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2006-03-06 City Council MinutesPage No. 1 March 6, 2006 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Monday, March 6, 2006 Pursuant to due call and notice thereof, the special meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 8:00 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, and Krebsbach. Coimcilmember Schneeman had notified Council that she would be absent. Councilmember Vitelli had notified Council that he would be late and arrived at 8:16 p.m. PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 3 Nays: 0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on February 21, 2006 as amended. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent for the meeting, revised to move item 61, tobacco free parks policy, to the regular agenda, along with authorization for execution of any necessary documents contained therein.. a. Acknowledgement of the February 28, 2006, Planning Commission Minutes. b. Acknowledgement of the February 28, 2006, Planning Commission Minutes. c. Ackilowledgement of NDC4 Meeting Agenda. d. Acknowledgement of the February 14, 2006, Mendota Heights 50th Anniversary Planning Committee Minutes. e. Acknowledgement of Planning Efforts for 2006 Park Celebration. Page No. 2 March 6, 2006 f. Acknowledgement of the February 2006 Building Activity Report. g. Acknowledgement of the January 2006 Fire Report. h. Acceptance, with regret, of the resignation of Receptionist Janet Bolger and authorization for the appointments of Brenda Biebesheimer and Pamela Deeb as part-time Receptionist/Clerks at Step A, Grade IV of the city's pay classification plan. i. Authorization for implementation of Fund Structure Recommendations. j. Authorization for payment of the 2006 MHAA contingency. k. Approval of the Ridgewood Drive Sanitary Sewer Rehabilitation. 1. Authorization for Professional Services Agreement with Rosene, Anderlik & Associates for technical assistance for the Somerset neighborhood water rain garden project for an amount not to exceed $7,700. in. Adoption of Resolution No. 06- 11, "A RESOLUTION ESTABLISHING A PUBLIC PURPOSE EXPENDITURE POLICY." n. Adoption of Resolution No. 06-12, "A RESOLUTION SUPPORTING THE CONSTITUTIONAL AMENDMENT FOR MOTOR VEHICLE SALES TAX DEDICATION TO TRANSPORATION." o. Approval of Contractors List dated March 6, 2006. p. Approval of the List of Claims dated March 6, 2006 and totaling $209,850.62. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 TOBACCO FREE PARKS Council acknowledged a memo from Administrator Danielson regarding a proposed resolution establishing a tobacco free parks policy. Councilmember Duggan informed the audience that students from St. Thomas Academy and Visitation School gave an excellent presentation at the last Council meeting requesting that Council adopt a tobacco free parks policy. At that meeting, he had suggested that Council review the policy in two years to determine if the implementation of the policy has been a sufficient step to control smoking in the parks and consider adopting an ordinance if the policy is not sufficiently effective. He also requested that letters be sent to County Commissioner Egan and the Dakota County commissioners recommending that they adopt a smoke free park policy. Page No. 3 March 6, 2006 Councilmember Duggan moved adoption of Resolution No. 06-13, "A RESOLUTION ESTABLISHING A TOBACCO-FREE POLICY IN CITY PARKS." Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 BID AWARD Council acknowledged a memo from Engineer McDermott regarding bids received for the Thompson Avenue diversion project. Engineer McDermott reviewed the bids and the qualifications of the low bidder and recommended that GL Contracting be awarded the contract for its low bid of $87,825.70. Councilmember Kxebsbach moved adoption of Resolution No. 06- 14, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THOMPSON AVENUE STORM WATER DIVERSION PROJECT (PROJECT NO. 9410)." Councilmember Duggan seconded the motion. Ayes: 3 Nays: 0 CASE NO. 02-11, TOWN Council acknowledged an application from Mr. Ross Fefercorn CENTER for a minor amendment to the Town Center Planned Unit Development for illuminated signage for the second story tenants. Council also acknowledged associated staff reports. Assistant Hollister stated that since the original PUD was approved, the city and the developer have been operating Linder the criteria for signage contained in Exhibit G to the developers agreement. Mr. Fefercom would like to ask if Council would be willing to consider illuminated signage on the second story. The signage would consist of white letters on black rails and the dimensions would be increased from 12 inches in height to 16 inches and three inches deep versus two inches. Councilmember Duggan asked what is gained by increasing the depth to three inches. Mr. Fefercorn responded that the initiative for the request began with the Gateway Bank. They did not think their non-illuminated signage was effective and they got approval in December to change their signage to illuminated. Non-illuminated signs are very difficult to see against the building in the daytime and impossible to see at night. He does not want the tenants to put signs up and not have them be seen. He believes the lit letters will add glow to the top of the Page No. 4 March 6, 2006 building which is not illuminated now. He reviewed a drawing of the proposed sign design and stated that the retail tenants can use their own logo and design on the first floor. The second story business tenants will be limited to 16 inch letters versus the retail sign limit of 21 inch letters. He was concerned about the expenses the tenants would go through and the fact the building is very dark at night. The proposed lighting policy change would apply to the ABC building and building F. Building D does not have second story offices. The signs would face into the development. Councilmember Krebsbach stated that she does not want to change the original sign plan. Originally the signs were not going to be backlit. Cotmcilmember Duggan supported the concept but would prefer that the lights go off at 11:00 p.m. during the week and at midnight on Friday and Saturday. He felt it makes sense to relieve the second story darkness. The other building would look more towards T.H. 1110, but he does not think the glow would be a problem on the highway. The proposed lights should be attractive and will bring some attention to the new businesses. Mr. Fefercorn responded that the 11:00 and midnight restrictions will probably be alright, since there is not much activity at that time of night. They are LED, not neon, and they are fairly soft. He stated that he did not as the same of the retail, and their lights are on until 2:00 a.m. The second story could be off at 11:00 or midnight. Councilmember Duggan stated that Council can revised the issue based on comments or complaints as more tenants move in. He is just supporting the existing building and would consider the other buildings when they come before Council. Mr. Fefercorn responded that he is asking for the ABC building also. The same signage would apply to all. There will be about ten businesses in the second story of building ABC. Councilmember Vitelli supported the proposed sign change and was not concerned about leaving them on until 2:00 a.m. He asked what the restrictions are on SuperAmerica and McDonalds. He did not think go off at 11:00. Administrator Danielson responded that the city does not have a uniform lights on/lights off policy. The SuperAmerica on Highway Page No. 5 March 6, 2006 110 closes at 11:00 p.m. and the one on T.H. 55 is open 24 hours and has its lights on all night. Councilmember Krebsbach stated that the original plan was that there was going to be lamps to light the buildings. Mr. Fefercorn responded that was what Gateway Bank was required to do originally. The pin lights they have now do not really light the sip. The letters look dark. He stated that there is a significant amount of up light on the buildings and they go off at 2:00 a.m. Those lights are very expensive. Gateway Bank has some of them on their building and they would like to add more. Mayor Huber stated that he is going to support the request. The lights would be more in the interior of the layout. He knows that the people at the Gateway Bank have struggled with their signs. Councilmember Duggan moved adoption of Resolution No. 06-15 "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR ILLUMINATED SIGNAGE FOR SECOND STORY TENANTS AT THE TOWN CENTER REDEVELOPMENT PROJECT." Councilmember Vitelli seconded the motion. Ayes: 3 Nays: I Krebsbach Councilmember Vitelli asked Mr. Fefercorn for a report on the lease negotiations for the market. Mr. Fefercorn responded that he submitted a least to Mr. Kowalski who is out of town until tomorrow. The last he heard was that they are going forward and are going to sign a lease. He supports their plan and hopes to have a lease in place by the end of the week. Councilmember Vitelli asked Mr. Fefercorn if he is looking at a late summer opening if the lease is signed. lvh-. Fefercorn responded that he is. He also stated that there will be a small area for food in the market and the Kowalskis also plan to apply for a wine license. Councilmember Krebsbach stated that people keep asking her if there is going to be a grocery store. She hopes that is what the market will be. Page No. 6 March 6, 2006 CASE NO. 06-02 DRIVEWAY Council acknowledged a memo from Assistant Hollister regarding a GATES proposed amendment to the zoning ordinance to allow driveway gates as a conditional use. Assistant Hollister informed Council that at both their January and February meetings, the Planning Commission discussed the proposed amendment. Last year the city received requests for two driveway gates - functional gates that lock and that people can use to close off their driveways. The existing ordinance is silent to the issue. Planner Grittman interpreted driveway gates to be fences and both of the prior requests were proposed as fences. When Council and the Planning Commission held their joint workshop, one of the items discussed was the replacement of non-conforming driveways. That was before Council recently and an ordinance amendment was adopted. Council did not discuss the driveway gate issue but he asked the city planner to address the issue because staff feels the issue needs to be dealt with. The Planning Commission felt Council should consider all driveway gates to be conditional uses and require a conditional use permit for them. Councilmember Kxebsbach stated that she would like to add a requirement for removal of the gates. If they become unsightly in the future due to ruse or corrosion, they should be removed. A clause should be added to the ordinance amendment to require removal under certain conditions. Councilmember Duggan stated reviewed some revisions he had suggested to staff and which have been made in the proposed amendment. He supported the inclusion of the requirement for removal when a gate becomes non-functional or when it is rusted or deteriorated. Councilmember Vitelli stated that he is inclined to support the suggestion but asked how it compares with other rules that are in place already. Council went through the property maintenance ordinance and decided it could not control some things. He asked how that ordinance would apply and what the definition and legality would be on when the city can require someone to remove a gate. Councilmember Krebsbach responded that if a gate is stuck, people will park in the street or not be able to use their driveways. Councilmember Vitelli suggested that the city attorney and code enforcement officers look at the proposed ordinance and the Page No. 7 March 6, 2006 suggested removal requirement and give Council feedback. He asked staff to see if there is a requirement for removal of swimming pool fence gates. Councilmember Vitelli moved to table the matter for input from a legal and enforcement point of view. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 INDUSTRIAL PARK Council acknowledged a feasibility report for a proposed industrial STREET REHABILITATION park street rehabilitation project. Engineer McDermott stated that the engineering department has prepared a feasibility report for a rehabilitation project on Mendota Height Road from 135 to TH 13, Northland Drive from TH 55 to Mendota Heights Road and Enterprise Drive. Part of the project will be assessed to the benefiting property owners. The project consists of milling and bituminous overlay and adding a small trail section to connect an existing trail. The estimated cost is $788,405. Of that, $600,000 would be assessed at a unit rate of $2,414 per acre. The City of Eagan also unit rates for commercial /industrial properties and assesses the projects 100%. The city portion of the cost would be for curb and gutter replacement, trail work and sod. The city share would be paid through MSA Rinds. About $40,000 would be paid through the infrastructure fund. Councilmember Vitelli stated that he supports the project and thinks the unit assessment basis is good, stating that other cities use that basis. Councilmember Krebsbach moved adoption of Resolution No. 06- 16, "A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR THE INDUSTRIAL PARK REHABILITATION PROJECT (PROJECT #200602)". Cotmcilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Vitelli informed the audience that prior to the meeting he and Councilmember Duggan attended a very informative meeting at Henry Sibley High School on the drug methanphetamine and its use in Dakota County. He attended as a curious grandfather and left with a state of awe. He stated that he cannot believe some of Page No. 8 March 6, 2006 the things he heard this evening and citizens should take the time to understand the seriousness of methanphetamine use in the United States and Mendota Heights. The drug is addictive after one or two uses. It can be made with things that are readily available and is very easy to make. He learned about the waste from methanphetarnines as well. When meth is made, the waste stays in the walls, sheetrock and carpets. Some of the waste is dumped on highways and children may pick it up. The waste lays around the streets and back yards. Dakota County has a very good county attorney and his words this evening were that he has never seen anything like this in his 30 years as an attorney. Ten years ago there were about six prosecutions of labs. Last year there were 500 prosecutions in Dakota County. The growth of meth use is unbelievable. The 500 prosecutions were only the makers and distributors of the drug. It does not reflect the affects on the users and their children and the crises that occur as the result of meth. People become very paranoid and could kill someone just for saying something simple. He asked residents to take the time to understand what is happening with meth. It is more damaging that heroin, cocaine and marijuana a have every been. Mayor Huber stated that if someone suspects a meth lab they should call 911. If they think their child may be a user, there are many resources available to help. People should call the county or the city police department if they have questions or concerns. Councilmember Duggan stated that the key is education and awareness and parents being aware of what is happening with their children. One pound of meth results in five po-unds of toxic waste, and 33% of all crime in Dakota County is related to meth. The police department and county have information available and support is available. Councilmember Krebsbach stated that in 2000 or 2002 when she was working in Rochester there was a presentation about meth. It had been a problem in out-state Minnesota because of the meth labs being set up. It also relates to abandoned homes and houses that have blacked out windows. She informed the residents that there is a very good brochure that was distributed at the informational meeting and copies are available. COUNCIL COMMENTS Councilmember Krebsbach asked if the city has received an update from Mendota on planning for Highway 13. Page No. 9 March 6, 2006 Administrator Danielson responded that he sent Mendota a letter but has not received a response. He stated that the last he heard was that the structures were being constructed. Mendota did not do an EAW Councilmember Duggan stated that he received a letter from Ms. Pat Kaplan about her concern about six cars being parked in the driveway of a rental house near her home. Ms. Kaplan asked if the police will go by there at regular times and enforce the ordinance if there are more than four cars parked there. He assured Ms. Kaplan that the city is working on retail housing licensing and the possibility or reducing or eliminating parking on- street from 2:00 a.m. He stated that it is a problem for the police to always go by the same area, but Ms. Kaplan would like them to go by at the same time in the morning and evening. The letter and pictures Ms. Kaplan submitted concerned 1720 Vicki Lane. She is also wondering if the orange sign at 1699 Victoria will be taken down. Councilmember Duggan asked staff to prepare a report for the next meeting. Administrator Danielson informed the audience that Mayor Huber will give a State of the City address at City Hall tomorrow at 8:00 a.m. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjo urned. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:52 p.m. Ka teen M. Swanson City Clerk ATTEST: i or e