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2003-04-15 City Council minutesPage No. 1 April 15, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 15, 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 AGENDA ADOPTION Ayes: 5 Nays: 0 Ayes: 4 Nays: 0 Abstain: Krebsbach 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. Councilmember Duggan moved approval of the minutes of the Board of Review meeting held on April 1, 2003. Councilmember Vitelli seconded the motion. Councilmember Krebsbach moved approval of the amended minutes of the regular meeting held on April 1, 2003. Councilmember Duggan seconded the motion. CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move item 6f, Parks CIP, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the Parks and Recreation Commission meeting held on April 8, 2003. Page No. 2 April 15, 2003 b. Acknowledgment of minutes of the February 12 and March 5 NDC4 meetings and the agenda for the April 9 meeting. c. Acknowledgment of the Fire Department monthly report for March. d. Authorization for execution of a lighting contract with Xcel Energy for installation of the outdoor lighting fixtures for Town Center. e. Acceptance of the Retrospective Rates Premium Option for workers compensation insurance renewal for the 2003/2004 policy year. f. Approval to withdraw authorization to expend Special Park Fund financing for construction of an addition to the Wentworth Park warming house. g. Adoption of Resolution No. 03 -18, "A RESOLUTION APPROVING A SPECIAL PERMIT TO TURNERS GYMNASTICS CENTER FOR A TEMPORARY SIGN." h. Approval of the list of contractor licenses dated April 15, 2003. i. Approval of the List of Claims dated April 15, 2003 and totaling $376,714.64. Councihnember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PARK CIP Council acknowledged a memo from Parks Project Manager Guy Kullander regarding parks capital improvement projects scheduled for completion in 2003. Responding to a question from Councihnember Duggan, Mr. Kullander stated that the existing lock box at the Civic Center field will be used at a different field when it is replaced with a larger one. Councihmember Duggan moved to accept the list of parks capital improvement projects scheduled for completion in 2003. Councihnember Schneeman seconded the motion. Ayes: 5 Nays: 0 C Page No. 3 April 15, 2003 EQUALIZATION/REVIEW Council acknowledged a 2003 Review Board status report from BOARD MEETING County Assessor Peterson. Council also acknowledged a memo from Finance Officer Schabacker regarding the report and a request from Mr. Peterson that Council consider transferring its local review/ equalization board duties to the county. Ayes: 5 Nays: 0 \ j Councilmember Duggan moved that the review board meeting be closed. Councilmember Schneeman seconded the motion. Mayor Huber stated that County Commissioner Patrice Bataglia had also called him with regard to transferring the equalization board duties to the county. He stated that Mendota Heights has always held Review Boards locally as part of a Council meeting. Council felt it was a good opportunity for the residents to meet with the County Assessor. Dakota County has been holding more open book meetings over the years at much wider times for the residents to stop in and basically have the same contact with county staff as they have at the review board meetings. The county has added meetings in March at different times and 18 Mendota Heights property owners attended them. Only one person came to the city's Review Board meeting. Commissioner Bataglia and Mr. Peterson have asked that Council consider their request to do all open book meetings. They have several staff attend the city Review Board and it is very costly. Dakota County is now providing Mendota Heights residents with added access to open book meetings, including meetings at the Northern Service Center. Commissioner Bataglia pointed out to him the same things about staffing costs that Mr. Peterson spoke about in his letter. Given that the county has expanded its open book hours to 9:00 a.m. to 7:30 p.m. and has expanded its locations, Commissioner Bataglia requested from him that Council consider not doing Review Board meetings any more. South St. Paul and Mendota Heights are the only two cities doing them anymore. Councilmember Duggan stated that in view of the fact that the Northern Service Center is so close, he would suggest doing a two year test and then review participation. If the participation is better, he feels transferring the duties would be good. Council would reserve the right to bring back the local review board if Council thinks there are people who would rather come to a local review board. Page No. 4 April 15, 2003 Councilmember Krebsbach agreed, but suggested that the city advertise the open book meetings through Council meetings, the city newsletter and the website during March. Councilmember Schneeman stated that if the county is doing open book meetings for eight days, from 9:00 a.m. to 7:30 p.m., it is superfluous for the city to hold a Board of Review. Councilmember Vitelli agreed with the recommendation. Staff was directed to notify Assessor Peterson and find out what formal action is needed. ST. THOMAS ICE ARENA Mayor Huber opened the meeting for the purpose of a public hearing FINANCING on a request from St. Thomas Academy for the issuance of revenue notes to assist in the financing of the ice arena. Council acknowledged a memo from Finance Director Schabacker and information from Wells Fargo Brokerage Services. Mr. Richard Miller was present for Wells Fargo. Mr. Miller informed Council that Wells Fargo is the placement agent for the financing. The hearing is to authorize the issuance of the notes which will be for construction of the ice arena on property owned by St. Thomas Academy across the road from the Academy. The facility will be developed and owned by the St. Thomas Academy Ice Arena, which is a 501(c)3 non -profit corporation that will own and operate the facility until it has no debt. It will then be turned over to the Academy. The facility will be used by St. Thomas Academy, St. Thomas University men's and women's hockey programs and local youth hockey. This will not be a public offering. The board of directors of the non - profit will be appointed by the five people who will be financing the debt. They will be taking the responsibility for the financing. The city assumes no responsibility. The mere fact that the city passes it will give the financing tax exempt status. Mayor Huber pointed out that the synopsis refers to $2.8 million in financing and the resolution talks about $3.3 million. He asked what the difference is. Mr. Miller responded that because the public hearing is set well in advance of when the financing is done, the construction bids were not in at that time and he wanted to be sure the cost would not exceed the resolution. The cost will be $2.9 million. The resolution is for an amount not to exceed $3.3 million. He would like to leave it at $3.3 million because if something did happen that would add Ayes: 5 Nays: 0 Page No. 5 April 15, 2003 excess costs he would issue more financing up to $3.3 million. It is a 20 year amount with a balloon at 15 years. For the first seven years, the non- profit is responsible, and after that the financer takes responsibility. This is not any obligation to the city. Attorney Schleck stated that Mr. Miller is absolutely correct. All Council is really doing is allowing St. Thomas to seek financing in a different market. He pointed out that the resolution states that the note shall not constitute a debt to the city. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Duggan moved to close the hearing. Councilmember Schneeman seconded the motion. Councilmember Krebsbach asked whether anything will be filed with the city about the Board of Directors since this is a new non- profit corporation. Attorney Schleck responded that as long as it qualifies as a 501(c)3 for financing, that is all that is required. Councilmember Krebsbach asked, since this is not to St. Thomas and it is to a new non - profit, what kind of records does the city have in terms of to whom this is granted. Attorney Schleck responded that the city does not normally have any records on 501(c)3 corporations. They are a corporation under the laws of the state, and the Secretary of State would have the documents. Councilmember Krebsbach asked what the city has of record. When this type of financing has been approved, it has always been with an organization that has a long history with the city. Attorney Schleck responded that the city really would not have a lot of documentation because it isn't required when an entity is created. There isn't a lot of documentation on the new entity. The city could possibly ask for a copy of the agreement between St. Thomas and the new entity. Councilmember Krebsbach stated that she would like that. Every time a new entity forms, Council could get a request. She feels the Page No. 6 April 15, 2003 city needs to know the relationship between the new entity and the Academy, and she would like it to be a condition of the resolution that they submit the agreement to the city. Mr. Miller responded that the reason it was decided to set up a new non profit is that the debt for the middle school included covenants that would not allow additional debt for the Academy. St. Thomas is leasing the land to the non profit who will do this out of their own resources. The land cannot be used for anything but a hockey rink. Even if it is not successful as a hockey arena, it cannot be used for anything else. Councilmember Krebsbach stated that Council never gets just a single request. There would likely another group in the future that would ask the same. She asked Finance Director Schabacker how she established the fee of $0.80 per thousand. Ms. Schabacker responded that is what the city has used as a figure in the past. Former Treasurer Shaughnessy had recommended it based on a history with St. Thomas and Visitation on past financing. Councilmember Schneeman asked if the city has always charged a fee and if this fee is approximately the same as in the past. Ms. Schabacker responded affirmatively. Councilmember Schneeman stated that the last time the city did similar financing, Treasurer Shaughnessy told her that the city has issued revenue bonds fifteen times in the past. Responding to a question from Councilmember Duggan regarding Section 3.4 of the resolution, Mr. Miller stated that in order to be bank qualified, the issuer cannot issue more than $10 million of tax exempt debt during 2003. Most of the buyers of this debt will be small banks or sophisticated individuals. Councilmember Vitelli moved adoption of Resolution No. 03 -19, "RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE $3,300,000 RECREATIONAL FACILITIES REVENUE NOTE, SERIES 2003 AND AUTHORIZING THE EXECUTION OF THE DOCUMENTS RELATING THERETO (SAINT THOMAS ICE ARENA PROJECT," amended to require submission of a copy of the agreement between St. Thomas Academy and the non- profit. �. Page No. 7 April 15, 2003 Councilmember Schneeman seconded the motion. l Ayes:5 Nays: 0 CASE NO. 02-41 Council acknowledged a request from St. Thomas Academy ST. THOMAS ACADEMY for approval of the final plat and final development plan for a planned unit development for a hockey arena on the south side of Mendota Heights Road, across from St. Thomas Academy. Council also acknowledged associated staff reports and the final development plan checklist submitted by RSP Architects. Mr. Charles Freiberg was present on behalf of RSP Architects. Mayor Huber stated that there were a number of conditions set on this last year by Council. He asked if they have all been met. Mr. Freiberg responded that the list of conditions was given to him in October and all of the conditions have been met. The only thing left open was that the signage on the building was 1'6" high and Council wanted it bigger, so it was increased to two feet high. The parking lot that is directly across the street at St. Thomas will provide 396 overflow parking spaces. St. Thomas University is required to provide 1,000 seats because of the league they play in. They do not anticipate any more than 500 people at a time. He is asking that in the event the ice arena parking lot is full, that the arena be allowed to use the parking lot across the street. Regarding concern over crossing Mendota Heights Road, he stated that the main entrance is directly across the street from a street light on Mendota Heights Road and there is also a light at the main entrance. St. Thomas Academy will also be asking for a reduction in the speed limit on Mendota Heights Road. Councilmember Krebsbach asked if the Academy is planning to ask for a striped walkway with a signal. Mr. Freiberg responded that it was discussed at one time and St. Thomas is willing to look at that if it is required. He feels that lowering the speed limit and the fact that the entrance is lit should be sufficient. Councilmember Schneeman noted that Fire Chief Maczko is a traffic safety engineer with St. Paul, and perhaps he could give the city advice. Page No. 8 April 15, 2003 Mr. Freiberg stated that he does not think St. Thomas Academy would hesitate to ask for safety improvements if they feel it is necessary. Mayor Huber stated that the city can look at all the options if it appears that there will be a lot of pedestrian traffic. Councilmember Duggan stated that the traffic on Mendota Heights Road is quite fast. He would like to take preventative measures to avoid problems, and Council is emphasizing the need for caution in the area and striping particularly, and discussing the matter with Chief Maczko is an excellent solution as well. Mr. Freiberg stated that St. Thomas will be asking for a speed zone of 25 mph. Councilmember Krebsbach stated that St. Thomas should ask for what it really feels it needs. She asked Mr. Freiberg if he removed some parking from the arena side. Mr. Freiberg responded that he has not reduced anything fro the arena side. It was always 275 parking spots with handicapped and bus parking. Mr. Freiberg showed photos of St. Thomas Academy and sketches of the arena. The exterior will be pre -cast panels. The ribbed panel will have aggregate in it to match the coloring of the band on St. Thomas. It will be flat panel colored concrete on top to match the upper portion of the wall of St. Thomas. He has tried to match both the color and texture of the Academy building. The lower portion of the arena will be rock faced block. All of the public facilities are in the lower level. There are junior varsity locker rooms for St. Thomas Academy and locker rooms for both the St. Thomas University men's and women's teams and locker rooms for youth groups. Councilmember Duggan asked if there has been a resolution of the park dedication issue. He stated that he thinks Council finalized 274 standard parking places and seven handicapped spots. With respect to lighting, Council often finds that the lighting proposals are wonderful on paper but when they are in, people are challenged by them. He asked if there will be an opportunity that they can be realigned or baffled to not reflect on cars going by. Page No. 9 April 15, 2003 Mr. Freiberg responded that there is a specification for lighting fixtures that are back lit. He cannot answer which specific lights are going in, but he is comfortable they will not spill off the site and there will be adequate light. Councilmember Krebsbach asked if there is signage on the freeway side of the structure. Mr. Freiberg responded that none is proposed — it was taken off after a prior discussion with the city. Councilmember Krebsbach asked if the building will block the view of St. Thomas from the freeway. Mr. Freiberg responded that St. Thomas cannot be seen from the freeway. Councilmember Krebsbach stated that it can be seen from T.H. 55. She asked if people will still be able to see the St. Thomas Academy sign on the main building. She asked if there is any way to identify St. Thomas Academy from T.H. 55 when one drives along 55. Mr. Freiberg responded that he cannot answer that question. Councilmember Krebsbach stated that she would hope that when this building is up, St. Thomas will want identification on the campus from a distance. If this building blocks the signage of St. Thomas and people can no longer identify the campus, she felt there may need to be a sign on the back of the arena. Mr. Freiberg responded that could certainly be done. He stated that the freeway is so far below the hill that he does not know if it would be seen, but he will drive by. Acting Administrator Danielson stated that there is no city sanitary sewer in front of this building now, so staff asked if St. Thomas would be willing to extend the sewer across the front of the property so that Visitation could also have sewer available if it ever expands in the future. St. Thomas agreed to the request. Responding to a question from Councilmember Duggan about drainage to the back of the building, he stated that staff has submitted a permit request to MnDOT and has not yet received a response. Page No. 10 April 15, 2003 Mayor Huber asked Council whether they feel the arena will provide enough of a service to the community that a park contribution is not needed. Councilmember Vitelli asked what the fee would be under the city's ordinance. Mayor Huber responded that one option would be $1,500. Another would be 10% of the value of the land in cash. The other is to exempt the Academy from paying a contribution because of the nature of this development and its benefit to the community. Councihmember Vitelli stated that if St. Thomas and MHAA can come to an agreement on the local community use of the facility, an exemption would be appropriate. Councilmember Krebsbach stated that an agreement between St. Thomas and MHAA about ice time would be a primary condition. Councilmember Vitelli moved adoption of Resolution No. 03 -20, "A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT FOR A HOCKEY ARENA AT SAINT THOMAS ACADEMY." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 SKATE PARK BIDS Council acknowledged a memo from Parks Project Manager Kullander regarding bids received for skate park obstacles. Mr. Kullander informed Council that the Parks and Recreation Commission has evaluated several bidders that bid on the project and reviewed designs and met with several residents and youths. It is a difficult project to bid because of the nature of the obstacles. Each of them is built of different materials. The commission did not come up with a final design during the initial discussions, so that had a design seminar for the young people and adults who attended their meeting. The vendor who gave the demonstration had all -steel construction components. Some of the other bidders have composite components with wood surfaces. That is what most of the skaters prefer. The bid documents were prepared using one basic design. Prices came in between $22,000 and $40,000. After reviewing the bids, the commission decided on composite wood material and the Custom Skateparks Concepts bid. The budget Council authorized ` Page No. 11 April 15, 2003 was $22,000, but the Custom bid came in at over $33,000. The commission was reluctant to ask Council to increase the budget by over 50 %, so they asked him to contact the vendor to see how the price could be brought down to within 10% to 15% over the budget. They came back with a proposal for $25,800. He showed Council a rendering of the proposed obstacles. Some of the obstacles are reduced in size from the original concept design and one was removed. Responding to a question from Councilmember Krebsbach about how many obstacles there are, Mr. Kullander stated that it would be really difficult for him to answer because he is not a skater. Some of the obstacles are used for different tricks, and some of the obstacles can be reconfigured because they are easily moved. The other, heavier pieces, can only be moved by use of a pallet jack. The skaters looked at the equipment and came up with what they thought would be acceptable for a beginner's skate park. Councilmember Krebsbach stated that the equipment that is proposed seems to be the sturdiest, low maintenance and lowest risk and is really for the younger skate boarders. Councilmember Duggan complimented Mr. Kullander on his _ persistence in going through this with the commission. He noted that the memo from Mr. Kullander indicated that ten percent of the skate surface may need to be replaced every year or so after the first three years. Mr. Kullander responded that the surface is a wood composite and it can start• to age and crack or wear to the point that it could be a hazard. Brackets can be removed and the surface sheet can be taken off easily. The other cities he has talked to say 10% may have to be replaced each year because of wear. Councilmember Duggan stated that Council was originally concerned about maintenance costs of up to $5,000 per year, but the indication from the memo is that maintenance would not take much time from the public works crew. If maintenance consists of replacing only 10% of the surface each year, that minimizes budget concerns. Councilmember Duggan moved to award a contract for the purchase and installation of skate park obstacles to the firm. of Custom Skatepark Concepts. in the amount of $25,894.74, to be financed by the Special Park Fund. Page No. 12 April 15, 2003 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 ROSEVILLE PROPERTIES, Council acknowledged a memo from Assistant Hollister relative to CASE NO. 02-07 a request for final plat approval to create three lots from two lots in the Centre Pointe Business Park. Mr. Hugh Cullen was present on behalf of Roseville Properties. (The preliminary plat and a 55 foot lot width variance were approved on April 2, 2002.) Mr. Cullen stated that he is proposing to subdivide the last two remaining undeveloped lots in the business park into three lots. He is very close to signing a tenant for a new building, and building plans will be complete within a day or two. Along with the final plat, he is requesting approval of a preliminary grading plan. The tenant is a data center, and because of the work they need to do in the inside of the building, they need to have Roseville Properties deliver the shell construction by a certain date. " He is hoping to start construction in May and deliver the shell in August or September. Councilmember Duggan moved adoption of Resolution No. 03 -21, "A RESOLUTION APPROVING THE FINAL PLAT FOR YORKTON CENTRE POINTE SOUTH 2ND ADDITION." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 NPDES Council acknowledged a memo from Acting Administrator Danielson recommending approval of an agreement with Bonestroo, Rosen, Anderlik and Associates (BRAA) for completion of the NPDES Phase H permit. Councilmember Krebsbach stated that she really wants staff to monitor that the consultant delivers the permit in a timely fashion. Mr. Danielson responded that he is very confident with the consultant. He is very capable and also was picked by the League of Minnesota Cities to prepare their guideline specifications. He is doing a very good, and he would recommend hiring him to finish the program. Councihnember Schneeman moved to authorize Acting Administrator Danielson to execute an agreement with BRAA for Page No. 13 April 15, 2003 the NPDES Phase II permit completion, with costs to be financed by the Storm Water Utility Fund. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan stated that Council has a concern about geese that is stronger than the consultant identified in the potential sources of pollution. He would upgrade it to a serious problem, particularly in light of recent letters the city received from Senator Metzen and Representative Pugh. He also asked if the city has any control over the impact on the city's waterways by Sunfish Lake. He also asked whether there is a chance there will be another extension, given that an extension was granted for the first phase permit. Acting Administrator Danielson responded that staff worked with Sunfish Lake many years ago to determine the rate and location for that water to travel through Mendota Heights. With respect to the extension, Mr. Danielson stated that the city received a 60 day extension for the first permit, but that BRAA can finish the permit on time and submit it within 60 days. Responding to a question from Councilmember Krebsbach, Mr. f Danielson stated that this is the last request for consultant services for the permits for this year. In future years, staff hopes to do the work themselves. FAMILY SERVICES BOARD Council acknowledged a memo from Acting Administrator Danielson relative to a request from Independent School District 197 for Council appointment of a Board Member for the Family Services Collaborative Board. Councilmember Schneeman expressed interest in being appointed to the board. Councilmember Vitelli moved to appointed Councilmember Schneeman as the city's board member on the ISD 197 Family Services Collaborative Board. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Schneeman stated that Mr. Cliff Timm contacted her about the goose problem and asked her to call Senator Metzen i j and Rep. Pugh. She stated that they are both fond of Mr. Timm and Page No. 14 April 15, 2003 the day after they were contacted, they sent letters out. They are very concerned about the goose problem. Councilmember Krebsbach stated that there was a letter in the Star Tribune on Sunday about a hearing by MAC on cargo transportation. She asked Assistant Hollister to find out the status of the issue She pointed out that those jets are not regulated and would have an impact on the city. Mayor Huber stated that he has received calls from Ms. Evelyn Fischer, who is trying to raise money for a television set for the Parkview Plaza. She is trying to work with different groups to make money, and if anyone is interested, the seniors group will accept any contributions. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 8:54 p.m. Katideen M. Swanson City Clerk C -,