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2004-10-19 City Council minutesPage No. 1 October 19, 2004 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 19, 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 Acting Mayor Schneeman called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. Mayor Huber arrived at 8:10 p.m. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agenda as submitted for the October 19, 2004 Council meeting. Councilmember Vitelli seconded the motion. Councilmember Duggan requested that item 6.1. be removed from the Consent Agenda and added to the regular agenda as item 8.b. It was the consensus of the Council to hold the Public Comments portion of the meeting until Mayor Huber's arrival. Councilmember Krebsbach withdrew her motion; Councilmember Vitelli withdrew his second. Councilmember Krebsbach moved adoption of the agenda as amended for the October 19, 2004 Council meeting. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular meeting held on October 5, 2004, as submitted. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Page No. 2 October 19, 2004 CONSENT CALENDAR The following items were pulled for separate discussion from the Consent Calendar: a., h., i.,1. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Councilmember Vitelli moved approval of all items on the Consent Calendar with the exception of item Nos. a., h., i., and 1. Councilmember Duggan seconded the motion. a. Parks & Recreation Minutes Councilmember Schneeman noted that two park benches have been donated to the City from the St. Paul Rotaiy Club in recognition of the City's Centennial celebration in 2006. This is a wonderful gift for the City. Councilmember Vitelli moved acknowledgement of the Minutes from the October 12, 2004 Parks & Recreation Commission Meeting. Councilmember Krebsbach seconded the motion. h. Building Permit Councilmember Krebsbach asked for further clarification on the proposed changes. Mr. Fefer stated that the building permit is for Phase 2 building. Changes include brick columns to break up the fagade and make it more complimentary of the first building. Councilmember Vitelli moved approval of the Building Permit for Tony Fefer, Mendota Heights Office Center, Lexington Avenue and Mendota Heights Road. Councilmember Duggan seconded the motion. i. Gateway Bank Signage Councilmember Krebsbach asked for further information about the signage on the building. Mr. Fefercorn showed illustrations of the signage on the north and south face of the building that is consistent with the architectural design that has been approved. Councilmember Schneeman asked about lighting for the flagpole that will be at the bank. Mr. Fefercorn responded that the electric consultant is recommending buried cable to avoid glare. He is in the process of getting quotes for this work. Page No. 3 October 19, 2004 Councilmember Vitelli asked when the bank will be open at its new site. Mr. Fefercorn stated that the bank will open this upcoming weekend. Councilmember Duggan moved approval of the Gateway Bank Signage. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 PRESENTATIONS MEDAL OF VALOR It was the consensus of the Council to hold this item until the arrival of Mayor Huber. FIRE CHIEF MACZKO Fire Chief Maczko reported that October is a big month for Fire Department. Recently the Fire Department hosted one of the largest Open Houses in Dakota County during Fire Prevention Week. He announced the 56th Firefighters Dance to be held Friday, October 29, 2004, at the Prom Expo. This is a community event, and he would urge all residents to come. Fire Chief Maczko noted that clocks are turned back on Sunday, October 31, 2004, Halloween. This is also a good time to check batteries in smoke alarms. At 7:00 p.m. on Halloween, the Annual Bonfire will be behind Mendota Plaza. Hot dogs and pop are served. Tickets for the annual firemen's dance, which will be held on October 29, may be purchased in advance at City Hall for $10.00 each. Firefighters are also selling tickets. Councilmember Vitelli commended Chief Maczko on the Open House. Over 1,000 people attended a very well run event. He stated that the dance is also very enjoyable. The music is good, and young people as well as older adults would enjoy it. He noted the City is not yet 50 years old and asked how the Firefighters Ball is No. 56. Chief Maczko explained that the Fire Department was originally formed in the north half of Eagan, Inver Grove Heights and West St. Paul. Acting Mayor Schneeman asked if there is a smoke detector Chief Maczko would recommend. Page No. 4 October 19, 2004 Chief Maczko stated that all are good. The key is placement. There should be one in every bedroom and outside hallways. They should not be located in kitchens, mechanical rooms or near showers. Activities in these rooms often trigger false alarms. Councilmember Duggan stated that the price of the tickets to the dance is so reasonable. He urged people to make a donation when purchasing them. Flffffl •'� GO IMPROVEMENT BONDS Finance Director Schabacker referred. the Council to the bid tabulation report. Senior Vice President Sid Imnan, Ehlers & Associates, stated that on October 5, 2004, the City Council authorized the bid specifications for General Obligation Series 2004A. Moody's Investors has confirmed the City's AA2 bond rating. At 10:00 a.m. this morning bids were opened for this bond issue. Four bids were received. The lowest bid is from R.B. Dane Rausher at a true interest rate of 4.143%. He would recommend approval of the low bidder. Councilmember Krebsbach noted that it is rare for a City the size of Mendota Heights to carry the high AA2 rating from Moody's. Mr. Inman concurred. Councilmember Vitelli moved approval of the GO Improvement Bonds, Somerset Project, Resolution No. 04- 82: "RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,290,000 GENERAL OBLIGATION IMPROVEMENTS BONDS, SERIES 2004A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 LEXINGTON AVENUE TRAIL Council acknowledged receipt of four bids for the Lexington Avenue Trail project between Mendota Heights Road and Wagon Wheel Trail. City Engineer McDermott reported that the low bid was received from Barber Construction in the amount of Page No. 5 October 19, 2004 $141,006.00, which is lower than the Engineer's estimate by $5,000. Barber Construction has 40 years of experience throughout the metropolitan area. If approved, trail completion is anticipated by November 30, 2004. City Engineer McDermott noted a second resolution authorizing the Mayor to enter into a Joint Powers Agreement with Dakota County, which will share in 55% of the cost of the project. Councilmember Vitelli moved approval of the Lexington Avenue Trail Project Job No. 9903 — Resolution No. 04-83: "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR LEXINGTON AVENUE TRAIL PROJECT (JOB NO. 9903); and Further moved approval of Resolution No. 04-84: "RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A JOINT POWERS AGREEMETN WITH DAKOTA COUNTY FOR THE CONSTRUCTION OF THE LEXINGTON AVENUE TRAIL." Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 UNFINISHED AND NEW BUSINESS CRITICAL AREA PERMIT Council acknowledged CAO Case #99-02, application for a Critical Area Permit for 1920 Glenhill Road to move a fence that was inadvertently put on the adjacent property. Councilmember Krebsbach asked the status of the Critical Area Permit and whether it would cause problems if one is not in place when the fence is moved. City Attorney Schleck explained that the issue is not the typical granting of a Critical Area Permit. The issue is one of supremacy, adjusting the property line and abiding by the Court's decision. An application will be submitted for a permit but not at this time. This action is to comply with the Judge's order. Councilmember Duggan noted that a Critical Area Permit was approved for the original placement of the fence, when no one knew there was a property line issue. The idea of the fence has been approved, and he is not sure a new Page No. 6 October 19, 2004 permit is needed. He asked if the whole fence is being moved or just one section. City Attorney Schleck stated that a portion of the fence, approximately 6.5 feet, is being moved within a Critical Area. It is the Council's discretion to take into account the Critical Area Permit already granted. Councilmember Vitelli moved approval of a temporary fence permit, Case #99-02, Ted Sullivan and Joe Juliette, 1920 Glenhill Road. Councilmember Duggan seconded the motion. REQUEST TO BUY OUTLOT Council acknowledged the request of Michael Sethna and Ruth Lynfield to purchase a City-owned land-locked outlot that is adjacent to vacant property they own. The purpose of the City's outlot is for storm water drainage, as it is located in the Mississippi River Critical Area. It is staff's recommendation that the outlot be sold to Mr. Sethna with the City retaining storm water easement rights. Ayes: 3 Nays: 0 Mr. Michael Sethna, 1242 Culligan Lane, stated that he moved to his property seven years ago. The adjacent vacant lot has been undeveloped for many years but was recently put on the market, and he bought it. He has been removing Buckthorn and treating Oak Wilt on numerous trees. He would now like to purchase the outlot owned by the City and grant the City easement rights to access the drainage pond. Councilmember Krebsbach noted that the outlot is not big enough to be split. As long as the City retains a drainage easement, she would not object. It makes sense to add the outlot to the Sethna property. However, since she personally knows Mr. Sethna, she would abstain from this vote. Councilmember Vitelli made a motion to direct staff to determine a purchase price and draft a purchase agreement. Councilmember Duggan seconded the motion. Mayor Huber arrived at this time of the meeting. MEDAL OF VALOR Police Chief Aschenbrener stated that the purpose of this award is to recognize Department members and citizens who perform police missions. Page No. 7 October 19, 2004 Ken Gilman is a State Highway Patrol dispatcher. On September 4, 2004, at 7:30 p.m., he was on his way to his part-time job and spotted a traffic stop. As he drove by, he could tell that the situation was not right, that the suspect vehicle appeared to be moving and the police officer was hanging out the driver's door window. Several hundred cars drove past this incident. Only Mr. Gilman stopped and ran back to the moving car to help. He identified himself and that he was there to help and proceeded to assist with the arrest of a drunk driver. He stayed until backup officers arrived. Mayor Huber stated that on behalf of the City of Mendota Heights Mr. Gilman is presented with the Medal of Valor and a plaque in honor of his bravery. Photos were taken of Mr. Gilman with his family, State Patrol co-workers who were in attendance, and the Mayor and City Council. At this time Mayor Huber returned to item No. 6.1. that was removed from the Consent Calendar. 6.1. Critical Area Permit and Variance Councilmember Duggan explained that he pulled this item because he has concerns about language in the resolution. His first concern is the fifth paragraph where it is reported that the Planning Commission is recommending approval on a tie vote. A tie vote means the motion failed. The resolution should be clear. It was the consensus of the Council for the sake of clarity to change the language to state at the end of the sentence that, "Because of the tie vote, that motion failed." Secondly, Councilmember Duggan stated that under No. 1, he would like to see the word "irreversible" deleted, as it is not known or provable. City Attorney Schleck stated that it is not a necessary element that every word in the resolution be provable. The Council can make conclusions based on facts. Councilmember Duggan stated that under No. 3 he would like certain words deleted because it says too much that is unclear. He does not believe the statement can talk about mitigation for previous damage with proposed Page No. 8 October 19, 2004 development. His concern is for the future and whether proposed development would make the view from the opposite bank incompatible. Councilmember Krebsbach suggested that Councilmember Duggan submit a resolution of denial, clarifying his points of concern for the Council to compare with the resolution presented. It was the consensus of the Council to not make any changes to No. 3. Councilmember Duggan stated that No. 4 should be deleted because the Council discussed restorative measures but did not take action according to the minutes of those meetings. City Attorney Schleck stated that the minutes show the Council discussed the need for restorative measures to take place. This item was written in the spirit of the May 6, 2004; June 17, 2004; and the October 5 2004 meetings. It was the consensus of the Council to not change item No. 4. Councilmember Duggan stated that under No. 6, he would like to see the phrase "or to property values in the neighborhood" deleted because it cannot be proved. City Attorney Schleck stated that the provisions in the resolution should not be accepted based on whether they are provable but whether they are the conclusions of the Council. It was the consensus of the Council to make no changes to No. 6. Councilmember Duggan stated that under No. 7 an "s" should be added to the word "exist". He further stated that it is important to read resolutions carefully, and he appreciates the opportunity to present his comments. Councilmember Vitelli made a motion to adopt Resolution No. 04-81: "A RESOLUTION DENYING A CRITICAL AREA PERMIT AND VARIANCE FOR FRONT YARD SETBACK," with an amendment to the fifth paragraph on page 1, adding the clarifying sentence, Because of the tie vote, that motion failed. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Page No. 9 October 19, 2004 Mayor Huber expressed appreciation to all residents who have submitted comments to the Council regarding the status of the par 3 golf course. The Council has read and considered the comments. As the City is involved in litigation on this matter, the Council cannot talk much about it in public. The City currently is investigating all options related to the future use of the par 3 golf course. The process is more complicated than what appears on the surface. There is the perception that only one party is in ownership of that land. The truth is there are several parties who have claims and interests in the property. The City must carefully and appropriately visit all matters before any decisions can be made. It is important that residents understand the City Council is doing that. Because of the frustration level, it is important for the City to approach this matter carefully, especially as it relates to the City's power to take property for a public purpose. The City Attorney has been involved in several court cases with cities that have used that option, and it is very difficult and complicated with no guarantee on the final outcome. Therefore, the Council will continue to go through the process carefully and appropriately and will keep the public informed as best as possible given the legal environment. Mayor Huber opened the meeting to public comments. Even though the Council has taken action, Mr. Hagerty requested the opportunity to go through his application for a Critical Area Permit and obtain the Council's response. Mayor Huber asked him to submit written comments to which the City would respond. Ms. Cheryl Bemo, 774 Evergreen Knoll, stated that her three children use the golf course to play in. It is directly behind her home. She is fortunate to have the most wooded lot on the golf course with 3/4acre of trees. Their property has a long boundary along the golf course which she would like to see remain. As a professional, she conducts research. She did a small random sampling and has been unable to find anyone opposed to seeing the golf course remain. The Parks and Recreation Commission has indicated they would like to see the golf course remain. The residents who voted the Council in is saying what they Page No. 10 October 19, 2004 want preserved to keep the City desirable. Destruction of the golf course would be a shame. She suggested appealing the Court's decision if necessary or initiating a feasibility study. The City has the opportunity to purchase the golf course and preserve it as park or golf course. She would like to see the City purchase this property. If it is cost prohibitive to maintain it as a park or golf course, there is still the option to develop it as residential housing. There is no down side. The land would appreciate in value. City control is preferable to negotiating with a developer and would assure a compatible use with existing surrounding homes. She urged the Council to keep the par 3 site green. Mr. Bill Haider, 748 Vassler Avenue, stated he has lived in his home 16 years and bought his property because of the golf course. He said he backs the Council and would encourage the Council to help residents help the Council. The Council knows how many people want the golf course, even though there are vested interests. He is shocked to see people calling his home, sending emails, and request his signature on a petition. He wants the Council to know that he wants to help save the golf course. Ms. Sally Lorberbaum, 890 Douglas Road, stated that for 18 years she lived on Lansford Lane. Her children grew up a house away from the golf course and benefited greatly. Citizens throughout the City want the golf course to remain green as a par 3 or a park. A public course is needed for families to be able to play golf. Seniors play there. More housing is not needed, more green space is needed. More houses will bring more traffic. Dodd Road is already too busy. When the Town Center is built, there will be even more people on Dodd Road. Once a site is gone for housing, it is gone forever. She urged the Council to listen to the citizens Mendota Heights and keep the par 3 golf course. She recommended the following three steps: 1) that the City appeal to the Minnesota Supreme Court to give the City more time to act on this matter and purchase the land; 2) do a financial feasibility study for purchase; and if that is not possible, take the land by eminent domain. Ms. Janice Chasman, 723 Evergreen Lane, stated that when they built their house, the developer told them that if there ever were not a golf course, the City would buy it. As a citizen, how does she trust the City when things like that are said and there is no public process saying the City Council does not want to keep a golf course in the City. The Comprehensive Plan indicates that the golf course Page No. 11 October 19, 2004 would remain. The Metropolitan Council approved that. She asked if the City was negligent in not changing the zoning from RI to Golf Course by itself. Residents trust the Council to make sure their interests are being met. People on the golf course paid premium prices for their lots. If the City's interests change, people must be informed and the Comprehensive Plan updated. She understands it is difficult to take over the property when there are other claims from other people. As a homeowner, the City promised the community that this was going to stay a golf course. She would like to see the City do Sally's three steps. Last year she raised the issue of a referendum to help the City raise enough money to buy the land. She would still be interested in a referendum and does not want to miss any chance to save the golf course. On another subject, she understands that a traffic study has been done for Town Center. She would like to know how to get that information. Mayor Huber stated that staff will provide that information to her. Ms. Ann Ferrell, 610 Winston Court, stated that she likes having a golf course in the City. There is not a public library or center for children to go to. The golf course serves the community well, and she enjoys family time there. She just likes to have it as part of the community and as a place she can take her children. She thanked the Councilmembers for their responses to her comments. If there is an opportunity to help, she would be happy to help with this issue. Mayor Huber stated that the City Council believes the golf course is a good thing for the City also, or the decision would not have been appealed in court. He thanked residents for their comments. The Council is actively strategizing on what can be done. There are several parties with claims on the property, and the City is carefully looking into those. Condemnation has been mentioned. The Council is looking at that option also, but it is complicated and not without considerable risk to the residents concerned. The Council takes citizen comments seriously, and he thanked everyone for coming and speaking. Councilmember Vitelli agreed with Mayor Huber's comments. He would like the golf course to stay. If he COUNCIL COMMENTS Page No. 12 October 19, 2004 were not on the Council, he would be here making the same comments as were heard by citizens at this meeting. The Council is trying to see that this land remain a golf course. Councilmember Krebsbach stated that it took a unified Council to deny the development and go to court and then appeal. The Parks and Recreation Commission has reaffirmed their resolution of last year to maintain this as a golf course. Councilmember Duggan thanked staff for the draft property maintenance ordinance to determine standards. The tour was an excellent experience and he appreciates staff s efforts in helping the Council look at different sites and understand what is significant for a property maintenance ordinance. Councilmember Vitelli stated that from knocking on doors, he has come to realize that there is misinformation spreading regarding the Town Square of Village Mendota with regard to the schedule and financing. Before he was on the Council, the City had proceeded through the concept phase which ended in 2001. A schedule was also established in 2001, as well as a financial plan for the project. The project is on schedule, and it is absolutely within the financial plan made three years ago. If anyone wants questions answered or more information, the facts are at City Hall. Councilmember Vitelli stated that there is also a misconception that taxpayers are paying for the project. In fact, this project will be completed without one penny of homeowner taxation in the City of Mendota Heights. It can be argued indirectly that the Metropolitan Council will spend money on this project, but no homeowner is paying a penny in real estate taxes to fund this development. Some people say the project is taking too long, but if residents want a strip mall, it can be finished in nine months. This project is not a strip mall. It will be a site that will be envied in the metro area. As a mixed use development, it will be very professionally done and well managed. Page No. 13 October 19, 2004 ADJOURN There being no further business to come before the Council, Mayor Huber announced that the Council would adjourn to a closed session at 8:55 p.m. TIME OF ADJOURNMENT: 8:55 p.m. Ken M. Swanson City Clerk AT S J'' � ayor