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2005-02-15 City Council minutesPage No. 1 February 15, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 15, 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 Vitelli. Councilmember Schneeman had notified Council that she would not be present. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the revised agenda for the meeting, revised to add Commission appointments. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 ACKNOWLEDGMENT OF Council acknowledged receipt of the draft minutes of the MINUTES regular meeting held on February 1, 2005. CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for the meeting, revised to move item 6k, liquor ordinance amendment, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the January 12, 2005 Airport Relations Commission minutes. b. Acknowledgement of the minutes of the February 8, 2005 Parks and Recreation Commission meeting. c. Acknowledgment of the Treasurer's monthly report for January. d. Acknowledgment of the Fire Department monthly report for January. e. Authorization for the issuance of a purchase order to the State of Minnesota Travel Management Division for the three year lease of two squad cars at $30,732.12 per squad and a purchase order to Emergency Automotive Technologies for emergency lights 1 and sirens for a cost not to exceed $9,000. Page No. 2 February 15, 2005 £ Adoption of Resolution No. 05 -08, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE 2005 SEASON," for Linder's Greenhouse. g. Authorization for the issuance of a purchase order to Infratech Infrastructure Technologies for Somerset Addition sewer system repairs for its low bid of $8,160.00 plus $200.00 per hour (approximately 3 -6 hours) if offset joints need cutting. h. Authorization for the issuance of a purchase order to Scharber & Sons for a trailer for the Parks Department for its low bid of $4,936.28. i. Approval of the issuance of a temporary liquor license to Beth Jacob Synagogue for Saturday, March 5 from 8:00 p.m. to 12:00 midnight in connection with a birthday celebration for Rabbi Allen. j. Approval of a minor revision to the wetland permit for a home addition at 682 Ivy Falls Court (Smookler). k. Approval of the list of contractor licenses dated February 15, 2005. 1. Approval of the list of claims dated February 15, 2005 and totaling $91,843.61. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 LIQUOR ORDINANCE Council acknowledged and briefly discussed a memo from the City Clerk and a proposed ordinance to amend the liquor ordinance to allow liquor licenses for locations 725 feet from a church, to allow off -sale liquor stores in MU -PUD districts, and to require that 60% of the gross sales of an establishment that holds an on -sale license be from the serving of food. Councilmember Vitelli moved adoption of Ordinance No. 398, "AN ORDINANCE AMENDING TITLE 3 CHAPTER 1 OF THE CITY CODE." Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Cliff Timm distributed copies of an article regarding pond management and northern pike. He also expressed concern about the aerator being used at Rogers Lake, stating that before the aerator was installed there were many eight inch sunfish but last year he caught only small sunfish. He also stated that there is not much open water and he called the DNR to ask when the aerator would be turned on. (. } Their response was that the DNR is not monitoring it. He felt that Page No. 3 February 15, 2005 the lake is not being aerated because of a misunderstanding between the DNR and city staff, and many of the fish could die. He also stated that he hopes the city doesn't restrict people from fishing at the culverts. The problem is that people are coming there and parking and their children play on the street. He further stated that there is only one foot of open water south of the culvert and he gave the city $50,000 for lowering the culvert and the DNR should have lowered south of the culvert. COUNCIL COMMENTS Councilmember Duggan informed the audience that there will be a town hall meeting at City Hall on Thursday, February 17. The community representatives on the Noise Oversight Committee have been meeting to try to have more effort made to try to quiet the airplanes that are impacting their communities. Part of that effort is to conduct a series of forums. The meeting on Thursday will represent Eagan, Inver Grove Heights and Mendota Heights. The cities' legislators and Metropolitan Council representative have been invited to attend. He stated that he hopes Mendota Heights residents as well as residents of the other communities attend the meeting to get updated on the Part 150 study and to hear about the 2020 airport expansion plan. There will also be meetings in Richfield, Minneapolis and Bloomington, and information on those meetings i will be available at City Hall. GREAT RIVER GREENING Ms. Deborah Karasov, Executive Director of Great River Greening was present to inform Council and the community about the organization. Great River Greening is a non - profit organization with a goal of greening the Mississippi River Valley. The organization would like all of the communities to preserve this resource. She is also a member of the critical area task force for the City of St. Paul, which is struggling with how to keep the critical area alive. Great River Greening is a technical assistance organization and they do not take positions on issues. They use their expertise to the benefit of the natural resources for all people. She invited everyone who has questions to call her organization when they have questions on vegetation. Her goal is to help the city to shepherd and steward this natural resource. More information is available at the organization's website, greatrivergreening.org. They work with cities that are truly interested in working to manage the bluffs. As an example, they helped St. Paul write a vegetation management plan for its bluff and helped them write a grant for future funding. Councilmember Krebsbach asked what service there would be for Mendota Heights residents. Page No. 4 February 15, 2005 Ms. Karasov responded that if a resident wants to hire a landscaping firm, they should. Great River Greening does not compete with landscape contractors. If a resident wants to know if something is appropriate for vegetation, her organization would review the plan. If the work enhances the public resource, the organization will do whatever it can to help private or public land owners. Councilmember Duggan asked what the organization's relationship is with the DNR. Ms. Karasov responded that Great River Greening has technical experts and would not be the city's advocate with the DNR. COMMISSION Mayor Huber informed the audience that Council conducted APPOINTMENTS interviews in a workshop earlier this evening with candidates for appointment to the Airport Relations Commission and NDC4. It was a very strong group of candidates, and he cannot remember a stronger slate of candidates, in particular for the ARC. Council had a good debate and has made its decision on the appointments. Mayor Huber stated that he is pleased to announce Mickey Kieffer has been selected to be the new citizen representative on NDC4 and that Brian Linnihan has been selected for appointment to the ARC. He expressed appreciation to all of the candidates and stated that he hopes they will continue their interest in being appointed to a commission. Councilmember Krebsbach moved to appoint Mickey Kieffer as the citizen representative on NDC4 and to appoint Brian Linnihan to serve on the Airport Relations Commission. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 CASE NO. 04 -43, GALLIGAN Council acknowledged a memo from Assistant Hollister regarding continued discussion from December 7, 2004 on an application from Mr. & Mrs. Dennis Galligan for a critical area permit for retaining walls and fill at 1845 Hunter Lane. Council also acknowledged a revised grading plan showing removal of fill. Assistant Hollister informed Council that late last year the Galligans were in the process of finishing their house when the city's code enforcement staff found out through a phone call that they were importing fill to complete their house. They had not received approval of the fill from the city. The Galligans met with the city's i Page No. 5 February 15, 2005 planning staff and were instructed to apply for a critical area permit for the fill and the retaining walls. They subsequently appeared before the Planning Commission. Council directed the applicants to come back with a plan to remove a sufficient amount of fill that had been brought in to reduce the imported fill to less than 100 cubic yards. The Galligans have submitted that plan. Councilmember Krebsbach stated that there has been communication apparently in the neighborhood that the city has been holding the Galligans up from completing their driveway, but this is the first time the Galligans have come back to Council with a plan. Mr. Galligan responded that he received a letter from the city saying he could finish the driveway and place the sod and he had the trucks at the house to do that and the job was stopped. Nothing can be done until the road restrictions are lifted in May. Councilmember Krebsbach stated that she wants it to be clear to the community that this is a very complex issue and Council is not trying to make it difficult for the Galligans to finish their driveway. This is the first time Mr. Galligan has come in with a plan since he appeared before Council in December. City Attorney Schleck reviewed proposed revisions and corrections and to the draft resolution approving the permit. He stated that the resolution needs to be revised to include some additional findings. He stated that if Council so desires, it can approve the critical area permit this evening but adopt the formal resolution at the next meeting. Responding to a question from Councilmember Krebsbach, Mr. Bruce Knutson, architect for the project, reviewed the proposed grading plan. He stated that with the house situated where it is, he had to raise the dirt to get into the garage, which is where most of the fill was placed. In order to maintain the original drainage, this tips the front yard more. What is important is that the Class 5 was in place. When he does the work, he will have to scrape off the Class 5 and remove the substrata and then put the Class 5 back on. He needs to make sure that the material that is taken away is the substrata and not the Class 5. Councilmember Krebsbach asked how the project will be monitored. Mr. Galligan responded that he had requested of the city staff that someone from the city be on site when the fill is removed so that Page No. 6 February 15, 2005 everyone can verify that it has been removed and how much was removed. Councilmember Duggan asked Mr. Galligan to confirm that no block was used in the bluffline area of the house. Mr. Galligan. stated the only one on that side is on the side of the house where the air conditioning units are, and that is not within the 40 feet. Councilmember Duggan was concerned about the inclusion in the resolution of a condition that it adheres to all of the requirements of the critical area ordinance. He felt that there might be some challenges with determining what that is, so he is raising the issue for clarification. Also, there is a statement that it would not have an adverse impact on the health, safety and welfare of the community. He stated that there might be someone who would disagree with that and he has to acknowledge that this is not an easy situation. He is supportive of what Mr. Galligan is doing but does have some reservations as to where this might go and he may abstain from voting tonight. Councilmember Krebsbach asked if the condition on adherence to all of the critical area ordinance requirements and the health, safety and welfare statement is included in any other resolutions that pertain to this or any other property. Councilmember Duggan suggested that, since the project cannot be done until May, Council take no action this evening, stating that he would like to see the resolution before he supports approval. Mayor Huber responded that the application is nearing the 120 day deadline for action. It appears that the concern is over the wording in the resolution, and he would feel comfortable acting this evening and reviewing the resolution at the next meeting. If Council does nothing, it might be in the position that what has been done is approved by default. Council can debate the resolution at the next meeting. Attorney Schleck stated that with the applicant's consent, Council can extend the deadline for another 90 days. If Mr. Galligan does not consent, Council would have to deny it tonight and would have to adopt written findings tonight. He felt it would be extremely difficult to change that decision later once the denial is on the record. He informed Council that the language relating to the health, safety Page No. 7 February 15, 2005 and welfare of the citizens is in every planning related resolution Council passes. Councilmember Krebsbach asked if Council can remove adherence to all requirements of the critical area ordinance from the resolution. Attorney Schleck responded that it can be deleted, since it is potentially a redundant phrase. That phrase is not normally included in the resolutions, and everything that is done in the city has to comply with the requirements of the city's ordinances. Councilmember Krebsbach stated that she would like that phrase removed and she would then support approval. Her support of the final resolution will be based on that. Councilmember Vitelli moved to approve the critical area permit and direct the City Attorney to prepare a formal resolution for consideration on March 1. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 1 Duggan Responding to a question from Councilmember Krebsbach, Mr. Galligan stated that he will correct the misinformation in the neighborhood. CHAPMAN — POOL COVER Council acknowledged a memo from Assistant Hollister regarding staff research on a request from Mr. Richard Chapman for a waiver of the requirement for fencing around a swimming pool. Mayor Huber stated that Council discussed the request last September and has had time to research retractable pool covers and whether they would have an impact on the fence requirements for pools. Mr. Chapman stated that at the last discussion, he was looking form some language that the city would be comfortable with in regard to amending the ordinance. He informed Council that his family will be moving into their new home in ten days. When he put the pool in, his initial motive was not to disturb the view with a fence. Sunfish Lake does not require fences if there is a retractable pool cover and he was hoping Mendota Heights would do the same. If Council told him he could do either the fence or the retractable cover, he would have the cover because he thinks it is safer for his family and his neighborhood. If Council tells him he needs a fence, he will do both 1 Page No. 8 February 15, 2005 the fence and cover. He would like Council to consider adopting an ordinance similar to Sunfish Lake and Scott County. Councilmember Duggan stated that he has a swimming pool and if he were doing it over again, he would install a retractable cover if the ordinance permitted it because it makes sense aesthetically and safety wise. He noted that there are many ponds in the city and there are no fences around them. He was happy to see the proposed ordinance amendment requires proof of insurance specific to the pool safety cover and inspection of the cover on an annual basis by the installer. People have raised the issue of what happens if it sticks and how quickly someone could respond. He felt that would not be dissimilar to if the latch on his fence gate were to stick and he was not aware of it or if the children were to go out of his gate and not slam it. He agrees with Mr. Chapman that safety wise, a fence is a fence and people can get over them. He felt the cover is a greater deterrent and stated that he would support it. Councilmember Krebsbach stated that she does not support the request. She has received a lot of communications on the issue, and people are concerned that Council would amend the ordinance to allow the request. Councilmember Krebsbach moved to deny the request. Mayor Huber seconded the motion. Mayor Huber stated that he has also had a number of calls and has heard arguments on both sides. A fence can be fixed easily if a latch is broken, but it is not as easy to fix a pool cover that is stuck open until a repairman can come out. The city is not in a situation where it should be cutting edge on the issue. He would rather sit back and see what other cities do as the concept of pool covers becomes more widespread. Councilmember Vitelli stated that he supports the request for the same reasons Councilmember Duggan stated. He also felt that the suggestions on proof of insurance and inspections that Councilmember Duggan had made are good. Technology is moving ahead. Sunfish Lake has seen this as a viable option to the fence. He thinks that the whole proposal of the pool over is very good and would support it. Councilmember Duggan stated that as the government of the city, as Council continues to step into what he considers to be areas of personal responsibility in terms of the homeowner making sure the Ayes: 2 Huber, Krebsbach Nays: 2 Duggan, Vitelli Ayes: 2 Duggan, Vitelli Nays: 2 Huber, Krebsbach Page No. 9 February 15, 2005 latch is closed or to be sure the pool cover is working, Council is diminishing the responsibility of the homeowners in relation to having a better community. People are responsible and aware and do their study and do supervise their children. It is the unsupervised that creates problems, and the majority of the accidents are in open areas and not swimming pools. Mayor Huber stated that Council would not be making new rules to have more control, but rather, would be staying with regulations that already exist. Motion fails. Councilmember Duggan moved to approve the ordinance amendment to permit engineered pool covers. Councilmember Vitelli seconded the motion. Motion fails. Mayor Huber stated that at the moment, the existing requirements will remain in place. Mr. Chapman stated that he has five acres of land. The wetlands setback goes right through a big stand of oaks and he would like to put the fence through the oak trees. Mayor Huber directed Assistant Hollister to inform Mr. Chapman on the process for applying for a wetlands permit. Councilmember Duggan suggested that the fee Mr. Chapman paid for applying for the ordinance amendment be applied to the new application for the wetlands permit. ATT /CINGULAR Council acknowledged a memo from Administrator Danielson regarding a communication from Mr. Jason Forgey of Cingular Wireless suggesting a reduction in rent to the city for the AT &T wireless antenna tower at city owned property at 1196 Northland Drive. Administrator Danielson informed Council that AT &T was recently acquired by Cingular. With that acquisition, Cingular acquired all of the AT &T antennas. Cingular is asking that the rent for the tower be reduced from$3,700 to $1,600. They have told him that this antenna Page No. 10 February 15, 2005 has overlapping coverage and might be removed if the city does not consider reducing the rent. Inver Grove Heights has an AT &T antenna at I -494 and Argenta, and Eagan has one at T.H. 13 and Yankee Doodle and one at I -35E and Deerwood. Councilmember Duggan stated that he called Mr. Forgey today and they are interested in continuing with the lease. He told Mr. Forgey that, based on some averages (they have 25,000 antennas), their lease prices work out at $20,000 annually per antenna lease. Mr. Forgey would not be uncomfortable with that. He also talked to Mr. Forgey about determinations on cost of living, and he might consider 1.5 to 2% and about $2,000 per month rather than the $3,780 per month lease. These are just preliminary discussions with Cingular. He stated that he believes that the ordinance stipulates that by taking antennas away, Cingular must prove to the city that they are not taking away service from Mendota Heights residents. Cingular has 25,000 antennas to do in a short time throughout the country. When Cingular talks about a 6 month abatement period in the lease, they are asking that, because of their cost of reconfiguring equipment at their cost of $35,000 to $40,000, they would like a six month abatement on the monthly lease. They are looking at $1,625 to $2,000 per month lease and a six month abatement, which is a lot less than the current $3,780 per month lease. Councilmember Vitelli stated that he proposes $2,200 per month. If they do not accept it, the city just loses the rent. If the city goes any lower, Sprint will be in asking for a reduction. Councilmember Krebsbach stated that the city should have a counter offer, but not less than the Sprint lease. Council directed Administrator Danielson to negotiate with Mr. Forgey and come back to Council with a recommendation. Responding to a question from Councilmember Duggan, Administrator Danielson stated that Cingular would not be required to prove there would be a deleterious impact on service if they remove the tower. RADIOS Council acknowledged a memo from Administrator Danielson regarding the future of radios in Mendota Heights and establishment of a radio task force. Mayor Huber stated that Council has received at least two memos from the police and fire chiefs regarding radio capacity and dispatch Page No. 11 February 15, 2005 service and police record keeping. Everyone knows that there are some communities around Mendota Heights who are looking at different options on how they will handle radio services and dispatching. He stated that he thinks Council needs to appoint a radio subcommittee and wants it to be very clear that the subcommittee is not charged with deciding what the city should change to. No matter what the subcommittee thinks, it would need to come back to Council for full consideration. Every year Council goes through a decision process on whether to continue with West St. Paul, and that decision must be made by July 1. He felt that Council needs to have a good discussion and study if Council decides to stay with West St. Paul. There is nothing about the subcommittee that should be construed to say that the city must change or should change. Doing nothing is certainly an option. Administrator Danielson stated that this has serious budget implications and staff needs to know where the city is going to go. Mayor Huber stated that he is sure the subcommittee will have conversations with West. St. Paul, Eagan and Dakota County. He stated that he would like to serve on the subcommittee and that Administrator Danielson, Chief Aschenbrener, Chief Maczko and Finance Director Schabacker should also be on the subcommittee. He would welcome another member of Council to serve on the subcommittee. He would like to have some agreement that the subcommittee is something that should be done, stating that any recommendation they make must come back to Council no later than June 1 to enough time to allow thorough debate by Council. It was the consensus that appointing a radio subcommittee would be a good idea. Mayor Huber asked that the Councilmembers consider whether they would like to serve on the subcommittee, and stated that he will raise the issue at the next meeting. COUNCIL COMMENTS Councilmember Vitelli stated that he had the pleasure of attending the recent Fire Department awards banquet and that it is too bad that all of the residents could not attend. He stated that the fire department is a very professional and dedicate group and it was shocking to him to learn that the retirees who attended the banquet represented 400 years of service to the residents. Councilmember Vitelli stated that the commission applicants who were interviewed this evening were a very talented group of Page No. 12 February 15, 2005 individuals and their offering their time to the city is very impressive. Councilmember Vitelli informed the audience that footings for Building F in Town Center have been poured and block is being placed. Councilmember Vitelli announced that he and his wife Charlene were blessed with a new grandchild, Matthew, this evening. Councilmember Krebsbach stated that people having been talking about that Kowalski presentation at the last meeting and are very pleased to hear of the talk of a grocery /deli. People also seem to be interested in the proposed wine store. She commented that her employer, St. Paul College is instituting a wine certification program next fall. Councilmember Krebsbach congratulated the City of Mendota for having what is probably the most expensive home in the Parade of Homes. Councilmember Krebsbach informed Council that she and her husband visited the town houses at Town Center and they are lovely. She encouraged people to take a look at them. Councilmember Duggan asked if the home in Mendota on Windy Ridge is in the critical area and if Mendota should have talked to Council about its construction. Councilmember Duggan echoed Councilmember Vitelli's comments about the fire department, stating that the camaraderie of the members and their admiration and acceptance of each other and the way they work together is wonderful. Councilmember Duggan thanked staff for its prompt response to Mr. Bob Kreuser's comments at the last meeting. Mayor Huber announced that the fire department recognized Michelle Henning as its firefighter of the year for 2004, the first female firefighter of the year in Mendota Heights. CLOSED SESSION City Attorney Dan Schleck recommended that Council adjourn to closed session on threatened litigation from the owners of 2400 Pilot Knob Road. r' � Page No. 13 February 15, 2005 ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned to closed session for discussion on threatened litigation from the owners of 2400 Pilot Knob Road. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Kadleen A Swanson City Clerk ATTEST: J r ayor