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1984-06-19 Council minutesPage No. 2044 June 19, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 19, 1984 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, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Hartmann, Mertensotto and Witt. ADOPTION OF AGENDA Mayor Lockwood moved the adoption of the amended agenda for the meeting. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the minutes of the May 15th meeting with correction. Counclwoman Witt seconded the motion. Councilwoman Witt moved approval of the minutes of the June 5th meeting. Councilwoman Blesener seconded the motion. Ayes: 4 Abstain: 1 Lockwood Nays: 0 Mayor Lockwood moved approval of the minutes of the June llth Board of Review meeting subject to inclusion in the minutes of the list of who met with the County Assessors with regard to complaints on valuations. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilwoman Witt moved approval of the consent calendar as submitted and recommended for approval as part of the meeting agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the Fire Department monthly report for May. b. Acknowledgement of the Treasurer's monthly report for May. c. Approval of the list of claims dated June 19, 1984 and totalling $127,561.63. Page No. 2045 June 19, 1984 d. Acknowledgement of a memo from the City Administrator regarding the firemen's pension issue. e. Acknowledgement of a letter from Attorney Dave Pearson regarding the Brooks lawsuit. f. Approval of the list of licenses, granting licenses to: Benke Electrical Contracting Doree Construction Thomas Gehrz Genz-Ryan Plumbing and Heating Company Hinding Company Hinding Company The Morin Company Prestige Pool & Patio Radford Custom Builders Vickerman Construction Co. Earl Weikle & Sons, Inc. Heating & Air Conditioning License General Contractor License General Contractor License Heating & Air Conditioning License Heating & Air Conditioning License Gas Piping License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 PERSONNEL HEARING Mayor Lockwood opened the meeting for the purpose of a public hearing to consider the removal of the Fire Chief from office. Mayor Lockwood stated that the Council called for the hearing on June 5th, but that events leading up to hearing establishment go back into last fall when a personality conflict occurred in the department. He stated that no member of the Council questions the Chief's knowledge of firefighting nor his abilities as a firefighter but that there is a problem of communications and a lack of responsiveness to the Council. Mayor Lockwood asked for questions and comments from the audience. Chief Noack responded to a resolution to be considered by the Council relative to his removal from office. He stated that a conflict arose between Assistant Chief Lange and himself at a fire scene in Lilydale on November 20th and that on return to the fire station Mr. Lange turned in his gear. He stated that he did not consider the problem to be major and that until November 22nd felt that the problem could be resolved. On that date Mr. Lange submitted a memo requesting a leave of absence until the conflict could be resolved. Chief Noack stated that he still had no major concern over the incident and that he was contacted by the City Administrator about the Page No. 2046 June 19, 1984 problem after a time. He stated that he though: the problem was minor until January 18th and could have been easily resolved through mechanics in place in the fire department. Chief Noack stated that at the meetings between himself and the City staff more problems arose. The problem was not coming back to the department but was being handled by the City staff. In early January he made a decision that he would not take Gene Lange back as Assistant Chief for two reasons: morale of the department and operations. He stated that as the meetings progressed Administrator Frazell and former Administrator Johnson had major concerns over the fire station, outside agencies, the police department, deterioration of the fire department and Chief Noack's inability to change, his age and the potential that he might soon retire. Chief Noack stated that Administrator Frazell had a plan to resolve the problems, which plan was to select a new future fire chief. He stated that he was asked to review the plan, that he had reviewed the plan and discussed it with Mr. Frazell, and that at the time he though:he could agree with the plan that he be removed and that a new chief and assistant be appointed. He stated that the Administrator was present at the January 17 general meeting of the department and presented the plan but did not present the full plan. Chief Noack stated that it was good that the Administrator appeared at the meeting because of minor problems the department was having: lowpabiorityof the Fire Department by the City -- five days with an engine with bad batteries, a concern over the large amount of snow in front of the station, squrt repairs and in regard to fire station construction, the size of the apparatus bays. Chief Noack reviewed department activities during January, February and March. He stated that April was a very difficult month -- the month chosen for selection of a new chief and assistant. He said that the Administrator informed him in the first part of April that the Council had chosen the officers and suggested that his (Chief Noack's) resignation should be forthcoming. He acknowledged that the plan called for his submission of his resignation letter on May 1st but that events which occurred during April caused his lack of response. The Administrator reminded him of the need for a letter at a later date but he felt that if there was any trouble the Council should call him. Chief Noack stated that he asked the Administrator if he should come to a Council meeting to get direction and that he appeared before the Council in April and assured the Council that his resignation would be forthcoming. He stated that after the meeting and for the following ten days events were taking place and pressures were applied which were hard for him to keep up with. He said that two major incidents occurred: pre—release of press information on his resignation and removal of the tanker from Page No. 2047 June 19, 1984 the fire station without notice to the dispatcher. He stated he made a decision not to respond to the resignation request because of the problems. Firefighter Marc Connolly read a petition signed by 24 members of the Fire Department opposing the removal of Chief Noack from office. Firefighter John Lapakko read, and submitted to the Council, a letter in opposition to the removal of the Chief from office. Mrs. Tobey Lapakko stated that one thing that needs to be said is that the residents feel the City has a very fine Fire Department which functions efficiently. She said that State Law Chapter 14 establishes rules for such a public hearing and that none of the requirements of the law have been met, that there has been no legal publication and only press information in the Sun newspaper. She stated that her only information on the issue has been the Mayor's comments this evening: that there is a lack of communication and a lack of responsiveness. She felt that everything was done prematurely, that when the City didn't get the requested resignation it started on another track. She said that,no onehas indicated incompetence and felt that there is no reason for discharging the chief. Firefighter Ken Noack stated that several members of the Fire Department are present in the audience to voice their support for the chief and dispute the reasons for removal. He said that he finds the primary reason being an incident between the chief and former Assistant Chief Lange and that the chief didn't act improperly. He stated that Mr. Lange turned in his gear and those members who witnessed the incident considered it a resignation. He said that according to the proposed removal resolution the department is being eroded and asked how the Council would know since he hasn't seen any Council members at any fire scenes or drills. He said that the only erosion is between the department and the Council. He stated that the department must work together and make snap decisions that could cause lives to be lost, that the department has never been better trained or had better mutual aid relation- ships. He said that none of the department has had a full story on the issue and now that they know, they support the chief. Mr. David Noack, son of Chief Noack, stated that he had met with Administrator Frazell to discuss the issue and that it was his intention at that meeting was to discuss several questions he had as to why the chief was being asked to resign. He stated that he sees two main points: leadership and communication. With regard to communication, he felt that the chief's communication with the Council might be a problem Page 2048 June 19, 1984 but that communications with the department members and other fire departments is better than it has ever been. With regard to leadership, he noted that the Chief leads by example and that the Fire Department has been his commitment for thirty years. He felt that the department has been unified under Chief Noack's leadership and that if the Council really wants to work together with the chief that he would be willing to do so. He stated that if the City is really concerned about the department there is no one better qualified to serve in the chief's capacity. Mr. Don Schoells, Chief Noack's son-in-law, stated that he has known Chief Noack as fireman, captain and chief and knows that he does a good job. He stated that it is obvious that the department supports him and that it appears that the City is in a bad position in that it appointed a new chief and assistant chief before receiving a written resignation. He said that two wrongs don't make a right and asked that the Council not lose the best man it has because of a decision made earlier. He observed that communication appears to be the problem and that the chief got tired of the pressure for his resignation. Mr. Tom Alcorn, an Inver Grove Heights resident and member of its volunteer fire department, informed the Council that he had given the Mendota Heights department a forty-hour first responder training program and is familiar with the department. He stated that he had not planned to make any statements but felt he should address the tanker sale issue because the sale of the tanker affects his community. He stated that the mutual aid documents indicate that Mendota Heights has two tankers and that eighteen other fire departments depend on Mendota Heights manpower and equipment. Administrator Frazell, responding to a request from a member of the audience, reviewed his history with the City as it relates to the removal issue. He stated that he began his employment with the City on October 31st and that one of his first assignments was to assess the strengths and weaknesses of the Fire Department. His first meeting regarding fire department matters was on discussion of plans and specifications for the new fire station. He stated that part of the discussion was the level of confidence in department recommendations. He stated that it was evident that there were problems and he was willing to work with the chief. In November the City received a letter from Assistant Chief Lange and in response spent one and one-half months with Administrator Johnson, Chief Noack and Mr. Lange trying to resolve the problems. He stated that when it became apparent that the problems could not be resolved, Chief Noack suggested that the solution would be to fire him. Administrator Frazell stated that that was not the objective of the discussion. He Page No. 2049 June 19, 1984 stated that he discussed the matter with the Council and talked to Chief Noack and the general feeling was that because of the situation and the lack of communication and the need for recruitment of an assistant chief that the City should also look at recruitment of a new chief since Chief Noack would be near to retirement soon. Chief Noack agreed that this was a good idea, Mr. Frazell stated. He further stated that he felt the problem should be dealt with confidentially between Chief Noack and himself and that he was surprised at the rumors which soon began. He pointed out that Chief Noack agreed with the process and that department members sat on the appointment review panel. He noted that he was concerned that he had not received a written resignation prior to appointments. Administrator Frazell stated that Chief Noack took the position that he would not do anything until he was sure the new chief and assistant appointees were members of the department, and that Chief Noack assured him that the resignation would be submitted. It was not until May 1st that Chief Noack indicated he would not submit the letter. He stated that the Council determined that they should meet with the chief and did so in late May, but there was no result and no further communication. Administrator Frazell stated that there must be a close relationship between the department heads, the City Administrator and the City Council. He pointed out that the City Council are the elected representa- tives of the community and have a right to expect that their policies will be carried out, that department heads and the administrator must have the confidence of the Council that their directives will be carried out and that they will get good recommendations. He stated that the analysis was that the situation that had occurred created a crisis in confidence that could occur again. Mr. David Noack stated that as far as the resolution is concerned, the chief stated has stated that regardless of when the resignation would come, the plan would only go into effect September 30th and until that time as chief he is responsible for the operations of the department. He stated that the chief felt that he could not submit the resignation until then. Mr. Lapakko stated that the department has agreed that they would not come to the meeting and lobby for the fire station, and that if the Council needed more information they should have called the members of the department. He stated that he didn't know about a crisis in confidence, that it was just because the fire chief and administrator can't get along. He said that completing the interviews for a chief and assistant doesn't mean they must be appointed. Mayor Lockwood stated that Chief Noack has acknowledged that he met with the Council on April 17th and that at ;that point Ayes: 5 Nays: 0 Page No. 2050 June 19, 1984 it was the Council's understanding that Chief Noack still planned on submitting a letter of resignation. He pointed out that the Council has acted in good faith. Councilman Hartmann pointed out that the comments made by the Inver Grove Heights fireman were not correct, that the City has never had any intention of having more than one tanker, that the City currently owns one tanker, and that the one disposed of this spring was considered dangerous to operate. There being no further questions or comments from the audience, Councilwoman Witt moved that the hearing be closed at 9:18 P.M. Councilman Hartmann seconded the motion. Mayor Lockwood stated that he would prefer not to discharge the chief but that the issue must be clearly understood by all parties and that the problem of prematurely having two people tentatively appointed as chief and assistant chief exists. He stated that if the department is as cohesive as they indicate, he would like to have a recommendation from them as to how to resolve the problem of the appointments which were made in good faith. Councilman Mertensotto stated that he is vitally concerned by the fact that the petition contained such a large number of signatures from the department. He wondered where all the support was prior to this evening. He noted that when the Council, met with Chief Noack he had made the statement to the Chief that it appears as though the men did not support him. In response to the Inver Grove Heights fireman, Councilman Mertensotto also pointed out that the Council had received a recommendation from the department that the tanker which was disposed of was unsafe. In response, Chief Noack stated that he thinks that the safety of the unit is a debatable issue and questioned whether the people involved in making the recommendation were competent to do so. Councilwoman Blesener suggested that a meeting with the entire Fire Department should be conducted to discuss the issue. She stated that the crux of the issue is the communication and credibility problems between the fire chief and City Council, that there has never been any question on the chief's capabilities as a fire fighter, but that the current problems arose because of his failure to meet his commitment. It was the concensus of the Council that a meeting between the City Council and the entire fire department should be conducted at City Hall at 9:00 P.M. on June 20th, following the general meeting of the department which is, scheduled earlier in the evening on June 20th. Page 2051 June 19, 1984 RECESS Mayor Lockwood called for a recess at 9:51 P.M. The meeting was reconvened at 10:00 P.M. AIRCRAFT NOISE Mr. Bernard Friel was present to discuss the issues of air traffic and aircraft noise over the Friendly Hills area. Ayes: 5 Nays: 0 TASK FORCE Mr. Friel stated that there has been an increasing amount of noise in the southern part of the City and that he has always been of the assumption that there was in effect on the two runways which affect Mendota Heights a shifting of take-offs that spreads air traffic so that no residential area would bear undue burden. He noted that he has been in error and that he has discovered the reason that no spreading of take- off patterns occurs. He stated that the only headings given to pilots using runways 11L and 11R are 90 and 105 degrees. The 90 degree heading occurs when traffic is taking off on both runways simultaneously, that if such heading were maintained when the aircraft got two miles from the runway end the southern area of Mendota Heights would be avoided, but that the heading is being taken on the west side of the river. He informed the Council that he had recently met with the F.A.A. assistant control director who advised him that a small residential area in Eagan, the Timberline Addition, was designated at some past time as a no fly-over zone. He stated that as a consequence, all of the aircraft using runways 11L and 11R are directed on a heading of 105 degrees off of runway 11R and a fifteen degree separation is maintained on runway 11L during simultaneous take-offs. As a consequence, Mendota Heights is receiving a disproportionate number of flyovers than any other areas affected by airport operations. Mr. Friel asked that the Council instruct its Metropolitan Airport Sound Abatement Council representative to take what- ever action necessary to see to it that the disproportionate number of fly-overs comes to a halt. He also requested that the Mayor and City Council members attend the June 26th MASAC meeting to support a change in air traffic patterns which will provide more equity. Mr. Friel then distributed copies of a resolution which had been adopted by the Friendly Hills Civic Association on the issue. Councilman Mertensotto moved to direct staff to prepare a protest resolution for Council consideration on June 20th with subsequent distribution to the Metropolitan Airports Commission and Metropolitan Airports Sound Abatement Council. Councilman Hartmann seconded the motion. The Council acknowledged a memo from the City Administrator containing names of suggested candidates for appointment to REVENUE SHARING Ayes: 5 Nays: 0 Page 205.2 Jun 6 19, 1984 the downtown Mendota Heights task force. Discussion on the matter was tabled to the July 10th meeting. The Council acknowledged and discussed a memo from Treasurer Shaughnessy regarding Federal Revenue Sharing handicapped accessibility requirements. Councilman Hartmann moved that the City Administrator be appointed to receive complaints on handicapped accessibility and that staff be directed to prepare a handicapped accessibility self—evaluation and draft policy statement. Mayor Lockwood seconded the motion. COUNTRY DAY SCHOOL Mrs. Phyllis Ettinger was present to request that the Council waive the requirement for Planning Commission hearing on a conditional use permit application which would allow the use of the Victor building as a second site for the Country Day School. She informed the Council that it is hoped that the school can begin operations in September and that the hearing requirement would pose time constraints which could delay consideration by the Council until August. Councilwoman Blesener moved to establish a tentative public hearing on the Country Day School application for conditional use permit on July 10th, the hearing date to be subject to Planning Commission consideration and approval of the hearing waiver request at its June 26th meeting. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The Council acknowledged a letter from the Somerset View Pioneer Association requesting permission to conduct a block party on June 29th. Ayes: 5 Nays: 0 FIRE STATION Councilman Mertensotto moved that the Somerset View Pioneer Association be given permission to conduct the block party as requested subject to conditions placed on similar requests from the Association in past years. Councilman Hartmann seconded the motion. The Council acknowledged and discussed a memo from the Fire Marshal regarding soil conditions on the fire station site and recommending approval of a construction contract change order to provide for correction of the soil conditions. Ayes: 3 Nays: 1 Hartmann Abstain: 1 Blesener LOGIS Ayes: 5 Nays: 0 AMM Ayes: 5 Nays: 0 NOISE AGREEMENT Page 2053. June 19, 1984 After discussion, Mayor Lockwood moved to approve Change Order No. 1 for general construction of the fire station, along with authorization for execution of the document by the appropriate City officials. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 84- 34, "RESOLUTION REQUESTING AN UPGRADE OF MEMBERSHIP FROM ASSOCIATE TO FULL MEMBERSHIP," in the Local Government Information Systems Association. Councilwoman Witt seconded the motion. Mayor Lockwood moved that Councilwoman Blesener be appointed as the City's delegate to the Association of Metropolitan Municipalities and that Councilman Hartmann be appointed alternate delegate. Councilwoman Witt seconded the motion. The Council acknowledged and discussed a memo from the Public Works Director regarding a proposed agreement on freeway construction noise with the Johnson Brothers Corporation. Council directed that staff finalize the agreement details for Council consideration on July 10th and further that staff request the Pollution Control Agency to provide noise monitoring equipment to the City. STREET MAINTENANCE The Council acknowledged and briefly discussed a memo from the Public Works Director regarding a proposed street maintenance project in the Fremont/Hiawatha area of the City. Ayes: 5 Nays: 0 SEAL COATING Ayes: 5 Nays: 0 Councilman Hartmann moved that the Council conduct an informational hearing on July 17th for a discussion of the proposed bituminous street maintenance project. Councilwoman Witt seconded the motion. Councilman Mertensotto moved approval of the plans and specifications for the 1984 seal coating project along with authorization for advertisement for bids to be received on July 6th. Mayor Lockwood seconded the motion. EVERGREEN KNOLL The Council reviewed and discussed the plans and specifications for the Evergreen Knoll Addition public Page .2054 June 19, 1984 improvement project. The Council also acknowledged and discussed a memo from the Public. Works Director which advised that staff has been unable to successfully negotiate the acquisition of right-of-way for Wachtler Avenue from Mr. Albert Hanson and which recommended that the City proceed with condemnation of the right-of-way. Councilman Mertensotto moved the adoption of Resolution No. 84-35, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE EVERGREEN KNOLL AND ADJACENT AREAS (IMPROVEMENT NO. 83, PROJECT NO. 4)," bids to be received on July 17th. Councilman Hartmann seconded the motion. Ayes:3 Nays:2- Blesener Witt Councilman Hartmann moved the adoption of Resolution No. 84- 36, "A RESOLUTION DIRECTING THE ACQUISITION BY CONDEMNATION OF CERTAIN UTILITY, STREET, AND TEMPORARY CONSTRUCTION EASEMENTS IN THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA." Councilman Mertensotto seconded the motion. Ayes: r4 Nays: 1 Witt SANITARY SEWER The Council acknowledged a memo regarding the 1984 sanitary SEALING sewer sealing project, informing the Council that the sealing budget has been exceeded by $3,900 to date and recommending that an additional $4,000 be authorized for the sealing of lines north of Ridgewood Drive, Clement Avenue north of Fourth Avenue, and Lake Drive west of Swan Drive. Councilman Hartmann moved to authorize staff to proceed with the sealing of additional sanitary sewer lines as recommended by the Public Works Director for an estimated cost of $4,000. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The Council acknowledged a letter from the Mendota Heights Lions Club requesting approval of the issuance of a temporary 3.2 onsale malt beverage license to permit the sale of malt beverages in conjunction with the annual Turkey Barbecue on July 28th from noon to 7:00 P.M. Councilman Mertensotto moved to grant a temporary 3.2 on-sale malt beverage license to the Mendota Heights Lions Club for July 28th, Noon to 7:00 P.M. in conjunction with the Club's Turkey Barbecue, along with waiver of the license fee. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 SPEED LIMIT Ayes: 5 Nays: 0 MISCELLANEOUS ADJOURN Ayes: 5 Nays: 0 Page No. 2055 June 19, 1984 Councilman Mertensotto expressed his concern over the safety hazard at the intersection of T.H.110 and T.H. 149. He asked that the Council take formal action to request that the speed limit on T.H. 110 be reduced to 45 miles per hour from one-half mile west of Lexington to one-half mile east of Delaware. Councilman Mertensotto moved to direct a request to Mn/DOT to reduce the speed limit on T.H. 110 to 45 miles per hour as it traverses the City of Mendota Heights, both east and west bound lanes, one-half mile west of Lexington Avenue to one- half mile east of Delaware Avenue. Councilman Hartmann seconded the motion. Councilwoman Witt informed the Council of complaints she has received relative to the storage of vehicles and recreational vehicles at 680 South Freeway .Road. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned to 9:00 P.M. on Wednesday, June 20th for the purpose of meeting with the fire department membership along with discussion on any other business requiring Council consideration. Councilman Mertensotto seconded the motion. TIME OF ADJOURNMENT: 11:32 O'Clock P.M. Thie— athleen M. Swanson City Clerk ATTEST: Po -hid" 2 cAeu-epri--- Robert G. Lockwood Mayor