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2004-12-21 City Council minutesPage No. I December 21, 2004 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 21, 2004 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 notified Council that she was ill and would not be present. PLEDGE OF ALLEGIANCE Ayes: 4 Nays: 0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember Vitelli seconded the motion. APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the Truth In Taxation hearing held on December 6, 2004. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Councilmember Vitelli moved approval of the amended minutes of the regular meeting held on December 7, 2004. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the November 2004 Treasurer's Report. b. Acknowledgement of the November 2004 Fire Department Monthly Report. c. Acknowledgement of the November 10, 2004 Airport Relations Commission Minutes. Page No. 2 December 21, 2004 d. Adoption of Resolution No. 04 -100, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR A TEMPORARY SIGN FOR THE TOWN CENTER REDEVELOPMENT PROJECT." e. Adoption of Resolution No. 04 -101, "A RESOLUTION ESTABLISHING AN INTERNAL SERVICE FUND FOR THE ACCRUAL OF COMPENSATED ABSENCE." f. Adoption of Resolution No. 04 -102, "A RESOLUTION FORMALLY ACKNOWLEDGING THE DONATIONS FROM THE AMERICAN HEART ASOCIATION BY THE EDWARDS MEMORIAL TRUST AND VASATKA GOERS VFW TO THE CITY OF MENDOTA HEIGHTS." g. Adoption of Resolution No. 04 -103, "A RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON ORGANIZED EMPLOYEES TO REFLECT A 3 PERCENT ANNUAL ADJUSTMENT FOR 2005" and "Resolution No. 04- 104, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 2005 AND ESTABLISHING CERTAIN OTHER BENEFITS." h. Adoption of Resolution NO. 04 -105, "A RESOLUTION ADOPTING A CAPITAL ASSET POLICY." i. Authorization for issuance of a purchase order for turn out gear. j. Approval of the appointment of ARC Commissioner Elizabeth Petschel as the City's Second Alternate on the MSP NOC. k. Approval of list of contractor licenses. 1. Approval of the List of Claims dated December 21, 2004 and totaling $224,428.68. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 HEARING: 2005 BUDGET AND Mayor Huber opened the meeting for the continuation of the LEVY December 6 Truth in Taxation hearing. Mayor Huber informed the audience that the proposed 2005 levy and budget reflect changes Council made on December 6, so now there is no tax rate change. Mayor Huber asked for questions and comments from the audience. There being no questions or comments from the audience, Councilmember Vitelli moved that the hearing be closed. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Councilmember Duggan asked about the $30,000 Administration contingency. Finance Officer Schabacker responded that the Page No. 3 December 21, 2004 contingency is budgeted to cover any unanticipated expenditures or emergencies that arise during the year. Councilmember Duggan noted that there is $25,000 budgeted in Administration for a computer network consultant and asked how the city can hedge against such costs in the future. City Clerk Swanson responded that the allocation is for a consultant to reconfigure and upgrade the city's computer network. Microsoft no longer supports the version of network software the city's network runs and the network will be upgraded to the most current version of the software. This will not be an annual cost, and it should be several years before another upgrade is required. Councilmember Duggan asked if the snow blower budgeted in Public Works is only intended for use in Town Center. Councilmember Vitelli stated that he would assume that staff would not recommend buying a snow blower solely for one street in the city. Administrator Danielson stated that the snow blower will be used for cleaning trails and rinks and other things also, but the main reason it is needed is for the offset parking bays in Town Center. Councilmember Duggan stated that the budget pages should be numbered. He noted that there is $10,000 in the parks budget for MHAA and asked if Council approved a similar expenditure this year. Finance Officer Schabacker responded that the Council did authorize the -payment to MHAA in 2004. Councilmember Vitelli stated that he is opposed to all of the nitpicking on line items during a public meeting. People come to Council meetings to get things done and actions approved, and Council has spent 25 minutes nitpicking. Those questions should be taken up with staff before the meeting. Councilmember Duggan stated that Fund 21 had a balance of $90,000 with anticipated interest of $1,500, versus Fund 7, which has a balance of $30,000 and anticipated interest of $1,000. Fund 24 has a balance of $350,000 and estimated interest of $5,000. Page No. 4 December 21, 2004 Mayor Huber responded that Council has had the budget since August and he does not believe those pages have changed. Councilmember Duggan stated that he is trying to point out that Council needs to look at those things and he is entitled and allowed to ask those questions and get a response in a public forum. He is trying to demonstrate that there are differences in the numbers. Mayor Huber responded that staff does not know what interest rates are going to be, so rounding interest to the nearest $500 is appropriate. Councilmember Vitelli stated that he does not oppose Councilmember Duggan bringing up the questions, but he does object to taking the time at the public meeting to do so. Council has had the budget to review since August or September and since that time, only a few changes were made. Councilmember Duggan could have reviewed his questions privately with staff. If it is an issue and something should be changed, that should be brought to Council. Councilmember Duggan responded that his grasp of issues is different from Councilmember Vitelli's. Councilmember Schneeman moved adoption of Resolution No. 04- 106, "RESOLUTION APPROVING FINAL 2004 TAX LEVY COLLECTIBLE IN 2005 AND ADOPTION OF PROPOSED BUDGET FOR 2005." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 HEARING: TIF PLAN Mayor Huber opened the meeting for the purpose of a public hearing MODIFICATION on a proposed modification to the tax increment financing plan for Tax Increment Financing District No. 1. Mr. Mark Ruff, from Ehlers and Associates, was present for the discussion. Finance Officer Schabacker informed Council that Dakota County has passed a resolution supporting the modification. Mr. Ruff stated that the city has a tax increment district that consists primarily of commercial property along T.H. 55 that has been in existence since the early 1980's. The district has been modified three times in the past. It is proposed modifications be made to the plan so that the city is sure that it conforms to state rules. This is a technical modification that does not change the size of the district or the term of the district. Page No. 5 December 21, 2004 Mayor Huber asked for questions and comments from the audience. Councilmember Duggan asked what will happen in 2007 when the district expires. Mr. Ruff responded that in 2007 the district ceases to exist so that this property will go on the tax rolls just like every other piece of property in the city. During the term of the district, the tax revenues have been redirected to be used for extraordinary site costs and other allowed expenses. After 2007, all of the property owners in the city will benefit from the full tax base of the properties in the district. Councilmember Duggan asked what if someone came forward with a proposal to do something in the next two years. Mr. Ruff responded that Council could possibly create a new tax increment district but it would have to fall within a category that would allow tax increment and Council would have to go through the policy decisions. There being no questions or comments from the audience, Councilmember Vitelli moved that the hearing be closed. Councilmember Schneeman seconded the motion. Councilmember Vitelli moved adoption of Resolution No. 04-107, "RESOLUTION APPROVING A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. l." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CASE NO. 04-04, ALVAREZ Council acknowledged a proposed resolution of denial with respect to an application from Mr. Robert Alvarez for a lot width variance at 1167 Dodd Road. Council also acknowledged a request from Mr. Alvarez for waiver of the reapplication period for reapplication. Mr. Alvarez was present for the discussion. Councilmember Duggan stated that since Council since Council waived the reapplication period once before for Mr. Alvarez, he is comfortable doing so again. Mr. Alvarez is getting a better understanding of what Council wants on the site. Page No. 6 December 21, 2004 Councilmember Duggan moved adoption of Resolution No. 04-108, "A RESOLUTION DENYING A LOT WIDTH VARIANCE FOR A NEW HOME FOR ROBERT ALVAREZ AT 1167 DODD ROAD." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Councilmember Duggan moved to approve a waiver of the six month waiting period for reapplication for a variance. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 SLOPE REMEDIATION/ Council acknowledged a memo and proposed resolution from City STORM WATER FEES Engineer McDermott regarding continued discussion on slope remediation at 2400 Pilot Knob Road and Storm Sewer Utility funding. Ayes: 4 Nays: 0 Mayor Huber stated that Engineer McDermott is recommending a 150% increase in the storm water utility rates for business and industrial properties. He would be more comfortable with a 100% increase. He felt that extending the rate increase out a few more years would be better than increasing the rates by 150%. He commented that there is no increase recommended for institutional or residential rates at this time. Staff has not had a chance to review them. If it is determined that those rates should be increased, that would not be done until July, when sewer rates change. Councilmember Schneeman stated that she also prefers the 100% increase option. Coi.mcilmember Duggan moved adoption of Resolution No. 04-109, "RESOLUTION AMENDING THE CITY POLICY FOR THE STORM WATER DRAINAGE UTILITY," to increase the rates for business/industrial properties to $105 per acre as a means to assist in funding the slope remediation. Councilmember Schneeman seconded the motion. Councilmember Duggan asked if there needs to be language in the resolution regarding sunsetting the increase. Mayor Huber responded that it is Council's intent to sunset the increase when the increase is no longer needed. Page No. 7 December 21, 2004 COUNCIL COMMENTS Councilmember Duggan stated that someone expressed to him a concern about the crossing at T.H. 110 and Dodd. He suggested that Council entertain a letter to the county and MnDOT to ask what can be done with the center islands on the east side of T.H. 110 to make it safer for pedestrians and bicyclists. Councilmember Duggan commented on the proposed I -494 interchange at Argenta Trail. He stated that he would want to know the impacts on Mendota Heights. Council in the past established a process to be opposed to an interchange there and he wants to be sure that the city is kept in the information loop. Councilmember Schneeman responded Council needs to keep on top of the issue. Councilmember Duggan asked if the city gets paid for the land in Town Center when the first phase of the townhomes and condominiums build out. Attorney Schleck responded that the payments are made as the individual units are sold. The payoff of the mortgages of the large building is at the end of completion of the building when the occupancy certificate is issued. The park dedication is paid when building permits are applied for. Councilmember Schneeman expressed holiday wishes to Council, staff and the audience, stating that it is a wonderful time of the year and she wishes peace to everyone. Councilmember Vitelli asked Mayor Huber to give Council guidelines on what should be handled at public meetings and what should be handled with staff before the meetings. He appreciates Councilmember Duggan's thoroughness but not during a public meeting. He stated that if each Councilmember took 25 minutes at the meeting this evening, it would be two hours long. He felt Council should have some guidelines on what should be handled prior to a meeting with staff and what should be handled during the meeting, stating that this evening's meeting should have only lasted fifteen minutes. Mayor Huber responded that each member of Council works in a different style. He thinks one way for all of Council to think about it is to look at how everyone looks at issues. All of the Council members need to be respectful of each of the Councilmembers and Page No. 8 December 21, 2004 the audience when Council goes through the issues and considers what the best forum for discussion of the issues is. ADJOURN There being no further business to come before Council, Councilmember Schneeman moved that the meeting be adjourned to closed session for labor negotiations. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:30 p.m. Ka&een M. Swanson City Clerk ATTEST Jorer or