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2013-10-01 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 1, 2013 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Acting Mayor Petschel called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, and Norton. Mayor Krebsbach was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Acting Mayor Petschel presented the agenda for adoption. Councilmember Norton moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Acting Mayor Petschel presented the consent calendar and explained the procedure for discussion and approval. Councilmember Norton moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items C) Approval of Resolution 2013-72 Supporting 2014 -2018 Dakota County Capital Improvement Plan, E) Approval of Resolution 2013-74, In Connection With Outstanding City Of Mendota Heights Variable Rate Demand Industrial Development Refunding Revenue Bonds, Series 2000 (Dakota Business Plaza Project), and F) Approval of Resolution 2013-73, Critical Area Permit at 645 Sibley Memorial Highway. a. Acknowledgement of September 17, 2013 City Council Minutes b. Acknowledgement of September 24, 2013 Planning Commission Minutes c. Approval of Resolution 2013-72 Supporting 2014-2018 Dakota County Capital Improvement Plan d. Approval of Time Change for November 5, 2013 City Council Meeting e. Approval of Resolution 2013-74, In Connection With Outstanding City Of Mendota Heights Variable Rate Demand Industrial Development Refunding Revenue Bonds, Series 2000 (Dakota Business Plaza Project) October I, 2013 Mendota Heights City Council Page 1 f. Approval of Resolution 2013 -73, Critical Area Permit at 645 Sibley Memorial Highway g. Receipt of August 2013 Treasurer's Report h. Approval of Claims List i. Approval of Contractor List Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEMS C) APPROVAL OF RESOLUTION 2013 -72 SUPPORTING 2014 -2018 DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN Councilmember Duggan asked for clarification on the sources of funds for the Dakota County Capital Improvement Plan and how the funds are spent. He also noted that Mendota Heights is the lowest recipient for the next five years. City Engineer John Mazzitello replied that this capital improvement plan is funded largely through tax dollars generated by the County; although they do receive grants and other funds from state and federal departments for their projects. The City of Mendota Heights has four projects included in this Capital Improvement Plan. In the past, if there have been projects the City of Mendota Heights wanted to see included, requests to the County were usually honored. Council Duggan suggested that the Highway 110 median be added to make it more attractive. Acting Mayor Petschel suggested that this be added to the Council's work plan for discussion. City Administrator Justin Miller confirmed that this would be a state project since it is a state highway. Councilmember Duggan moved to adopt Resolution 2013 -72, Resolution Supporting 2014 -2018 Dakota County Capital Improvement Plan. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 E) APPROVAL OF RESOLUTION 2013 -74, IN CONNECTION WITH OUTSTANDING CITY OF MENDOTA HEIGHTS VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS, SERIES 2000 (DAKOTA BUSINESS PLAZA PROJECT) For the benefit of the public, Acting Mayor Petschel asked for an explanation of this resolution. Finance Director Kristen Schabacker explained that back in 2000, the Dakota Business Plaza refunded their original bonds that were issued through the city. At this time, they are looking to extend those bonds by ten years. In doing so, the interest on those bonds would become taxable for federal tax purposes. But in order for them to modify those bonds, they need approval from the City since they were issued as conduit debt. The city's bond attorney reviewed this request and had no issues. October 1, 2013 Mendota Heights City Council Page 2 Councilmember Povolny moved to adopt Resolution 2013 -74, Resolution In Connection With Outstanding City of Mendota Heights Variable Rate Demand Industrial Development Refunding Revenue Bonds, Series 2000 (Dakota Business Plaza Project). Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 F) APPROVAL OF RESOLUTION 2013 -73, CRITICAL AREA PERMIT AT 645 SIBLEY MEMORIAL HIGHWAY Councilmember Duggan noted that the resolution read that `use of natural or natural looking materials will be used wherever practical' and that the critical area ordinance calls for primarily the use of natural materials. The phrase in the resolution seems to allow a builder to use natural looking materials throughout and he was not comfortable with that. Planner Nolan Wall replied that the application materials show that this building would be cedar sided and the retaining wall would be rock. The application materials included renderings of the landscape plans. Councilmember Duggan questioned the statement in the resolution that read the construction will reduce visual impacts from view of the river'. Planner Wall answered that this Findings of Fact was meant to address the existing detached garage, which would be removed. Councilmember Duggan moved to adopt Resolution 2013 -73, Critical Area Permit at 645 Sibley Memorial Highway. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC COMMENTS Ms. Kim Smith, 1783 Lilac Lane, stated that she has lived across the street from the Marie Park hockey rink for over twenty years. She is aware there is talk of converting one or all of the hockey rinks to off - leash play areas, which she would be in favor of. She stated that the hockey rink has been used as an off - leash play area for over twenty years which is in violation of the current leash law. Five years ago, a number of dog owners asked to have a gate put on the hockey rink and were turned down. The rink is still being used as an off -leash dog area. This past summer, Mendota Heights Police have been warning dog owners to not use the rink, the tennis court, etc. This is bothersome because the parks are underutilized. She asked why the residents cannot use the parks. She encouraged the Council to make the right decision and put gates on all of the rinks. Ms. Smith shared reports from ten other communities that have converted rinks to off -leash areas very successfully. October 1, 2013 Mendota Heights City Council Page 3 Acting Mayor Petschel asked for clarification on converting the rinks. City Administrator Justin Miller explained that the Parks and Recreation Commission did consider this at a recent meeting and made a recommendation to have the Marie Park hockey rink used as an off -leash dog area for a trial period. That recommendation would be coming to the City Council on November 19, 2013 as a public hearing. Ms. Jean West, 1833 Eagle Ridge Drive #8, stated that she would like to see the trial period take place before a public hearing so the Council would have more information. She stated that there are many dog owners living in Mendota Heights who have little or no yards. For the health of their dogs and for themselves, they need an off -leash park. As an alternative, she suggested the Council consider rewriting the dog ordinance to allow voice command of dogs. Ms. Mary McGrory - Usset, a Parks & Recreation Commissioner, was in attendance as a resident to give support for this off -leash park. Six out of seven days a week she drives out of Mendota Heights to find a dog park to let their dogs run. There are many elderly dog owners in the City who need a place to allow their dogs to run free. She also referred to the letter provided by Ms. Smith which outlined other communities with off -leash dog parks. Mr. Jon Mathisrud, 1860 Hunter Lane, asked what is being done about cell phone service in the city. Acting Mayor Petschel explained that research has been done and there have been only two requests for cell towers that have been turned down, and those were at the request of the citizens in the proposed areas. There have not been any requests by carriers since that time for new towers, just upgrades to existing towers which the Council has honored. Acting Mayor Petschel recognized Mr. Will Larson, who was in attendance to observe the Council as a step towards earning his Citizenship in the Community Merit Badge; he is close to becoming an Eagle Scout. Mr. Scott Van, 1870 Hunter Lane, carne forward to support the efforts of the dog park supporters and believes the issue should be rectified quickly. PUBLIC HEARING A) APPROVE RESOLUTION 2013 -71, ASSESSMENT HEARING FOR HUNTER LANE NEIGHBORHOOD STREET IMPROVEMENT PROJECTS Assistant City Engineer Ryan Ruzek explained that the Hunter Lane Neighborhood Street Improvement Project is nearing completion, which included reconstructing Hunter Lane, Orchard Place, and Culligan Lane East; and street rehabilitation of Culligan Lane West, Glenhill Road, Veronica Lane and Orchard Circle. The total assessable cost for the project was $606,308.17. The total project cost is $1,921,641. Payment options were explained. If payment in full is received by November 1, 2013, then no interest will be charged. After November 1, 2013, the amounts will be certified to the County Auditor to be placed on the tax statements. As of this date, interest will start to accrue at six percent. October 1, 2013 Mendota Heights City Council Page 4 Councilmember Duggan asked how many complaints had been received in relation to the project. Ruzek replied that there were very few complaints and all of the issues had been resolved or are on a punch list to be taken care of. Councilmember Duggan asked what the biggest challenge to the project was. Ruzek answered there was a lot of bad weather at the start of the project but once the contractor was on -site everything flowed well. Councilmember Duggan moved to open the public hearing. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mr. Jay Phillips, 1127 Orchard Place, stated he did not have service from Comcast for five days due to his line being cut during the project. He also stated that he is not used to paying for something before it is completed. As of today, his street does not have the topcoat and he does not have any sod or a mailbox installed. He asked for clarification on paying interest for 2014 if he pays off his balance after November 1St. Finance Director Schabacker replied that once the assessment is certified to Dakota County, a resident would be responsible for the interest from the date of this hearing through 2014. If the assessment is paid off in January 2014, the resident would be responsible for paying the interest for that entire year. There are no pro - rations of interest once it goes to the County. If there is a balance due on any assessment at the beginning of any given year, the resident is responsible for the interest for that full year, regardless of when it is paid off during that year. Mr. Phillips also shared images of the road in front of his house, which has standing water after a rain. The water cannot reach the storm sewer because the top coat has not been installed. He was told that this is the way it would remain until 2014. He is concerned about the ice that will be there during the winter and during the spring melt and re- freeze. Mr. Jon Mathisrud, 1860 Hunter Lane, believes that the construction company did a nice job and the project looks great. Councilmember Duggan asked for clarification on the tuning of the completion of the project and what the city policy is on assessing a project before completion. Ruzek replied that city staff considers a project substantially complete when it has curb and gutter, sod, and the first lip. The final lip installation is when the project is considered to be complete, which will be the summer of 2014. The City's assessment policy states the project must be `substantially complete' before assessments are adopted. He also explained that when deep utility work is done, such as the water main replacement, there is concern of settlement over the next year. Councilmember Duggan moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 October I, 2013 Mendota Heights City Council Page 5 Councilmember Duggan moved to adopt RESOLUTION 2013-71 A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE HUNTER LANE NEIGHBORHOOD IMPROVEMENTS (PROJECT #200902), with one grammar correction to paragraph 1 of the resolution. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 UNFINISHED AND NEW BUSINESS A) APPROVE RESOLUTION 2013 -75, AWARD OF SALE, GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A Finance Director Kristen Schabacker explained that a bond sale occurred on this date for the street improvement projects that took place this summer. Nick Anhut, a representative from Ehlers and Associates, presented results of the bids, with Baird from Milwaukee, Wisconsin bidding the lowest rate of just over 2.8%, over the course of nineteen years. The City was also upgraded to a AAA rating by Standard and Poor's. The closing for the bonds is scheduled for November 5, 2013. Councilmember Duggan moved to adopt Resolution 2013-75 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,685,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVING A TAX FOR THE PAYMENT THEREOF. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 B. CONSIDERATION OF PETITION FOR INSTALLATION OF STREET LIGHT, KENDON LANE City Engineer John Mazzitello stated that staff received a resident petition for the installation of a street light at the end of the cul-de-sac on Kendon Lane. One of the nine residents disagreed with the petition. The City practice has been, when a petition for street lights is received, Excel Energy would install a new overhead street light on an existing power pole at no charge and the city would pay for the electrical costs. In this particular instance, there is no power pole at the end of Kendon Lane. There are power poles along the north side of Kendon Lane. Staff has obtained quotes from Xcel Energy for the installation of a pole and the monthly electric charge for two different types of installation: 1. Pole installation with overhead wires - $597.00; monthly electrical charges - $9.52 2. Pole installation with underground wires - $5,954.00; monthly electrical charges - $6.23 Staff presented this infonnation to the petition organizer, and the petitioners would like to ask the City to pay the installation cost and the monthly electrical charges for the underground wire option. Staff requested the Council review the petition request, listen to the residents, and give direction to staff on how to proceed. October 1, 2013 Mendota Heights City Council Page 6 Acting Mayor Petschel asked who paid for the installation of the cobra lights at some of the large intersections. Mazzitello replied that the most recent installation was at the intersection of Delaware and Huber and explained that Xcel Energy installed the cobrahead at no cost to the city or to the residents on an existing pole. The city picked up the monthly electric costs. He further stated that if a cobrahead light fixture were installed on an existing light pole along Kendon Lane, there would be no installation charge. Acting Mayor Petschel stated there is a light pole just at the end of the Hiner's driveway and she believed that if the City does not have the money in the budget to do an underground installation, that this might be a solution. Mr. David Hiner, 1295 Kendon Lane, stated that between 1294 and 1286 Kendon Lane, a pole could be put in front of the easement between their property lines and there is a pole on the back of the house; which would put the light right at the end of the cul -de -sac. He asked if that possibility had been reviewed. Mazzitello replied that the petition organizer mentioned it as a possibility. Xcel Energy gave a similar quote for that installation because a new pole would still need to be installed along the curb line of the street. Acting Mayor Petschel asked Mr. Hiner if he would find out what the wish of the neighbors would be. Mr. Hiner said he would meet with the petition organizer to poll the residents about installing a light (at no charge) on the existing pole at the end of his driveway. Councilmember Duggan asked for clarification on the location of the existing poles and the requested pole location, crime rates in the area, and legal position of the city in the various scenarios. Councilmember Duggan suggested that staff work with the residents and Mr. Hiner to come up with a lighting system that could be put on the existing pole that would be acceptable to everyone and come back to Council next month. Councilmember Povolny asked if the residents had considered installing their own street lamps at the end of their driveways, next to the street. This would not be installed by Xcel Energy but would not be as interfering as an overhead street light. Councilmember Duggan moved to table a decision on this petition until further explorations of options could be ascertained. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 The direction given to staff was to explore suggestions made by Mr. Hiner, Councilmember Duggan, and Councilmember Povolny and return the topic to Council. October 1, 2013 Mendota Heights City Council Page 7 COMMUNITY ANNOUNCEMENTS Assistant City Administrator Tamara Schutta made the following announcements: • The fall edition of the Heights Highlights will be in mailboxes this week. • Ivy Hills Tennis Court Open House, hosted by the Parks & Recreation Commission, Tuesday, October 8, Council Chambers, 5:45 p.m. Looking for citizen input on what to do with the tennis courts (repair, converted to volleyball courts or picldeball courts, or other options). • Fire Department Open House, Saturday, October 12, 10:00 a.m. — 3:00 p.m. • Parks & Rec Department hosting a Glow -in- the -Dark golf event at Par 3, Saturday, October 19 and Saturday, November 2, check in starts at 6:30 p.m. with golf starting at 7:00 p.m., $15 /person. • Halloween Bonfire, Thursday, October 31, 7:00 p.m. — 9:00 p.m., Mendota Plaza. Dry brush collection begins Saturday, October 26 and goes through Wednesday, October 30. COUNCIL COMMENTS Councilmember Duggan made residents aware of the Fire Department Dance on November 15 at the new location, the Mall of America Hilton. Councilmember Povolny shared that he had fiin Saturday morning while attending the fire department's practice burn on a house. Acting Mayor Petschel recognized City Clerk Lorri Smith for the wonderful job on the Heights Highlights. She also expressed her appreciation to Tammy Schutta for the City's postings on Facebook. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Acting Mayor Petschel adjourned the meeting at 8:18 p.m. Eliza • eth Petschel Acting Mayor ATTE ■ orri Smith City Clerk October 1, 2013 Mendota Heights City Council Page 8