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2007-06-19 City Council minutesJune 19, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 19, 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 PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Duggan, Krebsbach, and Schneeman. Councilmember Vitelli had notified Council that he would be absent. Council, the audience and staff recited the Pledge of Allegiance. Councihnember Duggan stated that he has spoken to Assistant Sedlacek about Item #j on the revised agenda (Royal Star Furniture sign). It should be a minor PUD amendment and not just a simple sign request or permit. Councilmember Krebsbach said she would appreciate having this item removed in its entirety. Councilmember Duggan moved adoption of the revised agenda, deleting Item j., Royal Star Furniture sign. Councilmember Schneeman seconded the motion. Councilmember Duggan moved to approve the minutes of the June 5, 2007 City Council meeting as revised. Commissioner Schneeman seconded the motion. Councihnember Duggan moved approval of the consent calendar as presented, pulling items c, and g and i for further discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the May 2, 2007 Park and Recreation Commission meeting. June 19, 2007 Page 2 b. Acknowledgement of the NDC4 meeting minutes and agenda. c. Acknowledgement of the May 2007 Monthly Fire Department Report. d. Acknowledgement of the May 2007 Treasurer's Report. e. Acknowledgement of the Park and Trail Five Year (2008-2013) Capital Improvement Plan. f. Acceptance of Retirement of Firefighter Dave Paton. g. Authorization for City Hall Landscape Improvements. h. Authorization for Fourth of July Fireworks. i. Approval for Appointment of New Police Officer Peyton Fleming. j. Approval of Date Change for September ARC Meeting. k. Adoption of Resolution No. 07-55: "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2007 SANITARY SEWER TELEVISING AND CLEANING PROJECT (CITY PROJECT NO. 200716)." h Adoption of Resolution No. 07 56: "RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK. TO ENTER INTO A MAINTENANCE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF THE DITCH AND DRAINAGE _ - •* •.? m. Adoption of Resolution No. 07-56: "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE COPPERFIELD STREET REHABILITATION IMPROVEMENTS AND RIGHT TURN LANE AT DELAWARE AND HUBER DRIVE (PROJECT NO. 200613." n. Approval of the List of Contractors. o. Approval of the List of Claims dated June 19,2007 and totaling $377,421.40. p. Adoption of Resolution No. 07-57: "RESOLUTION AUTHORTZING THE CITY ADMINISTRATOR TO EXECUTE DOCUMENTS NECESSARY TO EFFECTUATE THE PURCHASE OF CERTAIN PROPERTY FROM MENDOTA GOLF, LLP." Councilmember Duggan referred to Item b., and suggested that the Council take the time to read the legal part of Ayes: 4 Nays: 0 ITEMS PULLED FOR Ayes: 4 Nays: 0 June 19, 2007 Page 3 Number 7 on the agenda because it pertains to the possibility of outside interest coming to the City looking for a television or cable franchise. On Item f, Mayor Huber mentioned the great job that retiring firefighter Dave Paton has done and wished him well. Mayor Huber said Item 1. has been deleted at the request of Public Works Director Sue McDermott. On Item h, Mayor Huber mentioned that the memo is somewhat unclear and all the Council is being requested to do is authorize the $2,500 that was approved in the 2007 budget. Councihnember Duggan referred to Item n. and said it is unknown if there is a fire hydrant that may affect the turn lane. Ms. McDermott said there is a plan drawn up and she will check into that. Councilmember Schneeman seconded the motion. Item c.: Councilmember Schneeman said she pulled this item because she had heard about the horrible fire in the Carolinas where nine firefighters had died. Councilmember Schneeman referred to the Fire Department report that is submitted each month, which shows the status of the drill the department does each month, and how they prepare for these types of incidents. Councilmember Schneeman said these fire fighters are precious in what they do for the City of Mendota Heights. Councilmember Duggan moved to acknowledge the May 2007 Monthly Fire Depaitruent Report as presented. Councilmember Krebsbach seconded the motion. Item e.: Councilmember Schneeman said this is a wonderful document and is tool for the Council to use, and congratulated Guy Kullander on a job well done. Councilmember Duggan said there were 80 projects listed, and under the guidance of Mr. Kullander and the Parks and Recreation Commission, these projects were now reduced to June 19, 2007 Page 4 32. A lot of work has been done and many projects completed thanks to this group. Councilmember Krebsbach said she thinks this is very thorough document and it's an important document to allow residents to see what the five year plan is. Councilmember Duggan encouraged Staff to place this document on the city's website for the residents to see. Councilmember Duggan moved to acknowledge the Park and Trail Five Year (2008 -2013) Capital Improvement Plan as presented. Councilmember Krebsbach seconded the motion. Item g.: Councilmember Duggan said he is concerned that the City can justify hiring a landscape architect to come in with landscaping recommendations, including the work, materials and design. He is not sure it is necessary and questions whether there were complaints made about the current landscaping. Councilmember Krebsbach asked who did the original landscaping. Mr. Kullander said it was Damon - Farber. Mr. Kullander said he started out with the concept of having a landscape contractor just fill in and replace all the plantings that have died over the years. Since then, he has learned more about shrubs and planting techniques. Mr. Kullander said that by going with different landscapers, the City may end up with 3 or 4 different plans and it would be hard for the Council to review and decide what is best. It may be better to have one landscape architect come up with a plan that the Council can review and approve with their recommendations. Then this plan can go out for bids. Mr. Kullander said the price is a bit higher than he anticipated, but believes the work would be worth the effort and that the architect has a very good reputation. Councilmember Krebsbach said she likes the existing hedging along the front of the building. Mr. Kullander said from a distance it looks good, but it's now beyond its normal lifespan. Councilmember Duggan asked if there is an approximate budget for actual landscaping here at City Hall. Mr. Kullander said every year, the city budget allows for some June 19, 2007 Page 5 expenditures around City Hall for maintenance of around $50,000 to $60,000, and last year. Staff went over budget for the new parking lot last year. Mr. Kullander said the request at this time is to just replace the existing shrubs in the front of the building, which has an estimated cost of $15,000. This work could also be phased in over the next few years. Councilmember Schneeman said she had a landscape architect prepare a landscape plan for her property and believes this process is a good idea. Councilmember Duggan said he would be happy to support an expenditure of $4,000 for whatever Damon - Farber might want to do. Councilmember Krebsbach said she believes the City should present an official look rather than a lot of natural grasses. Councilmember Krebsbach moved approval of Item No. g. "Authorization for City Hall Landscape Improvements authorizing the expenditure not to exceed $4,000 to Farber - Damon for their architectural services." Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 POLICE OFFICER Council acknowledged a memo from Police Chief APPOINTMENT Aschenbrener recommending the appointment of Peyton Fleming as a probationary Police Officer. Chief Aschenbrener introduced Mr. Fleming, who is currently working for the Veterans Administration as a licensed police officer, and has served as a Captain in the U. S. Army. Ayes: 4 Nays: 0 Mr. Fleming read the Police Officer Code of Conduct. Councilmember Schneeman moved to approve the appointment of Peyton Fleming as a probationary Police Officer. Councilmember Krebsbach seconded the motion. Mayor Huber said on behalf of the City Council, he is pleased to have the opportunity of swearing in Officer Fleming, and officially performed the swearing in ceremony. MENDOTA HEIGHTS PAR 3 LIQUOR LICENSE June 19, 2007 Page 6 Mayor Huber introduced Officer Fleming to the rest of the City Council. Council acknowledged a memo from the City Clerk the continued hearing on the city's application for an on-sale 3.2 malt liquor license for the Mendota Heights Par 3. Clerk Swanson stated that at the last meeting, Council directed Staff to do research on questions raised. Assistant Sedlacek presented the results of this research. Mr. Sedlacek said the City of Apple Valley has shared a recent study they had done on similar issues. This survey shows most public golf courses in the area offer alcoholic beverages. Currently, Mendota Height Par 3 offers 3.2 beer for sale and allows customers to bring their own alcohol into the parking lot. The current leagues are interested in keeping this in place. Ms. Sedlacek said the Parks and Recreation Commission has made the recommendation that the Par 3 be granted a liquor license and not allow outside beverages. Mr.Sedlacek said a decision on this needs to be done by June 28th. Mayor Huber said it is his personal feeling that there have not been any alcohol related issues in relation to this property, and acknowledged that this does not necessarily mean there may not be any in the future. Mayor Huber said the City has the opportunity to get a sense of what may happen over the next months, looking at what is there today and does it seem to be working. He would like to proceed with business as usual and adjust from there. Councilmember Duggan said he is afraid to make new rules this year that would limit the league groups as they are a major source of revenue. Councilmember Duggan recognized that there may be some liabilities, and suggested allowing customers to consume their own beverages on the main patio of the clubhouse. Mayor Huber said that may not work as people will bring all their beverages and not purchase from the clubhouse. He would rather allow consumption in the parking lot as has been the practice. Ayes: 4 Nays: 0 PAR 3 TEMPORARY POSITIONS June 19, 2007 Page 7 Police Chief Aschenbrener said he has not received any complaints or problems in the past from this practice. Councilmember Krebsbach said she is hearing that the Council may want to continue business as usual and review this next year when the license renewal comes up. Mayor Huber said it's important to let the league organizers know that their business is appreciated and to remind them to drink responsibility. Councilmember Duggan moved to authorize issuing the liquor license for the Par 3 with the recommendation that the City prepare and adopt a "best practices" policy providing comprehensive training for golf course and sales staff to reduce potential liability. Councilmember Schneeman seconded the motion. Councilmember Schneeman said she has never seen so many cars at the Par 3 as she has this evening. Mr. Sedlacek said Staff has been working on a staffing plan at the Par 3, working with Legal Counsel on what the best solutions will be. Plan A was to have a management company come in to run the Par 3, and to have the current manager stay on. The current manager was not interested in that. Plan B allows the creation of temporary seasonal positions for the remainder of the season, and to keep operations running as smooth as possible. The pay scales fit within the framework of other seasonal work. These workers would not receive any health benefits and would be officially on the payroll. Mr. Sedlacek presented position descriptions for a golf course manager and the part time positions at this time. These positions at this time will be temporary for the rest of the year, and these positions, excluding the position for Golf Course Manager, will report directly to the Golf Course Manager. Councilmember Krebsbach asked if a management company will come into play at all. Mr. Sedlacek said not for this Ayes: 4 Nays: 0 CITY OWNED PARCEL FOR SALE June 19, 2007 Page 8 year, and the task force will be looking at options for the future. Councilmember Duggan asked if there are any other golf course management companies that are used by other cities. Mr. Sedlacek said there is a national firm which does that, and the City has also been approached by a non-profit association, a for profit association, and a golf club, all who have expressed interest in either full or partial running of the operations. Mr. Sedlacek said the task force will be exploring all options and will be advising Council on next year's vision. Councilmember Duggan asked how many employees are currently working at the golf course. Mr. Sedlacek said 13. Councilmember Duggan asked if the estimate of operational costs for the rest of the year is somewhat consistent with the 3% increase over last year? Mr. Sedlacek said that was correct. Mr. Sedlacek said the request before the Council at this time is to approve the process. The finalized job descriptions and pay scales will be before the Council at the July 3 meeting. Councilmember Duggan moved approval for the part time temporary staffing for 2007. Councilmember Krebsbach seconded the motion. Public Works Director Sue McDermott said Staff has been approached by two parties who are interested in purchasing city owned properties. Ms. McDermott reviewed the map indicating where these properties are (on Dodd Road, the site of the former fire station). Ms. McDermott reviewed the draft of a request for a proposal, a proposal form, and a notice that will be placed in the newspaper advertising the property for sale. Ms. McDermott said an appraiser has been hired and she does not expect an appraisal to be completed until next week. Councilmember Krebsbach asked if Staff has received any opposition to this. Ms. McDermott said they have not. June 19, 2007 Page 9 Councilmember Duggan asked about the topography of the property and questioned some of the language in the proposal. Ms. McDermott said she would change that language to add the slope information necessary. Councilmember Duggan referred to the items in the Request for Proposal that state "Commence construction by ", and "Complete construction and obtain temporary certificate of occupancy by ", and asked if these items are normally in this type of document. Ms. McDemiott said she did not know, but the Council can change this as they feel appropriate. Councilmember Duggan said he doesn't know if this language is necessary and is more concerned about having the potential buyer be able to show that they are in a position to buy, and suggested that this language be taken out. Councilmember Krebsbach said this document shows that this property is in an R-1 zone, and the City is interested in a business use, so it's very clear that the zoning has not changed. Councilmember Krebsbach asked if the price changes if it's rezoned business. Ms. McDermott said the appraiser will take that into account. Mayor Huber asked if anyone in the audience wished to comment. No one came forward. Councilmember Schneeman moved adoption of Resolution NO. 07-58, "RESOLUTION AUTHORIZING SOLICITATION OF PROPOSALS TO SELL A CITY OWNED PARCEL." Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 HISTORIC REVIEW PROCESS Council acknowledged a memo and proposed ordinance from Mr. Kullander regarding establishing a historic review process for the city. Councilmember Krebsbach said once the City takes on this process, they are pretty much locked in. Mr. Kullander said Great River Greening, the City's consultant in coordinating the Pilot Knob area, has found another grant opportunity for June 19, 2007 Page 10 the City to apply for funding to help with the Pilot Knob site. To qualify for the "Preserve America" grant, one of the requirements is that the City has one of three documents in place. Mr. Kullander said he obtained a sample copy of an ordinance from Kenyon, Minnesota, establishing a historic review process. Mr. Kullander and Ms. Swanson have reviewed this document and came to the conclusion that it is far too detailed and they would not recommend that the full document be adopted. The proposed ordinance before Council is considerably less detailed than the sample. In order to apply for this grant opportunity, the Council needs to adopt a proposed ordinance. The ordinance would not take effect until it is published, but its adoption is required in order to apply for the grant. The recommendation is to adopt the special ordinance that was prepared and not publish at this time, and if they are successful for the grant application, then Staff will come back to Council with a revised ordinance for final approval and publishing. Mr. Kullander said if this ordinance goes into effect, it should be tied into the planning process. The City must identify what the historic sites are, and at this time, only Pilot Knob and St. Peters Church are identified on the National Register. This process could be similar to the Critical Area process. Councilmember Krebsbach said she would like to see the Town of Mendota be involved. Mr. Kullander said Mendota already has one and they also take claim to St. Peters Church within their historic district. Mr. Kullander said June 29th is the deadline and the document can be changed after that to the Council's desire. Councilmember Krebsbach asked Mr. Kullander for a brief update on the process at Pilot Knob. City Attorney Tami Diehln said there is broad language in the ordinance. If one were to read this carefully, it would say that a heritage preservation site is only an area, place, or building that is currently designated in the National Register of Historic Places. It is not even what the City would June 19, 2007 Page 11 designate. It would be only those areas that are on the Historic Register. Councilmember Krebsbach asked how Item a, under Section 1, would apply. Ms. Diehm said the items under Section 1 are the goals of this ordinance. As one reads further, the defined term "a heritage preservation site" which is then used throughout the document, says if the City wishes to alter such site, there needs to be a site alteration permit for any heritage preservation site. But that is very narrowly defined to mean only those buildings, places and sites which are on the National Register of Historic Places. That is further defined to be the nation's official list of properties where there is further preservation requirements designated by the U. S. Department of the Interior National Parks. Councilmember Duggan said St. Peter's Church had those restrictions and those requirements given to them as part of their historic designation. Ms. Diehin said it's likely that in order to keep that designation, they have to follow these same types of requirements. Mayor Huber asked Ms. Diehm for her opinion on this proposal. Ms. Diehm said if the Council takes action to adopt an ordinance, it should be in good faith to adopt it and publish it, not simply to adopt for the appearance of adoption. Councilmember Krebsbach said she does not feel they can make the deadline. Councilmember Duggan asked how much the grant would be for. Mr. Kullander said about $20,000 to $30,000. It could go as high as $150,000. Mayor Huber said perhaps next year the Council could revisit this. Councilmember Duggan said he would support a historic preservation program and would encourage Mr. Kullander to move forward with this preliminary report for future Council review. Councilmember Krebsbach said when a city becomes an historic district, there are a lot of constraints, and it's not something a city should approach lightly. OTHER BUSINESS COUNCIL COMMENTS June 19, 2007 Page 12 Councilmember Schneeman said this is just establishing a review process and thinks it's a great idea. Mayor Huber asked City Administrator Jim Danielson for an update on MAC. Mr. Danielson said he was contacted by Mr. Leqve asking if he was aware of Eagan's efforts to send a letter to MAC in opposition to the new operation at the airport, which has increased the use of the new runway 17/35 and decreased the use of runway 12 Left, and encourage the airport to go back to the operation whereby 12 Left gets more usage. Mr. Leqve suggested that the City of Mendota Heights send a letter to him encouraging MAC to continue to use the runways as they are now. MAC has always told residents and businesses that operations would continue to run this way. A draft of this letter was prepared based on Mr. Leqve's recommendations and has been reviewed by ARC Chair Liz Petschel and Councilmember Duggan who is on the NOC Commission, as well as Mr. Leqve. Councilmember Krebsbach said the letter looks good and that's why the new runway came in and should be used. Councilmember Duggan said the national Noise Group meets next month (July 18th thru 20th) and asked permission to go to that meeting to represent Mendota Heights. The meeting is being held in Atlanta, Georgia and would cost approx. $1,000 and there is money in the budget for this. Mayor Huber said he did not have a problem with this as the Council members do not often travel such as this. Mr. Danielson said there is an ordinance that requires Council approval for out of state travel and he will be bringing Councilmember Duggan's request to the next meeting for approval. Mayor Huber said it would be fine to go ahead and make the necessary reservations at this tune. Councilmember Duggan gave an update on his neighbor, Nora Ali, who is now officially Ms. Jr. Minnesota and is also competing on the national level in a few weeks, and is one of the top 3 candidates for the Miss Jr. USA, which is based on community efforts and academic efforts. Ms. Ali has also received a full scholarship to Harvard, and will be playing at Carnegie Hall. Councilmember Duggan said he attended an event at the Minnesota Historical Society honoring Don Hines, from the ADJOURN Ayes: 4 Nays: 0 ATTEST: June 19, 2007 Page 13 Tuskegee Airman, Inc. Councilmember Schneeman said her husband flew with Mr. Hines just before he died. Councilmember Krebsbach said she had a conversation with a contract planner who has worked for Woodbury and Lake Elmo, who was talking about the strong niche Mendota Heights has created and there is no community comparable to it. This was said in a very favorable and all residents contribute to that. 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: 8:45 p.m. P Rebecca Sh'4e Recording Secretary