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2007-10-16 City Council minutesOctober 16, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 16, 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 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 Vitelli asked to have an item added to the agenda to discuss the noise of the aircraft turning left much too soon. Mayor Huber asked to have an item added to the agenda to discuss Mendota Plaza. Councihnember Schneeman asked to have an item added to the agenda to discuss the Robert Street Corridor project. Councilmember Duggan moved adoption of the agenda as presented with these three additions. Councilmember Krebsbach seconded the motion. Councilmember Duggan moved to approve the minutes of the October 21, 2007 City Council Meeting as corrected. Commissioner Schneeman seconded the motion. Ayes: 4 Nays: 0 Abstain: 1(Councilmember Duggan) CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar as presented, pulling Items h, j, n, and r for further discussion and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the September 11, 2007 Airport Relations Commission Meeting. b. Acknowledgement of the Minutes from the September 25, 2007 Planning Commission Meeting. c. Acknowledgement of the Minutes from the October 9, October 16, 2007 Page 2 2007 Parks & Recreation Commission Meeting. d. Acknowledgement of the NDC4 Meeting Minutes and Agenda. e. Acknowledgement of the Treasurer's Report from September 2007. f. Acknowledgement of the Fire Department September 2007 Monthly Report. g. Acknowledgement of the 16th Annual Fire Awards. h. Acknowledgement of the Par 3 Financial Status. i. Authorization for Halloween Bonfire. j. Authorization to Execute Purchase Agreement for Acacia Site. k. Approval to Reschedule the start of the November 6 Council meeting to 8:00 p.m. 1. Approval of Insurance Renewal. m. Approval of Police Service Contract. n. Approval of Sign Permit for Curley Furniture Store. o. Adoption of Ordinance No. 415, "AN ORDINANCE AMENDING TITLE 7 CHAPTER 2 OF THE CITY CODE." p. Adoption of Resolution No. 07 -103: "A RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB NUMBER 200516 - RAIN GARDENS." q. Adoption of Resolution No. 07 -104 "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF $31.00 TO THE CITY OF MENDOTA HEIGHTS FOR PARK IMPROVEMENTS." r. Adoption of Resolution No. 07 -105: "A RESOLUTION AUTHORIZING A TERMINATION OF CONTRACT FOR PRIVATE REDEVELOPMENT FOR MENDOTA HEIGHTS OFFICE CONDOS." j. Approval of the List of Contractors dated October 11, 2007. k. Approval of the List of Claims dated October 12, 2007 totaling $894,520.01. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 ITEMS PULLED Mayor Huber asked to pull Item h. and said the City Council needs to consider how long to keep the Par 3 open for the rest of the year with the winter months coming. Councilmember Duggan said included in that discussion October 16, 2007 Page 3 should be the consideration of possible costs exceeding income by a 3 to 1 ratio or a 2 to 1 ratio depending on when it is shut down. Councilmember Duggan moved to approve the Par 3 Financial Status report as presented. Commissioner Schneeman seconded the motion. Councilmember Duggan asked to pull Item j. and talked about the two existing homes on this property. Councilmember Duggan said he wants to make it clear that these homes will be demolished and removed by the owner of the property, not the City. The City is in no way connected with this activity. Councilmember Duggan said he is concerned about any artifacts found during the removal of these homes, and any possible contamination of the soil that may occur. Councilmember Duggan moved to authorize execution of the Purchase Agreement for the Acacia Site as presented. Commissioner Schneeman seconded the motion. Councilmember Duggan asked to pull Item n. and said he wanted to make sure this sign will not be electronic. Councilmember Duggan moved to approve the Sign Permit for Curley Furniture Store as presented. Commissioner Schneeman seconded the motion. Mayor Huber asked to have Item r pulled and asked Assistant City Administrator Jake Sedlacek for an update. Mr. Sedlacek said it was brought to Staff's attention that there are some outstanding legal and engineering fees in relation to the redevelopment agreement and Staff is suggesting that the document be revised to read "now therefore be it resolved to execute the termination of contract for private redevelopment with the following conditions: Moen Leuer pay all outstanding engineering and legal fees. Councilmember Duggan moved to adopt Resolution No. 07- 105: "A RESOLUTION AUTHORIZING A TERMINATION OF CONTRACT FOR PRIVATE REDEVELOPMENT FOR MENDOTA HEIGHTS OFFICE CONDOS." Ayes: 5 Nays: 0 PRESENTATIONS BRIAN CONVERY BID AWARD October 16, 2007 Page 4 Commissioner Krebsbach seconded the motion. Mayor Huber recognized the volunteer efforts of Matthew Kronschnabel, 879 Crown Circle, who is working on his Eagle Scout Badge. Mr. Kronschnabel spoke on how he obtained donated materials and volunteers to scrape and repaint the boards at the parks' hockey rinks. Mayor Huber and the City Council members thanked Mr. Kronschnabel for his excellent leadership and work. Police Chief Aschenbrener introduced Police Officer Brian Convery and asked for him to be sworn in as a new Sergeant. Police Sergeant Donn Anderson recently retired in May, and since that time, the Police Department, with the help of the City Council, went through the process of filling that vacancy. Police Chief Aschenbrener gave a brief introduction for Office Convery, stating all of his accomplishments. Police Officer Brian Convery read the Code of Conduct and Mayor Huber then swore him in as a new Police Sergeant for the City of Mendota Heights. Operations and Projects Coordinator Guy Kullander introduced proposed play equipment upgrades in Roger's Lake Park. Mr. Kullander shared photos of the existing timbers that line the playground, which are beginning to splinter and decompose. Mr. Kullander said the existing play equipment is structurally sound, and is grandfathered in and does not need to conform to current standards and safety guidelines. The cost to replace the timbers is estimated at $8,000 to $10,000. The Park and Recreation Commission looked at replacing the play equipment, because it is 18 years old, with a newer type of equipment that consists of cabling and thicker elements. The idea is to save the existing swing sets which are still in very good condition, take out and replace the old border, take out old wood fiber chips and replace them, save the existing equipment and add the newer equipment. Mr. Kullander said this whole area is also handicap accessible. The Park and Recreation Commission has recommended the funding come from the Park Maintenance Budget ($5,000), Special Park Fund ($26,500) and the Cell Tower Fund ($26,500). October 16, 2007 Page 5 Mr. Kullander said the equipment will come from Earl F Anderson, which has proven to be very durable equipment, as is the existing playground equipment which was also purchased from this vendor. Councilmember Krebsbach asked how much usage this park gets. Mr. Kullander said this is not a typical neighborhood park, but one that has a fishing dock, and most people drive here to use the park. Large gatherings are usually held at this park. Councilmember Schneeman said she was told by a young man that the skate park is the best kept secret in the Twin Cities, and is well used by residents of Mendota Heights as well as other communities in the area. Councilmember Duggan moved to award the bid for the Roger's Lake Park Playground Improvements to Earl F Anderson, for the amount not to exceed $58,000.00. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 AT &T CELL TOWER LEASE Mr. Sedlacek said the representative was expected to fly into town for this meeting, but has not yet arrived. Mayor Huber said this item will be held until later in the evening when that representative has arrived. RV SCREENING Mr. Sedlacek said the City has an ordinance to address the storage of RV's in the city. This ordinance is somewhat vague in terms of what screening is required. There is an issue on Victoria Road between two neighbors, and the owners of the RV are in the audience at this tune. Mr. Sedlacek said there was a previous recommendation to the owners to provide proper screening, which they did not meet, and the neighbor that has to view the RV from his home is unhappy with the view and is looking to the City Council to provide Staff with a better definition for screening. Mayor Huber said this ordinance requires adequate screening, and in this case, the trees that are in there now are not providing adequate screening. October 16, 2007 Page 6 Councilmember Schneeman asked if the RV owners could place some berming underneath a fence to give the fence more height. Mr. Sedlacek said the fence has to be from the average grade. Councilmember Schneeman said this case is different in that most cases, the RV's are parked between two neighboring garages, where they can't be seen from the neighbor's windows. Councilmember Duggan said to adequately screen a 10-ft RV, one would need at least 6-ft trees. The City agreed to 4- ft. trees a few years ago, and these trees have not adequately screened this RV. Councilmember Duggan suggested that the City require the RV owners to do whatever it takes to provide sufficient screening by the end of this fall as the soil will still be warm enough to plant new trees. This issue has been going on for two years, and it needs to be resolved. Councilmember Duggan moved to instruct the owners of the RV to place 4-ft arborvitae planted there this fall to the neighbor's satisfaction. Mayor Huber said he does not care what type of plant it is, but they should be trees that will grow quickly. The bushes that are in there now are not complying with what the City has required. Councilmember Vitelli said he is in total agreement with Councilmember Duggan's motion, and would like to make a friendly amendment to require 6-ft trees, as it would better screen the RV. Councilmember Duggan accepted that friendly amendment. Mr. Sedlacek said the spacing between the plantings could also be an issue and would like more clarification on this in the motion. Councilmember Duggan suggested this recommendation could come from a landscaping professional. Councilmember Vitelli said he is comfortable with the plantings at 3 feet apart. Mayor Huber asked City Attorney Tami Diehm if she had any concerns. Ms. Diehm said she thinks the Council needs to ensure that the screening is adequate and since adequate is not specifically defined in the code, it is up to the Council to Ayes: 5 Nays: 0 HAGSTROM-KING PARK October 16, 2007 Page 7 determine and give direction to Staff as to what they feel would be adequate. Councilmember Krebsbach seconded the motion. Councilmember Vitelli said he would like to see regular reports in the packets regarding the process of this case. Councilmember Vitelli asked if there would be any penalty for lack of compliance/satisfaction of this case. Mr. Sedlacek said noncompliance would be a misdemeanor. Councilmember Vitelli asked if there should be a specific date that this work needs to be done by. Councilmember Duggan said his motion specified this fall. Councilmember Vitelli said he is comfortable with that. Mr. Kullander reviewed a proposal to install fencing around a ballfield at Hagstrom-King Park in 2008. The Parks and Recreation Commission voted 5-0 to recommend the City Council direct Staff to prepare plans, specifications, and contract documents seeking bids for this project. The estimated total for this project is $34,000 including 10% contingency. Councilmember Duggan said he believes if he were a resident in this area, he would be uncomfortable with the 8- ft. fence, and would consider a 6-ft. fence reasonable. Councilmember Duggan said he would like to allow the neighborhood to review this proposal and get some feedback from them. Councilmember Vitelli said Staff could get proposals for both 6-ft and 8-ft fences, and then have a resident meeting. Mr. Kullander said the Park and Recreation Commission has been planning on having an open house for a combination of Rogers Lake Park proposed improvements, as well as the Hagstrom-King and Friendly Hill Marsh Park. Mr. Kullander explained how the 8-ft fence would be safer in deterring people from jumping up to catch a ball, or climbing over the fence. With a 4-ft. or 6-ft fence, special padding would be needed and that would be more expensive than October 16, 2007 Page 8 putting in the 8 -ft fence. Mr. Kullander said there are also options with galvanized, green vinyl or black vinyl. Councihmember Krebsbach moved approval to direct Staff to obtain bids for both 6 -ft and 8 -ft heights. Councilmember Schneelnan seconded the motion. Ayes: 5 Nays: 0 FRIENDLY MARSH PARK Mr. Kullander reviewed an aerial view of Marsh Park and reviewed a concept plan to construct a new football field. The Public Works maintenance crew feels a new field would help allow other fields to "rest" for turf rehabilitation. Other uses considered were for Lacrosse and Soccer. Mr. Kullander said this park is the only one that has the needed size, and this park would incur the least disruption. Councilmember Duggan asked where this park is on the priority list. Mr. Kullander said it was on the list of 37 and when splitting up for several different projects over the next five years, this park was rated near the top. Councilmember Duggan said $80,000 used to develop this park is a lot of money. Mayor Huber said with paving the parking lot, it could be about $100,000. Councilmember Krebsbach said there would also be a need for maintenance in this park. Mr. Kullander said city workers are already mowing it. Councilmember Krebsbach said this is something the community needs to discuss further. Mr. Kullander said Staff would like to proceed with a feasibility study to come up with a film cost estimate. This would be available for the open house to better answer resident's questions. Mayor Huber said such improvements would most likely add traffic to an otherwise quiet street, and residents on Apache may be concerned. Mayor Huber said he wonders if there is a real need here before the City gets the residents worked up. Councilmember Krebsbach said it is important to consider the character of the neighborhood, and expressed some concerns about the relationship with nearby Mendota Plaza. PARK & REC COMMISSION Ayes: 5 Nays: 0 AIRPLANE NOISE October 16, 2007 Page 9 She would not accept an entrance through Friendly Hills and would recommend that the entrance be through the Mendota Plaza if this were to go forward. Councilmember Krebsbach suggested this plan be put on hold until after the work on Mendota Plaza is finished. Mr. Kullander said that would give opportunity to work with the plans for Mendota Plaza and any CDA future development. Councilmember Vitelli said he would recommend that the Park and Recreation Commission bring forth more compelling data on the need for this work. Mayor Huber commended Cointnissioner Brian Hallman on the contributions he has made to the Parks and Recreation Commission, but stated that because of his scheduling conflicts as an MHAA coach, the commission recommended that Mr. Hallman be dismissed from the commission. Councilmember Duggan moved to open the position on the Park and Recreation Commission, dismissing Commissioner Brian Hallman as recommended, and to direct Staff to send a letter to Mr. Hallman, and to advertise for the vacancy. Councilmember Schneeman seconded the motion. Councilmember Vitelli expressed his concern about airplanes turning to the north in the area of Lexington Avenue, and the noise levels that come with it. For about two or three weeks, the planes have been turning above the Ivy Falls neighborhood. Councilmember Vitelli said this is a complete disregard of the rules that were established with the FAA. These airplanes have been doing this every night for the past few weeks from 5pm to 1 l pm. Councilmember Krebsbach said the ruling was that planes were to stay south of Highway 110, and because of the construction on 12R, there was some anticipation of additional traffic over Mendota Heights. Councilmember Krebsbach said this point was well made and they should not have changed their turning pattern. MENDOTA PLAZA October 16, 2007 Page 10 Councilmember Krebsbach said there has been an exchange of letters from Representative Hanson to the FAA regarding Eagan's concern on the use of the north/south runway, which was only going to be used to accommodate higher traffic, not a different noise distribution. Councilmember Krebsbach said she served on the zoning board that approved the north/south runway, and at the beginning of the discussion, Eagan chose to take a neutral position because they were not sure of the legal standing of the zoning board, and they also were not sure what kind of implications there would be should the MAC be sued by property owners in Bloomington for changing the zoning. Now they are concerned that they are getting noise over parts of their City. Councilmember Krebsbach sent a letter to Representative Hanson with the history of Mendota Heights' participation. Councilmember Krebsbach said there should not be any slippage in the use of the north/south runway and Mendota Heights should not be adversely affected by it, and with the construction of 12R, it is understood that there would be more flights, but they should not be turning over Mendota Heights. Councilmember Vitelli suggested that Mendota Heights request that Liz Petschel of the Airport Relations Commission, along with representatives of MAC or FAA attend the next Council meeting to give reports and data that will definitely show the left turns. Mr. Sedlacek said this position has already been given to FAA. ARC picked up on this awhile ago as the noise has been the worst ever in Mendota Heights because of these planes turning. MAC has a noise oversight committee that brought this to NOC's attention. Carl Rydeen has been asked to make a presentation to the noise oversight committee and has given detail about the newer planes being able to turn quicker and newer traffic controls that do not understand the point of turning before getting into the gate. Mr. Sedlacek will arrange for these representatives to attend the next City Council meeting. Mayor Huber asked if Council would be agreeable to include a Planning Commissioner in future joint meetings with the Mendota Plaza owners. The Council was in agreement to October 16, 2007 Page 11 this and directed Mr. Sedlacek to bring this to the next Planning Commission meeting to find a representative. ROBERT STREET CORRIDOR Councilmember Schneeman said the Robert Street Corridor Group expects the population to grow by 30% by 2030, and it is very important to get the cities and the county to work together on this. AT &T CELL TOWER Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Huber asked to have table discussion on this agenda item to the next meeting as the representative did not make the meeting. Councilmember Duggan moved table discussion of the AT &T Cell Tower until the next City Council meeting. Councilmember Schneeman seconded the motion. Councilmember Vitelli said the Par 3 results for this summer show that revenue exceeded cost by $62,000. Councilmember Vitelli said he estimated monthly expenses at about $5,000 per month, which could reduce this $62,000 by $35,000 by winter, and this is looking very positive. Councilmember Vitelli said he sees a lot of improvement in activity at the businesses in the Village and that the Sage Market is seeing a lot of activity. Councilmember Schneeman spoke about a flock of wild turkeys in the area. Councihnember Krebsbach spoke of all the bicyclists in the area, and that she had attended the 50th anniversary of the Methodist Church on Highway 110. Councilmember Duggan congratulated Commissioner Joe Lally as newly elected Planning Commission Chair, and to Commissioner Mike Povolny as newly elected Planning Commission Vice Chair. Councilmember Duggan congratulated Bernie Friel for being the featured artist for the Dodge Nature Center, donating proceeds to the DNC, and for being a 39 -year survivor of a heart attack, and spoke about his most recent trips. ADJOURN Ayes: 5 Nays: 0 October 16, 2007 Page 12 Councilmember Duggan gave an update on the new trail work and the affect it is having on the residents in that area, and some of the road improvements. There being no further business to come before the Council, Councilmember Duggan, moved to adjourn. Councilmember Schneeinan seconded the motion. Time of Adjournment 8:50 p.m. Rebecca S er ATTEST: Recording Secretary