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2005-05-17 City Council minutesPage No. 1 May 17, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 17, 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, Schneeman and Vitelli. Councilmember Krebsbach had informed Council that she would be absent. PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Duggan seconded the motion. APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on May 17, 2005 as amended. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move item 6n, FAA Resolution, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes from the March 9 & April 13, 2005 Airport Relations Commission meetings. b. Acknowledgement of the minutes from the May 10, 2005 Parks and Recreation Commission meeting c. Acknowledgement of the Fire Department April 2005 monthly report. d. Acknowledgement of the April 2005 Treasurers Report. e. Acknowledgement of the Village Market — market study. f. Acknowledgement of the status report for the 2005 Open Book C. ) meetings. Page No. 2 May 17, 2005 g. Acknowledgement of an IT status report h. Authorization for replacement of carpet for the Fire Department activity room. i. Authorization for issuance of a purchase order for sewer system repairs — Ivy Hill Drive. j. Approval for the issuance of a sign permit for CNS Construction, Inc. at 2156 Dodd Road. k. Approval of minor exterior alteration for 2520 Pilot Knob Road. 1. Adoption of Resolution No. 05- 29, "A RESOLUTION APPROVING A SUBDIVISION TO CREATE ONE ADDITIONAL LOT AT 748 WILLOW LANE." m. Adoption of Resolution No. 05 -30, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT FOR GRADING WORK FOR PLAYGROUND IMPROVEMENTS AT 1355 DODD ROAD." n. Approval of the list of contractor licenses dated May 17, 2005. o. Approval of the list of claims dated May 17, 2005 and totaling $137,352.62. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 MSP AIR CORRIDOR Council acknowledged a memo and proposed resolution from Administrator Danielson regarding a recent request from the NOC that the FAA amend its policy and not give planes their headings off Runway 12L until they have passed the end of the runway. Councilmember Duggan gave credit to the ARC for their efforts over the years that have lead to this. The result is that if it is implemented, planes will be diverted more to the south end of T.H. 110. He also acknowledged the ARC's efforts in working with the FAA, who were at the last ARC meeting. The FAA will work harder on the "crossing in the corridor" concept which was developed here some time ago with MAC to reduce noise by keeping more of the aircraft in the corridor south of T.H. 110 and in the industrial area. Councilmember Schneeman stated that it was wonderful to see the cooperation of all of the parties involved. Councilmember Duggan moved adoption of Resolution No. 05 -31, "A RESOLUTION REQUESTING THAT THE FAA NOT ISSUE 0900 HEADING OFF RUNWAY 12L UNTIL DEPARTING AIRCRAFT REACH THE END OF THE RUNWAY 12L." Page No. 3 May 17, 2005 Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Cliff Tim was present to discuss the goose problem, citing a recent article in the Pioneer Press. He stated that he had contributed money for the culvert on South Rogers Lake to make it deeper, but he walked out 200 feet and it was still only two feet deep. He also discussed his desire to get aeration in North Rogers Lake. Before Wagon Wheel Trail improvements are ultimately done, he would like to get together with the city to do something. He would also like to try to get something done to make it easier for handicapped people to fish. He would like to see some rain gardens at St. Thomas Academy bordering Rogers Lake and would be willing to assist in financing them. Councilmember Schneeman expressed appreciation to Mr. Timm for his support and for the money and time he puts into the quality of life in West St. Paul and Mendota Heights. HEARINGS — 3.2 MALT Council acknowledged a memo from the City Clerk regarding LIQUOR LICENSES applications from Speedway SuperAmerica 4516 and 4521 for renewal of their 3.2 malt beverage off -sale licenses and from Par 3 Golf for an renewal of its on -sale 3.2 malt beverage license. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Mayor Huber opened the meeting for the purpose of a public hearing on an application from Speedway SuperAmerica 4516 for renewal of their 3.2 malt beverage off -sale license. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Schneeman moved that the hearing be closed. Councilmember Duggan seconded the motion. Councilmember Duggan moved to grant renewal of a 3.2 malt beverage off -sale license to Speedway SuperAmerica #4516. Councilmember Schneeman seconded the motion. Mayor Huber opened the meeting for the purpose of a public hearing on an application from Speedway SuperAmerica 4521 for renewal of their 3.2 malt beverage off -sale license. Mayor Huber asked for questions and comments from the audience. Page No. 4 May 17, 2005 There being no questions or comments, Councilmember Schneeman moved that the hearing be closed. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Councilmember Duggan moved to grant renewal of a 3.2 malt beverage off -sale license to Speedway SuperAmerica #4521. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Mayor Huber opened the meeting for the purpose of a public hearing on an application from Par 3 Golf Inc. 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. City Attorney Schleck stated that it is important to note that the owners of the Par 3 Golf Course are asking to have their on -sale 3.2 license renewed and they are also opening for business. He finds that interesting given their position on rezoning and their request for an amendment to the comprehensive plan in which they indicated that they are continuously losing money by operating the golf course. He wanted it noted that they are not probably not losing too much since they are going forward with asking for renewal of their liquor license. There being no further questions or comments, Councilmember Duggan moved that the hearing be closed. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Councilmember Duggan moved to grant renewal of an on -sale 3.2 malt beverage license to Par 3 Golf, Inc. Councilmember Schneeman seconded the motion. Ayes: 4 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- Page No. 5 May 17, 2005 analyzed. In their presentation, the students will focus on the overall j average data on Rogers Lake. They will also distribute a pamphlet that they have prepared to inform property owners on Rogers Lake on the quality of the water and giving suggestions on how to improve the water quality. Cadet Jack Baer gave background information on Rogers Lake's characteristics and the fish species. Cadet Kevin Partington showed a map detailing the test sites. Cadet Baer reviewed the chemical data monitoring form and how a water quality rating is determined. Cadet Clark Haake reviewed information on the overall quality data for the eight sites on Rogers Lake. Data was compiled to show overall values and values that were taken in the spring and fall. The quality is always in the high 60's and low 70's, with an overall average of 70.2, which is a relatively good water quality rating. Cadet Tom Henderson discussed the pollution tolerance test, giving information on how the test was taken and stating that the PT test is more important than chemical testing because it is a more steady source of information. Cadet Liles Repp reviewed the water quality index values, stating that the overall value is fair. When the students were doing chemical testing this year, one of their biggest concerns was the coloform testing. There were spikes up to 2000 at the Rogers Lake beach, which they think was largely caused by geese. Cadet Tim Wozniak reviewed the historical and current data, stating that throughout the years that the students have been doing studies, the water index rating has been in the 60's to 70's. This past fall and spring, there has been an improvement in the water quality. The concerns are over fecal coloform, caused by the geese, and nitrates and phosphates in the lake as well as turbidity. Some solutions are for property owners to use low phosphate fertilizers, to not fertilize before heavy rains, to dispose of yard waste properly, to not have compost close to the lake and to create buffer zones of natural vegetation near the shoreline. Mr. Timm encouraged people who have shore property to have some kind of a buffer zone. Rain gardens would be helpful, as well as eliminating the geese. He stated that he would help finance those things. Councilmember Schneeman stated that there is a book prepared by the DNR on lakescaping, and she will get a copy of the book to Mr. Kinzley. Page No. 6 May 17, 2005 Mayor Huber expressed Council's appreciation to Mr. Kinzley and his class for their report. 800 MHz/HiPP PRESENTATION Council acknowledged a memo from Police Chief Aschenbrener regarding a presentation on the HiPP Policy Committee recommendation on consolidated dispatching. Mr. Russ Sinkler, from PSC Alliance, was present for the discussion. Chief Aschenbrener Mr. Sinkler stated that throughout the entire process of discussing dispatching there was a strong concurrence by the HiPP group that a high level of service is the priority and that there should be the highest common level of service as a basis. With respect to cost sharing, the county would build the facility somewhere on government land and would lease it back to a joint dispatch cooperative. The county would subsidize a minimum of $750,000 a year, adjusted for inflation, and the balance of the operating and capitol expenses would be paid for by the member jurisdictions in the same percentage that they would be sharing all costs throughout the years. The minimum commitment by the county and the member jurisdictions is five years. Everyone decided that usage is the measure for costs. The 911 calls for service and total number of CAD events brought together would create an activity number for each municipality and then a percentage would be figured across the county based on usage. The board of directors will be made up of elected officials from each of the member cities and they would have the opportunity to review the financials and review the cost sharing equation. There are a couple of locations the county is looking at, including Empire Township, but no location has been selected yet. Councilmember Vitelli asked if the city be able to predict its costs for the coming year by the middle of the current year. He also asked if there has been an analysis made of what the cost sharing would be based on population versus based on calls for service. Mr. Sinkler responded that is the intent. The year end data would be available to compute next year's expenses. With respect to cost sharing, the population amounts and calls for service for the communities is pretty constant and close together for most of the cities. Councilmember Vitelli noted that Mr. Sinkler stated that the objective is to provide the level of service that reflects the best Page No. 7 May 17, 2005 service provided from cities that are in the group. He stated that the one concern Council has is whether the consolidated dispatching would provide the same level of service for fire that the city currently receives from West St. Paul. Mr. Sinkler responded that is the commitment. The fire departments have been very actively engaged in the process. As the result of the shift to 800 MHz, the paging and alerting system for firefighters would be much better than they have today. Also, there will be greater depth in the center than any of the 911 centers have today. There will be a dedicated fire dispatcher. Councilmember Duggan noted that the financial model included in the information submitted to Council indicates that Mendota Heights has the lowest number of calls and, therefore, the lowest cost estimate. He asked about costs for cities that sign up later. He also asked if Dakota County has learned from the other cities and counties that have gone to 800 MHz. Mr. Sinkler responded that if a city starts later, they would have to pay some of the start up costs. The other cities and counties that are using 800 MHz have been very helpful. Responding to a question from Councilmember Schneeman, Mr. Sinkler stated that the deadline for cities to join is the end of May. Councilmember Vitelli asked the City Clerk make sure to document in the minutes that there was an indication of a commitment to provide the same level of service and follow up for fire that the city currently gets from West St. Paul. Mr. Sinkler stated that all of the cities that have been participating have agreed there should be a joint powers agreement. Because of the amount of funding some of the communities will be putting into this, the elected officials on the Board would bring a vote to the table based on what they are contributing. There will also be an executive committee made up of city administrators. If service levels for any agency do not meet that agency's expectations, the executive committee is where there is a recourse. The operations committee, which will consist of the member cities' police and fire chiefs, is very important. All of the chiefs from all of the agencies agree that public safety needs to have a voice at the table. That forum is provided in the model. If Chief Maczko wanted to have a procedure changed if something was not working as well as he wants, for example, he would bring that to the operations committee. Page No. 8 May 17, 2005 Councilmember Duggan asked if Mr. Sinkler anticipates that Chief Maczko's ability to do that would be monthly or quarterly. Mr. Sinkler responded that the first round of recourse would be that the chief would communicate with the person who is being held accountable for the operation, and 99% of the matters will be handled very quickly. There may be some situations that need more discussion and collaboration, and in those cases, the operations committee would be the perfect arena. No one has said how often the group will meet, but he anticipates that they will meet monthly in the beginning and then quarterly. Councilmember Vitelli asked if the HiPP team has discussed staffing and supervision, in particular, for the center. It should be staffed with people who know the geography, which might mean drawing from several areas of the county. Mr. Sinkler responded that what the team has focused on is quality and retention of good people, between now and when the system is turned on in May through July in 2007, it gives two years for the process. The next two years need to be spent on preparing people in getting to know the departments and cross training, etc. In June, if the cities agree to doing this, there would be a pulling together of the HR people from each of the agencies that have employees engaged in dispatching now to get their thoughts together on the recruitment process. Councilmember Vitelli stated that he is very confident that centralization will prove to be extremely effective and that the county, working with the cities, can put together an excellent center and staff it appropriately. He stated that he had experience in doing this at Honeywell, where they centralized all of the central station responses on security, and staffing was key, and supervision in particular. Chief Maczko stated that he thinks this is the right way to go. The 800 MHz system, if it is designed correctly, will provide something very good for everyone. As far as the joint communications center, there is no reason it cannot work well as long as there is a commitment to be the best and provide the best service possible. Mayor Huber stated that he is a little worried that the organizational structure is a bit unwieldy. Page No. 9 May 17, 2005 Chief Aschenbrener responded that it is actually an operational model that is currently in use in Fargo/Moorhead. It is functional and operational and it is the model. Councilmember Duggan moved adoption of Resolution. 05 -32, "A RESOLTUION AUTHORIZING PARTICIPATION IN COUNTY WIDE JOINT DISPATCH CENTER." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 2004 ANNUAL REPORT Council acknowledged the Police Department Annual Report for 2004. Chief Aschenbrener read the department's mission statement and reviewed the report for Council and the audience. Councilmember Vitelli congratulated Chief Aschenbrener and the department, stating that he hopes that all of the officers and staff realize that Council supports them in what they do. Council receives many compliments on the officers. Councilmember Duggan congratulated Chief Aschenbrener on the excellent report. CASE NO. 05-14, HAGEN Council acknowledged an application from Mr. Kurt Hagen for a wetlands permit for a new home at 1280 Lakeview Avenue. Council also acknowledged associated staff reports. Assistant Hollister briefly reviewed the application and the Planning Commission discussion and recommendation. The home at 1280 Lakeview was severely damaged in a fire in 2004, and the applicant wishes to demolish the structure and build a new home. Mr. Hagen needs a wetlands permit to build the new home because the existing house and garage are within 100 feet of the wetlands. Three key representations were made at the Planning Commission meeting. The existing driveway would be removed and the new house would have a driveway closer to the neighbor's driveway. That would place the driveway outside of the wetland buffer. The new home can be no closer to the wetlands than the old home. The septic system must be abandoned and the new home must be connected to the city's sewer and water. The planner also recommended planting natural vegetation between the new home and the wetlands. Mr. Hagen stated that he thought the commission discussed that the new home could be 75 feet from the wetland buffer rather than 100 feet, but that is not in the resolution. Page No. 10 May 17, 2005 Assistant Hollister agreed, stating that Mr. Hagen had proposed that the new house be no closer to the wetlands than the existing house. The way the recommendation came from the Planning Commission was a 25 foot encroachment into the wetlands setback. That is saying the new house shall not come any closer than 75 feet from the wetland. In the draft resolution, there is no reference to the 75 feet, and he would recommend adding a fifth condition to the resolution. Attorney Schleck suggested that 75 feet be added to the first finding. Responding to a question from Councilmember Duggan, Assistant Hollister stated that it would be 75 feet from the line on the map, which is the water's edge of the lake. Attorney Schleck suggested that the resolution be revised to state that the proposed home will encroach no further into the wetland setback than the existing home and either add the language 75 feet from the wetland or 25 feet into the wetland setback. Councilmember Schneeman moved adoption of Resolution No. 05- 33, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A NEW HOME AT 1280 LAKEVIEW AVENUE," as 1 amended. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 CDBG Council acknowledged a memo from. Administrator Danielson regarding used of the city's CDBG funds to improve access by removal of barriers to the disabled in city parks or at City Hall. Administrator Danielson informed Council that he was contacted by Mr. Dan Rogness, from the Dakota County CDA, a few weeks ago because Mr. Rogness wanted to discuss with Councilmember Schneeman and him what the city can do with its excess CDBG money. Mr. Rogness presented some options. One was to give the money to someone else. Two of the ideas he gave were to make some handicapped accessibility modifications to City Hall or to make them to the parks. One modification at City Hall would be to remodel the rest rooms, and another would be to replace door knobs with lever handles. The park modifications would be to construct paved pathways from the parking lots to the ball fields and to create wheelchair ramps. Operations and Projects Coordinator Kullander would prefer to do the parks this year. Before making any decision Page No. 11 May 17, 2005 on the parks, the matter should be referred to the Parks and Recreation Commission. Councilmember Schneeman stated that the meeting with Mr. Rogness was very good, and everyone agreed that the barriers in the parks would be the best way to spend the CDBG money, but that it should go the Parks and Recreation Commission first. Councilmember Vitelli stated that Administrator Danielson should check with the parks crew to make sure this would not have a negative impact on them. Attorney Schleck stated that he spoke to Mr. Kullander about this. There are very strict limitations on what the money can be used for. Barrier removal and ADA compliance is what the money was intended for. FIFTIETH ANNIVERSARY Council acknowledged a memo from Operations and Projects Coordinator Kullander regarding the city's fiftieth anniversary celebration. Administrator Danielson stated that at the recent goal setting workshop, Council discussed the fiftieth anniversary. The city had looked at putting a book together, and Mr. Bill Woiston was willing to do that, but there have not been many people who volunteered to help with it. Mr. Wolston has a lot of information available. Staff asked the Parks and Recreation Commission to help look at what should be done and what could be done in concert with the park celebration in 2006. They like the idea of a combined celebration and made several recommendations to Council. The first option includes adding a 30 minute ceremony honoring the city's past and present, handing out a booklet about the city history, starting the event at 10:00 a.m. and continuing it for three or more hours, and adding beverages, cake and, perhaps, a band. They estimated the cost at about $5,000. The second suggestion was to form a committee to develop a new event plan for a combined 2006 celebration of the parks and the city's anniversary, and possibly changing the date to July 4. The budget for this option would be from $10,000 to $20,000. The question before Council this evening is how big an event they would like. Councilmember Duggan stated that he is involved with the children's races for the park celebration and saw recently that Inver Grove Heights does a 5k walk/ran. He would recommend that the commission consider holding at least a 1 Ok run. He would like to Page No. 12 May 17, 2005 see health and fitness tied in with the event. The city has excellent trails and this would be a good way for people to participate. Councilmember Schneeman stated that Council must decide how much money to spend and who will chair the event. Also, a good committee needs to be formed. Mayor Huber stated that he would like to at least explore something more in line with the second option suggested by the commission. He would ask them to look at a little bigger celebration than the normal annual park celebration. He pointed out that the fire department anniversary celebration was very well attended. Holding the event in connection with July 4 would make since because the fireworks is a natural draw. He did not think he would want to spend $20,000, but more than $5,000 would be appropriate. Councilmember Schneeman stated that she would agree to a $10,000 budget. Councilmember Duggan stated that there are very generous people in the community, and if the city gets the word out, he thinks people would contribute to the celebration. He thinks Council should set a budget of $10,000 and then see what kind of financial support the city receives from the community. Councilmember Duggan stated that he likes Councilmember Duggan's idea of some type of walk or race over a mapped out set of pathways. That would bring attention to the city's pathways. T- shirts and medals awarded for each age group would be a good idea as well. Councilmember Duggan stated that if there is biking and running, he would stagger the start times. Administrator Danielson stated that the parks commission plans to meet before their regular meetings, beginning next month, to work on this. Mayor Huber stated that he would suggest something that is bigger than the normal park celebration, a walk/ran, and on July 4 in combination with the park celebration. Councilmembers Duggan and Schneeman volunteered to serve on the committee. Page No. 13 May 17, 2005 COUNCIL COMMENTS Councilmember Schneeman stated that she was in Omaha last week and ran into someone who said that he built City Hall. She also informed Council that she attended the recent DARE graduation at Visitation and it was wonderful. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:08 p.m. 2!��zz A !z RdIble-en M. •- City Clerk ATTEST: John J/k5wir Mayo