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2006-11-21 City Council minutesNovember 21, 2006 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 21, 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, and Vitelli. Councilmember Schneeman was excused. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the agenda as revised with the addition of 9.e.: Slope Remediation Project Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved to approve the minutes of the November 7, 2006 City Council meeting minutes as presented. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved to approve the minutes of the November 8, 2006 Election Canvassing Board Meeting minutes as presented. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting as revised with the removal of 61 and 6.g., and the subsequent removal of items 6.e. and 6.g to be pulled for discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the October 24, 2006 Planning Commission Meeting. November 21, 2006 Page 2 b. Acknowledgement of the October 10, 2006 and November 14, 2006 Park and Recreation Commission Meeting. c. Acknowledgement of the October 2006 Monthly Fire Department Report. d. Acknowledgement of the October 2006 Treasurer's =0 e. Authorization for Purchase of Carbon Wrapped Cylinder for Breathing Air. f. Approval of Building Signs and an Exterior Concrete Slab at 2600 Lexington Avenue for Laser Technologies. g. Approval of the appointment of Mary Hapka as part-time Administrative Assistant at Pay Grade 22, Step C, effective on November 27, 2006. h. Adoption of Resolution No. 06-108, "RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM." i. Adoption of Resolution No. 06-109: "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE COOPER-FIELD STREET REHABILITATION." j. Approval of the List of Contractors. k. Approval of the List of Claims dated November 21, 2006 and totaling $768,875.76. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 ITEMS PULLED FOR Item #6.e., sale of easement to Xcel Energy: Councilmember DISCUSSION Krebsbach asked Staff to explain the advantages of this easement, and asked if this $5,000 purchase price is a one- time request which would give Excel Energy perpetual easement access versus selling the whole property to Excel. Mr. Danielson said this was correct, and that the property was appraised at $23,000 because it is landlocked. Mr. Danielson said the City would like to preserve this property for use a city park. Councilmember Krebsbach said that should the City want to revoke the easement, would the City need to purchase the property back. Mr. Danielson said the City would need to buy the land back for $5,000, and the City would need to show the reason to buying the land back, knowing there is no guarantee that Excel will sell it back to the City. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 November 21, 2006 Page 3 City Attorney Diehm said the City will have no right to terminate the easement and if the City should decide that they want to end this relationship, the easement does grant the property right to Excel. The City would have to either condemn the property or enter into some sort of voluntary purchase to acquire this property back. Councilmember Krebsbach said she sees no advantages in selling this portion and would like the City to keep ownership of this property. Ms. Diehm said the City would still retain ownership of the underlying property right, but Excel Energy would have a recorded interest through this easement, and therefore would have a legal right to use it for their utility purposes. Ms. Diehm said any use the City may want in the future would be subject to Excel's right to have their utilities there. Councilmember Krebsbach said although she previously felt that selling a portion of the property for this easement was not a good idea at the time, she now recommends that the City sell the property to Excel for the $24,000 plus $550 per year in taxes. Councilmember Duggan moved to direct Staff to go back to Excel Energy and enter into some negotiations for sale of the property. Councilmember Krebsbach seconded the motion. Item 6g: Authorization for Appointment to Capital Gateway Steering Committee. Mayor Huber noted that the recommendation is that Councilmember Schneeman be appointed to represent Mendota Heights on the Capital Gateway Corridor Steering Committee. Mayor Huber moved approval of the appointment of Councilmember Schneeman as the City's representative on the Capital Gateway Corridor Steering Committee. Councilmember Duggan seconded the motion Further Discussion: Mayor Huber explained that this committee is working on a possible transit way to hook up at St. Paul Union Depot, through West St. Paul, Inver Grove Heights, and down towards Rosemount. Mayor Huber said he would like to November 21, 2006 Page 4 suggest Celeste Riley as alternate. Mayor Huber said Ms. Riley is a resident of Mendota Heights and has been very active on this proposal for a long time, helping organize a Hiawatha excursion and setting up community forums. Ms. Riley has also been working closing with Senator Metzen and Representative Hansen. Ms. Riley has expressed her desire to become the alternate for this project. Councilmember Duggan moved to accept this friendly amendment to the motion to designate Celeste Riley as Alternate to the Steering Committee. Mayor Huber seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mayor Huber announced that the City offices will be closed on November 23rd and 24th for the Thanksgiving holiday. Councilmember Krebsbach said she was not at the Budget workshop that was held this fall due to a family member's health concerns, and she would like to announce publicly that she has not approved a levy that was at 4 %. City Finance Director Kristen Schabacker said there will a Truth in Taxation hearing conducted on Monday, December 4th. Ms. Schabacker said the levy numbers that were proposed have been adjusted from the preliminary numbers, and currently, the increase over the 2006 levy is 3.7 %. Ms. Schabacker said there is about $18,000 in the Parks and Recreation Commission budget to be used for the tennis court repairs, and this has been included in this 3.7 %. BID AWARD Ms. McDermott reviewed the memo from Guy Kullander, Ivy Hills Park dated November 15th, which says the Ivy Hills Park playground is scheduled for rehabilitation and bids have been received in the amount of $28, 465.97 for the playground equipment and $19, 022.00 for demolition of the old equipment and installation of the new equipment. Ms. McDennott said this work will be done in 2007 and the reason Staff is asking for approval now is that the City will receive a 6% discount if the City submits a written commitment this year that this equipment will be purchased in 2007. Funds are available in this year's budget. Ms. McDermott said Staff time is not included in this proposal. Councilmember Vitelli moved to direct Staff to issue two purchase orders in the amounts of $28,465.97 and November 21, 2006 Page 5 $19,023.00 to Earl F. Anderson, Inc. for installation of new playground equipment at Ivy Hills Park. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 CASE NO. 05-42, SCHUSTER Ms. McDermott said last October, the City Council considered an application from Betty Schuster for a subdivision of her property to allow two additional lots at 1900 Wachtler Avenue. At that time, the City Council tabled the decision on this subdivision and put into effect a city -wide moratorium on residential subdivisions. The Schusters have re- submitted an application for a lot split, which would create one additional lot on their property. Staff recommends approval of this lot split with the condition that drainage and utility easements are dedicated around the property lines. Ms. McDermott said there is only a slight increase in costs to the original due to some additional interest costs. Councilmember Krebsbach asked about the location of the proposed home. Ms. McDermott said this drawing only indicates where a home could be placed, but the actual placement of a home would need to be approved during the building permit process. Ms. McDermott said the address of a new home would be on Wachtler Avenue. Ms. McDermott said there would be a 30 -ft. setback along Hilltop Road and a 15 -ft. setback along the interior side of the property. Councilmember Krebsbach asked if the proposed home would be placed as to not give negative affect to the rest of the neighborhood. Ms. McDermott said that would be correct, and there are currently no homes that would be located behind the proposed house. Councilmember Krebsbach said this is a good location with some open space to the rear. Councilmember Duggan said if the City applies the string rule, the proposed site of the home could be pushed back a bit. Ms. McDermott said this property would be a corner lot, therefore the string rule would not apply in this case. Councilmember Duggan commended the Schusters for being considerate of the neighborhood and only splitting off one parcel, and not two as the original application would have done. November 21, 2006 Page 6 Mayor Huber opened the public hearing. Seeing no one else come forward wishing to speak, Mayor Huber closed the public hearing. Councilmember Krebsbach moved to approve Resolution No. 06 -110: "A RESOLUTION APPROVING A LOT SPLIT AT 1900 WACHTLER AVENUE." Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 CASE NO. 06 -32, MORGAN Assistant Sedlacek said this case was before the City Council on October 3rd, and at that time, the City Council had some concerns regarding the string rule and what the actual setback of what the proposed addition was. At that time, Mr. Morgan asked to come back to the City with a more detailed drawing. Mr. Sedlacek said Mr. Morgan did not submit a specific map that would show exactly what the variance would be, but did submit some elevation drawings of the proposed addition. Recommendation by the Planning Commission is to deny the 7' variance because there has not been a hardship identified. On November 16th, Staff visited Mr. Morgan's home and measured the site. The current structure is one foot beyond the setback. The proposed addition, extending 12 -ft from the existing structure would require an 11 -ft. variance from the front yard setback. Councilmember Vitelli asked if the string rule was used to determine the variance. Mr. Sedlacek said the string rule will not apply in this case as there is curvature in the roadway. Mr. Danielson said the string rule would actually be more restrictive and Staff feels the 30 -ft. setback would be better to use. Councilmember Vitelli asked what the correct setback is. Councilmember Vitelli said he still has not heard hardship identification from the applicant. Mr. Morgan did not give a hardship at this time. Mayor Huber opened the public hearing. Seeing no one else come forward wishing to speak, Mayor Huber closed the public hearing. November 21, 2006 Page 7 Councilmember Duggan referred to a letter submitted by Mr. Morgan, dated September 1, 2006, in which Mr. Morgan talks about the number of homes with two car garages, and those with three car garages. Councilmember Duggan said the City Council has previously granted a variance for a home asking for an additional garage, but the variance request in that case was much smaller, and encroached more into the side yard and not the front yard. Councilmember Duggan said perhaps a smaller stall could be constructed. Mr. Morgan said that was not possible. Councilmember Duggan moved denial of Resolution No. 06- 111: "A resolution denying a 7' variance to the front yard setback for a garage addition at 613 Pond View Drive." Councilmember Krebsbach seconded the motion. Ayes: 2 (Councilmembers Duggan and Krebsbach) Nays: 2 (Mayor Huber, Councilmember Vitelli) MOTION FAILED Further Discussion Mayor Huber said he voted against this motion because the proposed addition would just be too close to the street. Councilmember Vitelli said he was not satisfied that a hardship was identified, and that there is just not enough room on this property for the proposed addition. Councilmember Krebsbach said she had personally acquired a similar variance for her home, but in that case, the hardship was that without a variance, the home would be lower than the sewer line. Further discussion was tabled until the next meeting in order to have a full Council presence. DISCUSSION OF CLOSING Ms. McDermott said during the City Council Budget VALLEY PARK TENNIS workshop help in August, there was some discussion COURTS about not providing funding in the Parks Maintenance Budget for the repair of Valley Park tennis courts and to seek suggestions from the Parks and Recreation Commission of alternate facilities to consider locating in this park. This issue was brought to the Parks and Recreation Commission meeting in September and an open house was held in November, which was well attended. There were 21 November 21, 2006 Page 8 communications being received pertaining to this issue, and a petition organized in favor of continuing to keep these tennis courts open. A petition was also submitted to the Parks and Recreation Commission with 170 signatures wishing the City Council to keep the tennis courts open. Staff recommendation is to keep the tennis courts. Councilmember Duggan moved to direct Staff to seek bids for tennis court maintenance and submit the bids to Council for review and award in January. Councilmember Vitelli seconded the motion. DISCUSSION OF MAC Liz Petschel, ARC Chairperson, spoke about the MAC REPRESENTATION representation and the importance of the City's involvement. Ms. Petschel said getting the City's representation on the MAC board has been a goal of the ARC since its inception. ARC has been regularly meeting with legislators on this topic. Ms. Petschel said both Senator Metzen and Representative Hansen have met with ARC to talk about the feasibility of getting better representation from the cities in the DNL 65 on the MAC. These legislators feel this is something that they would like to take on. Ms. Petschel said the ARC went to the cities of Eagan, Bloomington, Richfield, and Mendota Heights to strategize what the next steps would be and decided on a tactic which would be a draft of legislation to take to those city councils to ask for their support. This support will give the legislators the support they need to go forward. Eagan and Richfield have already approved this project and ARC is still waiting to hear from Bloomington and Mendota Heights. Councilmember Krebsbach moved to approve Resolution No. 06 -112: "A RESOLUTION SUPPORTING PROPOSED LANGUAGE FOR A BILL PERTAINING TO CITY REPRESENTATION ON THE METROPOLITAN AIRPORT COMMISSION." Councilmember Duggan seconded the motion. Councilmember Vitelli asked how many people were on MAC at this time. Ms. Petschel said about 8 or 9. Councihneinber Vitelli asked if the legislature has Ayes: 4 Nays: 0 November 21, 2006 Page 9 established MAC to make decisions for the Governor. Ms. Petschel said the Governor makes the appointments, but structure of MAC comes from the Legislature. Councilmember Vitelli asked about the roles played by Minneapolis and Saint Paula Ms. Petschel said Minneapolis and Saint Paul both have representation on MAC. Ms. Petschel said Saint Paul has less than one percent of the air traffic and they have their own representative. Ms. Petschel said the justification for the four cities (Bloomington, Richfield, Eagan, and Mendota Heights) lie in the DNL 65 that they are most affected by airport noise. Mayor Huber called the motion. Further Discussion Ms. Petschel said the next step is to have a written show of support from Mendota Heights. Councilmember Duggan explained that this will come in the form of the resolution that has just been passed. Ms. Petschel said there will be an ARC meeting held at City Hall at 7:00 pm on November 22, 2006. Mr. Chad Legve of MAC Noise Commission and Mr. Carl Rydeen from FAA to discuss the impact of the new runway 17/35 has done on the City of Mendota Heights. Ms. Petschel said this is a potentially very serious matter as Mendota Heights was promised abatement by 17/35 and instead of getting this abatement, the noise levels have been increased. During the month of August, the city has taken over 40% of the night time flights just off runway 12R with no explanation for this. Ms. Petschel said ARC has data that shows promises made in the past, and which were broken. Councilmember Vitelli said he doesn't understand the logic of how MAC can open up additional runways and then have the traffic go up over Mendota Heights. Councilmember Vitelli asked Ms. Petschel to relay his concerns to Mr. Leqve and would like an answer back to the City Council on this. Ms. Petschel said she already knows the answer to this, as MAC is claiming that when they use 17/35 for takeoffs, those planes have to taxi over 12 Right and when they do this for safety reasons, other planes cannot take off on 12 November 21, 2006 Page 10 Right, but need to depart off of 12 Left which goes directly over Mendota Heights. Ms. Petschel said all of the relief that Mendota Heights was to receive was shifted to Eagan. Ms. Petschel said she has on record this infonnation submitted by Mr. Rydeen. Mr. Vitelli said that Mr. Rydeen told the City that there would be a 20% reduction of noise. Councilmember Duggan asked about plans for next year. Ms. Petschel said both the parallels are going to be shut down starting next August to begin work alternatively on the parallels to resurface them. Ms. Petschel said if the issues of 17/35 are not addressed now, there could possibly be worse issues later. Ms. Petschel said residents need to take a stand and become involved as this is what happened in Burnsville, where the Mayor has been very involved and putting pressure on the FAA, and have been publicly before MAC to state their case. As a result of that, the FAA is under a lot of pressure right now and that was acknowledged at the last NOC meeting to continue meeting with the cities to innumerate the situation. Ms. Petschel said Mendota Heights is entitled to the same treatment. SLOPE REMEDIATION Ms. McDermott said the City has recently awarded PROJECT No. 2004069 the contract for repairing the slope at 2400 Pilot Knob Road and she has received a proposal from American Engineering Testing, Inc. for placement of an inclinometer next to the existing building so that the City can monitor any movement in the soil where the construction will be going on adjacent to that building. Ms. McDermott said some additional testing must also be done on materials that are being used for the construction of the slope. The City has received a proposal not to exceed $8,700 for this. Councilmember Duggan said that even with this additional cost, the project is still well below what has been anticipated. Councilmember Duggan moved to approve the proposal for American Engineering Testing, Inc. to provide geotechnical services for the slope restoration at 2400 Pilot Knob Road in the amount not to exceed $8,700 and authorize the City Engineer to execute the proposal document. Mayor Huber seconded the motion. COUNCIL COMMENTS Councilmember Vitelli welcomed Mary Hapka back on Staff and said she has always been a good employee, and conunended Mr. Danielson for an excellent proposal. November 21, 2006 Page 11 Councilmember Krebsbach said she and Mr. Danielson recently met with Al Singer of Dakota County, and two members of his staff, regarding the Land Trust / Pilot Knob Road. Councilmember Krebsbach said Mr. Singer had made the recommendation that the City should decide if it wants to financially participate in land preservation on this site, and there will be a meeting in December to discuss this topic. Mayor Huber suggested that Staff send a letter from the City to Dakota County showing their support. Mr. Danielson said Mr. Singer said these letters of support have not been coming in quite as strong as the first round had, and if the City would give an indication of participation up front this time, it would greatly strengthen the City's application, which is presently in the process of preparation and needs to be submitted sometime near the end of December. Mr. Danielson said the City needs to determine by their next meeting what their plans will be. Councilmember Duggan wished Caribou Coffee and Cold Stone Creamery a happy first anniversary of their new location. He informed Council that there are plans for local television advertisements for the Town Center, as well as progress being made on the holiday decorations in that area. Councilmember Duggan said the City has missed acknowledging Mendota Elementary for their recent accomplishments. Councilmember Krebsbach suggested that the City present the school with a plaque or certificate as this is a national award accomplishment ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved to adjourn the meeting to closed session for discussion on Public Works labor negotiations. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:30 p.m. Rebecca Shaftei4/ Recording Secretary ATTEST: Jo a uber, .6 Pr