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2007-02-20 City Council minutesPursuant to due call Heights, Minnesota Heights, Minnesota. CALL TO ORDER February 20, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 20, 2007 and notice thereof, the regular meeting of the City Council, City of Mendota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Acting Mayor Krebsbach called the meeting to order at 7:30 p.m. The following members were present: Council members Duggan, Schneeman and Vitelli. Mayor Huber had informed Council that he would be late and arrived at 8:00 p.m. Council, the audience and staff recited the Pledge of Allegiance. Acting Mayor Krebsbach said that because Mayor Huber will be late, she is requesting to have Item 8 moved behind Item 9 (Public Hearing). Councilmember Duggan moved adoption of the revised agenda with further revision to move Item 8 to Item 9. Councilmember Schneeman seconded the motion. Councilmember Duggan moved to approve the minutes of the February 6, 2007 City Council meeting minutes as corrected. Councilmember Vitelli seconded the motion. Councilmember Duggan moved approval of the consent calendar for the meeting as corrected, pulling items h, j, and m, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes from the February 13, 2007 Parks and Recreation Commission Meeting. b. Acknowledgement of NDC4 Meeting Minutes and Agenda. c. Acknowledgement of the January, 2007 Monthly Fire Report. Ayes: 4 Nays: 0 ITEMS PULLED FOR DISCUSSION February 20, 2007 Page 2 d. Acknowledgement of the January, 2007 Treasurer's Report. e. Authorization for Issuance of a Purchase Order for a Riding Lawnmower. f. Adoption of Resolution No. 07-14, "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT FROM TANNER SPICER TO THE CITY OF MENDOTA HEIGHTS." Approval of 2007 Floating Holidays. Acknowledgement of Par 3 Costs. i. Authorization to use MSA Funds to Construct Two Trails. j. Adoption of Resolution No. 07-15, "A RESOLUTION COMMITTING $50,000 FOR ACQUISITION OF A PERMANENT NATURAL AREA CONSERVATION EASEMENT OVER THE 175-ACRE DODGE NATURE CENTER PROPERTY IN MENDOTA HEIGHTS." k. Authorization to Issue Temporary Liquor License to St. Peter's Church. 1 Authorization to Issue Temporary Liquor License to Beth Jacob Synagogue. m. Authorization for Mayor to sign Letter to FAA Regarding 12R Construction. n. Acknowledgement of One Riverfront Place EAW — Response to City Comments. o. Approval of the List of Contractors p. Approval of List of Claims dated February 20, 2007 and totaling $191,679.57. g. h. Councilmember Schneeman seconded the motion. Item #6.h.: Councilmember Duggan asked to have Item h (Par 3 Costs) pulled as he is concerned that there be full disclosure on all steps that the City takes in relation to the Par 3 property. Councilmember Duggan asked for clarification on actual costs of the election. City Clerk Kathleen Swanson said there are sufficient monies in the 2007 Election Department budget to cover the cost of processing the election. Councilmember Duggan said he would like to see all these costs available for public review so nothing is hidden from the residents. February 20, 2007 Page 3 Councilmember Schneeman moved to accept the Par 3 Costs memo dated February 7, 2007 as presented. Councilmember Duggan seconded the motion. Item #6.j.: Councilmember Schneeman asked to have Item j (Dodge Nature Center) pulled and said the Dodge Nature Center has been a wonderful part of this community. The Dodge family has decided to phase out their support and prepare the nature center for the future. Dakota County, through FNAP, is committing funds to acquire a permanent natural area conservation easement and is asking the City of Mendota Heights to contribute $50,000 to this acquisition. Councilmember Duggan said he is in full support of the $50,000 donation to the Dodge Nature Center Program. Referring to the bulleted item in the resolution which states "The DNC agrees to raise an additional $500,000 of dedicated matching funds by December 31, 2008," Councilmember Duggan asked what will happen should these funds not be raised. Councilmember Duggan referred to the next bullet item which states "The 155 -acre DNC property in the city of Mendota Heights will be permanently protected by natural area conservation easement held by Dakota County, and the property will be open to the public." Councilmember Duggan said the referral to the "open to the public" is his concern as there is a fair number of homes around this area, and in talking to two of the neighbors, there is concern that there is no signage stating this is a nature preserve and a game refuge. Councilmember Duggan said the City should have some say in how to protect this area from being vandalized, as the City is giving money to this project. Councilmember Duggan suggested having the park hours extended to this area as well. City Attorney Tami Diehm said it is her understanding that this item is to assist in the acquisition of a conservation easement, and some of those terms may be able to be incorporated into an easement, but generally a conservation easement just protects the land as open space. If the City wishes to have additional restrictions or items consider, they could work with the other entities to address these concerns. February 20, 2007 Page 4 Councilmember Duggan said his concern is what constitutes open space and the DNC, which is located in West St. Paul, may have a slightly different definition of open space. It may be helpful to have a meeting with DNC to say the City is supportive, but wishes to have some clarification for the benefit of the surrounding property owners how they benefit from having the nature center and also having challenges with people there at night. Acting Mayor Krebsbach said as this easement process goes forward, there will be some opportunities to meet and determine how that property will be managed. Acting Mayor Krebsbach asked what will happen to the $50,000 if there is no $500,000 match from the DNC. Mr. Danielson said he and Councilmember Duggan contacted Al Singer at Dakota County, and they are awaiting a call back from him. Councilmember Duggan referred to the memo dated February 13, 2007 to Mr. Danielson from Mr. Singer, regarding The Science Museum of Minnesota becoming a possible beneficiary of this property and suggested asking Mr. Singer if the property could instead be donated to the City of Mendota Heights. Councilmember Duggan said it would not be unreasonable for the City to suggest the deadline of December 31, 2008 should be extended to 2009. Acting Mayor Krebsbach said she would not want to move the date. Councilmember Duggan moved adoption of Resolution No. 07 -15, "A RESOLUTION COMMITTING $50,000 FOR ACQUISITION OF A PERMANENT NATURAL AREA CONSERVATION EASEMENT OVER THE 175 -ACRE DODGE NATURE CENTER PROPERTY IN MENDOTA HEIGHTS, AND A SUGGESTION THAT DODGE NATURE CENTER MEET WITH THE CITY TO DISCUSS THE CONCEPT OF OPEN SPACE AND APPROPRIATE SIGNAGE." Councilmember Schneeman seconded the motion. Item #6.m.: Councilmember Duggan asked to have Item m (Letter to FAA) pulled to discuss the closing of this runway. The FAA has indicated that this runway will be closed for repairs from mid - August to the end of October. The FAA Ayes: 4 Nays: 0 HEARING: COPPERFIELD STREET IMPROVEMENTS February 20, 2007 Page 5 has also indicated that the City of Mendota Heights will experience 730 departures a day. Councilmember Duggan said he observed three planes flying over Dodd Road and Highway 110 at the same time, noticing there were no planes sighted further south, and said sometimes a visual observation is better than looking at numbers that the FAA gives. Councilmember Duggan said he estimated from 6:00 am to 11:00 pm there will be continuous flights every 1.5 minutes. The Airport Relations Commission and Staff recommend that the City Council authorize the Mayor to sign a letter to the FAA requesting that flights departing from this runway be fanned out over the airspace. Acting Mayor Krebsbach commended Councilmember Duggan for his common sense suggestion to the FAA and Mayor Huber has drafted this letter for approval. Councilmember Schneeman moved to authorize the Mayor to sign the letter as presented. Councilmember Duggan seconded the motion. Acting Mayor Krebsbach opened the meeting for the purpose of a public hearing on proposed street improvements in the Copperfield area. Public Works Director Sue McDermott reviewed the proposed street improvements for Council and the audience. Ms. McDermott said the City Council, at their November 21, 2006 meeting, adopted Resolution 06 -109 authorizing a feasibility report for this project. Those findings were submitted to the City Council. Ms. McDermott explained the materials to be used. Ms. McDermott said a neighborhood meeting was held which was attended by 12 residents. Staff received a few concerns that this repair will not be adequate, and that the condition of some roads was worse than others, particularly Copperfield and Huber Drive. Ms. McDermott said that when streets were first put in settlement occurred due to trenches and things of that nature. February 20, 2007 Page 6 Also, the streets were put in before most of the building took place so the streets were beat up by construction equipment. Ms. McDermott said this overlay will increase the life of the streets from 10 to 20 years, with further maintenance such as seal coating in about 7 years. Ms. McDermott said she received comments that some of the residents would like to see some crosswalks designated along Huber Drive. A letter was submitted from Mr. Paul Berg with this request. Ms McDermott said Staff is very willing to accommodate these requests. Ms. McDermott said the proposed assessment rate is $602.00 per unit with a total cost of the improvements of $638,271. Acting Mayor Krebsbach asked if there were funds in the Street Reconstruction Fund for the city share of the cost or if the city share will come out of the general levy. Ms. McDermott said these funds will come out of the general levy. Acting Mayor Krebsbach asked what the cost would be for a total reconstruction. Ms. McDermott said the cost would be closer to $6,000 to $8,000 per house. Ms. McDermott said this overlay will be of better quality than what was used in the past. Councihnember Duggan said he lives in the Copperfield area and the streets there are in terrible condition. Council - member Duggan said he was pushing for a compete reconstruction of Copperfield Drive, and visited with Guy Kullander and staff, who assured Councilmember Duggan that this overlay will be adequate. Ms. McDermott said in areas that are very bad, the roadway will be and drain tile will be installed if needed. These areas have been budgeted for and there have been no specific areas identified as of yet. Acting Mayor Krebsbach asked for questions and comments from the audience. Paul Berg, 613 Huber Drive, referred to his letter and outlined which areas he would like to see the crosswalks on. Mr. Berg said he has a concern of the re- paving as it may turn Huber Drive into a speedway. Mr. Berg said he feels February 20, 2007 Page 7 that the 35 mph speed limit in that area to be high considering the number of children in the area. Mr. Berg is also working on a petition to have crosswalks installed, and handed this petition over to Ms. McDermott. Mayor Huber joined the meeting at this time. Police Chief Aschenbrener said he works closely with the Public Works Director as it falls into her responsibility, but informs her of any areas of concern about crosswalks being warranted. Councilmember Duggan asked if reducing the speed limit and street width would be beneficial. Ms. McDermott said Huber Drive is a state aid road and both the width and speed limits are dictated by the state. Money is received every year to maintain the state aid roads so the state approves how they are constructed. Ms. McDermott said the City could request a traffic study on this street, but will run the risk that state could actually increase the speed limit. Councilmember Duggan said the Glen Toro developer promised to construct a right hand turn from Delaware going south onto Huber and this may be a good time to push them to get this done in conjunction with these improvements. Councilmember Vitelli asked for a clarification of what the crosswalk would look like. Ms. McDermott said on a street such as this, there would be two bars painted across the street, in addition to adding yellow signs that warn cars that there is a crosswalk ahead. David Jankowski, 2266 Copperfield Drive, said he would be in favor of a right hand turn lane constructed from Delaware to Huber. Mark Juetten, 628 Watersedge Terrace, said this overlay is much needed and would like to make sure the quality control is better than before. Mr. Juetten asked about the assessment costs of the last project. Acting Mayor Krebsbach said there were no costs assessed for those improvements. Acting Mayor Krebsbach asked Ms. McDermott to review the materials to be used. Acting Mayor Krebsbach said Ms. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 PRESENTATION KIPP ADDITION SITE IMPROVEMENTS February 20, 2007 Page 8 McDermott does an excellent job in staying on top of these projects. Councilmember Duggan said he has the most confidence in Ms. McDermott's decisions and performance. There being no further questions or comments, Councilmember Vitelli moved to close the public hearing. Councilmember Duggan seconded the motion. Councilmember Duggan moved adoption of Resolution No. 07 -16, "A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR COOPERFIELD STREET REHABILITATION PROJECT (PROJECT NO. 200613)." Councilmember Schneeman seconded the motion Mayor Huber presented awards to the following outgoing Commissioners: • Dave Libra — Parks and Recreation Commissioner • Eric Hesse — Planning Commissioner • Sally Lorberbaum — Planning Commissioner Chair • Maureen Harms — Planning Commissioner (not in attendance at this meeting) Ms. McDermott said in 2001, Ira Kipp platted a 3.3 acre parcel of land on Wagon Wheel Trail (Kipp Addition) and entered into a developer's agreement with the City which required him to file a petition for public improvements. This petition has been filed and accepted by the City Council. Staff has prepared a feasibility report and Ms. McDermott reviewed the plat outlining where the lot was split. Ms. McDermott said the utilities can be extended from Wagon Wheel Trail and the street configuration is a one -way, 20 -ft wide street. Ms. McDermott said the cost of the project has been estimated to be about $136,000. The development agreement stipulated that the City will not be funding any portion of this, and this cost will be split amongst the five Ayes: 5 Nays: 0 PAR 3 PURCHASE AGREEMENT February 20, 2007 Page 9 properties, with each property being assessed $27,274.00 per unit. Ms. McDermott said Staff is asking for an approval of the feasibility report and for the set date for a public hearing. Councilmember Duggan expressed his concerns for emergency vehicle access to this area. Ms. McDermott said there is adequate room for fire trucks to turn around. Councilmember Krebsbach asked if everyone in the neighborhood is in agreement with this development. Ms. McDermott said she received a voicemail message from one property owner, who is currently out of town, in opposition to this development, and Ms. McDermott will try to meet with this resident before the public hearing to try to resolve any concerns. Councilmember Krebsbach asked who has requested this development. Ms. McDermott said the request has come from Mr. Kipp and another person that recently purchased one of these lots. Councilmember Krebsbach asked how it will work if the surrounding residents are split on whether they want this or not. Ms. McDermott proposed that the City hold the assessment hearing prior to awarding a contract for the improvements so that the City will know whether or not there will be appeals. Ms. McDermott said one of the lots will be assessed as one, but there is the possibility that this lot could be split. Councilmember Krebsbach moved adoption of Resolution No. 07 -17, "A RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON KIPP ADDITION SITE IMPROVEMENTS (JOB NO. 200005, IMPROVEMENT NO. 2007, PROJECT NO. 2)." Councilmember Schneeman seconded the motion City Attorney Diehm said the City has the final draft of the purchase agreement between the City and the owners of the Par 3 golf course. Ms. Diehm said the purchase agreement is set up in a way that the owners of the Par 3 golf course would be selling in part and donating in part the Par 3 property to the City with the price established at $2.6 February 20, 2007 Page 10 million. The sale is contingent upon a successful referendum that is currently scheduled to be held on April 24th. In the event that the voters of Mendota Heights do not approve of the purchase, this purchase agreement will be null and void. The City will be able to receive a refund of the earnest money that is paid. Ms. Diehm said this purchase agreement includes a provision whereby the City will make a minimum of two payments to the owners of the Par 3 golf course in the amount of $7,500 to offset the operation of the golf course property between March 1St and the time which the referendum takes place. In the event that the referendum is not successful, the City's obligations to make those payments immediately cease and there is not further monetary obligation on the part of the City. Councilmember Duggan asked to have a correction to page 7; 9.b. should read "If any of the conditions set forth in Paragraph 7 or 8 are not satisfied or waived by the date specified, or if no such date is specified, then by the closing date..." Councilmember Duggan asked for clarification on Page 9, 12.a.i. Ms. Diehm said this clause means that the Buyer shall make monthly payments to the Seller; each of those monthly payments throughout the rest of this document is referred to as a defined term "Buyer's Payment ". Councilmember Duggan referred to Item 17.a.ii. and Item 17.b.v: Why does the second item add the escrow fees. Ms. Diehm said the original form of the purchase agreement suggested that that closing fees and the escrow fees, if any, be split 50 -50 between the Seller and the Buyer. Since the purchase agreement provides that the Buyer has the opportunity to choose the Title Company that they want used for this transaction, the Seller felt that the City should choose a title company that does not charge an escrow fee. In the event the City chooses a title company that does have an escrow fee, those costs should be covered by the City. This was specifically left in so that the Seller would not think the City would sneak this charge back in as part of the closing. Councilmember Duggan referred to Item 1 8.b.8 and asked about the wells on the property. Mr. Danielson said the City has been informed by the manager that the well that serves February 20, 2007 Page 11 the clubhouse is in poor repair, and if the referendum is successful, the City will hook the clubhouse up to city water from Bachelor Avenue. Ms. Diehm said the purchase agreement contains an inspection period whereby once the agreement is signed through the date of the referendum, the City has the opportunity to inspect all the records, property documents, and learn more during that time. Councilmember Duggan suggested added language that would say "a seamless change in relation to the operations moving from the Seller to the Buyer, and the Seller would act as a consultant (gratis pro bono) through the end of this golf season ". Mayor Huber said the current manager is very willing to help the City with this, and Mr. Danielson added that this manager has been planning on assisting. Mr. Danielson said he has a good working relationship with this person. Bob Bonine stated that he opposes the referendum and has prepared a presentation to express his points. Mayor Huber said the City Council must remain neutral on the issue and cannot favor one side or the other. Those that wish to lobby must do so via the two committees that have been formed to represent each side of this referendum. Mayor Huber allowed Mr. Bonine to speak regarding his perceived cons on this referendum, which include lost revenue, adverse cost ratio, open space opportunities, substandard course. Mr. John Hartmann added items such as increased taxes and having the open space used for golfers only. Mr. Hartman said the City's website does not have accurate referendum information available. Mayor Huber asked Staff to look into this and make sure that the website gives the correct and most accurate information. Mr. Ron Reyhos, a resident of the city, said the referendum to purchase the golf course was a great idea. Sally Lorberbaum, co -chair of the Save the Par 3 Committee, said that there have been some pamphlets handed out to residents, but there was an error on them. Ms. Lorberbaum Ayes: 5 Nays: 0 LIQUOR ORDINANCE AMENDMENTS February 20, 2007 Page 12 suggested that residents should go the City's website for more accurate infoiniation. Councilmember Duggan moved to authorize the Mayor and City Clerk to execute the purchase agreement as presented on behalf of the City of Mendota Heights. Councilmember Schneeman seconded the motion Ms. Diehm asked for a friendly amendment to authorize the review of the personal property list that the Seller is putting together, (Exhibit B — Personal Property) by the City Administrator and the City Attorney. Councilmember Duggan and Councilmember Schneeman agreed to this friendly amendment. Councilmember Duggan said it was imperative that the City provides the most updated and viable information regarding this process to the residents. He said there also needs to be some further discussion regarding the language of the referendum and the use of the space and the proper identification of the "recreational space ". Councilmember Duggan said there is a need to have an operational golf course management team in place to be ready to put processes in place the day after the referendum — either to disband or go forward. Mayor Huber said he wants to make sure that the City, should the referendum pass, is able to come up with ideas for the use of this land to allow all the residents to enjoy the property — whether they golf or not. City Clerk Swanson reviewed a number of revisions that have been made to the state liquor statute that affect the City's liquor ordinance. Ms. Swanson said there some mandatory amendments as well as some discretionary ones. Ms. Swanson said Staff is requesting direction on the discretionary items to allow for a fouiial ordinance for consideration on March 6t. Mayor Huber asked the City Council members to forward their feedback to Ms. Swanson over the next few days. COUNCIL COMMENTS ADJOURN Ayes: 5 Nays: 0 February 20, 2007 Page 13 Councilmember Krebsbach said one thing the City should look at is the number of on -sale licenses available in the city. Ms. Swanson reviewed the number of licenses that have been issued and how many are available. Councilmember Schneeman said this is a good opportunity to review these ordinances and try to make them so that more restaurants are attracted to the City. Councilmember Duggan asked about any concerns on the hours of operations. Chief Aschenbrener said these changes will bring the ordinance more into compliance with statute. Councilmember Schneeman expressed condolences to the families of Maurene McCarthy and Vernon Colon. Responding to a comment from Councilmember Duggan, Councilmember Schneeman recognized that the City Council cannot mention all the deaths in the community due to time constraints, but invited the other Council members to offer these types of announcements if they wish to acknowledge any particular family. Mayor Huber thanked Councilmember Krebsbach for opening the meeting this evening and chairing the meeting until he arrived. Councilmember Krebsbach informed Council that she attended Mendota School's 50th celebration. Councilmember Duggan informed Council that he attended the celebration's fun night and talent show. There being no further business to come before Councilmember Duggan moved to adjourn the City Council meeting. Councilmember Schneeman seconded the motion. Time of Adjournment: 9:00 p.m. Rebecca Sha ATTEST: Recording Secretary Jo Mayor ie