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2003-10-21 City Council minutesPage No. 1 October 21, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 21, 2003 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 would be absent. PLEDGE OF ALLEGIANCE Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 The City Council, audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Councilmember Schneeman moved approval of the amended minutes of the regular meeting held on October 7, 2003. Councilmember Duggan seconded the motion. CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 10, 2003 .Airport Relations Commission meeting. b. Acknowledgment of the Fire Department monthly report for September. c. Authorization to reschedule the starting time of the November 4 Council meeting to 8:00 p.m. 1 Page No. 2 October 21, 2003 d. Authorization for the issuance of a building permit to American Tower Corporation to add two new antennas to AT &T's existing C antenna array at 894 Sibley Memorial Highway. e. Authorization for the issuance of a temporary wine license to Royal Redeemer Lutheran Church in conjunction with its holiday fund raiser to be held on December 6, 2003. f. Authorization for the City Administrator to execute a Joint Powers Agreement (renewal) for the Dakota County drug task force. g. Approval of the list of contractor licenses dated October 21, 2003. h. Approval of the List of Claims dated October 21, 2003 and totaling $368,284.59. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mayor Huber informed the audience that a member of the city's staff is in the hospital battling a significant infection. He asked everyone \ who is listening to please keep her in their thoughts and prayers. BID AWARD: WAGON WHEEL Council acknowledged a memo from Parks Project Manager TRAIL CULVERT Kullander regarding bids received for the Roger's Lake cross - culvert project. Mr. Kullander reviewed the bid process and the bids received. He stated that the low bid is about $15,000 lower than the engineer's estimated and recommended that the contract be awarded to the low bidder, Park Construction. Councilmember Vitelli moved adoption of Resolution No. 03 -104, "A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR BID FOR REPLACEMENT OF ROGER'S LAKE CROSS - CULVERT UNDER WAGON WHEEL TRAIL (IMPROVEMENT NO. 2003, PROJECT NO. 06) STATE AID PROJECT 140 -106- 003," awarding the contract to Park Construction for its low bid of $156,638.50. Councilmember Duggan seconded the motion. Ayes: 4 Page No. 3 October 21, 2003 Nays: 0 I TOWN CENTER PUD Council acknowledged a memo from Public Works Director AMENDMENT Danielson regarding a request from Mr. Ross Feffercorn for a minor amendment to the Town Center PUD to allow Gateway Bank to use Outlot F as a temporary bank site for one year. Mr. Feffercorn was present for the discussion. Mr. Feffercom stated that he is present this evening to present a request by his first tenant moving forward with a commercial building. Gateway Bank has signed a letter of intent for Lot 1, Block 1 and is working with its architects to design a 3,000 to 4,000 square foot bank facility. As part of the letter of intent, Gateway Bank asked to initiate their bank with a temporary bank facility, which is essentially a leased double -wide trailer, to begin their marketing at Town Center. He stated that is a quite common approach for banks starting up. The area that works the best for the temporary facility is Outlot F, which is owned by the city. Mr. Feffercorn would be holding a lease with the city and Gateway Bank would be a subtenant for the lease and the lease would run for one year. Gateway bank would like to open the facility by December. He reviewed the site plan and showed photos of a similar facility. He stated that the lease would require full restoration of the site and would include some landscaping and sod. Gateway Bank would complete their plans for the permanent facility early in 2004 and begin construction in April, 2004. He can then begin landscaping Outlot F about this time next year. He asked for authorization to work with the City Attorney and staff on the lease. Mayor Huber stated that Mr. Feffercorn is suggesting that construction of the permanent facility would be next spring and it would be ready to occupy in about September, at which time the temporary structure would be removed. Mr. Feffercorn stated that is correct. Gateway Bank would like to begin their marketing and open up. There is nothing included about lighting, but he thinks a couple of light poles will need to be installed. He stated that he will bring signage to staff for review. Nothing has been submitted yet, but he will work with the bank on signage. Councilmember Schneeman stated that she is delighted with the proposal and would like signage to be installed so that people know things are going on at the site. Page No. 4 October 21, 2003 Councilmember Vitelli moved adoption of Resolution No. 03 -105, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE TOWN CENTER PUD." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ACTION Council acknowledged a memo from Administrator Lindberg COUNCIL regarding a request from representatives of the Community Action Council (CAC) to make a presentation to Council on the efforts of the CAC and the need for support from the community. CAC President Mary Ajax, ISD 197 Superintendent John Longtin, and former Councilmember Mike Dwyer were present for the discussion. Mr. Dwyer stated that he is present to introduce Ms. Ajax and lend his personal endorsement. CAC has an opportunity to continue its good work with the school district and in this community, and this is Ms. Ajax chance to make her request to the community for a generous response. Ms. Ajax stated that the CAC is a private non -profit committee organized in Dakota County in 1970 to partner to prevent violence and promote self sufficiency and school success. CAC started a partnership with the school district in 1999 through a $500,000 gift from the Noreen Trust. CAC is now in kindergarten through twelfth grade and is making a significant difference. A requirement of the gift is that CAC raise $150,000 per year in matching funds. CAC has been able to raise its match through foundation support, but foundation support comes only one time. She reviewed statistics on how many people CAC had helped in the schools in Mendota Heights in 2002 and 2003. CAC is committed to school success. If children do not come to school, how do teachers teach them? CAC has improved attendance 91 % for the families it has worked with. There has been an 87% improvement in scholastics and a 90% increase in parent involvement. She stated that CAC is housed in the schools. She asked for community support to keep the program going. Superintendent Longtin stated that CAC has family support workers in all three of the Mendota Heights schools and they have made a tremendous difference in the schools. He stated that there are some housing situations where children are constantly moving. when CAC works with a child and family, the school district begins to see a decline in the mobility rate in some of those families. Instead of moving in and out twelve times in a year, they came down to three to Page No. 5 October 21, 2003 four times a year. CAC workers are not employees of the school district. They work with children, but they also work with families in the community. Mayor Huber stated that he would think also as attendance improves and the stability of the child increases, that would have spin off effects on the classroom. Superintendent Longtin agreed, stating that along with helping children, CAC is also improving the climate of the classroom and it has a tremendous spin -off. Ms. Ajax stated that she left packets of information with the City Administrator and gave the audience a phone number at which she can be reached. She asked that members of the community contribute to the CAC. Councilmember Duggan suggested that she provide cards or brochures to distribute at the Halloween Bonfire to help promote the program. AIRPORT RELATIONS Airport Relations Commission Chair Scott Beaty was present to COMMISSION REPORT update Council on the Commission's activities during the past year and to review the 2003 Airport Noise Plan of Action. Chair Beaty introduced ARC members Liz Petchel, Ellsworth Stein and Vern Edstrom. He stated that his presentation will be a year in review and he will talk about the future. Last year the ARC completed an informational video and it can still be seen on cable television. Copies are also available for people to borrow. The MAC staff is also using it as an educational video. The ARC has also helped the Rogers Lake neighborhood group work with MAC and spent some time talking about the Pilot Knob issue. The ARC made a unanimous decision to say it did not feel that is an appropriate place for residential use. The ARC also spent meetings educating the city's legislative representatives on air noise issues. They worked with the MAC representatives to let them know the issues in Mendota Heights and had the FAA tower chief come to a meeting so the ARC could get her perspective on why planes fly over residential areas and to see what can be done to change the current operations. For the last few months, the ARC has been working on the Airport Noise Plan of Action. He reviewed the plan of action for Council. Page No. 6 October 21, 2003 Councilmember Duggan commended the ARC on its efforts with the Rogers Lake group and informed Chair Beaty that the ARC still has until October 31 to submit comments on the Pilot Knob EAW. He urged the commission to seriously consider placing its comments in the official record. Mayor Huber stated that Council wants to make sure that there is no misunderstanding that the ARC officially represents the city. The city has sent letters to MAC, and he does not want to get a mixed signal to MAC that there are two groups operating in Mendota Heights. The ARC is the group the city uses as its official representatives. Chair Beaty responded that the ARC is a city commission and makes recommendations to Council. Councilmember Duggan suggested that it would be helpful to add a glossary of acronyms as another issue in the action plan. Mayor Huber stated that the ARC is a very dedicated commission that must be very motivated to stick with it, and the whole community should be grateful to the ARC. To whatever extent Council can help support the commission or offer assistance, Council is available as a resource. Council will work with and help the ARC in any way it can. Councilmember Schneeman stated that the ARC members are unsung heroes. Air noise information is very difficult to understand, and Council thanks everyone on the ARC and Councilmember Vitelli, who is Council's representative to the committee. Chair Beaty stated that Councilmember Vitelli has taken on a big role with the commission, and that says a lot about his commitment to the community. He also stated that the commission will really miss Administrator Lindberg. HEARING: EASEMENT Mayor Huber opened the meeting for the purpose of a public VACATION hearing on the vacation of drainage and utility easements located between Lots 12 and 13, Rolling Woods Addition, 675 Wesley Lane (Caruso planning case). Council acknowledged an associated memo from Public Works Director Danielson. Public Works Director Danielson stated that it is standard city policy to have five foot easements along each lot line, and new easements were required when the lot line was moved. Page No. 7 October 21, 2003 Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Vitelli moved that the hearing be closed. Councihnember Schneeman seconded the motion. Ayes: 4 Nays: 0 Councihnember Duggan moved adoption of Resolution No. 03 -106, "A RESOLUTION APPROVING VACTION OF DRAINAGE AND UTILITY EASEMENT." Councihnember Vitelli seconded the motion. Ayes: 4 Nays: 0 FRIENDLY HILLS POWER Council acknowledged a memo from Public Works Director OUTAGES Danielson regarding a complaint from Mr. Bernard Friel about power outages in Friendly Hills. Mr. Friel and Ms. Collette Jurek, from Xcel Energy, were present for the discussion. Mr. Friel stated that he has been dealing with increasing numbers of power outages since the early 1990's. The people on Mohican and three or four other streets in Friendly Hills are affected. For the last two years, three of the outages were storm related. No one complains about that because it cannot be helped. There have been thirteen outages in the last year that were not storm related. He has complained to Xcel a number of times over the years and finally decided he needs the help and support of the City Council. He felt the real problem has been lack of adequate maintenance. Some of the outages have been for twelve to thirteen hours and not related to storms. As the result of one of the outages he had to replace his computer modem and repair his computer at a cost of $600. Ms. Jurek stated that she has put together a summary going back to 2001, because that is when she started her position with Xcel and her responsibility for Mendota Heights began in 2000. A lot of the outages in 2001 were equipment related. After Xcel replaced equipment there were no malfunctions. In 2002 and 2003, except for one outage that Xcel forced, the outages were related to animals, lightning and trees. Xcel started working today on replacing /upgrading animal guards, lightning arresters and transformer fuses. Also, tree trimming for all of Mendota Heights will be done in the spring of next year. Those actions should help to significantly reduce outages in the city. Page No. 8 October 21, 2003 Councilmember Duggan encouraged residents to call Xcel to report when trees need to be trimmed around power lines. Ms. Jurek stated that Xcel encourages people to call if they think a tree might be problematic and Xcel's vegetation management will go out and look immediately. Mr. Friel stated that he is pleased to hear about the tree trimming. Two or three of his neighbors have called him to say that they have called Xcel to tell them about trees touching power lines but nothing was done. He stated that he appreciates Xcel's assistance and Council's response and help. ENTERPRISE CORPORATE Council acknowledged a memo from Public Works Director CENTER MINOR PUD Danielson regarding a request from united Properties for a minor AMENDMENT amendment to the PUD for the Enterprise Corporate Center for development of Phase II as a condominium office /warehouse project and authorization for a building permit for Phase II. Mr. Dale Glowa was present on behalf of United Properties. Mr. Glowa stated that an amendment to the PUD was approved in 1996. United Properties built the first project on a speculation basis and got it leased. Before they started the second project, the market got soft. A build to suit has expressed interest in building a project, and they want to do an industrial condominium where the occupants will own their space. The company United Properties is doing the development for, JES Enterprises, Inc., has a glass distribution business that will take the majority of the building. The project is very consistent with the original PUD. The entrance from Pilot Knob, parking, etc., are all the same as in 1996. United Properties received approval from Dakota County in 1996, so it is restricted to the approved driveway location. The plan for Enterprise Corporate Center was originally for a large bulk warehouse project with a 24 foot ceiling height. What is proposed will have an 18 foot ceiling and it will fit in well with the surrounding buildings. JES wants the entire front of the building to be glass. The building colors will be softer than the first project, and there will be extensive landscaping. Cross easements will provide for shared site access and utilities and maintenance of the landscaping around the pond. The need for the PUD amendment is the building height and the color of the building, which will be gray and white. He stated that he is also going to request a variance for a 20 foot setback for the sign. He has made a similar request for all of the signs in the industrial park. He stated that United Properties would like to begin construction in November, with an early May occupancy. Page No. 9 October 21, 2003 Public Works Director Danielson recommended that the minor amendment includes the 20 foot sign setback, and the plans that have been submitted show the sign at 20 feet. Attorney Schleck suggested that the approving resolution be modified to include the sign variance and that it be submitted for Council approval at the next meeting. Mr. Glowa stated that he would like to clarify item three in Public Works Director Danielson's memo with respect to the retaining pond. United Properties would like the retaining wall to go away. Public Works Director Danielson stated that staff is working with United Properties to try to eliminate the wall. When the final grading plan is designed, if a wall is needed staff will bring the issue back to Council. YORKTON CENTRE POINTE Council acknowledged a memo from Public Works Director SOUTH Danielson regarding a request from Mr. Dennis Trooien, owner of the GNB building, for permission to remove the scrub trees from the city -owned Outlot A of Yorkton Centre Pointe South to improve visibility to his building. Councilmember Vitelli moved to grant permission to Mr. Trooien to remove the trees. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 FRANCHISE FEE Council acknowledged a memo from Administrator Lindberg regarding negotiations on a franchise fee in the new Xcel franchise agreement. Mayor Huber pointed out that Council is not approving a franchise agreement tonight, but rather is only discussing one aspect of a larger agreement. Administrator Lindberg stated that Mendota Heights has been operating without a franchise agreement with Xcel for ten years and staff is in the process of beginning to negotiate an agreement. In the past, the negotiations broke down over the franchise fee issue. Xcel has acknowledged willingness to include a franchise fee n the agreement or language that would allow a franchise fee in the future. Page No. 10 October 21, 2003 Mayor Huber stated that the city had a franchise agreement at one time and that has expired. His thoughts regarding the specific issue is to include the flexibility for a future franchise fee. He did not see any need to implement a franchise fee at this time. He pointed out that this would be a long term franchise agreement. In terms of the franchise in total, he would need a lot of information on the concept of doing a franchise with Xcel. Councilmember Vitelli suggested that staff be directed to put the wording in but that should not be construed that the city would be imposing a franchise fee at this time. Councihnember Duggan stated that his first reaction was that Xcel would be giving the city franchise money. Instead, they are asking the city to impose a fee of at least 1 %. Administrator Lindberg stated that Xcel would not be asking the city to do it. Cities are now tending to establish franchise fees to generate revenue. Xcel is not asking for it, but they are allowing communities to do so because of lost aid. Ms. Jurek stated that Xcel works with communities to use franchise fees as a revenue generator and would work with Mendota Heights to determine what an appropriate rate would be. Many cities have approached Xcel to open existing agreements. Xcel would guide the city in the process, draft an agreement and attend Council meetings to explain the document. Xcel can write a renewal agreement with appropriate language to allow future Councils to exercise the option to impose a franchise fee in the future. Xcel would be entitled to collect administrative costs for collection of the fee, but Xcel asks the cities not to charge it for right -of -way use permit fees. Councilmember Duggan stated that Council discussed a hotel tax last meeting and asked how it could be eliminated in the future. He asked if the language in a franchise agreement would be written in such a way that the city could eliminate a franchise fee in the future. Ms. Jurek responded that Xcel has been asking cities to include a sunset provision with an automatic renewal every three years. Councilmember Duggan stated that the Department of Public Service (DPS) report on franchise fees excluded cities between five and ten thousand. He stated that he is personally opposed to having any language in the agreement with respect to franchise fees. He stated Page No. 11 October 21, 2003 that he sees it as a form of tax and Council has told the residents it would be reducing taxes next year. He stated that he would like to leave the language out until the city has to do it. Mayor Huber stated that he has no interest in imposing a fee. It is simply maintaining the flexibility for the future. Part of the decision relates to how long the franchise agreement would be. If it is just three years, he would say forget the fee language. If the franchise agreement is for 20 years, who knows what might happen over 20 years and he would be inclined to want the flexibility for a franchise fee. He pointed out that the franchise fee portion is just a small part of a very large agreement. Councilmember Schneeman asked Attorney Schleck to explain why cities have franchise agreements and why the city should have a franchise agreement with Xcel. Attorney Schleck responded that the question of whether the city should or should not have an agreement is a community specific problem and deals with the comfort level between the utility and the community. Franchise agreements allow communities to have more control over use, installation, maintenance and repair by a utility operating in the community. To what extent the city wants to control a utility corridor is also a consideration. Ms. Jurek stated that it is a day to day contract with the city. Attorney Schleck stated that it comes down to whether the city wants a higher degree of control over the operation of a utility. Also, financing for cities is changing. Reductions in aid have caused cities to look for places they can recoup some of their revenues. What is being discussed tonight is the structure of the document rather than whether Council is imposing a fee. It simply allows for flexibility for the future. The discussion tonight is not whether to impose a fee but whether the agreement should include the option to impose a fee in the future. The need for a franchise agreement with Xcel came up during the land use dispute between the city and Xcel. A franchise agreement would just document what has been going on already. Whether the city wants that level of control is up to Council. Without a franchise agreement Council never will have the option to impose a franchise fee. Councilmember Vitelli stated that Councilmember Duggan has convinced him to withdraw his support. A franchise fee is a way to further tax people and get around levy limits, and the city does not need to do that. Council is talking about inserting the capability to Page No. 12 October 21, 2003 impose a fee in a franchise agreement and Council does not even necessarily feel an agreement is needed. Mayor Huber asked what if there was a strong need to have a franchise agreement and that agreement had a term of ten years, and the legislature decides they are not going to reinstate the MVHC but are going to take more and they say since cities are charging franchise fees they are going to place levy limits on the city. All of the other cities have ways of raising taxes and since Mendota Heights did not, what would Mendota Heights do. The Mendota Heights Council has been extremely conservative and cannot predict what the legislature will impose on the city and would just be protecting basic city services by having the ability to impose franchise fees if the legislature severely limits Council's ability to provide those services. Councilmember Duggan suggested crossing that bridge when Council comes to it. When something is written into an agreement, it is always there. This is something the city can add at ahny time. Mayor Huber stated that if there is a ten year agreement with Xcel and the potential for franchise fees was left out and three to four years from now there is a real need to impose the franchise fee to take care of a legitimate need and asks Xcel to open the agreement, Xcel could simply say forget it. Councilmember Duggan stated that this city has done an excellent job in the past and by continuing that approach, the city will continue being the city it is. When the hypothetical becomes actual, Council can make that decision. He is not against the idea of having the agreement but Council does not even have anything in front of it. He suggested getting copies of the draft first and them make a decision. Mayor Huber agreed, stating that it is impossible to discuss the agreement without having an agreement in total. Ms. Jurek stated that she would be happy to draft something with the franchise fee agreement and one without it. Administrator Lindberg stated that Ms. Jurek has already provided a standard agreement to staff and Attorney Schleck has reviewed it and made comments. The entire agreement will come to Council at a future date. Page No. 13 October 21, 2003 Mayor Huber stated that before that happens, Council will need some sort of instructive session on whether the city even needs an agreement. Attorney Schleck stated that the city does have an ordinance that requires a utility to have a franchise agreement in place in order to expand existing service in the city. COMMISSION Council acknowledged a memo from Administrator Lindberg APPOINTMENTS regarding commission terms that expire on January 31, 2004. Mayor Huber stated that a place to start might be to poll everyone whose terms will expire to see whether they are interested in applying. He suggested giving them three weeks to get back to Council about whether they would like to be reappointed. If some do not want to be reappointed, he would like to announce in the city newsletter that the positions are open. ADMINISTRATOR Mayor Huber stated that a couple of weeks ago, Council started a RECRUITMENT process going for recruiting a city administrator. He has been thinking about the issue more and it seems that the more he thinks about it, the more he believes the city probably has the best candidate sitting at the meeting. He stated that James Danielson has been the Public Works Director for 24 years and he would be a very strong candidate for the administrator position. He recommended that James Danielson be the next city administrator. Administrator Lindberg stated that she could not agree more. She cannot think of anyone who would be more capable. He has served as acting administrator several times and would be an excellent person to be the city administrator. She urged Council to appoint him as city administrator. Mayor Huber asked what needs to be done with the process that has already started. Administrator Lindberg responded that she consulted with the city's labor attorney and she would send a letter alerting the applicants that Council has made an internal appointment and thanking them for their interest. Because this is the highest position in the city, Council simply has the option to appoint the candidate they want. Councilmember Vitelli asked Public Works Director Danielson if he wants the job. Page No. 14 October 21, 2003 Mr. Danielson responded that he has been with the city for 24 years and has been proud to be a member of the organization would be honored to lead it. Councilmember Vitelli moved that James Danielson be appointed City Administrator, effective November 1, 2003. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 AUDIT SERVICES Council acknowledged an update from Finance Director Schabacker regarding proposals received for audit services. Ms. Schabacker stated that she has reviewed all of the proposals and has checked references on each of the firms and recommends that four of the firms be interviewed. Mayor Huber stated that he and Councilmember Schneeman will talk to staff in the morning to set up and interview date and time. PROSECUTION SERVICES Council acknowledged a memo from Administrator Lindberg regarding the appointment of a prosecution firm. Mayor Huber stated that Council held a workshop prior to this evening's meeting to interview prosecution firms but will not take action on the matter this evening. BUDGET WORKSHOP Council acknowledged a memo from Administrator Lindberg regarding conducting a budget workshop. It was the consensus to conduct a budget workshop at 6:00 p.m. on November 19. Councilmember seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Mayor Huber stated that this is Administrator Lindberg's last Council meeting and that she has done a terrific job as City Administrator. It has been a pleasure to work with her and get to know her. He wished her the very best in the future and expressed appreciation for her help to him as a new Mayor. Administrator Lindberg stated that it has been a great experience for her. Mendota Heights is a wonderful place and she will miss everyone very much. Page No. 15 October 21, 2003 Councilmember Schneeman commended Administrator Lindberg, stating that there have been many difficult issues facing the city and she handled them very well. Councilmember Vitelli stated that Administrator Lindberg has all the talents one would want in an executive. Councilmember Duggan expressed his appreciation and best wishes. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:41 p.m. A�_-- KTn M. Swanson City Clerk ATTEST: John J. Mayor