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2003-02-18 City Council minutesPage No. 1 February 18, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 18, 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, 1 -101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, Krebsbach and Schneeman. Councilmember Vitelli had notified Council that he would be absent. PLEDGE OF ALLEGIANCE Ayes:4 Nays:-0 Ayes: 4 Nays: 0 The City Council, audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach moved approval of the amended minutes of the regular meeting held on February 4, 2003. Councilmember Schneeman seconded the motion. CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 5e, Livable Communities grant agreement, and 5f, recycling joint powers agreement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the February 11, 2003 Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the December 11, 2002 and January 9, 2003 NDC4.meeting minutes. c. Acknowledgment of the Fire Department monthly report for January. Ayes: 4 Nays: 0 LIVABLE • 1 1 tl 1 Page No. 2 February 18, 2003 d. Acknowledgment of "Tips for a Great Production" provided by Town Square Television. e. Approval of an engagement letter for KPMG to perform the city's 2002 audit and authorization for its execution by the city's Finance Officer. f. Adoption of Ordinance No. 375, "AN ORDINANCE PROVIDING FOR THE NAME CHANGE OF SWAN DRIVE (LOCATED BETWEEN WAGON WHEEN TRAIL AND CHERI LANE) TO CYGNET LANE." g. Approval of the list of contractor licenses dated February 18, 2003. h. Approval of the List of Claims dated February 18, 2003 and totaling $191,199.59. Councilmember Schneeman seconded the motion. Council acknowledged a memo from Administrator Lindberg regarding execution of the Metropolitan Livable Communities Grant and a memo from Assistant Hollister regarding execution of the 2003 Community Landfill Abatement Program funding agreement. Councilmember Duggan asked whether the Metropolitan Council's blueprint referred to in the agreement was 2030. He stated that there are concerns with the new government as to whether 2030 will actually go into affect. He also asked what the difference is between the environmental site assessment referenced in the agreement and an EAW. Administrator Lindberg responded that it is Blueprint 2030. City Attorney Schleck stated that an environmental site assessment and an EAW are totally different things. The site assessment is a historical review of the uses of the property that may raise concerns about the environmental condition of the property. Administrator Lindberg stated that the Phase I environmental review has already been done on the site. She also informed Council that �„ Page No. 3 February 18, 2003 the city had to sign a similar agreement when the 1999 grant was received. With respect to the waste abatement funding agreement, Councilmember Duggan noted that there is no carry over of funds. He asked if all of the funding authorized under the last agreement was spent in 2002. Assistant Hollister responded that the city's 2002 allocation was not completely spend and, as has been the city's practice, the left over funding will go back to the county. Referring to Section 4b, Councilmember Duggan asked whether the city has applied for a sustainable environment grant and whether the city is in a position to be able to apply for a grant. Assistant Hollister responded that the city is eligible to apply but has never done so. Councilmember. Duggan moved to authorize execution of the "Metropolitan Livable Communities Act Livable Communities Demonstration Account Grant Agreement" and the "Eleventh Amendment to 192 Joint Powers Agreement Between Dakota County and the City of Mendota Heights for the 2003 Waste Abatement Community Funding Plan." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 PRESENTATION Council acknowledged a memo from Administrator Lindberg along with a proposed resolution honoring City Treasurer Lawrence Shaughnessy. Ayes: 4 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 03- 11, "A RESOLUTION HONORING LAWRENCE E. SHAUGHNESSY, JR." Councilmember Schneeman seconded the motion. Mayor Huber read the resolution for the audience and presented it to Mrs. Mary Shaughnessy and her daughter Mary Pat. COMMISSION Council acknowledged a memo from Administrator Lindberg Page No. 4 February 18, 2003 APPOINTMENTS regarding appointments to fill the Commission terms that expired on January 31. Mayor Huber moved that Mike Povolny be appointed to the Airport Relations Commission and that Scott Beaty and Elizabeth Petschel be reappointed to the commission; that Stan Linnell, Raymond Morris and Larry Craighead be reappointed to the Parks and Recreation Commission; and, that Mark Miller be appointed to the Planning Commission and Marina McManus and Bruce McManus be reappointed. Councilmember Schneeman seconded the motion. Councihnember Duggan stated that it should be clarified that there are no term limits for commissioners at this time. He stated that applicants could be advised to expect two to three terms depending on interest, performance and attendance. There is no system in place to measure seated commissioners versus applicants who have interest in order to determine which direction to go. He stated that he is the newest member of Council, but having felt two years ago that his potential sixth term as a commissioner slipped through the cracks, he thinks Council needs to be very careful. There were three Planning Commissioners who said they wanted to stay on the commission and three new candidates for the commission. He stated r that he is not in agreement with replacing Commissioner Friel. He felt Mr. Friel is the strongest commissioner in terms of understanding terms and regulations. He stated that he is comfortable with appointing Mr. Miller to the commission and feels that he is an outstanding candidate, but he is challenged with the process of removing and replacing a commissioner. Councihnember Krebsbach stated that she feels Mr. Miller is an excellent candidate but that she supports Councilmember Duggan's stance. Mayor Huber stated that Council is fortunate to have many people who have come forward to serve on the commissions and there has been a good blend of having people serve for a long time and new commissioners as well. He stated that he is sure there are people who have not been reappointed to commissions who have more experience than their replacements, but at the same time, he would encourage Council to consider that at one time everyone on Council was a rookie and did not know as much as the people they replaced on a commission or on the Council. All of Council also benefited from the warm and welcoming nature that the commission or Council gave them when they started. Many people have gone �, Page No. 5 February 18, 2003 through the process and become outstanding additions to Council and the commissions. He stated that he would be saddened that this would be the first instance where an appointee did not feel welcomed. He further stated that he hopes that Council will all carefully consider that matter. Also, he feels that every Council member has some idea of what would happen in two weeks if this matter is tabled and that he would be very disappointed if it is carried over. Councilmember Krebsbach stated that Mr. Miller is an outstanding candidate and she does not think he is a rookie. The point is removal of a commissioner. There are no rules and it would be arbitrary. He stated that she has supported Mr. Friel's appointments in the past because of his knowledge of the law even though he rarely votes with the positions she takes. Councilmember Schneeman stated that everyone knows she is a strong proponent of getting new people on the commissions. She served on the Parks and Recreation Commission for six years and did not reapply because she felt it was time for new people. Her husband served on the Planning Commission for six years and did not reapply because he felt the same way. Many people have asked her how they get their feet wet in city government. Being on the commissions is one way. She stated that she does not think term limits are a bad idea and that it is very healthy for any organization and any city. She further stated that Mr. Friel has served the city very well, and this would be his fifth term on the commission. She felt that four terms is enough for anyone to serve and she does not think he should feel badly about not being reappointed. She stated that Commissioner Duggan did not get reappointed to the Planning Commission but had excellent experience and now he is on the Council. Councilmember Duggan stated that the candidate named for the Planning Commission is an outstanding person and the outstanding candidate of those applying to serve. Mr. Friel would not have put his name forward if he was not comfortable with serving again. He pointed out that there are no rules for commission appointments, and his concern is the process. He stated that Mr. Friel is a wonderful person and he will be fine. He further stated that he will support the motion before Council tonight because this is a wonderful city and there should not be any rancor. His concern is that Council needs to consider establishing a process so that Council does not need to go through this again. Page No. 6 February 18, 2003 Mayor Huber stated that he is new at this, and he thinks there were a number of points Council needs to discuss. There are many things that Council should look in the commission appointment process. VOTE ON MOTION: Ayes: 3 Nays: 1 Krebsbach WENTWORTH PARK Council acknowledged a memo from Parks Project Manager WARMING HOUSE Kullander regarding Parks and Recreation Commission recommendation that Council not proceed with the proposed expansion of the Wentworth Park warming house. Mayor Huber stated it is his understanding that last year Council approved spending up to $20,000 to expand the building. He asked for clarification, stating that he did not believe Council's motion was to send it back to the commission. Apparently the commission has asked Council to reconsider. Assistant Hollister responded that in general there seem to be two different view points on what to do with the warming house. There is concern that the building is too small and too old. It is the oldest of the city's warming houses. Council is of a mind to add on to the warming house. The Parks and Recreation Commission's opinion is / that it is in such bad shape that it should not be expanded but should be replaced. The commission is asking Council to reconsider its decision. Mayor Huber stated that Commissioner Duggan and he were not on Council at the time of the motion. His concern is that for the past several years the winters have been uneven. The city's ability to build ice and then maintain it over the courts of the winter has been hit and miss at best. He stated that he lives close to the park and drives by it a lot. His an information reading of the situation is that the ice does not get a lot of use, and he has noticed that most in recent years. When his children were young there were many times at Christmas and New Year's when the warming house was closed and there were many people at the rink. He was very concerned about putting $34,000 into that facility when there is such uneven use of the rink. To expect that there will be good ice much before Christmas is not realistic. When he was young, he was a rink attendant and his job didn't start until Christmas vacation and was over in late February. To spend $34,000 on a warming house for six weeks a season is a stretch. Page No. 7 February 18, 2003 Councilmember Duggan stated that he sat in at the Council meeting when the motion was made and, as he understood it, Council's decision was based on budget concerns and the limited use of the warming house. That is what primarily drove Council to go with the addition for $20,000. The issue went to the Parks and Recreation Commission, and at the last meeting they felt that if they were working with the Special Park budget it didn't make sense to spend $30,000 and then go back and spend $14,000 to $16,000 to rebuild. They had other budget concerns they were juggling. They voted unanimously to go with a replacement, whether it is this year or next year. They feel the building should be replaced rather than expanded. Also, an engineer should look at the structure to see whether it is worth expanding. It would only take an additional $14,000 to build a new structure. The Council discussion was primarily based on budget concerns and the fact that the rink does not get a lot of use. It went back to the commission for them to decide whether they want to spend the money on the addition or on other items. It did not make sense to the commission to add on to something that might not last long anyway. He felt that Council should acknowledge their concern. He agreed that there should be an engineering report to determine whether it is a good idea to add onto the structure. Council could look at the issue again in the spring, and perhaps the warming house can remain as it is for a couple of more years. Councilmember Krebsbach stated that Council has discussed this matter for years. She will go with the commission recommendation not to authorize the $20,000. The commission wants to look at it and submit a request for $34,000 for a new structure. Assistant Hollister stated that if the commission receives approval to replace the entire structure, Parks Project Manager Kullander was looking at doing it this summer. The commission knows how much money the Special Park Fund has and they also supported the skate park. Finance Officer Schabacker stated that the fund balance is approximately $300,000, so there is money for the projects. Councilmember Krebsbach supported the commission's recommendation. The warming house has been around as an issue for at least ten years. Councihnember Schneeman stated that she will support the commission. She felt that the improvement should be put off and a Page No. 8 February 18, 2003 decision should be made about what Council really wants there. There was no one at the rink tonight when she passed by it and no one there at two different times for three Saturdays in a row. There were many kids skating at the Marie Park. If a new warming house is built, she would like it to be a multi- purpose building. She stated that children are skating indoors and they are not skating outside as much as they used to. She would like the commission to come up with some idea on what other things could be done with a building at Wentworth Park. Mayor Huber stated that Council should hold off doing anything for now and look at the matter more. Councilmember Duggan stated that he would like a report back from an engineer on the condition of the existing structure to be sure it is worth saving. Mayor Huber stated that the building is 30 years old and was always undersized, and one has to wonder about the structural integrity. He agreed that Council needs to look at whether putting $20,000 into it is a decision Council should take a second look at. Administrator Lindberg asked if Council is asking the commission to make a recommendation or staff to come back with an engineering report on whether the base of the structure is sound. Mayor Huber responded that he thinks that when the weather permits, it should be determined whether the building has the structural integrity for an addition — whether there is any structural integrity left for the floor of the building and whether that is something that can be repaired or whether the entire building has to go. There needs to be an assessment of the entire building in order for Council to decide if an addition would be viable. Councilmember Schneeman stated that she also feels that Council needs to know how much the building is being used. Agreeing with the commission now will give Council time to see how many children are really skating there. She stated that Council should also e proactive — there are other needs, and she would like the commission to give Council more suggestions. Councilmember Krebsbach agreed that Council should look at other uses for the building, perhaps a storage facility that has a warming house component. Page No. 9 February 18, 2003 Councilmember Schneeman suggested another use would be for summer programs, but the structure should have windows. Mayor Huber stated that year round use has been considered, but there were concerns that a lot of windows would result in vandalism, and a year round building would raise the price considerably. AIR NOISE Council acknowledged a memo from Administrator Lindberg regarding a request from the Airport Relations Commission that Council authorize a letter to the MAC requesting an investigation of the evidence presented by the Rogers Lake East neighborhood group with respect to DNL contour maps. Council also acknowledged a draft letter prepared in response to the ARC request. Mayor Huber informed Council that he and Councilmember Krebsbach attended the last Airport Relations Commission meeting and listened to a presentation by the Rogers Lake East neighborhood. Senator Metzen and Representative Pugh were also in attendance and were impressed with the presentation. During the meeting, there was discussion about what Council could or should do. His feeling is that the presentation was very interesting and he was impressed by where the data was pulled from. He stated that he is not in a position to decide whether all the conclusions that were drawn are correct, but he thinks the neighborhood group raised some very interesting questions. His concern at the meeting was that this matter had come to the commission, and he feels a letter from Council just requesting the Chair of MAC to look into the matter would be appropriate. The reason he came to that conclusion is that he is concerned that if Council does not ask the Chair to look into it, that would be sending a signal that Council thinks some of the information the Roger's Lake East group raised is invalid or the conclusions they are drawing is far fetched. Council does not want to send them that message. The group raised some interesting questions that should be answered. He recommended requesting MAC Chair Grundseth to take a look at it. Councilmember Krebsbach stated that she thinks the letter is good and she will support Mayor Huber's position about the letter. Sending it to the MAC Chair brings it before the full MAC. Council has had discussions with Bert McKasy, the city's representative on MAC, but this would bring it to the entire commission. Councilmember Schneeman stated that she absolutely thinks it is a good letter and she is happy to be part of sending it. She further Page No. 10 February 18, 2003 stated that she hopes the city gets some answers. The Rogers Lake group deserves to have some answers. Councihnember Duggan stated that he is the only member of Council who lives under air noise and he supports sending the letter with two minor changes. He stated that he has visited with Mr. Kosel and Mr. Heide at their homes and experienced the air noise. He stated that he appreciates that Senator Metzen and Rep. Pugh were present to hear the concerns. He suggested that Council also look for a follow up and should encourage Mr. Heide and Mr. Kosel to continue their work. Councilmember Duggan moved to direct staff to submit the letter of support to Metropolitan Airports Commission Chair Grundseth. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 LIQUOR ORDINANCE Council acknowledged a memo from the City Clerk regarding a proposed amendment to the liquor ordinance to re- establish June 30 as the expiration date for intoxicating liquor licenses and the a determination whether the ordinance should be amended to allow an off -sale facility in Town Center. Councihnember Krebsbach stated that she would like to hold off on the discussion of a store in Town Center. The is one off sale store in the city now, and several in Lilydale and Mendota. Councilmember Schneeman stated that she would like to hold off on a decision as well, but she is not closing out the idea of a Haskell's store or something similar. Councilmember Duggan moved adoption of Ordinance No. 376, "AN ORDINANCE AMENDING ORDINANCE NO. 366," to reestablish June 30 as the expiration date for intoxicating liquor licenses. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PROPERTY MAINTENANCE Council acknowledged a memo from Administrator Lindberg ORDINANCE regarding property maintenance regulations. Mayor Huber stated that Councilmember Duggan distributed a copy of a letter from a resident at a previous Council meeting about the �, Page No. 11 February 18, 2003 conditions of some properties. He stated that when he was campaigning last fall, he found that there are very few cases where this is not a very well maintained community. There are very few properties that are not well maintained, but in those rare instances there is little or nothing the city can do about it. The sample ordinance that was included in the memo is from Eagan, and he recommended that Council look at what more cities do and then craft an ordinance that takes the best of what several cities have done. Without a proper ordinance, there is little code enforcement officers can do or that the prosecuting attorney can do. There are some situations where the city really needs to do something — some situations that go way beyond failure to maintain property. He stated that he would like to see the regulations from a few cities and give the Planning Commission a few samples and ask them to come up with something that is workable. Councilmember Duggan stated that he submitted the Palme letter and all of the Council had received a letter from another individual. He would like to keep the noise ordinance separate from other nuisances. He stated that the first page of the Eagan ordinance covers items that would ordinarily be covered by law. The city is not going to be looking at things like peeling paint. The primary concern is unsightly items in yards, and he is very comfortable with doing something. He suggested a list of items that should not be left in yards and should be a considered a violation if they are in a yard for fifteen days or more. As a basis, things that should be inside a home, garage or shed that are left outside for more than a specific period of time would be in violation of the nuisance ordinance. Some cities have a three visit inspection process. Councilmember Krebsbach stated that the ordinance that is proposed seems to be fair but she is concerned that sometimes there are neighbors watching neighbors. She did not want the ordinance to be too restrictive. She felt that the commission should look at the Eagan ordinance and see how it can be softened a little so that the city would have a legal stand to do an inspection. Public Works Director Danielson stated that it is important that the code enforcement officers look at the draft ordinance before one is adopted. Councilmember Schneeman stated that staff is recommending that the matter be referred to the Planning Commission and they should come up with more ideas. She would also suggest that the building officials get involved in the process. Eagan has not had any trouble Page No. 12 February 18, 2003 with its ordinance. She feels that a properly maintenance ordinance is a good idea and that the matter should be sent to the commission for a recommendation. Mayor Huber stated that there are problems but they are not wide spread. There is a potential to go too far, but right now there are no regulations to use when there are problems. He suggested that Council send a message to the commission that Council thinks something needs to be done. Councilmember Duggan stated that he is not comfortable with the firewood storage provisions. He also stated that he is uncomfortable sending vague direction to the Planning Commission and suggested that they concentrate on externals rather than the issues in the first page of the Eagan ordinance because those issues can already be addressed by the engineering and inspection staff. He stated that he would like something back from the commission by June at the latest and would also like an article in the city newsletter informing the residents that Council is pursuing the matter. It was the consensus that the Planning Commission should concentrate on the externals and that the commission be allowed several meetings to deal with the issue. GOAL SETTING Administrator Lindberg reminded Council that the annual goal setting session is scheduled for 3:00 p.m. on Tuesday, February 25 at the Marriott. COUNCIL COMMENTS Councilmember Duggan stated that he would like the Joint Powers Agreement letter from the City of Mendota to be placed on the next agenda. He also expressed his appreciation to Police Officer Todd Rosse and Fire Chief Maczko for his orientation in the police and fire departments. He expressed appreciation to Administrator Lindberg for the 60 day rule information she provided to Council. Councilmember Duggan stated that he received a call from a citizen about the city's police officers working for another entity and any, liability if one of the officers is injured while in uniform working for a private entity. Administrator Lindberg responded that as long as the officers are working for the city there is no additional liability. Council approved a policy whereby work outside the day to day operations of the city is authorized. As long as the officers are wearing their Page No. 13 February 18, 2003 uniforms and working for the city they are covered by the city's workers' compensation insurance. Councilmember Krebsbach stated that she was asked to serve on a MnDOT task force studying the speed limit on Hiawatha Avenue. She stated that she would like input from the community, and if any residents have comments, they should contact City Hall for her phone number and email address. Mayor Huber stated that he and the Mayors from West St. Paul, Inver Grove Heights, Sunfish Lake and South St. Paul had an informal meeting at West St. Paul a week ago. Most of them are new, so it was an opportunity for them to get to know each other. It was also to try to deal with the expected state budget cuts. The Mayors discussed ways the cities could operate more efficiently and cooperatively and do things jointly, such as seal coat bidding. The group agreed to meet again in a couple of months and include the city administrators. ADJOURN There being no further business to come before Council, Councilmember moved that the meeting be adjourned. Councilmember seconded the motion. Ayes: 4 Nays: 0 Kathleen M. Swanson City Clerk