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1997-11-18 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 18, 1997 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock p.m. The following members were present: Mayor Mertensotto; Councihnembers Huber, Koch, Krebsbach and Smith. U-- • ' • Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: C APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the November 4, 1997 regular meeting as amended. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the November 18, 1997 meeting, with the exception of item m. "Police Chief Job Description", which was pulled for discussion, along with authorization for execution of any necessary documents contained therein: a. Acknowledgment of the October 14 Parks and Recreation Commission Minutes b. Acknowledgment of the November 13 Airport Relations Commission Minutes c. Acknowledgment of the October Fire Department Report d. Acknowledgment of the October Treasurer's Report e. Authorization to Prepare Plans and Specifications and to Begin Bid Process for Creek Bed Restoration - Brown Institute Ayes: 5 Nays: 0 POLICE CHIEF JOB DESCRIPTION November 18, 1997 Page 2 f. Acknowledge Receipt of the Unapproved Minutes from the September 3 NDC4 Commission Meeting and October 8th Executive Committee Meeting g. Acknowledge an Amendment to the Joint Powers Agreement for Landfill Abatement Funding from Dakota County h. Approval of the AMB Private Water Main Agreement, along with authorization for its execution by the Mayor and City Clerk. i. Approval to Appoint John Ambrose as Maintenance Worker I in the Street Department. j. Authorization to Perform Storm Water Maintenance for the City of Lilydale subject to inclusion of a 60 to 90 -day Termination Clause in the Agreement k. Acknowledge Metropolitan Council Comprehensive Plan Grant and Authorization to Execute Agreement 1. Acknowledge Receipt of Information Regarding Landscape Improvements to North Kensington Park n. Approval of the List of Contractors o. Approval of the List of Claims dated November 18, 1997 and totaling $347,724.73. Councilmember Koch seconded the motion. Mayor Mertensotto requested that the following procedures be added to the process of selecting a City Police Chief: 1) allow two or three weeks for response time; 2) include background investigation and credential verification in the profile for the final two or three candidates. City Administrator Batchelder noted that Minnesota law prohibits requiring a physical or criminal investigation unless a conditional job offer has been made. A general background check can be done without a job offer. It was the consensus of the Council to also delete the word "affluent" and "first ring" in the advertisement and use "northern Dakota County suburb. " In response to the Council's inquiry, City Attorney Hart stated that all candidates can be turned down if the Council does not find a qualified j candidate among the applicants. The burden of proof for any claim of discrimination would rest on the applicant. Ayes: 5 Nays: 0 RESOLUTION NO. 97 -78 BUNKER HILLS STREET RECONSTRUCTION November 18, 1997 Page 3 Councilmember Smith moved to adopt the Police Chief position profile, as amended and authorize staff to begin the recruitment process, including publication of a job advertisement in the Southwest Review, Sun Current, Police Chief Bulletin, and other appropriate local publications. Councilmember Huber seconded the motion. Council acknowledged staff reports and numerous letters from residents with respect to proposed Bunker Hills street improvements. Mayor Mertensotto stated that the option resulting from the feasibility hearing was to pursue a plan for an urban street reconstruction project. While the City has not received a petition with 35 signatures opposing the project, there have been many neighborhood comments of concern. A count of the written statements received indicates a slight majority favor the project. Because support is widely split, the Council reopened the discussion and agreed to make a decision whether or not to proceed with the project at this meeting. The project has been discussed for two years, and there will not be another public hearing. Approval of the project requires four affirmative votes. Termination of the project requires three votes. Mayor Mertensotto noted that the roads are 27 years of age. They have been seal coated twice. Many residents opposed to the project have requested mill and overlay work instead. However, if full curb and gutter are not installed, the storm water drainage problems will not be corrected, and the construction of the street will not be improved because the base of the road will not be replaced. Since all residents benefit the same, the assessment is the same to each property owner. It is the Council's responsibility to not only listen to residents but to determine what is in the best interests of the City. Civil Engineer Mogan distributed photographs illustrating storm water problems in this neighborhood. He stated that it would be irresponsible on the part of the City to proceed with a road project without addressing the storm water drainage. The streets were constructed in 1970 in conjunction with the installation of the sanitary sewer and watermain. The streets were constructed 20 to 30 feet wide with 1.5 to,2 inches of November 18, 1997 Page 4 bituminous on the street. Seal coating treatment was done in 1977 and in 1983. Because of the condition of the road, it was felt that it is not fiscally responsible to do another seal coat treatment. A task force met on this issue for two months and concluded that total reconstruction of the street is needed. It is City policy to participate to the extent of 50 percent of the cost of total reconstruction. The remaining half is assessed. However, the City does not participate in the cost of an overlay. The total cost is assessed to residents. The proposed project will increase property values and eliminate ditches and culverts and reduce road maintenance costs. Most important is the opportunity to correct the unstable subgrade conditions. Without curb and gutter freezing and thawing water in the spring will eat away at the edge of the new pavement. Other benefits with curb and gutter are the fact that they are constructed at a flatter grade than the bituminous street, and the surface life of the road is extended. Civil Engineer Mogan showed more photographs comparing roads reconstructed with curb and gutter to current roads in Bunker Hills. In response to a resident inquiry, he stated that seal coating was not done more than twice because the streets are not in good enough shape to benefit from that treatment. It would have been a waste of City money. Residents attending the meeting expressed the following concerns: 1. There were 75 people who signed the petition, which is approximately 60 percent who support a street overlay. 2. Residents believed that with three options presented, the neighborhood would have input on the decision. 3. The petition for an overlay was taken by advocates for that position. It cannot be taken as the expression of public opinion. 4. Trees will be lost when the road is widened. Some cities are designing narrower roads. 5. Residents would like to know if the Council is considering any other options other than total reconstruction. 6. The initial survey taken resulted in the majority wanting curb and gutter. The question is why the petition is more valid than the original survey. Mayor Mertensotto explained that there are statutory rules and regulations that must be followed with an assessment project. The feasibility report is on an urban street reconstruction project. There is no feasibility report on an overlay project. The Council must be responsible and consider the amount of money being spent and benefits to the constituency. The streets are substandard, and the question is how November 18, 1997 Page 5 much longer should the City put money into overlays and patching. It is his opinion that it would be a disservice to the residents of Mendota Heights if this project is not ordered in. Sooner or later these streets will have to be reconstructed. Municipal government must spend dollars prudently, and the City holds the line on expenditures. Councilmember Huber stated that the petition was presented to the Council a month ago with 44 signatures for an overlay. Since that time many letters have been received. He stated that he read each of the letters carefully and now counts 39 who support only an overlay, two are neutral, and 33 support complete reconstruction. This translates to 52.6 percent for an overlay and 44.7 percent for complete reconstruction. Councilmember Krebsbach noted that in the last discussion, a shorter drainage pipe route was discussed. She asked if that idea has been reviewed. Civil Engineer Mogan responded that the outlet pipe from the neighborhood to Highway 110 is approximately 1000 feet. The only place the pipe can be installed is in the boulevard. Mn/DOT approval will have to be received in order to shut down the roadway. That problem would be addressed with this project. Water flow would be accommodated by taking it to the current drainage path. Councilmember Krebsbach asked the estimated cost per homeowner if the road received only a 3 to 5 -inch pavement and 6 inches of gravel base but no curb and gutter. It seems clear that the roads need to be reconstructed, but the question is whether curb and gutter have to be installed. Civil Engineer Mogan stated that the only way to estimate that cost would be through a feasibility study. Councilmember Koch stated that with respect to all of the work done by City staff, the practical solution is to put in curb and gutter. However, the decision was opened to neighborhood residents with different options. She believes the Council needs to respect the majority opinion and preserve the street system that exists. Although she personally feels that complete reconstruction with curb and gutter is needed to solve the drainage problems, an overlay was presented as an option. The majority prefer an overlay which is the option she must support and hope that somehow the drainage issue can be resolved. November 18, 1997 Page 6 Mr. Pat Marin, 727 Willow Lane, stated that he uses the area roads the least of anyone, as his property is only 30 feet into the project area. He does not experience any problems, but the road is in bad condition. When there are potholes, cars bump down; after patching cars bump up. He would like to see the full reconstruction. It would be worthwhile because of the financing from the City. Mayor Mertensotto stated that Council has two options: 1) vote for the project consistent with the feasibility study; or 2) terminate the project. City Attorney Hart stated that in accordance with Minnesota Statute Chapter 429, the City is providing notice of the project to affected residents and providing the opportunity for those residents to be heard. What neighbors have not studied is the engineering report that states whether other alternatives are feasible and why from an engineering standpoint. To pursue other alternatives and comply with Chapter 429, this project would have to be voted down and the City go back to square one with a new feasibility study on another alternative. Councilmember Smith stated that based on the initial survey, the Council proceeded with the feasibility study that includes curb and gutter. Once that feasibility study was ordered, the other options were no longer being considered. Councihnember Krebsbach stated that it was her understanding that the Council would receive equal information on all options. At the last meeting she specifically asked the estimated cost of reconstruction without curb and gutter. It was never explained that another option cannot be selected without a feasibility study. She asked how long it would take to do a feasibility study without curb and gutter. Civil Engineer Mogan answered, perhaps a couple of weeks. Mayor Mertensotto stated that two weeks would not be long enough to prepare the study and notify residents of another public hearing. Consideration of two projects would create a lot of confusion and would likely increase project costs. One resident noted that the last time a feasibility report was presented at a public hearing, the process took a year. City Attorney Hart stated that only one project can be voted in. There is no statutory prohibition on the number of feasibility studies. November 18, 1997 Page 7 Councilmember Smith stated that she believes all efforts to determine preferences have been made in good faith. There is no mandate on either side of the question. This means the ultimate decision is the responsibility of the Council. No matter how long it is discussed, she believes public consensus will not be reached. Everyone contributes to the drainage problem, therefore everyone should participate in the solution. Based on the information presented, she does not believe an overlay would be a sufficient street repair or drainage remedy. The city has to do street maintenance when streets need repair and the city should not let any neighborhood unduly burden the other taxpayers with excessive maintenance costs. In this situation she believes a full reconstruction is needed, and she would favor curb and gutter with appropriate accommodations for individual situations. She stated that she is not in favor of another feasibility study because she feels adequate information is now available. Councilmember Krebsbach noted that costs would probably be higher to residents for reconstruction without curb and gutter, although there is no feasibility study to substantiate this assumption. In order for the streets to not fall behind the standard of other streets in the City, she would favor complete reconstruction whether or not there are curbs and gutters. Councilmember Huber moved adoption of Resolution No. 97 -78, RESOLUTION ACCEPTING REVISED ENGINEER'S REPORT, ORDERING OF IMPROVEMENT PROJECT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE THE AREA REFERRED TO AS BUNKER HILLS INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS, SOMERSET HILLS NO. 2, SUMMERSET PLACE, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES (JOB NO. 9514, IMPROVEMENT NO. 96, PROJECT NO. 3)," to order in complete road reconstruction in Bunker Hills with curb and gutter in conformance with the revised feasibility study; that trees be protected where possible, except for the tree on the Schuster property. Councilmember Smith seconded the motion. Discussion of Motion: Civil Engineer Mogan asked if the full width of the street should be built if it means removing trees. November 18, 1997 i Page 8 Councilmember Huber requested that those areas be addressed in the plans and specifications. Councilmember Krebsbach stated that to the extent that the feasibility study does not offer any other solution and the fact that she believes residents are looking for a solution, she will support the motion. Councilmember Koch stated that she has no option but to respect the majority of neighbors' wishes. She believes everyone is fully apprised of all objections and future financial considerations. Roll Call Vote: Ayes: Mertensotto, Huber, Krebsbach, Smith Nays: Koch Mayor Mertensotto called a break at 10:15 p.m. and reconvened the meeting at 10:25 p.m. COMMUNITY DEVELOPMENT BLOCK GRANT MASAC REPRESENTATION Council acknowledged the City's 1998 application for the Community Development Block Grant (CDBG) funds through the Dakota County Housing and Redevelopment Authority. City Administrator Batchelder stated that last year the City used the funding specifically for a rehabilitation loan program whereby low interest loans were made available to low and moderate income homeowners in Mendota Heights. Mayor Mertensotto requested a status report of the fund's use in the last year before Council action. Council acknowledged receipt of the proposed bylaw changes to the MASAC board. Mayor Mertensotto stated that the recommendation is to increase the size of the MASAC board from 34 to 38 members. Minneapolis would have two additional representatives, and the cities of Mendota Heights and Eagan would each have one additional representative. He stated that allowing more representation from affected cities is a step in the right direction. Councilmember Smith made a motion that the City submit a letter to the Chairman of MASAC and the Chairman of MAC to recommend that the Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 UPDATE ON AIRPORT ISSUES November 18, 1997 Page 9 Chamber of Commerce of Northern Dakota be allowed to fill the industry seats being added to MASAC under proposed by -law amendments. Councilmember Koch seconded the motion. Councilmember Smith made a motion to direct the City's MASAC Alternate Representative, Mr. Joe Leuman, to attend the December 2, 1997 MASAC meeting and vote favorably on the reorganization change with respect to voting on MASAC. Councilmember Krebsbach seconded the motion. Council acknowledged receipt of the update report on airport issues. City Administrator Batchelder reviewed a number of issues being worked on with MAC: 1. As directed by the Council in October, a letter dated October 20, 1997 was submitted in response to the environmental assessment for the expansion of Runway 4 -22. 2. The Metropolitan Council plans to use their new Aviation Guide Plan to make determinations on Comprehensive Plan updates from airport cities. Mayor Mertensotto stated that it has been difficult to convince the Metropolitan Council that the Garron site is appropriate for commercial development. He does not want to see industrial or semi - trailer truck traffic in that area. He would like to see the Resurrection Cemetery land along Highway 55 sold for residential use, which is the only use that would be appropriate. Pratt Homes was lost as a developer, and the City is in a catch -22 position. If the City denies reasonable use of the land, there could be an inverse condemnation action. City Administrator Batchelder stated that the Metropolitan Council has agreed to study those sites in relation to the Aviation Guidelines and report back to the City. The Met Council is aware that there have been discussions of how to compensate airport communities for removing tax base from the City because the only appropriate land use is not allowed on these sites. ORDINANCE RECODIFICATION Ayes: 5 Nays: 0 COUNCIL COMMENTS November 18, 1997 Page 10 Councilmember Krebsbach recalled a subcommittee meeting of MASAC that she attended where MAC indicated that planes are flying over the river bottom and warehouse district of Mendota Heights. She does not want to see an expanded warehouse district without City knowledge. Councilmember Smith noted that a letter from Metropolitan Council states they do not wish to grant exceptions to their newly adopted Aviation Guide Plan. But the City is not seeking an exception: what is needed is a change in the inaccurate guidelines. Council also briefly discussed concerns about the reality of the continuing expansion of the airport. Council acknowledged receipt of the proposed Request For Proposal (RFP) for recodification of the City's ordinances. City Clerk Swanson estimated that the recodification process would take approximately one year. Costs are estimated between $15,000 and $20,000, which includes legal fees. The purpose is to make sure City ordinances are in compliance with state statute and to incorporate all City ordinances into the City code. Staff is also compiling a list of errors and omissions to be corrected. Councilmember Huber asked if this project is budgeted. Ms. Swanson responded that it was budgeted three years ago, and the funds have been held in reserve. Councilmember Krebsbach moved to approve the RFP for the recodification of the City's ordinances a d to direct staff to submit the RFP to firms specializing in ordinance codification. Councilmember Smith seconded the motion. City Treasurer Shaughnessy noted the City's Truth In Taxation hearing scheduled for the next Council meeting, December 2, 1997, at 7:30 p.m. ADJOURN There being no further business to come before the Council, Councilmember Smith moved to adjourn the meeting to the next regular November 18, 1997 Page 11 Council meeting on December 2, 1997, at 7:30 p.m. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:00 p.m. KaAlf-ep M. Swanson City Clerk ATTEST: Charles E. Mertensotto, Mayor