Loading...
2003-06-17 City Council minutesPage No. 1 June 17, 2003 i •' Tlli •• Igi 1A • A • �IIW-A'qIK91WkVJIWIhIII= Minutes of the Regular Meeting Held Tuesday, June 17, 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. GI S O W 1 i7_ V_ II 17 9� C O3 21 i ) 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. APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on June 3, 2003. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 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 June 12, 2003 Parks and Recreation Commission meeting. b. Acknowledgment of the NDC4 agenda, the unapproved minutes from the April 9 Executive Committee meeting and the minutes of the May 7 full Commission meeting. c. Acknowledgment of a memo from Parks Project Manager Kuilander informing Council of the Parks and Recreation Page No. 2 June 17, 2003 Commission recommendation not to proceed with developing a ski trail in Valley Park. d. Authorization for city participation with Mendakota Country Club in the annual Fourth of July fireworks. e. Adoption of Resolution No. 03 -38, "A RESOLUTION DENYING A CRITICAL AREA PERMIT FOR A LANDSCAPE PLAN AND REAR DECK AT 645 SIBLEY f. Approval of the list of contractor licenses dated June 17, 2003. g. Approval of the List of Claims dated June 17, 2003 and totaling $406,263.42. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mayor Huber stated that Administrator Lindberg will return from leave on June 30 and this will be Public Works Director Danielson's last Council meeting as Acting Administrator. He expressed appreciation to Mr. Danielson for doing an outstanding job as Acting Administrator for the past three months, especially since there was no police chief for much of that time and Engineer Mogan has been out for close to a month. During the past three months there has been record planning activity and Town Center construction has been going on. Staff has been stretched and Mr. Danielson has done an excellent job. HEARING —LEXINGTON Mayor Huber opened the meeting for the purpose of a public hearing HEIGHTS APARTMENT on amendments to the Refunding Bonds 1991 A and B issued to BONDS Lexington Heights Apartments. Council acknowledged an associated memo and proposed resolution from Finance Director Schabacker. Mr. James Riley, Jr. was present for the discussion on behalf of the Lexington Heights Apartments. Mr. Riley stated that he is requesting that the A bonds amortize in 2015 and the B bonds amortize in October, and is further asking that the amortization schedules match up to each other. Mayor Huber asked for questions and comments from the audience. Page No. 3 June 17, 2003 There being no questions or comments, Councilmember Schneeman moved that the hearing be closed. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Councilmember Duggan moved adoption of Resolution No. 03 -39, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA AUTHORIZING THE EXECUTION AND DELIVERY OF THIRD SUPPLEMENTAL INDENTURES WITH RESPECT TO THE CITY'S MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LE)OINGTON HEIGHTS APARTMENTS PROJECT )SERIES 1991A AND SERIES 1991B." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 HEARING — TURNERS Mayor Huber opened the meeting for the purpose of a public hearing GYMNASTICS BONDS an a request from Turners Gymnastics to consider the refunding of its 1996 Industrial Revenue Bonds. Council acknowledged an associated memo from Finance Director Schabacker. Mr. Steve Fenlon was present on behalf of Turners. Mr. Fenlon informed Council that Turners is asking Council only to hold a hearing tonight but not to pass the resolution. This is a period of change for Turners in staffing, and Turners is having some trouble fording a lender. He stated that he hopes to have that resolved in the next few days and be back for resolution adoption at the next Council meeting. If he does not have the lender issue resolved in the next few days, he will probably not be back to pursue the request. Mayor Huber asked if there would be any advantage to keeping the hearing open. Mr. Fenlon responded that it might be a disadvantage to keep the hearing open because the hearing notice would have to be published again and there would be a delay. He would like to have the hearing step done. City Attorney Schleck agreed, stating that conducting and closing the hearing tonight would be the best thing to do. Mayor Huber asked for questions and comments from the audience. Page No. 4 June 17, 2003 There being no questions or comments, Councilmember Schneeman moved that the haring be closed. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 MENDAKOTA PARK PLAY Council acknowledged a memo from Parks Project Manager AREA IMPROVEMENTS Kullander regarding the award of a contract for repairs and upgrades to the Mendakota Park play area. Mr. Kullander explained that the improvements include various repairs, touch up painting, expansion of the rubberized surfaced area and adding several new components to the play area. He recommended that Council award the bid for the improvements to Earl F. Anderson. Councilmember Vitelli moved to award the contract for play area improvements to Earl F. Anderson for its bid of $17,788.42. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 HAGSTROM -KING PARK Council acknowledged a memo from Parks Project Manager Kullander regarding the award of a contract for the replacement of play equipment at the Hagstrom -King park. Mr. Kullander explained that the project includes using 12 inches of compacted wood fiber surfacing, and that after the surface packs down, every piece of equipment at the park will be handicapped accessible. He explained that the play areas will be relocated, and reviewed drawings of those areas. Responding to a question from Mayor Huber, Mr. Kullander stated that the wood fiber surfacing is used extensively in St. Paul and many other communities. Councilmember Duggan asked if the Parks and Recreation Commission considered the proximity of the relocation area to the street and safety for the children playing there. Mr. Kullander responded that the play area is about 80 feet from the street and about three to four feet below the street. Also, it is much closer to the ball field and there will not be much to block the view of the play area. C Page No. 5 June 17, 2003 Councilmember Vitelli moved to award the contract for Hagstrom- King park improvements to Minnesota/Wisconsin Playground for its bid of $39,400.00. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 MENDAKOTA PARK Council acknowledged a memo from Parks Project Manager FENCING AND CIVIC CENTER Kullander regarding the award of a bid for two fencing projects BALL FIELD BACKSTOP at Mendakota Park and backstop replacement at the Civic Center ball field. Mr. Kullander stated that the Parks and Recreation Commission is recommending two changes at Mendakota, installation of 8 foot goal line fencing at the youth soccer field and the addition of ten foot wide wings to the existing backstop. He stated that the back stops are getting distorted because of fast pitch ball, and the proposal is to take out the fence behind each back stop and put in new fence and more supports. The third project is in response to a request from MHA.A for an extension of the back stop at the Civic Center filed. The support posts are undersized, and they recommend a completely new back stop with 30 foot high poles, which will cost about $4,000 more than was budgeted. A companion project was to put in a practice pitching bound at a cost of $4,000. The Parks and Recreation Commission felt the back stop was a more important improvement and recommended putting in the back stop and not doing the pitching mound. Councilmember Vitelli moved to award the contract for fence improvements to Century Fence in the amount of $10,468.00 plus tax, to be funded by the Special Park Fund. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 ROGERS LAKE FISHING Council acknowledged a memo from Parks Project Manager ENHANCEMENTS Kullander regarding a recommendation from the Parks and Recreation Commission to order a feasibility study for fishing enhancements at Rogers Lake. Mr. Kullander stated that the commission invited Mr. Cliff Timm to attend their last meeting to discuss his ideas for improving fishing at Rogers Lake. Mr. Tim's proposal is to dredge the area on the north side of the lake so that the fish have a higher rate of survivability in the north area. Staff has contacted the DNR and the Soil and Water Page No. 6 June 17, 2003 Conservation District and no one has given them a positive feeling about whether dredging will work in the long run. They did not feel it would give enough pay back for the money. The commission also discussed putting an aerator on the north lake. It would be necessary to hire a consultant to determine whether that would help. That part of the lake is only three to four feet deep. He stated that he has been told there is an old road in the south lake under water and that may be something that is blocking the migration of the fish from the north lake to the south lake. The city's oldest maps do not show a road. He stated that he believes the south lake is about five to seven feet deep, but soundings have never been taken. Mr. Timm stated that Commissioner Portz amended the motion for aeration and that caught him by surprise except that would be very costly over the years. He stated that he took his boat on the north lake and it is not deep enough for an aerator. An area would have to be excavated in order to install an aerator. He stated that he would not support aeration at all. He stated that near the high wire, the lake is about 6 feet deep, but off the Pince property it is only about one foot deep, so he did not think dredging would have to go far. He stated that he suggested fifty feet, but it does not have to be that far. The culvert draws the fish, and that would definitely have to be lowered or there would be no use in dredging. He stated that he met with people who live on that part of the lake and they own property right into the lake. He asked if the dredging would be held up by a court case if the owners would decide not to let it be dredged out. Mayor Huber stated that many of the lot lines do extend into the lake. The thing that concerns him at least as much as the ownership is that staff has done a good job of discussing the issue with the DNR and conservation district. He pointed out that the project would cost quite a bit of money that the city just does not have. He informed Mr. Timm that the city is losing $225,000 this year and next year and Council must find out how to make that up, and the special park fund has been allocated to projects. Mr. Timm responded that he is willing to spend some money and that he wants the project to go ahead. Mayor Huber responded that he understands Mr.Timm's position but some of the proposals that have been presented could cost $80,000 to $100,000 depending on how far the city goes with them. Page No. 7 June 17, 2003 Mr. Timm suggested that a study be done to see how much it will cost. He stated that some people say it will not work, but the fish could be herded out of the south lake by someone on a snowmobile. Mayor Huber stated that because of the way land settles under water, it is likely that if the dredging is done, it would have to be done again in a few years. He felt that dredging would only have a short term impact and would not be a permanent solution. Councilmember Vitelli stated that there is good fishing in the south lake and it seems to be sustained. It is a good investment and it is working well. It seems that Mr. Timm's desire is to make the north lake fishable, and have it sustain fish as well. He did not think that is a high priority since there is good fishing on the south lake. If there is an investigation done, it should be to see that the south lake continues to have good fishing. Nature takes its course and if the lake is dredged, it would have to be done again and again. Mr. Timm stated that across the road the lake is full of weeds and people cannot fish from the road very successfully. Thousands of fish lost their lives there last year and that will continue. The city must do something or pretty soon people will not be able to catch any fish on Rogers lake. He would like to see a DNR person to come down to Rogers lake and tell him why his ideas would not be successful. Doing nothing will not help fishing. Mayor Huber responded that the DNR did not say they would stop the city from doing something but they question whether the project is sustainable. He felt one could possibly argue that if the city were to make that kind of an investment there might be better things to do with the money. Council needs to determine where it gets the best value for the city's money. The DNR is saying there are better ways the city could make an investment into wildlife that would make a difference. Mr. Timm stated that there isn't any current in the north lake and the bottom will not change much for thirty years. If the fish can be kept from dying, the city would realize the potential and he is willing to spend some money to have that happen. Otherwise, he will give the money to someone else. He informed Council that he is involved in a big project on a lake in Prior Lake, and someone will get his gift trust money. Mayor Huber stated that if Mr. Timm is really looking at the Twin Cities area in total, it is possible that the project he has in Prior Lake Page No. 8 - June 17, 2003 may be a better project for fishing and wildlife in the Twin. Cities area and that is what he would recommend. He would personally rather see what project can get the most value for the money, and there may be a better project that would be better for improving fish and wildlife in the metro area. Councilmember Schneeman stated that she agrees with dredging the culvert. If the city tries it once and Mr. Timm is willing to pay for it, she would support the dredging 100 %. She agreed with Mr. Timm that dredging probably would not have to be done again for 30 years. She supported the idea if it can be done for a reasonable amount of money. Mr. Timm stated that there is good fishing from Wagon Wheel Trail in the spring and people could have good fishing all summer long. He stated that Council does not realize what kind of potential there is — within half an hour he caught six eight inch sunfish on the north lake. Responding to a question from Councilmember Vitelli about the cost of dredging, Mr. Kullander stated that it is difficult to determine because there is a question over where the dredged material would go. If it needs to be trucked out, the cost would be very expensive. The city just removed 8,000 yards of material at the Town Center site and it cost about $10 a yard, and there the trucks could just drive up and take it away. In this case, it would have to be dredged out and then trucked. The DNR would prefer that dredging be done in the winter, and the Soil and Conservation people estimated there would be about eight to ten thousand yards of material to be dredged out. Councilmember Vitelli stated that if it cost $80,000 to remove dirt from dry lane, he would assume it would cost more to dredge material out of the lake. He asked Mr. Timm if he is talking about donating $100,000. Mr. Timm stated that he would if that is what it would take. He stated that he spoke to Mr. Courtney Pince and he would gladly take the material. Mr. Kullander told him the material could not be put on Mr. Piece's property because it is a wetlands, but it is not wetlands. It should be checked to see if it is hazardous. He stated that it does not have to be dredged fifty feet wide if that is too costly. The main thing is to get a channel and clean the culvert. The old road should also be taken out. The lake has wonderful potential, and if a 50 foot dredging width costs $80,0000, it can be narrowed down. Page No. 9 June 17, 2003 He stated that he just does not want to get ripped off and that the potential for fishing is so great he does not want to pass it up. Councilmember Duggan asked Mr. Timm if he has spoken to any of the property owners in the area and whether they support the proposal. Mr. Timm responded that Mr. Pince supports it. Another owner was out of town, but Mr. Timm talked to his brother -in -law. He stated that the activity could be confined to Mr. Piece's land. The person on the south is out of town and it could be a problem if he did not want the project done. Councilmember Duggan suggested that Mr. Timm contact all the property owners to see if they would be willing to share some of the costs. The neighbors would benefit from the proposal, and perhaps the city would be willing to commit $1,000 to a study to find out what the costs would be. If Mr. Timm can come back with the neighbors and if they are willing so support the proposal, perhaps the city can meet the combination of what Mr. Timm and the neighbors are willing to spend for a study. Mr. Timm stated that he is not asking anyone for money. Councilmember Duggan stated that if the neighbors contribute $200 each, then they would take ownership. A preliminary study needs to be done. Mr. Timm responded that he is willing to fund the project. He wants to spend his money while he is alive. He stated that he would be willing to fund the study as well. Councilmember Schneeman stated that she supports Mr. Timm's undertaking this and thinks it could be done without spending that much money. The dredging does not need to be 50 feet wide. Anything that is done will enhance Rogers Lake. Mr. Timm is willing to help the city with this, and she would like to see something positive come from the proposal. Mr. Kullander stated that he can contact Barr Engineering and the DNR to see what other firms do this type of work. He will get a ballpark figure for a study and let Mr. Timm know the cost. Mayor Huber stated that Council needs to talk to the neighbors about two issues: 1.) dredging what may be their property; and 2) finding Page No. 10 June 17, 2003 where to put potentially 7,000 to 8,000 yards of soil. He appreciates Mr. Pince has agreed to take material but it is hard to believe he could take 200 truck loads of material. Mr. Timm stated that he promised Mr. Pince to treat him the way he would like to be treated, and he would like to see Mr. Pince compensated for taking the material. Mayor Huber stated that Council wants to be sure that the city and Mr. Timm are spending money on the most beneficial project for the benefit of fishing in the Twin Cities area. Mr. Timm responded that Rogers Lake is only ten minutes from his house, and it would benefit him. Responding to a question from Councilmember Schneeman about the goose problem, Mr. Timm stated that he has spoken with the West St. Paul police chief and they are spending $1,200 to do a study. Mayor Huber stated that Mr. Kullander will get quotes for a study and share that information with Mr. Timm to see if he is interested in contributing to the cost, and they city may also participate in that cost. Councilmember Vitelli stated that Mr. Kullander should write down the objective of what this project is trying to accomplish when he goes to the consultants. BUROW POND PLAT Council acknowledged a memo from Acting Administrator Danielson regarding the Dakota County Physical Development Committee of the Whole response to the city's request for a variance to allow seven new driveways on Victoria Road (for the Burow Pond subdivision). Mr. Danielson informed Council that the committee denied the request for variance. Councilmember Duggan noted that Mr. Tilsen is coming before the Planning Commission this month for condominium development for the parcel and perhaps discussion on the variance issue should be deferred. Mayor Huber responded that Mr. Tilsen needs more than one driveway cut on Victoria even for the condominiums. Page No. 11 June 17, 2003 Councilmember Schneeman stated that she has heard from many people who do not want condominiums but do want single family. Councilmember Vitelli stated that Acting Administrator Danielson is specifically asking whether Council wants him to go ahead and work further with Dakota County and Lilydale to accomplish a turn back of Victoria. Councilmember Schneeman stated that she feels Council should want him to do that. Mayor Huber agreed with Councilmember Duggan that it would be interesting to see what comes out of the Planning Commission meeting. The issue Council has heard on the turn back is really not so much plowing. The real issue in the long run is when the day comes that Victoria needs capitol improvements because it is a frontage road and because of the way the road is constructed. It is a street where there are houses only on one side. When a street improvement needs to be assessed and there are only homes on one side, the city has to chip in a lot of money. Acting Administrator Danielson responded that the state has to contribute to the upgrades. Victoria has been designated by the city to be an MSA route, so there would be some funding. The city typically assesses every resident that has a driveway on a street. Councilmember Vitelli agreed that there are long term implications and stated that perhaps Council should tell staff to leave it alone for now. Mr. Jim Tilsen, present on behalf of Tilsen Homes, stated that the turn back process is at the county's prerogative. They can do it whether the city agrees or not. They indicated at the meeting that they are going to start the process. He felt it would behoove the city to have Mr. Danielson begin to work on it. He would like the process to go as speedily as possible, and the county would like to do the turn back within 90 days. Mayor Huber responded that the county may finally decide they are going to give the city the road. They have looked at turn back for many years, and they would rather do it in a cooperative method. When they have approached the city in the past, the city has told them that they need to get a deal with Lilydale first and the issue has always died. He stated that he is not overly concerned about the day to day issues, but is concerned about the long term. Page No. 12 June 17, 2003 Mr. Tilsen stated that if Mr. Danielson can be involved in the negotiations, it would expedite things. l Mayor Huber responded that the city is willing to talk to the county. It would be good to see first which way the Tilsen project will go. If the county calls Mr. Danielson, he would recommend that Mr. Danielson ask if they are making any headway with Lilydale. Mr. Danielson responded that the county has set up a meeting with Lilydale. Mayor Huber directed that Mr. Danielson sit in on the meeting if he wishes. BOND REDEMPTION Council acknowledged a memo from Finance Director Schabacker regarding the redemption of several city obligation bonds. Ms. Schabacker stated that she has been working with Mr. Monty Eastvold on the park refunding bonds, etc., and he conducted debt management on the city's outstanding bonds. There are five issues that are eligible to be called and could be paid off. The city is currently paying anywhere from 5.3% to 7.4% interest on those issues and if they are redeemed, the city would realize a savings on l.. the payments the city has to make. Councilmember Vitelli moved adoption of Resolution No. 03 -40, "RESOLUTION CALLING FOR REDEMPTION OF GENERAL OBLIGATION BONDS OF 1987; GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988; GENERAL OBLIGATION BONDS OF 1989; GENERAL OBLIGATION IMPROVEMENT BONDS OF 1991; AND GENERAL OBLIGATION IMPROVEMENT BONDS OF 1992." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 LIVABLE COMMUNITIES Council acknowledged a memo from Assistant Hollister GRANT regarding applying for a Livable Communities Grant for Town Center. Mr. Hollister referred Council to the final page of his memo. He stated that last year the city requested a grant of $1,848,880 from the Metropolitan Council and was quite successful in receiving $873,000. He stated that what staff is planning to do this year is to apply for the balance of the original application funding request. He Page No. 13 June 17, 2003 and Councilmember Schneeman attended a meeting in May about ( this years grant application process. He asked at the end of the meeting whether the fact that the city received an award last year harms the city's chances this year. He was told not to worry about that and go ahead and apply. He brought the matter to Council last month and was directed to apply again this year. What he has submitted to Council is a draft of the application. The application is due to the Metropolitan Council by June 30, and there is a resolution of support needed, but that is not due until July 31. He stated that Ross Feffercom has reviewed the application and agrees with the financial numbers and recommended that the city mark yes rather than no on Item 1. Also, Mr. Feffercorn sent staff language to insert on the third page of the application. He read those comments for Council. He stated that the city will need to make a presentation to the Metropolitan Council, and he is looking forward to Administrator Lindberg making that presentation. Councilmember Schneeman stated that she appreciates Mr. Feffercorn's comments and input. She stated that he is a member of the Livable Communities Board. She supported the application. Councilmember Vitelli stated that the city should do what was done last time and have all, or at least a large part, of the Council attend the meeting at which the presentation is given. Council's presence would be very important. The focus should be that the city appreciates the financial support, the project is on schedule and as defined, and the city continues its request for the remainder of the funds. He would also like to know when the date of the presentation will be. Council authorized staff to put the application into final form and submit it to the Metropolitan Council, and to prepare a resolution of support for Council adoption. COUNCIL COMMENTS Councilmember Duggan congratulated staff on the Celebrate Mendota Heights Parks event. He stated that one comment he received was that it is too short, running from 10:00 a.m. to 1:00 p.m. He understands that staff volunteers their time and he thinks that they should be paid, especially if it goes longer hours. He would like staff to look at whether it can be expanded to 3:00 p.m. Councilmember Duggan stated that some people are concerned about garbage containers being left out more than 24 hours and they asked that he pass on their concerns. Page No. 14 June 17, 2003 Councilmember Duggan stated that some of the residents on the T.H. 110 frontage road (Mr. Wise and Mr. Wallace) are concerned about dust on T.H. 110 and would like to have it watered down. Mr. Wise is concerned that he doesn't think there have been any changes next to Town Center. Acting Administrator Danielson responded that the area was dug up for watermain, and soil corrections will be made when construction begins. Councilmember Duggan responded that they said they were not part of the 61 people who petitioned for the project. Mr. Wise is primarily concerned about dust control. Councilmember Duggan thanked Mr. Danielson for getting him the water agreement that was adopted in 1976. He stated that he talked to former Mayor Lockwood and former Administrator Johnson and they both said there is no specific reason for the 20% surcharge. He asked if anyone has looked at the 1976 agreement. He stated that he thinks it would be appropriate for Council to take a look at it. Part four of the original agreement was not changed in 1976 from the original. Part 5 was changed. He stated that he will look at it further and bring it back. Councilmember Schneeman stated that she thought the discussion was over and done with. Councilmember Duggan stated that he hopes that Council will look at the agreement and discuss it in July or August. Mayor Huber informed Council that he has been informed that 1 -35E between T.H. 13 and T.H. 110 is on the MnDOT list of sound barriers, but they only do about five a year. ADJOURN There being no filrther business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Kathleen M. Swanson City Clerk Page No. 15 June 17, 2003 ATTEST: Jo ube Mayor