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2002-06-18 City Council minutesPage No. 1 June 18, 2002 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 18, 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, Councihnembers Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Councilmember Vitelli moved adoption of the agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular meeting held on June 4, 2002. Councilmember Krebsbach seconded the motion. Ayes: 5 j Nays:0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move items 5g, firefighter retirement, 5k, purchasing policy, and 51, List of Claims, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the June 11, 2002 Parks and Recreation Commission meeting. b. Acknowledgment of the Fire Department monthly report for April. c. Acknowledgment of the Treasurer's monthly report for June. d. Acknowledgment of the NDC4 unapproved minutes from the April 11 full commission meeting and the May 1 executive committee meeting and the agenda for the June 12 full commission meeting. e. Acknowledgment of a report on the Eleventh Annual Celebrate Mendota Heights Parks event. Page No. 2 June 18, 2002 f. Authorization to transfer $100,000 from the general fund surplus to the Equipment Reserve Fund for 2001 operations. g. Approval of a summary of Ordinance No. 366 (Alcoholic Beverage Ordinance) and authorization for its publication. h. Adoption of Ordinance No. 372, "AN ORDINANCE REPEALING ORDINANCE NO. 1401, 1402 AND 1403." i. Adoption of Resolution No. 02 -30, "RESOLUTION REVISING FEE FOR CLUB LIQUOR LICENSES." j. Approval of the list of contractor licenses dated June 18, 2002. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 FIREFIGHTER RETIREMENT Council acknowledged a memo from Fire Chief Maczko informing Council that from Firefighter Mike Maczko submitted a letter of retirement from the department effective on June 5. Mayor Mertensotto expressed Council's appreciation to Firefighter Maczko for his twenty years of service on the department. Councilmember Krebsbach acknowledged the service of the Maczko family, stating that Paul Maczko served on the department for many years, Mike served for twenty years and Chief John Maczko has also served on the department for several years. Councilmember Krebsbach moved to accept the retirement with regret. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PURCHASING POLICY Council acknowledged a draft update to the city's purchasing policy. Mayor Mertensotto stated that he had some concerns about the policy and would like to work on the policy with staff. Councilmember Vitelli stated that he would also like to work on the policy with the Mayor and staff. LIST OF CLAIMS Council acknowledged and briefly discussed the list of claims. C Page No. 3 June 18, 2002 LIST OF CLAIMS Council acknowledged and briefly discussed the list of claims. Councilmember Krebsbach moved to approve the List of Claims dated June 18, 2002 and totaling $178,884.47, and to direct that an administrative fee be retained on refunds for advance payments for recreation programs unless there is undue hardship, at staff's discretion. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 HEARING — INDUSTRIAL Mayor Mertensotto opened the meeting for the purpose of a public REVENUE BONDS hearing on a request from the Visitation Convent School for the issuance of up to $3 million in Industrial Revenue Bonds for the financing of an addition. Sister Mary Denise, Ms. Dawn Nichols and Mr. Gary Ostberg were present on behalf of Visitation. Mr. Dick Miller, from Wells Fargo, was also present. Ms. Nichols, Head of the School, informed Council that RJ Ryan will be the general contractor for the 30,000 square foot addition that will be built at the southeast corner of the building. The exterior will be the same red brick as the existing structures. The addition will allow the school to bring the sixth, seventh and eighth grades together in one space and create permanent classrooms for teachers who now move between classrooms. There are 592 students enrolled at the school now and Visitation does not intend to increase the student count. Mayor Mertensotto stated that he understands that Mr. Miller had negotiated an issuance fee with Treasurer Shaughnessy. Treasurer Shaughnessy stated that the fee he recommends is 80 cents per thousand dollars, which is the same rate that was used to calculate the fee for revenue bond issuance for St. Thomas Academy and the Dakota Communities. If the issue is $2.3 million. which is the current estimated cost, the fee will be $1.840. Mr. Miller stated that the school is asking the city to sell up to $3 million in bonds. When it is determined how much is needed for construction, the final amount of the bonds will be determined. Mr. Ostberg stated that he erred at the last meeting in not asking for approval of a footing and foundation permit. Visitation would. like to break ground for the addition on July 1. Page No. 4 June 18, 2002 Mayor Mertensotto stated that Council indicated its approval of the concept at the last meeting. If Visitation is ready to go with footings and foundation, Mr. Ostberg can bring the plans to the code enforcement officer and he can recommend approval. Visitation can go ahead with the footings and foundation while the code enforcement officer is reviewing the plans. Authorization for the full building permit can be done through the Council's consent calendar when the code enforcement officer's recommendation is ready. Visitation will need to submit a landscaping plan, and Council will approve that separately from the building permit approval. Mr. Miller informed the audience that the function of the city's involvement in the financing is to issue the debt so it becomes tax exempt. The city has no obligation with respect to the financing — there will be privately placed revenue bonds. The city just acts as a pass- through. Mayor Mertensotto asked for questions and comments from the audience. MARIE AVENUE ASSESSMENT Council acknowledged a letter from Mr. Michael O'Brien, 886 Marie Avenue, regarding the Marie Avenue street rehabilitation assessments. Council also acknowledged an associated memo from Administrator Lindberg. Mr. O'Brien was present for the discussion. There being no questions or comments, Councilmember Schneeman moved that the hearing be closed. Ayes: 5 Councilmember Krebsbach seconded the motion. Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 02- 31, "RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE $3,000,000 SCHOOL FACILITY REVENUE NOTE, SERIES 2002 AND AUTHORIZING THE EXECUTION OF DOCCUMENTS RELATING THERETO (ACADEMY OF THE VISITATION PROJECT)." Ayes: 5 Nays: 0 Councilmember Dwyer moved to authorize the issuance of a footing and foundation permit subject to plan review and approval by the code enforcement officer. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 MARIE AVENUE ASSESSMENT Council acknowledged a letter from Mr. Michael O'Brien, 886 Marie Avenue, regarding the Marie Avenue street rehabilitation assessments. Council also acknowledged an associated memo from Administrator Lindberg. Mr. O'Brien was present for the discussion. Page No. 5 June 18, 2002 Mr. O'Brien stated that he did not come this evening to create an argument but to do something positive for the city. He was present to represent his group of seven home owners who are one court out of six in the association. The other five which are on Eagle Ridge Drive, do not have access from Marie Avenue. He stated that he paid his assessment for the Marie Avenue street project, and his friends in Victoria Highlands have said they were not assessed at all. M.S. 429 talks about people who benefit and who have access — It is preposterous to say that Victoria Highlands has no access to Marie. Their driveway is identical to the one he has and it is the access to Marie. It is also the emergency access. He stated that he did not start with the idea that he wants to get out of paying any assessments, but people should be treated equally. He stated that he has spoken to attorneys and others and everyone he talked to agrees with him. Mayor Mertensotto stated that Mr. O'Brien has submitted a laborious report including statutory information relative to public improvements. The point in the statute is that an assessment cannot exceed the benefit. The other thing is that at the time of the assessment hearing Mr. O'Brien was in town and gave Council the same argument. At that time Council adopted the assessment roll after the public hearing. Council had thirty days to correct the roll at that time, and property owners had thirty days to file an appeal with the city. Engineer Marc Mogan responded to Mr. O'Brien's comments at that time and his recommendation was that Victoria Highlands and Mr. O'Brien's property and his neighbors in Eagle Ridge were not in the same situation. There was a was a developers agreement with the city for Victoria Highlands — they paid for construction of their street and had it built to city standards. Mr. O'Brien responded that he understands that and has seen the letters from Winthrop and Weinstein and has been told by Mr. Mogan. He stated that he understands that it is not abnormal for a city to step in and do something on behalf of a developer as long as the city is paid back. His understanding is that the Victoria Highlands homeowners paid 100% of the cost. He stated that in his report, Mr. Mogan stated that the street is private, which is just like his court but a little bigger. There is one access for him and one for them. Mayor Mertensotto responded that there is a magnitude of scale — there are five or six times the number of homes in Victoria Highlands. The street is private, but it was built to city standards. Page No. 6 June 18, 2002 Mr. O'Brien stated that he understood that the assessment roll is not cast in granite and can be changed for good and just reason. Councilmember Dwyer responded that Mr. O'Brien had 30 days to appeal the assessment for reasonable cause. Mr. O'Brien stated that he thought this was a better forum than in court. He has not found anyone who thinks this assessment is the proper thing to do. Mayor Mertensotto stated that the street reconstruction policy has been in effect for several years and Council has followed the policy that everyone pays a uniform assessment. The Victoria Highlands traffic all goes over their streets. City Attorney Schleck stated under statute, it is up to the local officials to determine which properties are benefited by an improvement and which are not. The basis in this case is that the properties that are located in Mr. O'Brien's project are the properties that are benefited. Mr. O'Brien is saying he believes that the other properties also have been benefited, but that is a decision that is reserved to the Council. By raising this issue, Mr. O'Brien raises another problem in the reconstruction and rehabilitation policy, and that is where does it end. One could make an argument that every resident of Mendota Heights benefits from Marie Avenue reconstruction. The question is to what extent does that end. It is up to Council to decide what properties are benefited and which are not. Council has decided that Mr. O'Brien's area was benefited and Victoria Highlands was not. The law says that local officials must make that decision. Councilmember Dwyer stated that the law also says that Mr. O'Brien had thirty days to appeal. Attorney Schleck responded that one of the issues that has been skipped over is that Mr. O'Brien does not think he is appealing his assessment — he is appealing that other properties were not assessed. Mr. O'Brien stated that the city policy for this kind of work says that the city will pay 50% of the cost and the other 50% will be assessed. One of the things that has been put forth to him is because the people in Victoria Highlands have a postal address of Highveiw Court, they were not assessed. Page No. 7 June 18, 2002 Mayor Mertensotto asked if Mr. O'Brien is saying that the city should change the whole assessment policy for rehabilitation and reconstruction. Mr. O'Brien responded that he is just saying that a mistake was made and he hopes it was not intentionally done. He is not arguing the assessment and does not argue that it is a good deal. He is saying that 47% of the people are being assessed and 53% are not being assessed. He and his neighbors think the assessment should be redone and the 57% plus the 43% should be assessed about $600 (including Victoria Highlands). Mayor Mertensotto stated that Victoria Highlands is a private development with a private street. If they agree to reimburse the city for 100% of its costs and the city assessed back the costs to the property owners, including the cost of city staff time, reconstruction of their street would be done through private agreement. Their driveways come off the private street. Mr. O'Brien's driveway comes off of Marie Avenue. Mr. O'Brien paid his fair share for the Marie Avenue improvement. Every home that is on a street that is reconstructed pays the same assessment and the city pays 50% of the cost. Mr. O'Brien asked why Victoria Highlands is different. Their driveway is exactly the same as his. They have access to Marie Avenue and it is the only access they have, just like he does. Mayor Mertensotto stated that to reconstruct the street in Victoria Highlands would cost those property owners a great deal more than $1,300. FIREWORKS Council acknowledged a memo from Fire Chief Maczko regarding adoption of an ordinance controlling the sale of legal fireworks. Chief Maczko informed Council that he is requesting consideration of an ordinance relating to the manufacture, storage and sale of legal fireworks. The legislature recently passed a law malting consumer fireworks legal and no regulations were set. Cities across the state have been adopting ordinances regarding where and when the fireworks can be used and where they can be stored and sold. He recommended that Council adopt an ordinance similar to the one adopted by Burnsville. Page No. 8 June 18, 2002 Mayor Mertensotto felt that there should be a uniform ordinance county -wide rather than adoption of different ordinances by each of the cities. Councilmember Dwyer stated that it is not possible for an ordinance to be enacted by July 4. He suggested that Council wait to see what happens and if there is a major problem, that would be compelling reason for Council to do something about regulating the sale and storage. Councilmember Schneeman stated that she likes the idea about doing something on a county wide basis. Chief Maczko asked if Council would adopt a county -wide ordinance if he can get the county to prepare and adopt one. Mayor Mertensotto stated that Council would be foolish not to adopt a county wide ordinance. He pointed out that the cost of enforcing the regulations is a big problem. Councilmember Krebsbach stated that she appreciates the chief taking time to address the issue. She further stated that she would not have a problem adopting an ordinance because it is not onerous for the residents. Councilmember Vitelli stated that he is pleased that the chief took the initiative and that he would be willing to support adoption of an ordinance either this evening or in the future. He also would absolutely support a county -wide ordinance. NUISANCE ORDINANCE Council acknowledged proposed amendments to the nuisance ordinance that address noise, property maintenance and abatement procedures. Council directed the City Clerk to publish information on the proposed amendments in the city's newsletter and ask for feedback from the community. LEXINGTON SPEED Council acknowledged a memo from Public Works Director Danielson regarding a request made by a resident to the Dakota County Traffic Engineer for a reduction in the speed limit on Lexington Avenue to 30 miles per hour between T.H. 110 and Marie Avenue. It was the consensus to deny the request and leave the speeds on Lexington as they exist. Page No. 9 June 18, 2002 AIRPORT ZONING Council acknowledged memos from the City Administrator regarding airport zoning issues and Safety Zone B variance information. Councilmember Krebsbach stated that the city would be asking the Joint Zoning Board for treatment similar to Richfield and Bloomington, which is a variance for Safety Zone B and nothing else. The city is not asking for that the safety zones be reduced or pulled back. Councilmember Dwyer stated that the calculations on job losses and economic loss to the city because of imposition of the safety zone is detrimental to the city. Councilmember Krebsbach stated that the city would be asking for a variance in density and would be asking to cluster the density in that safety zone into the eastern end of the safety zone. Administrator Lindberg stated that in 1986 the MAC allowed pooling of density. If Council is agreeable to it, the city's airport zoning board representatives will ask for the pooling of the lost jobs onto the existing site. TOWN CENTER Discussion on scheduling a Town Center workshop for discussion of the developer's agreement was removed from the agenda because Council conducted a special meeting for that purpose on June 17. RESCHEDULED MEETING Mayor Mertensotto informed Council that he would not be available for the July 2 meeting. He stated that Councilmember Dwyer has already informed Council that he cannot attend the meeting. He suggested that unless someone has a serious objection, he would like to have the meeting rescheduled. Councilmember Vitelli moved to reschedule the July 2 regular meeting to Tuesday, July 9. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved that the meeting be adjourned to closed session to discuss the Xcel Energy litigation. Page No. 10 June 18, 2002 Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:12 p.m. Kathleen M. Swanson City Clerk ATTEST: e�q""gz� Charles E. Mertensotto Mayor