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2011-09-20 City Council minutesMendota Heights City Council September 20, 2011 Page 1 - CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 20, 2011 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. Mayor Krebsbach presented the agenda for adoption. Interim City Administrator John Mazzitello explained that Consent Agenda Item 6a needs to be removed from the consent agenda for revisions and will be brought back at the October 4, 2011 meeting. Councilmember Duggan moved adoption of the revised agenda. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved approval of the minutes of the August 30, 2011 work session meeting. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan called for a correction, noted by staff, on page five of the August 30, 2011 special meeting minutes. Councilmember Petschel moved to approve the minutes as revised. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan inquired whether under Item 10a of the September 6, 2011 regular meeting minutes the findings included in the resolution should also be included in the minutes since it does have a two -foot variance. City Attorney Tami Diehm replied that as long as the findings are in the resolution Mendota Heights City Council September 20, 2011 Page 2 that would be sufficient. Councilmember Duggan called for a correction, noted by staff, on page three of the minutes. Councilmember Petschel moved to approve the September 6, 2011 regular meeting minutes as revised. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items f) Adoption of "RESOLUTION ACCEPTING GIFTS FOR MENDOTA HEIGHTS SAFETY CAMP FROM PATTERSON COMPANIES" and h) Adoption of "RESOLUTION PROVIDING FOR THE SALE OF $2,975,000 G. 0. IMPROVEMENT AND REFUNDING BONDS, SERIES 2011X" b. Acknowledgement of the September 14, 2011 Airport Relations Commission Meeting Minutes Councilmember Duggan congratulated Sally Lorberbaum for being elected vice -chair of ARC c. Acknowledgement of the August 2011 Treasurer's Report d. Acknowledgement of the July 2011 Fire Department Report Councilmember Duggan noted that it was good to see Mike Coonan, one of the volunteer fire fighters who has had a heart attack, present at the 9/11 recognition event e. Acknowledgement of the August 2011 Par 3 Report f. Adoption of "RESOLUTION ACCEPTING GIFTS FOR MENDOTA HEIGHTS SAFETY CAMP FROM PATTERSON COMPANIES" g. Authorization to issue a purchase order for street striping h. Adoption of "RESOLUTION PROVIDING FOR THE SALE OF $2,975,000 G.O. IMPROVEMENT AND REFUNDING BONDS, SERIES 2011X" i. Authorization to hire seasonal skating rink staff j. Approve the Contractors List k. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 "RESOLUTION ACCEPTING GIFTS FOR MENDOTA HEIGHTS SAFETY CAMP FROM PATTERSON COMPANIES" Councilmember Povolny expressed his appreciation to Patterson Companies for purchasing the Safety Camp Shirts for participants and volunteers. Mayor Krebsbach also expressed gratitude for the fire department which volunteers at Safety Camp. Councilmember Duggan moved to approve "RESOLUTION ACCEPTING GIFTS FOR MENDOTA HEIGHTS SAFETY CAMP FROM PATTERSON COMPANIES" Councilmember Petschel seconded the motion. Ayes: 5 Nays:0 Mendota Heights City Council September 20, 2011 Page 3 "RESOLUTION PROVIDING •' THE SALE OF $2,975,000 G. • . IMPROVEMENT AND REFUNDING BONDS, I 1 Finance Director Kristen Schabacker explained that staff is seeking authorization for the sale of $2,975,000 general obligation improvement and refunding bonds. There are two parts: bonds being issued for the current street projects (Wagon Wheel and Knollwood); and three previous issues that are eligible to be called and refunded to realize an interest savings. Mayor Krebsbach inquired on the amount of savings we could expect. Ms. Schabacker replied that the savings would be approximately $115,000. Councilmember Duggan moved to approve Adoption of "RESOLUTION PROVIDING FOR THE SALE OF $2,975,000 G.O. IMPROVEMENT AND REFUNDING BONDS, SERIES 2011A" Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. George Carter of 601 Huber Drive commented on the deer over - population in his neighborhood. Mr. Carter's property adjoins a portion of the Dodge Nature Preserve. He has lived there since 1987. Within the last couple of years he has seen a marked change in the number of deer observed in his yard feasting on his shrubs and trees. He shared before and after photographs of the damage to his yard. Mr. Carter is proposing a deer hunt to thin out the herds in the nature preserve. This is something that is routinely done in other areas of Dakota County. On the advice of the Chief of Police he has approached the Dodge Nature Preserve personnel to gain approval or thoughts on this proposal and was met with resistance. There are some board members who are understanding of the situation and would approve but there are others who feel that a hunt is not a good idea in a nature preserve. The topic is presently at a standstill. Mr. Carter would like to engage the City of Mendota Heights to make this an official request or inquiry to Dodge Nature Preserve to make a decision. Mayor Krebsbach asked Chief of Police Michael Aschenbrener to comment on deer control in the city. Chief Aschenbrener stated he met with the Metro Bowhunters Resource Base (MBRB) this afternoon. Some things have changed about the way they do business. Unfortunately it would probably be too late for these changes to impact Mr. Carter's neighborhood this winter, but it was a very interesting conversation with the president of the resource base. Chief Aschenbrener then gave a brief update on the resource management plan and commented that he would be bringing a report back to the council for review on what the resource base is suggesting. It is possible to work with Dodge Nature Preserve because efforts to keep the deer population down within the nature preserve have been carried out in the past. Mayor Krebsbach inquired whether Chief Aschenbrener knew what the current numbers are for the deer population. Chief Aschenbrener responded he was unaware of the most recent count. Mendota Heights City Council September 20, 2011 Page 4 Councilmember Duggan inquired whether the MBRB are so engaged that they do not have another opportunity or are there limits by other state controlling agencies that would prevent a hunt or a hunt in a particular place within the city. Chief Aschenbrener replied that the MBRB has a very set protocol for how they allow hunting to occur under their guidance, which includes registering, training, verifying the training, and testing all of the hunters that go in; verifying with each landowner that they are working with. They are currently working with 22 different communities around the metro area to try and keep the deer population under control. It is a very controlled environment. Councilmember Petschel commented that her property also abuts the Dodge Nature Preserve and that she has lived there for 24 years. She is accustomed to seeing deer; but there is a difference between seeing deer and seeing herds of deer, which is what she is seeing now. She also understands the cumbersome hierarchy involved when trying to work with the nature preserve and asked Chief Aschenbrener if this is something he can assist with. Chief Aschenbrener replied that he would provide the council with information and then the council could provide him with further direction. Councilmember Vitelh asked Mr. Carter how extensive the damage was to his yard and inquired whether his neighbors were having similar issues. He also mentioned that it would be helpful if he could get other neighbors to share photographs with the council or with the nature center. Mr. Carter answered that he could only speak for himself. Councilmember Petschel stated that she could attest to the fact that there has been thousands of dollars worth of damage. Councilmember Duggan mentioned that the planning commission has a wonderful young man by the name of Litton Field who lives in Mendota Heights and is on the Dodge Nature Center board. Councilmember Duggan suggested Mr. Carter contact him and see if he could also put the word in their ear to assist with the cause. Mr. Carter stated that he has been in contact with Jason Sanders who is at the Dodge Nature Center. He stated Sanders has not said no, although his latest response via e -mail was that it keeps getting put on the back burner. PRESENTATIONS A) UPCOMING EVENTS AT HISTORIC PILOT KNOB Assistant to the City Administrator Jake Sedlacek stated he was excited to announce that Historic Pilot Knob has been selected for a unique grant opportunity. The National Trust for Historic Preservation, in partnership with American Express, is offering $1 million in the Twin Cities region to preserve historic places. There were approximately 300 interested sites that got narrowed down to 100 sites which had the opportunity to apply. Of those 100, Mendota Heights Pilot Knob is one of 25 sites across the Twin Cities region competing for these dollars. There are two points to this process: 1. Social media push on the program that will go to popular vote 2. Regular grant cycle Mendota Heights City Council September 20, 2011 Page 5 Even if Mendota Heights is not selected as the most popular site in the Twin Cities for Historic Preservation, all of the other sites are eligible and will be reviewed by an advisory committee just as a regular grant- making process along their priority lines. Funding is being sought to remove utility poles from the site and to target restoration efforts. This is the sixth year of the Partners in Preservation Program. Each year they have gone through and selected a region of the country; this year they chose the Twin Cities. In order to vote a person must have a Facebook account. This is an opportunity for them to get the word out about preservation and get more `likes' on their own page. It also ensures that the voting process is clean as they can only vote once a day. Residents are being encouraged to log on every day and vote for Mendota Heights and to encourage friends to vote. There will be an open house at Pilot Knob to celebrate this grant program on Sunday, October 9 from 2:00 p.m. to 5:00 p.m. with displays of the preservation efforts to date, guided tours, and family activities. There will also be a computer available so visitors can vote on Facebook. Mr. Sedlacek noted that almost every other historic site selected for this program is indoors so the Mendota Height's celebration is a bit subject to weather. Mr. Sedlacek explained and gave a brief presentation of how one could vote for the Pilot Knob site. The Partners in Preservation Program has their own website with a link to Facebook, or go directly to their Facebook page at http:// www. facebook .com/PartnersinPreservation. This program will run and you may continue to vote until October 12, 2011. While the number one vote getter receives the full grant amount they have asked for with a maximum of $125,000. That means $875,000 will be left over for the remaining 24 entries to compete for. Councilmember Duggan suggested a letter be sent from the council encouraging the local schools and college students to vote. Mayor Krebsbach agreed that plans should be made in terms of getting the word out, certainly to the schools. It will be available on the city's web page, Facebook page, and Patch.com. UNFINISHED AND NEW BUSINESS A) INTERSTATE VALLEY CREEK TRAIL DESIGNATION Public Works Director John Mazzitello explained that at the August 16, 2011 council meeting this item was introduced. In 1990 the city constructed Interstate Valley Creek Trail, which runs from Dodd Road to State Highway 149, west over to the Interstate 35E right -of -way, and then turns north and goes up to Lilydale Road. In 1990 the permission to have this trail cross the two private parcels was done by a license agreement. Given that one of the license agreements has expired by a title transfer, it is necessary to ensure the right of public access of this trail across these properties. At the August meeting the option of renewing license agreements with the two owners was discussed and also discussed the future potential to relocate the trail. Staff has been in discussion for the past month with the two property owners and has worked out a license agreement. The document has been e- mailed to Mr. Paul Steenberg and the one issue that remained opened prior to tonight's agenda packet being published; the issue of indemnification has been rectified. Mendota Heights City Council September 20, 2011 Page 6 City Attorney Tami Diehm explained that the version in the council packet was submitted to both Mr. Steenberg and the city's insurance carrier so that they could take a look at the language and provide any comments. The one change that has been made involved revision to paragraph four, which is the indemnification language, by taking one of the sentences from paragraph six in the packet and moving it back up to paragraph four, where it was in a previous version. The city's insurance carrier is comfortable with this language. Mayor Krebsbach asked if anything had been deleted from paragraph four. Counsel Diehm replied that nothing had been deleted but that there was one additional small change, which was recommended by the Mayor. Mr. John Steenberg, 440 Betty Lane, West St. Paul, commented that he is 25 percent owner of the property at 804 Ridge Place. When looking at the agreement, the description of the property matches the description of the property owned by the Knowlton's. Mr. Mazzitello replied that the legal description is identical for both properties and is identified as "that part of lot 6 and that part of lot 7." Mr. Steenberg stated that he is comfortable with everything in the agreement but did have a question for Mr. Mazzitello. He would like to know what the indemnification limit is. Counsel Diehm replied that the general tort liability limit right now is $0.5 million per individual, $1.5 million per occurrence. Mr. Steenberg then stated his reasons and then asked for a minimum coverage of $2 million liability insurance. Mayor Krebsbach answered that Mendota Heights is with the Minnesota League of Cities and that is what the indemnification is in terms of their coverage. However, if the property owner wishes to have added protection they can at their own expense. Mr. Steenberg stated that he could establish a price for the license of $215 per year, to cover the price of the $2 million umbrella insurance policy for his father on the property. Mayor Krebsbach replied that the city does not have any precedence for that. Counsel Diehm concurred that she cannot think of another time in which the city has offered to pay the cost of insurance for a private property owner. Mayor Krebsbach stated that what the city is presenting is fair and reasonable. It is what the League of Minnesota Cities has worked with in cities all across the state. She has never found them to be unwilling to be fair and since they have established this indemnification, then they must assume that this is a good amount. Mr. Steenberg commented that he would hate to see his father lose a sizeable part of his estate in a lawsuit that is a result of the trail on his property. Mayor Krebsbach replied that the city is indemnifying that section, which is the trail as stated in the license and the 15 -foot width as identified. Comments of appreciation were made to Mr. Steenberg for the rendering of the future trail relocation and for being willing to work with the city on this license agreement. Councilmember Vitelli asked if Mr. Steenberg's position then is that this license agreement is not acceptable. Mr. Steenberg replied that it is not acceptable. He also said that the agreement is probably not perfect to the city either as they would like to be on the property forever. His ultimate goal is that maybe six years down the road or whenever the trail deteriorates to the point that it needs to be replaced, that it be relocated onto public property and not expanded in its current position. Mendota Heights City Council September 20, 2011 Page 7 Councilmember Vitelli asked, if the council votes and approves the license, how the document would be executed. Mr. Mazzitello replied that all parties would sign the document and it would be notarized. It would then be recorded in the city file although not with the county as it is specific to the property owners and does not ride with the property. Once all parties have signed and notarized it would go into effect. Councilmember Vitelli asked if Mr. Steenberg is willing to sign the documents if the city approves it this evening. He replied that yes, they would sign the documents. Councilmember Vitelli moved approval of the license agreement between the property owners and the City of Mendota Heights. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 B) "RESOLUTION RELEASING CITY HELD LETTER OF CREDIT FOR LANDSCAPING TO MENDOTA MALL ASSOCIATES, LLP" Mayor Krebsbach asked for clarification on what is identified as Phase I Landscaping. Public Works Director John Mazzitello explained that this is a Letter of Credit that was provided to the city by the Mendota Mall Associates, LLP prior to commencing construction on the Mendota Plaza and the new construction of the Walgreens. As terms of the Developer's Agreement, prior to construction commencing and prior to issuance of building permit, the developer had to supply a Letter of Credit to the city equal to 150% of the value of the landscaping to be installed for that building permit. In March of 2010 the city received the Letter of Credit from the developer with the exhibit from the Developer's Agreement labeled Exhibit D. Exhibit D included the landscaping for lots 1, 2, 3, and 4 of Mendota Plaza expansion. However, the building permit they applied for consisted of only lots 1 and 2. In July of this year, they had all of the landscaping installed and inspected and ordered warranty replacements for those items that did not make it through the past winter. Those warranty replacements have been completed and staff has verified that those replacements have been completed and that the landscaping for lots 1 and 2 only are in conformance with the landscape plan from the PUD agreement. Lots 3 and 4, which are identified in Exhibit D, would have a Letter of Credit issued to them at the time that lots 3 and 4 are actually developed. So the Letter of Credit that is being requested for release by Mendota Mall Associates, LLP is for lots 1 and 2 only. Mayor Krebsbach asked if there is anything to that affect in writing. Mr. Mazzitello replied that the city has their building permit. Mr. Mazzitello stated that he did add another item to the resolution and that City Clerk Sandie Thone has already handed out the substitute that was drawn up after yesterday's conversation with the mayor. Mr. Mazzitello then reviewed the addition. Mr. Ken Hank of Paster Enterprises stated that he is in agreement with the staff recommendation, and that the building permit was taken out for the renovation of the Mendota Plaza Building and for the Mendota Heights City Council September 20, 2011 Page 8 Walgreens, which are lots 1 and 2. Paster Enterprises has no problem, as future phases are developed, to l l also include that Letter of Credit as those additional lots, lots 3 through 8, are developed over the next several years. The work was completed last fall, a punch list was done at that point, a couple of things did not survive the winter, and another punch list was done this past July, materials replaced, and it was reviewed again with city staff. Councilmember Duggan requested that staff make grammatical corrections to the agreement. Councilmember Duggan moved to approve ADOPTION OF "RESOLUTION RELEASING CITY HELD LETTER OF CREDIT FOR LANDSCAPING TO MENDOTA MALL ASSOCIATES, LLP" with the inclusion of "lots 3 through 8" in the last paragraph. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS In response to an article in the Star Tribune on the budgets and levies for the cities in Dakota County, Mayor Krebsbach asked Finance Director Kristen Schabacker to clarify the difference between the levy and the budget. Ms. Schabacker explained that the 2012 budget is just shy of $10.4 million, the general fund budget is $6.4 million and the levy that was approved is $6,228,442. That is a 0.43 percent increase over last year's levy and is an increase of just under $28,000. Mayor Krebsbach stated the article says Mendota Heights' budget was $10 million and noted some of the larger cities had a budget that was not much more. She wished to be clear for the residents that our general fund is $6.4 million; the levy is $6,228,442 at 0.43 percent increase, which is just under $28,000. Councilmember Petschel acknowledged the passing of John Roszak. He was a long -time Mendota Heights resident, a founding father of the Airport Relations Commission, and a mentor to Ms. Petschel. He was an excellent attorney, a wonderful family man, and a fine human being. Sympathies were expressed to his wife Linda and to his children. Mayor Krebsbach commented that Mr. Roszak was a neighbor of hers and a great, robust friend. Councilmember Povolny commented that lately every time he leaves his driveway he has to take an inventory of where he is going because he never knows what ramp is closed or what road is closed. He asked Mr. Mazzitello if there is any place to call or look to find this information. Mr. Mazzitello replied that on the city web page, if a search is done in the engineering projects area of the website, there is a link to the MnDOT project page [http: / /www. dot. state .mn.us /roadwork/current.html]. There are daily updates on what is being worked on and on what street, what is closed and when. Councilmember Duggan stated that he received a call from someone on Juttens Pond who was concerned about the pond's appearance and condition. Councilmember Duggan told the caller that he was uncertain if it is one under consideration but that the council would be getting a report soon as to the Mendota Heights City Council September 20, 2011 Page 9 condition of the three ponds agreed upon. Mr. Mazzitello replied that the consultant that is working on the pond assessment is due to turn in their draft report to the city in the middle of October. They are looking at Copperfield Pond, Burrows Pond, and Park Place Pond. City Attorney Tami Diehm stated that the purpose of the closed session is to discuss litigation with regard to Mendota Mall Associates versus The City of Mendota Heights. Councilmember Duggan moved to adjourn to Closed Session to Discuss Litigation in re: Mendota Mall Associates, LLP v. The City of Mendota Heights. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CLOSED SESSION TO DISCUSS ONGOING LITIGATION Present at the closed session to discuss ongoing litigation between Mendota Mall Associates, LLP v. City of Mendota Heights were Mayor Krebsbach, Councilmember Duggan, Councilmember Povolny, Councilmember Petschel, Councilmember Vitelli, Attorney Tami Diehm, Attorney Bob Alsop, Interim City Administrator John Mazzitello and Assistant to the City Administrator Jake Sedlacek. I_�Cllil��l Mayor Krebsbach adjourned the meeting at 10:15 p.m. Mayor 1 Sandie Thone City Clerk