Loading...
2001-08-21 City Council minutesPage No. 1 August 21, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 21, 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 Mayor Mertensotto stated that he would like to revise the agenda to place discussion with Realtor Steve Eriksson on the regular agenda and eliminate the closed session. He informed Council that he met with John Hermann and Mr. Hermann agreed with his opinion that it is not permissible to conduct a closed session. Councilmember Vitelli felt that Council should go to closed session with its negotiator. He felt that it would be a disservice to the residents of the city to negotiate in public. Mayor Mertensotto responded that unless there is threatened litigation involved Council cannot conduct a closed session. He stated that if Council decides to go to closed session, he will not attend. Attorney Schleck stated that when there is a threat of litigation Council is not limited to an open meeting. In a non-litigation matter, it could go both ways. Councilmember Dwyer asked for clarification that what is required is threat of litigation. He asked if Council can go to closed session if they anticipate that acquisition will go to eminent domain. Attorney Schleck responded stated that it could. If Council were going to suit against someone in other circumstances they would have the right to go into closed session. Mayor Mertensotto stated that it was his understanding that Mr. Eriksson would come back to report his progress with the land owners at this meeting. He stated that the landowners have not told Council that they would litigate. Ayes: 4 Nays: 1 Mertensotto Page No. 2 August 21, 2001 Councilmember Dwyer responded that Mr. Birch told Council he would fight the acquisition. If Council needs to talk about eminent domain in closed session, he felt it would be appropriate. Administrator Lindberg informed Council that Mr. Eriksson is prepared to make a presentation in the open meeting. It would be appropriate to hear his report and then decide on closed session. Councilmember Vitelli felt that there should be a closed session for two reasons. The city's legal counsel says it is appropriate to have closed session, and it is in the city's best interest to do this confidentially if there is a threat of litigation. Mayor Mertensotto responded that he will not subject himself to a fine for going into closed session. Councilmember Dwyer stated that the open meeting law is the law in Minnesota recognizing that decisions affecting the public should not be closed and members of the public have the right to input. There are exceptions if there is anticipation of litigation or if litigation has already commenced. He asked if there is a qualification that it is only Council and its legal counsel who can go into closed session or if Council can meet with anyone it wants to meet with on anticipated litigation. Attorney Schleck responded that that has not been addressed by the courts. In any type of litigation, experts other than attorneys are used that may not be legal counsel. If Council feels the services of an expert might be necessary for it to make a decision for the city, in his opinion Council has the right to bring in anyone it wishes to. Councilmember Vitelli moved to leave the agenda as it was prepared, including adjoirmnent to closed session to discuss strategy because some of the parcels will likely go to eminent domain. Councilmember Dwyer seconded the motion. Councilmember Krebsbach felt that it would be appropriate for Mr. Eriksson to be introduced to the as part of the agenda, but that any discussion that relates to the properties involved or transactions should occur in closed session. Councilmember Krebsbach moved adoption of the original revised agenda for the meeting. Page No. 3 August 21, 2001 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Dwyer moved approval of the amended minutes of the regular meeting held on August 7, 2001. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move item 5i, firefighter resignations, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 10, 2001 and August 14, 2001 Parks and Recreation Commission meetings. b. Acknowledgment of the minutes of the July 18, 2001 and August 15, 2001 Airport Relations Commission meetings. c. Acknowledgment of the minutes of the April 4, 2001 NDC-4 Commission meeting and the May 2 and June 6 executive committee meetings. d. Acknowledgment of the Treasurer's monthly report for July. e. Acknowledgment of the Parks and Recreation Commission's recommended projects to be funded by the Special Parks Fund in 2002. f Authorization to reschedule the September 18 Council meeting to Thursday, September 20, 2001. g. Approval of a temporary on-sale beer license and waiver of the fee for the Royal Redeemer Family Fall Festival to be held on September 29, 2001, subject to receipt of a certificate of liquor liability insurance and retention of all off-duty police officer for the event. h. Authorization for execution of a corporate agreement with the Dakota County CDA for construction of a 60 unit senior facility in the Town Center project area. Page No. 4 August 21, 2001 i. Approval of the appointment of Acting Police Chief Jeff Piotraschke as Chief of Police effective August 21, 2001. j. Acknowledgment of Sergeant Neil Garlock's successful completion of his one year probationary period and approval of his appointment to regular status as Sergeant. k. Approval of the 2002 NDC-4 budget. 1. Adoption of Resolution No. 01 -45, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR MARIE AVENUE MILL AND OVERLAY PAVING PROJECT (JOB NO. 20010 1, IMPROVEMENT NO. 200 1, PROJECT NO. I)," awarding the contract to Ace Blacktop, Inc., for its low bid of $283,475.00. in. Adoption of Resolution No. 01 -46, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR AUGUSTA SHORES (IMPROVEMENT NO. 2000, PROJECT NO. 4)," as amended. n. Approval of the list of contractor licenses dated August 21, 2001. o. Approval of the List of Claims dated August 21, 2001 and totaling $191,584.42. p. Authorization for the issuance of a purchase order to Keller Fence, in the amount of $11,275.00, for installation of hockey rink boards at Marie Park, to be financed by the Special Park Fund, along with authorization for the City Administrator to issue purchase orders for an asphalt pathway and installation of new light poles at Marie Park when qualified bids within the limitations of the project budget are received. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 FIREFIGHTER RESIGNATIONS Council acknowledged a memo from Fire Chief Maczko regarding the retirement of Firefighter Jerry Nelson, Jr. and the resignation of Firefighter William Redding, Jr. Chief Maczko informed Council that Mr. Nelson has been on the department for ten years and that Mr. Redding came back to the Page No. 5 August 21, 2001 department after a 25 year hiatus. Both are leaving the department for health reasons. Councilmember Schneeman moved to regretftilly accept the retirement of Firefighter Jerry Nelson, Jr., effective August 1, 2001, and the resignation of Firefighter William Redding, Jr., effective September 1, 2001. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 AUDIT PRESENTATION Mr. Chris Omdahl, from KPMG, reviewed the city's audit for the year 2000 and responded to questions from Council. He read a portion of the KPMG opinion on the city's financial position, stating that it is a clean and unqualified opinion that is consistent with and indicative of sound financial practices. FIREFIGHTER Council acknowledged a memo from Fire Chief Maczko APPOINTMENTS recommending the appointment of five individuals to fill vacant positions on the fire department. Fire Chief Maczko was present for the discussion. Chief Maczko reviewed the credentials of the candidates and informed Council on the testing and interviewing process. He stated that he would like to start a reserve firefighter group because there are so many individuals interested in joining the department. The reserve would be a feeder program for the organization, and its members would be true volunteers. Councilmember Schneeman moved that Scott Henning, Steven Boley, Patrick Noack, Mary Kreuser and Richard Gipanski be appointed to one year probationary periods as firefighters, effective September 2, 2001. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 LILYDALE TRAIL REQUEST Council acknowledged a letter from Barr Engineering, on behalf of the City of Lilydale, requesting approval for Lilydale to construct a trail segment along Lexington Avenue, from Douglas Drive to the entrance road into the Overlook Condominiums, and requesting city participation in funding for the trail segment. Council also acknowledged an associated report from Parks Project Manager Guy Kullander. Page No. 6 August 21, 2001 Mayor Mertensotto agreed with the Parks and Recreation Commission recommendation that the city to deny the funding request since the trail link, would not provide any benefit to Mendota Heights. Councilmember Schneeman commented that Mendota Heights would be allowing Lilydale to use the right-of-way but Mendota Heights would not be bound to any monetary commitment. Councilmember Kxebsbach asked if Lilydale is prepared to pay for the trail link. Mayor Mertensotto stated that he does not know if special easement would be needed within the right-of-way. Public Works Director Danielson informed Council that the trail segment would be for the residents of the Overlook Condominiums who want to access the Mendota Heights trails. Lilydale is going to construct a trail along T.H. 13 using TIF money and that money is limited. That is why Lilydale is asking for the city's help. The Parks and Recreation Commission felt that the trail would be for the benefit of the condominiums and not Mendota Heights residents. Mayor Mertensotto stated that if Council authorizes the use of the right-of-way, there would need to be a written agreement with Lilydale. He stated that Mendota Heights is not going to be responsible for the project. Councilmember Dwyer agreed, stating that there are also maintenance issues that need to be addressed in an agreement. Mr. Danielson stated that the trail would be within the right-of-way, and that he will address maintenance in the agreement. Mayor Mertensotto stated that Council has no objection if Lilydale wishes to build the trail within the county right-of-way but it would have to be pursuant to a joint powers agreement so that the city has no liability on construction, safety, maintenance or other issues. Also, he stated that Lilydale would have to draft the agreement, and must also get the permission of the Mendota Heights property owner who would be affected by the trail segment. Councilmember Dwyer moved to direct the City of Lilydale to present a joint powers agreement for Council consideration, along with proof that Lilydale has obtained the consent of the affected Mendota Heights landowner. Page No. 7 August 21, 2001 Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 FENCE ORDINANCE Council acknowledged a draft amendment to the fence provisions in the Zoning Ordinance, along with a report from Administrative Assistant Hollister. Mayor Mertensotto informed the audience that Council had directed staff to prepare a draft ordinance amendment to reduce the allowed fence height to five feet. Councilmember Schneeman stated that she spent considerable time reviewing the draft and looking at what other cities have done. She stated that she would like Council to hold a joint meeting with the Planning Commission to discuss fences, detached garages, recreational vehicles and spot zoning. Mayor Mertensotto agreed, stating that he would like to look at a number of items, including recodification issues. Councilmember Dwyer stated that he would also like to address fencing on comer lots. Attorney Schleck stated that he did some telephone research with a fence contractor when he prepared the draft. One of the concerns with sectional vinyl fences is restricted visibility and ventilation. The minimum height those fences come in is six feet. If this ordinance is adopted as written, sectional vinyl fences would require conditional use permits. Councilmember Krebsbach stated that she would agree with a workshop but would like to act on the fence amendment now. People are not accustomed to the vinyl fences and they are surprised by them being installed. If there is a lot of objection to the amendment, the objections will be raised at the Planning Commission hearing. Mayor Mertensotto suggested that Council send the draft ordinance to the Planning Commission for hearing and see what kind of feedback the commission and residents give. Councilmember Vitelli stated that he would not want to send it to the commission and encourage them to recommend its adoption. He did not know what problem the amendment would solve. He sated that Page No. 8 August 21, 2001 he does not want the Planning Commission to get the message that he supports the amendment. Mayor Mertensotto responded that the inconsistencies between the pool fencing ordinance and the fence provisions in the zoning ordinance should be resolved. Councilmember Dwyer pointed out that a conditional use permit would be required for fences taller than five feet and the conditional use permit fee is an issue. Councilmember Schneeman suggested that Council ask the commission to consider the fee as well. Councilmember Schneeman moved to send the draft ordinance to the Planning Commission for review and recommendation. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TOWN CENTER Council acknowledged a letter from Mr. Steve Eriksson, the city's consultant for Town Center property acquisitions. Mr. Eriksson was present and introduced himself to the audience and briefly reviewed his credentials and history. He informed Council that he has spoken to the three property owner this week and feels that things are generally going well, but there is one area he is concerned about. The Tom Thumb and Oasis discussions are going well, but he does not have any recommendations at this time. Mayor Mertensotto informed Mr. Eriksson that the only problem he has with Mr. Eriksson's letter to the city is that Mr. Eriksson said that it was implied that he would work in partnership with Mr. Mark Savin, from Faegre and Benson. That raises the question of under whose direction Mr. Eriksson will work. He stated that Mr. Eriksson should be working under Council's direction. Mr. Eriksson responded that he understands that the city is his client, and what he meant was that Mr. Savin is a member of the team also serving Mendota Heights. Mayor Mertensotto pointed out that Faegre and Benson is not the city attorney. The city is getting a team approach because several people are billing the city on a monthly basis, but nothing is coordinated. Council hired Faegre and Benson to assist with the special TIF legislation, and that is no longer a problem. Mr. John Page No. 9 August 21, 2001 Hermann, from Faegre and Benson, has taken the attitude that he is the program director. The city paid for title searches, and now has Faegre and Benson also doing title work. The survey work was completed by a registered surveyor, although the city could have gotten the information from the Dakota County surveyor. Several ancillary studies are also being made. He informed Mr. Eriksson that Mr. Hermann has informed him that there should not be any problem with Mr. Eriksson coming before Council tonight and telling Council that he has contacted the property owners and that he is making progress. Mr. Eriksson stated that he understands that he works for the city and perhaps should have changed the agreement wording. He stated that he is not aware of what Faegre and Benson has done. COUNCIL COMMENTS Councilmember Dwyer informed Council that he and Councilmember Krebsbach met with MAC representatives this morning as Council's representatives on the reconvened MSP Airport Zoning Board. He stated that the committee's mission will be to address height issues around the airport. The first committee meeting is scheduled for early September, and the committee will probably meet for nine months. The committee consists of representatives from the Cities of Mendota Heights, Bloomington, Richfield, Hennepin County and two MAC members. Councilmember Krebsbach stated that she appreciates being appointed to the committee and briefly informed Council on key issues for the committee. Mayor Mertensotto stated that it had been reported this evening that MAC voted to cap Part 150 at $150 million and only homes in LDN 60 to 64 will be eligible. After the $150 million is spent, the program will end. Basically that means there will not be any more noise attenuation n Mendota Heights because the contours are being pulled in. Councilmember Vitelli announced that city staff members now have email capability and that staff is proceeding with finding someone to set up the city's web site. ADJOURN There being no fiirther business to come before Council, Councilmember Dwyer moved, on the recommendation of legal counsel Dan Schleck, that the meeting be adjourned to closed session Page No. 10 August 21, 2001 to meet with Steve Eriksson to discuss Town Center property negotiations. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: I Mertensotto TIME OF ADJOURNMENT: 9:26 p.m. Kafhleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor