Loading...
2006-05-16 City Council minutesPage No. 1 May 16, 2006 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 16, 2006 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 Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting, amended to add discussion scheduling of the Council Chambers. Councilmernber Vitelli Schneeman seconded the motion. Ayes: 5 Nays:0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on April 18, 2006. Councilmeinber Krebsbach seconded the motion. Ayes: 4 Abstain: 1 Duggan Nays: 0 Councilmember Duggan moved approval of the minutes of the regular meeting held on April 18, 2006 as amended. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items 6j, Xcel purchase agreement, 6k, community gardens, and 61, parking restriction ordinance amendment, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the May 9, 2006 Parks and Recreation Commission meeting. t b. Acknowledgement of the April Treasurer's Report. Page No. 2 May 16, 2006 c. Acknowledgement of NDC4 Meeting Agenda. d. Acknowledgement of the Building Activity Report for April. e. Acknowledgement of Fire Report for April. f. Authorization for the issuance of a purchase order to Twin Cities Mack & Volvo for a Single Axle Dump Truck for $43,680.98 and the issuance of a purchase order to J -Craft for a plow, wing, sander, warning lights and hydraulics for $66,283.47. g. Authorization for issuance of a purchase order to General Repair Service for $3,125.25 for repairs to the Mendota Heights Road lift station pump. h. Acknowledgement of the Status Report for the county's 2006 Open Book Meetings. i. Adoption of RESOLUTION NO. 06 -33: "RESOLUTION RECOMMENDING COUNCIL MEMBER SANDRA KREBSBACH BE APPOINTED TO THE LEAGUE OF MINNESOTA CITIES BOARD OF DIRECTORS." j. Approval of ORDINANCE NO. 409, "AN ORDINANCE .AMENDING SECTION 6 -2 -2, TITLE 6, OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS CITY PARKING REGULATIONS BY PROVIDING FOR THE RESTRICTION OF ON- STREET PARKING BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M." k. Approval of Resolution No. 06 -34, "RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON 2006 IMPROVEMENT PROJECTS." 1. Approval of Resolution No. 06 -35, "RESOLUTION TERMINATING LEASE NEGOTIATIONS WITH T- MOBILE USA FOR CONSTRUCTION OF TELECOMMUNICATION TOWER IN WENTWORTH PARK" AND MOTION ACCEPTING T- MOBILE'S WITHDRAWAL OF THEIR ZONING APPLICATION FOR PLANNING CASE NO. 06 -10." m. Acknowledgement of an update on planning efforts for the 50th Anniversary and Parks Celebration. n. Approval of Resolution No. 06 -36, "RESOLUTION .ESTABLISHING ELECTION PRECINCT POLLING PLACES." o. Approval of the list of contractor licenses dated May 16, 2006. p. Approval of the list of claims dated, May 16, 2006, and totaling $250,067.58. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 XCEL ENERGY LAND Council acknowledged a memo from Engineer McDennott Page No. 3 May 16, 2006 PURCHASE REQUEST regarding a request from Xcel Energy to purchase a parcel of city owned property in Valley Park. Engineer McDermott explained that Xcel is upgrading its gas line that runs through Valley Park. The city would retain easements for trail and sanitary sewer. The city attorney has reviewed the proposed purchase agreement and recommended some revisions. Councilmember Krebsbach asked why the city is selling the land. Administrator Danielson responded that Xcel needs to put some pipes through it and either needs to buy the land in fee or pay for an easement. If they buy the land they will pay taxes on it and it will remain as open space. Engineer McDermott informed Council that the land area that would be acquired is about 32,000 square feet but with all the easements subtracted it ends up to be about 10,000. The property has been appraised. It is not a buildable piece of property and it is land locked. It is zoned R -1 and guided for park. Councilmember Krebsbach stated that before this is finalized, Council should know what the city will be getting in taxes and what the city would get for an easement versus sale. Councilmember Schneeman stated that if it is sold, at least the city would be getting something for it and it will go back on the tax rolls. Xcel would be using it either way. Councilmember Duggan asked Councilmember Krebsbach if she is asking staff to do a comparison between an easement agreement versus the sale of the property. Councihmeraber Krebsbach stated yes, along with information on what the taxes would be. Councilmember Vitelli stated that the question that was not answered was why Xcel wants to pay $24,000 if they could achieve their objective and not spend money. Mayor Huber responded that Xcel would have to pay the city for an easement. Administrator Danielson stated that it is a good question, but staff thinks it is smart to sell the land. An easement would look the same Page No. 4 May 16, 2006 and be the same but the city will not have $24,000 or the annual taxes. Councilmember Vitelli did not think that $24,000 is a lot of money for the land but it is reasonable since the land is not buildable. Councilmember Duggan asked what the city was paid for the land it sold to the Mendota Plaza last year. Engineer McDermott responded that it was about $11,000. Further discussion was tabled to pending receipt of additional information from staff. COMMUNITY GARDENS Council acknowledged a memo from Operations & Projects Coordinator Guy Kullander regarding a request from two residents to use a small portion of Ivy Hills Park for individual vegetable and/or flower gardens. Mayor Huber stated that the concept is fine but he is sensitive about this because of the T- Mobile cell tower issue and the residents concerns about having a private party use city parks. He would like to hear more about the request before doing anything this year. Just the concept of having a private party use parkland for something other than a park needs further discussion. Councilmember Schneeman asked if Council would support the people asking to use Ivy Hills Park since it is getting late in the season and it will be too late for them to plant if the decision on their request is postponed.. She stated that people in the neighborhood used to do flower plantings in the park and it was beautiful. Councilmember Krebsbach responded that she voted against T- Mobile's request because she does not want any private use of the parks. Councilmember Duggan stated that there is a private garden area on Hamline that he used to pass by and he likes the idea of allowing gardens in the parks but at the end of the season there were always huge mounds of dirt in the gardens. He agreed with the Mayor that a decision should be delayed until there can be further discussion and reasonable rules can be established. Mayor Huber moved to refer the matter back to the Parks and Recreation Conunission for further discussion and recommendation. C Page No. 5 May 16, 2006 Councilmember Vitelli informed Council that he received a complaint last week from a resident in the Ivy Falls Townhouses about the appearance of Ivy Park. Mr. Kullander and someone from the Parks and Recreation Commission will go look at the park and around the pond area, in particular, to define what residents can expect. He felt that Council should ask Stan Linnell to look at it with regard to prairie grass and around suggested that this matter of what residents should expect about how the park should look should be coupled with the private garden issue for Parks and Recreation Commission consideration. PARKING ORDINANCE Council acknowledged a memo from Administrator Danielson, Police Chief Aschenbrener and Engineer McDermott regarding a proposed ordinance amending the parking regulations by restricting on- street parking. Mayor Huber informed the audience that the proposed ordinance restricts parking between 2:00 a.m. and 6:00 a.m. throughout the city. Council discussed this issue at a workshop and a suggestion was put forth to ban parking during those hours unless a resident received prior approval from the Police Department. The parking restriction is in relation to some parking issues that have occurred in two areas in the city. He stated that there is no way he would approve the ordinance. Councilmember Schneeman moved adoption of Ordinance No. 409, "AN ORDINANCE AMENDING SECTION 6 -2 -2, TITLE 6, OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS CITY PARKING REGULATIONS BY PROVIDING FOR THE RESTRICTION OF ON- STREET PARKING BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 1 Huber AGENDA REVISION Councilmember Krebsbach moved to add Item I0e, discussion on the plans for the 50a' Anniversary Celebration, to the agenda. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 HEARINGS: 3.2 MALT Council acknowledged a memo from the City Clerk regarding LIQUOR LICENSES applications from Speedway SuperAinerica 4516 and 4521 for renewal of their 3.2 malt beverage off -sale licenses and from Par 3 ( Golf for renewal of its on -sale 3.2 malt beverage license. Page No. 6 May 16, 2006 Mayor Huber opened the meeting for the purpose of a public hearing on an applications from Speedway SuperAmerica LLC for renewal \ of its 3.2 malt beverage off -sale licenses for Speedway SuperAmerica #4516 and #4521. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Vitelli moved that the hearing be closed. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to grant renewal of a 3.2 malt beverage off -sale licenses to Speedway SuperAmerica #4516 and #4521. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mayor Huber opened the meeting for the purpose of a public hearing on an application from Mendota Golf LLC for renewal of their 3.2 malt beverage on -sale license for the Mendota Heights Par 3. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Vitelli �.. moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to grant renewal of an on -sale 3.2 malt beverage license to Par 3 Golf, Inc. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ST. THOMAS ACADEMY Council acknowledged a memo from Administrator Danielson WATER QUALITY STUDY along with the St. Thomas Academy Environmental Studies class report on Rogers Lake water quality. Mr. Tony Kinzley, the class instructor, and several cadets were present. Mr. Kinzley thanked Council for the opportunity to present the findings. He stated that the data is student -driven and student - analyzed. In their presentation, the students will focus on the overall average data on Rogers Lake. Page No. 7 May 16, 2006 Cadet Patrick Scanlon explained what the students do in the testing and data collection process. Cadet Tony Soberg described the test sites and listed the ten tests that are performed. Cadet James Haney reviewed a chart comparing testing results over the years. The water quality has stabilized and has begun to take a positive rise. This year all of the numbers are in the normal range and, overall, everything is consistent and good. Fecal coliform levels have been dropping. He reviewed the chemical data monitoring form and how a water quality rating is determined. Cadet Bobby Taylor informed Council that, considering everything, the lake is in very good shape. It is important to create a ten to fifteen foot width of wild growing buffer to stop the infiltration of phosphates and nitrates in a natural way. Also, proper disposal of yard waste is important. The students are working on a pamphlet for the people living around the lake to help improve the quality of the water. Counciimember Vitelli complimented the students on a very good briefing. Councilmember Krebsbach stated that Rogers lake had at one time ' been known as having swimmers itch. She asked if that had been tested and if it has improved. Cadet Taylor responded that the students have not tested for swimmer's itch so they have no data to support or deny that it has improved. ROGERS LAKE VEGETATION Council acknowledged a memo from Engineer McDermott regarding MONITORING Rogers lake aquatic vegetation monitoring. Engineer McDermott informed Council that in August, 2005 she received a complaint from Mr. Doug Hennes, a residence on Rogers lake, regarding excessive aquatic vegetation that was so bad that birds and turtles were walking on top of the mat of vegetation on the east side of the lake. The DNR visited the lake to see what kind of vegetation it was and determined it was too late in the season to do any we've removal. Staff met with some of the interested residents from Rogers lake on May 10 and it was clear everyone wants to work together to do what is best for the lake rather than individual property owners trying to control the weeds in front of their property. It was decided that the best course of action would be to monitor the weed growth this year to see if last year was just a fluke or any one time occurrence or if this is going to become an ongoing problem. Mr. Hennes met with Steve McComas, owner of Blue Water Science, Page No. 8 May 16, 2006 who is very well known in the field of lake studies, and he has quoted a fee of $3,000.00 to $5,000.00 to monitor the situation this year and make recommendations on a course of action for next year and the future. Mr. Hennes has requested from all of the residents on Swan Drive that they help support the cost and Visitation School has agreed to contribute as well. The city owns Rogers lake park and staff proposes that the city contribute %2 of the cost not to exceed $2,000.00 with the condition that Mr. Hennes or one of the other residents is responsible to raise the remainder of the funding. She would like to review the scope of services as well before entering into a contract. Mayor Huber stated that there was a considerable amount of vegetation on top of the lake. It is also believed that the algae that was on top of the vegetation created quite an odor. Mr. Hennes, 2351 Swan Drive, stated that he has lived in their since 2003. In 2004 there weren't many weeds but in 2005 it was just terrible. His neighbor has lived in his home for 40 years and said he has never seen another season like last year. By early August the weeds had massed to appoint where it was like it was composting itself and it really smelled terrible. The homes on Swan seem to be the most affected. He spoke with the owner of Blue Water Science - and he said the best thing to do is monitor it for a year and see what should be done. Mayor Huber stated that being reconunended agreement is that the city pay 50% of the study cost not to exceed $2,000.00. There is no commitment from either side on how the costs would be shared going forward. Councilmember Vitelli stated that he is inclined to support the request but asked what the cause of the problem is and whether the same problem is occurring in the park area. Engineer McDennott stated there was quite a bit of growth in the park area as well. The weed is called Canada Waterweed. The winter of 2004/5 was relatively warm without a lot of snow cover and the DNR thinks that could have contributed to much of the growth. Council member Vitelli stated that he has a lot of lake home and the weeds in front of his lake home are his problem. He asked if the city is setting a precedent here because there are other lakes and asked if this is a public issue or a private one. Page No. 9 May 16, 2006 Mayor Huber responded that what snakes Rogers Lake unique is that the city is a landowner along with the residents. If this was entirely surrounded by residents or private business owners and the city had no lakeshore he could understand what Councilmember Vitelli is saying. In this case, the city is a landowner and owns part of the land under the lake, as do the residents. Councilmember Vitelli stated that he wants the uniqueness of the situation to be noted in the minutes so that it is clear that no precedent is being set. He does not want to get the City involved in a clearing weeds from every lake in town. He would like to see a commitment for the private attribution before entering into the agreement. Mr. Hennes stated that he is fine with that condition. Councilmember Duggan stated that all the lakes should be looked on as assets to the community. Council should establish a water management policy that goes to all of the lakes whether public or private. His question is what are the number of lakes in the community and if council is going to give the same consideration to all of those lakes if another group of owners and has the same concern for their lake. If the city is going to preserve the assets of the city, including water bodies, it needs to consider a water management meant policy as part of the overall city budget. The property owners should share in the cost. He asked if the study that will be done on Rogers lake can be applied to other lakes in the future as well so that studies do not need to be done on each water body if the same problem occurs in the future. Councilmember Krebsbach stated that if the city funds the $2,000 that does not imply that the city is going to be able to keep the lake at a clear quality. The nature of the lake may be that it will always have a weed problem. Mayor Huber stated that Council does not know what the consultant's ultimate recommendation will be, and there is no commitment from the city on how it may or may not participate in funding to implement any recommendation. Councilmember Duggan suggested that this should be considered an investment in learning more about one water body in the city. He suggested that perhaps St. Thomas would like to expand its water quality studies to include other lakes in the city as well. Page No. 10 May 16, 2006 Engineer McDermott informed Council that staff has been working on preparation of a surface water management plan for the past year and that will be coming to Council for final approval in June. It will address some of these issues. Councilmember Schneeman moved to authorize an expenditure from the Storm Water Quality Fund for one -half of the cost of Rogers Lake aquatic plant monitoring in an amount not to exceed $2,000 with the conditions that the residents and other shoreline owners contribute half the cost and that city staff review and approve the proposed scope of the work. Mayor Huber seconded the motion. Ayes: 5 Nays: 0 MENDOTA WATERMAIN Council acknowledged a memo from Operations & Projects Manager EXTENSION Kullander regarding a request from the City of Mendota for an extension of the city's watenmain to serve Lots 34 and 35, Beaudet's Addition in Mendota. Mendota Councilmember Steve Golias was present for the discussion. Engineer McDermott stated that in 2004 the city of Mendota requested approval from the city council of Mendota Heights to extend a water main along Highway 13 to serve a new three lot \, subdivision. Now an additional two lots have been approved for development by Mendota on adjacent property. There is an agreement between Mendota, Mendota Heights and St. Paul Water that says any extension must be approved by Mendota Heights. She has received letters of support from St. Paul Water and from Mendota's engineer. Mr. Golias stated the crucial thing is this is one more 160 foot step in the direction of looping the water main, which Saint Paul Water has been actively pursuing since 1995 when Mendota and Mendota Heights entered into the agreement. They are getting very close to bringing this critical piece of the loop together which serves a large portion of Mendota Heights also. Council member Krebsbach stated that one of her concerns is that Mendota Heights sent Mendota a letter December, 2005 expressing the city's concerns over development in this area and concerns about erosion and runoff. There was no response to the letter from the City of Mendota. Page No. 11 May 16, 2006 Mr. Golias responded that the letter was received by the Mendota Councilmembers last month. The mayor had received it but did not forward it to the rest of the council. The Mendota engineer is overseeing the project, which must adhere to all of the rules regarding storm water and run off, and this has also gone before the DNR for approval. Councilmember Krebsbach recommended tabling the matter until there is an official response from Mendota to the city's letter. She stated that Mendota Heights residents want an EAW on the development. Councilmember Krebsbach moved to the table action on the request until an official response to the city's December, 2005 letter is received from the city of Mendota. Councilmember Vitelli seconded the motion. Ayes: 5 Nay: 0 ACACIA PARK PROPERTY Council acknowledged a memo from Engineer. McDennott regarding ENVIRONMENTAL REVIEW a request from Minnstar Builders for environmental review for the Acacia Park property. Engineer McDermott informed Council that the city received a request from Minnstar Builders to complete an Alternative Urban Areawide Review in place of an environmental impact statement that the city determined was necessary for this property several years ago. She recently attended a seminar that discussed the differences between an AUAR and an EIS and has had several conversations with the Environmental Quality Board on the issue. Basically both of the reports can accomplish the same thing. An AUAR goes through the same questions an EAW does and it looks into all of the questions at the EIS level of detail. It also requires that a mitigation plan be prepared as part of the AUAR report and the mitigation plan would be an implementation plan for any type mitigation of any environmental impacts that may be caused. The AUAR can look at a larger area than just a specific site to be developed. She called the EQB today to ask if there is more benefit of one over the other and they responded that an AUAR isn't just a more direct route to get to the mitigation plan and an EIS is mostly an infonnation document and any mitigation would have to be addressed through another means. Attorney Diehin stated that the biggest difference is an EIS addresses a specific project proposal. An AUAR addresses the total area. Once Page No. 12 May 16, 2006 an AUAR is done for any project that is then presented or proposed within that area the environmental review is already done. An EIS looks at a specific project being proposed. An AUAR does the environmental review ahead of time for future projects that come before council and as long as the applicant can make the argument that it falls within the parameters of the AUAR no additional environmental review is done at that time. Mayor the Huber stated that since Council actually had a proposal before it previously, this seems to be more consistent with an EIS which is done for a specific project. Attorney Diehm responded that Council has the option to substitute an AUAR but is also just fine in taking the path it already started in requiring that an EIS be done. Councilmember Duggan asked if an AUAR assumes a specific proposal or if it is so broad that it does not take a specific proposal, and if so, why is that the case. Engineer McDermott responded that an AUAR can take a concept plan. It has more flexibility as far as the design of the site goes. An EIS looks at a specific proposal and would require that the detail of a % preliminary plat be submitted versus a concept plan. Councilmember Duggan stated that it was determined the last time that an EIS was necessary the last time and he cannot see what has changed. Councilmember Schneeman stated that she thinks an AUAR is for much larger pieces of property. She would like to see an EIS because Council put so much work and thought into making that decision and she feels comfortable with it. Councilmember Vitelli stated that it seems that the city's effort would be increased more with an AUAR than it would by considering a specific parcel and a specific proposal. He asked if there is any difference in who pays for the study. Engineer McDermott responded that the developer would pay for the AUAR or for the EIS. They had indicated they would pay for the entire area if an AUAR is done. Councilmember Vitelli stated that it seems that the even if an UAR is done it cannot get too large, so why not deal with a specific Page No. 13 May 16, 2006 proposal. It seems that an AUAR is a diluted effort since it does not deal with a specific proposal — it could be three story high density or townhomes and Council would not know what it was dealing with. He felt an EIS is the way to go, and with that Council would have a proposal in front of them. Councilmember Krebsbach stated that this is such a sensitive site that the city should require the process that recognizes the impacts on the specific at the site. Mr. Tim Bohlman, representing MinnStar Builders, stated that he attended a seminar two weeks ago that described the differences between an EIS and an AUAR. From what he learned, he felt that the AUAR was the logical way to proceed for this particular property. Pilot Knob could mean just the fifteen acres they are working on or it could include the city property and the private properties to the east and the MnDOT property or the private property along Pilot Knob. The main difference is that in this case they do the AUAR first to the same level of detail as an EIS. The difference is they would do the environmental study first and know all of the environmental factors before designing a project and the custom tailor a project to the site. The AUAR could include 100 acres, but it does not have to. MinnStar would be paying for either the EIS or the AUAR, so that is not a concern. It makes sense to get the environmental study out of the way before they design the project. This site really deserves the full consideration and evaluation first and then come up with a concept for a product. Since the last time he spoke with Council, he has taken some comments that he received from Council and city staff and also in conversations with other interested parties and has retained the services of Pathfinder Cultural Resources Managers who have very extensive knowledge of cultural aspect of the site. He had a preliminary meeting with Gail Llewelyn and Bruce White and Mrs. Brown to open the dialogue and get information so that the very important cultural aspect of the site is considered first. Mayor Huber responded that Council spent a great deal of time and effort and resources in a nine to ten month process to get to the EIS. He would be highly reluctant to move away from an EIS and very reluctant to change. Councilmember Krebsbach stated that she would not want to open this up to the AUAR process. Page No. 14 May 16, 2006 Ms. Gail Llewelyn, President of the Pilot Knob Preservation Association stated that she has three objections to moving away from the EIS to an AUAR. The AUAR provides less opportunity for citizen input; the AUAR is the wrong fit for a project that is very specific to one use and specific proposal and for a small area in size; and the EIS process reviews a specific proposal insignificant detail. It requires the developable to lay out what they plan to do in advance. That is not required in the AUAR process. A lot of public money has been spent in laying out the process and developing a vehicle process. She asked the council not change to a new course of action now. Mr. Jim Anderson, cultural chair of the Mendota Mdwekaton, expressed appreciation for the work that has been done. There is no difference to him between the land the city has protected and the area that is being proposed for development now. They are both sacred. The developer has just trying to make it easier for himself and make it easier for the development. Councilmember Vitelli moved to deny the request for an AUAR and continue to follow the plan for an EIS for a specific project. Ayes: 5 Councilmember Duggan seconded the motion. Nays: 0 Councilmember Schneeman was excused at 8:55 p.m. OUTDOOR MUSIC EVENT Council acknowledged a memo from Assistant Hollister regarding a request from Mr. Matt Dodge for permission to conduct an outdoor music event at the Mendota Plaza on June 17. Assistant Hollister informed Council that Mr. Dodge contacted him two weeks ago about the possibility of staging the musical event and food concessions the Mendota Plaza. He stated that Mr. Larry Mack, former owner of the Ziggy's, held a spring fling for these three years at the shopping center. He has drafted a letter similar to the letters to Mr. Mack but customizing the requirements for this event. One of the conditions that is always required was permission in writing from Mr. Pastor for the event. That letter has been received and they have imposed conditions in addition to the city conditions. Mr. Dodge stated the event is a food and music festival. He hosted the event last year at the Dodge Nature Center. It went very well. The reason for moving the event is because there was an insect problem at the nature center. The shopping center with the parking lot should be a better option. There will be high school and college musicians, mostly focusing on rock and roll. There will be last year there were Page No. 15 May 16, 2006 300 to 400 people attending. He is aiming at a larger crowd this year. All of the admission fees and 20% of the concessions will go to charity as well as 100% of the tee shirt sales. He will be advertising to high schools and local colleges. He will have security officers and assumes that Mendota Heights will want police officers there as well. Police Chief Aschenbrener stated that this would be almost identical to the event Mr. Mach put on with a little bit different age group. There will be a couple of police officers present. Mayor Huber suggested giving the event a trial to see how it goes. Councih-nember Vitelli moved to authorize the food and music festival to be held at the Mendota Plaza on June 17, subject to the conditions stipulated in the letter prepared by Assistant Hollister. Ayes: 4 Councilmember Krebsbach seconded the motion. Nays: 0 COUNCIL CHAMBERS USE Councilmember Krebsbach stated that last evening there was a challenge with the council chambers being scheduled for use by two groups. She asked what the policy is and whether the city residents take precedence when they want to schedule a meeting. Administrator Danielson responded that there are some new employees at the front desk and there was some confusion about who was scheduled. The issue was addressed today and there should not be any confusion in the future. Councilmember Krebsbach asked what the order of priority is for scheduling the space. Administrator Danielson responded that MADD was one of the groups and they have been meeting in the chambers for a long time and they have been very good users of the space. The Augusta Shores Homeowners Association was the other user, and they have also been good users of the space. The space is scheduled on a first come, first served basis. Staff had made arrangements for one group to meet downstairs and the other upstairs. MADD has the largest group so they had to have the chambers. Councilmember Krebsbach is an excellent group, but she thought the policy was developed to give residents preference. Page No. 16 May 16, 2006 Councilmember Vitelli stated that it has to be first come, first served, because otherwise if a resident came in three days after MADD had C it booked for three months, it would not be fair to tell MADD they could not use it. Mr. Kullander stated that the MADD group, now the Victims Panel, has been using the chambers for about 15 years on the third Monday of every other month. Their groups usually average 80 to 100 people. Augusta Shores switched to Monday, and the new receptionists did not catch the conflict. When he discovered there was a conflict, he moved Augusta Shores downstairs. The policy is that the first come get the roam unless there is a city meeting. Councilmember Krebsbach stated that she would appreciate a letter being sent to both groups about the inconvenience. 50' ANNIVERSARY PLANS Council acknowledged a memo from staff regarding funding for the anniversary celebration. Councilmember Vitelli stated that he has three issues. First, he thought Council decided not to have fireworks, and he still feels money should not be spent on fireworks. Secondly, he did not think the objective should be to spend all of the money that is received but rather to decide what should be done, and if donations exceed expectations the residents don't have to pay as much. Counsel budgeted $10,000.00, and if the income expectations are exceeded by $3,000, then the residents only have to pay $7,000.00. He also opposes the fly over. Mayor Huber stated that he knows Council talked about fireworks and there was concern over the fireworks from a funding and safety standpoint and where they would be sited. Part of the discussion started focusing on the fireworks in that there was concern about how the fund raising was going, and it seemed as though the fireworks could be dropped to reduce the pressure on some of the fundraising. At this point, the budget is good and the fireworks would be about half the size that was originally anticipated, so he is more comfortable with having the fireworks. He asked Mr. Kullander about the safety issue. Mr. Kullander stated that when the fireworks were discussed early on, the committee was discussing a much larger display and holding the display at Mendakota park. That would have required much larger shells and a much brighter display and there was not enough of a safety zone for that at the plaza. The fireworks display being Page No. 17 May 16, 2006 considered now would use smaller shells and the safety radius would be much smaller. The display would be on the Mendota Plaza property and the Dodge Nature Center property. He will be contacting the nature center, and Mr. Pastor has already agreed. Councihnember Duggan and Mr. Kullander reviewed the revenues, anticipated donations and anticipated expenses. Councilmember Vitelli stated that when council decided to go ahead, it was agreed that the city taxpayers would pay $10,000.00. That is now up to $14,300.00 including other funds. Council should not have a government type philosophy on budget versus anticipated revenues. Fireworks will cost $3,500.00. If the fireworks are not done, the taxpayers cost will be $11,000.00 versus $14,300.00. He questioned whether the fireworks are really needed. Mayor Huber stated that he is OK with holding the fireworks. The financial picture looks good, and fireworks have been scaled back. Councihnember Krebsbach stated that she does not know if the $5,000 in donations that have not come in is factored into the budget. Mr. Kullander responded that it is not. What has been received to date is about what was budgeted. Councilmember Vitelli commended Councilmember Duggan on his enthusiasm and all the work and hours he has spent on the planning. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Ayes: 4 Councilmember Duggan seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 9:30 p.m. aI thleen M. Swanson, City Clerk ATTEST: John J. er Mayor