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2007-02-06 City Council minutesFebruary 6, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 6, 2007 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councilmembers Krebsbach, Schneeman and Vitelli. Councilmember Duggan had notified staff that he would be late and arrived at 7:35 p.m. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Ayes: 4 Nays: 0 Mayor Huber noted the corrected agenda that was submitted. Councilmember Schneeman moved adoption of the revised agenda as presented. Councilmember Krebsbach seconded the motion. APPROVAL OF MINUTES Councilmember Vitelli moved to approve the minutes of the January 16, 2007 City Council meeting minutes as presented. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting as presented and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes from the January 27, 2007 Planning Commission Meeting. b. Acknowledgement of the January, 2007 Building Activity Report. c. Authorization for American Engineering Request for Additional Fees. d. Authorization for Mayor to sign Mendota School's 50th Anniversary Plaque. e. Adoption of Resolution No. 07 -06: "A RESOLUTION OF INTENT TO UTILIZE Ayes: 4 Nays: 0 PUBLIC COMMENTS Ayes: 5 Nays: 0 PUBLIC HEARING NPDES PHASE II February 6, 2007 Page 2 PRINTRAK RECORDS SYSTEM THROUGH LOGIS ". f. Adoption of Resolution No. 07 -07: "A RESOLUTION DECLARING ADEQUACY OF THE PETITION FOR PUBLIC IMPROVEMENTS AND ORDERING PREPARATION OF FEASBILITY REPORT FOR KIPP ADDITION IMPROVEMENTS ". g. Approval of the List of Contractors h. Approval of List of Claims dated January 16, 2007 and totaling $482,755.97. Adoption of Resolution No. 07 -07: "A RESOLUTIONAUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE DOCUMENTS NECESSARY TO EFFECTUATE THE SALE OF CERTAIN LAND TO NORTHERN STATES POWER COMPANY, D/B /A/XCEL ENERGY" Councilmember Krebsbach seconded the motion. Robin Ehrlich asked to have some discussion regarding preparation of a lease agreement with the Par 3 property owners. Councilmember Krebsbach moved to add Item 101 — Par 3 Lease to the agenda. Councilmember Vitelli seconded the motion. Mayor Huber announced the crowning of Cassie Gatz, a resident of Mendota Heights, as the 2007 Winter Carnival Queen of the Snows. Public Works Director Sue McDermott said the National Pollution Discharge Elimination System is a federally mandated program which was established by the EPA. This program is in place to implement and maintain pollution prevention practices for storm water discharges. Ms. McDermott said over the past year, the City has accomplished a few of their goals: • Completion of a revised stone water pollution prevention plan. These revisions will come before the MPCA at a public hearing. • Continued participation in the WMO and the Lower Mississippi River WMO. • Completed the Thompson Diversion Project. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 February 6, 2007 Page 3 Completed the City's Local Surface Water Mgmt. Plan. Working cooperatively with Dakota County Soil and Water Erosion Control. • Continually cleaning the environmental catch basins. • Implemented an email address for stout' water complaints. Ms. McDermott said in 2007 the City will be moving forward with the Somerset Rainwater Garden project, as well as developing an ordinance addressing erosion and sediment control, illicit discharge detection, and post - construction storm water runoff practices. Ms. McDermott said the City is interested in obtaining an engineering intern this summer to work on a ponding inquiry and inspection program to prioritize pond cleaning projects. Ms. McDeiitlott said the City will continue working with Dakota County on cost - sharing efforts for bank stabilization for Marie Creek. Mayor Huber opened the public hearing. Seeing no one come forward wishing to speak, Councilmember Krebsbach moved to close the public hearing. Councilmember Schneeman seconded the motion. Councilmember Krebsbach moved to accept the Mendota Heights Storm Water Pollution Prevention Program as presented. Councilmember Schneeman seconded the motion. CASE NO. 07 -01 Assistant to the City Administrator Sedlacek reviewed MENDAKOTA COUNTRY the application and shared aerial photos on the Mendakota CLUB Country Club. The application is for a conditional use pellnit for an accessory building on the property, which is zoned R -1 Golf Course. The proposed building will be placed on the southwest side of the clubhouse in place of two temporary storage pods. Mr. Sedlacek said the Planning Commission recommended approval subject to re- notification to surrounding residents, which has been done. Mayor Huber opened the public hearing. Seeing no one come forward, Mayor Huber closed the public hearing. Ayes: 5 Nays: 0 CASE NO. 07 -02 CONWAY /RUSSELL February 6, 2007 Page 4 Councilmember Duggan said these improvements will be vastly superior to what is currently there. Councilmember Vitelli moved approval of Resolution No. 07 -08: "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY STORAGE BUILDING AT 2075 MENDAKOTA DRIVE." Councilmember Duggan seconded the motion. Further Discussion Mr. Steve Watson, General Manager of the Country Club, said the proposed building will fit in with the current building with the same stucco type finish. Mr. Watson talked about the landscaping that will be done around the perimeter. Mr. Watson said the only concerns he received by residents on Mendota Court were in regards to tree removal. Mr. Watson assured this resident that no trees would be removed. Mr. Watson said he would like to have this project started in April. Assistant to the City Administrator Sedlacek reviewed this case in which the applicant is proposing to demolish a portion of their existing home, and construct an addition to their home. This demolition will bring the currently non- conforming home in conformance. Mr. Sedlacek said the Planning Commission had some concerns about the slope, and Staff has determined that this area is safe and there should be no major disturbance. Mr. Sedlacek said the Planning Commission recommended approval subject to review by the City Engineer. Councilmember Krebsbach asked for some clarification on the slope area. Mr. Sedlacek referred to a topographical map in the Council packets and proceeded to review where the slope lines are laid out. Ms. McDermott said the land at the back of the house is relatively flat for about 60 -ft. to where it gets to the steeper part of the slope. Ms. McDermott said the applicant owns most of this slope. Mr. Greg Conway, contractor for the homeowner, reviewed the lot lines on the map. Ayes: 5 Nays: 0 CASE NO. 07-03 DAVID RIDLEY Ayes: 5 Nays: 0 February 6, 2007 Page 5 Mayor Huber opened the public hearing. Seeing no one come forward, Mayor Huber closed the public hearing. Councilmember Schneeman moved approval of Resolution No. 07-09: "A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR DEMOLITION AND RECONSTRUCTION AT 716 MAPLE PARK DRIVE." Councilmember Vitelli seconded the motion. Assistant to the City Administrator Sedlacek reviewed this case where the applicant is proposing to construct a gazebo in the rear yard, which would encroach into the wetland area. The applicant was not at the Planning Commission meeting, and the Planning Commission has not received any public comment on this. However, a letter was received after that meeting from Maurine Hunt, a resident who lives on Marie Avenue, and a copy of the letter was given to the Council. Councihnember Krebsbach asked if neighborhood notification is given for wetlands peauit Ms. McDermott said this would require the City to give a 100-ft notification, and the CUP requires 350-ft. notification. Mayor Huber opened the public hearing. Seeing no one come forward, Mayor Huber closed the public hearing. Councilmember Vitelli moved adoption of Resolution No. 07-10: "A RESOLUTION APPROVING A WETLANDS PERMIT AND CONDITIONAL USE PERMIT AT 640 HIDDEN CREEK TRAIL." Councilmember Schneeman seconded the motion. TRAIL GRANT APPLICATION Ms. McDermott said the City has recently become aware of a grant from the DNR for local trail connections. This is a 50- 50 cash match grant with local and state funds. Staff carne to the Council in 2005 and received approval for feasibility reports for two trail segments that would meet the following criteria: + Along Dodd Road between Highway 110 and Marie. Ayes: 5 Nays: 0 PAR 3 REFERENDUM February 6, 2007 Page 6 • Along Sibley Memorial Highway where there is a current trail ending at the west edge of Summit of Mendota Heights. WSB & Associates, Inc. has been asked to provide a proposal for both for preparation of the grant application. This application is due February 28, 2007 and the City has received a quote of $5, 679.00. Staff has talked to the DNR to ask if the City should apply for both or just one, the DNR said the City can apply for both. WSB & Associates, Inc. has been asked to provide a proposal for doing the survey and design as both of these trail segments are in MnDOT right -of -ways and projects of this nature have required some extensive drainage analysis. A consultant will also have to be hired as the City does not have in -house expertise to use the software that is required. Ms. McDermott said the total amount that is needed for this work is $62,900. If the grants are received, the City would pay for their portion out of the Municipal State Aid Fund and can also recuperate the costs for the design out of those funds as well. If the grants are not received, Ms. McDermott suggested that this work be staggered to the some of the trail construction done in 2007 and the rest done in 2008. Ms. McDermott said these trail connections are a high priority for the Park and Recreation Committee. Councilmelmber Vitelli moved adoption of Resolution No. 07 -12: "A RESOLUTION AUTHORIZING WSB TO 1) PREPARE MINNESOTA DEPARTMENT OF NATURAL RESOURCES LOCAL TRAIL GRANT APPLICATIONS FOR THE DODD ROAD TRAIL AND SIBLEY MEMORIAL HIGHWAY TRAIL, 2) AUTHORIZING WSB TO PREPARE FEASIBILITY REPORTS, PLANS, AND SPECIFICATIONS FOR THE DODD TRAIL AND SIBLEY MEMORIAL HIGHWAY TRAIL." Councilrnember Schneeman seconded the motion. Mr. Danielson said at the last meeting, the City Council approved a letter of intent with the owners of Par 3 and directed Staff to have a meeting with the neighbors and the City for anyone interested in supporting or not supporting the bond referendum for the City to purchase Par 3. The City is February 6, 2007 Page 7 now proceeding with a two-phased plan with the Par 3. Phase I was to rezone the land to R-1-A, and to change the language in the Comprehensive Plan definition to identify golf courses - small to accommodate the new zoning. The landowners are currently moving forward with plans to develop their lot should the referendum not pass. Mr. Danielson said the City will be moving forward with the referendum on April 24th to allow the residents to vote whether or not they want the City to purchase this golf course for $2.6 million along with some money to make some improvements to the property and to pay for the administrative costs that go with the referendum process, and funds for the bond process. The total amount on the referendum will be $2.79 million. The "Save The Par 3 Committee" has met three times. The first meeting was attended mostly by people who were in support of the referendum, but there were also several members who did not wholeheartedly support the referendum. The second meeting was attended by those who were in support, and City Staff. The referendum is moving forward and there is now a need to adopt a resolution that sets the election for April 24th beginning at 7:00 am extending to 8:00 pm, with the standard polling places. The Bond Attorney has drafted some language, which has been reviewed with the referendum committee. Mr. Danielson read the proposed notice of election, including the following question which will be submitted on the ballot: "Shall the City of Mendota Heights, Minnesota, be authorized to issue its general obligation bonds in an amount of $2,790,000 to defray the expense of the acquisition and bettelinent of an existing par 3 golf course for use as park or other recreational facilities?" Mr. Danielson said that by adopting this resolution, the City Council will set into motion the process to hold this election. Mayor Huber said that since this wording was recommended by the Bond Attorney, he feels that this wording should not be changed. Mayor Huber asked for clarification from the City Attorney that the City is still in the process of negotiating a purchase agreement. Ms. Diehm said the City has received February 6, 2007 Page 8 preliminary feedback from the seller on the draft purchase agreement and they have raised a couple of minor issues, but Ms. Diehin does not believe there is anything that can't be worked out. That purchase agreement will be recirculated and the Council will have the opportunity to vote on this. Mayor Huber opened the floor to the audience for questions and comments. Robin Ehrlich, co -chair of the Save the Par 3 Committee, said he would like to talk about the wording of the question. Mayor Huber said this has gone through Bond Council and he feels that their wording is appropriate, however, the rest of the Council may feel differently. Councilmember Vitelli said he is in favor of the wording as proposed. Mayor Huber said that this wording will be clear enough for the residents to know what they will be voting for. Sally Lorberbaum, co -chair of the Save the Par 3 Committee, said the committee has another suggestion to add another line to the existing suggested wording which says "a yes vote will increase property taxes ", and modifying it so say "a yes vote will increase property taxes and preserve Mendota Heights' green space ". Mayor Huber said he believes the Council will stay with the recommendations from the Bond Counsel and that the instructions and notifications will be very clear. Councilmember Duggan said he would like to have the purchase agreement state that the land owners operate the golf course as they would nonually until the referendum is completed rather than the City leasing it. Councilmember Duggan said he supports the language in the referendum notification and question as presented. Councilmember Vitelli moved adoptionl of Resolution No. 07 -13: "A RESOLUTION CALLING FOR AN ELECTION ON $2,790,000 GENERAL OBLIGATION BONDS." Councilmember Krebsach seconded the motion. PAR 3 LEASE February 6, 2007 Page 9 Mayor Huber said there needs to be some way to ensure the Par 3 will continue serving golf leagues this summer, and would like some certainty that these leagues will be accoanznodated or they will take their leagues somewhere else. Mr. Danielson said Staff was aware of this concern and was told that the Par 3 was not intending on opening this summer. Dave Bergen, the Manager of the Par 3, contacted Staff to meet as leagues will be forming in February, March and April and need to make arrangements on different courses. Staff is concerned that if the leagues are not on Par 3 this year, they will go elsewhere and may not come back the following years. Staff contacted the property owners to ask what it would take to open the club. The property owners said they are willing to open the club if the City would rent the facilities from them. This way, the club will continue to operate as usual and the leagues can schedule their times for this year. If the City rents the club from them, they would need to pay $7,500 a month. Mr. Danielson said the referendum is scheduled for April 24t11 and at that point, it will be known if the City will purchase the course. If notice is given to the property owners on April 24th that the referendum failed, the City will not have to pay additional rent as the terms will be a 30 -day lease, and the property owners are willing to continue operating the course through August. Mr. Danielson said if the referendum is successful, then the City will notify the property owners of the impending sales transaction and the City will continue operating the club. City Attorney Tami Diehm said in her conversations with the seller, it is her understanding that the lease agreement would automatically terminate if the referendum is unsuccessful. In addition, the property owners have agreed that they will not shut down the course and will continue to operate until the end of the summer. If the referendum is successful, the lease would be set to terminate on the date of closing which is anticipated to occur before June 30tH Councilmember Vitelli said this will cost the City approximately $22,000 for March, April and May. Mayor said if the referendum fails, then the City will only have to pay two months (March and April) as the lease will February 6, 2007 Page 10 terminate before May. That will only cost the City $15,000. Mayor Huber said if the referendum is successful, the City will have to pay rent longer until the closing date, which would cost about $22,000. Either way, the leagues will have the certainty of being able to use the course for the year. Ms. Diehm said the request before the Council at this time to allow Staff to enter into discussions with the property owners to discuss lease agreement options, and this agreement will come before the City Council's next meeting along with the purchase agreement. Councilmember Schneeran moved to authorize the City Attorney to work with the Par 3 landowners to prepare a lease agreement according to the terms as stated in the January 31, 2007 memo submitted by City Administrator Jim Danielson. Mayor Huber seconded the motion. Further Discussion Councilmember Duggan asked what the employee liability would be during this tune. Ms. Diehm said the lease agreement will be drafted in such a way that the City would make the lease payment to the property owners, but the property owners would maintain all the operations and insurance just as they have always done, and naming the City as an additional insured. Councilmember Krebsbach asked where these funds will come from to pay the lease. Finance Director Kristen Schabacker said the City received approximately $350,000 back from the County from TIF funds. Councilmember Vitelli said this will provide the residents and users of the golf course with some stability and seems to be a cooperative proposal by the current owners and he supports this action. Councilmember Krebsbach said she would like more clarification on the time frame that the City will be paying rent on this property. Ms. Diehm said she will make sure that is clarified on the lease agreement draft when it comes back to the City Council for final approval. Councilmember Duggan said it is important that the Ayes: 5 Nays: 0 PRESENTATION COUNCIL COMMENTS February 6, 2007 Page 11 residents are aware of the full costs of this project. Mr. Danielson updated the Council on the comprehensive plan change, informing Council that the Metropolitan Council has approved the rezoning of the Par 3 land use. Robin Ehrlich said the Save the Par 3 Committee is looking for volunteers to help on this committee as well as donations to help pay for mailing costs. Mr. Ehrlich said the donations are not tax deductible. Mr. Ehrlich said residents are welcome to contact him or Sally Lorberbaum with any questions. Councilmember Duggan introduced Nora Ali, and her mother, Methusa Ali. Nora is the current reigning Mendota Heights Jr. Miss. Ali is a resident of Mendota Heights and is vying for the title of Miss Jr. Minnesota. Ms. Ali gave a presentation asking the City's support —both financial and in recognition- for her endeavor. Ms. Ali talked about the scholarship program for college —bound high school girls. Councilmember Duggan said he advised Ms. Ali of the limitations of financial donations and encouraged the City to provide her with a statement of recognition of accomplishment. Should the City decide to donate funds, that money will go to the scholarship fund for all the girls and not to Ms. Ali directly. Mayor Huber commended Ms. Ali for her wonderful presentation and for the impressive background which she has obtained. Councilmember Krebsbach asked Staff to prepare a letter of recognition for Ms. Ali and to be signed by the Mayor. Councilmember Vitelli said the Council should also recognize Ms. Ali's mother for her support and for the terrific job she has done to help her daughter. Councilmember Vitelli spoke about the tremendous trail system and suggested that Staff do more public relations work to promote the wonderful trails in the city. Mr. Danielson said the information is currently on the website and it would be helpful to do a featured story in the Mendota ADJOURN Ayes: 5 Nays: 0 February 6, 2007 Page 12 Highlites. Councilmember Schneeman suggested putting some information on the NDC4 television station. Councilmember Schneeman said the skating rinks are being used. Councihnember Krebsbach talked about joining others in the Women's Day 2007 activities at Visitation School. There being no further business to come before the Council, Councilmember Duggan moved to adjourn the meeting. Councilmember Schneernan seconded the motion. Time of Adjournment: 8:45 p.m. Rebecc affer Recording Secretary