Loading...
1995-08-01 Council minutesPage No. 4497 August 1, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 1, 1995 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, 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, Councilmembers Krebsbach and Smith. Councilmember Huber had notified Council that he would be late. Councilmember Koch had notified Council that she would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the July 18, 1995 meeting with correction. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to remove item 5k , Heaver modified site plan approval, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for June. b. Acknowledgment of the Code Enforcement monthly report for July. c. Acknowledgment of the minutes of the July 12, 1995 Airport Relations Commission meeting. d. Acknowledgment of the minutes of the July 25, 1995 Planning Commission meeting. Page No. 4498 August 1, 1995 e. Approval of the 1995 -96 labor contract settlement between the city and Teamsters Local No. 320 and authorization to execute a formal labor contract agreement. f. Acceptance of a letter of resignation from Public Works Maintenance Person Gary Pike and authorization for staff to begin the process of hiring a replacement. g. Adoption of Resolution No. 95 -35, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL AND CALLING FOR HEARING ON ASSESSMENT ROLL FOR THE RECONSTRUCTION /REHABILITATION IMPROVEMENTS TO SERVE FRIENDLY HILLS REARRANGEMENT, HASELBURGER ADDITION, SIMEK REARRANGEMENT, AND SURROUNDING AREAS (IMPROVEMENT NO. 92, PROJECT NO. 6)." h. Adoption of Resolution No. 95 -36, "RESOLUTION ACCEPTING FEASIBILITY REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE IVY FALLS SOUTH (IMPROVEMENT NO. 95, PROJECT NO. 3)." i. Approval of a modified critical area site plan to allow construction of a 12 by 15 foot porch addition at 1145 Orchard Place, along with waiver of the $100 site plan review fee (CAO 95 -01, Home Enhancers). j. Approval of a modified critical area site plan to allow construction of a 10 by 14 foot shed at 1219 Victoria Curve, along with waiver of the $100 site plan review fee (CAO 95- 02, Burow). k. Acknowledgment of a letter from Mrs. Ludelia Palmer and memo from the Public Works Director, and authorization to release the Palmers from the condition that they complete a lot survey before construction a new fence which received wetlands permit approval on August 6 (Case No. 95 -09). 1. Approval of the list of contractor licenses dated August 1, 1995 and attached hereto. q. Approval of the list of claims dated August 1, 1995 and totaling 252,596.32. Page No. 4499 August 1, 1995 Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 CAO 95 -03, HEAVER Council acknowledged an application from Mr. Keith Heaver for modified critical area site plan approval to allow construction of a spa tub, deck, porch and enclosed walkway at 1889 Hunter Lane. Council also acknowledged an associated memo from Code Enforcement Officer Berg recommending approval of the modified site plan approval and informing Council that the total project includes construction of swimming pool, which will require critical area review by the Planning Commission and City Council because of the amount of dirt which must be excavated. Mr. Heaver was present for the discussion. Mr. Heaver stated that the swimming pool permit must go to the Planning Commission if more than 100 cubic yards of fill is removed, and he estimated that he will be moving between 90 and 110 cubic yards of dirt. He asked Council to discuss that issue this evening rather than going to the Planning Commission. Mayor Mertensotto responded the matter must still go the Commission and Council for review of the retaining wall and pool enclosure. Councilmember Krebsbach felt that it is important that these types of project in the bluff area go to the Planning Commission and that they comply with the ordinance completely. She stated that she wants the applicant to understand that if Council gives approval tonight, it will only be for the spa tub, deck, porch and enclosed walkway and the other items must be discussed at the Planning Commission level. Mr. Heaver responded that if he moves less than 100 cubic yards he would not have to go through the Commission review - if he is moving between 90 and 110 cubic yards, that will be taken out for the swimming pool and will be placed right next to the pool. The retaining wall will support the dirt that is being taken out. He asked if he could get approval this evening if he limits excavation to only 90 yards. Councilmember Krebsbach responded that a 40 by 40 foot in ground pool on the top of the bluff is a significant structure. She also pointed out that there is a natural ravine, and both of the other pools in the neighborhood have been controversial. She stated that those Page No. 4500 August 1, 1995 applicants had to make accommodations to their neighbors in order to get approvals for the pools. She was concerned that granting any approvals this evening would lead the applicant to believe that the pool and retaining wall will be approved. She felt that in fairness to the neighbors, Council should take a look at the project in the most conservative fashion and that the applicant should follow city procedures as closely as possible. Mayor Mertensotto stated that if it is determined that the excavation will be less than 100 cubic feet and staff determines that further review is not needed, the matter should be placed on the August 15 agenda. If the determination is not made, the application must be processed through the Planning Commission. He stated that there needs to be a clarification on what is needed as well as the depth of the pool and the amount of fill to be moved. PUBLIC COMMENTS Mr. Peter Beck, from AT &T Wireless Services, stated that AT &T recently installed an antenna tower at the intersection of I- 494/T.H. 55 in the NWDOT right -of -way. He explained that the antenna was installed with Mn/DOT approval but without the approval of the city, and stated that he understood from Mn/DOT that local approval was not necessary on Mn/DOT land. He stated that the installation was about 99% complete when it came to the city's attention and AT &T closed the site and removed all contracting equipment immediately after being contacted by the city. He asked that Council allow the site to be activated while the planning application is being processed through the Planning Commission and Council. Mayor Mertensotto stated that he does not know that AT &T enjoys priority over any other land owner in the city, and that it should abide by the same rules as everyone else. He stated that once AT &T puts its system on line, it can say it does not care about city approvals - and anyone else might do the same thing by constructing something before coming in for approvals. He informed Mr. Beck that he should have investigated all requirements before the tower was erected, over a week -end, and cannot now claim there is a hardship and that AT &T should get special consideration. He recommended that the request be denied. Mr. Beck stated that he wants it to be clear that if approval is granted to activate the site, there will be no additional construction activity and he would not assert that approval would mean that AT &T will be granted approval by the Planning Commission. Page No. 4501 August 1, 1995 Councilmember Smith stated that she has questions about the tower and believes Council has the obligation to ask questions when the matter comes before them in an open forum. Mr. Beck responded that AT &T already has a tower in Mendota Heights. Mayor Mertensotto responded that AT &T knew that approvals were required when it installed the first tower, therefore it should have known before putting up the new tower that the same approvals were needed. He directed Mr. Beck to follow ordinance procedures. PUBLIC COMMENTS Mr. & Mrs. James Schueppert informed Council on a recent burglary of their home and expressed their anger and frustration over the lack of a secured juvenile detention facility in Dakota County and over the way the legal system released the suspects with little or no bond. They commended the police department for its investigative work and for apprehending the suspects, but felt that it is self - defeating for the police to have the suspects get off so easily. The felt that the system is flawed and asked that Council look into the problem, exploring it with the Dakota County authorities to see that something is done to develop a better system. Mayor Mertensotto responded that although the city has no jurisdiction over the courts or the county, Council will support the Schuepperts in their requests. Councilmember Krebsbach stated that she would like the city to get a report on the status of a Dakota County juvenile detention facility and information on average bonds required by the court. Mayor Mertensotto responded that Council has to talk to the court about the bonds, and can pursue a juvenile detention facility with the County Board. Regarding bonds, he stated that Council can send a resolution to the county attorney and the judges for the city's district, asking them to look at the bond schedule particularly in this case. He informed the Schuepperts that Council will support them in their efforts. Staff was directed to prepare a resolution based on the comments presented by the property owners with respect to the juvenile facility, addressed to the chief judge, Dakota County district judges and the city's legislators. PUBLIC COMMENTS Mr. Fred Moore was present to complain about drainage problems which he attributed to development of the lot adjacent to his. Public Page No. 4502 August 1, 1995 Works Director Danielson was directed to send a letter to Mr. Moore's neighbor and to keep in contact with Mr. Moore. Councilmember Huber arrived at 8:15 p.m. BID AWARD - SWANSON Council acknowledged a memo from Civil Engineer Sanders 2ND ADDITION tabulating bids received for construction of the Swanson's 2nd Addition improvements. Mayor Mertensotto stated that the site has terrain and drainage difficulties, and asked if staff has investigated the qualifications of the low bidder. Public Works Director Danielson responded that Kober Excavating has been a subcontractor but has never completed a municipal project. He explained that Engineer Sanders contacted past employers of Kober and they gave Kober very high ratings. Mayor Mertensotto cautioned staff to alert the contractor at the pre - construction meeting on where the problem areas may be. Councilmember Krebsbach moved adoption of Resolution No. 95- 37, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATERMAINS, STORM SEWER AND STREET IMPROVEMENTS TO SERVE SWANSON' S 2ND ADDITION (IMPROVEMENT NO. 95, PROJECT NO. 2)," awarding the contract to Kober Excavating, Inc., for its low bid of $114,304.24, with the understanding that there will be very close scrutiny and supervision by the city. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 95 -15, Council acknowledged an application from the Convent of the VISITATION Visitation for a conditional use permit to construct a gazebo on the monastery grounds. Council also acknowledged associated memos from Assistant Batchelder and the city planner. Ms. Linda Ostberg, project architect, was present for the discussion. Mayor Mertensotto stated that he understands that the application has been before the Planning Commission, which unanimously recommended approval. Page No. 4503 August 1, 1995 Ms. Ostberg stated that the screened gazebo will be just under 700 square feet gross, although it had originally been calculated at about 899 square feet. Councilmember Krebsbach moved adoption of Resolution No. 95- 38, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONVENT OF THE VISITATION TO CONSTRUCT AN ACCESSORY STRUCTURE ON THE MONASTERY GROUNDS," in accordance with the gazebo plans and specifications on file with the city. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 95 -06, MN /DOT Council acknowledged an application from Mn/DOT for a conditional use permits for an accessory structure and filling in excess of 400 cubic yards. Council also acknowledged associated staff reports. Mr. Jack Pirkl, Mn/DOT Maintenance Engineer, explained that the proposed 80 by 125 foot salt storage facility is intended to replace an existing salt shed of about 30 by 120 feet. He explained that Mn/DOT is required to cover salt and sand, and the proposed storage capacity will be 3,400 yards. He stated that a canopy will be installed as well, so that all of the material can be covered. Mayor Mertensotto stated that the Planning Commission expressed concern about the height of the lighting poles. He asked when the lights will be on, and expressed concern about casting light outside the Mn/DOT site. Mr. Pirkl responded that the lights will only be on during the snow and ice periods, and stated that Mn/DOT will agree to direct the light on site as much as possible. He informed Council that the City Planner is agreeable to the type of lights proposed. Responding to a question from Mayor Mertensotto about the structure's exterior, he stated that it will be steel siding, probably in an earth tone color, and can be any color Council desires. Public Works Director Danielson informed Council that the Planning Commission did not address colors but suggested that the structure match the existing Mn/DOT building. Mayor Mertensotto suggested that perhaps the structure be a sand color rather than dark brown to match the existing building. Mr. Page No. 4504 August 1, 1995 Mr. Pirkl responded that they try to keep the facilities clean to avoid corrosion. With respect to color, he stated that he would be happy to come to the city staff to get recommendations on color. He also stated that he would agree to a condition that the lights will only be on during the winter months. Mayor Mertensotto asked if Mr. Pirkl is aware of the grass seed mixture recommendation of the planning consultant. Councilmember Smith referred to the Planning Commission recommendation that the light poles be as short as possible. She stated that, without interfering with the work being done at the site, the city would still like the poles to be as short as possible. Mr. Pirkl responded that if the poles are high, Mn/DOT can minimize the number of lights that will be needed. He stated that there is very little diffusion off the property and the lights are the standard cobra head type used by WDOT, which will direct the light down and outward onto the Mn/DOT property. He informed Council that there are 40 foot poles on the upper level of the site now, and the proposal would add four poles of the same type. Mayor Mertensotto responded that it would be hard to argue that the lights should be lower if there are already 40 foot poles on the site. Councilmember Smith stated that there is a lot of light on the Mn/DOT property and pointed out that there are residences in the area, across Pilot Knob. Mr. Pirkl stated that the storage shed would be at the old T.H. 13 level, which is about 15 to 16 feet lower than the main building. He stated that the lights would be around the perimeter of the parking lot for a working area and they are a combination of photo cell and switch lighting. He stated that when Mn/DOT has the need for loading, the lights will be switched on, and agreed that they will only be used when the salt storage facility is being used. Responding to a question from Councilmember Smith, Mr. Pirkl stated that if the lighting is more than adequate for the site or creates problems for the area residences he will come back to Council to discuss the matter. Councilmember Krebsbach stated that she would like to see the landscaping be trees that are more substantial, and would prefer that they not include poplar. She informed Mr. Pirkl that Council has asked private businesses to invest in plantings and would like Mn/DOT to do something compatible. Page No. 4505 August 1, 1995 Councilmember Krebsbach stated that she would like to see the landscaping be trees that are more substantial, and would prefer that they not include poplar. She informed Mr. Pirkl that Council has asked private businesses to invest in plantings and would like Mn/DOT to do something compatible. Councilmember Huber moved adoption of Resolution No. 95-39, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FILL AND A CONDITIONAL USE PERMIT FOR ACCESSORY STRUCTURE TO ALLOW A SALT STORAGE SHED AT 2229 PILOT KNOB ROAD," with the conditions that the pole mounted lights e used only when the salt storage shed is in use; that the paint color be approved by city staff; and that the landscaping plan be revised to include species other than poplar and poplars are not to be used as a specified tree in the landscaping plan. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TREE PRESERVATION Council acknowledged a memo from Assistant Batchelder and revised proposed tree preservation ordinance. Council also acknowledged letters from Bernard Friel, Robert Prior, Chris Riley, and Gail Crecelius regarding the proposed ordinance, and a letter and proposed ordinance language from Sten Gerfast. Assistant Batchelder informed Council that everyone who had expressed an interest in the matter at the last Council meeting was notified that the ordinance proposal would be on this evening's agenda. Councilmember Huber stated that the proposed ordinance has been revised to address only properties of two acres or more and states that if a permit is issued for tree removal people would be asked to replace the tree that is removed. He asked why replacement is required. Assistant Batchelder stated that in the case of properties under two acres no permit is required, therefore replacement would not be required. He further stated that in the case of larger parcels, the city would have to determine the impact of tree removal on adjacent parcels, which gives the city the opportunity to require replacement where removal does impact neighbors. Mayor Mertensotto, stated that his main concern is that trees are finite and die or can come down in strong winds. He stated that in his neighborhood many trees have grown up on larger parcels and are not particularly desirable, such as cottonwoods and boxelders. Page No. 4506 August 1, 1995 He pointed out that the ordinance stipulates not only that people cannot cut down trees, but if they do, they not only have to pay for tree removal but also must replace the trees. Mr. Batchelder responded that the first draft had a lengthy list of species, good trees versus scrub trees, but that level of specifics has been removed in the current draft. He explained that the current draft does include a waiver where someone can proof it is not necessary to replace a tree because it is an undesirable, or scrub, tree. He pointed out that there is no permit fee, nor is there a requirement for Planning Commission or Council approval. He informed the audience that there is no proposal to hire a forester. Ms. Kathleen Mahoney, legal counsel for Mr. & Mrs. Robert Ridder, stated that the Ridders are concerned by the ordinance because it is an attempt to manage private property. She stated that the Ridders own one of the largest undeveloped tract in the city, and when they purchased the land many years ago, there were very few trees on it. She stated that the Ridders should have the right to decide how to use their property and its resource, and pointed out that the ordinance imposes a burden on the land owners. She further stated that there is much micro - management in the ordinance because there will be review given by the Council and Planning Commission, and it requires replacement at the sole discretion of the city if there is a visual impact. She informed Council that the Ridders feel that it is inappropriate for the city to adopt a tree preservation ordinance, and she felt that the ordinance reads as an improper restriction on the rights of property owners. She stated that the main purpose of the ordinance is to maintain a look or feel, not to control soil erosion or carbon dioxide, etc. Ms. Mahoney stated that the Ridders strongly ask Council to reconsider whether the city wants to micro manage individual property owner rights. Councilmember Krebsbach stated that she has spoken to Mrs. Ridder, and Mrs. Ridder felt that it makes sense to have something in the city ordinances to prevent clear cutting. Ms. Mahoney responded that the Ridders have been strong supporters of the city and will continue to support it, and she felt that if the ordinance would speak to clear cutting only it would be a different matter. Councilmember Krebsbach stated that what she is most interested in is that the city have a way to prohibit clear cutting of undeveloped 1 property. She further stated that she understands there is an agreement in the superblock not to cut trees, but she was concerned Page No. 4507 August 1, 1995 about what would happen when one of the owners sells. She informed Ms. Mahoney that she would like Council to consult with the property owners to arrive at some level of protection. Mayor Mertensotto stated that he has spoken to Mrs. Ridder, and that he feels she is concerned that once an ordinance is adopted the Ridders would have added expense because of what neighbors might want. He further stated that perhaps Mrs. Bidder's most compelling argument to him was that there has not been a defmitive tree ordinance in the past and now the city is 85 to 90% developed. He informed the audience that the current tree cutting moratorium expires on September 1. He asked City Attorney Hart if Council can extend the moratorium just in the cases of larger undeveloped acreage, independent of zoning, and continue the moratorium against clear cutting. Attorney Hart responded that statutes relating to moratoriums allow much discretion, further stating that a moratorium must relate to a general planning matter. He did not think that there would be any problem in extending the moratorium, as Council is engaged in a city -wide planning issue. He informed Council that under state law a moratorium could easily be in effect for 18 months. Mayor Mertensotto stated that Council is trying to work out a reasonable solution and would like input from the Ridders. He explained that the moratorium would have to be extended at the next Council meeting or it will end without an ordinance in place. Mr. Sten Gerfast stated that the city is about 95% developed and developed without a tree ordinance in place. He asked that Council either dispense with the proposed ordinance or consider the language he has proposed. Mayor Mertensotto stated that the language proposed by Mr. Gerfast implies that adjoining land owners have veto power on tree cutting. He suggested that staff rework the draft ordinance for the next meeting, possibly applying it to any parcel that could be subdivided. Councilmember Smith suggested that it apply to parcels that are undeveloped or subdividable. Mr. Gregory Lee, Executive Director of the Dodge Nature Center, stated that the center has 171 acres of land which is zoned R -1A. He was concerned about what the proposed ordinance portends for the nature center, stating that the nature center board and staff have, over the past year, started to seriously investigate what to do with Page No. 4508 August 1, 1995 the property and the plan is to do active restoration. He stated that the ordinance would prohibit the center from clear cutting and prohibit them from removing more than six 4" diameter trees in a year. He showed Council a six to seven inch buckthorn which has been taken out because buckthorn is very destructive to wildlife habitat. He explained that there is a backlog of 25 years of letting the property grow wild and stated that he does not relish having to come to the city every time the nature center wants to remove a buckthorn or boxelder, etc. He explained that the nature center is trying to return the land to native species. Councilmember Smith stated that Mr. Lee is talking about forestry management, and she felt that this could be worked out in the ordinance. Councilmember Krebsbach stated that if the nature center is planning to bring its property back to a prairie she would like them to consider keeping a buffer to the Copperfield area. She asked Mr. Lee to see what the nature center would be comfortable with in terms of clear cutting and perimeter buffer. Mr. Lee responded that the center would like it land to be considered as a different type of property and subject to different consideration. Mr. Stan Linnell, 1407 Cherry Hill Road, stated that he is pleased with the ordinance revisions. Administrator Lawell informed Council that Councilmember Koch phoned him to ask that he inform Council that she feels that the ordinance is still more intrusive and has a greater level of detail that she desires, but she agreed that there needs to be some wording on clear cutting. FINA MART /OASIS Council acknowledged a memo from Assistant Batchelder regarding continued discussion on the request from Fina Mart for a change in its sign face. Mr. Chuck Phillips, from Oasis Markets, and Mr. Jim Nelson, contractor for the Fina remodeling, were present for the discussion. Mr. Phillips stated that Twin City Stores is an operating company that purchased 45 FINA stores last year - and operates them under the name of Oasis Markets. Mayor Mertensotto informed Mr. Phillips that Council is concerned j that there is a Tom Thumb convenience market within 100 feet of the Fina station. He stated that Tom Thumb wanted to install gas Page No. 4509 August 1, 1995 pumps in the past but Council said no because there was a gas station next door. When Fina asked to expand into a convenience store, Council told them that it did not want a market to compete with Tom Thumb. He informed Mr. Phillips that Council wants to know what the Fina/Oasis plans are. Mr. Phillips responded that Oasis is not Fina or Fina Mart but is independently owned and operated and contracts to sell Fina gasoline. He explained that Oasis is trying to differentiate itself from Tom Thumb, Holiday and other convenience markets and stores. Mayor Mertensotto informed Mr. Phillips that Mendota Heights would not allow outside storage. He also asked what is proposed to be done to the facility. Mr. Phillips stated that Oasis operates with the understanding that it does not put items outside, and further stated that Oasis will abide by the city's regulations. He informed Council that he wants to "re- graphic" the exterior of the building with the Oasis colors and design. He explained that the Oasis Market will operate within the existing 30 by 60 foot facility and is not asking for any exceptions to what it currently does. He stated that it will continue to be a gas station that sells convenience market items. Mr. Nelson informed Council that the existing color strip on the facility that now says Fina and uses the Fina colors will be changed to say Oasis in white lettering on a blue band with a yellow sunburst. The existing Fina sign will say Oasis Market, and one -third of it; will say Fina. He stated that the canopy will remain the Fina trademark red and blue stripe. He explained that all of the Oasis Markets are affiliated with Fina, although there is not a life -long contract with Fina and at some time a decision may be made to sell a different brand of gas. Councilmember Huber moved to approve the issuance of a sign permit for Oasis /Fina in accordance with the plan submitted to the city, with the condition that there be no outside inventory or equipment storage or expansion of the market. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 SUNFISH LAKE OUTLET Council acknowledged a memo from Engineer Mogan regarding the proposed joint powers agreement for the Sunfish Lake gravity outlet. Page No. 4510 August 1, 1995 Sunfish Lake City Engineer John Gorder was present for the discussion. Mr. Gorder informed Council that the WMO plan identifies allowing an outlet from Sunfish Lake to control the lake level so as not to endanger property on the west side of the lake. He stated that the agreement relates to operating conditions, indemnification of Mendota Heights from claims by property owners around the lake, and also if Mendota Heights exceeds its capacity it has the power the close the valve to not allow any water into Mendota Heights. He felt that the conditions of the proposed joint agreement are favorable to both communities. Mayor Mertensotto stated that Council wants to be cooperative so long as it does not cost the city anything. Councilmember Krebsbach stated that she wants to be very clear that there would be no damages if Mendota Heights ponds are at capacity and Mendota Heights wants to close the valve, which may cause a problem for Sunfish Lake property owners. Mr. Gorder responded that there is indemnification in the agreement. Councilmember Smith was concerned over section 6. 1, stating that j the section apparently means that if Mendota Heights reaches capacity it has to accommodate Sunfish Lake as well. Mr. Gorder responded that the language means that if Mendota Heights reaches capacity it does not have to accommodate Sunfish Lake. Attorney Hart stated that the key is whether Mendota Heights is required to do something further to increase its capacity if the existing design capacity is exceeded.. Public Works Director Danielson stated that this is not a WMO project and he thinks the comments are very appropriate. He explained that Sunfish is within the Lower Mississippi WMO and the WMO has given its blessing to the project. He stated that should the Mendota Heights system for some reason have to be expanded downstream because the Sunfish Lake water is contributed to the system, Sunfish would have to contribute to the improvement. He informed Council that there is a valve on the outlet and Sunfish Lake wants to keep it closed, only opening it when there is a need. Mr. Gorder informed Council that the project plan is in conformance 1 with the WMO plan and its engineers have reviewed and approved the plan. Page No. 4511 August 1, 1995 Mayor Mertensotto pointed out that Mendota Heights will not benefit from the project but certainly the city wants to cooperate. Councilmember Smith stated that under section 3.1 costs and expenses for tasks performed under 3.1 shall be reimbursed by Sunfish Lake payments to Mendota Heights. She felt that the Mendota Heights costs go beyond those tasks, including deprecation, administration and other costs, and she wanted to be sure that all costs are covered. She stated that the standard hourly costs should include the other city costs for permits and out of city equipment use. Public Works Director Danielson responded that those costs are covered under the agreement. Mayor Mertensotto did not feel Council will be ready to approve the agreement until it is reviewed by legal counsel, but can approve the plans and specifications so that the project will not be held up. Councilmember Smith asked if water will all come in a rush into the Mendota Heights system. Public Works Director Danielson } responded that the valve can be incrementally opened and Sunfish Lake is asking Mendota Heights to operate the valve. Councilmember Huber moved to approve the Sunfish Lake gravity overflow system which entails construction and utilization of part of the city's drainage system and reserve action on the joint powers agreement pending review and recommendation by the City Attorney. Ayes: 4 Councilmember Krebsbach seconded the motion. Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:40 o'clock P.M. ATTEST: i� Charles E. Mertensotto athleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL �ixm-lw-4 Concrete/Masonry Contractor License Broin Brick, Inc. DayCo Concrete Company, Inc. Petron Masonry Excavating Contractor License DLR Excavating, Inc. S.R. Stevens Excavating, Inc. Gas Piping Contractor'License Bruce Nelson Plumbing & Heating Service RVAC Contractor License Albers Sheetmetal & Ventilation General Contractors License Fine Line Design Hansen Bros. Fence & Construction