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2004-09-21 City Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 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: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 5 Nays: 0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Krebsbach moved adoption of the agenda for the September 21, 2004 Council meeting. Councilmember Duggan seconded the motion. APPROVAL OF MINUTES Page 11: Councilmember Krebsbach requested the fifth paragraph reflect that while it is important for the City to be independent, health care might be one item where the City would benefit from collaboration with Dakota County and other cities. Councilmember Duggan moved approval of the minutes of the regular meeting held on September 7, 2004, as amended. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Huber noted that item h. is stricken from the Consent Agenda. The following items were pulled for separate discussion: a., d., e., f., k. and p. Councilmember Krebsbach moved approval of the consent calendar with the exception of items a., d., e, f., h., k. and p. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 a. September 9, 2004 Minutes — Parks and Recreation Councilmember Krebsbach requested the minutes be amended on page 3 to state that there was no consensus among Council about the park fund balance. Her position is that she supports maintaining the fund balance because it is a source of revenue and provides a cushion. She does not believe the community is ready to pass another park referendum. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 There was not a consensus among Councilmembers on maintaining the park fund balance. Councilmember Schneeman stated that she would be attending the October meeting and will relay this information to the Parks and Recreation Commission. Councilmember Vitelli moved approval of the September 9, 2004 minutes of the Parks and Recreation Commission. Councilmember Duggan seconded the motion. d. Reschedule Meeting Time At Councilmember Duggan's request, it was the consensus of the Council to have staff consider the pros and cons of changing the November 2 City Council meeting to Wednesday, November 3`a Councilmember Vitelli made a motion for staff to summarize the process and consequences of moving the first Council meeting in November from November 2 °a to November 3`a Councilmember Schneeman seconded the motion. e. and f. School Resource Officer Councilmember Duggan noted a contradiction in the contract terms for the School Resource Officer, which states the contract is renewed each year and is also allowed two -year periods before renewal. He requested the renewal period be clarified. Councilmember Duggan requested the word "all" be deleted from the clause on page 3 of the Memorandum of Ayes: 5 Nays: 0 Understanding that states, "...monitor working knowledge on all students... ". The Resource Officer will provide education as requested on safety education programs. Chief Aschenbrenner stated that he would prefer that this language remain as broad as it is. Mayor Huber stated that until the status of the grant funding for a School Resource Officer is known, he would not want to approve the contract for the position. Councilmember Duggan moved to hold items e. and f. over until the results of the grant funding application is known. Councilmember Krebsbach seconded the motion. k. Building Permit Extension Mayor Huber explained that this item is a project that was granted a building permit over a year ago, but the project was not completed within the required year. Calls of complaint are being made to staff from neighbors. A letter has been sent to the applicant. The extension is until the end of this year. Councilmember Duggan moved approval of the building permit extension for the addition at 606 Pondview Court. p. Dakota County 2005 -2009 CIP Programs Councilmember Duggan asked for clarification on the City's commitment would be for the three projects listed. City Engineer McDermott stated that the County participation for the Lexington trail is 55 %. The remainder will be paid from state aid funds. Councilmember Schneeman stated that the traffic signal at Delaware and 110 includes a trail from Mendota Heights Trail to Wagonwheel Trail that will continue from Dodd Road. Residents have been waiting a long time for this project. The City's cost share will come from MSA funding. No City funding is required for the Northern Urban Regional Trail. Councilmember Krebsbach requested that the resolution include language that clarifies the City's contribution to these projects. Councilmember Duggan moved adoption of Resolution No. 04 -74, "A RESOLUTION REQUESTING PROJECTS FOR INCLUSION IN DAKOTA COUNTY'S 2005 -2009 CIP PROGRAMS." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS SWIMMING POOL Mr. Clifford Timm stated that he is working to bring fish to the pier at Rogers Lake. At Thompson Park he started feeding the fish, which was a successful way to bring the fish in. It gives him great satisfaction to see children fish, and he would like to make Rogers Lake as successful as Thompson Lake in the next year with a feeding program. He will also be checking into an aeration system. He thanked the Council for the City's support. Assistant Hollister stated that Mr. Richard Chapman, has met with staff to discuss an exemption from the ordinance requiring a fence for his swimming pool because he plans to install an automatic pool cover. Staff indicated to Mr. Chapman that the Council could grant the exemption with an amendment to the ordinance, similar to what other communities have done to address this issue. Mr. Chapman stated that a fence would limit access to the pool, but an automatic cover will totally eliminate any access and is a better safety measure. Councilmember Vitelli asked if there would be any liability to the City, if the Council approved the cover going against the City's ordinance. If this is approved, he would want to be sure the City is protected. Further, if approved, he would like to see the ordinance changed to address retractable pools, rather than having to allow an exception. Mayor Huber asked City Attorney Schleck to contact the League of Minnesota Cities to find out any liability on the part of the City. Councilmember Krebsbach stated that she believes the structure of a fence will be better protection for children but, depending on liability would also be open to looking at an ordinance change. Mr. Chapman stated that he would build the pool with the automatic cover. It will be more attractive and makes sense. He would ask that he not have to build a fence until the Council makes a decision on this issue. City Attorney Schleck stated that the ordinance provides that the pool can be built before a fence is built but cannot be filled with water. It was the consensus of the Council to have staff further research and review a possible ordinance change that would allow automatic pool covers to be used in place of safety fences for swimming pools. SLOPE REMEDIATION DESIGN City Engineer McDermott reported that slope remediation for the pond at JES Enterprises Office Building has failed for the third time. The pond was constiucted by the City in 1994; the wall failed immediately. It was reconstructed and failed again in 1995. Last spring the City left correction to a developer of the adjacent parcel. The City entered into an easement agreement to maintain improvements. The wall failed again in July. The proposal is to hire a consultant to design for slope remediation. Councilmember Duggan asked if there is any insurance on the construction. City Engineer McDermott stated that the wall was built to plans and specification. The failure is not related to construction. City Attorney Schleck stated that an insurance claim has been submitted to the League of Minnesota Cities. He suggested that staff prepare a report on this situation for Council review. Councilmember Vitelli agreed and recommended that the Council table this matter until staff can prepare an engineering report and the City Attorney prepare a legal report on the facts of this situation, who is responsible and what recommendations should be considered. Based on the Council's discussion, it was the consensus of the Council to table this matter. CIVIC AND GREEN SPACE PLAN — TOWN CENTER Councilmember Krebsbach asked for clarification of the landscaping in the developer agreement and use of City funds. City Attorney Schleck stated that under consideration is the Civic and Green Space Plan relating to landscaping within the Town Center development. Approval is requested for development of the landscape plan and reinforcing the City's commitment of cost participation in the amount of $400,000. Councilmember Krebsbach stated that it is her understanding the City is not paying for all of the landscaping. City Attorney Schleck explained that there is additional money received by the City specifically for trails and lighting that will be used for those specific items. Councilmember Vitelli requested clarification on the objective for this presentation. Mayor Huber explained that if a plan is approved, there is an expectation of funding. The City has agreed to provide $400,000. If a plan is presented and approved that costs $500,000, the difference has to be covered. City Attorney Schleck stated that there will be no further requests for funding, nor will there be changes to reduce the features of the plan. Councilmember Krebsbach stated that she would like to see more money put into trails and sidewalks, if current funding is insufficient. Administrator Danielson explained that state aid funds would cover the trail on Dodd Road. Building developers would be responsible for sidewalks near their buildings. The City has designated $66,000 for internal trails and sidewalks not adjacent to buildings. Developer Ross Fefercorn agreed that part of the construction of buildings includes nearby sidewalks and trails, and that cost is not part of the City's dedication of $66,000. The City's funding is for trails and sidewalks on the public outlots shown on the plans presented. He showed maps and diagrams and explained the trails planned for Outlots A, C, D, E, and the decorative paving inside Outlot F or Market Square. Councilmember Krebsbach stated that one of her concerns is that the plan be user friendly for pedestrians with connecting trails. Mr. Fefercorn responded that there will not only be connecting trails but trail access around the perimeter and throughout the interior. Plan Presentation by Ross Fefercorn Mr. Fefercorn reported 13 areas that have been enhanced and reduced to present a plan that is within the City's budget of $400,000, as recommended by Damon Farber Associates. He then gave a detailed explanation with maps and drawings of the entire landscape plan for the Town Center development. There is a small corner adjacent to the Gateway Bank site. The bank is being asked to landscape that corner similar to the landscaping on the opposite public corner. Mayor Huber asked if the bank has been approached. Mr. Fefercorn stated that the particular corner in question is on private property that does not belong to the bank and is not included in the bank's landscaping plan. However, he is asking approval for the bank's landscaping plan, and he would include that corner. If the bank is unwilling to add that landscaping, they would have to provide some other type of landscape fill that would be satisfactory to the Council. Mayor Huber expressed his reluctance to approve a plan that is not final. Councilmember Krebsbach agreed and stated the plan is not complete. City Attorney Schleck noted that the final plan for this site has been approved, except for landscaping. The requested approval is for an amendment to the proposed landscaping plan submitted. Councilmember Vitelli stated that he has no problem approving the plan with the condition that the bank pay for Ayes: 5 Nays: 0 the landscaping of the privately owned corner. If the bank is unwilling to pay for the corner landscaping, the plan is not approved and a new plan has to be submitted for approval. Mayor Huber verified that Mr. Fefercorn would not be coming back to the City to pay for the corner landscaping. Mr. Fefercorn assured the Council that payment for that piece of landscaping would be worked out. Councilmember Krebsbach requested that adequate funding be in place for any plans brought forward in the future for the City to approval. Mr. Fefercorn assured her that would be done. Councilmember Krebsbach moved approval of the bank's landscaping plan. Councilmember Duggan seconded the motion. Councilmember Duggan offered an amendment to the motion that no City funds be used for the private corner landscaping or any part of the bank's landscaping plan. Councilmember Krebsbach accepted the amendment. Mr. Fefercorn proceeded to describe in detail the landscaping plans for each outlot. Outlot A can be done yet this year which will provide a nice gateway entrance to Town Center. The cost is 29% of the total budget. Councilmember Duggan asked if the Outlot A landscaping would be coordinated with the NURT trail construction to avoid digging up new landscaping. Mr. Fefercorn stated that the trail construction does not align with this project, but the budget for that project will include restoration costs to replace any damage. Mr. Fefercorn stated that Outlot F is Market Square and the most significant part of the plan, as well as 39% of the total budget of all the outlots. The significant changes are that the arbor, flag poles, movable tables and chairs and the kiosk have been identified as amenities that can be added as funding allows. He noted the bank will have a flag. It was the consensus of the Council that the American flag at the bank with the required lighting would be sufficient for flags, and the Council supported the plan for Outlot F as presented. Mr. Fefercom stated that Outlot E is 26% of the total budget. Significant changes have been made. A trail along the edge of the pond would require a retaining wall. Instead the trail has been designed with boulders. Landscaping was added near the senior apartments. Councilmember Vitelli asked how the water level is being controlled. Administrator Danielson stated that the pond does not hold the amount of water it should. The City is in the process of getting bids to put in a clay liner. That work is not part of the Town Center budget. Mr. Fefercom stated that Outlot D is 6% of the total budget. This is a natural area with over -story trees. There is a trail connection from Outlot D to Outlot E and the trail on Dodd Road. Outlot G is 2% of the total budget at the corner of Market Street and Oak Street. A significant number of trees and shrubs already there would remain. Mayor Huber noted the total cost estimate of $388,000. Mr. Fefercom stated that if the Council approves working with the proposed numbers, the plan can be completed as presented within budget. Councilmember Duggan noted that the cost for lighting in Xcel Energy's estimate is $166,000. Mr. Fefercorn, Developer, has agreed to pay for lighting costs over $140,000. Councilmember Vitelli suggested the Council approve the landscape plan and estimated costs and further consider methods of payment, which may be complicated. Councilmember Vitelli moved approval of the Town Center landscape plan with the cost estimates of Damon Farber Associates. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 City Attorney Schleck stated that the standard City protocol is to retain 10% until the final payment is due with respect to civic and green spaces. As the developer incurs costs, copies of invoices should be submitted to the City minus 10% of each invoice. Once the project is completed and accepted, the final 10% would be released. Councilmember Vitelli moved approval of the payment plan as described by City Attorney Schleck, that the City retain 10% until the final payment is due with respect to civic and green spaces. As the developer incurs costs, copies of invoices should be submitted to the City minus 10% of each invoice. Once the project is completed and accepted, the final 10% would be released. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 MAC CAPITAL IMPROVEMENT PLAN Councilmember Duggan reported upcoming meetings and that MAC has added $7 million to its capital improvement plan. Councilmember Schneeman noted that there is a new plan from the Governor. Councilmember Krebsbach stated that the problem is that the corridor keeps moving further north. It was the consensus of the Council to table further discussion. PROPERTY MAINTENANCE ORDINANCE & BUS TOUR The Council had discussed taking a bus tour of example properties that support the proposed property maintenance ordinance. It was the consensus of the Council to take a property tour on October 16, 2004. Councilmember Vitelli stated that the proposed ordinance, as it stands, is 50% to 75% too vague and not enforceable. Enforcement needs to be tightened. COUNCIL COMMENTS Councilmember Schneeman commended residents in the neighborhood of Lexington and Douglas who are cleaning and trimming the boulevard. Mayor Huber stated that at the administrators' breakfast in Eagan there was much discussion about partnerships, but no action was taken. Councilmember Krebsbach stated that in St. Louis Park, the town center area has closed off one street, making it very attractive for use by families and children. Mendota Heights will also benefit from its town center plan. Councilmember Duggan noted receipt of a telephone call from Diane Miller, Assistant City Engineer in Eagan, about an upcoming meeting with Wes Skoglund at the State Representatives from Richfield, Bloomington, Minneapolis and Eagan will be meeting with Chief of Staff McElroy to consider the Part 150 Study. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved and Councilmember Duggan seconded a motion to adjourn the meeting at 9:50 p.m. Mayor Huber adjourned the meeting. TIME OF ADJOURNMENT: 9:50 p.m. Kathleen M. Swanson City Clerk ATTES Jo b r M or \