Loading...
2001-10-16 City Council minutesPage No. I October 16, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 16, 2001 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 Vitelli moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the revised minutes of the regular meeting held on September 20, 2001. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: I Mertensotto Councilmember Krebsbach moved approval of the minutes of the regular meeting held on October 2, 2001. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move items 5e, training service, and 5g, 805 Hilltop Road (Bland) variance, and 5j, Housing Incentives Program, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for September. b. Acknowledgment of the Fire Department monthly report for September. c. Acknowledgment of an update on the Lexington Avenue trail. Page No. 2 October 16, 2001 d. Authorization for issuance of a purchase order for the purchase of plantings and landscape materials for fire station landscaping for an amount not to exceed $4,500. e. Approval of exterior modifications for Ecolab, Inc., along with authorization for issuance of all required permits. f. Adoption of Resolution No. 01 -63, "A RESOLUTION DENYING A CONDITIONAL USE PERMIT AND DENYING VARIANCES FOR A DETACHED GARAGE FOR SCOTT AND MARSHA SPATAFORE OF 1070 CHIPPEWA AVENUE." g. Adoption of Resolution No. 01-64, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM." h. Adoption of Resolution No. 01-65, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL MARIE AVENUE NULL AND OVERLAY PAVING PROJECT (IMPROVEMENT NO. 200 1, PROJECT NO. 1)." i. Approval of the list of contractor licenses dated October 16, 2001. j. Approval of the List of Claims dated October 16, 2001 and totaling $570,932.07. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 TRAINING Council acknowledged a memo from Administrator Lindberg regarding training sessions for city employees. Mayor Mertensotto stated that training sessions are not budgeted, and five sessions could involved forty hours taken out of the effective work week. He felt that the training is not needed and stated that there was no advance warning and there is no funding budgeted. Councilinember Schneeman felt very strongly that the training is something the city should do. She did not feel the training cost proposed by Success Training is very expensive in comparison to Page No. 3 October 16, 2001 what other firms charge. She stated that most businesses perform similar training ever few years. Councilmember Vitelli supported the recommendation, stating that the sessions will get people together to share views on issues. Most of the benefit will be just having the employees sit down and get to know each other better. He felt that half of the employees will walk away with a better idea of how to work with other people and how to deal with their peers. Councilmember Dwyer asked if Administrator Lindberg knew anything about the trainers. Administrator Lindberg responded that two employees recently attended a women's conference that Success Training participated in, and were very impressed. Also, they have worked with other cities. She stated that if there is a situation where an employee needs to be somewhere else, the employee would not be required to attend a training session. She stated that the city has a great staff and the proposed training can only improve service to the residents. Councilmember Dwyer expressed concern over the ability of the facilitators to bring the group together. He deferred to the Administrator's recommendation, stating that he views the training as an investment in the city's staff. He supported the recommendation not to exceed $3,200. Administrator Lindberg responded that the cost is $2,550 for the training plus $15 per assessment. The maximum cost would be $3,200, but it is not likely that all 43 city employees will attend. Mayor Mertensotto asked if Council will receive an analysis as to what the city is getting for its investment. Administrator Lindberg responded that she would definitely give council a report. Councilmember K-rebsbach asked what the assessment is and what the qualifications are of the person who will administer it. She noted that neither of the Success Training principals is a psychologist. Administrator Lindberg responded that the assessment is a tool that reveals personality type and communication skills. The information would not be shared with the other employees, but gives the trainers an overview. The trainers will present a chart showing the different Page No. 4 October 16, 2001 types of personalities and communications style overall. She stated that Success Training expressed their willingness to come before Council to discuss their qualifications. She stated that there are several organizations that do this type of work, and she is not fixed on Success Training. She stated that she can get a broader list of their credentials if desired. Councilmember Krebsbach stated that if the focus is communication styles, that is fine, but the city must make sure that the privacy of the individuals is protected and that the trainers do not go beyond their credentials. She stated that it appears that the principals are journalists, and she was concerned about the assessment. She asked for information on the assessment and how they plan to handle it. Councilmember Vitelli moved to authorize an expenditure not to exceed $3,200 for employee development sessions from Success Training, Inc., with direction to the City Administrator to make sure that the trainers do not overstep their qualifications in terms of administering the assessment and to make sure the employees are not asked to do an assessment that is not appropriate. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Administrator Lindberg stated that she would like all staff members to attend if they are able. She stressed that the assessment information would only be available to the individual employee completing the assessment and the results will be provided anonymously to the entire group. People who are not scheduled to work during the hours of the training session will not be required to attend, and over-time will not be paid. Mayor Mertensotto stated that it must be understood that an employee can opt out. He was concerned about the time being taken out of the work. BLAND VARIANCE/ Council acknowledged a memo from Public Works Director WACHTLER AVENUE Danielson regarding action taken on September 20 to grant a VACATION variance to Ms. Pat Bland to allow construction of a fence at her property line. Mayor Mertensotto stated that Ms. Bland had originally requested a street vacation but Council granted a variance. Public Works Director Danielson has found that the vacation of the subject portion of Wachtler Avenue was recorded at the County in 1984, and the Dakota County assessor is the only one who had a record of it, so it Page No. 5 October 16, 2001 did not show up during staff research. At the time of the vacation, the city did not reserve an easement. Councilmember Vitelli stated that the city should quickly refund the application fee to Ms. Bland. Public Works Director Danielson responded that no fee had been paid. Councilmember Vitelli moved to rescind the variance approval granted at the September 20, 2001 City Council meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 LIVABLE COMMUNITIES Council acknowledged a memo from Administrator Lindberg ACCOUNT regarding participation in the Metropolitan Livable Communities Act. Responding to a question from Councilmember Krebsbach, Administrator Lindberg stated that participation in the Livable Communities Program is voluntary. Grants, such as the livable communities grant prepared by Ms. Carolyn Krall for Town Center, are available to participants in the program. Councilmember Dwyer moved adoption of Resolution No. 01 -65, "A RESOLUTION ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TOWN CENTER GRANT Council acknowledged a memo from Administrator Lindberg along APPLICATION with a copy of the city's Livable Communities Grant Application for Town center. Ms. Carolyn Krall was present for the discussion. Ms. Krall explained that she was present to inform Council on the grant application and the latest concept plans for Town Center. She distributed copies of the plan to Council, explaining that the grant application is the second phase application. There will be a presentation to the Metropolitan Council on October 19. The Metropolitan Council is seeking very detailed information on what the city is proposing to use the grant money for and they asked all Page No. 6 October 16, 2001 applicants to present phases because they have less money than in previous years. The city's application was broken into phases over several years. The grant application is for both design and construction. Responding to a question from Councilmember Krebsbach, Ms. Krall stated that she is a principal of both Studio Works and Landform Engineering. Ms. Krall stated explained the phases and reviewed what the city would be responsible in the Town Center project and what the developer will be responsible for. The grant funding would apply to the public components of the project. She reviewed changes from the concept plan that was approved in June, which include dealing with the Freeway Road access, a right -only access from T.H. 110 into Town Center, and an increase in the town square area made possible because of underground parking in the retail structures. Responding to a question from Councilmember Schneeman regarding the availability of funding for a pedestrian underpass under T.H. 110, Ms. Krall stated that she will pursue an application from a federal source, but she is not sure that grading will allow an underpass. Mayor Mertensotto sated that it should be made clear that although the city has a master plan, that does not mean that everything on the plan is where it will ultimately be because engineering has not yet been done. Councilmember Krebsbach asked whether some type of large pylon sign on T.H. 110 is envisioned to identify the project. She pointed out that she has spoken against signage on the buildings that would be visible from T.H. 110. Ms. Krall responded that signage would be addressed in the design guidelines and that signage is something that needs to be addressed in greater detail when the design guidelines are developed. There will be issues about how to let people know before they get to the right -in entry from T.H. 110. Mayor Mertensotto stated that Council is at the point where it should be adopting the master plan, because engineering needs to start. He stated that until the grading and drainage plans are competed, the location for the senior housing cannot be determined. Page No. 7 October 16, 2001 Ms. Krall responded that Council has approved a concept plan in effect and she will bring the plan being discussed tonight to the Metropolitan Council. Engineering will be based on this plan. She stated that the plan being presented this evening does not need to be adopted this evening. A vote of confidence in the plan would be great, but the PUD process will begin in about a month, and modifications will come between the first and second submissions and again between the second and third submissions. The grant application refers to the July I drawing. Councilmember Krebsbach responded that the plan being discussed this evening should be the plan of record that Council refers to. Councilmember Vitelli asked how Co-Lincil can recognize that this is the approved plan, and the plan Council adopted as a baseline. Mayor Mertensotto asked if there would be any problems in the PUD and planning process if Council were to adopt this concept, making it the document that is referred to in all future studies. Mr. Ross Feffercorn stated that the drawing presented this evening is a significant refinement since the July I plan and a great baseline plan. The only thing he does not know is what site planning the CDA needs. Mayor Mertensotto stated that if Council adopts this plan, it will become the master plan for future study. Then city engineering can look at for MSA. Councilmember Vitelli moved to adopt the Mendota Heights Town Center master plan dated October 16, 2001 as the master plan for the development. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TOWN CENTER SERVICES Council acknowledged a memo from Assistant Hollister regarding CONTRACT a proposal from Ms. Carolyn Krall, Landform Engineering, for site design, civil engineering and landscape architecture services for Town Center. Mayor Mertensotto stated that he would like to hold up on the contract. The city owes Ms. Krall $4,000 for work that has been done. He felt that Council needs to think through things Rirther before it contracts with Landform. Landform may be doing Page No. 8 October 16, 2001 engineering for the development, and Council needs to follow through as it always does on public projects. The city prepares the engineering plans and then bids the projects and oversees construction. Ms. Krall may be preparing the plans for city review in the future for this development. Ms. Krall responded that city engineering would do the street layout, etc., for the public components. It is not intended that Landform would do engineering for any of the development components. Whether or not she is retained to do the detail for the development, this must be done for the PUD process. Councilmember Krebsbach pointed out that page 8 of the grant application refers to RMF Entities as the master developer. Ms. Krall responded that RMF has been in the application for the livable communities grant since the beginning, and the reference has been used loosely. A key to the second phase application is to let the Metropolitan Council know there is a developer aboard. It is important to let the Metropolitan Council know what the status is. The initial engineering is normally done by the developer, and the engineering for the public road must be done. Rough grading and a more detailed layout for the road are necessary to make sure the grading and cures will work. That is why Council must go forward with engineering. The city will need to do things that a developer would normally need to do. There is a very large public component to the project and that part of the engineering must be done. Mayor Mertensotto stated that he needs to find a point of division between what is the responsibility of the city and what is the responsibility of the developer. Ms. Krall responded that the first two PUD submissions would be done by the consultant with the city being the applicant or n conjunction with the designated developer, but would deal primarily with the basic layout and public areas, etc. In the final submission, the developer would need to prepare detail based on what the city has already approved as a detail outline. The developer would have to comply with the design guidelines at the end of the second step. That is what she has proposed in her contract — only the first two steps. Mayor Mertensotto commented that the engineering expertise is needed to test the design concept. That is not in the area where the - city would be responsible. Page No. 9 October 16, 2001 Councilmember Vitelli stated that the process would be brought to the point where the city would have an intelligent PUD. Ms. Krall explained that the scoping document describes what Landform would be doing as engineering services under the contract. Landform would only go through the second PUD submittal. Councilmember Krebsbach asked for a list of the engineers Ms. Krall would be working with. Mayor Mertensotto, asked if the engineers who would be working on the project are experienced in municipal engineering. Ms. Krall responded that all of the engineers are experienced, including municipal work, and that she would provide a list. She stated that she is prepared to start the engineering immediately and get the PUD application to the Planning Commission in November and the second submission to them in January. Preliminary design concept will be completed in six weeks to test the design guidelines. Councilmember Dwyer stated that his only question is that Council has established this is an add-on work contract. He asked what was contemplated in the original contract. Ms. Krall responded that the city had a contract with Westwood to do the early engineering work, and she was going to go back to them to ask for an additional proposal, which had previously been budgeted in the livable communities grant for $32,400. The Westwood engineer who has been working on Town Center is ill and resigned. She could not find someone else in the firm who had the expertise to do this project. Councilmember Vitelli moved to approve and authorize execution of the agreement with Landform for $32,400 in addition to the existing contract and to authorize the additional compensation of $4,000 for work already performed on behalf of the rezoning of the property, with the understanding that Ms. Krall will provide the names and credentials of the engineers who will work on the project. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TOWN CENTER Council acknowledged a memo from Administrator Lindberg Page No. 10 October 16, 2001 DEVELOPMENT AGREEMENT regarding discussion on a preliminary developers agreement with RMF Entities (Ross Feffercorn) and a proposed resolution designating RMF as the developer for Town Center. Mr. Feffercorn was present for the discussion. Mayor Mertensotto stated the he feels Council can accomplish the same thing in a resolution whereby the city would say it will negotiate a redevelopment contract with Mr. Feffercorn. Council is negotiating with Mr. Feffercorn towards an exclusive development agreement. The agreement would be in effect until June 2002, and Council will be looking for a timetable. Council will also look for a development pro forma. Council has been putting together an anticipated project cost schedule, so Council can see how far it can continue with the $4.5 million in TIF. Mr. Feffercom responded that in terms of the pro forma, there would be two parts — the municipal improvements and internal development. Mayor Mertensotto stated that Council could adopt a comfort resolution so that Mr. Feffercorn can plan on being the exclusive developer and give him to June 1, 2002 to enter into an agreement. Site acquisition should be completed by the city by the beginning of 2002. Mr. Feffercorn stated that he wants to make sure that there is a city side and a developers side to the budget. Site acquisition will have a lot to do with putting together a budget. He stated that the resolution is a good faith agreement on the part of the city. As the development goes forward, he will be developing a separate corporation for the purpose of developing the project. He suggested adding a section to 2c. of the resolution that excludes the HRA and the public improvements from the RMF requirements. Mayor Mertensotto stated that Cotmcil is putting its faith in Mr. Feffercorn. He is the person being retained as the developer. Council has had experience with Mr. Feffercom throughout the Town Center process and he knows the design. He stated that Council has to limit Mr. Feffercorn's assignment of interest to another entity. Mr. Feffercorn responded that he would be the principal in the separate corporation, and he will set up a corporation specifically for this project. He assured Council that while he has many projects going on, he will concentrate on Town Center. Page No. 11 October 16, 2001 Councilmember Dwyer stated that there can be no assignment without Council's consent. Councilmember Vitelli stated that he understands Mr. Feffercorn's concern over section 2c. He suggested that the section be amended to add that the CDA and city will provide the necessary financial information for him to prepare the agreement pro forma. Mayor Mertensotto stated that Mr. Feffercorn will be using the same architect as the CDA because the senior housing component will be setting the design for the entire project. Co-Li ncilmember Vitelli moved adoption of Resolution No. 01 -67, "RESOLUTION DESIGNATING RMF AS THE DEVELOPER FOR THE MENDOTA HEIGHTS TOWN CENTER DEVELOPMENT," as amended. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TOWN CENTER RELOCATIN Council acknowledged a memo from Administrator Lindberg regarding a proposed agreement with Steve Carlson/Evergreen Land Services for relocation assistance for the Town Center project.. Mayor Mertensotto stated that Mr. Carlson will be involved in relocation services should there be a need for that service in the Town Center development. Mr. Carlson will be taking direction from Mark Savin of Faegre and Benson. Councilmember Vitelli suggested that Council meet in closed session because he would like to ask some questions and get clarification on costs. He stated that Attorney Schleck has informed him that closed session would be appropriate. He felt that Council needs the opportunity to discuss the parcels and the background and see what Mr. Carlson thinks the city may incur in costs. Mayor Mertensotto stated that Councilmember Vitelli can contact Mr. Carlson on a one to one basis if he chooses, and that there is no strategy to discuss. Councilmember Vitelli moved to approve proposal with Steve Carlson, Evergreen Land Services, to conduct relocation negotiations with Town Center property owners and tenants under the direction of Mark Savin of Faegre and Benson. Page No. 12 October 16, 2001 Councilmember Schneeman seconded the motion. l Ayes:5 Nays: 0 TOWN CENTER QUICK Council acknowledged a memo from Administrator Lindberg TAKE regarding including all of the Town Center parcels in the quick take process. Mayor Mertensotto stated that Mark Savin has requested that Council proceed with acquiring fee title to all of the parcels. Council has already authorized quick take for the three major parcels, and Mr. Savin is asking for authorization for quick take for all of the parcels. Councilmember Schneeman moved to authorize the quick take condemnation for all of the Town Center parcels. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 KIPP ADDITION Council acknowledged a memo from Public Works Director Danielson regarding a proposed amendment to the Kipp Addition developer's agreement. Mr. Kipp and his legal counsel, Mr. Neal Blanchett, were present for the discussion. Mayor Mertensotto stated that Mr. Kipp would like to get around the two year statutory provision on petitioning for public improvements but must abide by the what the statute provides. He stated that he talked to Attorney Peter Coyle regarding his concerns over the agreement. Mr. Kipp may want to sell his residence and the lots. Council does not want to have a plat approved that looks like it ready for building permits. There are no utilities and on site will not be allowed by the city. The agreement should be amended to include a tenth paragraph stating the legal descriptions of the lots within the plat, and to state that the city is not obligated to issue building permits for any of the newly created residential lots until there is a petition for public improvements. Connection to the private utilities will not be allowed. Adding the legal descriptions of the lots to the agreement, which will be recorded with the county, will provide notice to prospective buyers. A new paragraph 11 should also be added to provide that the agreement be recorded on the property record. Also, the proposed agreement provides that the assessment costs will be determined at the feasibility hearing, but that will not be done until the project is completed. The language should be revised to state "at the assessment hearing." Page No. 13 October 16, 2001 Mr. Blanchett stated that he understands all of the proposed amendments and that Mr. Kipp agrees to them. Councilmember Dwyer moved to authorize execution of the Developers' Agreement for the Kipp Addition Single Family Lot Development, amended to add paragraph ten to state the legal descriptions of the parcels, including the Ratchye and Pabst parcels, and paragraph 11, regarding filing of the agreement on the property records, and amended to revise paragraph 8 to reflect that the amount and distribution of assessments will be determined at the assessment hearing. Councilinember Schneeman seconded the motion. Ayes: 5 Nays: 0 YEAR 2002 STREET PROJECTS Council acknowledged a memo from Engineer Mogan regarding consideration of Year 2002 street projects. Engineer Mogan reviewed the potential projects, which included Jefferson Heights/Freeway road, Somerset View, T.T. Smith's Addition and Dodge Lane. He suggested going forward with Freeway Road in coordination with the Town Center work. Mayor Mertensotto felt that the five property owners on Dodge Lane should be informed that the city would like to proceed with an urban street section, including curb and gutter and storm sewer, as a special improvement project. Dodge Lane is different from a street reconstruction project where the city participates in financing because the street has never been improved. If the property owners object, the city would not proceed. He also felt that the portion of Freeway Road within Town Center should be part of the Town Center project. Councilinember Schneeman was concerned that contractors would use Freeway Road during the Town Center construction. She stated that she would hate to build Freeway Road and then have the contractors damage it. Engineer Mogan responded that he could leave the final lift of blacktop until Town Center construction is completed. Councilinember Schneeman asked if Engineer Mogan is considering doing all of the projects and if he has sent notice to the people in all Page No. 14 October 16, 2001 of the neighborhoods to see if they would like to have something done. Councilmember Krebsbach stated that she thought Council was looking at not going forward with the neighborhood projects and concentrating staff time on Town Center. Public Works Director Danielson stated that he would seriously consider the Freeway Road neighborhood. He has received calls from several neighbors who would like to have their street done. Mayor Mertensotto agreed, stating that Council must be careful not to take on to much engineering work. Sunset and Ivy Falls Lanes are in terrible shape, and an inquiry card should be sent to those property owners. Councilmember Vitelli stated that he would like to see Somerset View and the avenues and Freeway Road constructed next year. He stated that former Mayor Lockwood thinks there are more people now who want the Somerset View street upgraded. He asked if the city ever out sources engineering projects rather than putting them off for two or three years. City engineering should be kept focused on Town Center and Freeway Road. Treasurer Shaughnessy responded that the concern is supporting the engineering department. The department needs to engineer the projects in order to be self supporting. The city does not levy a tax to pay for the engineering department, and the department requires the revenue from the projects. Councilmember Vitelli stated that he would like to see more than one or two projects done. The city does not have the resources to do that. He suggested getting RFPs from engineering firms. Mayor Mertensotto stated that he is concerned about straining the engineering department's capabilities. Once they have done the engineering work for Town Center they can take on other projects. Public Works Director Danielson stated that the Lexington trail and the Ridder property are also coming up. Mayor Mertensotto agreed, stating that the city does not need to commit to doing the work in 2002. Engineer Mogan stated that field surveying and staking take a lot of time and staff are using very old technology. Page No. 15 October 16, 2001 Administrator Mogan suggested incorporating discussion of upgrading equipment into the budget discussion. Councilmember Vitelli stated that Council has no idea what percentage of the people want these projects done and has no clue how many projects staff can do. Staff needs to do some information gathering and let Council know what people want. Councilmember Schneeman responded that Engineer Mogan is present to ask if Council wants him to conduct a poll. Councilmember Vitelli stated that Ivy Falls Avenue is also in need of repair. He also asked what information Engineer Mogan has regarding slurry sealing versus seal coating. Engineer Mogan responded that the city has been doing slurry sealing for ten to twelve years and the streets look really nice for a couple of years. It does a good job of sealing cracks, but then the streets get gravelly. Councilmember Vitelli asked Engineer Mogan to come back and tell Council what method will be used to resurface streets. Either tell Council that slurry seal is the way to go or that seal coating is better because it looks better. Council authorized a poll of all of the neighborhoods that were mentioned in the report, directed staff to inform the Freeway Road residents that Freeway Road is planned for reconstruction, and directed staff to prioritize the projects and let Council know what the engineering staff can realistically handle. Staff was also directed to prepare an analysis and recommendation on slurry sealing versus seal coating. DELAWARE AVENUE TURN Council acknowledged a memo from Public Works Director BACK Danielson regarding Dakota County's desire to tam the segment of Delaware Avenue from Dodd Road to Annapolis back to the Cities of Mendota Heights and West St. Paul. Councilmember Vitelli stated that he would like to see what this means financially over a 30 year period. Mayor Mertensotto stated that the city has no option under statute. The county must bring the street up to city standards. In this case, Page No. 16 October 16, 2001 the county is proposing to give the cities money for future improvements rather than doing the upgrading. Public Works Director Danielson stated that the county maintains the road now and the city will have added costs for its maintenance. The county can turn it back whether the city wants it or not. They have offered to give the cities money to bring it up to standards when the cities want to do the upgrades. There will need to be a joint agreement with West St. Paul that addresses maintenance, etc. Responding to a Council question on the pros and cons, he stated that the street segment is badly in need of maintenance and repairs and Dakota County has had that responsibility. A benefit is that the street segment can be placed in the MSA system without a reduction in the city's allowed mileage. Councilmember Vitelli stated that another con is that two cities will always have to agree on how to maintain it, etc. Councilmember Dwyer stated that Mendota Heights tax payers are not receiving a service now. The city needs to do what it can to assure them that they will receive the same service as other residents. Councilmember Dwyer moved to enter into a turn back agreement with Dakota County and, if necessary, with West St. Paul. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Brian Birch addressed the Council with regard to the Town Center quick take condemnation. He thanked the Mayor for coming and talking to him. He stated that he talked with the city's negotiator and has been doing so in good faith. When Council authorized quick take at the last meeting, he was out of town and did not know it would be discussed. Mr. Erikkson did not inform him that Council took the quick take process without any notice to him. Councilmember Dwyer informed Mr. Birch that Couccil authorized its legal counsel to begin the quick take process. The first step they need to take is to give the property owners notice. The city is completely within its rights to do what it did. Mr. Birch responded that he should have been given the chance to speak to the issue before action was taken. He stated that for two years he has asked to be notified when is property would be on an Page No. 17 October 16, 2001 agenda but was only notified once. He stated that he also has not heard from anyone about the creek on his property and his driveway. Mayor Mertensotto stated that he was not aware of the drainage problem until he spoke to Mr. Birch. He tried to see what the city could do to take care of the two impediments to negotiating for Mr. Birch's property. He stated that he informed Mr. Birch that he would look at the two issues (drainage and driveway), and staff suggested that Mr. Birch give the city a figure for all three issues. He called Mr. Birch and let him know that. He stated that he got into a problem about contacting Mr. Birch, so he did not contact him any further. Responding to a question from Councilmember Dwyer, Mr. Birch stated that he has been in Philadelphia for two weeks and just returned this past Sunday. Administrator Lindberg asked Mr. Birch if he had spoken to Mr. Erikkson in the past two days. Mr. Birch responded that he called Mr. Erikkson because he had called Mr. Birch. Mr. Erikkson said the process was going nowhere. He also stated that there should have been public notice of Ms. Krall's presentation this evening. Councilmember Krebsbach stated that one of the reasons Faegre and Benson was retained was because of the contentious relationship the city has had with Mr. Birch over the years. The city hired a negotiator so that things are handled professionally. Attorney Schleck stated that with respect to the process that is being undertaken, it is within the Council's statutory rights. Regarding notice, the city is following all statutory requirements. Individual communication is at the discretion of the city. Mr. Birch asked if the city is going to pay for his legal fees if quick take is pursued. He also asked Council to establish contact with the city's negotiator. Councilmember Dwyer responded that if Mr. Birch has an attorney, the city's legal counsel can only contact Mr. Birch's representative. Attorney Schleck stated that Mr. Birch can waive that right by giving Council a letter. He stated that all of the property owners will be �' -� notified about the quick take by the city's legal counsel this week. Page No. 18 October 16, 2001 Council directed Administrator Lindberg to call Mr. Birch tomorrow regarding the drainage issues. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:24 p.m. at�24 � � M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor