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2007-11-20 City Council minutesPursuant to due call and Heights, Minnesota was Heights, Minnesota. CALL TO ORDER November 20, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 20, 2007 notice thereof, the regular meeting of the City Council, City of Mendota held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the agenda as corrected. Councilmember Vitelli seconded the motion. Councilmember Schneeman moved to approve the minutes of the November 6, 2007 City Council Meeting as corrected. Commissioner Duggan seconded the motion. Councilmember Duggan moved approval of the consent calendar as presented, pulling Items d and 1 for further discussion and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the November 13, 2007 Park and Recreation Conunission Meeting. b. Acknowledgement of the October 2007 Treasurer's Report. c. Acknowledgement of the Monthly Fire Department Report for October 2007. d. Acknowledgement of Information on Single Family Assisted Living Facilities. e. Authorization to cancel December Commission Meetings. Authorization for "You Are Here" Park Sign. Approval for Withdrawal of Planning Case 07-33, f. g. November 20, 2007 Page 2 Mendota Plaza, 750 Highway 110 Rezoning Request. h. Approval for Withdrawal of Planning Case 07-35, City of Mendota Heights, Dakota County CDA, South Plaza Drive, Comprehensive Plan Amendment and Rezoning. i. Approval of Sign Permit for 1165 Medallion Drive (Esslinger & Company). j. Approval of Sign Permit for 1210 Northland Drive (Paychex). k. Adoption of Resolution No. 07-115: "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM." 1. Adoption of Resolution No. 07-116: "A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON 2008 IMPROVEMENT PROJECTS." m. Approval of the List of Contractors dated November 15, 2007. n. Approval of the List of Claims dated November 20, 2007 totaling $970,250.72. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 ITEMS PULLED Councilmember Schneeman asked to have item d pulled to thank Assistant to the City Administrator Jake Sedlacek for the work he has done to provide a report to the Council on the City and State policies regarding assisted living facilities. She stated that she would be happy to assist with this issue in any way. Councilmember Duggan said he has visited some residents who have updated him on this project, telling him they are much more at ease with this project. Councilmember Krebsbach asked Councilmember Duggan if he was comfortable with the statements he made in the minutes. Councilmember Duggan said he is fine with the comments. Councilmember Schneeman moved to accept the info' nation as presented. Commissioner Duggan seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 PUBLIC COMMENTS November 20, 2007 Page 3 Councilmember Duggan asked to have item 1 pulled as he has been in discussions with residents of Kay Avenue and Walsh Lane. Councilmember Duggan said he is very happy to see bump outs in this area, as this is a very busy area. Councilmember Duggan said he would like to see a study done to determine if a stop sign is needed. Councilmember Duggan said he would like to have staff provide flags to residents to indicate any sprinkle systems and any invisible dog fences in the area to allow workers to work around them to avoid any damage. Councilmember Duggan said he would like to have the staff provide updates via email to residents, as well as informing residents of any work in utility easements. Public Works Director Sue McDermott said Staff has already been in contact with the one resident that will be affected. Councilmember Duggan moved adoption of Resolution No. 07 -116: "A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON 2008 IMPROVEMENT PROJECTS." Commissioner Schneeman seconded the motion. Mayor Huber said he was contacted by a resident who wished to have an announcement made regarding an upcoming blood drive on December 6th from 9am to 2pm at St. Paul's Methodist Church. Councilmember Duggan asked for updates regarding the Storm Water Utility Fund and his request that contractors be accountable for pulling proper permits. Finance Director Kristen Schabacker stated that the balance in the Storm Water Utility Fund after the third quarter utility billing is approximately $175,000. Ms. McDermott said when a contractor pulls a permit after the fact, he is required to pay double the fees. Ms. McDeniiott said the contactor should then get the message, and she can certainly send letters out as well. HEARING: NATURAL RESOURCE MANAGEMENT PLAN — PILOT KNOB November 20, 2007 Page 4 Operations and Projects Manager Guy Kullander provided an update on the Natural Resource Management Plan for Pilot Knob Phase II. This plan has been developed to align with the restoration efforts and project costs. Mr. Kullaner introduced representatives from Great River Greening to present this plan. Mr. Wiley Buck (Restoration Ecologist), Mr. Todd Rexine (Ecological Designer), and Mr. Dan Tix (Conservation Director) shared a Powerpoint presentation, which highlighted many of the designs that would be incorporated. Councilmember Krebsbach asked what this area will look like in one hundred years. Mr. Buck said without the management plan, and the assistance of providing wild fire burns and nearby seed sources for prairie and savannahs, there would be more box elder trees or cotton wood trees. Councilmember Krebsbach asked if future city councils will have to maintain these grasslands so they do not become box elder forests. Mr. Buck said after about three to five years of restoration, the area will reach a threshold level and minimal maintenance will need to be done every year, as well as conducting a controlled fire burn every three to five years. Councilmember Schneeman asked how long it takes for a savannah oak to grow. Mr. Buck said the species that is the signature piece for oak savannahs are the burr oaks and they are slow growers, investing a lot in their roots. Mr. Buck said the site is fairly moist so they will have a decent amount of water and they should also have a decent amount of sunlight. Burr oaks should grow fairly rapidly in this area. Mayor Huber opened the public hearing. Bruce White asked about the trees along Acacia Blvd. Mr. Buck said they will remain there. Mr. Larry Grainger said it is wonderful that the discussions are concerning management plans, and not arguing about preservation, and thanked the Council for the progress that has been made. Mr. Grainger is a member of the Pilot Knob Preservation Association and relayed some points that were brought up at their last meeting. This plan is pretty much what the PKPA November 20, 2007 Page 5 wants and is a good way to achieve the goal of preserving this site. Mr. Grainger said there were some concerns of the members about the plan as it relates to the use of herbicides, and their preference is that herbicide use be minimized as much as possible. Mr.Grainger said the PKPA hopes to be involved in the design discussions, and it's their preference that there be as minimal obstruction of views as possible. Mr. Grainger said this area will be well used as learning tools. Mr. Buck said they will be glad to work with the PKPA on the use of any herbicides. Jennifer Otto, a member of PKPA, said she also is a resident of the City and wanted the Council to know she is very appreciative of the efforts of the Council. Ms. Otto said she is excited to be a resident of the city, and knowing what has been accomplished together. Ms. Otto said she wants the community to know about the displays at City Hall of the Pilot Knob history, and believes people should come and visit the displays. Jan Dolsen, a member of PKPA, said she has been a member since 2002, and believes that the word she would use to describe the City of Mendota Heights is integrity because of the processes and seriousness of the actions that have been used with this project. Ms. Dolsen said this is a living history discussion that fits into one's life. Seeing no one else come forward wishing to speak, the Mayor asked for a motion to close the public hearing. Councilmember Duggan moved to close the public hearing. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach said she was concerned that the parking was too far from the site. Mr. Kullander said the parking lot is just under 1/4 mile from the site, and as the restoration effort is to return the area to the oak savannah, it is not desirable to have cars driving back in there. The area is accessible by walking or biking in and the path is ADA acccessible. Councilmember Duggan said he believes people will be willing to walk the 1/4 mile to get to the site, and will most November 20, 2007 Page 6 likely invite friends and neighbors to join them as they discover its charm. Councilmember Krebsbach said she is concerned about people who may not be able to get access to the spectacular views. Councilmember Krebsbach said she likes the plan because there is no interpretive center as everybody will understand the power of this site. Mr. Kullander said there are no plans to open an interpretive center, based on the restrictions of the grants. Councilmember Schneeman asked the representatives of Great River Greening to talk about the hibernaculas. Mr. Wiley explained how, with the two homes on the site, they will be able to inexpensively create the snake hibernaculas on these grounds for common snakes. Councilmember Duggan asked for an explanation of the costs. Mr. Kullander said the projections that Great River Greening did are pretty accurate and the numbers added up are large, but there are opportunities to gain a lot of funding grants. Mr. Kullander said Great River Greening helped a lot in getting those grants, and they have factored in a percentage /estimate of what would be the opportunities from 10 to 15 percent of covering the City's costs for the different improvements. Mr. Kullander explained that there will be a big spike next year ($30,000 to $40,000) for preparation of the site and then the following year, it will drop down to about half of that. In the year following that, it will bounce back up to about $50,000 as more of the construction and extensive restoration takes place. Councilmember Duggan asked if there will be any other organizations, foundations, or groups that could be approached for funding or support. Mr. Kullander said the Council made an excellent choice in selecting Great River Greening, which is a non - profit group that does a lot of fundraising from foundations and individuals. This organization puts that money back into restoring a lot of projects along the river. This is a conduit that the City is going to be relying on. Ayes: 5 Nays: 0 NDC4 WEB STREAMING November 20, 2007 Page 7 Councilmember Duggan congratulated Mr. Kullander and Great River Greening for the excellent report that has been submitted. Councilmember Vitelli moved to authorize execution of the "Review and Approval Agreement" of the Pilot Knob Hill Phase II Natural Resource Management Plan. Councilmember Duggan seconded the motion. City Administrator Jim Danielson said web streaming is a new type of technology that allows government meetings to be broadcast over the internet. Public Works Director McDermott demonstrated this process via internet connection to give the audience a feel for what this looks like. Ms. McDermott connected to a city council meeting for the City of Burnsville. Web streaming allows residents to view the meetings during the actual meeting time, or they can call up the meeting on demand. Many of the cities in the metro area are switching to this service. Mr. Danielson said he and Mr. Sedlacek have been meeting with NDC4 to talk about this. Inver Grove Heights is talking about doing it next year. It is not yet known what the intentions of South St. Paul and West St. Paul are, and it is difficult for those two cities because as they are not bankrolling their money from NDC4 every year, they have to budget for this. Mendota Heights has a separate fund and can take their share of the cost out of that fund and not impact the general fund at all. Mr. Dennis Rafftery, Government Coordinator for NDC4, submitted a report describing what could and would be done. All the other cities in northern Dakota County are interested in doing this. Mr. Rafftery reviewed his report and talked about the technical aspects of this venture, and explained how the meeting can be accessed in part or all, depending on what people want to see, i.e, selecting just a certain part of the meeting of particular interest without having to watch the whole meeting. Mr. Rafftery talked about meeting archival, in which cities can have their meetings stored up to a year. Cities can pay an extra $10,000 for a meeting vault to store past meetings beyond that. Most cities have decided not to go that route. November 20, 2007 Page 8 Mr. Rafflery explained that Staff will have to submit agendas in time to be put on the web. The city has to provide basic internet control so that the cable caster can get into this interface to link agenda topics with the backup materials. Councilmember Vitelli asked if the tape people see is the same as the live meeting. Mr. Rafftery said it would. Councilmember Vitelli asked how long after the actual meeting will the web cast be available. Mr. Rafflery said that depends on the length of the meeting. Mr. Rafflery said there is about a one - minute delay while viewing the actual meeting. Mayor Huber asked if PowerPoint presentations could be a link. Mr. Rafflery said people will be able to link to these presentations. Councilmember Vitelli asked if the price will come down after a few years. Councilmember Vitelli asked Mr. Danielson if there will be available staff. Mr. Danielson said there will be. Mr. Rafftery said they will be mirroring after SWCTC.org (South Washington County Telecommunications Commission). Mr. Rafflery said the City of Mendota Heights will need to give NDC4 an internet link to allow the cable casters to control the agenda and links. Ms. Jodie Miller reviewed the cost of these services. The monthly fee will cover all the meetings the city wishes to broadcast. Ms. Miller said a part time employee will be hired to work with the cities. Ms. Miller said it is anticipated that a lot of the programming that the cities have on the NDC4 channel or other videos can be posted as well (public health training, police and fire department videos, etc.) Ms. Miller said the total cost for NDC4 is approximately $30,000 to $40,000 per year, sharing this cost with 4 cities. Ms. Miller said all four cities are interested, and it will be a matter of timing at this point when the cities will be prepared to join in. November 20, 2007 Page 9 Councilmember Vitelli said he supports this as it is a service to residents, allowing residents to view the meetings for information when it is convenient for them. Councilmember Vitelli moved to approve this program assuming a $9,000 cost and that this be funded from the franchise fund. Councilmember Schneeman seconded the motion. Councilmember Krebsbach asked if this will still be a public domain. Ms. Miller said all the files will be owned by the City, and NDC4 will be reviewing their video policy, which was last updated in the early `80's. An updated policy will be brought before all the cities for review. Ms. Miller said it is important to still have the actual minutes on record, and that the City adhere to the Minnesota Data Practices Act and there is a process in place. Councilmember Krebsbach asked if Granicus could sell the videos to another party after the year is over. Ms. Miller said she believes the City will have the copyright for the videos and this will be addressed in the contracts. Councilmember Krebsbach said this will give the opportunity for residents spending time in other states, such as Florida or Arizona for the winter, to keep in touch with the meetings. Ms. Miller said there are also benefits for residents that live in the community, but work in another. Mr. Rafftery said the response he received from Granicus is that the City holds the rights to the videos and Granicus has no rights to the materials unless expressed in written form by the City. Granicus owns the rights to the software and delivery methods. Ayes: 5 Nays: 0 DECEMBER MEETINGS Because of the holiday season, it has been the City's practice to cancel the commission meetings. Mayor Huber said the next City Council meeting is scheduled for January 1, 2008, which is New Year's Day. Staff suggests canceling this meeting unless there is some urgent reason that the Council has to meet. November 20, 2007 Page 10 Councilmember Krebsbach suggested to have a backup meeting date — perhaps Wednesday, January 2nd. Councilmember Vitelli moved to cancel the next City Council Meeting scheduled for January 1, 2008, and the City's commission meetings for the month of December, 2007. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Duggan wished everyone a Happy Thanksgiving. ADJOURN Ayes: 5 Nays: 0 Councilmember Krebsbach said she received a call regarding the parking ban and asked if the City Council would consider permitting. Councilmember Krebsbach said the Council should look at how this ban is working for residents. Councilmember Schneeman said she received the same phone call. Councilmember Duggan asked if the home would have a sign in the yard. Councilmember Krebsbach said it would. Councilmember Duggan expressed his concern for having numerous signs around the city. Councilmember Schneeman asked that the City Council not discuss this issue at this time. Councilmember Schneeman said she has received nothing but compliments on the NURT Trail. People are very happy with it and it's very beautiful. Councilmember Vitelli said he met with Ross Fefercorn and things are going well at the Village at Mendota Heights. Councilmember Vitelli infoiiued the audience that on Saturday, December 1st, there will be a tree lighting ceremony at the Village and everyone is invited. There being no further business to come before the Council, Councilmember Vitelli, moved to adjourn to the Truth in Taxation Meeting on December 3rd at 7:30 pm. Councilmember Schneeman seconded the motion. Time of Adjournment 9:00 p.m. ATTEST: November 20, 2007 Page 11 Recording Secretary