2002-05-21 City Council minutesPage No. I
May 21, 2002
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, May 21,2002
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: Acting Mayor Krebsbach, Councilmembers
Schneeman and Vitelli. Mayor Mertensotto had notified Council that he would be late. Councilmember
Dwyer had notified Council that he would be absent.
AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda
for the meeting.
Councilmember Vitelli seconded the motion.
Ayes: 3
Nays: 0
APPROVAL OF MINUTES Councilmember Vitelli moved approval of the amended minutes of
the regular meeting held on May 7, 2002.
Councilmember Schneeman seconded the motion.
Ayes: 3
Nays: 0
CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for
the meeting, along with authorization for execution of any necessary
documents contained therein.
a. Acknowledgment of the minutes of the May 14, 2002 Parks and
Recreation Commission meeting.
b. Acknowledgment of the Fire Department monthly report for
April.
Approval of the issuance of a sign permit for Super America to
allow the installation of a 24 square foot illuminated changeable
1�
copy sign to replace the existing "Super Mom's" sign at 1200
Mendota Heights Road.
d. Approval of the issuance of a sign permit to change the face of
ID
the existing sign at 1395 Commerce Drive from Signal Financial
Corporation to Associated Financial Corporation — Associated
Financial Center.
Page No. 2
May 21, 2002
e. Adoption of Ordinance No. 369, "AN ORDINANCE
PROHIBITING PARKING ON THE WEST SIDE OF
WARRIOR DRIVE," along with acknowledgement of letters
from Mr. & Mrs. Tom Thieman, Mr. & Mrs. Mike St. Martin,
and Ms. Susan Farley.
f. Approval of the list of contractor licenses dated May 21, 2002.
g. Approval of the List of Claims dated May 21, 2002 and totaling
$250,953.81.
h. Acknowledgment of the minutes of the Airport Relations
Commission meeting held on May 8, 2002.
i. 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 Schneeman seconded the motion.
Ayes: 3
Nays: 0
FIRE TRAINING REPORT Fire Department Training Officer Dave Dreelan was present to report
on the fire training conducted at the Tom Thumb building.
VIDEO CAMERA Council acknowledged a memo from Police Chief Piotraschke
PRESENTATION regarding acceptance of a video camera award to the police
department by the State of Minnesota. Mr. Marc Dronin, State
Program Administrator for the Office of Traffic Safety and Mr. Bob
O'Brien, Safe and Sober Law Enforcement Liaison, were present for
the discussion.
Chief Piotraschke stated that for a three -year period beginning in
January, 1999, the police department has been involved in the Safe
& Sober Campaign. He was notified at the beginning of the year that
the state was going to award the department with a video camera for
its efforts in the campaign. He informed Council that the department
will begin mobilizing for seat belt violations from May 24 through
June 2 as part of a state safety.
Mr. Marc Dronin informed Council that Safe & Sober is a state wide
campaign supported through a grant from the federal government.
For the past three years Mendota Heights' grants for the program
have been awarded. Cities can only apply for three years and must \
Page No. 3
May 21, 2002
then wait a year to apply again. The Department of Public Safety is
awarding the police department with an in -squad video camera for its
efforts in the Safe & Sober program.
Mr. O'Brien, stated that this is not something the state is giving to
the police department — they have earned it by saving lives and
keeping people from being injured.
Councilmember Vitelli complimented Chief Piotraschke and the
entire department. He stated that there are 11,000 residents in the
city and sixteen officers, which is not a very large number of
officers. He stated that what illustrates how effective the police
department is is that in the one and one -half years he has been on
Council, he has only received one minor complaint. He stated that
the department does a fantastic job.
Acting Mayor Krebsbach agreed, stating that the department exercise
a great balance of tough policing and community service.
Mayor Mertensotto arrived at 8:00 p.m.
WATER QUALITY STUDY St. Thomas Academy Environmental Studies Instructor Gary Loufek
and members of the environmental studies class were present to
inform Council on the result of the 2001 water quality study on
Rogers Lake.
Mr. Loufek stated that this is the sixth or seventh annual presentation
to Council by the environmental studies class. He introduced
Andrew Dealy, Kevin Spande and Chris Morrissey.
Mr. Dealy gave a brief introduction and reviewed the locations on
Rogers Lake were water samples were taken. Mr. Spande reviewed
the tests that were taken. Mr. Morrissey reviewed historical and
annual data and trends.
Mr. Spande informed Council that Fecal Coliform is a great concern.
The high level is due to goose droppings and phosphorous in
fertilizers.
Mr. Morrissey stated that phosphates are high at the lake's typical
count of four or five. A new state law that will require zero
phosphates in fertilizer should improve the overall quality of the
water. He informed Council that the overall quality of the water has
been improving over the past three years.
Page No. 4
May 21, 2002
Mr. Dealy summarized the findings. He stated that Fecal Coliform is
high but can be reduced by no- phosphate fertilizer and using colorful
windsocks, etc., to keep geese away.
Mayor Mertensotto stated that Council can adopt an ordinance by
August that is more restrictive than the new statute. If not, the staute
will prevail. He asked whether the students feel it is important for
the city to be more restrictive.
Mr. Morrissey responded that the more strict the city can be, the
better the quality of the water will be.
Mr. Loufek stated that his understanding is that the law requires that
the phosphate level in fertilizers must be brought down to zero in
two years, with variances only for new lawns and golf courses. He
would be in favor of the city adopting a more restrictive ordinance.
Mayor Mertensotto directed staff to check with cities that have
adopted more restrictive regulations.
Responding to a question from Councilmember Krebsbach about the
quality of the beach area and the swimmers' itch problem, Mr.
Loufek stated that the greater the Fecal Coliform level, the greater
the possibility of other pathogens. The Coliform level for swimming
should be under 200, and Rogers Lake has a long way to go before
the level is that low. He would not recommend that his students go
into the water for samples at the beach without wearing waders.
Overall, the lake quality is getting better.
Councilmember Vitelli complimented the students on the
presentation and stated that the class provides a great service to the
city.
HEARING — FREEWAY ROAD Mayor Mertensotto opened the meeting for the purpose of a public
IMPROVEMENTS hearing on proposed street and storm sewer improvements to serve
the Freeway Road area.
Engineer Mogan reviewed the feasibility report and the proposed
improvements for Council and the audience. He gave a brief history
of the proposed project, reviewed the city's street reconstruction
policy and described the project area. He stated that a $3,700
assessment is proposed for each lot, which is the rate used in the
Rogers Lake and Cherry Hills neighborhoods.
Page No. 5
May 21, 2002
Councilmember Schneeman asked what Mr. Mogan plans to do
about heavy equipment traffic that will be going into Town Center.
Mr. Mogan responded that depending on the timing of Town Center,
the city may want to wait for the final lift of bituminous in the
Freeway Road project until the next construction season. Once the
base course is applied, it is not much of an imposition on the
residents to put the final course down the next spring.
Responding to a question from Councilmember Vitelli regarding the
comments from two or three residents about more frequent sewer
problems, he stated that a contractor will be retained to televise
sewer lines and if a problem is found in the right -of -way, it could be
repaired by a private firm. If the problem is on private property, the
property owners will have to decide what to do.
Mayor Mertensotto asked if Engineer Mogan plans to use a camera
for both the four inch service line and the sewer main.
Mr. Mogan responded that he will have to contact the neighborhood
to see how wide - spread the problem is before he decides what to do.
The contractor could televise the private service lines, but he did not
include televising in the costs or assessments at this time.
Councilmember Vitelli stated that Engineer Mogan is giving serious
consideration to the two or three residents who have called. Based
on what he fords in the mains, he may investigate further but Council
is not guaranteeing that the city will do investigations on the private
services. He pointed out that some of the residents have also
indicated there is a higher number of water main breaks in this area
than normal.
Mr. Mogan stated that he has asked St. Paul Water to check their
data to see what the frequency of the problem is and whether
something should be done. He informed Council that some of the
water main was replaced in the Friendly Hills street reconstruction
project and that water main replacement is not assessable.
Responding to a question from Councilmember Krebsbach, Mr.
Mogan stated that water is currently fed from the twelve inch line at
Dodd and Freeway Road, and when the Town Center project is
completed there will be other loops and a better watermain network
to serve this area in spite of the increased need for Town Center.
Page No. 6
May 21, 2002
Councilmember Krebsbach stated that she is concerned about the
quality of the pavement material — the city's streets are not good
looking.
Mr. Mogan responded that is a maintenance issue (seal coating),
rather than a new construction issue.
Councilmember Krebsbach asked if Mr. Mogan thinks there will be
construction traffic from Town Center on all of the Freeway Road
neighborhood streets.
Engineer Mogan responded that he could not tell the neighborhood
there will not be any construction traffic.
Mayor Mertensotto stated that there should be no reason construction
traffic would use Freeway or South Freeway Roads but Council
could restrict them from using the neighborhood streets.
Councilmember Krebsbach asked if the project should be delayed
until 2003 if that is when the Town Center construction will be done.
Any construction traffic that does come through on the neighborhood
streets would then be driving on old streets.
Councilmember Vitelli stated that he cannot imagine drivers of
construction trucks using anything but Dodd Road because that is the
easiest access to Town Center.
Mayor Mertensotto asked for questions and comments from the
audience.
Mr. Jack Bukowsky, 663 Highway 110, stated that he replaced his
culvert last year with an 18 inch arch pipe that he connected to the
culverts of the neighbors on each side of his property. He asked if
the city is going to tear out what he just put in.
Engineer Mogan responded that his goal is to take out all of the
culverts under driveways. There will be an inlet pipe to capture the
water and get rid of it, and all of the ditch drainage that now comes
towards the Bukowsky property will be cut off.
Mayor Mertensotto informed the audience that if existing culverts
are not part of the new drainage system, they will be removed and a
storm sewer system will be designed and constructed as part of the
project. Mayor Mertensotto directed Engineer Mogan to be aware of
Page No. 7
May 21, 2002
the inquiry about the three properties to the east of South Lane when
he prepares the plans and specifications for the project.
Mr. Duane Dill, 1910 Knob Road, stated that she is pleased to hear
that the city will address the sanitary sewer system. It is almost an
annual occurrence that he has to clean out his sanitary sewer. He
asked if there will be a cul -de -sac or turn around or other provision
for snow plows, trash trucks, etc., at the end of Knob Road.
Engineer Mogan responded that the Public Works Superintendent
would like to see something done, but he has not come up with a
design yet. Perhaps a hammerhead would help.
Mr. Tom Norman, South Freeway Road, stated that he has been
waiting for this project for five years. South Freeway Road is a
disgrace and he is firmly convinced Engineer Mogan will do the
right things to get the street in shape and also there will be storm
sewer. He urged Council to approve the project and get it done as
quickly as possible.
Mr. Dan Wills, 679 South Freeway, stated that he is concerned about
the watermain breaks. The breaks cause a considerable mess and the
street patches that are done after the repairs are atrocious. He does
not want to see the project go ahead unless something is done about
the watermain break problems.
Mr. Joe Henry, 657 Highway 110, was concerned about the storm
sewer starting at South Lane. From South Lane all the way to
Delaware there will not be curb and gutter. He asked why curb and
gutter isn't installed all the way to Delaware as part of this project.
He was also concerned that he has trees and bushes in the right -of-
way that block his view of the Town Center site and he would like
the city to work around them as much as possible.
Engineer Mogan responded that he could do a stub off the main line
to pick up the drainage as it goes down the frontage road.
Ms. Lori Dempsey, 1958 Knob Road, stated that she is concerned
about tree loss. She would lose three trees if the street is widened.
Engineer Mogan stated that he is in the process of getting field
information and hopes to have information about the trees in a
couple of weeks.
Page No. 8
May 21, 2002
Councilmember Krebsbach asked why the curb and gutter is not
going to be extended on the frontage road all the way to Delaware,
and how it will be done at a later date.
Councilmember Vitelli asked why the city does not put in curb and
gutter along the remaining 400 feet of the frontage road from South
Lane to Delaware now.
Engineer Mogan responded that the frontage road east of South Lane
was overlaid in 1994 and is much better than the frontage road west
of South Lane and that is why it was not included in this project. A
drainage system will be built on Knob Road and will be discharged
to the south towards T.H. 110. The section of South Lane east to
Delaware can be designed and built at a later date. The street
condition is such that it does not need to be reconstructed. Also,
ditch drainage will be maintained on the south side of the frontage
road.
Councilmember Krebsbach stated that she doe not want to see these
streets torn up again because of watermain problems or rebuilding of
the segment of South Lane not currently being done. She asked why
staff does not request MSA funds to construct curb and gutter on the
south side of the frontage road.
Public Works Director Danielson responded that it is a very tight
section and the curb would make it tighter. It could be done and
MSA would pay for it.
A gentleman in the audience asked about a trail on the frontage road.
Public Works Director Danielson responded that the county NURT
trail is still contemplated.
Engineer Mogan stated that there would be some difficulties
constructing the trail on the south side because it is so tight and the
highway is so close. Even if the county got a variance to build the
trail on the south side, it would be too dangerous given the proximity
to T.H. 110.
There being no further questions or comments, Councilmember
Krebsbach moved that the hearing be closed.
Councilmember Vitelli seconded the motion.
Ayes: 4
Nays: 0
Page No. 9
May 21, 2002
Councilmember Vitelli moved adoption of Resolution No. 02 -27,
"RESOLUTION ACCEPTING ENGINEER'S REPORT,
ORDERING OF IMPROVEMENT, AND PREPARATION OF
PLANS AND SPECIFICATIONS ON PROPOSED STREET
RECONSTRUCTION AND REHABILITATION IMPROVEMENT
PROJECT TO SERVE GAILAND HEIGHTS, JEFFERSON
HEIGHTS, MORTENSEN'S ADDITION AND SURROUNDING
AREAS (JOB NO. 200202, IMPROVEMENT NO. 2002, PROJECT
NO. 1)," with direction to city engineering to give Council a written
report regarding the watermain issue, the sanitary sewer concerns
that have been raised, and the tree issues.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 00 -21, JESSEN Council acknowledged a memo from Assistant Hollister regarding a
request from Mr. Dave Jessen for a minor conditional use permit
amendment to allow construction of a solid vinyl fence around a
portion of his property. Council also acknowledged a letter from Mr.
& Mrs. Jim Krieger 867 Bluff Circle, in support of the request.
Mr. Jessen explained that his home is located at the end of Bluff
Circle. There is a buffer area to the north between his property and
the NSP tank farm, and open space to the west. The City Council
approved a conditional use permit for a pool house in September.
He found a fence design last summer but did not order it until this
spring. The pool house has been built, and when he applied for a
fence permit, he was told that the city ordinance on fences has been
changed to require at least 30% open space. He paid 48,000 and
special ordered the privacy fence to match the color of his house.
The proposed fence will only go between his house and one
neighbor's property, and his neighbor has submitted a letter of
support.
Councilmember Vitelli stated that when the conditional use permit
was approved, Mr. Jessen did all of the right things but no one told
him that the ordinance changed. Mr. Jessen made an investment in
the fence without knowing it was in violation of the ordinance. He
felt that Council should approve the conditional use permit based on
the fact that only one neighbor will see the fence and he is in support
of it. The property backs up against a park and the NSP buffer and
the fence was ordered in good faith.
Page No. 10
May 21, 2002
Councilmember Vitelli moved approval of a minor amendment to
the conditional use permit granted under Case No. 00 -21 along with
authorization for the Code Enforcement Officer to issue the
appropriate fence permit.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
BOURN PROPERTY Council acknowledged a memo from Treasurer Shaughnessy
recommending that the city make an offer for the purchase of the
Bourn property at 1181 Bourn Lane.
Mayor Mertensotto informed Council that he has spoken with the
Bourn family and they do not know whether Mrs. Bourn will live in
the home for two more years or relocate this winter, so they are not
interested in negotiating at this time. Mrs. Bourn's son will contact
the city when they are ready to negotiate.
VISITATION CONVENT Council acknowledged a memo from Treasurer Shaughnessy
FINANCING regarding a request from Visitation convent for industrial revenue
bonds to assist in the financing of improvements at Visitation
School.
Councih ember Schneeman moved to schedule a public hearing for
June 18 for consideration of the issuance of industrial revenue bonds
for Visitation School.
Councilmember Vitelli seconded the motion.
Ayes: 4
Nays: 0
MENDAKOTA PARK Council acknowledged a memo from Parks Project Manager
NETTING Kullander regarding containment netting for Mendakota Park.
Mr. Kullander stated that the issue of containment netting came up in
1994. In 1995, the city raised the backstops but there is still a
problem with foul balls coming into the spectator area, and many
people are concerned. The Parks and Recreation Commission
included some type of netting in their five year capital improvement
program for the year 22005. In January, 2002, MHAA asked the
commission to push the priority up. MHAA indicated that they
could live with just putting netting over the back stops, and that is
what the commission recommended. Since that time, MHAA has
said they would rather have the netting on the interior of the hub area
for several reasons. The commission reviewed three options and
recommended the third option, which is netting over the hub area,
Page No. 11
May 21, 2002
but that funding be from a source other than the Special Park Fund or
that Council consider allocating additional cell tower revenues to the
fund.
Administrator Lindberg informed Council that Councilmember
Dwyer had called her to say that he is in favor of option 3.
Responding to questions from Councilmember Krebsbach, Mr.
Kullander stated that the netting will be about 19 feet above the
ground at the building and about 14 feet off the ground at the
backstops. There will be a small amount of "give" in the nets - a ball
would hit the netting and roll down to the back stop.
Councilmember Schneeman stated that there were four games going
on last night at Mendakota and there were lots of people having
picnics in the shelter and many other activities going on. People
were continually warning others to watch out for balls.
Responding to a question from Mayor Mertensotto, Mr. Kullander
stated that the netting would have to be removed every year. Many
parks have this type of netting and most of the recreation directors
are happy with it. The cost for the netting, cabling support posts and
sideline fence extensions would be about $35,000.
Mayor Mertensotto suggested getting bids and then deciding what
the funding source will be.
Councilmember Vitelli stated that every recommendation that comes
from the Parks and Recreation Commission says not to finance the
costs through the Special Park Fund. He stated that he asked staff
yesterday where the cost should be financed and they said the Special
Park Fund.
Responding to a question from Mayor Mertensotto, Finance Officer
Kristen Schabaker responded that this year's cell tower rent has been
dedicated to the Special Park Fund. Council could designate that the
six more months of revenue or next year's revenue go into the
Special Park Fund. About $32,000 in cell tower revenue is
generated in six months and $64,000 in twelve months.
Councilmember Vitelli moved to approve option 3 and direct staff to
prepare plans and specifications, seek bidders, and issue purchase
orders for the installation of containment netting and sideline fence
extensions at Mendakota Park, to authorize a transfer of $35,000 in
2003 cell tower revenues from the Water Revenue Fund to the
Ayes: 4
Nays: 0
Page No. 12
May 21, 2002
Special Park Fund to fund the cost, with direction to staff to return to
Council if the cost is greater than $35,000.
Councilmember Schneeman seconded the motion.
Councilmember Schneeman asked Mr. Kullander to get the project
done as quickly as possible.
Mr. Kullander stated that he will begin drawing plans and contacting
contractors for bids tomorrow. The nets will need to be specially
made and that will take about four to six weeks.
FIRE STATION PARKING Council acknowledged a memo from Public Works Director
LOT Danielson regarding fire station parking lot repairs. Fire Chief
Maczko was present for the discussion.
Public Works Director Danielson stated that the Fire Department
budget for this year includes an $11,000 allocation to repair the lots.
When the engineering staff inspected the lots this spring, it was
determined that the estimate made last year is very low. He
described the condition of the parking lots, stating that the west lot,
which is the top priority, should not just be repaired, but rather needs
to be reconstructed. The sidewalk and sunken curb by the south
entrance should be removed and replaced, and catch basins should be
installed around the island on the east side of the building. The east
parking lot has held up well, but it should be overlaid so that all of
the lots look uniform and to extend its life. The estimated costs,
including engineering fees, are $13,000 for the concrete and storm
sewer work on the south side and catch basins and new curbing on
the east side, $17,000 for removing and replacing the west parking
lot and patching and overlaying the south parking lot, and $8,000 to
overlay the east parking lot. He stated that Treasurer Shaughnessy
has indicated that there is sufficient funding in the Facilities Reserve
Fund to finance the work.
Mayor Mertensotto stated that he can see that the $11,000 work that
was budgeted should be done but asked if the sidewalks must be
replaced this year. He further stated that he hates to see unbudgeted
items like these.
Chief Maczko responded that the lot on the south side is the main
entrance to the building and because everything sunk, in some places
as much as three inches, and the base started to erode. That will not
get any better if only the concrete work is done. He stated that he /.
Page No. 13
May 21, 2002
would like to see everything done this year. The problem will not go
away, and if it is not done this year it will have to be done next year.
Mayor Mertensotto responded that last year the station needed
emergency roof replacement. He asked why these non - budgeted
requests always happen. There should be consistency in putting
things into the budget and following the budget.
Councilmember Vitelli recommended doing the work. He stated that
the city buildings should be an example of how Council expects the
residents to keep their property, and the lot looks shabby and should
be fixed.
Councilmember Vitelli moved to approve the parking lot repairs as
recommended by the fire chief.
Councilmember Schneeman seconded the motion.
Councilmember Krebsbach asked if there is anything that can be
done within the budget or not exceeding it so much.
Chief Maczko responded that when the budget was put together, he
thought an overlay would take care of the problem but when
engineering shot grades, etc., the engineering staff realized the
problem was bigger than they though it was last year.
Mayor Mertensotto stated that it is not uncommon to patch city
parking lots — patching was done at City Hall and at the public works
garage. There is $11,000 budgeted to repair the fire station lot and
while he can see a certain amount of overrun, he could not see a
$40,000 expenditure.
Councilmember Vitelli stated that the work will have to be done and
while Council could make things easier and put the work in the next
budget, in the funds are available now, the work should be done
now. Next year's budget may not be able to afford the work.
Vote on Motion: Ayes: 3
Nays: 1 Mertensotto
FIRE TRAINING — HOUSE Council acknowledged a memo from Fire Chief Maczko
BURN regarding a request from the fire department to burn a home on the
Ridder property for fire training purposes. Chief Maczko and
Training Officer Dave Dreelan were present for the discussion.
Chief Maczko stated that at the last meeting, Council discussed
granting the fire department permission to take advantage of an
Page No. 14
May 21, 2002
opportunity for a training burn on the Ridder property. It was
decided at that time that the department could do some training but
not take the house to the ground. The matter has had a lot of
publicity and word has gotten out that the house is abandoned He
contacted the owner and discussed the condition that the house not
be burned to the ground, and the owner said he would not be
interested in doing that. It would be cheaper and cleaner for him to
have it demolished. One of the discussion topics raised last meeting
was about pollution. He stated that asbestos and any other hazardous
materials must be taken away before the state will issue a permit for
the burn. Once the department finishes the training, the house burns
down into a hole and the property owner is responsible for making
sure the site is secure and the debris is removed. All conditions
related to abatement, etc., are the responsibility of the owner. The
benefit he receives is that the demolition cost is reduced if the
department does a complete burn.
Councilmember Vitelli asked how long the burn takes from start to
finish.
Officer Dreelan stated that the difference between this type of
training and Tom Thumb is that there would be live fires to attack.
This is geared towards giving the firefighters an opportunity to go
into a heavily involved house fire. The training would probably start
with a live fire about 8:00 a.m. and let it burn down about noon. It
could take two hours to totally burn down and the debris should all
fall into the basement. The firefighters will then wet it down and a
contractor would put a fence around the site. The last time the
department did a house burn was in 1997 and there has not been any
chance for the new firefighters to receive this training.
Chief Maczko stated that the department has had five or six burns
since he has been on the department. In the past, contractor has been
present right away the day the house burns occurred and returned the
following Monday to clean up.
Councilmember Vitelli stated that he would be glad to withdraw the
request to not burn the structure to the ground. The city's bonfire
lasts longer than the training.
Mayor Mertensotto responded that his concern is that any
environmentalist would say this is that the last thing one should do in
a developed community. There is no way to keep the smoke on the
site and any fire where a structure is being burned down will have
Page No. 15
May 21, 2002
smoke. He stated that he receives letters from children who ask if
the city is conforming to the Clean Air Act.
Councilmember Vitelli responded that the city bonfire is bigger than
this and the smoke blows into the sixty unit senior building.
Councilmember Krebsbach stated that the neighbors must be
notified. If there is someone in the vicinity who has a health
problem, the city should know that and not do the training. Also, if
someone is planning an event for the day of the training, the fire
would be problematic. The department should notify everyone
within a significant area around the site to determine if there are
people who have illnesses that would be impacted or are planning an
event.
Chief Maczko stated that the department has not had lots of
complaints from people about past fire burns. It has been more of a
crown control issue. He stated that he understands Council's
concerns and the department will accommodate people any way it
can.
Mayor Mertensotto stated that every developer would like to save
money by having vacant houses burned down. He also stated that
there must be other means of training available in the metro area.
Officer Dreelan responded that there is, but it is very expensive.
Councilmember Vitelli moved to approve the training as requested
and to direct the fire department to notify residents in the whole
block and invite them to let the department know if they have a
health issue or an event planned for the date of the training.
Councilmember Schneeman seconded the motion.
Vote on Motion: Ayes: 3
Nays: 1 Mertensotto
AIRPORT ZONING BOARD Council acknowledged a memo from Administrator Lindberg
ISSUES regarding Airport Zoning Board issues. Mr. Walter Rockenstein,
from Faegre and Benson, was present for the discussion.
Mr. Rockenstein informed Council that he is an attorney retained by
the MAC and the Joint Zoning Board. His firm has been retained to
help the airport with the land acquisition and zoning with respect to
the new runway. Last year the MAC asked that the Joint Zoning
Board, that met from 1982 to 1984, be reconvened. The issues that
Page No. 16
May 21, 2002
have arisen are the zoning for the new runway plus the crosswind
runway. The board meets about every three weeks and is addressing
issues such as height zoning and land use zoning.
Councilmember Krebsbach stated that since the board is looking at
requests from Richfield and Blooming for deviations from the
proposed zoning ordinance, it would be reasonable for Mendota
Heights to make a similar request to the board for parcels of property
in the city that could have a greater density if the city were granted
variances or deviations. The city has been negatively impacted
because it has been in compliance with the airport zoning ordinance -
there has been less development and loss of tax base. She suggested
that the city request a variance in terms of density, but not height.
She stated that Bloomington and Richfield are asking for exceptions
and Mendota Heights would like to be treated the same.
Administrator Lindberg stated that two parcels would be affected,
one consisting of 4.37 acres and the other 5.91 acres which is only
partly developed.
Councilmember Vitelli asked if the city would be facing any legal
costs.
Mr. Rockenstein responded that the only cost to the city is the cost of
the city staff presenting the case to the Joint Zoning Board.
Councilmember Krebsbach stated that the only question on legal
costs is what the liability is for Councilmember Dwyer and her, as
the city's representatives on the zoning board, should the board be
sued.
Mr. Rockenstein responded that the worst case is if someone's
property were negatively impacted they might sue the MAC and
name the city as a party to the lawsuit. In the end, it is airport zoning
for the purpose of protecting the airport.
Mayor Mertensotto stated that all six cities did a comprehensive plan
amendment and this was not brought into consideration. He asked
why MnDOT has the right to require things regarding land use
around airports and why the legislature is trying to bring the airport
back under MnDOT. People who are not representatives of a city are
making land use decisions that affect that city. He was concerned
about the one engine inoperative surface during take -off and stated
that the problem he sees is the wide cone. He stated that he would
Page No. 17
May 21, 2002
need more information on why height control is in a conical shape,
etc., before he would take any action on the matter.
Responding to the questions from Mayor Mertensotto, Mr.
Rockenstein stated that the legislature gave the Commissioner of
Transportation the responsibility to set up rules for airports. Those
rules were adopted in 1974 by the MnDOT aeronautics division.
MAC doe not do the zoning. The Joint Zoning Board makes the
recommendations and adopts the ordinance, and MAC serves as a
board of adjustment. Regarding the one engine inoperative, he stated
that it does reduce the height buildings can be built to, but the major
affect will be in Bloomington, since it is a relatively narrow corridor.
It is well above the Mendota Heights four story height
Mr. Rockenstein stated that the reasoning behind the one engine
inoperative surface is that unlike the other surface, you cannot find a
rule. You can only find a rule that says that a pilot must assume that
one engine will fail on take off and he must make calculations. Most
airports have adopted a one engine surface instead. For most
aircraft, on the hottest days they must take off without having to
offload fuel or passengers or switch to a longer runway. It is an
attempt to make the airport safer and more efficient. The rules
require that once the board has a draft ordinance, the board must
hold a public hearing and notify ever affected City Council and
property owners. The hearings should begin in August or
September.
Responding to a question from Councilmember Krebsbach, Mr.
Rockenstein stated that MAC'S staff recommendations based on
what they heard at the Joint Zoning Board meetings, Mendota
Heights is directly affected by runways 12L and 30R and 12R and
30L, there is no change proposed in the height restrictions that were
put in place in 1984. There is also no change in the two land use
zones. There is no change proposed in the regulations. The only
change is in the one engine out operative surface. There are no
changes in the existing Zones A and B and no change in the land use
zones.
Mayor Mertensotto asked Mr. Rockenstein if he would agree that the
conical zone comes straight out from the center of the two runways.
It fans on each side.
Mr. Rockenstein responded that it does. It is the exact cone the
airline pilots use to calculate whether they can clear an obstacle if
they lose an engine.
Page No. 18
May 21, 2002
Mayor Mertensotto was concerned about the one engine out cone
coming out of Mendota Heights. That means mechanics are in place
to do something in the future, and that affects future land uses.
Councilmember Krebsbach stated that it is up to Council to decide if
they want a variance put in place now.
Mr. Rockenstein stated that this is the time the city must make a case
on variances in the A and B zone or the board will start voting on
what zoning it will use for land use density.
Mayor Mertensotto stated that Council should tell the board that the
north parallel is not correct in the manner the cone is depicted.
Councilmember Krebsbach stated that she does not see any
advantage to taking that position, and that Council should not initiate
for the cone to sweep north.
Councilmember Vitelli thanked Councilmember Krebsbach for
bringing the issues to :Council's attention and supported her
recommendation to request variances so that Mendota Heights is
treated the same as the other cities.
Mayor Mertensotto stated that he would not want the one engine out
surface to swing anywhere out of Zone A and B. They would be
planning something that they are not operating.
Councilmember Krebsbach stated that the board could not that the
city's experience is that the planes turn out of the surface, but she felt
it is to the city's advantage to have the one engine out surface on
record. The city wants the A and B Zones and the one - engine out to
be within the A & B Zones.
Mayor Mertensotto stated that he would like to know why it is so
critically important to do the one engine out surface.
Mr. Rockenstein responded that he will provide the information
Council has asked for.
QWEST EASEMENT Council acknowledged a memo from Public Works Director
Danielson regarding a request from Ulteig Engineers on behalf of the
Qwest Corporation to purchase a 600 square foot easement along
Lexington Avenue from the city. The easement is necessary in order
for Quest to install two communications cabinets and a power meter
Page No. 19
May 21, 2002
pedestal. Council also acknowledged a proposed easement
agreement and a letter from Ulteig Engineers, Inc.
Mayor Mertensotto stated that a lease would be better for the city
than an easement.
Public Works Director Danielson stated that the representative of
Qwest could not be present tonight and asked that the matter be
tabled.
ADJOURN There being no further business to come before Council,
Councilmember Krebsbach moved that the meeting be adjourned.
Councilmember Vitelli seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 10:55 p.m.
Kathleen M. Swanson
City Clerk
Charles E. Mertensotto
Mayor