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2005-08-16 City Council MinutesPage No. 1 August 16, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 16, 2005 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 Schneeman. Councilmember Vitelli had notified Council that he would be absent. PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 3 Nays: 0 Abstain: 1 Schneeman Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember seconded the motion. Councilmember Duggan moved approval of the minutes of the regular meeting held on June 21, 2005 as amended. Councilmember Schneeman seconded the motion. Councilmember Duggan moved approval of the minutes of the special meeting held on August 2, 2005. Mayor Huber seconded the motion. CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 6f, Town Center signs, 6g, Coonan variances, and 6h, Delaware Avenue improvements, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the June 8, 2005 Airport Relations Commission Meeting. b. Acknowledgement of the NDC4 meeting minutes and agenda. Page No. 2 August 16, 2005 c. Acknowledgement of the Treasurer's Monthly Report for July. d. Acknowledgment of the resignation of Bekky Trost from the Police Secretary position. e. Approval of Mendota Heights Office Condominiums Private Water Main Agreement. f. Adoption of Resolution No. 05-60, "A RESOLUTION APPROVING A REVISED FEE SCHEDULE FOR COMPLIANCE WITH MINNESOTA DATA PRACTICES STATUTE CHANGES." g. Approval of the list of contractor licenses dated August 16, 2005. h. Approval of the list of claims dated August 16, 2005 and totaling $403,764.06. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 TOWN CENTER SIGNS Council acknowledged memos from Code Enforcement Officer Berg and Administrator Danielson regarding sign pen-nits for the following signs in Town Center: Caribou Coffee, Fantastic Sams, Cold Stone Creamery and The Wine Market. Councilmember Duggan pointed out that the resolution references Sign Art but not Sign-A-Rama and Graffiti, and those firms have also submitted signs. Mayor Huber asked why the staff reports keep saying Sign Art if there are others that have also submitted applications. Administrator Danielson responded that the first application was from Sign Art and the other applications were submitted later, and there was an error in not changing the resolution. Mr. Ross Fefercorn stated that it is his fault that the other three sign applications did not get submitted in a timely fashion. He wanted to present all of them in a collective way and told the tenants he would do so. Councilmember Krebsbach commented on how good the retail building looks. It is a significant structure and an asset to the city. She stated that Council put a lot of effort into what the signage would look like. She further stated that this is corporate signage and she thought Town Center was going to have a uniform signage look. It seems that as each of the businesses is using its own signage. Page No. 3 August 16, 2005 Mr. Fefercorn responded that a sign criteria was created that allows tenants to use their very valuable corporate signage but it falls into certain very specific criteria. There are three distinctive type of signs on the building. One is channel lit letters that are attached to a landlord supplied metal system. They are all low voltage. The channels that are mounted on the building are black metal and the letters are the color choice of the tenant to fit their corporate identity. In many cases the tenants have developed corporate identity specifically for this project. Councilmember Krebsbach stated that she is interested in making sure that the size is in keeping with what Council has discussed with Mr. Fefercorn all along — that the size of the letters is for the people within the retail space and now to draw people off of T.H. 110. Mr. Fefercorn reviewed the proposed signs for Council. The letters on The Wine Market sign are attached to the metal band on the building and are 20 inches high. The Cold Stone Creamery sign is the second type of sign. It is only affixed to the flat face of the building above the store front and the letters are 20 inches high. The 20 inch dimension is tied to the size of the brackets on the building. He stated that he has been following the signage criteria very closely. Councilmember Krebsbach stated that she wants to make sure that the signage does not give way to corporate signage that is not in keeping with what Council and Mr. Fefercorn have talked about. Councilmember Schneeman stated that the Wine Market Sign is lovely and unusual. Councilmember Duggan asked if there are windows behind the support bars and what impact that would have on the offices. Mr. Fefercorn responded that they are not office windows. They are transom windows that are in the retail space. Councihneraber Duggan stated that he is delighted that different colors and sizes are being used. It should be noted that some of the signs are larger than Council normally approves for commercial, but that is allowable under a PUD. Mr. Fefercorn showed a drawing of the Wine Market blade sign as an example of the third type of sign allowed in the project. Page No. 4 August 16, 2005 l Councilmember Schneeman moved adoption of Resolution No. 05- 61, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR SIGNAGE FOR CARIBOU COFFEE, COLD STONE CREAMERY, FANTASTIC SAMS AND THE WINE MARKETFOR THE TOWN CENTER REDEVELOPMENT PROJECT," as amended. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 CASE NO. 05 -32, COONAN Council acknowledged a memo and proposed resolution from Assistant Hollister relative to continued discussion on an application from Mr. Michael Coonan for a variance to park a recreational camping vehicle at 2237 Apache Street. Councilmember Duggan was concerned about the third finding in the resolution — that the hardship is not created by actions of the applicants. Attorney Schleck responded that one of the things staff was directed to do on August 2 was to try to tailor this resolution to be as narrow as possible with respect to this individual lot and staff documented those issues in the resolution. It is a requirement in approving a variance that the hardship was not created by the applicants and the resolution documents that Council has reviewed and accepts that requirement for granting the variance. Councilmember Duggan stated that he would be challenged on how Council could support the finding. The applicants' RV is 25 feet long and the ordinance places a limit of 23 feet. That is their choice. Attorney Schleck responded that he does not think it is inherently necessary to have that language in the resolution. It is merely documenting the provisions of what is required for a variance. Mayor Huber stated that as he recalls the discussion. on August 2, there was a bringing together of a few factors that were giving the Coonans problems. They would have had problems putting the RV in their back yard for several reasons even if it was 23 feet long. There are vegetation issues, landscaping, wetland issues and drainage issues. He stated that he understands the RV is longer than the standard, but their inability to put it in the back was a hardship not created by them. Page No. 5 August 16, 2005 Councilmember Duggan responded that the substandard lot was considered along with their inability to put the RV in the back not because of the size only but because of the drainage on the property. He did not think it is necessary to put the language in the third finding into the ordinance and that leaving it in the resolution might leave Council open to other challenges in the future. Councilmember Duggan moved adoption of Resolution No. 05-62, "A RESOLUTION APPROVING VARIANCES FOR THE PARKING OF A RECREATIONAL VEHICLE AT 2237 APACHE STREET," revised to delete the third finding. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 DELAWARE AVENUE Council acknowledged a memo from Engineer McDermott IMPROVEMENTS requesting that Council order preparation of a feasibility report for the reconstruction of Delaware Avenue from Dodd Road to Annapolis, approve a joint powers agreement with West St. Paul for the project and authorize WSB & Associates to survey the project. Councilmember Duggan stated that as he was reading the memo he wondered why the project cost could not just be cut in half since the street is half in Mendota Heights and half in West St. Paul, but after reading on, he understands that it cannot just be split in half because of casement acquisitions and other challenges. Councilmember Schneeman stated that she is very glad that the city took the lead on this because the repairs are so desperately needed. Councilmember Duggan moved to adopt Resolution No. 05-63, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR STREET RECONSTRUCTION IMPROVEMENTS ON DELAWARE AVENUE FROM DODD ROAD TO ANNAPOLIS STREET," authorize the Mayor and City Clerk to enter into a joint powers agreement with West St. Paul and authorize WSB & Associates to complete a survey for the project for an amount not to exceed $4,450. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Cliff Timm stated that goose hunting season opens on September 3 and the geese will be coming back for refuge. He has been contacting hobby shops about hobbyists using remote control Page No. 6 August 16, 2005 planes to chase the geese. He also spoke to St. Thomas Academy about using dogs to chase the geese and did not feel that should have to pay Honkers Away but rather someone should just bring a dog in and let it run. He felt that the MAC should also help get rid of the geese, stating that some time ago a goose flew into a commercial plan and went through the windshield and the pilot lost an eye. CENTRE POINTE Council acknowledged a request from Roseville Properties for site plan review and building permit authorization for a building called Centre Pointe VII, proposed to be constructed at the northwest corner of Centre Pointe Boulevard and Centre Pointe Circle. Council also acknowledged associated staff reports. Mr. Hugh Cullen was present on behalf of Roseville Properties. Assistant Hollister informed Council that Roseville Properties would like to build their last building at Centre Pointe. Staff has reviewed the plans and submitted various comments. The city planner found that the project meets all zoning ordinance requirements without the need for variances but suggested that an entrance be created in the northeast corner of the site to create an exit from the easterly parking area that ends in a dead -end design. Assistant Hollister informed Council that he and the city engineer met with Mr. Cullen to discuss that issue. The planner was concerned about the length of the drive aisle and the fact that it terminates in a dead end. The city engineer and fire marshal share the concern about the dead end situation, particularly with regard to fire trucks. Mr. Cullen indicated that he would be able to put in a second curb cut if necessary to shorten the dead end situation and has also submitted utility plans at the request of city engineering. Mr. Cullen stated that he will put in a curb cut in Centre Pointe Boulevard and work with city staff to locate it where they think it would be appropriately located so that there are no issues with traffic. It may need to be a right -in, left -out. Councihmember Duggan moved to authorize the issuance of the necessary building permits, conditioned upon final review for code compliance by the code enforcement officer and review of grading and drainage by city engineering and subject to creating a new curb cut as recommended by staff. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Page No. 7 August 16, 2005 DISPATCHING AGREEMENT Council acknowledged a memo from Administrator Danielson and Police Chief Aschenbrener recommending approval of a resolution approving a joint powers agreement establishing the Dakota Communications Center. Chief Aschenbrener informed Council that this is the foundation for the county wide dispatching setup. They will begin to form a Board of Directors and begin the search for a director in September. The League of Minnesota Cities and bond counsel do not believe the group will be able to issue bonds. The Eagan and Apple Valley city attorneys were concerned that cities cannot legally form JPAs, so a sentence was added to the agreement to allow the Dakota Communications Center to incorporate as a non-profit corporation should it become necessary. Council must appoint one of its members to sit on the Board of Directors to make decisions for the city as far as budget setting and personnel decisions. Council should also appoint a staff member, recommended to be the city administrator, with the police chief or administrative assistant as alternates, to serve on the executive committee and delegate authority to the city administrator to appoint the working committee of police and fire. Responding to a question from Councilmember Krebsbach about bonding, Chief Aschenbrener stated that one of the issues that came up several times was whether the joint powers entity would be bonding and whether they would have the ability to legally issue bonds. Since they could not be general obligation bonds, they would have to be backed by insurance, which would not make them a likely option. Instead, one of the cities would have to step forward to do the bonding. The infrastructure alone, not including the building, will cost about $16 million and there will be another $8 million worth of technology inside the building. Dakota County has been working on getting grants but a majority of the cost will be covered under the Urban Area Security Initiative. Councilmember Krebsbach asked what exposure the city has under the JPA should they need equipment in the future. Attorney Schleck responded that the city comes out very well, because costs are pro rated based on size and number of calls. The city Will get to use a lot of the equipment and systems on a basis almost subsidized by the other member cities. Councilmember Duggan moved adoption of Resolution No. 05-64, "RESOLUTION APPROVING THE JOINT POWERS Ayes: 4 Nays: 0 Page No. 8 August 16, 2005 AGREEMENT ESTABLISHING THE DAKOTA COMMUNICATIONS CENTER," appointing Mayor Huber to serve on the Board of Directors and Councilmember Vitelli as and alternate Director, appointing the city administrator to serve on the Executive Committee and the police chief as alternate, and to grant the city administrator authority to appoint the Operations Committee members. Councilmember Krebsbach seconded the motion. Councilmember Duggan stated that Administrator Danielson did a lot of work on this and expressed appreciation to Administrator Danielson for his contributions and to Attorney Schleck for crafting the agreement. He also expressed appreciation to Mayor Huber and Councilmember Vitelli for their work on this issue. ASSESSMENT HEARING Council acknowledged a memo from Engineer McDermott, along with a proposed resolution ordering the preparation of assessment rolls for the Somerset Court and Somerset Neighborhood improvements and establishing an assessment hearing for September 20. Engineer McDermott stated that the projects will be substantially completed by the time of the assessment hearing. The proposed assessments are $3,900 per lot for Somerset View. Somerset Court improvements were also completed last year, and the proposed assessment for that project was $2,000. The difference in the assessments is because Somerset Court was a rehabilitation project and Somerset View was a reconstruction project. Responding to a question from Mayor Huber, Engineer McDermott stated that for the most part, staff has received positive feedback from the property owners. Some of the property owners on Coleshire had comments about the drainage, but that should be taken care of when the second course of bituminous goes down next week. Councilmember Schneeman stated that she has had wonderful comments from the people and that the neighborhood looks wonderful. Responding to a question from Councilmember Duggan about why some of the assessments are different, Engineer McDermott stated that some of the property owners chose to replace their bituminous driveways with cement. Staff had those owners sign agreements, because cement is more expensive than bituminous. Page No. 9 August 16, 2005 Councilmember Duggan moved adoption of Resolution No. 05- 65, "RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING THE PREPARATION OF PROPOSED ASSESSMENT ROLL, AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR SOMERSET NEIGHBORHOOD STREET RECONSTRUCTION PROJECT (IMPROVEMENT PROJECT 2004 -01) AND SOMERSET COURT REHABILITATION (IMPROVEMENT PROJECT 2004 -03)." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 WORKSHOPS Council acknowledged a memo from Administrator Danielson regarding proposed workshops for a park tour with the Parks and Recreation Commission on September 13 and for discussion on in- fill development on September 21 or 22. Mayor Huber stated that he cannot attend on September 13 and will be unavailable that whole week. He recommended that Council conduct the workshop without him on September 13. Councilmember Duggan stated that September 22 would be better for his schedule than September 21 for the in -fill workshop. Councilmember Krebsbach stated that she will call staff and confirm her availability for the tentative workshops. At the request of Councilmember Duggan, it was the consensus to change the starting time for the budget workshop from 6:00 to 5:30. Councilmember Schneeman asked that the park tour include the Valley Park tennis courts. It was the consensus to tentatively schedule the infill workshop for 7:00 p.m. on September 22. COUNCIL COMMENTS Councilmember Krebsbach asked Engineer McDennott for an update on maintenance of the city ponds, in particular the pond close to Kensington. Engineer McDermott responded that she received a complaint from a resident whose yard backs up to Lockwood pond (Kensington). The Dakota County Wetlands Health Program did testing on the pond but staff does not have the results yet. There is quite a bit of algae in the Page No. 10 August 16, 2005 pond this year. Lockwood Pond is a private pond that is supposed to be maintained by the homeowners association, although it does receive a lot of water from city streets. There is a lot of duckweed on pond surfaces now, and duckweed is actually good for getting rid of algae. She looked at the pond today and there is some algae peaking through the duckweed on the pond. The city's civil engineer has done some research and found that the Metropolitan Council will come out and do one water sample at no cost to determine the amount of contaminates in the pond. He has also done research on barley straw rolls that can be staked in around the pond at intervals to help reduce the algae growth. That is a relatively inexpensive option, costing less than $1,000 for Lockwood Pond. Staff can meet with the homeowners association to give theirs these recommendations and to let them know that they should be using no- phosphorous fertilizer as well. Councilmember Duggan stated that he has the same concern about the Copperfield ponds. The neighborhood would like the city to start a program of aeration. It has been brought to his attention by several people, and he feels the city should build something into the budget next year to share the cost of improving the water quality. Mayor Huber stated that he had a call from a resident concerned about the amount of vegetation on Rogers Lake. Engineer McDermott responded that she has had calls from people about other ponds as well. She feels the problem may be because of the hot summer following the mild winter and will contact the DNR to see if algae is a problem generally. Councilmember Schneeman informed Council that she attended the July 20 symposium on aircraft noise put on by the National Organization to Ensure a Sound Controlled Environment (NOISE). One of the presenters was Dr. Ian Waits from MIT. He is the director of Partners, a Center of Excellence which was established in 2003 and is a partnership of the FAA, UPS, Boing, NASA, MIT and others. The program is being funded by those entities with the goal to reduce aircraft noise emissions and fuel consumption. One project that began at the Louisville airport in 2002 is called continuous descent approach (CDA). They feel they can significantly reduce noise pollution and fuel consumption by using CDA. MSP has been recommended in a letter from the FAA that the airport be a test site for CDA. She feels very hopeful about the technology and that there are entities working on this worldwide problem. She expressed Page No. 11 August 16, 2005 appreciation to Council for the giving Councilmembers and ARC members the ability to attend the conference. ADJOURN There being no further business to come before Council, Councihnember Duggan moved that the meeting be adjourned to closed session for discussion on the police department labor agreement and Pilot Knob acquisition, with subsequent adjournment to 5:30 p.m. on Monday, August 29 for a workshop on the proposed budget for 2006. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:27 p.m. Kathleen M. Swanson City Clerk