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2004-01-20 City Council minutesPage No. 1 January 20, 2004 CITY OF MENDOTA HEIGHTS 1 DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 20, 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, Krebsbach and Schneeman. Councilmember Vitelli had notified Council that he would be late and arrived at 7:35. PLEDGE OF ALLEGIANCE The Council, audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 4 � Nays:0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on January 4, 2004. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for the meeting, revised to move items 6b, Parks and Recreation Commission minutes, 6g, vehicle purchase, and 6h, Snyder's sign permit, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the agenda for the NDC 4 Executive Committee meeting. b. Acknowledgment of the approved minutes of the December 10, 2003 Airport Relations Commission meeting. c. Acknowledgment of the Treasurer's Monthly Report for December, 2003. Page No. 2 January 20, 2004 - d. Acknowledgment of the Fire Department monthly report for December. e. Authorization for the issuance of a building permit for remodeling at the Somerset Country Club. f. Adoption of Resolution No. 04 -07, "A RESOLUTION AUTHORIZING LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE WINTER/SPRING OF 2004." g. Adoption of Resolution No. 04 -08, "RESOLUTION APPROVING A SPECIAL PERMIT TO DO IT BEST HARDWARE FOR A TEMPORARY SIGN." h. Adoption of Resolution No. 04 -09, "INVESTMENT RESOLUTION." i. Approval of the list of contractor licenses dated January 20, 2004. j. Approval of the List of Claims dated January 20, 2004 and totaling $501,400.98. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PARKS AND RECREATION Councilmember Krebsbach drew attention to the discussion by COMMISSION MINUTES the Parks and Recreation Commission at its January 13 meeting regarding a joint meeting with Council. Mayor Huber suggested that Administrator Danielson contact Chair Spicer to see if the Commission would like to have a joint meeting at one of its regular meetings. Councilmember Krebsbach moved to acknowledge the minutes of the January 13, 2004 Parks and Recreation Commission meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 VEHICLE PURCHASE Council aclu-iowledged memos from Code Enforcement Officer Berg and Police Chief Aschenbrener recommending the purchase of a Page No. 3 January 20, 2004 2003 Monte Carlo and the lease of a 2004 Chevrolet Impala for the ' Police Department and the purchase of a 2003 Chevrolet Impala for the Code Enforcement Department. Chief Aschenbrener briefly reviewed the recommendation for Council. Councilmember Duggan moved to authorize the lease of a 2004 Chevrolet Impala for $8,277.70 and the purchase of a 2003 Chevrolet Monte Carlo for $13,923.80 for the Police Department, and the purchase of a 2003 Chevrolet Impala for $13,910 for the Code Enforcement Department, all from Midway Chevrolet. Councilmember Schneeman. seconded the motion. Ayes: 5 Nays: 0 SNYDER'S SIGN PERMIT Council acknowledged a memo from Code Enforcement Officer Berg regarding an application from Synder's Drug Store for a sign permit. Responding to a question from Councilmember Krebsbach, Administrator Danielson stated that Snyder's is requesting a permit to place a sign on the shopping center's large pylon sign that is adjacent to T.H. 110. Councilmember Krebsbach moved to authorize the issuance of a sign permit to place a 60 square foot sign for Snyder's Drug Store on the existing pylon sign. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Cliff Timm stated that the Dakota County Parks Department is planning to make McDonough Lake, at the Lebanon Hills Park in Eagan into a wetlands area. He stated that there are many fish in the lake, and asked people to call Dakota County and support putting in a fishing pier and aerator on the lake rather than turning it into a wetlands. Mayor Huber recommended that people contact the Dakota County commissioners and the Board Chairperson. EMPLOYEE RECOGNITIONS On behalf of the City Council, Mayor Huber presented plaques to the following city employees in recognition of their years of service and dedication to the community: John Maczko for 25 years; Edward Page No. 4 January 20, 2004 Adrian and Keith Stein, 20 years; and Cathy Ransom and Kristen Schabacker, 5 years. Although they were not in attendance, the r following employees were also recognized: Mike Maczko, 20 years, \ and Brett Blaeser, 10 years. SNOWMOBILE USE ON Council acknowledged a memo from Parks Project Manager Guy ROGERS LAKE Kullander regarding a request from Mr. Cliff Timm to authorize a one -time use permit to allow the use of a snowmobile on the northern portion of Roger's Lake to "herd" fish into the southern portion of the lake. Mayor Huber stated that the intent of the proposal is to try to increase the fish survival rate on Roger's Lake. Mr. Kullander stated that the date of the "herding" is flexible. Mr. Timm volunteered to do this and find some other people to help him. He further stated that Mr. Timm came in this evening and told him that it is now too late to do the herding this year. Mr. Timm stated that it was his intention to try to herd the fish this winter but there is not enough water under the ice. He would like to hold the issue over until next December when the ice is less thick. He will bring the request back to the Parks and Recreation �. Commission next year. Mayor Huber suggested that the matter be brought back to Council in November. PARK RULES AND FEES Council acknowledged a memo from Parks Project Manager Kullander regarding proposed revisions to the city's rules and rental fees for use of city parks and property. Mr. Kullander informed Council that the Parks and Recreation Commission directed staff to review the current use and fee policy in September and recommend if staff thought the fees were appropriate. The city has absorbed the expenses related to group use of park facilities and has not charged people for park use. The proposal is to implement a $25 reservation fee to rent a park for a gathering. Wlien people reserve a park facility, staff notifies the police and public works and they make sure that picnic tables are in place and that the facility is in good shape. The city has been requiring a damage deposit and in most cases has released the deposits. The $25 fee would apply both to individuals and to organized programs. There would be one $25 fee for all the fields an organization reserves for a program, and the fees will cover the cost of processing the permits. Page No. 5 January 20, 2004 None of the schools have a problem with the proposal, and neither t; did the MHAA baseball commissioner. He stated that he left messages for the MHAA Board regarding the recommendation and did not receive any responses. Councilmember Krebsbach asked how the policy will work when someone reserves a park and another group decides to have a picnic. Mr. Kullander responded that all of the parks are reserved on a first - come, first- served basis. Anyone can go to a park and take their chances, but if someone wants a pavilion and extra tables, Public Works would set things up and it would be posted as reserved. Councilmember Schneeman stated that she reserved Roger's Lake park for a gathering last year and submitted a deposit. Mr. Kullander stated that a deposit will still be required, but there will also be a $25 non - refundable fee. Councilmember Duggan stated that he is impressed with how reasonable the proposed fee is. Councilmember Duggan moved adoption of Resolution No. 04 -10, % "A RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE OF CITY PARKS AND PROPERTY." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 RUBBISH ORDINANCE Council acknowledged and proposed ordinance from Assistant AMENDMENT Hollister regarding a revision to the Rubbish Ordinance to permit every-other week recycling service. Assistant Hollister stated that the city was approached by Waste Management in September about amending the ordinance, and the matter was considered by Council at that time. Staff was directed to notify the public about Council's consideration of the proposal, and has published an article in the city's newsletter and the Southwest Review, and has notified the city's licensed rubbish haulers. The existing ordinance requires weekly collection of recyclables, which is typically done with a small sized bin. Waste Management is in the process of trying to persuade cities to allow every other week collection using large bins, and separation of the recyclables is not required. He stated that two representatives of Waste Management, Page No. 6 January 20, 2004 Jennifer Klennert and Sheldon Swenson, are present for the discussion. Mr. Swenson informed Council that the recycling cart is similar to the ones people use for their regular garbage. If people find that they need a bigger cart, his firm would provide one in 90 days, or they will provide a smaller cart for those who need them. The key for Waste Management is the efficiency gained by every other week pick up versus weekly pick up. There is no additional charge to the home owners. The rates Waste Management charges have remained the same for the customers who are using the every other week service now. He stated that if Council approves the ordinance, Waste Management will advertise the service in the local papers and by mailed letters to its customers. Councilmember Vitelli stated that he appreciates Waste management using the advanced technology and supports the request. Councilmember Schneeman stated that this does not eliminate the other trash haulers. The other independent haulers can keep on doing what they are doing and people have their choice for rubbish hauler. Councilmember Krebsbach pointed out that recyclables are now commodities, so Waste Management is getting some compensation. She further stated that she wants to be sure people can continue using the smaller bind if they want to. Ms. Klennert responded that Waste Management encourages its customers to try the new system but will accommodate customers who are absolutely unable to use the new containers. Councilmember Vitelli moved adoption of Ordinance No. 389, "AN ORDINANCE AMENDING TITLE 4, CHAPTER 2 OF THE CITY CODE." Councilmember Sclmeeman seconded the motion. Ayes: 5 Nays: 0 I ZONE AMENDMENT Council acknowledged a memo from Assistant Hollister regarding a proposed amendment to the language in the permitted uses section of the Industrial Zone portion of the Zoning Ordinance. Assistant Hollister gave a history on the proposed change, stating that Dr. Lund requested an interpretation that a diabetes wellness Page No. 7 January 20, 2004 He reviewed the proposed ordinance changes for Council and the audience, and stated that at the last discussion on the issue, Councilmember Vitelli pointed out that Brown College was a trade school at the time it was permitted and it is now a college, and the ordinance should also be amended in that regard. If Council agrees, staff will schedule a public hearing by the Planning Commission at its February meeting. Councilmember Krebsbach stated that there seems to be a lot of interest in quasi- medical facilities, and asked if the proposed amendment addresses them but short of treatment, such as a dialysis center. She stated that she voted against the diabetes wellness center because she did not feel it was an appropriate use in the district. Assistant Hollister responded that Council was approached by United Properties with the idea of a kidney dialysis center and that went away. There is no intent to include that type of use in the I District. Councilmember Krebsbach stated that she once worked in a building that housed a dialysis center and one of the concerns of people working in the building was that there was not adequate purification of air moving throughout the entire building. She stated that she would want some restriction in the ordinance that would protect other people in the building. Councilmember Duggan stated that from Planner Grittman's analysis of parking, his thinking is that most college students drive cars. The planner's report indicates that one space per seven students is very low. He asked if Council should look at one space for every three to four students. Assistant Hollister stated that Brown College generates the need for more parking than it currently has. Brown is a growing enterprise and they are interested in general terins in expanding their campus to some other properties within the city. They are now in the old Cray Research building. What Planner Grittman is thinking about is that if Brown expands, the city is within its rights to create a new and more realistic parking standard and hold any future expansion to that standard. Councilmember Schneeman moved to order a public hearing for a zoning ordinance amendment to be conducted at the February 24, 2004 Planning Commission meeting. 1 ) Page No. 8 January 20, 2004 Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CDBG REPRESENTATIVE Council acknowledged a memo from Administrator Danielson regarding Council representation on the Dakota County CDBG Committee. After brief discussion, it was the consensus to appoint Councilmember Schneeman as the city's CDBG Committee representative and to appoint Councilmember Vitelli as the alternate representative. GOAL SETTING Council acknowledged a memo from Administrator Danielson regarding the proposed goal setting workshop/ Mayor Huber stated that he thinks the feeling is that Council should get together in a goal setting session but that a facilitator is not needed. Councilmember Krebsbach stated that she thinks last year was the first year a facilitator was used. She stated that she would prefer that the session be held on a Saturday rather than during the week so that she does not need to take time off from work. It was the consensus to conduct a goal setting workshop at 8:30 a.m. on March 20. COUNCIL COMMENTS Councilmember Vitelli stated that he is the city's representative on the MAC NOC, which held a meeting last week, and he wanted to inform residents that on February 4, the first estimate of noise around the airport for 2007 will be released. There are decibel contours mapped around the area based on take -offs and landings at MSP on different runways. The MAC has been working most of the year with a consultant and has different assumptions based on the information from carriers on air traffic and the type of aircraft. Another factor is that the north/south runway will be opening in late 2005. The good news for Mendota Heights residents in Copperfield and the Rogers Lake area is that it looks like there could be a substantial reduction in air traffic over Mendota Heights up to 50% in the operations from runway 12L, which is the runway that takes traffic over those areas of the city. People who are interested in how many plans are taking over their homes can access a website the noise people at MAC have set up. Individuals can access that website, macnoise.com, and input their street addresses and ask how Page No. 9 January 20, 2004 many aircraft have come over their homes during a given time frame, and it will show them all the aircraft that flew over their homes or within a mile of their homes and the type of aircraft. COUNCIL COMMENTS Mayor Huber stated that there was a story in the St. Paul Pioneer Press today that talked about the increase in values of homes in the metropolitan area, and of all the areas listed, the Mendota Heights/ Mendota/Lilydale area had the second highest increase, 17 %, in home values in 2003. He stated that he believes part of the reason for the excellent sustained home values is the vision the city has had for the past 50 years since its inception. He expressed appreciation to all of the past Mayors and Councilmembers. What the sustained home values shows is that Mendota Heights is persistent on how the city runs and sticks with a consistent vision and plan. It is a credit to everyone who has served as a member of Council and the commissions and city staff over the years. CLOSED SESSION Council acknowledged a memo from Administrator Danielson recommending that Council adjourn the meeting to closed session for discussion on the Par 3 litigation. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned to closed session. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 8:33 p.m. Kdthleen M. Swanson City Clerk