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2003-10-07 City Council minutesPage No. 1 October 7, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 7, 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, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Ayes: 5 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. APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of the regular meeting held on September 16, 2003. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items 6f and g, Administrator resignation and appointment of interim Administrator, 6k, no parking and no fishing signs on Wagon Wheel Trail, and 61, 2004 street reconstruction projects, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the September 23, 2003 Planning Commission Meeting. b. Acknowledgement of the NDC4 Meeting Minutes and Agenda. c. Acknowledgement of the September 2003 Building Activity Report. Ayes: 5 Nays: 0 ADMINISTRATOR RESIGNATION Page No. 2 October 7, 2003 d. Acknowledgement of a status report on the Wagon Wheel Trail Project. e. Authorization for an expenditure of up to $600 for hot dogs and refreshments for the annual Halloween Bonfire. f. Approval of a minor amendment to the Mendakota Country Club PUD and authorization for the issuance of a fence permit to Mendakota Country Club. g. Approval of a lot combination for Lloyds Barbecue, 1455 Mendota Heights Road along with authorization for the issuance of the necessary building permits for building expansion subject to verification that the two lots have been combined. h. Adoption of Ordinance No. 386 "AN ORDINANCE AMENDING TITLE 6 CHAPTER 3 SECTION 1 OF THE CITY CODE" establishing stop intersections in Town Center. i. Approval of the list of contractor licenses dated October 7, 2003. J. Approval of the List of Claims dated October 7, 2003 and totaling $583,404.18. Councilmember Duggan seconded the motion. Council acknowledged a letter of resignation from City Administrator Lindberg, effective October 31. Mayor Huber stated that Administrator Lindberg has made a decision to resign and spend more time with her family. He stated that she has been an outstanding administrator and he supports her decision to spend more time with her young daughter. He recommended that Council accept the resignation with regret and authorize staff to advertise for the position. Councilmember Vitelli stated that Administrator Lindberg has done an outstanding job in leading the city staff. Councilmember Duggan moved to accept the resignation with regret and to appoint Public Works Director Danielson as the interim City Administrator, effective November 1, until a replacement is appointed. } Page No. 3 October 7, 2003 Councilmember Schneeman seconded the motion. ' Ayes:5 Nays: 0 WAGON WHEEL TRAIL Council acknowledged a memo from Public Works Director Danielson regarding no parking and no fishing signs along Wagon Wheel Trail restricting parking and fishing on the north side of Wagon Wheel. Councilmember Duggan suggested that "this side" be included on the no parking signs and asked whether consideration should be given to including a different language on the sign as well so that visitors fishing along the road cannot say they could not read the signs. Police Chief Aschenbrener stated that he and Public Works Director Danielson have discussed and researched whether to combine a no parking/no fishing sign. He suggested using the universal no parking sign for no parking rather than putting two languages on the sign. Mayor Huber recommended using the universal no parking sign. Councilmember Duggan moved adoption of Ordinance No. 385, "AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 3 OF THE CITY CODE," and to order staff to install "No Fishing" signs and universal no parking signs on Wagon Wheel Trail on the north side of Rogers Lake. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 2004 STREET PROJECTS Council acknowledged a memo and proposed resolutions from Engineer Mogan regarding proposed areas for street reconstruction and rehabilitation improvements in 2004. Public Works Director Danielson stated that the streets in Somerset View are falling apart, especially Dorset Road, and staff would like that neighborhood to beat the top of the list for 2004. 100% of the people on Somerset Court want street rehabilitation, so it is also on the list for 2004. Staff has also been asked by the people on Dodge Lane to have their street improved. It is the only remaining gravel street in the city. He stated that at least two of the home owners on Dodge Lane would like the improvement and he did not think the other two are violently opposed to it. Staff has also received several complaints about Ivy Falls Avenue, and the homeowner survey was Page No. 4 October 7, 2003 slightly in favor of having it improved. The survey was done a year ago, and Engineer Mogan has reported to him that a number of people on Ivy Falls Avenue have called to request that it be done next year. Mayor Huber stated that in terms of difficulty and neighborhood input, Somerset View will take a lot of discussion. Councilmember Duggan asked whether the proposed projects will keep staff busy next year or if another project could be added to the program. Public Works Director Danielson responded that the Somerset View neighborhood will be a difficult project, but a smaller scale project could be added to it. 1 • 1 :•' ••r 1 rl • 1 ' :r • L40VAIlL r "• rl • • •: • 111 1 i' • 11� "• • •- • • • 1 • • r•r • 5 Basil ' 1 I • 200402, 1 1' • 114 PROJ. NO. • . • 1 •: RESOLUTION ORDERING PREPARATION OF I:I REPORT •. STREET REHABILITATION r' • I ON s I ERSET COURT TO SERVE PROPERTIES IN THE SOMERSET WEST REPLAT AND SURROUNDING AREAS •: NO. 200403, IMP. • 114 PROJ. NO. and Resolution 03-99: • • ORDERING PREPARATION OF FEASIBILITY REPORT FOR STREET RECONSTRUCTION IMPROVEMENTS ON • SERVE PROPERTIES IN THE BAUERS ACRE LOTS PLAT AND SURROUNDING • ' • : NO. 200404, IMP. • 114 PROJ. • , Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 FIRE AWARDS I, DONATION RECOGNITION Page No. 5 October 7, 2003 Council acknowledged a memo from Fire Chief Maczko regarding the twelfth annual fire safety awards. Fire Chief Maczko informed Council and the audience about the awards program, stating that the awards recognize firms that consistently and conscientiously emphasize the importance of fire safety in the work place. Mayor Huber stated that A.R.R.T., Brown College, Ecolab, General Pump, L.C.S. Metal Stamping, Minnesota Knitting Mills, Patterson Dental Supply, Somerset Country Club, Specialty Equipment Company, TAJ Technology, Tempco Manufacturing and the Tuthill Corporation are repeat firms being recognized for fire safety. Checker Auto Parts, Eagle Point Condo Association and Lennox are being presented with plaques to acknowledge their work in creating a fire safe atmosphere. Fire Chief Maczko informed Council and the audience on activities the fire department will host during October to promote fire safety, including the fire department open house during fire prevention week, and the "change your clock change your battery" program. The department will also host the annual firefighters dance and the Halloween Bonfire. Council acknowledged a memo from Administrator Lindberg regarding donations to the police and fire funds. Mayor Huber introduced Ms. Leslie Strohm, from Pro Tec Environmental and Ms. Billie Bakowski, from Boltz Tae Kwan Do. He expressed appreciation to Mr. Greg Boltz, of Boltz Tae Kwan Do and to Pro Tec for conducting a fund raiser on September 20th for the police and fire departments and to Sam's Club for its $1,000 donation. Ms. Strohm thanked the Council for inviting her this evening. She stated that this is a great opportunity to let the community know about the fund raiser. Last year she read an article about a young person who wanted to do a "board break" for a fund raiser and she thought it would be a good event to do for Mendota Heights. She wanted it to be a community event so that people would participate and thought doing it for the police and fire departments would be a great idea. Last year the event raised about $1,000. About a week before this year's event, she thought about doing a raffle and had a great response. This year, when she started to plan for the fund raiser, the raffle idea came up again and she received an incredible Page No. 6 October 7, 2003 response to it from the business community in Mendota Heights along with businesses from Eagan and South St. Paul. When she called Sam's Club in Eagan, the person in charge of giving grants, Lynn. Gram, asked if she would like one and said she could possibly give the fund raiser $500. Ms. Gram attended the fund raiser, and Sam's Club donated $1,000. Boards for the board break were donated by Golden Construction and West St. Paul Pizza Hut donated a pizza parry for everyone involved. In total, the fund raiser raised about $2,125, including the grant from Sam's. Mayor Huber informed the audience that both Pro Tee and Boltz Tae Kwan Do are Mendota Heights companies. A number of people from Boltz Tae Kwan Do were at the event, and even some members of the audience got a chance to break boards. He expressed appreciation to Pro Tec, Boltz Tae Kwan Do and Sam's Club for everything they did. CRITICAL AREA ORDINANCE Council acknowledged a memo and proposed revised Critical Area Ordinance. Councilmember Krebsbach stated that she had asked for time to compare the prior ordinance to the revision and it is almost impossible to make the comparison. To start to unravel the new on would not make any sense. The old ordinance was much simpler, `. but since Planner Grittman went through it and the city attorney has stated it is in compliance with the DNR's requirements, she has no objection to adopting it. She also stated that there have been no public comments and people have had three months to comment. After brief discussion, Councilmember Duggan moved adoption of Ordinance No. 387, "AN ORDINANCE AMENDING TITLE 12 CHAPTER 3 CRITICAL AREA OVERLAY DISTRICT." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03-48, Council acknowledged an application from Mr. & Mrs. Steven MAGER Mager for a six foot sideyard setback variance for a garage addition at 719 Mohican Court. Council also acknowledged associated staff reports. Mr. Mager was present for the discussion. Assistant Hollister stated that the applicants want to expand their existing garage. Both the city planner and Planning Commission have recommended approval. Page No. 7 October 7, 2003 After brief discussion, Councilmember Schneeman moved adoption of Resolution No. 03 -100, `A RESOLUTION APPROVING A SIX - FOOT SIDE YARD SETBACK VARIANCE FOR A GARAGE ADDITION AT 719 MOHICAN COURT." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03 -49, CARUSO Council acknowledged an application from Mr. Patrick Caruso for a lot line adjustment at 675 Wesley Court. Council also acknowledged associated staff reports. Mr. Caruso was present for the discussion. Assistant Hollister informed Council that Mr. Caruso owns two adjoining lots, Lots 12 and 13, Rolling Woods Addition, and wants to adjust the line between those lots. He would like to move the lot line to give Lot 12 more room. Staff determined the adjustment does not create any setback problems for the existing home on Lot 13 and no variance is required. An issue arose that it would be advisable to vacate the existing drainage easements along the property lines. Mayor Huber asked if one option would be to go ahead with the lot line adjustment and move the easements at a later date. Public Works Director Danielson responded that moving the easements requires a public hearing with notice requirements. Staff published for the hearing but there was not enough notice time. A public hearing will need to be conducted next month to vacate and re- establish the easements. He stated that Mr. Caruso has submitted a survey with the new easement locations. Councilmember Duggan asked if there is an appropriate setback from the cul -de -sac for a new home. Assistant Hollister responded that staff has determined that a new house on Lot 12 will be able to conform to the setbacks. Mr. Caruso asked if the easements are enforced or if the lot owner could build on that area. Public Works Director Danielson responded that the easement would be five feet along the lot lines and that the city allows fences on the easements but if the city needed to do some work within the easement area the city reserves the right to take the fence out. Page No. 8 October 7, 2003 Councilmember Duggan moved adoption of Resolution No. 03 -101, "A RESOLUTION APPROVING A LOT LINE ADJUSTMENT AT 675 WESLEY COURT." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03-50, GILLESPIE Council acknowledged an application from Mr. Tim Gillespie for subdivision and variance for two additional lots at 1063 Wagon Wheel Trail. Council also acknowledged associated staff reports. Mr. Gillespie was present for the discussion. Assistant Hollister informed Council that Mr. Gillespie owns the property at 1062 Wagon Wheel Trail. The property has been discussed several times this year by the Planning Commission and Council because a different person with an option to purchase it applied for subdivision and was denied. When Council denied that application, the statement was made that any application for future subdivision would need to go through the process again. Mr. Gillespie and his surveyor met with staff and came up with a new proposal for three lots and he needs a variance from the 100' frontage requirement. Planner Grittman reviewed the plan and recommended denial for lack of hardship. The Planning Commission also recommended denial. Mayor Huber asked Mr. Gillespie if he has any additional information to offer. Mr. Gillespie stated that he feels his plan is the best way to utilize the property. The hardship is that MnDOT owns the bridge and he cannot get a driveway in on the east side of the property. Also, a gas line is on the west side of the property. He stated that no one would buy a piece of property 100 feet wide and 800 feet deep and build a $300,000 to $400,000 home on it. He hired Mr. Dell Schwan to survey the property and met with city staff. He thinks this was a good plan for utilizing the property because of its unusual shape. The Planning Commission told him he should get a letter from the Fire Chief, which he did. He also talked to the assistant chief and they thought two lots with two private drives would make it more difficult to get into the property with emergency vehicles. He stated that he would be fine with giving the city a 25 foot wide road. He stated that he talked to all of his neighbors, and he submitted a letter approving his proposal signed by all of the neighbors. He stated that there was a person who was interested in buying the property and the Council recommended four lots. He stated that he does not want to Page No. 9 October 7, 2003 crowd the property. He works for the Metropolitan Council and knows how much they have stressed utilization of property, and to him, his proposal is the best way to utilize the property. Councilmember Duggan stated that he asked staff to give Council information on where the easements are. He asked Public Works Director Danielson if, with those easements in mind, three houses could be put on the property and still provide a turn around that would meet the fire department requirements and provide the criteria for setbacks. Mr. Gillespie stated that with the elevations and topography his plan is the best way to utilize the property without getting into odd designs. This is an area of older homes. The person across the street has a lot 100 feet wide and 500 feet deep and he cannot sell it. He stated that it is more acceptable to people to buy a normal configuration lot. Because of the incline of the bridge, going west on Wagon Wheel you cannot see at the end of the bridge if someone was pulling out. If there was a driveway in the center of his property and two private driveways off of it would be better. Councihmember Duggan reviewed a sketch he had drawn out where Mr. Gillespie could create two lots on the property without any variances. Mr. Gillespie responded that they would be 100 feet wide and 800 feet deep. Everything in the city is upper scale housing, and no one would build on a lot 100 by 800 feet. Councilmember Duggan suggested a configuration with a large turn around for fire equipment and squaring off the rectangle on the east side. Councilmembers Vitelli and Schneeman stated that Council should deal with the plan before them and not design a new plan. Attorney Schleck stated that the sketch is hand drawn and not to scale, and Council is not proposing any approvals of it at this time. Councilmember Duggan agreed. He stated that it seems Council has a challenge with what has been presented and this is the third or fourth time Council has been presented with a plan for subdividing the land. He stated that he put the sketch together as possibly something that could be done. Page No. 10 October 7, 2003 Councilmember Vitelli stated that he and Councilmember Krebsbach agree there should be no consideration or further discussion on the sketch but rather that Council should look to the proposal at hand. Mayor Huber agreed, stating that it is not Council's role to redesign the project. Mr. Gillespie stated that he proposed the three lots and met with city planning staff and has a letter from his neighbors and the Fire Chief and they all agree this would be the best way. Councilmember Krebsbach stated that the city should not be involved in helping Mr. Gillespie plan, and he is implying that staff was working with him on it. Mr. Gillespie should not confuse the city being helpful with recommending a plan. Mr. Gillespie stated that the value of a piece of property 100 feet wide by 800 feet is not the same as a piece of property that is 300 by 800. Councilmember Vitelli responded that it is not the city's responsibility to increase the value of the property. One way to proceed would be to have two lots. What Mr. Gillespie is trying to do is maximize the value of his property. It is not Council's responsibility to do that. Council's responsibility to enforce the city's ordinances. If two 100 by 800 foot lots are created, they will sell. The only question is the price. He stated that he feels strongly that two lots can be developed and should be developed. Mr. Gillespie stated that he does not want to take the area down in value and that he has advertised the property for over a year as one lot. Councilmember Vitelli stated that Council must make its decision based on ordinances and if the proposal does not meet the ordinances and there is no demonstrable hardship, Council must deny it. It is Mr. Gillespie's decision whether to come back with two lots that meet all city standards. He prepared his sketch to give Mr. Gillespie some idea that might meet the city's criteria. Councilmember Duggan moved adoption of Resolution No. 03 -102, "A RESOLUTION DENYING AN APPLICATION FOR A SUBDIVISION AND A VARIANCE FOR TWO ADDITIONAL LOTS AT 1063 WAGON WHEEL TRAIL." Ayes: Nays: 0 Page No. 11 October 7, 2003 Councilmember Vitelli seconded the motion. Attorney Schleck stated that representations of the staff and planning consultant are not the final decision of the city. Staff is here to help the residents and guide them through the process. Any helpful comments they give are not the final decision of the city. CASE NO. 03 -51, SMITH Council acknowledged an application from Mr. Victor Smith for a conditional use permit for a fence at 1085 Mary Adele. Council also acknowledged associated staff reports. Mr. Smith was present for the discussion. Assistant Hollister informed Council that the lot is across the frontage road from SuperAmerica. Mr. Smith came and talked to staff about installing a fence along his property line and told staff about having things taken from his yard and his general concerns. Mr. Smith's property is a through lot and, therefore, a conditional use permit is required. Mr. Smith applied for a conditional use permit and for a variance to the 30% openness requirement because he wants a solid fence. The Planning Commission recommended approval of the conditional use permit for the fence and for it to be six feet high but had an issue with the variance. Mr. Smith said that he could live with an alternating style fence that would meet the openness requirement. Mr. Smith showed a sketch of the proposed fence and pointed out where the gates will be and where the property line is. There will be a two foot setback for landscaping on the back side. The fence style is shadow box (alternating board). On the sides, the fence will be on the property line. Mayor Huber stated that the fence would actually go along the frontage road. He asked if it will also be along the vacant lot to the left of the house from Mary Adele. Mr. Smith responded that the fence will be all along the perimeter of the property. Councilmember Vitelli moved adoption of Resolution No. 03 -103, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND DENYING A VARAiANCE FOR A FENCE AT 1085 MARY ADELE." Page No. 12 October 7, 2003 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan stated that Mr. Smith has expressed concern about trash coming from the SuperAmerica and that he should talk to the store manager about it. VOGEL PERMIT Council acknowledged a memo from Code Enforcement Officer Berg regarding a request from Mr. Brian Vogel for a building permit extensions that were issued on October 15, 2002 for an existing fence and an existing deck/gazebo at 1705 South Victoria. Mayor Huber stated that Mr. Vogel has requested an extension on a matter that goes back a while because there is an issue about the oncoming winter. If Council says no, there are some hoops to go through. The other option would be to approve an extension to July 1, 2004 and along with that extension would be that if the extension is not complied with it would go back immediately to the city prosecutor and the court process. If Council denies the extension, the prosecutor would have to be involved again. Council could recognize that winter is coming and give Mr. Vogel until July 1, but let him know that if it is not completed by that date it will be turned over to the prosecutor. He stated that the issue was decided in 2002 and Mr. Vogel has already had a year to complete the projects. Mr. Vogel stated that city staff would not give him a permit and he had to go to court to do that. Two six -month extensions would be fine, but he cannot lay concrete in the winter and would have to come back for an extension. Administrator Lindberg stated that the fence and gazebo were built without a permit. The city required Mr. Vogel to bring them into compliance within a certain time. He did not do that and the court required him to et the permits to comply and he has not done that. If Council were to give him until July 1, 2004 to complete the requirements, that would fall within the ordinance requirements. Councilmember Krebsbach asked what the consequence is if Council does not grant an extension. Attorney Schleck responded that if the extension is not granted the matter would be referred back to the city prosecutor to go back through the legal process. Page No. 13 October 7, 2003 Councilmember Duggan stated that the September 30, 2002 letter from the city's prosecuting attorney indicates that there was a matter of a fine and compliance by October 30, 2002. It is now a year later. He asked what kind of a message Council would be sending to allow the extension. Construction is going on now and concrete could be poured now. Mr. Vogel responded that he submitted a letter to the city saying why he cannot work on it. Councilmember Duggan stated that he would support an extension to July 1 and if that is a challenge to Mr. Vogel he must let Council know by June 1 what he plans to do to come into compliance. Mr. Vogel should come back to Council by June I to report his progress. Councilmember Krebsbach asked if Mr. Vogel was supposed to have taken the top off the gazebo. She stated that this has gone on for two years and that Mr. Vogel could take the gazebo down. Mr. Vogel responded that he is going to move it five feet closer to the house. Councilmember Duggan stated that he understood that the gazebo height does not comply with the ordinance. Mr. Vogel responded that his understanding is that with the roof on it is considered an addition to the house and if he moves it closer to the house, it would be okay. He has a plan to move it. Councilmember Krebsbach stated that she would like to have a sense that Mr. Vogel has been communicating with the city and is not trying to skirt things. Administrator Lindberg stated that Mr. Vogel has applied for a building permit that does comply with all city ordinances. Mayor Huber moved to authorize an extension of the building permits to July 1, 2004 and if the work required by the permit is not done, Council will refer the matter to the city's prosecutor. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 1 Krebsbach CONVENTION AND Council acknowledged a memo from Administrator Lindberg Page No. 14 October 7, 2003 VISITORS BUREAU regarding a request to establish a convention and visitors bureau (CVB). Mr. John Voss and Ms. Jennelle Teppen from the Inver Grove Heights CVB board members were present for the discussion. Ms. Teppen stated that she is the Inver Grove Heights Assistant Administrator and a CVB board member. They are present to discuss the opportunity to establish a CVB in Mendota Heights and ultimately join with the Inver Grove Heights CVB. She stated that she is only present in her capacity as a board member and is not present on behalf of the City of Inver Grove Heights. The Inver Grove Heights ordinance only allows a 2% tax, but statutes allow up to 3 %. She and Mr. Voss are asking Mendota Heights for a 2% tax for a CVB. The purpose is to increase tourism dollars to Mendota Heights. If the Mendota Heights CVB joins the Inver Grove Heights CVB, the Inver Grove Heights group would collect the funds and the funds are used for advertising. The Inver Grove Heights CVB has been organized for two years and one of the things it has done is put together a brochure advertising Inver Grove Heights and its proximity to the general metro community. Mr. Voss stated that he owns the Americhm Hotels in Inver Grove Heights and Apple Valley. He formed a CVB in Apple Valley after he built the hotel there. Prior to the CVBs he was having to compete with communities that had created them and hotels are at a disadvantage if they cannot compete. He discussed what the two CVBs have done for advertising and stated that in 1993 the Mendota Heights Marriott was in favor of a CVB in Mendota Heights. Creating a CVB is a two part decision - whether Council wants to create this body, and if one is created he feels it would be beneficial to join forces with the Inver Grove Heights CVB. Mayor Huber asked if the hotel owners in Mendota Heights have been approached, either formally or informally, about the idea. Mr. Voss stated that they have not. Mayor Huber stated that the taxes are on hotel businesses and asked whether there is any advertising spin off that ties into the commercial area around the Americinn site in Inver Grove Heights. Mr. Voss responded that when a visitor is brought into a community, you want them to spend money in the community. Getting them into the hotel supports the hotel. He stated that information is available at the hotel about the businesses and services available in the community. Page No. 15 October 7, 2003 Councilmember Duggan asked which businesses in Mendota Heights Mr. Voss has identified to direct visitors to. Mr. Voss responded that Mendota Heights does not have many businesses but will be having retail in the Town Center Development and also has some retail on Dodd Road. The initial advertising would be to have builders recognize the advantages of the community. Councilmember Duggan asked whether there has been discussion about start up costs. Mr. Voss responded that generally the administrative costs the Inver Grove Heights CVB has are about $15,000 a year. If Mendota Heights joined those costs would not be duplicated. Councilmember Duggan asked if Mr. Voss sees Mendota Heights creating a separate brochure or a combined one with Inver Grove Heights. Mr. Voss responded both. One of them would market northern Dakota County. Councilmember Duggan stated that in the past, the concern was that Council did not know if there was a way out of the tax once it is authorized. He asked if there is a way to repeal it. Administrator Lindberg responded that the ordinance would take care of that. Mr. Voss stated that Apple Valley had the same discussion and the point was they could adopt the ordinance and rescind it at any time. He believes Council can terminate the tax, which was the understanding of both Inver Grove Heights and Apple Valley. Ms. Teppen stated that Inver Grove Heights adopts the CVB budget on an annual basis and the CVB provides them with regular updates on its activities. Councilmember Vitelli asked about the legal structure of a CVB. Mr. Voss responded that it an take different forms. A Council passes an ordinance and says how many board members there will be and how long there terms will be. In Inver Grove Heights, the tax money flows from the city to the CVB. A checkbook is maintained at city Page No. 16 October 7, 2003 hall, but the CVB has autonomy, such as coming before Mendota Heights before going to the Inver Grove Heights Council. Councilmember Vitelli asked how it is linked to the city and what the city's legal responsibilities are. Attorney Schleck responded that from the city's standpoint it would be like a parks and recreation commission in the way it functions. A CVB would operate under a charter established by the city at the discretion of the city. Ms. Teppen stated that the tax is collected and by statute the CVB is allowed to flannel 95% to the CVB and 5% to the city for administrative costs. The hotels send the city a check for their tax each month. No city money is involved in it at all. The board members are from the hotels and local businesses, and many CVBs have a member from the city's staff. The fund is maintained as a city fund separate from the other funds. All liability is assumed by the city. The Inver Grove Heights CVB has a part-time executive director paid for by the CVB. Councilmember Krebsbach stated that she has been on Council since 1993, and the reason she opposed the CVB for Mendota Heights the last time is that Mendota Heights is in a very unique position. There , could have been many hotels here and Council made a decision not to become part of the Bloomington strip. There are two interstates and four highways running through the city. This is a community that values its residential development and businesses. For Mendota Heights to join a CVB would be counter to what the city has done. Mendota Heights has chosen to keep low key. She stated that she would ask the rest of Council to bear in mind that Council would be creating something counter to the city's character. Councilmember Vitelli asked what the risk is since most of the land in the city is developed and commercial development is where it is. Councilmember Krebsbach responded that T.H. 110 could develop differently, and Council has dealt with those issues in the past. Mendota Heights could easily have been an extension of Bloomington in the past. A CVB has the job of creating tourism as a destination. Councilmember Schneeman stated that she would like to contact the local hotels and find out what their feelings are and then come back and discuss the issue more. Mendota Heights is so interrupted with Page No. 17 October 7, 2003 the freeways and highways that to suggest that people at the hotels would go to Town Center for a restaurant would be a stretch. Councilmember Duggan agreed, about fmding out what the hotel managers think, and also stated that he would like to see detail on the finances and have the city's staff review the financial information, legal structure and risks. Mayor Huber stated that he does not think he would be interested in creating a CVB. He wants the city's hotels to do well, but when this issue came up about ten years ago the hotels were much newer and they seem to be doing well. Council did nothing about a CVB then and that seemed to work out fine. Council could ask the hotels what they think, but he does not want to lead Mr. Voss and Ms. Teppen on. Councilmember Krebsbach stated that to her it goes to the point of creating a body that has a different direction from the City Council. Councilmember Vitelli stated that he would not support going to the hotels. If this is a good idea for them, they should come to Council. He stated that he is open on the request and would be influenced greatly if the hotels came to Council and asked Council to create a CVB. Mayor Huber stated that Council can take no action and Mr. Voss and Ms. Teppen can decide how they want to proceed on their own. Mr. Voss responded that there will not be any more impetus from them, but they would be willing to help the city if Mendota Height just wants to set up a CVB. PROSECUTION RFP'S Council acknowledged a memo from Administrator Lindberg and Police Chief Aschenbrener regarding scheduling interviews for prosecution services. Administrator Lindberg stated that about a month ago Council authorized staff to request proposals for prosecutor services, and six proposals have been submitted. She and Chief Aschenbrener have reviewed them and recommend that Council interview three of the .firms at 6:00 p.m. on October 21. She stated that the three firms are recommended based on their fee structure and familiarity with Mendota Heights. Page No. 18 October 7, 2003 It was the consensus to conduct prosecutor interviews at 6:00 p.m. on October 21. AUDITOR RFP'S Council acknowledged a status from Finance Director Schabacker on requests for proposals for audit services. Finance Director Schabacker stated that the deadline for submission of proposals was October 3. Six proposals were received by the deadline and a seventh, from KPMG, was received on October 6. She has not had a chance to review all of the proposals but will review them before the next meeting and will check references and, on October 21, will make a recommendation on three or four top firms for interview by Council or an interview committee. Mayor Huber stated that the options are for Ms. Schabacker to make three recommendations and have the entire Council interview or another possibility would be that Council identify two members to serve on an interview committee with Ms. Schabacker and the city administrator before Administrator Lindberg leaves. He asked for volunteers to serve on the committee. He also informed Council that he will not be present for the November 4 meeting. It was the consensus to appoint Mayor Huber, Councilmember Schneeman, Administrator Lindberg and Finance Director Schabacker to serve as the interview committee. COUNCIL COMMENTS Councilmember Krebsbach stated that a resident in her neighborhood has requested stop signs on Hunter Lane and on Glenhill Road in response to people traveling at high speeds on Victoria Curve. She asked Police Chief Aschenbrener to consider the problem. Councihnember Duggan stated that in response to a call from Mr. Bruce White, he attended at meeting at St. Peter's Church on Monday evening regarding the Garron site. The Historical Society will be holding a public hearing at St. Peter's on October 27. Councilmember Schneeman informed Council that she will be going on a bus tour for the Gun Club Lake WMO and will report back to Council. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Page No. 19 October 7, 2003 njgll • , 19 �1181_ ► �,# = 197 Kaddeen M. Swanson City Clerk ATTEST: John J. H r Mayor