four issues. The committee finally received a response from the FAA and they didn't dispute any of the items, but responded that the FAA does not have a definition of the word promptly. That is one of the excuses the FAA has given. Since the statute says that the sponsor of a map must promptly review the map. There is a definition in the law, and it states that whenever the word shall is used, it has the meaning in the imperative sense. This could lead one to conclude that the loyalties between the FAA local office and MAC is too strong. It appears MAC is following the 2003 map in Bloomington. The 2007 map is not a Part 150 map. The hypothesis is that they used the 1996 map and included 150 homes in Bloomington that should not have been insulated and did not insulate homes in Mendota Heights and South Page No. 9 September 17, 2002 Minneapolis that should have been attenuated. He thinks this is why they have backed off of completing the homes in Bloomington. Mayor Mertensotto stated that the INM is nothing more than a funding_formula to restrain the use of federal money. His understanding is that the noise attenuation program is based on the 1996 map. All of the money is going into noise attenuation in Minneapolis. Even if MAC commits $35 million to the program as the cost of attenuation goes up, the number of homes they can attenuate goes down. It is not that the MAC is trying to defraud the people. They have an INM that they have to use. The committee ha done an enormous amount of work but will never win. The INM is a funding formula. With respect to whether the MAC really intended to defraud the Rogers Lake residents, Mr. Heide stated that he does not believe the MAC people sat in their offices and said they were going to take those homes away, but the committee is alleging that the 1996 map is a false map. The cannot sit back and see the laws of the country violated. It is a question of values. Council member Krebsbach stated that if the committee wants Council support for insulating their homes, she thinks sending MAC a letter to that affect is appropriate. Mayor Mertensotto stated that the public hearing on the capitol improvement program will be held in November. The committee has done a tremendous amount of work and uncovered a lot of faulty data. He suggested that Mr. Heide write up an equitable position for the homes in Mendota Heights that should be included because they are in LDN 65 and submit the letter to the ARC for review and then to the Council and Council will support it.. MAC might be able to come up with the funds for attenuating some homes in Mendota Heights. The only other approach the committee can take is to contact their legislators. A letter submitted to MAC while they are considering a CIP would be the most appropriate time to ask for attenuation funding for Mendota Heights homes. When the ARC has received the letter, they will consider it and it will be submitted as an official document to the MAC. Councilmember Vitelli suggested that Commissioner Petschel and the ARC give Council their thoughts. As he listened to the discussion he felt that MAC will give all the reasons why this is the way it is, but in order to gain attention, the city may want to send a copy of the letter to the head of the federal FAA and imply that either Page No. 10 September 17, 2002 the map is incompetent or they are acting illegally. The city should send correspondence directly to Washington at the same time as the committee puts the letter together for the ARC. Mr. Kosel responded that they have copied everything to people in Washington and have not had a response. He stated that people say there isn't any money, but there is money in Washington that Minnesota has not tapped into yet. The airport is a cash cow. They were supposed to insulate homes to the 60 decibel level, and the money is available. Mayor Mertensotto stated that the committee should write the request and give it to the ARC and they will get it back to Council. On behalf of Council, he lauded the committee for all of their work. Mr. Heide introduced the following members of the committee who were present for the discussion: Duane Taylor, Jerry Nelson and Denise Hunsiger. Councilmember Vitelli stated that Council has received a memo from MAC asking Council for an appointment to a Noise Oversight Committee and he is going to suggest that Council seek people who are interested and select a representative and an alternate at the next Council meeting. Councilmember Dwyer stated that the letter from MAC is dated August 20 and the committee is going to start meeting in November. Council should work quickly to appoint people. Mayor Mertensotto stated that Ms. Jill Smith, who served on the Blue Ribbon Committee, would be an excellent candidate. Councilmember Vitelli moved to publicize that the city is seeking a candidate to serve on the Noise Oversight Committee and will consider people who are interested at the next meeting. Councilmember Dwyer seconded the motion. Councilmember Dwyer stated that the letter from Mr. Hamiel should be made available to people who are interested in appointment so that they know what they would be getting involved in. Mr. Ultan Duggan stated that he used to live much closer to the airport noise and thought he was getting away from it. He suggested that the city's newsletter would be an excellent avenue to advertise that candidates are being sought for appointment to the committee. Page No. 11 September 17, 2002 Councilmember Vitelli responded that he did not want to wait for the next newsletter because that would just be another delay. He stated that he wants Council to show Mr. Hamiel they are interested in working with the MAC. With the network the city has with the ARC and the neighborhood committee, word will get out. Mayor Mertensotto stated that he will not support the motion because he does not want the appointment to be done in haste. VOTE ON MOTION: Ayes: 4 Nays: 1 Mertensotto MI- AA FUNDING REQUEST Council acknowledged a memo from Administrator Lindberg regarding a request from the Mendota Heights Athletic Association for $10,000 budgeted by the city in $10,000 for MHAA and $15,000 in for funding for 2003. Mr. Charlie Noel, President of MHAA, was present for the discussion. Mr. Noel reviewed the changes in the leadership of MHAA over the past year. He stated that there are 950 Mendota Heights families participating in MHAA and informed Council on the number of children participating in each of the sports sponsored by MHAA. In addition to the programs that it runs, MHAA contributes a large portion of its gambling revenue to the hockey program that is run by the West St. Paul association. He informed Council that MHAA has hired a new Program Director, Amelia Olsen. One reason the job was created is that MHAA's volunteer commissioners spent a great deal of time administering details and also coaching. They enjoy coaching but do not really want to be involved in administration. They have been doing budgeting, scheduling, team rosters, ordering equipment and supplies, etc. Mayor Mertensotto stated that the city did not agree to contribute towards a program director position. MHAA receives gambling revenues and the city did not want to be involved in supporting labor costs. The city contributes because MHAA provides a program for the benefit of city residents. He asked why MHAA would want to give the city a $4,000 donation to the Special Park Fund and then ask for it back. He felt it is appropriate for the city to get involved in assisting MHAA but not to assist in the cost for personnel. Page No. 12 September 17, 2002 Mr. Noel responded that MI-IAA is not a gambling organization, it is a youth athletic organization. The gambling proceeds this were will be about $25,000 less than last year. Councilmember Vitelli stated that Council could tell MHAA that the $10,000 must be used for shirts or supplies or whatever Mr. Noel suggests other than labor costs. Administrator Lindberg stated that when Council approved the $10,000 appropriation in the 2002 budget, Council directed that MHAA come back and let Council know when they need the money and what they need it for. Mr. Noel stated that he is here to ask for the $10,000 that was approved in the budget. He did not care whether it be for the program director, umpire fees, shirts or whatever. Councilmember Krebsbach stated that she has always been an advocate of youth athletic programs rather than city run athletic programs. She asked whether there is still a lot of involvement from parents. Mr. Noel responded that there is a lot of participation by parents and (" grandparents. The level of interest is every bit as great as it was when he moved to Mendota Heights eight years ago. Councilmember Dwyer stated that he and Mr. Noel have coached for their two sons for four years. The administrative work is what burns out the parents. The commissioners are getting burned out, but parents are still coming forward to coach. Mr. Noel stated that the new director is doing an excellent job. There are many parents who are very involved in coaching. There is one commissioner for each sport and several coaches for each sport. Councilmember Vitelli stated that he is very supportive. He did not think Council should make the head of MHAA be uncomfortable in asking for money. Mayor Mertensotto responded that any time tax dollars subsidize an organization, the city has' the right to know what the organization budget is and where the city money would be spent. Mf]][AA has always been reticent to give the city that information in writing. Page No. 13 September 17, 2002 Mr. Noel stated that he is more than willing to give Council any information they want. MHAA is not a gambling organization, it is a youth athletic organization. He stated that he does not enjoy coming to ask for money but this organization needs the city's support. He will submit whatever budget information Council would like. He brought forward the request for $10,000 that was approved last year but not received by MHAA. He stated that he understands that MHAA also receives $4,000 each year from the city for the t -ball program and requested that tonight as well. Finance Officer Kristen Schabacker responded that the city typically receives an invoice for the t -ball funding but she has not received it yet. When it is received, it will be paid through the claims list. Mr. Noel stated that MHAA is also asking for a $15,000 grant from the city for next year. Rent has increased from $654 per month to $1,600 per month, and MHAA is also paying for the administrative person. They received $20,000 in relocation money from the city, but expenses have gone up $1,000 a month just in rent. Gym time costs have increased and charitable gambling revenues will decrease by about $25,000 next year without losing any sites. MHAA is asking for $15,000 plus the $4,000 t -ball subsidy for next year. Councilmember Krebsbach asked if MHAA reaches out to children whose parents are not participating. Mr. Noel responded that there is no obligation for parents to participate and that children tell each other at school about the programs. The registration; dates are also published. Mayor Mertensotto asked what the registration fee is for each sport and what happens if a family cannot afford registration fees. Mr. Noel responded that he does not have the registration fee information with him tonight but will provide that information. Anyone who cannot pay for registration is taken care of. They can request scholarships, etc. Councilmember Vitelli stated that he would be happy to meet with Mr. Noel to help him put information together for Council before he comes back next time. Councilmember Vitelli moved to authorize payment of a $10,000 subsidy to MHAA from the 2002 budget for costs incurred by Ayes: 5 Nays: 0 Page No. 14 September 17, 2002 MHAA, upon receipt of an invoice and verification that no labor costs are included. Councilmember Dwyer seconded the motion. Mayor Mertensotto pointed out that Mr. Noel stated that if a family cannot afford a program fee, MHAA has a program to accommodate the child, and that is an excellent service that MHAA is providing. Mayor Mertensotto informed Mr. Noel that Council will discuss the $15,000 request for 2003 when it considers the proposed budget for 2003. MHAA/TWINS DONATIONS Council acknowledged a memo from Administrator Lindberg regarding a donation to the city from MHAA and receipt of a grant from the Minnesota Twins. Mr. Scott Miller, from MHAA, stated that for the past four years MHAA baseball has engaged in a cooperative effort with the city to improve baseball facilities. MHAA's contribution comes from revenues received for hosting tournaments. He reviewed the improvements that have been made, and stated that this year, a safety rail cap with a wind screen were installed at the Henry Sibley varsity fields in conjunction with a grant from the Minnesota Twins. He presented a plaque that MHAA had received from the Twins and asked that it be attached to the concession stand building at Sibley Park. He also presented a $4,000 check from MHAA for the Special Park Fund as a contribution for improving the baseball facilities. He expressed appreciation to Council, the city staff, and especially the park maintenance crew for all that they do. Mayor Mertensotto stated that the city paid for the Sibley Park concession stand but does not own it, and Mr. Miller should request permission from the school board to attach the plaque to the concession stand. He asked if the MHAA baseball teams are allowed to play on the Sibley varsity fields. Mr. Miller responded that they are, but this year MHAA worked on an agreement with St. Thomas Academy to put teams there. Councilmember Schneeman moved to acknowledge the $4,000 donation from the Mendota Heights Athletic Association and a $2,000 grant from the Minnesota Twins Community Grant Fund for improvements at the Sibley Park varsity ballfields and the Henry Sibley High School fields. Page No. 15 September 17, 2002 Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TOWN CENTER/FREEWAY Council acknowledged the plans and specifications for sanitary ROAD IMPROVEMENTS sewer, water, street, curb and gutter and storm sewer improvements to serve the Town Center redevelopment, Freeway Road area street reconstruction and the second layer of blacktop paving for Augusta Shores. Engineer Mogan reviewed the plans and specifications and informed Council that the bid for Town Center cannot be awarded until the city receives plan approval from Mn/DOT. Responding to a question from Mayor Mertensotto, he stated that it is proposed to assess $3,500 per lot for Freeway Road street reconstruction. Councilmember Krebsbach asked Mr. Mogan if he would like another engineer to review the Town Center storm sewer and drainage plans. She felt it would be well worth it to give Engineer Mogan that kind of backup. Engineer Mogan responded that he would appreciate review by another engineer. He used some computer modeling and is comfortable with what he has done but it would be good for someone else to review it. Barr Engineering did the storm water management plan for the city and knows the city, and would be a good firm to check the plans. Councilmember Dwyer stated that the plans and specifications could be sent out for bid and change orders could be issued if necessary after Barr's review. Mayor Mertensotto stated that the city should have specifications that bidders can rely on. Councilmember Vitelli stated that Council should never be too quick to say they can afford another month or two. Council has a lot of confidence that Engineer Mogan is right, and there is some slight risk Barr may find something but he felt that should be done parallel with the bidding. Engineer Mogan stated that MnDOT approval has not been received yet and he would hope to have the bids back to Council by the First of October but suspects he will not have MnDOT approval by then. Ayes: 5 Nays: 0 Page No. 16 September 17, 2002 Councihnember Vitelli moved authorizing proceeding with bidding in parallel with getting a second opinion from another engineering firm. Councihnember Schneeman seconded the motion. Mayor Mertensotto suggested that Public Works Director Danielson contact Barr Engineering to see what kind of time frame there will be for review and what the cost would be, and if everything seems reasonable in his judgment, send out the plans and specifications for bid and proceed with getting MSA approval at the same time. Council would not approve the bids until staff has received the opinion from Barr. Councihmember Schneeman withdrew her second to the motion. Councihmember Vitelli withdrew the motion. Councihnember Krebsbach moved to authorize Engineer Mogan to get a second engineering opinion and then go to bid Councihmember Vitelli seconded the motion. Staff was directed to update Council via email and at the next meeting. Engineer Mogan stated that Dan Wills, 679 Freeway Road, has lobbied on the neighborhood's behalf to replace the watermain in the neighborhood. Mr. Mogan contacted the St. Paul Water Utility for their history of watermain breaks. The experience is close to their threshold, and St. Paul Water said that if the main was theirs they would replace. Under the arrangement the city has with St. Paul Water, they are responsible for repairing water main breaks and paying the cost, so he is therefore not recommending that it be replaced. He then reviewed the statistics on watermain breaks, stating that there have been eleven breaks in the last ten years. Responding to a question from Councihmember Vitelli regarding pros and cons of replacement, he stated that if the city replaces the watermain, it will cost about $250,000. If it isn't replaced and a break occurs, St. Paul Water will come out and fix it at no cost to the city. The con is that there will be a patch in the street were the repair occurs. Mayor Mertensotto stated that replacing the mains will not insulate against main breaks. He did not think there is any justification for spending $250,000. St. Paul Water pays for maintenance but not replacement. Page No. 17 September 17, 2002 With regard to. sewer, Engineer Mogan stated that he believes it is the private services causing the problems. The property owner is responsible for the service from the home to the main. Mr. Tom Norman is concerned that surface water is controlled along his street. Mr. Norman stated that his concern is when the street was installed in 1972, installation was a nightmare. The street grade is such that every time it rains, the water puddles. If the city takes the crown down at the end of the street, it would drain the water. Engineer Mogan is talking about ideal conditions — his concern is that the residents will have a new street and the water will not run any better than it does now. About 500 feet of the street is involved. Engineer Mogan told him that if the grade is cut down something will have to be done with the water. He stated that he is talking about lowering the street two feet at one spot. There are nine patches in Freeway Road because of water main breaks. Mayor Mertensotto asked Engineer Mogan to ask Barr to review that issue as well. He stated that during street reconstruction the contractor can dig down to the sewer line to see what is there. Engineer Mogan stated that the drainage problem is that this is a blacktop street without curb and gutter and to get proper drainage a 1 % grade is needed. In Mr. Norman's area the grade is about .8 percent. If curb and gutter is installed, the street can be laid at a 1% grade and it will drain. Mr. Wills stated that he has lived in his home for 25 years and all of his neighbors were there when the sewer and water was installed in 1973. His neighbors told him that the street was put in during undesirable conditions and there was talk about it not being a good job. For a 29 year old water system that is in cast iron there is an excessive number of breaks and the material is probably at fault. The neighborhood would like the city to doe something on their behalf so that the city doesn't put in streets and curb and gutter and have to tear them up. There have been two breaks on Knob Lane and nine on Freeway Road. There are 26 people who are very concerned about this. The memo from St. Paul Water recommends considering replacement of the mains on North Freeway, South Freeway and South Lane. Mayor Mertensotto suggested negotiating with St. Paul to share the cost. Page No. 18 September 17, 2002 Councilmember Krebsbach wondered if there is some way to determine the level of soil correction under the watermain. Councilmember Schneeman stated that St. Paul Water could not give the city any reason why this is happening when the repaired the breaks. Mr. Wills stated that the only responsible thing for the city to do is to take a look at the system. It is only 29 years old and many failures even though it should last 100 years., \ Councilmember Vitelli agreed with the Mayor that the city should negotiate with St. Paul Water. Mayor Mertensotto stated that Council needs more information on the number of breaks there have been throughout the city in the last ten years. The city has been using ductile iron for many years, and Council needs to determine if the frequency of breaks in this area is greater than the rest of the city. Mr. Wills stated that the property owners do not want the city to build the street and have them pay for it and then have to cut it up for watermain breaks. The property owners paid for the water system 29 years ago and while it should have lasted 100 years it has failed badly. Councilmember Dwyer moved adoption of Resolution No. 02 -53, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE TOWN CENTER REDEVELOPMENT/ FREEWAY ROAD NEIGHBORHOOD, AUGUSTA SHORES AND SURROUNDING AREAS PROJECT OW. NO. 2002, PROD. NO. 4, AND IMP. NO. 2002, PROD. NO. 2)" amended to include getting a second opinion from an engineering firm. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 AIRPORT ZONING BOARD Council acknowledged a memo from Administrator Lindberg regarding Airport Zoning Board issues, including a draft indemnification agreement, a petition for declaratory judgment (Interstate Companies, Inc.), and whether a letter should be sent to the Joint Zoning Board expressing Mendota Heights concerns. Page No. 19 September 17, 2002 Mayor Mertensotto stated that he contacted Ray Fuhrman, who told him that the Garron and Acacia properties are included under the zoning ordinance. He felt the city has a problem with the two sites. Mac has zoning control over them. He recommended the city write back to MAC and say they cannot approve the ordinance as it stands. He was concerned about the loss in tax capacity. The MAC removed 65 homes in the early 1970' and it took over 20 years before the city was allowed to develop its industrial uses on that property. He felt the city stands to lose a tremendous asset for residential development. He was also concerned about the increased number of flights going north of T.H. 110. The EIS for runway 17/35 said the number of operations should be drastically reduced for the north parallel runway but it is likely there will be an equivalent increase after construction as before construction. Councilmember Dwyer stated that he feels the Council needs clarification if Mayor Mertensotto is getting information back that what the Joint Zoning Board is doing will impact what the city can do with the two sites. The information Council has had is that those sites will not be affected because they are not in Zone A or B. Councilmember Krebsbach stated that she thinks what the Mayor is saying is that once the conical and horizontal surface is in place, that � would give MAC zoning authority. Administrator Lindberg stated that she will speak to Mr. Rockenstein and relate that the Mayor talked to Mr. Fuhrman. The comment period is until October 4, and she could ask Mr. Rockenstein to attend the next Council meeting. Councilmember Krebsbach stated that she would rather meet with him in workshop before the meeting. She stated that Council needs to meet with Mr. Rockenstein and focus on this issue and determine the unintended or implied impacts of the ordinance. Councilmember Schneeman felt that it would be a good idea to meet with Mr. Rockenstein. Councilmember Dwyer stated that it has been presented to Council that there would not be any changes in the way the city can use the Garron and Acacia properties as the result of modification of the ordinance. Councilmember Krebsbach stated that there is a hearing on September 26 and anyone from the community is welcome to attend. Page No. 20 September 17, 2002 Administrator Lindberg stated that she will contact Mr. Rockenstein and see if he would be available to meet with Council at 6:30 on October 1. Councilmember Dwyer stated that the statute has been on the books since 1986 and the question becomes whether any modifications to that will impact these two sites. Mayor Mertensotto stated that the proposed zoning ordinance extends the zone out 1 V2 to 2 miles. Administrator Lindberg stated that if Mr. Rockenstein cannot come on October 1, she will contact Council Councilmember Krebsbach expressed concern about indemnification for the members of the Joint Zoning Board. Attorney Schleck responded that he reviewed the MAC Indemnification and Cooperating Agreement and found it lacking in the protections that are available to members of the Board. He was concerned about some of the conditions MAC is trying to impose in the agreement, stating that so long as the actions of the members of the Joint Zoning Board are consistent with the wishes of MAC they will indemnify the members. He point out the repayment provisions in Section 8d. Mayor Mertensotto stated that this is a joint powers agreement and it could be a big problem for any of the seven units of the Board. He felt that Attorney Schleck's comments are well taken. Attorney Schleck stated that one of the other important things to remembers is that the League of Minnesota Cities have agreed they will indemnify the cities that participate in the Board but that they will not indemnify the members. He stated that he has made suggestions to MAC regarding revisions to the document and he is awaiting a response. The MAC will not indemnify and will not insure for actions the MAC takes. Councilmember Dwyer stated that the Board has not taken any formal action. The status is that the Board has had several meetings over the year and put together a proposed ordinance amendment without recommendation and has asked for public comment. Whether the members can get sued for what they have done so far or even after they make a recommendation, he did not know. C Page No. 21 September 17, 2002 Attorney Schleck responded that it is important that even though j anyone can sue anyone for anything, the individuals would still have to pay to defend it. As part of this, there is a Petition for Declaratory Judgment by Interstate Companies against the Board and the MnDOT. Council needs to consider that someone has already filed a lawsuit. Councilmember Dwyer stated that the immediate concern he and Councilmember Krebsbach have is that if the League is not going to defend them if they are served with a Summons and Complaint, they need assurance from the city that the city is going to pay their legal costs. If not, he will resign from the Board. Attorney Schleck responded that that is typical of what other representatives are doing. Mayor Mertensotto stated that there is no cause of action that could come into effect because the Board has not taken any action. Eagan's representatives are declining to participate in the meeting, and he understands that Bloomington's representatives are not going to vote on anything. Councilmember Krebsbach asked Attorney Schleck to find out if the city representatives should attend the meeting. NOISE AND PROPERTY Council acknowledged memos from the Police Chief and City MAINTENANCE ORDINANCES Clerk regarding the proposed noise and property maintenance amendments to the city's code. Council also acknowledged letters from Mr. John Gregoire and Ms. Celeste Riley, and an opinion from the city's prosecuting attorney. Discussion was tabled indefinitely. COUNCIL COMMENTS Councilmember Vitelli read the Town Center development scheduled for the audience. Councilmember Dwyer stated that he has an issue with regard to confidential correspondence to Council from Mr. Pete Regnier, the city's legal counsel from the League regarding the Xcel issue and would like to have a closed session with him for a response. Councilmember Dwyer moved to conduct a closed session meeting at 7:00 p.m. on October 1 with Mr. Regnier to respond to issues in Page No. 22 September 17, 2002 his confidential correspondence. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further business to come before Council, Councihnember Vitelli moved that the meeting be adjourned. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:20 p.m. i'`Saz zt- hem.._ KA een M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor C