Loading...
2004-09-07 City Council minutesPage No. I September 7, 2004 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF M[INNESOTA Minutes of the Regular Meeting Held Tuesday, September 7, 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 Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Huber noted that item i. -under the Consent Calendar was removed from the agenda. Also No. 6.k. in the Consent Calendar has an amended easement agreement. Councilmember Vitelli moved adoption of the agenda as revised for the meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on August 3, 2004, as amended. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Item p. was pulled for separate discussion. The following was noted on certain items: i. CDBG Block Grant: Councilmember Duggan asked if 7% is on the high side for the cost of administration. Mayor Huber requested staff to find out from the county how the administrative fee is determined. 2005 NDC4 Budget: Councilmember Vitelli noted that Councilmember Duggan is the City's representative and asked if this budget should be approved. Page No. 2 September 7, 2004 Councilmember Duggan reported that NDC has an excellent administrator and the budget should be approved. k. Somerset Country Club Easement: Councilmember Krebsbach asked for clarification on this item. City Engineer McDermott explained that the City Attorney made minor language changes. Parties are in agreement on the easement, and Somerset Country Club is asking $3,900 compensation for it. 1. Sip Permit: Councilmember Duggan asked if the suggestion from the last meeting for directional sign for the drive-through has been incorporated. Also, there was a question about lighting. Mayor Huber requested that staff follow up with Mr. Ken Henk. m. Police Contract: Staff noted that the contract is in final form, but the appendix is only in draft form. Only the contract should be approved. Councilmember Duggan noted that Section I of the contract refers to enforcement of Lilydale ordinances and asked if the City has a copy of those ordinances. Staff answered in the affirmative. Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move item p. to the regular agenda, along with authorization for execution of any necessary documents contained therein: a. Acknowledgement of the Minutes from the August 24, 2004 Planning Commission Meeting. b. Acknowledgement of July 2004 Monthly Building Activity Report c. Acknowledgement of July 2004 Monthly Fire Department Report d. Acknowledgement of the Rescheduling of the September Park and Recreation Commission Meeting e. Acknowledgement of the Update of the Communications Center f. Acknowledgement of memo on Walsh Lane Traffic Calming Page No. 3 September 7, 2004 g. Acceptance of Resignation from John Tran, Civil Engineer I h. Authorization of Purchase Order for Street Striping and Markings i. Authorization for Mayor to sign CDBG Block Grant Letter of Understanding j Approval of 2005 NDC4 Budget k. Approval of Somerset Country Club Easement 1. Approval to Begin Process for GO Improvement Bonds — Somerset Area & Court Project in. Approval of Sign Permit from Sign Art (Dr. Wild) at 750 South Plaza Drive n. Approval of Sip Permit from Signs Unlimited (Insurance Co.) for 790 South Plaza Drive. o. Approval of Police Service Contract for Lilydale q. Adoption of Ordinance No. 396. "AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION OF THE CITY CODE" r. Adoption of Resolution No. 04-60: "A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT FOR AN AIR-SUPPORTED STRUCTURE AND ACCESSORY BUILDING AT 949 MENDOTA HEIGHTS ROAD" s. Adoption of Resolution No. 04-61: "A RESOLUTION AUTHORIZINGLIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 2004 STATE DEER HUNTING SEASON" t. Adoption of Resolution No. 04-62: 'RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFTS IN 2004 TO THE CITY OF MENDOTA HEIGHTS" u. Approval of Contractor List dated September 7, 2004. v. Approval of Claims List dated September 7, 2004 and totaling 153,582.64. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 DRUG LABS: Councilmember Duggan asked the procedure for approving ordinances. City Clerk Swanson responded that charter cities are required to have first, second and third readings on Page No. 4 September 7, 2004 ordinances. Statutory cities, such as Mendota Heights, typically do not use that process. Councilmember Duggan noted that in Section 1 under Purpose and Intent, the reference should be "suspect chemicals," not "suspected chemicals." Chief Aschenbrenner stated that either term could be used. Councilmember Duggan compared Section 2.4 to 2.7 and asked if they are comprehensive enough. Chief Aschenbrenner stated that he believes the sections cover both personal property and real property, which is the intent. Councilmember Duggan asked if references to "adjacent property" and "neighbors in proximity" have the same meaning and if the term adjacent neighbors should be used. Chief Aschenbrenner clarified that "neighbors in proximity" refers to the area of residents that would receive mailed notices. . Councilmember Duggan noted that the site owner has 10 days in which to perform cleanup. Chief Aschenbrener stated that the reason for this provision is so the City does not have to bear the cost when the police go in after 10 days for cleanup. Councilmember Duggan moved adoption of Ordinance No. 395: "AN ORDINANCE REGULATING CLANDESTINE DRUB LABS." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PRESENTATION: Chief Aschenbrenner introduced Ms. Martha Muska and thanked her for her work in getting AED's in the police cars. Ms. Muska stated that after taking a CPR course from the Red Cross, when her husband had a heart attack, she was relieved to know exactly what to do. CPR skill is crucial to the person helping as well as the person having the heart attack. It also helps the grieving process of the family. Page No. 5 September 7, 2004 Chief Aschenbrener stated that she has helped place 140 AEDs, and in the last year there have been 17 saves, which means people recovered. Mayor Huber read a certificate of appreciation for Ms. Muska for her donation of an Automatic External Defibrillator to the Mendota Heights City Police Department. PUBLIC COMMENTS: Mr. Cliff Timm reported his success at Thompson Park for feeding fish. The food bring fish in for fishing. He would like to do the same thing at Rogers Lake, but he can't fight the nuisance geese alone. An ordinance to ban feeding of geese is needed. They are a health hazard to children. He is working with the DNR for continuation to feed the fish. He plans to have the same program next year and helps children who want to learn to fish. Councilmember Duggan stated that he attended the NAC meeting as an alternate last week. The next meeting is October 10, 2004. Homeowners and realtors are required by ordinance to provide information on properties in the noise flight path. Richfield and other communities are seeking a copy of the ordinance. EQB developed a model ordinance in 1991. Mendota Heights is the only city that has adopted it. He raised the issue of the Metropolitan Council becoming an advocate for cities on airport noise, which would be a natural result of having approved the City's Comprehensive Plan. City plans have been in place long before MAC plans, and it is not reasonable to ask cities to not build in flight paths. BID AWARD Council acknowledged submittal of three bids for pathway rehabilitation and crack sealing. Staff is recommending approval of the Pine Bend Paving bid in the amount of $20,950, because of the excellent and timely work this company has done on other trails in the city. Councilmember Vitelli moved approval of the Pine Bend Paving bid of $20,950.00 for the City's 2004 pathway rehabilitation and crack sealing. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Page No. 6 September 7, 2004 CASE NO. 04-3 0, KVASNIK Council acknowledged an application from Ted and Elaine Kvasnik's for a critical area pen-nit for a deck addition. Councilmember Vitelli moved adoption of Resolution No. 04-63, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A DECK ADDITION AT 1245 KNOLLWOOD LANE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04-32, NAMEN Council acknowledged an application from Ms. Valarie Namen for a Conditional Use Permit for a 6-foot fence. Councilmember Krebsbach clarified from the applicant that the 6-foot fence would not have lattice at the top. Based on the Planning Commission's recommendation, Councilmember Vitelli moved adoption of Resolution No. 04-64, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT, FOR A SIX-FOOT I-IIGH FENCE AT 964 KAY AVENUE." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04-33, GOFF Council acknowledged the application of Lawrence Goff for a Wetlands Pen-nit to build an above-ground pool and fence at 675 W. Marie Avenue. Councilmember Duggan asked if a variance fee should be refunded, if it was paid. Assistant Hollister stated that the City intends to refund $100 to Mr. Goff. Based on the Planning Commission's unanimous recommendation, Councilmember Vitelli moved adoption of Resolution No. 04-65, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR AN ABOVE-GROUND POOL AND FENCE AT 675 WEST MARIE AVENUE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04-34, HOFFMEYER council acknowledged the application of Gregory Hoffrneyer for a Conditional Use Permit and 5-foot side Ayes: 5 Nays: 0 CASE NO. 04-35, NORDQUIST SIGN COMPANY Page No. 7 September 7, 2004 yard setback variance to replace an existing detached garage at 546 Hiawatha Avenue. Mr. Hoffineyer stated that his proposal is to remove the existing garage, which is on the property line and replace it five feet from the property line with a larger garage. Councilmember Duggan asked about drainage to the neighbors' property. Mr. Hofftneyer stated that a gutter will be put on the garage to prevent runoff to the neighbors' property. Councilmember Duggan moved adoption of Resolution No. 04-66, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND FIVE-FOOT SIDE YARD SETBACK VARIANCE TO REPLACE AN EXISTING DETACHED. GARAGE AT 546 HIAWATHA AVENUE." Councilmember Schneeman seconded the motion. Council acknowledged receipt of an application from Steve Hirtz of Nordquist Sign for a 20-foot-front yard setback for a non-illuminated monument sign at 1340 Mendota Heights Road. Assistant Hollister reported that the applicant could not be present but has expressed willingness to abide by all of the conditions recommended by the Planning Commission. He noted there is ample precedent for a 20-foot setback for a monument sip. Councilmember Schneeman stated that signage in this area is not clear and difficult to see behind trees, and shrubbery. She would like to see further review of signage in this business area. She verified with Assistant Hollister that the sign will be parallel to the street. Councilmember Duggan moved adoption of Resolution No. 04-67, "A RESOLUTION APPROVING A 20-FOOT FRONT YARD SETBACK VARIANCE FOR A NON- ILLUMINATED MONUMENT SIGN AT 1340 MENDOTA HEIGHTS ROAD." Page No. 8 September 7, 2004 Councilmember Schneernan seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04-36, Council acknowledged the application of Dominic Alfonso ALFONSO for a front yard setback variance for an attached garage at 697 South Freeway Road. Mayor Huber clarified that the application is for an 8-foot front setback, which should be stated in the resolution. Assistant Hollister explained that the setback from a road right-of-way is referred to as a front setback. It is an 8-foot front setback variance. Councilmember Krebsbach requested that for clarity the resolution include that the setback is from Oak Street and not Freeway Road, which is his address. Councilmember Vitelli moved adoption of Resolution No. 04-68, "A RESOLUTION APPROVING AN 8-FOOT FRONT YARD SETBACK VARIANCE FROM OAK STREET FOR AN ATTACHED GARAGE AT 697 SOUTH FREEWAY ROAD." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04-37, CITY OF MENDOTA HEIGHTS Council acknowledged the City's application for a Wetlands Permit for Somerset View Neighborhood Street Reconstruction. City Engineer McDermott explained that with installation of a storm sewer, a permit is needed for draining water to a pond on country club property during construction. The pond is located on the City's wetland map, which is the reason for the permit. Councilmember Duggan moved adoption of Resolution No. 04-69, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR THE CITY OF MENDOTA HEIGHTS FOR SOMERSET VIEW NEIGHBORHOOD STREET Page No. 9 September 7, 2004 RECONSTRUCTION AT 1416 DODD ROAD." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 SCHOOL RESOURCE OFFICER Police Chief Aschenbrener stated that an application has been submitted for a grant for a school resource officer in the school district. The giant has not yet been posted. Councilmember Krebsbach moved to lay this matter over to the next Council meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Vitelli asked if the school district is planning to lease City police protection. Chief Aschenbrener stated that final language in the contract is being worked out. CABLE CASTING ARC MEETING Mayor Huber reported that a request has been made to ARC for its meetings to be broadcast on Cable. Administrator Danielson stated that the request was discussed at the August meeting. ARC is opposed to having their meetings broadcast because they would not be of general interest to the public. ARC made a five-step proposal: 1) broadcast one meeting a year, when legislators or people of interest to the public would be brought in for discussion; 2) ARC requested that the video that was produced be broadcast more often on Town Square Television--Town Square Television has agreed; 3) ARC's Plan of Action presented to the City Council is broadcast; 4) discussion with the Council on NAC goals is broadcast; and 5) ARC also agreed to publish articles in quarterly publications. Councilmember Krebsbach stated that it is important to create lines of communication with the public, especially on airport noise. It is important to have public meetings that can be reported in the press. Councilmember Vitelli stated that airport noise is one of the most important issues to the community, and he would recommend that all meetings be broadcast and that people like Mr. Foley and MAC President Jeff Hamiel, be Page No. 10 September 7, 2004 regularly invited. Citizens should see what is being done by ARC. There is no comparison between showing a video once or twice a year and broadcasting current meetings for people to know what is going on in the community. Councilmember Krebsbach stated that she would recommend four meetings per year are broadcast and at least two. Councilmember Duggan noted that the meetings are public, and residents are free to attend. He would support the five- step program but at least try to broadcast more meetings to see if there is more interest than thought. He would like to see independent consultants report on noise abatement. Mayor Huber requested staff respond with a strong recommendation that four meetings per year be broadcast. Councilmember Schneeman added that the comments from the Council's discussion be relayed to ARC. 2005 LEVY Finance Director Schabacker stated that the proposed levy needs to be approved to be certified to the county. The county then prepares estimated individual property owner tax statements based, on the preliminary levies of taxing jurisdictions. The estimated tax statements are then mailed to all property owners. Two resolutions are presented—one to maintain the $200,000 radio reserve and one to reduce it to $135,000. A $200,000 radio reserve would mean approximately 4.5% city tax increase. The $135,000 reserve would mean approximately a 3% city tax increase. If the state takes away the City's market value homestead credit, there would be a shortfall in the levy of approximately $65,000. It was the consensus of the Council to approve the 3% increase. Councilmember Duggan moved adoption of Resolution No. 04-71, "RESOLUTION APPROVING TENTATIVE 2004 LEVY COLLECTIBLE IN 2005," with a reserve of $135,000. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 11 September 7, 2004 Councilmember Vitelli moved adoption of Resolution No. 04-70, "RESOLUTION ADOPTING A PROPOSED BUDGET." Councilmember Schneeman seconded the motion. Councilmember Schneeman moved adoption of Resolution No. 04-72, "RESOLUTION APPROVING FINAL 2004 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2005." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Huber requested that in future the levy resolutions be clearer about what numbers are referred to. HIPP Mayor Huber reported that a study is being done by Dakota County Mayors and Managers to look at ways of working together to save money. The study is called the High Performance Partnerships Project (HiPP). The City has made no commitments other than to begin attending meetings to see what benefit there might be. Councilmember Krebsbach stated that she would not be interested in merging Fire Departments or police forces. Mendota Heights is an independent city and covers its own costs. However, there may be things the City cannot afford that could be worked on collaboratively. Councilmember Duggan stated that he prioritized the suggested cooperative areas: 1) joint non-felony prosecution services; 2) information technology combined purchasing; 3) joint health care, and he would like to see the group start with this effort; 4) dispatching; 5) specialized public safety equipment; and 6) law enforcement and service center. One concern he has is that the programs not be operated solely by Dakota County. Councilmember Schneeman stated that joint technology would take a long time, although the presentation is interesting and she would agree to pursue going to the meetings. Councilmember Vitelli stated that before the city become serious about any project, staff provided information on Page No. 12 September 7, 2004 projected savings to the City. Based on those savings, he would like to see staff cut the budget equal to that savings. If a proposal of consolidation is considered, he would also like staff to calculate and report the amount of fiscal and operational control lost to the City by participating. He also rated the proposed items: 1) dispatching; 2) non- felony prosecution; 3) health care; 4) information technology. Law enforcement center and public safety equipment he rated zero because he does not see these two items as beneficial. Mayor Huber stated that he was interested in dispatching, health care, information technology. There already is some collaboration on public safety equipment. COUNCIL COMMENTS Councilmember Krebsbach stated that Elona Coburn's wedding announcement was in the New York Times. Her parents are Drs. Nancy and Jerry Coburn. She was married Sunday, September 5, 2004. Councilmember Duggan expressed his appreciation for the excellent improvements to I-35E that are now complete ahead of schedule. He suggested the City send an appreciation letter. Councilmember Vitelli noted that some landscaping is being put in the Town Center. Resident feedback is welcome. Councilmember Vitelli stated that he has filed for re- election and looks forward to continuing to serve the community on this excellent Council. Councilmember Schneeman reported that the Lower Mississippi boat trip was a good experience. Again, it is important for the City to send letters of appreciation. Councilmember Schneeman reported a car accident that occurred on Highway 110 past Delaware in front of the church. City Engineer McDermott reported that the improvement for that intersection will be bid in March. Mayor Huber thanked staff for fixing the pothole at Cherry Hill and Walker. Page No. 13 September 7, 2004 City Attorney Schleck reported that a small change was made to the law last year in Section 462 that states park dedication fees cannot be used for ongoing operation or maintenance. The League of Minnesota Cities has interpreted this to mean than anything occurring after receipt of the fee would be eligible for use of those funds. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Councilmember Duggan seconded the motion. TIME OF ADJOURNMENT: 9:07 p.m. Wathleen M. Swanson City Clerk ATTEST: John J. H Cr/ MayoK.-�